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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