21-1783ORDINANCE NO,
2I -x783
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SALARY
INCREASE FOR THE CITY AUDITOR, MADISON RORSCHACH UNDER THE
PERFORMANCE REVIEW PROVISION OF HER EMPLOYMENT AGREEMENT WITH
THE CITY; EXTENDING THE TERM OF THE CITY AUDITOR'S EMPLOYMENT
AGREEMENT UNTIL AUGUST 7,2025; PAYING THE CITY AUDITOR'S PERCENTAGE
OF COST FOR HER PARTICIPATION IN THE TEXAS MUNICIPAL RETIREMENT
SYSTEM (TMRS); CONTRIBUTING 6% OF THE CITY AUDITOR'S ANNUAL BASE
SALARY TO THE ICMA-RC'S 457 PLAN; AUTHORIZING THE MAYOR TO EXECUTE
THE CITY AUDITOR'S FIRST AMENDED EMPLOYMENT AGREEMENT;
AUTHORIZING EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on the 4''' day of August 2020, the City of Denton City Council approved an
Employment Agreement with Madison Rorschach as the City Auditor of the City of Denton by
Ordinance No. 20-1481 commencing August 8, 2020 and ending on August 7, 2022; and
WHEREAS, the City Council desires to continue employing Madison Rorschach as the
City Auditor, and Madison Rorschach desires to continue her employment with the City of
Denton as the City Auditor; and
WHEREAS, the City Council finds that extending the term of the City Auditor Madison
Rorschach's employment agreement to August 7, 2025: paying the City Auditor's percentage of
cost for her participation in the TMRS retirement program and contribute 6% of the City
Auditor's annual base salary to the ICMA-RC's 457 plan, as provided to other Council
appointees are in the best interest of the City of Denton; and
WHEREAS, the City Council has completed its performance review for City Auditor
Madison Rorschach, and the Council desires to increase City Auditor Madison Rorschach's
current annual Base Salary under the performance review provision of her current Employment
Agreement with the City to One Hundred Twenty Thousand Dollars and No Cents ($120,000.00)
and that said salary increase is in the best interest of the City of Denton; and
WHEREAS, the City Council finds that approval of the attached First Amended
Employment Agreement including the above-specified terms 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 an increase in the annual Base Salary of
City Auditor Madison Rorschach to One Hundred Twenty Thousand Dollars and No Cents
($120.000.00), pursuant to Section G.B. of the City Auditor's Employment Agreement.
SECTION 3. Said salary increase shall be effective retroactively, starting August 7,
2021 (first pay period following her review date by the City Council).
SECTION 4. The City Council hereby approves the attached First Amended
Employment Agreement continuing Ms. Rorschach's employment with the City of Denton as the
City Auditor for a five-year term, extending her term by 3 years through the 7'r' day of August
2025.
SECTION 5. City expenditures provided for in the First Amended Employment
Agreement, including the salary increase approved herein, are hereby authorized.
SECTION 6. This Ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this Ordinance was made by 55e –\),-q and seconded
by , n o This Ordinance was passed and approved by the
following vote [ -7 - j�]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: V/
Vicki Byrd, District l:
Brian Beck, District 2: ,l
Jesse Davis, District 3: �—
Alison Maguire, District 4: ✓
Deb Armintor, At Large Place 5:
'Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
day of tx USS , 2021.
GERARD HUDSPETH, MAYOR
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
BY: .�
3
a
Page 2
STATE OF TEXAS
COUNTY OF DENTON §
FIRST AMENDED EMPLOYMENT AGREEMENT
This Amended Employment Agreement (this "Agreement") is made and entered into this
17" day of August, 2021 by and between. the City of Denton, Texas, a Texas municipal
corporation (the "Employee" and Madison Rorschach (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
AWREAS, the Employee desires to be employed as City Auditor of said City of
Denton, Texas as a Council appointee; and
NOW, THMEFORE, 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 Saleuv 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 beuefit of employment or other amount.
Li1y means the City of Denton, Texas.
Commencement Date means the date on which Employee reports to work.
lnvoluntm 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 Anent means the five-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 weans the combined sure of the Employee's Ease 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.
SECT ON 2. DUTIES
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 ChaAee), the Code of the City of Denton, Texas (the "City Corte"), 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 fixture 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.
SEC11ON 33. TERM
A. The Term of this Agreement is five years beginning on the Commencement Bate, on
August S, 2020, and ending on August 7, 2025.
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. T'he 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 44. 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.
Page 2 of 7
SECTION S. 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 month's base salary and only those benefits paid to 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 pray for four months during w-hich time Employee will continue to enjoy City
employment benefits in which they are 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 VU of the Civil Rights
Act, the Americans with Disabilities Act, and the Texas 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) 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 rendcred as the Employer's City Auditor, the Employer agrees to .pay
Employee an annual base Salary of One Hundred Twenty Thousand and Zero Cents
($120,000.00) 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 Mules and
Regulations relating to the vacation and sick leave, retirement and pension system
contribution, holidays, and rather fringe benefits and working conditions as they now
exist or hereafter may be amended, shall apply to Employee as they would to other
ernployecs of the City, which benefits include health insurance, long-term disability
insurance and retirement under the Texas Municipal Retirement System, and other
benefits, as provided to other Council appointees of the City, including that the City
will pay Employee's portion of the Texas Municipal Retirement System contribution.
B. In addition, Employer agrees to increase the Employee's Salary and/or other
employment benefits to such extent as tho Council may determine within the
Page 3 of 7
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 3. 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 ear 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 S4 -
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.
B. Annwi lly, 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 moth Employer and Employee that the duties of Cite 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 tame 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 fulf ll 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 ACTMTIES
Employee is entitled to devote whatever amount of time the Employee feels is
appropriate under the circurnstances to the pursuit of teaching, counseling, consulting, writing oT
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 thw Council 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 Council. Any membership on a Corporate
Board shall also requite notice to the Council
SECTION 11. RETIREMENT
A. Employer agrees to pay the percentage of the cost of the Employee's participations in
the TMRS retirement program, in accordance with Employer's current policy for
other City employees, except that the City will pay Employee's portion of the Texas
Municipal Retirement System contribution.
B. Employer agrees to execute all necessary agreements provided by the International
City/County Management Association — Retirement Corporation (ICMA-RC) for the
Employee's participation in said ICMA-RC retirement plans. Employer further agrees
to contribute 6% of Employee's annual base salary to ICMA-RC's 457 plan. All sums
contributed to said plans shall be in addition to the Employee's base salary. Employer
also agrees to allow Employee to contribute whatever portion of their base salary they
may deem appropriate to said plan, including "catch-up" provisions.
C. If the Employee retires pursuant to a qualified retirement plan, or is permanently
disabled during the terra 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 perrnitted 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 does, memberships and
subscriptions of Employee necessary for the Employee's continuation of fall 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
Page 5 of 7
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: 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
contribution, 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 benef=it 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.
SECTIO, N 17. 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 18. EFFECTIVE DATE
This Agreement shall take effect on August 7, 2021.
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 tl is.Agreement, both in duplicate, the day and year first above written.
CITY OF DENTON, TEXAS
GE-RAIMIALRWETMMAYOR
ATTEST:
— I � � -1 �-' �- ." �� j -
ROSA. RIDS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM Cl'I`Y ATTORNEY
BY: 7 t
APPROVED AND ACCEPTED
MADISON RORSCHACH
Page 7 of 7