22-2009FILE REFERENCE FORM 1 22-2009
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21-2181
Date Initials
ORDiNANCENO. 22-2009
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO EXECUTEA FIRST AMENDED EMPLOYMENT AGREEMENT WITH THE CITY ATTORNEY TOAMEND SECTION 7 ENTITLED AUTOMOBILE TO INCREASE THE VEHICLE
ALLOWANCE AMOUNT; PROVIDING FOR THE EXPENDITURE OF FUNDS; ANDPROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council entered into an employment agreement with Mack Reinwand
as the City Attorney on October 4, 2021 by Ordinance No. 21-2181 (Original Agreement); and
WHEREAS, the City Council, after review and consideration, desires to amend Section 7,
Automobile, of the Original Agreement to increase the car allowance amount to seven thousand
two hundred dollars ($7,200) per year; and
WHEREAS, the City Council finds that approval of the attached First Amended
Employment Agreement is in the best interest of the City of Denton; and
WHEREAS, the 4% cost of living adjustment to base pay and the 2% one-time payment
authorized for non-civil service employees for the 2022-2023 fiscal year, with automatic
amendment of the Original Agreement thereof, is applicable pursuant to Section 4 of the Original
Agreement; and
WHEREAS, the First Amended Employment Agreement supersedes the OriginalAgreement to the extent it modifies Section 7; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated into the body of this ordinance.
SECTION 2. The City Council hereby authorizes the Mayor to execute a First Amended
Employment Agreement on behalf of the City to amend Section 7. Automobile to increase the car
allowance to seven thousand two hundred dollars ($7,200) per year.
SECTION 3. The City expenditures provided for in the Original Agreement and First
Amended Employment Agreement are hereby authorized.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
Th, m,ti,n t, appr,„, thi, „di„,„„ w„ m,d, by Br@\ Beck ,„d „,,„d,d
by Rae mts . The ordinance was passed and approved by the
following vote n - LI :
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Jesse Davis. District 3 :
Alison Maguire, District 4:
Brandon Chase McGee,
At Large Place 5 :
Chris Watts, At Large Place 6:
Ayet/
1/
P‘
1/
/
Nay Abstain Absent
/
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PASSED AND APPROVED thi, the IS-h day of Q:Jc])er 2022
BY:
GERARD HUDSPETH, MAYOR
ATTEST:
\\1111111 J
BY T:p:;i DClaJESS S+U2AC; 0EWTy
APPROVED AS TO LEGAL FORM
MACK REINWAND. CITY ATTORNEY
Employment Agreement
Table of Contents
Section 1: Licensure..........................................................................................................................1
Section 2: Term.................................................................................................................................1
Section 3: 1)uties„.............................................................................................................................1
Section 4: Compensation .........................................................................................................,,.... 1
Section 5: Health, Disability, and Life Insurance and Other Benefits .__„___.„__..__.2
Section 6: Vacation, Sick, and Military Leave.........................................................................2
Section 7: Automobile ...„___„__„__„„.__„______„____„__„______„____________„_.____.2
Section 8: Retirement...„............................................................................................................,....3
Section 9. General Business Expenses.„...................................................................................4
Section 10. Involuntary Termination ._________„.__„_____„__„__________„_________. 5
Section 11. Severance..............................,...........................,............................................................5
Section 12. Resignation .„„__„„„„__„„_„_„________„_„____„„_„„_„„_„_-„_-„.„„„-._„-_6
Section 13. Hours of Work............................................................................................................7
Section 14. Ethical Commitments .„„___„_.„„__..____.„_______„___„___.__„___„__.___8
Section 15. Outside Activities ...................,.......................,..................................,.........................8
Section 16: Indemnification.........................................................................................................8
Section 17: Bonding ..................................................................,.....................................................8
Section 18: Other Terms and Conditions of Employment .......................................--.....--.9
Section 19: General Provisions.„,.............................................................................,.................9
Section 20. Performance Evaluation.„„...........................................,,...............................,........9
Employment Agreement
This Employment Agreement (this "Agreement’), made and entered into this the lst of
October, 2022 (the "Effective Date"), by and between the City of Denton, a Texas
municipal corporation (hereinafter called "Employer"), and Mack Reinwand (hereinafter
called "Employee"), both of whom understand and agree as follows:
Section 1: Licensure
Employee warrants and agrees that Employee is licensed to practice law in the State of
Texas without limitation. Employee must maintain Employee’s license to practice law in
good standing throughout the term of this Agreement as a condition of employment.
Should the Employee no longer be authorized to practice law in Texas, this Agreement
will terminate immediately for good cause.
Section 2: Term
This Agreement shall remain in full force and effect from the Effective Date until
terminated by the Employer or Employee as provided in this Agreement.
Section 3: Duties
A. Employer employs the Employee as City Attorney to perform the duties specified in the
City of Denton Charter ("Charter") and City of Denton Code of Ordinances ("Ordinances")
and the job description, and to perform other legally permissible and proper duties and
functions of the position.
B. It shall also be the duty of the Employee to hire, direct, assign, reassign, evaluate, and
terminate, as appropriate, employees of the City Attorney's Office consistent with policies,
Ordinances, Charter, state and federal law.
C. All duties assigned to the Employee by the governing body shall be appropriate to and
consistent with the professional role and responsibility of the Employee.
Section 4: Compensation
A. Base Salary: Employer agrees to pay Employee an annual base salary of Two Hundred
Thirty Thousand and no/100 Dollars ($230,000.00) and as set year to year by the City
Council in the future, payable in installments at the same time that the other employees
of the Employer are paid.
B. This Agreement shall be automatically amended to reflect any salary increases that
are provided or required by the Employer's compensation policies to include all salary
increases on the same basis as applied to (a) other Council appointees, and (b) cost of
living adjustments to full-time non-civil service employees.
C. In addition, consideration shall be given on an annual basis to an increase in
compensation.
Section 5: Health, Disability, and Life Insurance and Other Benefits
A. The Employer agrees to make available medical, vision, dental and other benefits and
working conditions for the Employee and his/her dependents on the same basis as which
such benefits are made available to other full-time employees of the City of Denton, in
addition to any benefits specifically enumerated in this Agreement for the benefit of
Employee.
B. The Employer agrees to provide term life insurance for the Employee on the same
basis of base salary percentage as it provides to the City Manager. The Employee can
name the beneficiary of the life insurance policy.
Section 6: Vacation, Sick, and Military Leave
Employee shall accrue sick leave and vacation leave on an annual basis, at a minimum,
at the same rate as other regular full-time non-civil service employees of the City of
Denton, except that Employee will receive an additional 40 hours of paid vacation leave.
There shall be no cap on accruals of either sick leave or vacation leave, and all accrued,
unused vacation leave and sick leave shall be paid to Employee at Employee's then-
current rate upon separation or retirement. The Employee shall be entitled to military
reserve leave time pursuant to applicable law and policy.
Section 7: Automobile
The Employer agrees to pay to the Employee, during the term of this Agreement and in
addition to other salary and benefits herein provided, the sum of Seven Thousand Two
Hundred Dollars ($7,200) per year, payable monthly, as a vehicle allowance to be usedto purchase, lease, or own, operate and maintain a vehicle. The Employee shall be
responsible for paying for liability, property damage, and comprehensive insurance
coverage upon such vehicle and shall further be responsible for all expenses attendant
to the purchase, operation, maintenance, repair, and regular replacement of said vehicle.
The Employer shall reimburse the Employee at the IRS standard mileage rate for any
business use of the vehicle beyond the greater DFW area. For purposes of this Section,
use of the car beyond the greater DFW area is defined as travel to locations outside a
fifty (50) mile radius of the City of Denton limits.
Section 8: Retirement
Employee will continue enrollment in the Texas Municipal Retirement System ("TMRS").
Employer agrees to make all TMRS contributions on the Employee's behalf, including the
amount normally deducted from the wages of an employee as well as the Employer'sshare
In addition to the base salary paid by the Employer to Employee and the amount paid to
TMRS on behalf of Employee, Employer agrees to pay an amount (consistent with the
IRS regulations) as determined by the Employer, but equal to at least six percent (6%) ofEmployee's base salary into a retirement plan offered by the City of Denton and
designated by the Employee on the Employee's behalf. From time to time, at the
Employer’s sole discretion as it deems necessary and appropriate (consistent with IRS
regulations), the Employer may increase the amount paid into a retirement plan offered
by the City. However, if six percent (6%) exceeds the allowable contribution for the
Employee under law, the Employer shall contribute an amount that is equal to maximum
contribution under law and the remainder shall be paid to the Employee in a lump sum as
taxable compensation. The Employer shall adopt a qualified 401 (a) defined contribution
plan for the Employee. The 401(a) plan shall be established as an employer-paid plan
with contributions by the Employer. The 401 (a) plan shall be established under a written
plan document that meets the requirements of the IRS Code and such document is
hereby incorporated herein by reference. The funds for the 401 (a) plan shall be invested
in such investment vehicles as are allowable under the IRS Code and the Employee shall
make the sole determination as to how the funds are invested.
Employee may participate in the 457 deferred compensation plan to the same extent as
all other employees.
If Employee retires pursuant to a qualified retirement plan, Employee 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 Employee.
Section 9. General Business Expenses
A Employer agrees to budget and pay for licensing fees or charges that are required of
lawyers to practice law in the State of Texas and professional dues, including but not
limited to joining the International Municipal Lawyers Association, and subscriptions of
the Employee necessary for continuation and full participation in national, regional, state,
and local associations, and organizations necessary and desirable for the Employee's
continued professional participation, growth, and advancement, and for the good of the
Employer. Employer further agrees to pay reasonable expenses associated with
participation at the functions of such organizations.
B. Employer agrees to budget and pay for travel and subsistence expenses of Employee
for professional and official travel, meetings, and occasions to adequately continue the
professional development of Employee and to pursue necessary official functions for
Employer, including but not limited to national, regional, state, and local governmental
groups and committees in which Employee serves as a member.
C. Employer also agrees to budget and pay for distance learning programs and travel and
subsistence expenses of Employee for short courses, institutes, and seminars that are
necessary for the Employee's professional development and maintenance of the
Employee's required CLE obligations and for the good of the Employer.
D. Employer recognizes that certain expenses of a non-personal but job-related nature
will be incurred by Employee, and agrees to reimburse or to pay for those general
expenses. These expenses may include meals where Employer business is being
discussed or conducted and participation in social events of various organizations when
representing the Employer. These expenditures are subject to annual budget constraints
as well as state and Employer ethics and purchasing policies. The finance director is
authorized to disburse moneys to pay these expenses as a per- diem amount in
accordance with GSA rates or upon receipt of duly executed expense or petty cash
vouchers, receipts, statements or personal affidavits.
E. The Employer acknowledges the value of having Employee participate and be directly
involved in local civic clubs or organizations. Accordingly, Employer shall pay for the
reasonable membership fees and/or dues to enable the Employee to become an active
member in local civic clubs or organizations.
F. The Employer shall provide the Employee with all equipment customary and necessary
for performance of his or her employment, including computer, internet service, and
mobile telephone, at the sole cost and expense of the City. Except for de minimis use,
Employee may use the equipment only as provided by Employer’s applicable policies.
Section 10. Involuntary Termination
A. For the purpose of this Agreement, involuntary termination shall occur when :
1. The majority of the governing body votes to terminate the Employee at a properly
posted and duly authorized meeting of the governing body.
2.If the Employer, citizens or legislature acts to amend any provisions of the Charter
pertaining to the role, powers, duties, authority, responsibilities of the Employee's
position that substantially changes the form of government or the duties of the
Employee, the Employee shall have the right to declare that such amendments
constitute involuntary termination .
3. If the Employer reduces the base salary, compensation or any other financial
benefit of the Employee, unless it is applied in no greater percentage than the
average reduction of all department heads, such action shall constitute a breach of
this Agreement and will be regarded as a termination.
4. If the Employee resigns at the request of the Employer, whether formal or informal,
then the Employee may declare an involuntary termination as of the date of the
request.
B. The Employer may terminate the Employee with or without good cause, at any time.
C. For purposes of this Agreement the term "good cause" is defined as follows:
1. Conviction of a felony;
2. Knowingly falsifying records or documents related to the Employer's activities;
or
3. Loss of license to practice law in the State of Texas.
Section 11. Severance
Employer must pay severance as described below to the Employee when employment
is involuntarily terminated without good cause.
A. Employer shall provide a minimum severance payment equal to all amounts then due
and owing to the Employee, plus twelve (12) month's salary at the then current rate of
pay, less customary payroll deductions. This severance shall be paid in a lump sum or
in a continuation of salary on the existing biweekly basis, at the Employee's option.
B. The Employee shall also be compensated for all accrued vacation leave and sick leave.
C. if Employee elects to receive severance in a continuation of salary, insurance and
other benefits set forth in Section 5, leave accruals set forth in Section 6, contribution to
retirement in accordance with Section 8 shall continue for the same period that salary iscontinued .
D. If Employee elects to receive severance in a lump sum, the Employer agrees to make
a contribution to the Employee's deferred compensation account on the value of this
compensation calculated using the then current annual salary of Employee at the date of
termination divided by two thousand and eighty (2080) hours. If the amount of thecontribution under this Section exceeds the limit under the Internal Revenue Code for a
contribution to the Deferred Compensation plan, the remainder shall be paid to the
Employee in a lump sum as taxable compensation.
E. If Employee elects to receive severance in a lump sum, for a minimum period of one
year following termination, the Employer shall pay the cost to continue the followingbenefits :
1. Insurance and other benefits for the employee and all dependents as provided in
Section 5, after which time, Employee will be provided access to health insurance
pursuant to the Consolidated Omnibus Budget Reconciliation Act ("COBRA") or, if
employee is eligible, as a retiree.
2. Any other available benefits to which the Employee is entitled under thisAgreement .
F. If the Employee is terminated for good cause, then the Employer is not obligated to
pay severance under this section but may be required to recognize and pay benefits that
have vested and to which Employee is entitled under the Employer's personnel policies,state law or federal law.
Section 12. Resignation
Nothing in this Agreement shall prevent, limit or interfere with the right of the Employee
to resign at any time. In the event the Employee desires to resign employment, the
Employee shall give written notice to the Employer at least thirty (30) days prior to
separation. The Employer shall have no obligation to pay Attorney any further
compensation after the expiration of the notice period. Upon the effective date of
resignation, the Employer shall pay to the Employee all accrued vacation leave and other
leave to which Employee is entitled under this Agreement or to which the City Manager
or any senior executive would be entitled if the City Manager or other senior executive
resigned. Failure to give the required thirty-day notice constitutes a waiver and forfeiture
of pay for all accrued vacation leave and other leave.
Section 13. Hours of Work
The Employee acknowledges the proper performance of the duties of the Employee will
require the Employee to generally observe normal business hours and will also often
require the performance of necessary services outside of normal business hours, and to
that end Employee shall be allowed to establish an appropriate work schedule. The
Employee agrees to devote such time as is necessary for the full and proper performance
of the Employee's duties and that the compensation herein provided includes
compensation for the performance of all such services. However, the Employer intends
that reasonable time off be permitted the Employee, such as is customary for exempt
employees so long as the time off does not interfere with the normal conduct of the office
of the Employee.
The Employee will devote full time and effort to the performance of the Ernployee's duties,and shall remain in the exclusive employ of the Employer during the term of this
Agreement; provided that, with the prior consent of the Employer, the Employee may
accept temporary, outside professional employment which will not in any way interfere
with the performance of, or the Employee's availability for the performance of, theEmployee's duties hereunder. The term "outside professional employment" means
professional services provided to third parties for which the Employee is compensated
and which are performed on the Employee's time off. The Employer encourages the
Employee to accept invitations to speaking engagements, writing or other opportunities
to communicate with the community, subject to the rules regarding confidentiality and
attorney client privilege to make use of and share data and information with relevant
persons and groups, and encourages the Employee to participate in pertinent seminars,
groups, associations and organizations, as well as in informational meetings with those
individuals whose particular skills, expertise, or backgrounds would serve to improve the
capacity of the Employee to perform the Employee's Duties.
Section 14. Ethical Commitments
Employee shall not endorse candidates, make financial contributions, sign or circulate
petitions, or participate in fundraising activities for individuals seeking or holding elected
office in the governing body, nor seek or accept any personal enrichment or profit derived
from confidential information, or holding office, or misuse of public time. Employer shall
support Employee in keeping these commitments by refraining from any order, direction
or request that would require Employee to undertake any of the aforementioned activities.
Specifically, neither the governing body nor any individual member thereof shall request
Employee to endorse any candidate, make any financial contribution, sign or circulate
any petition, or participate in any fund-raising activity for individuals seeking or holding
elected office, nor to handle any matter involving personnel on a basis other than fairness,
impartiality and merit.
Employee must abide by the standards of ethical conduct as set out in Texas Disciplinary
Rules of Professional Conduct and enforced by the State Bar of Texas, and advises
Employer of the contents of the Texas Lawyer's Creed - a Mandate for Professionalism,
as adopted by the Texas Supreme Court on November 7, 1989.
Section 15. Outside Activities
The employment provided for by this Agreement shall be the Employee's primary
employment. Recognizing that certain outside consulting or teaching opportunities
provide indirect benefits to the Employer and the community, the Employee may elect to
accept limited teaching, consulting or other business opportunities with the understanding
that such arrangements must neither constitute interference with nor a conflict of interest
with the Employee's responsibilities under this Agreement. Any outside consulting or
business opportunities shall be subject to prior approval by the Employer.
Section 16: Indemnification
Employer shall provide legal defense and indemnification to Employee in accordance with
Chapter 2, Article VIII, of the City of Denton Code of Ordinances, as amended.
Section 17: Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee
under any law or ordinance.
Section 18: Other Terms and Conditions of Employment
The Employer, upon agreement with Employee, may fix other terms and conditions of
employment, as it may determine from time to time, provided such terms and conditions
are not inconsistent with or in conflict with any provisions of law.
Employer has appropriated, set aside, and encumbered, and does hereby agree to
budget and appropriate, set aside, and encumber, available and unappropriated funds of
the municipality in an amount sufficient to fund and pay all financial obligations of
Employer pursuant to this Agreement, including but not limited to the severance,
indemnification, and other benefits set forth in this Agreement.
Section 19: General Provisions
A. Merger. This written Agreement contains all the terms and conditions agreed upon by
the parties, and no other agreement, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind either of the parties, or to vary any of
the terms contained in this Agreement.
B. Amendments. The Employer and Employee by mutual written agreement may amend
this Agreement. Such amendments shall be incorporated into and made a part of this
Agreement.
Employer shall seek independent legal counsel to conduct an independent review of
changes to this Agreement during the course of the employment relationship.
C. Assignment. This Agreement may not be assigned by either party without the written
consent of the other party.
D. Severability. If this Agreement contains any unlawful provision not an essential part of
this Agreement and which shall not appear to have been a controlling or material
inducement to the making of this Agreement, the unlawful provision shall be deemed of
no effect and shall, upon agreement by the parties, be deemed stricken from this
Agreement without affecting the binding force of the remainder.
Optional Section 20. Performance Evaluation
A. Employer should annually review the performance of the Employee during the time set
aside each year for the performance review of other Council appointees subject to a
process, form, criteria, and format for the evaluation which shall be mutually agreed upon
by the Employer and Employee. Annually, the Employer and the Employee shall define
such goals and performance objectives which they determine neoessary for the proper
operation of the Employer’s organizatIon in the attainment of the Employer's policy
objectives, and the Employer and the Employee shall further establish a relative priority
among those various goals and objectives to be reduced to writing. The annual
performance reviews and evaluations shall be reasonably related to the Employee's
written job description and shall be based, in whole or in part, on goals for the Employee's
performance that are jointly developed and adopted by the Employer and the Employee.
B. Unless the Employee expressly requests otherwise in writing, the evaluation of the
Employee shaH at all times be conducted in executive session of the governing body,
unless Employee requests that the evaluation be open, and shall be considered
confidential to the extent permitted by law. Nothing herein shall prohibit the Employer or
Employee from sharing the content of the Employee's evaluation with their respective
legal counsel.
C. In the event the Employer determines that the evaluation instrument, format and/or
procedure are to be modified by the Employer, such modifications shall be adopted by
the Employer at least 9 months before being used to evaluate the Employee's
performance.
CITY OF DENTON
”
Gerard Hudspeth, Mayor
MACK REINWANDa \,[ F%/ASignature: