2014/08/26 City Council Resolution 2014-102RESOLUTION NO. 2014 -102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING THE SALARY AND BENEFITS STATED
IN THE EMPLOYMENT AGREEMENT WITH BETSY HOWZE FOR
FINANCE DIRECTOR SERVICES AND CONFIRMING THE APPOINTMENT OF
BETSY HOWZE AS CITY TREASURER
WHEREAS, City desires to fill the Finance Director position, which has been vacant
since March 2014;
WHEREAS, pursuant to the authority granted in Rohnert Park Municipal Code the
City Manager has the power to appoint any and all officers and employees of the city;
WHEREAS, based upon her fulfillment of the qualifications for the position and
extensive experience in government finance, the City Manager has selected Betsy Howze to
fill the Finance Director position;
WHEREAS, Betsy Howze desires to serve as Finance Director of the City of Rohnert
Park in consideration of and subject to the terms, conditions, and benefits set forth in the
Employment Agreement negotiated by the parties;
WHEREAS, the City Finance Director has traditionally served as the City
Treasurer;
WHEREAS, Municipal Code Section 2.04.080 (Power of Appointment) provides that
the City Manager will appoint a City Treasurer, subject to approval of the City Council; and
WHEREAS, pursuant to that authority, City Manager desires to appoint Betsy Howze to
serve as City Treasurer and seeks confirmation of that appointment from City Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert
Park hereby authorizes and approves the salary and benefits stated in the Employment
Agreement between the City of Rohnert Park and Betsy Howze for Finance Director Services
( "Employment Agreement ") attached hereto as Exhibit "A" and incorporated by this reference.
BE IT FURTHER RESOLVED that the City Council hereby approves the appointment
of Betsy Howze as City Treasurer.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 26th day of August, 2014.
ATTEST:
oAnne M. Buergler, City
l
CITY OF ROHNERT PARK
a
Jose T. Callinan, Mayor
BELFORTE: - l- MACKENZIE: VV-t0 > STAFFORD: AHANOTU: (k.; CALLINAN:
AYES: ( ) NOES: (C's ) ABSENT: ( C,) ) ABSTAIN: ( () )
2014 -102
Attachment 2
EMPLOYMENT
AGREEMENT BETWEEN THE
CITY OF ROHNERT PARK
`1
BETSY HOWZE
Page I of 7
EMPLOYMENT AGREEMENT
Between
CITY OF ROHNERT PARK AND BETSY HOWZE
THIS AGREEMENT between the CITY OF ROHNERT PARK ( "City ") and Betsy Howze
( "Employee ") is dated for reference purposes as of September 15, 2014, and is deemed effective as of
that date.
RECITALS
WHEREAS, the City requires the services of a Finance Director;
WHEREAS, Employee desires to serve as Finance Director of the City of Rohnert Park in
consideration of and subject to the terms, conditions, and benefits set forth in this Agreement;
WHEREAS, Employee has the necessary education, experience, skills and expertise to serve as
the City's Finance Director and City Treasurer; and
WHEREAS, the City Manager, as appointing power, and Employee desire to agree in writing to
the terms and conditions of Employee's employment;
AGREEMENT
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. DUTIES.
(a) City agrees to employ Employee as Finance Director of the City of Rohnert Park to perform
the functions and duties specified in the City of Rohnert Park Job Description for the Finance Director
position, attached hereto as Exhibit A, and to perform other legally permissible and proper duties and
functions as City Manager may from time to time assign or appoint such as City Treasurer.
(b) Employee shall perform her duties to the best of her ability in accordance with the highest
professional and ethical standards of the profession and shall comply with all general rules and
regulations established by City.
(c) Employee shall not engage in any activity, which is or may become a conflict of interest,
prohibited contract, or which may create an incompatibility of office as defined under California law.
Prior to performing any services under this Agreement and annually thereafter, Employee must complete
disclosure forms required by law.
2. HOURS OF WORK.
The Finance Director is an exempt employee but is expected to engage in those hours of work
that are necessary to fulfill the obligations of the Finance Director position. The Finance Director is
expected to work customary business hours.
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3. TERM.
The term of this Agreement shall be five (5) years from the date of adoption specified or until
terminated by either party in accordance with the provisions set forth in this agreement or by the event
of the death or permanent disability of Employee.
4. RESIGNATION AND TERMINATION.
(a) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
Employee to resign at any time from her position as City's Finance Director. Employee may terminate
this Agreement by submitting written notice of her resignation to City. Employee shall give the City
thirty (30) days written notice of her intention to resign.
(b) Employee is an "at will" employee who serves at the pleasure of the City Manager and
nothing herein shall be taken to prevent, limit or otherwise interfere with the right of the City Manager
to terminate the services of Employee as Finance Director with or without cause at any time. There is no
express or implied promise made to Employee for any form of continued employment. Further, nothing
in this Agreement is intended to, or does, confer upon Employee any due process right to a hearing or
other administrative process pertaining to termination, before or after a decision by the City to terminate
her employment, unless Employee is entitled to a name clearing hearing under California or federal law.
No terms of this Agreement may be altered without an express written document signed by the
Employee and City Manager and approved by the City Council.
(c) Employee may be terminated for cause at any time by providing Employee written notice
of her termination for cause. Termination for cause means termination based upon a breach of any of the
terms of this Agreement, malfeasance of any nature occurring during the course and scope of the
Employee's duties as Finance Director; or a conviction, plea bargain, or personal adverse State or federal
determination against Employee individually involving any felony, intentional tort, crime of moral
turpitude, violation of statute or law constituting forfeiture of office, misconduct in office for personal
gain, misuse of public funds for personal benefit, conflict of interest resulting in conviction, or any other
incompatible activity or conflict of interest listed in Section 7 of City Personnel Rules and Regulations.
(d) Severance Benefits
(1) In the event Employee is terminated from employment without cause while still willing
and able to perform her duties under this Agreement, then City agrees to pay Employee one (1) month
severance of base monthly compensation if termination occurs during the 13 -24th month of
employment; two (2) months' severance if termination occurs during the 25 -36th month of employment;
and three (3) months' severance if termination occurs during the 37 -60th month of employment.
(2) In addition, City shall extend to Employee the right to continue health insurance as may
be required by and pursuant to the terms and conditions of the Consolidated Omnibus Budget Act of
1986 (COBRA).
(3) In the event Employee is terminated for cause, Employee shall be entitled to only the
compensation earned and accrued and such other termination benefits and payments as may be required
by law. Employee shall not be entitled to any severance benefits.
Page 3 of 7
5. COMPENSATION AND BENEFITS.
(a) City agrees to pay Employee for her services rendered pursuant hereto as Finance
Director a gross monthly salary of $10,948 payable in bi- weekly installments at the same time as other
employees of the City are paid and subject to all applicable payroll taxes and withholdings. The position
of Finance Director is exempt under the Fair Labor Standards Act and, therefore, no overtime pay will
be paid to Employee based on hours worked.
(b) In accordance with City policy, City Manager will review and evaluate performance of
Employee as Finance Director once each year. During this annual review, City agrees to consider all
possible merit based increases.
(c) Employee shall be entitled to the following salary adjustments provided to the non - public
safety Management Unit in accordance with the Outline of Certain Conditions of Employment, Fringe
Benefits, and Salary for the Management Unit ( "Management Unit Outline ") (Effective July 1, 2014 —
June 30, 2017): three percent (3 %) non - pensionable on July 1, 2015 and three percent (3 %) pensionable
on July 1, 2016.
(d) Employee shall be entitled to all benefits, rights, and privileges accorded to the non-
public safety Management Unit except as otherwise provided in this Agreement. If there is any conflict
between this Agreement and any resolution fixing compensation and benefits for non - public safety City
Department Directors or other unclassified employees, this Agreement shall control.
(e) Employee shall be credited with forty (40) hours of Annual leave at the time of hire.
(f) Employee shall be included in the City's Miscellaneous Plan with the California Public
Employees' Retirement System ( "CalPERS ") at the two percent (2.0 %) at fifty -five (55), single highest
year program.
(g) If available and budgeted, City will provide up to three thousand dollars ($3,000.00) per
fiscal year for Employee's professional development expenses. Use of these dollars shall be subject to
the prior approval of the City Manager.
(g) Employee is subject to City Personnel Rules and Regulations as an Executive
Management Employee and is exempt from specific rules and regulations as set forth in Section 1,
subsection (C) of the Personnel Rules, as amended or supplemented from time to time. Employee is
exempt from the City's Grievance Policy and Procedure as set forth in Resolution No. 79 -22 and
incorporated by reference into the Management Unit Outline and City Personnel Rules and Regulations.
6. INDEMNIFICATION.
In accordance with the terms, conditions, and limitations of the Government claims Act (Gov't
Code §§ 810 et seq.), City shall defend, save harmless, and indemnify Employee against any tort,
professional liability claim or demand or other legal action, whether groundless or otherwise, arising out
of an alleged act or omission occurring in the performance of Employee's duties as Finance Director.
Based on its sole discretion, the City will determine whether to compromise and settle any such claim or
suit and the amount of any settlement or judgment rendered thereon. Said indemnification shall extend
beyond termination of employment, and the otherwise expiration of this Agreement for any acts
Page 4 of 7
undertaken or his capacity as Finance Director, regardless of whether the notice of filing of a lawsuit for
such tort, claim, demand, or other legal action occurs during or following Employee's employment with
City as Finance Director.
7. CONFLICT OF INTEREST PROHIBITION.
Employee represents and warrants to City that, to the best of her knowledge, she presently has no
interest, and represents that she will not acquire any interest, direct or indirect, financial or otherwise,
which would conflict in any manner or interfere in any way with the performance of her duties under
this Agreement.
8. CONFIDENTIAL INFORMATION.
"Confidential Information" is all non - public information pertaining to the business of City (or
any City affiliate), its employees, clients, consultants, or business associates, which was produced by
any employee of City in the course of his /her employment or otherwise produced or acquired by or on
behalf of City. Confidential Information shall include, without limitation, proprietary information such
as trade secrets, confidential financial data and formulae, attorney client - privileged information,
confidential licensing information, software and other computer programs, copyrightable material, and
other information exempt from production under the California Public Records Act and /or the Freedom
of Information Act. During her employment by City, Employee shall disclose Confidential
Information only for the benefit of City and as may be necessary to perform her job responsibilities
under this Agreement. Following termination, Employee shall not disclose any Confidential
Information, except with the express written consent of City. Employee's obligations under this Section
shall survive the termination of his employment and the expiration of this Agreement.
9. GENERAL EXPENSES.
City recognizes and agrees to pay and /or reimburse Employee for reasonable and necessary
travel, subsistence and other business expenses incurred by Employee in the performance of her duties
with prior approval by the City Manager.
10. NOTICES.
Any notices required by this Agreement shall be in writing and either given in person or by first
class mail with postage prepaid and addressed as follows:
TO CITY: City Manager
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
TO EMPLOYEE: Betsy Howze
Home Address on File with Human Resources
Page 5 of 7
11. ATTORNEY'S FEES.
In the event of any mediation, arbitration or litigation to enforce any of the provisions of this
Agreement, each party shall bear its own attorney's fees and costs.
1.2. ENTIRE AGREEMENT.
This Agreement is the final expression of the complete agreement of the parties with respect to
the matters specified herein and supersedes all prior oral or written understandings, and it may not be
contradicted by evidence of any prior or contemporaneous statements or agreements. Except as
prescribed herein, this Agreement cannot be modified except by written mutual agreement signed by
both parties and approved by the City Council. To the extent that the practices, policies, or procedures
of City, now or in the future, apply to Employee, and are inconsistent with the terms of this Agreement,
the provisions of this Agreement shall control.
13. ASSIGNMENT.
This Agreement is not assignable by either City or Employee.
14. SEVERABILITY.
In the event that any provision of this Agreement is finally held or determined to be illegal or
void by a court having jurisdiction over the parties, the remainder of the Agreement shall remain in full
force and effect t unless the parts found to be void are wholly inseparable from the remaining portion of
the Agreement.
15. PROVISIONS THAT SURVIVE TERMINATION.
Many sections of this Agreement are intended by their terms to survive the termination of
employment with the City, including but not limited to Sections 3(d) and 5. These sections, and the
others so intended, shall survive termination of employment and termination of this Agreement.
16. JURISDICTION AND VENUE.
This Agreement shall be construed in accordance with the laws of the State of California, and the
Parties agree that venue shall be in Sonoma County, California.
17. NO WAIVER OF DEFAULT.
The failure of any party to enforce against another party any provision of this Agreement shall
not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve
to vary the terms of this Agreement.
18. EFFECTIVE DATE.
This Agreement shall be deemed effective on September 15, 2014
Page 6 of 7
19. ACKNOWLEDGMENT.
Employee acknowledges that she has had the opportunity to consult legal counsel in regard to
this Agreement, that she read and understands this Agreement, that she is fully aware of its legal effect,
and that she has entered into it freely and voluntarily and based on her judgment and not on any
representations or promises other than those contained in this Agreement.
IN WITNESS WHEREOF, the City has caused the Agreement to be signed and executed on its
behalf by its City Manager. It has also been executed by Employee on the date first above written.
IC
JoAnne Buergler
City Clerk
APPROVED AS TO FORM:
C
Michelle Marchetta Kenyon
City Attorney
CITY OF ROHNERT PARK
IN
Darrin Jenkins
City Manager
Per Resolution No. 2014 - adopted by the Rohnert
Park City Council on
EMPLOYEE
IN
Page 7 of 7
Betsy Howze
ATTACHMENT 3
City of Rohnert Park
FINANCE DIRECTOR
DEFINITION
Serves as a member of the City's executive team. Directs, manages, and oversees the
activities and operations of the Finance Department including financial reporting,
accounting, payroll, budget preparation, treasury function, debt administration, revenue
management, utility billing, business licensing, and purchasing; advises the City
Manager and City Council on financial matters. Serves as the City Treasurer and City
Auditor. Performs other duties as assigned.
DISTINGUISHING CHARACTERISTICS
The Finance Director has responsibility for the lawful, effective and prudent
disbursement, investment and management of City funds as well as for ensuring the
City's compliance with all regulations governing the keeping of municipal financial
records and the filing of reports.
The incumbent is responsible for maintaining positive community relations while
efficiently collecting sufficient taxes, fees and fines to sustain the City's operations. The
incumbent is expected to know all laws, codes and standards regulating municipal
finances and within these guidelines has the discretion to plan, organize and direct the
City's financial operations.
SUPERVISION RECEIVED /EXERCISED
Administrative direction is provided by the City Manager. The Finance Director
provides direct and indirect supervision of staff engaged in the operations of the
Finance Department.
ESSENTIAL JOB DUTIES
(These duties are a representative sample; position assignments may vary)
• Directs, manages and oversees all Finance Department services and activities
including financial reporting, accounting, payroll, budget preparation, treasury
function, debt administration, revenue management, utility billing, business
licensing, and purchasing
• Advises the City Manager and presents to the City Council on financial matters
• Works closely with the executive team to develop and improve finance
operations and systems
• Monitors and evaluates the efficiency and effectiveness of financial methods and
procedures, administrative and support systems; identifies opportunities for
improvement; directs the implementation of changes
• Prepares and presents reports to the City Council and various committees and
commissions regarding the City's financial matters; supports the City Manager in
the administration, development and strategic planning of finance and budget
strategies
City of Rohnert Park
Finance Director
Page 2
• Serves as the City Treasurer, auditor, and financial advisor overseeing financial
forecasting, investment management, and related financial activities
• Oversees and participates in the preparation of financial statements in
accordance with generally- accepted accounting standards;
• Serves as the City's principal budget officer; coordinates and advises city
department leadership on the development and administration of the City's
budget; strategizes on city -wide long term budget forecasting; reviews and
controls programs and projects to ensure cost effectiveness
• Participates in and makes presentations to the City Council and a wide variety of
committees, boards and commissions
• Works cooperatively to address City issues, ensures overall health of the
organization, fosters good communications between program staff and provides
consistent and professional management
• Represents the City and the Finance department to outside groups and
organizations and participates in community and professional groups providing
technical assistance as necessary
• Conducts studies of cash on hand and cash flow requirements to determine
investment schedules
• Ensures availability of funds for debt service payments and proper accounting for
bond funds
• Reviews capital improvement projects and ensures that authorized expenditures
match the proper funding source
• Supervises the maintenance of the General Ledger and the preparation and
analysis of various financial statements, schedules and reports
• Oversees the design and maintain finance software
• Serves on the Emergency Management Team in the event of a disaster or
emergency
• Provides outstanding and friendly customer service
CITY EMPLOYEES ARE EXPECTED TO:
• Provide outstanding and friendly customer service
• Create and maintain a respectful and collaborative working environment
• Communicate honestly and behave in a manner that is ethical, legal and fiscally
responsible
• Demonstrate care for the organization, customers and coworkers
• Practice and encourage initiative and innovation to improve the workplace
QUALIFICATIONS
Education/Training /Experience:
Sufficient education, training and experience to manage the finances of a city, the
collection, accounting and reporting of City funds and the work of a city Finance
Department. A typical way to obtain the required qualifications is to have:
City of Rohnert Park
Finance Director
Page 3
• A Bachelor's Degree from an accredited college or university with major course
work in accounting, business or public administration, and
• Five years of professional, comprehensive and increasingly responsible work
experience in governmental accounting, auditing and financial management,
including two years in a managerial capacity
• A Master's Degree and public sector experience are highly desirable
License /Certificate:
• CPA Certificate is desirable.
• Possession of a valid California Class C Driver's License by date of appointment
Special Requirements:
Per California State Law, smoking is not permitted inside City facilities /vehicles or
within 20 feet of main entrances, exits, and operable windows
Attend Council Meetings, budget work sessions and community meetings
Knowledge of:
• Thorough knowledge of the principles and practices of public agency finance,
including general and governmental accounting, auditing and reporting functions
• Principles and practices of public agency budget development and administration
and sound financial management policies and procedures
• Thorough knowledge of laws, codes and standards regulating municipal finances
and within these guidelines has the discretion to plan, organize and direct the
City's financial operations
• Trends and innovations in the field of finance and governmental accounting
Knowledge of fund and cash -basis of accounting and reporting
• Standard financial office procedures, machines, manual and automated data
storage, processing and retrieval systems
• Thorough knowledge of laws, codes and regulations pertaining to the financial
operations of municipal government
Skill to:
• Manage public money, make financial plans, projections and budgets and to
apply financial regulations and sound accounting principles to a wide variety of
transactions
• Use spreadsheets and other computer applications related to financial operations
• Analyze, interpret and quickly act upon data related to investment decisions and
other financial transactions.
• Make independent decisions and solve practical operational problems
Ability to:
• Evaluate, develop and improve finance operations and systems; manage and
deliver related projects to successful conclusion
City of Rohnert Park
Finance Director
Page 4
• Monitor and evaluate the efficiency and effectiveness of service delivery methods
and procedures; assess and monitor the distribution of work, support systems,
and internal reporting relationships; identify opportunities for improvement; direct
and implement changes
• Develop and implement department policies and procedures
• Plan, organize, direct and coordinate the work of management, supervisory,
professional, technical and administrative support personnel
• Conduct a variety of departmental organizational and operational studies and
investigations; recommend modifications to programs, policies and procedures
as appropriate
• Analyze problems, identify alternative solutions, project consequences of
proposed actions and implement recommendations in support of goals
• Provide administrative and professional leadership and direction for the
Department and the City
• Prepare and administer large and complex budgets; allocate limited resources in
a cost - effective manner
• Select, train, motivate and direct department personnel directly and through
subordinate management staff evaluate and review work for acceptability and
conformance with department standards
• Contribute to the overall quality of the department's service by developing,
reviewing, and implementing policies and procedures to meet legal requirements
and City needs
• Establish and maintain cooperative working relationships
• Learn and apply new technology
Working Conditions:
The position requires prolonged sitting in the performance of daily duties and frequent
repetitive keyboarding for inputting data and preparing reports and other documents.
The position also requires walking, standing, stooping, some pushing, dragging, and
light lifting while obtaining and returning journals, printouts, documents and boxes.
Near, far and color vision is required in reading correspondence, statistical data, and
using a computer. Hearing is required when providing phone and face -to -face customer
service and attending meetings. The position works in an office environment, around
standard office equipment, interacts with the public, and is subject to interruptions and
deadlines.
FLSA Status:
Exempt
Employee Unit:
At Will - Contract
Approved By:
Gabriel A. Gonzalez, City Manager
Revised:
March 9, 2012, September 16, 2013
Approved:
April 22, 1997