2010-250FILE REFERENCE FORM 2010-250
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records
Act
Other
FILE(S) Date Initials
First Amendment to Employment Agreement -
Ordinance No. 2015-144 05/05/15 J R
S:1Legal\Our pocumentsl0rdinancesll0lCampbel( 2010 Ord.doc
ORDINANCE NO. 2010-250
AN ORDINANCE APPROVING AN EMPLOYMENT AGREEMENT FOR THE CITY
MANAGER AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
SETTING THE COMPENSATION AND TERMS OF THAT EMPLOYMENT;
AUTHORIZING EXPENDITURES AND ACTIONS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on September 19, 2006, the City Council approved an employment
agreement with George C. Campbell as City Manager by Ordinance No. 2006-256, which
agreement was amended effective May 1, 2007 pursuant to Ordinance No. 2007-126 (the
"Agreement"); and
WHEREAS, the City Council desires to continue the employment of George Campbell as
City Manager for the City of Denton; and
WHEREAS, the City Council finds that this Ordinance is in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals and findings contained in the preamble of this Ordinance are
incorporated into the body of this Ordinance.
SECTION 2. The City Council hereby approves an Employment Agreement for the City
Manager and authorizes the Mayor, or his designee to execute the Agreement on behalf of the
City.
SECTION 3. The City expenditures provided for in the Agreement are hereby authorized.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval. �
PASSED AND APPROVED this the J' day of �� , 2010.
; �� �
� , � � �. /�,,;
`� ,, �`� �.-��� �.-.. _._� i
� /l
MARK A. BURROUGI�S,.�AYOR
�_
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP VED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
r
BY: �„ � �
STATE OF TEXAS
COUNTY OF DENTON
Employment Agreement
This Employment Agreement (this "Agreement") is made and entered into this 1 st day of
October 2010 by and between the City of Denton, Texas, a Texas municipal corporation (the
"Employer") and George C. Campbell (the "Employee"), with the Employer and the Employee
sometimes being referenced collectively in this Agreement as the "Parties."
Witnesseth:
Whereas, the City Council of the City of Denton (the "Council") and the Employee desire to
amend that certain written Employment Agreement dated the St" day of June, 2007, as amended,
to continue the employment services of the Employee as City Manager of the City of Denton;
and
Whereas, it is the desire of the Council to: (1) secure and retain the services of the Employee and
to provide inducement for him to remain in such employment; (2) malce possible full work
productivity by assuring the Employee's morale and peace of mind with respect to future
security; and (3) act as a deterrent against malfeasance or dishonesty for personal gain on the part
of the Employee; and
Whereas, the Employee desires to continue employment as City Manager of said City of Denton,
Texas as a Council appointee; and
Whereas the Parties acicnowledge that the Employee is a member of the International
City/County Management Association (ICMA) and that the Employee is subject to the ICMA
Code of Ethics;
Now, therefore, in consideration of the mutual covenants herein contained, the Parties agree as
follows:
SECTION 1. DEFINITIONS
In this Agreement, the following words and phrases shall have the following meanings:
Citv means the City of Denton, Texas.
Commencement Date means October 1, 2010.
Extended Term means any one-year time period, or any part thereof, during which this
Agreement remains in full force and effect as a result of any automatic renewal of the terms of
this Agreement.
PAGE 1 OF 7
Initial Term means the iive-year time period beginning on the Commencement Date and ending
on September 30, 2015, during which this Agreement shall be in full force and effect if not
earlier terminated in accordance with the provisions of this Agreement.
Involuntary Separation has the meaning assigned in Section S,D. of this Agreement.
Salary means the monetary amount stated in Section 6,A. of this Agreement that the Employee is
entitled to as an annual base salary—or, if no longer current, then the monetary amount that the
Employee is currently entitled to as an annual base salary as approved by the Council—and does
not include the value of any other benefit of employment or other amount.
Termination Date means the date upon which this Agreement terminates under any applicable
provision of this Agreement,
Total Compensation means the combined sum of the Employee's Salary and the monetary value
of a11 other benefits that the Employee is entitled to under this Agreement and otherwise as an
Employee of Employer.
SECTION 2. DUTIES
The Employer hereby continues to engage the employment services of the Employee as City
Manager of the City to perform the functions and duties specified by the Denton Home Rule City
Charter (the "City Charter"), the Code of the City of Denton, Texas (the "City Code"), the laws
of the State of Texas, and all other applicable laws, and to perform other legally permissible and
proper duties and functions as the Employer shall from time to time assign.
SECTION 3. TERM
A. The Initial Term of this Agreement is five years beginning on the l st day of October 2010
and ending on the 30th day of September 2015.
B. Unless the Council—at least 30 days before the expiration of the Initial Term—gives the
Employee written notice of non-renewal, the terms of this Agreement shall automatically
renew for one Extended Term. Unless the Council—at least 30 days before the expiration
of an Extended Term once commenced—gives the Employee written notice of
nonrenewal, the terms of this Agreement shall automatically renew for an additional
Extended Term,
C. This Agreement may be terminated before the expiration of the Initial Term or before the
expiration of any subsequent Extended Term by the Employer or the Employee under any
applicable provision of this Agreement, If the Employer terminates this Agreement, it
must do so either by: (1) following the procedures set forth in Section 4 of this
Agreement; or (2) providing a notice of non-renewal in accordance with Section 3.B. of
this Agreement. The Employee may terminate this Agreement by providing at least 30
days written notice to the Employer before the date designated by the Employee for
termination.
PAGE 2 OF 7
SECTION 4. INVOLUNTARY SUSPENSION/REMOVAL
The Employer may suspend or remove the Employee but only if at least 30 days before the
suspension or removal shall become effective, the Council shall by a majority vote of its
members adopt a preliminary resolution stating the reasons for removal. Employee may reply in
writing and may require a hearing at a public meeting of the Council, which shall be held not
earlier than 20 days and not later than 30 days after the filing of such request. The hearing may
be held in executive session, at the option of the Council, unless Employee requests the hearing
be held in open session in accordance with Tex. Gov't Code §551.074. Pending such hearing, the
Council may suspend Employee from duty, but may not suspend or reduce the Employee's
Salary. After such hearing or public hearing, if one be requested, and after full consideration, the
Council by majority vote may adopt a final resolution of removal or reinstatement. This
Agreement shall be deemed to terminate on the effective date of a final resolution of removal.
SECTION 5. SEPARATION AND SEVERANCE PAY
A. Upon Involuntary Separation occurring during the Initial Term, the Employee shall be
entitled to a lump sum severance payment equal to a full year of the Employee's Total
Compensation.
B. Provided that the Employee remains at all times employed as Employer's City Manager
for the entire Initial Term of this Agreement, the Employee shall thereafter be entitled to
receive a full year of the Employee's Total Compensation upon Involuntary Separation,
except in the event such Involuntary Separation is due to any of the reasons set forth in
Section S.C. of this Agreement, in which case the Employer shall not be obligated to pay
and the Employee shall not be entitled to receive any amount as severance payment.
C. Notwithstanding Section S.A., Section S.B., or any other provision of this Agreement, the
Employer shall not be obligated to pay and the Employee shall not be entitled to receive
any amount as severance payment if the Employee's separation from employment is due
to the Employee having been convicted of any felony offense or any non-felony offense
involving: (1) maral turpitude; or (2) an illegal act(s) resulting in personal gain to the
Employee.
D. "Involuntary Separation" means the Employee's: (1) removal by the Council under
Section 4 of this Agreement; (2) separation by the Council's act of non-renewal of the
Initial Term as set forth in Section 3.B. of this Agreement; or (3) the Employee's
resignation upon the Council's reduction or threatened reduction in the Employee's
Salary or other financial benefits in a greater percentage than a coinciding across-the-
board reduction for all City employees. If Employee resigns upon such a reduction, the
calculation of the amount of any severance pay due and owing under this Agreement
shall be based on the amount of the Employee's Total Compensation immediately before
any such reduction.
PAGE 3 OF 7
SECTION 6. SALARY
A. For the services rendered as the Employer's City Manager, the Employer agrees to pay
Employee an annual base salary of $222,560 payable in installments at the same time as
other employees of the Employer are paid. All provisions of the City Charter, City Code,
and Council-adopted Rules and Regulations relating to the vacation and sicic leave,
retirement and pension system contribution, holidays, and other fringe benefits and
worlcing conditions as they now exist or hereafter may be amended, shall apply to
Employee as they would to other employees of the City, which benefits include health
insurance, long-term disability insurance, retirement under the Texas Municipal
Retirement System, and other benefits as provided to other Council appointees of the
City, However, the Employee may elect to not participate in the Employer's health
insurance plan, in which case the Employee will be entitled to an additional sum of up to
$8,000 annually, which will be paid in installments at the time the Employee's Salary is
paid.
B. In addition, Employer agrees to increase the Employee's Salary and/or other employment
benefits to such extent as the Council may determine within the approved budget that it is
desirable to do so on the basis of an annual performance review of the Employee made at
the same time as similar consideration is given other Council appointees.
SECTION 7. PERFORMANCE EVALUATION
A. The Council shall review and evaluate the performance of the Employee at least once
annually during the time set aside each year for the performance review of other Council
appointees. Said review and evaluation shall be in accordance with specific criteria
developed jointly by Employee and Employer. Said criteria may be added to or deleted
from as the Council and Employee shall agree.
B. Annually, the Council and Employee shall define such goals and performance objectives
which they determine necessary for the proper operation of the City of Denton, Texas,
and in the attainment of the Council's policy objectives and shall further establish a
relative priority among those various goals and objectives.
SECTION 8. HOURS OF WORK
It is recognized by both Employer and Employee that the duties of City Manager require a great
deal of time outside of normal office hours. It is also recognized by the Parties that Employee is
required to devote the amount of time and energy necessary to carry out those duties with the
highest amount of professionalism possible. That being the case, the Parties recognize that
Employee may choose to talce personal time off during business hours when it is appropriate and
when the Employee's duties a11ow, Although this personal time off is not considered vacation,
neither is it to be considered as compensatory time for time spent by Employee in carrying out
the Employee's duties outside of normal office hours, as the Parties agree that the Employee
must devote the amount of time necessary to fulfill those duties. The Council will consider the
Employee's use of personal time off during the performance evaluation.
PAGE 4 OF 7
SECTION 9. OUTSIDE EMPLOYMENT/ACTIVITIES
While employed under this Agreement, the Employee agrees to remain in the exclusive employ
of the City and neither to accept other employment nor to become employed by any other
employer. Employee is entitled to devote whatever amount of time the Employee feels is
appropriate under the circumstances to the pursuit of teaching, counseling, consulting, writing or
other non-employer connected business outside of normal business hours of the Employer,
provided that this does not conflict or interfere with the Employee's duties as City Manager, and
provided that Employee first notifies the Council Appointee Performance Review Committee
that the Employee intends to engage in such activity and same is approved by the Chair of the
Committee.
SECTION 10. AUTOMOBILE
The Employee is required to be on call for 24-hour service, so therefore, must have access to a
vehicle for City business. Employer shall grant to the Employee a car allowance of $1,200 per
month for providing such vehicle, The Employee shall be responsible for the purchase
maintenance, insurance, taxes, etc. for said vehicle. The monthly allowance will be considered
for increase during the performance evaluation process. The Employer also agrees to reimburse
Employee for mileage for out-of-county travel associated with City business at the current IRS
rate for mileage reimbursement in accordance with the then current City Travel Reimbursement
Policy for City employees with car allowances.
SECTION 11. RETIREMENT
A. Employer agrees to execute all necessary agreements provided by the International
City/County Management Association — Retirement Corporation (ICMA-RC) for
Employee's participation in said ICMA-RC retirement plans. Employer further agrees to
contribute a total of 10% of Employee's Salary to ICMA-RC's 457, 401A plans, and/or
another approved deferred compensation plan. All sums contributed to said plans shall be
in addition to Employee's Salary. Employer also agrees to allow Employee to contribute
whatever portion of the Employee's Salary the Employee deems appropriate to said plan,
including "catch-up" provisions.
B, Employer agrees to pay the percentage of the cost of Employee's participation in the
TMRS retirement program, in accordance with Employer's current policy for other
executive-level employees.
C. If the Employee retires pursuant to a qualified retirement plan, or is permanently disabled
during the term of this Agreement, the Employee shall be compensated for the sick leave,
vacation leave, holidays, and other benefits then accrued or credited to the Employee in
accordance with Employer's current policies for compensation for these benefits, and, at
the Employee's option, shall be permitted to continue to participate in the City's health
insurance plan on the same basis as other retirees from the City are permitted to do so, or,
if such other retirees are not permitted to do so, at the cost of the Employee.
PAGE 5 OF 7
SECTION 12. DUES, MEMBERSHIPS AND SUBSCRIPTIONS
Employer agrees to budget and to pay for the professional dues, memberships and subscriptions
of Employee necessary for the Employee's continuation of full participation in national, regional,
state and local associations and organizations necessary and desirable for the Employee's
continued professional participation, growth and advancement as City Manager, and for the good
of the Employer in amounts that are approved by the Council in the annual budget for the
General Government.
SECTION 13. PROFESSIONAL DEVELOPMENT
Employer hereby agrees to budget for and to pay the full travel, participation, and subsistence
expenses of Employee for professional and official travel, meetings and occasions adequate to
continue the professional development of Employee, and to adequately pursue necessary official
and other functions for Employer, including but not limited to the Annual Conference of
International City/County Management Association, any Texas Association of City Management
meetings, and other such national, regional, state and local groups and committees thereof which
Employee serves as a member in the amounts approved by the Council in the annual budget for
the City Manager — Administration,
SECTION 14. BONDING
Employer shall bear the full cost of any fidelity or other bonds that may be required of the
Employee under any law or ordinance.
SECTION 15. OTHER TERMS AND CONDITIONS OF EMPLOYMENT
A. The Council, upon recommendation of the Council Appointee Performance Review
Committee and in consultation with the Employee, shall fix any such other terms and
conditions of employment as it may determine from time to time, relating to the
performance of Employee, provided such terms and conditions are not inconsistent with
or in conflict with the provisions of this Agreement, the City Charter or any other law,
and are memorialized by a written amendment to this Agreement.
B. All provisions of the City Charter and the City Code, and regulations and rules of the
Employer relating to vacation and sick leave, retirement and pension system
contributions, holiday, and other fringe benefits and working conditions as they now exist
or hereafter may be amended, also shall apply to Employee as they would to other
employees of the Employer in addition to said benefits enumerated specifically for the
benefit of Employee.
SECTION 16. GENERAL PROVISIONS
A. The text herein shall constitute the entire agreement between the Parties, and shall
supersede and replace any previous agreement(s) between the Parties regarding the
subject matter of this Agreement.
PAGE 6 OF 7
B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and
executors of Employee.
C. If any provision, or any portion, thereof, contained in this Agreement is held
unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion
thereof, sha11 be deemed several, sha11 not be affected and shall remain in force and
effect.
D. The venue of any litigation involving this Agreement shall be in a court of competent
jurisdiction sitting in Denton County, Texas.
SECTION 17. APPROPRIATIONS
The Employer agrees that it will appropriate, set aside and encumber funds of the City in an
amount sufficient to fund and pay all financial obligations of the City pursuant to this
Agreement, including, but not limited to the severance pay, Salary and benefits set forth and
described herein.
SECTION 18. EFFECTIVE DATE
This Agreement shall take effect on October 1, 2010.
IN WITNESS WHEREOF, the Mayor as duly authorized by the Council and on behalf of the
City of Denton, has signed and executed this Agreement and the Employee has signed and
executed this Agreement, both in duplicate, the day and year first above written.
OF DEN�'ON, TEXAS j
' �.
'` � t� -��� ��: `' `-
�-
MARK A� BURROU�'iH , MAYOR
ATTEST:
J IFER W TERS, CITY SECRETARY
�
GEORGE C. CAMPBELL
CITY MANAGER
PAGE7OF7