2012-009s:\legallour documentslordinances\121campbell salary approval.doc
ORDINANCE NO. 2� 12-�09
AN ORDINANCE APPROVING A SALARY 1NCREASE FOR GEORGE C. CAMPBELL
UNDER THE PERFORMANCE REVIEW PROVISION OF HIS EMPLOYMENT
AGREEMENT WITH THE CITY; AUTHORIZING THE EXPENDITURE OF FUNDS; AND
PROVIDING AN EFFECTIVE DATE,
WHEREAS, on October 5, 2010, the City Council approved an employment agreement
with George C. Campbell as City Manager by Ordinance No. 2010-250 (the "Agreement"); and
WHEREAS, the City Council Appointee Performance Review Committee and City
Council have completed the City Manager's annual review and the Committee has recommended
that the City Council approve a salary increase; 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 a salary increase in the amount of 2% of
the current base salary under Section 6 of the Agreement, or the average increase given all City
employees in the event the City Council implements a budgetary decrease of employee salaries,
to be effective as of October 1, 2011.
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 � day of ��ti�' , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B
APP ED A TO LEGAL FORM:
ATTITA BURGESS, CITY ATTORNEY
BY: ' � � �.., � a
STATE OF TEXAS
COUNTY OF DENTON
Employment Agreement
This Employment Agreem.ent (this "Agreement") is made and entered into this lst 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 Sfh 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: (l ) secure and retain the services of the Employee and
to provide inducement for him to remain in such employment; (2j malce passible full worlc
productivity by assuring the Employee's morale and peace of mind with respect to future
security; and (3) act as a deterrent against m.al�easance or dishonesty for personal gain on the part
of the Exn.ployee; and
Whereas, the Employee des�res to continue employment as City Manager of said City of Denton,
Texas as a Counci] appointee; and
Whexeas the Parties acicnowledge that the Employee is a xnember of the International
City/County Maxxagement Association (ICMA) and that t.kze Employee is subject to the ICMA
Code of Ethics;
Now, therefore, in consideration of the mutual covenants herein contained, the Parties agree as
fallows:
SECTION 1. DEFINITIONS
In this Agreement, ihe following words and phrases shall have the following meanings:
C� means the City of Denion, Texas.
Commencement Date means October 1, 241Q.
Extended Term means any one-year_ time period, or auy part thereof, during wluch this
Agreement remains in fixll foxce and effect as a result of any automatic renewal of the texzx�s of
this Agreement.
PAGE 1 OF 7
Initial Term rneans the five-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. ofthis Agreement.
Salary means the monetaxy 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 Coznpensation means the combined sum of the Employee's Salary and the monetary value
of all 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 fiinctions and duties specified by the Denton Home Rule City
Charter (the "City Charter"), the Code of the Ciiy of Denton, Texas (the "City Code"), the laws
of the State of Texas, and all other applicable laws, and to perform other legally permissible an.d
proper duties and functions as the Employer shall from iime to tame assign,
SECTION 3. TERM
A. The Initial Term of this Agreement is five years begimsing on the l st day of October 2010
and ending on the 30th day of Septernber 2015.
B. Unless the Council—at Ieast 30 days before the expiration of the Initial Term—gives the
Employee written notice of non-renewal, the terms of this Agreernent shall automaiically
xenew for one Extended Term. Unless the Council—at least 30 days befo;re the expiration
of an Extended Term once commenced—gives the Employee written notice of
nonrenewal, the ternas of this Agreement sha11 automatically renew for an additional
Extended Term.
C, This Agreement may be terminated before the expiration of the Initial Term or befoxe the
expiration of any subsequent Extended Term by the Employer or the Employee undex any
applicable provision of this Agreement, If the Employer terminates this Agreement, it
must do so either by: (1) following the procedures set forih in Section 4 of this
Agreement; or (2) providing a notice of non-xenewal 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 Ernployee 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 o#' the Council, unless Employee xequesis 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 tkie 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 ar reinstatement. This
Agreement shall be deem.ed to terminate on the effective date of a final resolution of removal.
SECTION 5. SEPARATION AND SEVER.ANCE PAY
A. Upon Involuntary Separation occwrring during the Initial Term, the Employee shall be
entitled to a lump sum severance payment equal to a fitll 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 5.C. of this Agreement, in which case the Employer shall not be obligated to pay
axzd 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 tk�is 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 Emplayee's separation from eznployment is due
to tbe Employee having been convicted of any felony offense or any non-felony o£fense
involving: (1) moral turpitude; or (2) an illegal act(s) resulting in personal gai.n to the
Employee.
D. "Involuz�tary 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
Tnitial Terna as set forth in Section 3.B. of t1�is Agreement; or (3) the Employee's
resignation upon the Council's reduction or threatened reduction in the Employee's
Salary or other finan.czal 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 arzy severance pay due and owing under this Agreement
shall be based on the amount of the Exnployee's Total Compensation immediately befoxe
any such reduction.
PAGE 3 OF 7
SECTION 6. SALARY
A. For the servzces rendered as the Employex's City Manager, the Employex agrees to pay
Employee aa� 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,
retiremen.t 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 Cou.ncil appointees of' the
City. However, the Employee may elect to not participate in the Employer's health
insurance plan, in wbich case the Employee will be entitled to an additional su.m of up to
$8,000 annually, which witll be paid in installrnents 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 detez�mine within the approved budget that it is
desirable to do so on. the basis of an annual perfoxmance review of the Employee made at
the same time as similar consideration is given othex Council appointees.
SECTION 7. PERFORMANCE EVALUATTON
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 speciiic 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 detez�mine necessary for the proper operation of the City of Denton, Texas,
and in the attainn�ent of the Council's policy obj ectives and shall further establish a
relative priority among those various goals and objectives.
SECTION 8. HOURS OF WORK
It is recognized by both Exnployer and Employee that the duties of City Maz�.ager require a great
deal of tune outside of normal office hours. It is also recognized by the Parties that Employee is
requ�red to devote the amount of tzme and energy necessary to carry out those duties with the
highest amount of professionalism possible. That being the case, ihe Parties recognize that
Employee may choose to talce personal time off during business hours when it is appropriate az�.d
when the Employee's duties a11ow. A.lthough 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 fulf ll t}aose 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 em.ployed under this Agreement, the Employee agrees to remain in the exclusive employ
of the City and neither to accept other employm.ent nor to become employed by any other
employer. Employee is entiiled to devote whatevex amount of time the Employea feels is
appropriate under the circurnstances to the pursuit of teaching, counseling, consuliing, writing or
other non-emgloyer connected business outside of normal business hol�rs of the Employer,
pxovided that this does not conflict ar interfere with the Employee's duties as City Manager, and
pxovided that Employee f xst notifies ihe Council Appointee Pexfoxmance Review Committee
that the Employee intends to engage in such aciivity 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
velucle 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 tlie pu�rchase
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 reunburse
Employee for mileage for out-of-eounty travel associated with City business at fihe current IRS
rate for mileage reimbursement in accordance with the then current City Travel Reimbursement
Policy for City employees with car allowanees.
SECTION 11. RETIREMENT
A. Employer agrees to execute all necessary agreements provided by the International
City/Couniy 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 Employea'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 Exnployee to contribute
whatever portion of the Employee's Salary the Employee deems appropriate to said pla.�,
including "catch-up" provisions,
B, Employer agrees to pay the
TMRS retirement program,
executive-level employees.
percentage of the cost of Employee's participation in the
in accordance with Employer's current policy for other
C. If the Employee retires pursuant to a qualified retirement plan, or is permanently disabled
c�uring the term of this Agreement, the Employee shall be compensated for the sick leave,
vacation leave, holidays, and other benefits then accxued or credited to the Ernployee 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
znsurance 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 da so, at the cost of ihe Eznployee.
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 fii11 participation in national, regional,
state and local associations and organizations necessary and desixable 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. PRO�ESSIONAL DEVELOPMENT
Employer hereby agrees to budget for and to pay the fu11 travel, participation, and subsistence
expenses of Employee for professional and official travel, meetings and occasions adequate to
contiriue the professional development of Employee, and to adequately pursue necessary official
and othex functions for Employer, including but not limited to the Annual Conference of
International City/Cotuity Management Association, any Texas Association of City Management
meetings, and other such national, regional, state aud local groups and committees thereof which
E�mployee serves as a member in the amounts approved by the Council in the annual budget for
the City Manager — Administration,
SECTION 14. BONDING
Eznployer shall bear the full cost of any fidelity or other bonds that may be required of the
Employee under any law or ordinance.
SECTION I5. OTHER TERMS AND CONDITIONS OF EMPLOYMENT
A. The Council, upon recommendation of the Council Appointee Performance Revzew
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 conclitions are not inconsistent with
or in conflzct 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, retixement and pension system
contributions, holiday, and other fringe benefits and worki�g condit�ons as they now exist
or hereafter may be amended, also shall apply to Employee as they would to othex
ernployees of the Employer in addition to said benefits enumerated speciiically for the
benefit flf Employee.
SECTION 16. GENERAL PROVISIONS
A. The text herein sk�all constitute the entire agreement between the Parties, and shall
supersede and replace any previous agxeeznent(s) between the Parties regarding the
subject matter of this Agreement.
PAGE6OF7
B. This Agreenr�ent sl�all be binding upon and inure to the benefit af the heirs at law and
executors of Exziployee.
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
tllereof, shall 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 a11 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. EFFECTNE DATE
This Agreement shall take effect on Octobex 1, 2410.
TN 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/- ;
! ;�, ' ,
�rt� � "�:• `'"`"
� ,`.��,:
MARK A. BURROU�'H , MA.YOR
ATTEST:
�
�II �. I,►� � � .� � _ _,i
�i1 . !�� . : . .
,
�- —
GEORGE C. CAMPBELL
CITY MANAGER
PAGE 7 OF 7