2017-293
%(+$1$%$1$-"$%.1,2017293
AdditionalFileExists
AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecordsAct
Other
%(+$Ș2ș#§º«(´¯º¯§²¹
FirstAmendmenttoAgreementɋOrdinanceNo.18203811/27/18JR
SecondAmendmenttoAgreementɋOrdinanceNo.19262511/05/19JR
NuncProTunc,correctiontoOrdinanceNo.19ŵŹŵŸɋ
OrdinanceNo.19282811/19/19JR
ORDINANCE NO. 2017-293
AN ORDINANCE APPROVING AN EMPLOYMENT AGREEMENT FOR THE CITY
ATTORNEY 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, the City Council desires to employ Aaron Leal as City Attorney 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
Attorney and authorizes the Mayor 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 _ ()Tk day of '.0r
C11RIS WATTS,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEI I, (M
F'
JERRY E. DRAK, JIB;.., FIRST ASSI§TAN , CITY ATTORNEY
STATE OF TEXAS §
COUNTY OF DENTON §
Employment Agreement
This Employment Agreement (this "Agreement") is made and entered into this 10th day of
October, 2017 by and between the City of Denton, Texas, a Texas municipal corporation (the
"Employer") and Aaron Leal (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 Attorney 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:
SECTION 1. DEFINITIONS
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.
City means the City of Denton, Texas.
CommencementDatemeans the date on which Employee reports to work, on October 12,
2017.
f` lciided�1 means any two-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.
hiitial Tcnii means the two-year time period beginning on the Commencement Date and
ending on October 11, 2019, during which this Agreement shall be in full force and effect if not
earlier terminated in accordance with the provisions of this Agreement.
11 v sl ��lat m ixJ]L_�',,1!J n means the Employee's: (1) removal by the Council under Section
4 of this Agreement; or (2) 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 Base Salary immediately before any
such reduction.
Terminationmm mDate 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 Base 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
Employer hereby engages the employment services of the Employee as City Attorney 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 Initial Term of this Agreement is 2 years beginning on the Commencement Date,
on October 12, 2017, and ending on October 11, 2019.
B. This Agreement may be terminated before the expiration of the Initial Term on or
before the expiration of any subsequent Extended Term by the Employer or the
Employee under applicable provisions 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.C. 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.
C. Unless the Council — at least 90 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 an Extended Term. Unless the Council — at least 90 days
before the expiration of any Extended Term once commenced — gives the Employee
written notice of nonrenewal, the terms of this Agreement shall automatically renew
for an additional Extended Term. There is no limitation on the number of Extended
Terms that may occur.
Page 2of8
SECTION 4. INVOLUNTARY SUSPENSION/REMOVAL
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 of its members adopt a preliminary resolution of 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 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
§551.074. 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 any term of the Agreement, the
Employee shall be entitled to a lump sum severance payment in an amount not to
exceed six (6) 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
contract, tort, First and Fourteenth Amendment to the U.S. Constitution, 42 U.S.C.
Section 1983, and any and all other claims which might arise under local, state, or
federal fair employment practices or employment benefit laws, workers'
compensation law, rights and claims arising under the Age Discrimination in
Employment Act, Texas Payday & Whistleblower Laws, Title VII of the Civil Rights
Act, the Americans with Disabilities Act, and the Texas Commission on Human
Rights Act.
B. Notwithstanding Section S.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) an illegal
act(s) resulting in personal gain to the Employee; or (3) conviction of a felony or
Class A misdemeanor.
C. Neither this Section 5, nor any other provision to this Agreement, shall be construed
to entitle Employee to a lump sum severance payment in the event of. (1)
Page 3 of 8
Employee's voluntary and unilateral resignation of the position prior to the end date
of any term of the Agreement, pursuant to the terms of Section 3.B., above; (2)
agreed rescission of the Agreement prior to the end date specified for any term of
Agreement, under negotiated terms mutually agreeable to Employer and Employee;
or (3) non -renewal of the Agreement by either party, upon expiration of any term of
Agreement, conditioned, however, upon the non -renewing party providing the other
party with not less than thirty (30) days advance written notice of non -renewal.
SECTION 6. SALARY
A. For the services rendered as the Employer's City Attorney, the Employer agrees to
pay Employee an annual Base Salary of $182,800 and as set year to year by the City
Council in future years, 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 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.
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. 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
$600 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 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 Travel Reimbursement Policy for City employees with car allowances.
SECTION 8. 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.
Page 4of8
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 attainment of the Council's policy objectives and shall further establish a relative
priority among those various goals and objectives.
SECTION 9. HOURS OF WORK
It is recognized by both Employer and Employee that the duties of City Attorney 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 take personal time off during 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 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.
SECTION 10. OUTSIDE ACTIVITIES
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 Attorney, and
provided that Employee first notifies the Council Appointee Performance Review Committee
that the Employee intends to engage in such activity, 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 approved by the Chair.
SECTION 11. RETIREMENT
A. Employer agrees to execute all necessary agreements provided by the International
City/Council Management Association — Retirement Corporation (ICMA-RC) for
Employee's participation in said ICMA-RC retirement plans. Employer further agrees
to contribute a total of 6% of Employee's Base Salary to ICMA-RC's 457 plan. All
sums contributed to said plan shall be in addition to Employee's Base Salary.
Employer also agrees to allow Employee to contribute whatever portion of the
Employee's Base Salary the Employee may deem 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.
Page 5 of 8
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
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.
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 Attorney, and
for the good of the Employer in amounts that are approved by the Council in the annual budget
of the City of Denton.
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 Texas
Municipal League, 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 of Denton.
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 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
Page 6 of 8
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.
B. 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, 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 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 () C bL c 1,4- , 201'7
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.
CITY OF 1)1:;'W , TEXAS
CHRIS WATTS, MAYOR
ATTEST:
dpll
1 1 11 1 ^ 1 WALTERS, CITY SECRETARY
Page 7of8
APPROVED AS TO q I^(:JAI,FOkM;
JERRY E. DRAKE, JR., FIRST ASSISTANT CITY ATTORNEY
APPROVED AND ACCEPTED
s
A'AlO f LEAL
Page 8 of 8