Loading...
2006-256 .S:\Our Documents\Ordinanccs\06\campbell agreement.doc ORDINANCE NO. .JOIJI? - 2!J (; AN ORDINANCE APPOINTING GEORGE C. CAMPBELL AS CITY MANAGER AND APPROVING AN EMPLOYMENT AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT SETTING THE COMPENSATION AND TERMS OF EMPLOYMENT; AUTHORIZING EXPENDITURES AND ACTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council Appointee Performance Review Committee has recommended that the City Council appoint George C. Campbell as City Manager and that he be employed in accordance with the terms of the Employment Agreement which is attached to and made a part of this ordinance for all purposes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The City Council hereby appoints George C. Campbell as City Manager and approves the attached Employment Agreement employing George C. Campbell as City Manager and authorizes the Mayor, or in his absence the Mayor Pro Tern, to execute this Employment Agreement setting the terms of employment, compensation, and other matters related to the employment of the City Manager. SECTION 2. The expenditures and all other actions set forth in the Agreement are hereby authorized and approved. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the Nf!t day of \ C)pfetn be r ,2006. p~~f~v:1~ ATTEST: JENNIFER WALTER, CITY SECRETARY FORM: ATTORNEY BY: . S:\Our Documents\Contracts\06\City Manager Employment Agreement-2.doe STATE OF TEXAS ~ COUNTY OF DENTON ~ Employment Agreement This Agreement, made and entered into this 19th day of September, 2006 by and between the City of Denton, Texas, a Texas municipal corporation, hereinafter called "Employer", and George C. Campbell, hereinafter called "Employee", both of whom agree as follows: Witnesseth: Whereas, Employer desires to employ the services of Employee as City Manager of the City of Denton, and Whereas, it is the desire of Employer to (1) secure and retain the services of Employee and to provide inducement for him to remain in such employment, (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security, and (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of the Employee; and Whereas, Employee desires to accept employment as City Manager of said City of Denton, Texas; and Whereas, the parties acknowledge that Employee is a member of the International City/County Management Association (lCMA) and that Employee is subject to the ICMA Code of Ethics; , Now, therefore, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1. DUTIES Employer hereby engages the employment services of Employee as City Manager of said Employer to perform the functions and duties specified by the Denton City Charter, the City Code, the laws of the State of Texas, and all other applicable laws, and to perform other legally permissible and proper duties and functions as Employer shall from time to time assign. SECTION 2. TERM A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employer to terminate the services of Employee at any time, subject only to the provisions set forth in Section 4, paragraphs A and B of this Agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with the Employer, subject only to the provision set forth in Section 4, paragraph C, of this Agreement. . I 4 S:\Our Documcnts\Contraets\06\City Manager Employment Agreement-2.doe C. Employee shall perform the duties of City Manager beginning on November 1, 2006, and agrees to remain in the exclusive employ of Employer until December 31, 2011 and neither to accept other employment nor to become employed by any other employer until this Agreement is terminated by either party as provided herein. This Agreement shall automatically renew for successive one year terms unless Employer gives Employee at least 30 day written notice of termination prior to such one year extension. The term "employed" shall not be construed to include occasional teaching, writing, or consulting performed on Employee's time off, so long as it is approved in accordance with Section 8 hereof. SECTION 3. SUSPENSION/REMOV AL Subject to the provisions of Section 4 below, Employer may suspend or remove the Employee with or without full pay and benefits at any time during the term of this Agreement, but only if: 1. Employer and Employee agree, or 2. At least 30 days before the suspension or removal shall become effective, the City Council shall by a majority vote of its members adopt a preliminary resolution stating the reasons for his 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 days nor later than 30 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 9551.074. Pending such hearing, the Council may suspend Employee from duty, but may not suspend or reduce his salary. After such hearing or public hearing, if one be requested, and after full consideration, the Council by majority vote may adopt a final resolution ofremoval or suspension. SECTION 4. SEPARATION AND SEVERANCE PAY A. Employee serves at the will and pleasure of the City Council. In the event of his involuntary separation as City Manager, he shall be entitled to receive a lump sum payment equal to six months aggregated salary; provided, however, that in the event of his termination because of his conviction for any offense involving moral turpitude or an illegal act involving personal gain to him, or as provided in Section 87.013 of the Local Government Code any act ofincompetimcy, official misconduct, or intoxication on or off duty caused by drinking an alcoholic ]]'everage; then, in those events, the City shall have no obligation to pay the aggregate severance sum designated herein. At the end of six months following the effective date ,of this Agreement the Employer will consider extending the lump sum severance amount to an additional six months aggregated salary if the Employer is satisfied with Employee's performance at that time. B. Involuntary separation as used in this paragraph means: (1) his discharge or dismissal by the City Council; or (2) his resignation following a reduction in salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all City employees; or (3) in the event the Employer refuses, following a written notice, to comply with any other provision benefiting Employee herein. Then, in 2 S:\Our Documcnts\Contracts\06\City Manager Employment Agreement-2.doe the event of one of the occurrences listed above, Employee may, at his option, be deemed "terminated" at the date of such reduction in payor Employer's refusal to comply within the meaning of the context of the severance pay provision. C. In the event Employee voluntarily resigns his position with Employer before expiration of the aforesaid term of his employment, then Employee shall give Employer 30 days notice in advance, unless the parties otherwise agree. SECTION 5. SALARY A. Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $192,000, payable in installments at the same time as other employees of the Employer are paid. All provisions of the City Charter, City Code, and Rules and Regulations of the City adopted by the City Council relating to 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 em]?loyees of the City, which benefits include health insurance, long-term disability insurance, retirement under the Texas Municipal Retirement System, and other benefit~ as provided to other Council appointees of the City. However, Employee may elect not to participate in the Employer's health insurance plan, in which case he will.be entitled to an additional sum of up to $8,000 annually, which will be paid in installments at the time his salary is paid. B. In addition, Employer agrees to increase said base salary and/or other benefits of Employee in such amounts and 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 review of said Employee made at the same time as similar consideration is given other Council appointees. SECTION 6. PERFORMANCE EV ALVA TION 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 of Denton, Texas, and in the attainment of the Council's policy objectives and shall further establish a relative priority among those various goals and objectives. C. In effecting the provision of this Section, the Council and the Employee mutually agree to abide by the provisions of applicable law. SECTION 7. HOURS OF WORK ;3 I S:\Our Documents\Contracts\06\City Manager Employment Agrcement-2.doc It is recognized by both Employer and Employee that the duties of City Manager 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 his 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 his 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. SECTION 8. OUTSIDE ACTIVITIES Employee is entitled to devote whatever amount of time he 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 his duties as City Manager, and provided that Employee first notifies the Council Appointee Performance Review Committee that he intends to engage in such activity, including the amount of time he intenf3s to devote to this activity and his engagement in the activity is approved by the Chair of the Committee. SECTION 9. 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 car allowance of $1000 per month for providing such vehicle. The Einployee shall be responsible for the purchase, maintenance, insurance, taxes, etc. for said vehicle. The monthly allowance will be considered for increase during the performance evaluatiof! process. The Employer also agrees to reimburse Employee for mileage for out-of-county travel 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 10. RETIREMENT A. Employer agrees to execute all necessary agreements provided by the International City/County Management Association - Retirement Corporation (ICMA-RC) for Employee's participation in said ICMA-RC retirement plans. Employer further agrees to contribute a total of 10% of Employee's annual base salary to ICMA-RC's 457, 40lA plans, and/or another approved deferred compensation plan. All sums contributed to said plans shall be in addition to Employee's base salary. Employer also agrees to allow Employee to contribute whatever portion of his base salary he may deem appropriate to said plan, including "catch-up" provisi9ns. B. Employer agrees to pay the percentage of the cost of Employee's participation in the TMRS retirement program, in accor1ance with Employer's current policy for other executive-level employees. 4 S:\Our Documents\Contracts\06\City Manager Employment Agreemellt-2.doc C. 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 sick leave, 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 II. DUES, MEMBERSHIPS AND SUBSCRIPTIONS Employer agrees to budget and to pay for the professional dues, memberships and subscriptions of Employee necessary for his continuation of full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement as City Manager, and for the good of the Employer in amounts that are approved by the City Council in the annual budget for the City's General Government. SECTION 12. 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 Annual Conference of the International City/County Management Association, any Texas Association of City Management meetings, and other such national, regional, state and local groups and committees thereof which Employee serves as a member in the amounts approved by the City Council in the annual budget for the City's City Manager - Administration. SECTION 13. 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 14. OTHER TERMS AND CONDITIONS OF EMPLOYMENT , A. The City Council, upon recommendation of the Council Appointee Performance Review Committee and in consultation with tre 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 ame,ndment to this Agreement. B. All provisions of the City Charter and 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 5 S:\Our Documents\Contracts\06\City Manager Employment Agreement-2.doe Employer in addition to said benefits enumerated specifically for the benefit of Employee. SECTION 15. GENERAL PROVISIONS A. The text herein shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. 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 several, shall not be affected and shall remain in force and effect. D. The venue of any litigation involving this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. SECTION 16. APPROPRIATIONS 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. IN WITNESS WHEREOF, the Mayor as duly authorized by the City 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. CITY OF DENTON, TEXAS e~~. )Y)f fLJI PERRY R. McNEILL, MAYOR &~rQ~~ GEORGE C. CAMPBELL CITY MANAGER 6