20-1251ORDINANCE NO. 20-1251
AN ORDINANCE OF THE CITY OF DENTON APPOINTING JOHN CASHMON AS THE
CITY AUDITOR FOR A TWO-YEAR TERM, BEGINNING ON THE 13TH DAY OF JULY
2020, AND EXTENDING THROUGH THE 12TH DAY OF JULY 2022; AUTHORIZING THE
MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT FOR TERM OF OFFICE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to employ John Cashmon as the City Auditor, and
John Cashmon desires to accept employment with the City of Denton as the City Auditor; and
WHEREAS, the City Council finds that the appointment John Cashmon as the City
Auditor for a two-year term, beginning on the 13th day of July 2020, and extending through the
12th day of July 2022 and that approval of the attached Employment Agreement are in the best
interest of the City of Denton; 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 the appointment of John Cashmon as
City Auditor for the City of Denton for a two-year term, beginning on the 13th day of July 2020,
and extending through the 12th day of July 2022, and the attached Employment Agreement
relative to his employment with the City of Denton.
SECTION 3. The City Council hereby authorizes the Mayor to execute the
Employment Agreement on behalf of the City.
SECTION 4. The City expenditures provided for in the Agreement are hereby authorized.
SECTION 5. This Ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this Ordinance was made by and
seconded by . This Ord' ce was passed and approved by
the following vote -
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5: ✓
Paul Meltzer, At Large Place 6: ✓
PASSED AND APPROVED this the day of , 2020.
CHRIS WA TS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
AAF - - - -
Page 2
Uri
STATE OF TEXAS
COUNTY OF DENTON
Employment Agreement
This Employment Agreement (this "Agreement") is made and entered into this 232g day of
JUNE , 2020 by and between the City of Denton, Texas, a Texas municipal corporation (the
"Employer") and John Cashmon (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:
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.
Commencement Date means the date on which Employee reports to work.
Involuntary Separation 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.
Term of Agreement means the two-year time period beginning on the Commencement
Date and ending on Termination Date, during which this Agreement shall be in full force and
effect if not earlier terminated in accordance with the provisions of this Agreement.
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 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 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 Term of this Agreement is two years beginning on the Commencement Date, on
July 13, 2020, and ending on July 12, 2022.
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.
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 is 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.
Page 2 of 7
SECTION 5. SEPARATION AND SEVERANCE PAY
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 four months 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
four 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 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.
SECTION 6. SALARY
A. For the services rendered as the Employer's City Auditor, the Employer agrees to pay
Employee an annual base Salary of One Hundred Thirty Thousand and Zero Cents
($130,000.00) 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
Page 3 of 7
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. Except as provided in this section and in Section 16.C.,
Employer shall grant to the Employee a car allowance of Three Hundred Dollars and Zero Cents
($300.00) 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. Employee
will not be paid such car allowance until he has presented proof of a valid Texas driver license to
the Human Resources Department, and Human Resources has verified the validity of the license.
SECTIONS., 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 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 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 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.
Page 4 of 7
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 Auditor, 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
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 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.
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.
Page 5 of 7
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
other employees of the Employer in addition to said benefits enumerated specifically
for the benefit of Employee.
C. Employee must have a valid Texas Driver License as a condition of employment.
Employer acknowledges that due to pandemic conditions at the time of the execution
of this contract, it may be difficult to maintain a current license or to acquire a Texas
Driver License. Employee has until September 15, 2020, to obtain a valid Texas
Driver License. Employee shall not drive for City business until Employee has a
valid Texas Driver License.
SECTION 16. RELOCATION EXPENSE
Employer agrees to provide Employee with reimbursement for Employee's relocation
expenses up to an amount not to exceed Five Thousand Dollars ($5,000). The 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 Expenses policy
(no.101.05) will apply in all other respects.
SECTION 17. 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 18. APPROPRIATIONS
Page 6 of 7
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 19. EFFECTIVE DATE
This Agreement shall take effect on SLF-rprrrst 1� , 2020.
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.
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AAF
CITY OF DENTON, TEXAS
6t W�
CHRIS WATTS, MAYOR
11 aQ
101", 111t1i10JIM�l�Z�CK t.
J C SHMON
Page 7 of 7