2017/05/09 City Council Resolution 2017-057RESOLUTION NO. 2017-057
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF ROHNERT PARK AND BETSY HOWZE FOR FINANCE
DIRECTOR SERVICES
WHEREAS, on September 15, 2014, City entered into an Employment Agreement with
Betsy Howze ("Employment Agreement") to retain her services as the Finance Director;
WHEREAS, the City and Betsy Howze desire to further amend the Employment
Agreement to modify the terms and conditions of Betsy Howze's employment as Finance
Director;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Rohnert Park hereby approves the First Amendment to Employment Agreement between the
City of Rohnert Park and Betsy Howze for Finance Director Services in substantially the same
form attached hereto as Exhibit "A," which is incorporated herein by this reference.
BE IT FURTHER RESOLVED, that the City Manager is authorized and directed to
execute 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 9th day of May, 2017.
CITY OF ROHNERT PARK
f,
I,j l�V ckenzie, Mayor
ATTEST:
Caitlin Saldanha, Deputy City Clerk
Attachment: Exhibit A
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EXHIBIT "A"
FIRST AMENDMENT TO
EMPLOYMENT AGREEMENT
Between
CITY OF ROHNERT PARK AND BETSY HOWZE
1. PARTIES AND EFFECTIVE DATE
The parties to this First Amendment to Employment Agreement ("First Amendment")
are the City of Rohnert Park ("City") and Betsy Howze ("Employee"). The effective date of
this First Amendment shall be April 30, 2017,
2. PURPOSE
The parties have previously entered into an Employee Agreement between City of
Rohnert Park and Betsy Howze ("Employment Agreement") effective as of September 14,
2014. The City and Employee hereby desire to amend the Employment Agreement as set forth
below.
3. AMENDMENT TO SECTION 4
(a) Section 4(d)(1) of the Amended Employment Agreement is hereby modified in its
entirety to read as follows:
3. RESIGNATION AND TERMINATION.
(d) Severance Benefits
(1) In the event Employee is terminated from employment without cause
while still willing and able to perform his duties under this Agreement,
then City agrees to pay Employee a lump sum cash payment equal to
two (2) months of her base monthly compensation if termination
occurs during the 25 -36th month of employment and (3) three months
of base monthly compensation if termination occurs during the 37-601h
month of employment. All payments required under this Section
4(d)(1) are subject to and shall be interpreted to comply with the
limitations set forth in Government Code Section 53260. 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).
(b) The following shall be added as Section 3(e) to the Amended Employment
Agreement:
Howze First Amendment to Employment Agreement
City of Rohnert Park
Page 2 of 3
3. RESIGNATION AND TERMINATION.
(e) Reimbursement to the City
(1) If this Agreement is terminated, any cash settlement related to the
termination that Employee may receive from the City shall be fully
reimbursed to the City if Employee is convicted of a crime involving
an abuse of his office or position as defined by Government Code
section 53243.4.
(2) If any express or implied provision of this Agreement, the Municipal
Code of the City, or any policy or practice of the City provide paid
leave salary to Employee pending an investigation, said paid leave
salary shall be fully reimbursed by the Employee to the City if
Employee is convicted of a crime involving an abuse of his office or
position as defined by Government Code section 53243.4.
(3) If any express or implied provision of this Agreement, the Municipal
Code of the City, or any policy or practice of the City provide for
payment of funds for the legal criminal defense of Employee, said
funds paid for her legal defense shall be fully reimbursed by Employee
to the City if Employee is convicted of a crime involving an abuse of
his office or position as defined by Government Code section 53243.4.
4. AMENDMENT TO SECTION 5
Section 5(c) of the Amended Employment Agreement is hereby modified in its entirety
to read as follows:
5. COMPENSATION AND BENEFITS.
(c) Employee shall be entitled to the following salary adjustments: $142,759.73
base salary (which represents a 5.5% increase from the previous year) effective
April 30, 2017; $146,328.74 base salary (which represents a 2.5% increase from
the previous year) effective the First day of the First pay period which includes
July 1, 2018; $149,986.94 base salary (which represents a 2.5% increase from
the previous year) effective the First day of the First pay period which includes
July 1, 2019; $154,486.55 base salary (which represents a 3% increase from the
previous year) effective the First day of the First pay period which includes July
1, 2020.
Page 2 of 3
Howze First Amendment to Employment Agreement
City of Rohnert Park
Page 3 of 3
4. GENERAL PROVISIONS
A. This First Amendment consists of pages 1 through 3 inclusive and constitutes
the entire understanding and agreement of the parties and supersedes all negotiations or
previous agreements between the parties with respect to all or any part of the terms discussed in
this First Amendment.
B. Except as specifically modified herein, all remaining terms and obligations set
forth in the Amended Employment Agreement between the City of Rohnert Park and Employee
shall remain in full force and effect.
APPROVED AS TO FORM:
By:
Attest:
By: _—
Michelle Marchetta Kenyon
City Attorney
City Clerk
CITY OF ROHNERT PARK
By:
Darrin Jenkins,
City Manager
Dated:_
Per Reso. No. 2017- adopted.
EMPLOYEE
By:
Betsy Howze
Dated:
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