20-2189ORDINANCE NO.20-2189
AN ORDINANCE OF THE CITY OF DENTON APPROVING A THIRD AMENDMENT TO
THE EMPLOYMENT AGREEMENT FOR CITY ATTORNEY AARON LEAL; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 10, 2017, the City Council approved an Employment Agreement
(“Agreement”) with Aaron Leal as the City Attorney of the City of Denton by Ordinance No. 17-
293 ; and
WHEREAS, on November 27, 2018, the City Council adopted Ordinance No. 18-2038,
which amended the Agreement to provide for a salary increase and an extension of the term of
the Agreement for an additional one year period, to October 1 1, 2020; and
WHEREAS, on November 5, 2019, the City Council adopted Ordinance No. 19-2625,
subsequently corrected by Ordinance No. 19-2828, which ordinance amended the Agreement to
provide for a salary increase and an extension of the term of said agreement for an additional one
year period to October 1 1, 202 1; and
WHEREAS, the City Council has completed its 2020 performance review for City
Attorney Aaron Leal, and desires to approve additional vacation leave, increase the severance
pay provision of the Agreement, and extend the Agreement for an additional year, to October 1 1,
2022; and
WHEREAS, the City Council finds that approval of the amendment to the Agreement,
which is attached hereto as Exhibit 1 and incorporated by reference, is 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 Amendment to City Attorney Aaron
Leal’s Employment Agreement, attached hereto as Exhibit 1 and incorporated herein by
reference, and authorizes the Mayor to execute the Amendment.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance
seconded by :-kSLmS
the following vote Lq -
m,de by GecQC A Rods,pen
' The ordinance was passed and approved by
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:
Jessie Davis District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
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PASSED AND APPROVED this the tl tb day of C')c+obe( , 2020
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ATTEST:
ROSA RIOS, CITY SECRETARY
A
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Page 2
STATE OF TEXAS §
§COUNTY OF DENTON
THIRD AMENDMENT TO CITY ATTORNEY’S EMPLOYMENT AGREEMENT
This Third Amendment to Employment Agreement (this “Third Amendment”) is made and entered
into this 27th day of October, 2020 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, on October 10, 2017, the City Council adopted Ordinance No. 17-093, which
ordinance approved the Employee’s Employment Agreement (“Employment Agreement”) which
is attached as Exhibit " N' \ and
WHEREAS, on November 27, 2018, the City Council adopted Ordinance No. 18-2038,
which ordinance amended the Employment Agreement to provide for a salary increase and an
extension of the term of said agreement for an additional one (1) year period to October 1 1, 2020;
and
WHEREAS, on November 5, 2019, the City Council adopted Ordinance No. 19-2625,
subsequently corrected by Ordinance No. 19-2828, which ordinance amended the Employment
Agreement to provide for a salary increase and an extension of the term of said agreement for an
additional one (1) year period to October 1 1, 2021; and
WHEREAS, it is the desire of the Employer to amend the Employment Agreement dated
the 10th day of October 2017, as amended, to provide for an additional week of vacation leave,
increasing severance pay to twelve months, and providing an extension of the term of said
agreement to October 1 1, 2022, for an additional one (1) year period; and
WHEREAS, the Employee also desires to amend his Employment Agreement to provide
for an additional one (1) year period so as to continue employment as the City Attorney of the City
of Denton, which is a City Council appointed position; and
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
Parties agree to amend the October 10, 2017 Employment Agreement as follows:
1. Section 1 of the Employment Agreement which defines “Initial Term” is deleted in its
entirety and replaced with the following:
Initial Term means the five-year period beginning on the Commencement Date and
ending on October 1 1, 2022, during which this Agreement shall be in full force and
effect if not earlier terminated in accordance with the provisions of this Agreement.
2. Section 3 A of the Employment Agreement is deleted in its entirety and replaced
with the following:
The Initial Term of this Agreement is five (5) years beginning on the
Commencement Date of October 12, 2017 and ending on October 1 1, 2022.
3 . Section 5. A. of the Employment Agreement is deleted in its entirety and replaced with
the following:
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 twelve (12)
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 twelve 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.
4. Section 15.B. of the Employment Agreement is deleted in its entirety and replaced with the
following:
SECTION 15. OTHER TERMS AND CONDITIONS OF EMPLOYMENT
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, except that
Employee will receive an additional week of paid vacation effective November 1, 2020.
5 . Except as expressly amended hereby, the Employment Agreement shall remain valid and
subsisting as originally provided, and the Employer and the Employee hereby ratify and confirm
the Employment Agreement, as amended hereby.
IN WITNESS WHEREOF, the Mayor as duly authorized by the Council and on behalf of the City
of Denton, has signed and executed this Third Amendment to the City Attorney’s Employment
Agreement and the Employee has signed and executed this Third Amendment to the City
Attorney’s Employment Agreement and, both in duplicate, the day and year first above written.
ATTEST:
ROSA RIOS, CITY SECRETARY
CITY ATTORNEY