2015/09/08 City Council Resolution 2015-149RESOLUTION NO. 2015 -149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF ROHNERT PARK AND MARY GRACE PAWSON FOR DIRECTOR OF
DEVELOPMENT SERVICES
WHEREAS, the City requires the services of a Director of Development Services;
WHEREAS, Employee desires to serve as Director of Development Services 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 Director of Development Services; and
WHEREAS, the City Manager, as appointing power, and Employee desire to agree in
writing to the terms and conditions of Employee's employment;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that the City Council authorizes and approves the 2015 Employment Agreement between
the City of Rohnert Park and Mary Grace Pawson for Director of Development Services in
substantially the same form as Exhibit "A," which is attached hereto and incorporated herein by
this reference.
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to
execute the same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 81h day of September 2015.
CITY OF ROHNERT PARK
Amy O. Ahanotu, Mayor
ATTEST:
i
ty Clerk
Attachment: Exhibit A
CALLINAN: "R e MACKENZIE: e STAFFORD: f BELFORTE: N a AHANOTU:
AYES: ( I- ) NOES: ( 0 ) ABSENT: ( 0) ABSTAIN: ( 0 )
"Exhibit A"
EMPLOYMENT
AGREEMENT BETWEEN THE
CITY OF ROHNERT PARK
AND
MARY GRACE PAWSON
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EMPLOYMENT AGREEMENT
Between
CITY OF ROHNERT PARK AND MARY GRACE PAWSON
THIS AGREEMENT between the CITY OF ROHNERT PARK ( "City ") and Mary Grace
Pawson ( "Employee ") is dated for reference purposes as of September 18, 2015, and is deemed
effective as of that date.
RECITALS
WHEREAS, the City requires the services of a Director of Development Services;
WHEREAS, Employee desires to serve as Director of Development Services 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 Director of Development Services and City Engineer; 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 Director of Development Services of the City of
Rohnert Park to perform the functions and duties specified in the City of Rohnert Park Job
Description for the Director of Development Services 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 Engineer.
(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.
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2. HOURS OF WORK.
The Director of Development Services is an exempt employee but is expected to engage
in those hours of work that are necessary to fulfill the obligations of the Director of Development
Services position. The Director of Development Services is expected to work customary
business hours.
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 Director of Development Services.
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 Director of Development Services 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 Director of Development Services; 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.
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(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.
5. COMPENSATION AND BENEFITS.
City agrees to pay Employee for her services rendered pursuant hereto as Director of
Development Services a gross monthly salary of ten thousand eight hundred twenty three dollars
($10,823) 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. This is the third step of the
M100 salary range and movement to the next step in the salary range is performance based at the
City Manager's discretion.
(a) The position of Director of Development Services 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 Director of Development Services 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 %) 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 included in the City's Miscellaneous Plan with the California
Public Employees' Retirement System ( "CalPERS ") at the two percent (2.0 %) at sixty -two (62),
highest three year average program.
(f) 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
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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 Director of Development Services. 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 undertaken in her
capacity as Director of Development Services, 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 Director of Development Services.
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.
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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: Mary Grace Pawson
Home Address on File with Human Resources
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.
12. 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 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 6 and 8. These sections, and the
others so intended, shall survive termination of employment and termination of this Agreement.
16. JURISDICTION AND VENUE.
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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 18, 2015.
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.
CITY OF ROHNERT PARK EMPLOYEE
Darrin Jenkins
City Manager
(Per Resolution 2015 - approved by the
Rohnert Park City Council at its meeting of
JoAnne Buergler
City Clerk
APPROVED AS TO FORM:
Michelle Marchetta- Kenyon
City Attorney
ME
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Mary Grace Pawson