2017-025S:\Legal\Our Documents\Ordinances\17\City Auditor Ord.doc
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AN ORDINANCE APPROVING AN EMPLOYMENT AGREEMENT FOR THE CITY
AUDITOR AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
SETTING THE COMPENSATION AND TERMS OF THAT EMPLOYMENT;
AUTHORIZING EXPENDITURES AND ACTIONS; AND PROVIDING AN EFFECTIVE
D.
WHEREAS, the City Council desires to employ a City Auditor for the City of Denton;
IM
WHEREAS, the City Council finds that this Ordinance is in the public interest; NOW,
THEREFORE,
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
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acid authorizes the Mayor to execute the Agreement on behalf of the City.
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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
. .. . .... . .......... . . .
CIIR, S WATTS, MAYOR WW
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
API) OVED Ali 1'0 LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
STATE OF TEXAS
Employment Agreement
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This Employment Agreement (this "Agreement") is made and entered into this Li day of
2017 by and between the City of Denton, Texas, a Texas municipal
corporation Wt'l� "Employer") and Craig J. Hametner (the "Employee"), with the Employer and
the Employee sometimes being referenced collectively in this Agreement as the "Parties."
WHEREAS, it is the desire of the Council to: (1) secure and retain the services of the
Employee and to provide inducement for the Employee to remain in such employment; (2) make
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 be employed as City Auditor of said City of
Denton, Texas as a Council appointee; and
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
Parties agree as follows:
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In this Agreement, the following words and phrases shall have the following meanings:
,Base 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,
Commenc,mi means the date on which Employee reports to work, on February
27,2017.
means the Employee's: (1) removal by the Council under Section
4 ofthis Agreement;, or (2) the fmployce`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 employee& 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 Base Salary Immediately before any
such reduction.
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TcrLn of ,
A Incans the two-year time period beginning on the Conirricricemcrit
Date and ending on February 26, 2019, during which this Agreement. shall be in full force and
effect if not earlier terminated in accordance with the provisions of this Agreement.
Terrijination Date means the to upon which this Agreement terminates under any
applicable provision of thi s Agreement.
Total_ CoiDpqns means the combined sum of the Employee's Base Salary and t 41
monetary value of all other benefits that the Employee is entitled to under this Agreement al
ttherwise as an Employee of Employer. M
Employer hereby engages the employment services of the Employee as City Auditor of
said Employer 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"), and all
other applicable laws, and as outlined in the City of Denton's job description as it now exists or
as it may exist with future modifications by the Council and agreed upon by the employee, and to
perform other legally permissible and proper duties and functions as Employer shall from time to
time assign.
SECTION 3. TERM
A. The Tenn of this Agreement is two years beginning on the Commencement Date, on
February 27, 2017 and ending on February 26, 2019.
B. This Agreement may be terminated before the expiration of the Term by the
Employer or the Employee under applicable provisions of this Agreement. If the
Employer terminates this Agreement, it must do so by following the procedures set
forth in Section 4 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.
The Employer may suspend the Employee prior to any removal of the Employee but may
not suspend or reduce Employee's salary prior to effecting the hearing and removal provisions of
.
this Section. At least 30 calendar days before any removal shall become effective, the Council
shall by a majority vote or its members adopt a preliminary resolution of removal. Employee
'nay reply in writing and may require a hearing at a public meeting of the Council, which shall
be held not earlier than 20 calendar days and not later than 30 calendar 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
§55 J074. 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.
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A. Upon Involuntary Separation occurring during the Term of the Agreement, the
Employee shall be entitled to a lump sum severance payment in an amount not to
exceed six month's base salary and only those benefits paid other non -civil service
employees upon termination pursuant to policy in effect at the time of separation. At
the option of the Employee, Employee may take administrative leave with pay for six
months during which time Employee will continue to enjoy City employment benefits
in which he is already enrolled but will not accrue additional vacation or sick leave.
Such severance payment shall be the sole remedy of Employee and acceptance shall
constitute a waiver of existing claims Employee may have which may arise by virtue
of employment with or resignation or removal from the City, including, without
limitation, any claims against the City, its officers and employees, agents, affiliates
and subsidiaries including, but not limited to, breach of Conti -act, tort, First and
Fourteenth Amendment to the U.S. Consi ' itution, 42 U.S,C. Section l983, and any
and all other claims which might arise under local, state, or federal fair employment
practices or ernployrnent benefit laws, workers' compensation law, rights and claims
arising under the Age Discrunination in Employment Act, Texas Payday &
Whistleblower Laws, Title VII of the Civil Rights Act, the Americans with
Disabilities Act, and the'T"exas Commission on Human Rights Act.
B. Notwithstanding Section 5.A. 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's committing an act involving: (1) moral turpitude; (2) (111 illegal
act(s) resulting in personal gain to the Ernployee, or (3) Conviction of a felony or
Class A misdemeanor.
A. For the services rendered as the Employer's City Auditor, the Employer agrees to pay
Employee an annual base Salary of $125,000 and as set year to year by the City
Council in future years, payable in installments at the same time as other employees
of tyle Employer are paid.. All provisions of the City Charter, City Code, and Council -
adopted Rules and Regulations relating to the vacation and sick leave, retirement and
pension system contribution, holidays, and other fringe benefits and working
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 and retirement under the Texas Municipal
Retirement System. Employee shall accrue vacation and sick leave on the same basis
as all other employees of the City except that Employee will start employment with
five days of banked vacation.
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
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approved budget that it is desirable to do so on the basis of an annual performan
review of the�/'1
1 .11':1 '^�
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
$300 per monthfor providing such vehicle, "I"fic Employee shall be responsible for the purchase
maintenance, insurance, taxes, etc. for said vehicle. 'I"he monthly allowance will be considered
for increase during the performance evaluation process. The Employer also agrees to reimburse
Employee for mileage outside a 50 -mile radius of the City of Denton associated with City
business at the current IRS rate for mileage reimbursement in accordance with the then current
City 111'ravel Reimbursement Policy for City employees with car allowances.
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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 and in
the lie attainment of the Council's policy objectives and shall further establish a relative
priority an-iong those various goals and objectives.
It is recognized by both Employer and Employee that the duties of City Auditor 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 arnount of time
with the highest amount f 1
oonaljsrn possible. That belng the case, the Parties recognize
that Employee may choose to take personal time offduring business hours when it is appropriate
and when the Employee's duties allow. Although this personal time off is not considered
vacation, neither is it to be considered as coinpensatory time for time spent by Employee in
can),ing out the Employee's duties out")ide of normal office hours, as the Parties agree that the
FEmployee 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.
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Employee is entitled to devote whatever arnount 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 Auditor, and
provided that Employee first notifies the Council Appointee Performance Review Committee
that the Employee intends to engage in suchactivity, including the amount of time the Employee
intends to devote to this activity and the Employee's engagement in the activity is approved by
the Chair of the Committee, Any membership on a Corporate Board shall also require notice to
the Council Appointee Performance Review Committee be al,,)proved by the Chair.
SECTION 11. RETI"MENT
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 vacation leave,
holidays, and other benefits then accrued or credited to the Ernployce in, accordance with
Frnployer's current policies for compensation for these benefits, and, at 7 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.
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Employer agrees to budget and to pay For the professional dues, niernberships and
subscriptions of Employee necessary for the Employee's continuation of fullparticipation in
national, regional, state and local associations and organizations necessary and desirable for the
Employee's continued professional participation, growth and advancement as City Auditor, and
for the good of the Employer in amounts that are approved by the Council in the annual budget
of the City of Denton.
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 adequatcly pursue
necessary official and other functions for Employer, including but not limited to the Texas
Municipal League, and, other sue]-, 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 of Denton.
Employer shall bear the Full cost of any fidelity or other bonds that may be required of
the Employee: under any law or ordinance.
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1 0 1
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 tirne, relating to the
performance of Employee, provided stich 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 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 the.v n()w
exist or hereafter may be amended, also shall apply to Employee as they wotild to
other employees of the Employer in addition to said benefits enumerated specifically
for the benefit of Employee,
if Employee chooses to relocate, Employee will receive three (3) bids from bonded and
licensed moving companies and present these bids to the City. The Employee will select the
lowest, bidder for his moving company and must take this benefit within six months of initiation
of employment. The City's relocation policy will apply in all other respects.
A, The text herein shall constitute the entire agreement between the Parties,
W. If any provision, or any portion, thereof, contained in this Agreement is heli
unconstitutional, invalid, or unenforceable, the remainder of this Agreement, o -r -
portion thereof, shall be deemed severable, shall not be affected and shall remain in
force and effect.
C. The venue of any litigation involving this Agreement shall be in a court of competent
jurisdiction sitting in Denton COLInlyt,' Texas.
The Employer agrees that it will appropriate, set aside and encumber funds of the City in
an arnount 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 19. EFFECTIVE DATE
This Agreement shall take effect o d NN
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IN WITNESS WI 1ER1. OF, the Mayor as duly authf by the Council and on bchalf of
the City of Denton, has signed an , d executed this Agreement and the 1"Anployee has signed and
executed this Agreement, both in duplicate, the day and year first above Writteti,
JE 1II ER WA ERS, CITY SECRETAR Y
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
CITY OF II)EN-rON, TEXAS
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Z "I,, AW'S, MA'
CRAIG J IA'- 'I"NER