2013-071s:llegallour documentslordinances1131campbefl salary approval.doc
ORDINANCE NO. 2013-071
AN ORDINANCE APPROVING A SALARY INCREASE 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; 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 budgetaxy decrease of employee salaries,
to be effective as of October 1, 2012.
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 19t� day of �%i,�1 � � , 2013.
� . . 1�►�' ' � .
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I:
APPF�( VED A$'TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
STATE OF TEXAS §
COUNTY OF DENTON §
Employment Agreement
This Emplayment Agreement (this "Agreement") is made and entered into this 1st day of
Octobex 2010 by and between the City of Denton, Texas, a Texas municipal corporation (the
"Employer") and George C, Campbell (the "Exz�.ployee"), with the Employer and the Employee
sometim.es being referenced collectively in this Agrreement as the "Parties."
Witnesseth:
Whereas, the City Council of the Ciiy of Denton (the "Council") and the Employee desire to
amend that certain written Employment Agreemen.t dated the Sth day of June, 2007, as amended,
to continue the exnployment 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 hina to remain in such employment; (2} malte possible full work
productiviiy by assuring tk�e Employee's morale and peace of mind with respect to future
security; and (3) act as a deterxent against malfeasance or dishonesty for personal gain on the part
of the Employee; and
Whereas, the Employee desires to conti�ue employment as City Manager of said City of Denion,
Texas as a Cauncil appointee; and
Whereas the Parties acicnowledge that the Empioyee is a xnember 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, tkie Parties agree as
follows:
SECTION 1. DEFINITI�NS
In this Agreement, the following words and phrases shall have the £ollowing meanings:
C� means the City of Denton, Texas.
Commencement Date means October 1, 2010,
Extended Term means any one-year time period, or any part t1�.exeof, during which this
Agreement remains in full force and effect as a result of any automatic renewal of fihe terms of
this Agreement.
PAGB 1 OF '7
Initial Term means the five-year time period beginning on the Commencement Date and ending
on September 30, 2015, during which this Agreenr�ent sha11 be in full force and effect if not
earlier termznated in accordance with the provisions of this Agreement.
Invoiuntary Separation has the rneaning assigned in Section S,D. of this Agreement.
Salarv means the monetary amount stated in Section 6,A. of this Agreement that the Employee is
en�itled to as an axu�.ual base salary—or, if no longer current, then the monetary amouni that the
Erx�.ployee is currently entitled to as an annual base salary as approved by the Council----and does
not include the value of any other benefifi of employment or other amount.
Termination Date means the date upon which this Agreement iermirnates under any applicable
provision o:F 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 Ernployer.
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 1aws, and to pexform other legally pert�nissible and
proper duties and functions as the Employer sha11 from time to time assign.
SECTION 3. TERM
A. The Initial Term of this Agreemeni is five yeaxs beginning on the 1 St day of October 2010
and ending on the 30th day of Septerrxber 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 tez�.s 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 tern�s of this Agreement shall aut�matically renew for an additional
Extended Ternrz,
C. This Agreement may be terminated before the expiration of the Initial Term or before the
expiration of any subsequent Extended Tertn 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 forth in Section 4 of this
Agreement; or (2) providing a notice of non-xenewal in acco:rdance with Section 3.B. of
this A�reement. 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 0F 7
SECTIDN 4. INVOLUNTARY SUSPENSION/REMOVAL
The Employer may suspend or remove the Employee but on.ly if at least 30 days before the
suspension or removal shall became effective, the Council shall by a maj ority vote of its
m�embers adopt a preliminary resolutaon stating the reasons for removal. Employee may reply in
wniting and may require a hearing at a public rneeting of the Council, which sha11 be held not
eaxlier than 20 days and not later than 30 days after the �iling of such request. The hearing may
be held in executive session, at the option of the Council, unless Employee xequests the hearing
be held in open session in accordance wzth Tex. Gov't Code §551.074. Pending such hearing, the
Council may suspend Employee from duty, but may not suspend ar reduce the Employee's
Salary. After such hearing or public hearing, if one be requested, and after fu11 consideration, the
Council by majority vote may adopt a fu1a1 resolution of removal or reinstatement. This
Agreement shall be deeaz�ed to terminate on the effective date of a final resolution of removal.
SECTION 5. SEPARATION AND SEVER.A.NCE PAY
A. Upon Involuntaxy Separation occurring during the Initial Term, the Employee shall be
entitled to a lump sum severance payment equal to a fiill year of the Employee's Total
Cornpensation.
B. Provided that the Employee remains at all tirnes employed as Employer's City Manager
for �lie entixe Initial Term of this Agreement, the Employee shall thereafter be entitled to
receive a full year of the Empioyee's Total Compensation upon Involuniary Separation,
except in the event such Involuntary Separation is due to any of ihe reasons set forth in
Section 5.C. of this Agreement, in which case the Employer shall not be obligated to pay
and the Employee sk�all not be entitled to receive any amount as severance payment.
C. Notwithstan.ding Section S.A., Section S.B., or any other provision of this Agreement, the
Employer shall not be obligated to pay and the Eznployee 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) moral turpitude; or (2) an illegal act(s) resulting in personal gain to the
Employee.
D. "Involuntary Separation" r�czeans 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 Terna as set forth in Section 3.B. of this Agreement; or (3) the Employee's
resignation upon the Council's reduction ar threatened xeduction in the Employee's
Salary or other financial benefits in a greater percentage than a coi:�ciding 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 thzs Agxeement
shall be based on the amount of the Ernployee's Total Compensation iznmediately before
any such reduction.
PAGE 3 OF 7
SECTION 6. SALARY
A. For t?ne 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 sicl� leave,
retiremen.t and pension system contribution, holidays, and other fringe benefits and
worlcing conditions as they now exist or hereafter may be amended, sha11 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 Systezxx, and other benef ts as provided to other Coun.cil appointees of the
City. However, the Employee may elect to not participate in the Employer's health
insurance plan, in wbach case the Employee will be entitled to an additional swn of up to
$8,000 annually, which wzll be paid in installm.ents at the time the Employee's Salary is
paid.
B. In addition, Ezx�ployer agreas to increase the Employee's Salary and/or other exz�.ployment
benefits to such extent as ihe Council may detexmine wifhin 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.
SECTI�N 7. PERFORMANCE EVALLIATION
A. The Council shall review and evaluate the perfortnance 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 aud Employer. Said criteria may be added to or deleted
from as the Council and Eznployee shall agree.
B. AnnuaIly, the Council and Employee sha11 define such goals and performance objectives
which they determine necessary fox the proper operation oi the City of Denton, Texas,
and in the attainment of the Council's policy obj ectives and shall further establish a
relative priority among those various goals and objectives,
SECTION &. HOURS OF WORK
It is recognized by both Employer and Employee that the duties of City Manager require a great
deal of tilne outside of norm.al of.�ice hours. It is also recognized by the Parties that Employee is
required to devote ihe amount of time and energy necessary to carry out those dutaes with the
highest amount of professionalism possible. That being the case, the Parties recognize that
Employee may choose to talce person.al time off during business hours when it is appropriate and
vvhen the Employee's duties a11ow, A.ltl�ough this personal time off is not considered vacation,
neither is it io be considered as compensatory time for time spent by Employee in carrying out
the Employee's duties outside of noxmal ofFice hours, as the Parties agree that the Employee
must devote the amount of time necessaxy 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
Wl�ile 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 whatevex amount of time the Employee feels is
appropriate under the circumstances to the puxsuit of teaching, counseling, consulting, wriiing 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 Reeiew Committee
ihat the Employee intends to engage in such activity and same is approved by the Chair of the
Committee,
SECTTON 10. AUTOMOBILE
The Employee is xequired to be on call for 24-houre service, so therefore, must have access to a
vehicle for City business. Employer shall grant to the E:rxzployee a car allowance of $1,200 per
month for providing such vehicle, The Employee shall be responsible for the purchase
mai�tez�amce, insurance, ta�es, etc. for said vehicle. The monthly allowanee will be considered
for increase during the performance evaluation process. The Employer also agrees to reimburse
Emploqee for mileage for out-of-county travel associated with City business at the current IRS
rate for mileage reimbursezx�ent in accordance with the then current City Travel Reimbursement
Policy for City ezx�.ployees with ca:r allowances.
SECTION 11, RETIREMENT
A. Employer agrees to e�ecute all necessary agreements provided by the International
City/Gounty Managernent Assoeiation — Reiirement Carporation (ICMA-RC) fox
Employee's participation in said ICMA-RC retirement plans. Employer fiuther 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 io sa,id plans sha11 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 sa.id plazz,
including "catch-up" provisions,
B, Ernployer agrees to pay the
TMRS retirement program,
ea�ecutive-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 reti.res pursuant to a qualified retirement plan, ar 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 Ernployee in
accordance with Employer's current policies for cornpensation 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 xetixees from the City are pexmitted to do so, or,
i�f such other retirees are not permitted to do so, at the cost o£the Ennployee,
PAGE 5 OF 7
SECTION 12. DUES, MEMBERSH�PS AND SUBSCRIPTIONS
Employer agrees to budget and to pay for the professional dues, memberships and subscriptions
of Employee necessary for the Employee's continuatio:� of £ull 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 fox tl�e good
of the Employer in amounts thai are approved by the Council in the annual budget fox 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
Internatianal 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 rmezx�ber in the amounts approved by the Council in the annual budget for
the City Manager — Adzx�.inistration.
SECTION 14. BONDING
Employer shall beax 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 Perfaxmance Review
Cammittee and in consultation with the Employea, shall �ix any such other terms and
conditions of employment as it may determine from time to tirne, 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 Chartex or any other law,
and are memorialized by a written axnendment to this Agreement.
B, All provisions of the City Charter and the City Code, and regulations and rules of the
Employer relating to �acation and sick leave, retiremeni and pension system
contributions, holiday, and other fringe benefits az�d woxkin.g conditions as they now exist
or hereafter may be amended, also shall apply to Employee as they would to oth.er
employees of the Employer in addition to said benefits enumerated specifically for the
benefit of Employee.
SECTION 16. GENERA.L PROVISIONS
A. The text herein shall constitute the eniire agreement between the Parties, and sha11
supersede and replace any previous agreement(s) between the Parties regarding the
subject matter of this Agreement.
PAGE6OF7
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 a.ny 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 a.nd
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. 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 DElV�'ON, TEXAS
� �� Li. ,,.�i ,:`, �.�.
,✓
MARK A� BURROUCrH MA.YOR
ATTEST:
�i� a.. I,i . /_ l • � � _ _,�
�� . ,� . . ,.
��
GEORGE C. CAMPBELL
CITY MANAGER
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