2017/05/23 City Council Resolution 2017-068RESOLUTION NO. 2017-068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE SECOND AMENDMENT TO THE 2014 EMPLOYMENT
AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND BRIAN
MASTERSON FOR PUBLIC SAFETY DIRECTOR SERVICES
WHEREAS, on April 1, 2014, City entered into the 2014 Employment Agreement with
Brian Masterson ("Employment Agreement") to retain his services as the Public Safety Director;
WHEREAS, on March 28, 2017 the City entered into a First Amendment to the
Employment Agreement with Brian Masterson to modify the term of the Employment
Agreement;
WHEREAS, the City and Brian Masterson desire to further amend the Employment
Agreement to modify the terms and conditions of Brian Masterson's employment as Public
Safety Director;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Rohnert Park hereby approves the Second Amendment to Employment Agreement between the
City of Rohnert Park and Brian Masterson for Public Safety 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 23rd day of May, 2017.
CITY OF RO ERT PARK f
Jake ackenxi , Mayor
ATTEST: J
I Ln�— Y� ", " -
Anne M. Buergler, City Clerk
Attachment: Exhibit A
AHANOTLI: BELFORTE; e CALLINAN:`"� STAFFORD: MACKENZIE-=moi
AYES: ( 5 ) NOES: ( O ) ABSENT: ( ®) ABSTAIN: ( 0)
EXHIBIT A
SECOND AMENDMENT TO
2014 EMPLOYMENT AGREEMENT
Between
CITY OF ROHNERT PARK AND BRAIN MASTERSON
1. PARTIES AND EFFECTIVE DATE
The parties to this Second Amendment to 2014 Employment Agreement ("Second
Amendment") are the City of Rohnert Park ("City") and Brain Masterson ("Employee"). The
effective date of this Second Amendment shall be April 30, 2017.
2. PURPOSE
The parties have previously entered into a 2014 Employment Agreement between City
of Rohnert Park and Brain Masterson ("Employment Agreement") effective as of April 1, 2014.
On March 28, 2017 the City Council approved a First Amendment to the 2014 Employment
Agreement. The 2014 Employment Agreement as amended by the First Amendment to the
Employment Agreement shall be referred to as the "Amended Employment Agreement." The
City and Employee hereby desire to amend the Amended Employment Agreement as set forth
below.
3. AMENDMENT SECTION 3
(a) Section 3(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
six (6) months of his base monthly compensation. All payments
required under this Section 3(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).
Masterson Second Amendment to Employment Agreement
City of Rohnert Park
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(b) The following shall be added as Section 3(e) to the Amended Employment
Agreement:
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 his 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 SECTION 4
(a) Section 4.A (1) (a) of the Amended Employment Agreement is deleted in its entirety
and the remaining sections are re -numbered.
(b) Section 4.A (1) (b) of the Amended Agreement is hereby modified in its entirety to
read as follows:
4. COMPENSATION
(a) Employee shall be entitled to the following salary adjustments: $180,781.61
base salary (which represents a 5.5% increase from the previous year) effective
April 30, 2017; $185,301.15 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; $189,933.68 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; $195,631.69 base salary (which represents a 3.0% increase from
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Masterson Second Amendment to Employment Agreement
City of Rohnert Park
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the previous year) effective the first day of the first pay period which includes
July 1, 2020.
(c) The following shall be added as Section 4(i) to the Amended Employment
Agreement:
(i) The City will provide a Uniform Maintenance Allowance of $1,080 per calendar
year. The Uniform Maintenance Allowance shall be paid monthly, and the City
will comply with Ca1PERS' requirements for reporting these allowances. Under
current CaIPERS regulations, uniform allowances are to be reported to Ca1PERS
only for Classic members. The uniform maintenance allowances shall be
prorated for the 2017 calendar year to reflect the effective date of the increase to
the allowance provided by this section.
5. GENERAL PROVISIONS
A. This Second Amendment consists of pages 1 through 4 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 Second 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.
CITY OF ROHNERT PARK
By:
Jake Mackenzie, Mayor
Dated:
Per Reso. No. 2017- adopted
EMPLOYEE
By:
Brain Masterson
Dated:
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Masterson Second Amendment to Employment Agreement
City of Rohnert Park
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APPROVED AS TO FORM:
Attest:
im
Michelle Marchetta Kenyon
City Attorney
City Clerk
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