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HomeMy WebLinkAboutContracts & Agreements_42-1993_CCv0001.pdf EMPLOYMENT AGREEMENT MS AGREEMENT is entered into between the City Council of and on behalf of the City of Redlands (hereinafter referred to as the "City" or the "City Council") and Gary M. Luebbers (hereinafter referred to as the "City Manager" or the "Employee"). The above named parties hereby mutually agree and promise as follows: 1. TERM. The City hereby appoints Employee as City Manager, commencing on September 7, 1993 and continuing for an indefinite period of time or until terminated pursuant to Section 9, below. 2. SALARY. Employee's annual salary shall be $92,000. 3. DUTIES. Employee shall perform the duties and exercise the powers of City Manager as prescribed by Sections 2.04.180, 2.04.190 and 2.04.200 of the Redlands Municipal Code. In addition to the powers and duties set forth in the Code, the City Manager shall have such powers and duties which are delegated to him by the City Council. The City Manager shall execute all powers and duties in accordance with the policies adopted by the City Council and the State of California Government Code. 4. CITY MANAGER AND COUNCIL RESPONSIBILITIES. The City Manager shall be the administrative head of the City and the 1a7 e sponsibiliVy for Redevelopment Agency. As such, the City Mianagen shall have 4L-h%, I implementing City Council policy, whereas the City Council shall retain the responsibility for formulating and adopting said policy. 5. PERSONNEL MATTERS. The City Manager shall have the additional responsibility of organizing, reorganizing and arranging the staff of the City in such a way that in his judgment best serves the City. The City Manager shall have such responsibility in all personnel matters, BLWI87481 including selection, assignment and transfer of employees in accordance with the Personnel Rules of the City. City Council Members, individually and collectively, will promptly refer all criticisms, complaints and suggestions called to their attention to the City Manager for study and recommendation. The City Manager shall promptly review such matters and report back to the Council within a reasonable period of time. The City Manager shall consult with Council Members, individually or collectively, on any personnel matter when requested to do so by one or more Council Members, subject to the requirements of the Ralph M. Brown Act, Government Code Section 54950, et seq. 6. OTHER DUTIES. The City Manager (or his designee) shall: (1) review all policies proposed to the City Council and make appropriate recommendations to the Council; (2) periodically evaluate employees as provided for by California law and City policy; (3) advise the Council of possible sources of funds that might be available to implement present or contemplated City programs or services; (4) maintain and improve his professional competence by available means, including subscription to and reading of appropriate periodicals, and joining and participating in appropriate professional associations and their activities; (5) establish and maintain an appropriate community relations program; and(6)serve as liaison between the Council and as its designated representative with respect to all employer- employee matters, and make recommendations to the Council concerning those matters. Notwithstanding that a designee of the City Manager may perform said duties, the City Manager shall be the person ultimately responsible to the Council for the proper implementation of the duties and responsibilities described herein. 7. OUTSIDE PROFESSIONAL ACTI"TIES. Employee, with prior approval of the City Council, may undertake outside professional activities for compensation, including consulting, teaching, training, speaking and writing provided they do not interfere with Employee's normal duties and are done only during vacation or holiday time of Employee and are not done with any existing vendors or contractors of the City. Under no circumstances shall such outside activities be allowed to create a conflict of interest with the duties of the City Manager and the interests of the City. 8. EVALUATION. Employee shall meet with the City Council in closed session on an annual basis to review the Employee's performance and to discuss the City Council's evaluation of said performance. 9. TERMINATI-0 BLW187481 -2 Except as otherwise provided herein, termination of this Agreement shall be in accordance with Sections 2.04.140, 2.04.150, 2.04.160 and 2.04.170 of the Redlands Municipal Code. The employee shall serve at the will and pleasure of the City Council and may be removed from office (terminated) at any time for any reason or no reason upon a majority vote of the City Council. Nothing in this Agreement shall prevent the City Council from terminating this Agreement and the services of the Employee at its sole discretion. A. TERMINATION In the event Employee is terminated by the City during the term of this Agreement,during which time Employee is willing and able to perform his duties under this Agreement, the City Council agrees to provide Employee notice in writing three (3) months prior to the date this Agreement and the eniplopment of the Employee are to be terrain at ed. In the alternative, the City may immediately release the City Manager from his employment with the City by providing the him with notice and, except as otherwise provided at Subsection B, below, by providing the Employee with three (3) months salary and continuation of health benefits (collectively "Severance Pay") in lieu of the above described notice. The above described Severance Pay is in express consideration for the Employee's waiver, which is acknowledged by his signature to this Agreement, of his rights to reasons for his removal and a hearing as set forth in the above-referenced Municipal Code sections and at Subsection B, below. The Employee further expressly agrees that the severance pay and other benefits provided for in this Agreement shall be the Employee's sole and exclusive remedy in the event of the Employee's involuntary termination, without cause, and that the Employee hereby waives, as acknowledged by his signature to this Agreement, any and all rights, claims, demands or actions of any kind which the Employee might otherwise bring against the City, the City Council, City employees and/or its agents in connection with the employment of the Employee and the termination thereof. B. TERMINATION FOR CAUSE In the event that it is determined that the Employee has been terminated for cause, the Employee shall not be entitled to any Severance Pay. Such determination shall be made following the hearing, if requested, pursuant to Section 2.04.150 of the Redlands Municipal Code, except that the hearing shall be before a neutral hearing officer selected from a list supplied by the State Mediation and Conciliation Service and the issue at the hearing shall be limited solely to whether or not there is sufficient evidence to support a finding of termination for cause. Any hearing officer selected must be able to and shall hear the matter within thirty days of the Employee's receipt of the notice of termination and shall render a decision BLW187481 3 within fifteen days of the close of the hearing. Following the hearing, the hearing officer shall submit his/her findings and decision to the City Council, which shall be final and binding as to the issue of whether the termination was for cause. Should the hearing officer determine that the Employee was terminated for reasons other than for cause, the Employee shall be entitled to receive Severance Pay commencing from the date of termination specified in the final action of the City Council. C. RESIGNATION If Employee desires to resign his position, he will provide the City Council with at least forty-five (45) calendar day's notice, in writing. In the event that the Employee resigns from his employment with the City, the Employee shall not be entitled to any Sever- ance Pay. 10. FRINGE BENEFITS. City shall pay to or on behalf of Employee for Fringe Benefits an amount which is proportionate to those provided to members of the City's management group. In addition, Employee shall receive the same PERS benefit provided to non-sworn members of the City's management group. These amounts shall be adjusted proportionately, based on any adjustment in City contributions to these Fringe Benefits given to members of the City's management group. 11. TRANSPORTATION. City shall provide Employee with a City vehicle to be used in the performance of his duties. City shall also equip said vehicle with and maintain a cellular telephone in said vehicle for Employee's use in the performance of his duties. 12. REIMBURSEMENT FOR EXPENSES, The City Manager shall be reimbursed on a monthly basis for all reasonable sums necessarily incurred or paid by him in the performance of his duties or incurred when travelling on business pertaining to the City under direction of the City Council upon submission of adequate records and other documentary evidence verifying such expenditures. BLW187481 -4 13. ANNUAL LEAVE The City's policies pertaining to the accrual and use of leave for the City's management group shall likewise apply to Employee. 14. GENERAL PROVISIONS. A. This Agreement supersedes any and all other agreements, either oral or written, between the parties hereto with respect to the employment of Employee by the City and contains all of the covenants and agreements between the parties with respect to the employment of Employee by the City. B. Each party agrees and acknowledges that no representations, inducements,promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein and that any agreement, statement, or promise not contained in this Agreement shall not be valid or binding on either party. C. Any modifications of this Agreement will be effective only if made in writing and signed by both the Employee and the City. D. If any provision of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in fall force and effect without being impaired or invalidated in any way. IN WITNESS WHEREOF, the parties have executed this Agreement on the _List day of October, 1993. A —Charlec,/Di ' May of the City of ands Gary M. gibbers,-City Manager BLW187481