HomeMy WebLinkAboutContracts & Agreements_128-2000_CCv0001.pdf EMPLOYMENT AGREEMENT
THIS AGREEMENT is entered into between the City of Redlands (hereinafter referred to
as the "City" or the "City Council") and John Davidson (hereinafter referred to as the "City
Manager") who mutually agree and promise as follows:
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The City hereby appoints Employee as City Manager, commencing on December 11,
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')000and cont* ' -for an indefinite period of time or until terminated pursuant to Section 7,below.
continuing
2. So
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Employee's annual salary shall be One Hundred Fifteen Thousand($115,000)dollars.
3. Duties.
The City Manager 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 suchpowers and
duties which are delegated to him, from time to time,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 Redlands
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Redevelopment Agency. As such,the City Manager shall have the responsibility for implementing
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City Council and Redevelopment Agency Board policy, whereas the City Council and the
Redevelopment Agency Board shall retain the responsibility for formulating and adopting the 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 responsibility for all personnel matters, including selection, assignment and
transfer of employees in accordance with the Personnel Rules of the City. City Councilmembers,
individually and collectively, will promptly refer all criticisms, complaints and suggestions called
to their attention by City staff to the City Manager for study and recommendation. The Cltv
Manager shall promptly review such matters and report back to the Council within a reasonable
period of time and in accordance with the City's Personnel Rules. The City Manager shall consult
with Councilmembers, individually or collectively, on any personnel matter when requested to do
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so by one or more Councilmembers, subject to the requirements of the Ralph M. Brown Act,
Government Code Section 54950, et M,
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 City Council; (2) periodically evaluate
employees as provided for by California law and City policy;(3)advise the City 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
community relations program; and (6) serve as liaison between the City Council and as its
designated representative with respect to all employer-employee matters, and make
recommendations to the City Council concerning those matters. Notwithstanding that a designee
of the City Manager may perform these duties, the City Manager shall be the person ultimately
responsible to the City Council for the proper implementation of the duties and responsibilities
described herein.
7. Termination.
The City Manager 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 for 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 City Manager at its sole discretion. 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.
A. Termination.
In the event the City Manager is terminated by the City at a time when the City
Manager is willing and able to perform his duties under this Agreement, the City Council agrees to
provide the City Manager notice in writing six (6)months prior to the date this Agreement and the
employment of the City Manager are to be terminated. In the alternative,the City may immediately
terminate the City Manager from his employment with the City by providing him with notice and,
except as otherwise provided in Subsection B, below, by providing the City Manager with six (6)
months salary and six (6) months continuation of health benefits (collectively"Severance Pay") in
lieu of the above described notice.
B. Termination for Cause.
In the event that it is determined that the City Manager has been terminated for cause,
the City Manager shall not be entitled to any Severance Pay. "Cause" includes, but is not limited
to, the City Manager being convicted of a felony or for a crime involving moral turpitude. Such
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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 City Manager's receipt of the notice of termination and shall render a decision 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 City Manager was terminated for reasons
other than.for cause,the City Manager 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 the City Manager 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 City Manager resigns
from his employment with the City, the City Manager shall not be entitled to any Severance Pay.
8. FringL Benefits.
City shall pay to,or on behalf of,the City Manager for fringe benefits an amount which
is proportionate to those provided to members of the City's management group(RAMS);provided,
however,with regard to the City's deferred compensation plan, City shall pay annually to the City
Manager the maximum amount that the City Manager is entitled,by law, to contribute to the plan
during that year. In addition, the City Manager shall receive the same PERS benefit provided to
non-sworn members of the City's management group (RAMS). 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. Employee shall have the option to convert one hundred
hours of accrued vacation of the City Manager to cash, annually. Employee shall also have the
option to convert up to ninety-six.(96)hours accrued sick leave less any sick leave hours used during
the year, to cash annually.
9. Transportation.
City shall provide the City Manager with a City vehicle to be used in the performance
of his duties and for commuting between his residence and the City. The City shall be responsible
for repair and maintenance of the vehicle and shall pay for all costs associated with its operation,
including but not limited to, fuel, insurance and fees.
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10. Community Service Organization. City shall pay the City Manager's annual dues for
the City Manager's participation in a community service organization of the City Manager's choice.
11. 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 traveling on
business pertaining to the City under direction of the City Council upon submission of adequate
records and other documentary evidence verifying such expenditures.
12. Annual Leave.
Upon execution of this Agreement,City will immediately credit the City Manager with
eighty(80)hours of accrued vacation time. In addition,the City's policies pertaining to the accrual
and use of leave for the City's management group shall likewise apply to the City Manager.
13. Professional Development.
The City recognizes the desirability of the City Manager's representation of the City
in and before local civic and professional organizations,including,but not limited to,the League of
California Cities' Annual Conference and its City Manager Development Conference. The City
Manager is authorized to become a member of such organization for which the City shall pay all
membership and reasonable expenses upon presentation of written documentation of the same.
14. Tenn Life Insurance..
During the term of this Agreement, the City shall obtain term life insurance for the
benefit of the City Manager in the amount of twice his annual salary.
15. 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 the City Manager by the City and
contains all of the covenants and agreement between the parties with respect to the employment of
the City Manager by the City.
B. Each par-ties to this Agreement agrees that no representations, inducements,
promises or agreements, verbally 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 City Manager and the City.
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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 full force
and effect without being impaired or invalidated in any way.
IN WITNESS WHEREOF, the parties have executed this Agreement on the2lstday
of November,2000.
ATTEST:
Pat Gilbreath, Mayor
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4ohn atson, ity Manager
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