2005-195FILE REFERENCE FORM 2005-195
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILES llate Initials
Amended by Ordinance No. 2005-340 11/08/05 JR
Su erceded by Ordinance No. 2007-065 03/27/07 J R
.S:\Our Documents\Ordinances\05\snyder agreement.doc
ORDINANCE NO. ;:z tJO.0- -I t; h
AN ORDINANCE APPOINTING EDWIN M. SNYDER AS CITY ATTORNEY AND
APPROVING AN EMPLOYMENT AGREEMENT AND AUTHORIZING THE MAYOR TO
EXECUTE THIS AGREEMENT EMPLOYING EDWIN M. SNYDER AS CITY ATTORNEY
OF THE CITY OF DENTON, TEXAS SETTING THE COMPENSATION AND TERMS OF
THAT 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 Edwin M. Snyder as City Attorney 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 1. The City Council hereby appoints Edwin M. Snyder as City Attorney and
approves the attached Employment Agreement employing Edwin M. Snyder as City Attorney
and authorizes the Mayor, or in her absence the Mayor Pro Tem, to execute this Employment
Agreement setting the terms of employment, compensation, and duties of the City Attorney.
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 / tJtftday of 0+ ,2005.
C~~~
EULlNE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS T' LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY
BY:
'1
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ORNEY
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STATE OF TEXAS 0
COUNTY OF DENTON 9
Employment Agreement
This Agreement, made and entered into this 19th day of July, 2005 by and between the City of
Denton, Texas, a Texas municipal corporation, hereinafter called "Employer", and Edwin M.
Snyder, hereinafter called "Employee", both of whom agree as follows:
Witnesseth:
Whereas, Employer desires to employ the services of said Edwin M. Snyder as City Attomey 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 Attomey of said City of Denton,
Texas; and
Whereas, the parties acknowledge that Employee is a member of the State Bar of Texas (State
Bar) and that Employee is subject to the Code of Professional Responsibility of the State Bar;
Now, Therefore, in consideration of the mutual covenants herein contained, the parties agree as
follows:
SECTION I.
DUTIES
Employer hereby engages the employment services of Edwin M. Snyder as City Attomey 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
pennissible 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.
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C. Employee shall assume the duties of City Attorney on Tuesday, July 19, 2005, and agrees
to remain in the exclusive employ of Employer until January I, 2007, 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. 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 of removal 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 Attorney, 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 of incompetency, official misconduct, or intoxication on or off
duty caused by drinking an alcoholic beverage; then, in those events, the City shall have
no obligation to pay the aggregate severance sum designated herein
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 City refuses, following a written
notice, to comply with any other provision benefiting Employee herein; or (4) in the
event Employer refuses, following written notice, to comply with any other provision
benefiting Employee herein, or Employee resigns following an indication by a majority
of a quorum of the Council that they desire him to resign. Then, in 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.
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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 $140,000, 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 fririge 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, retirement under the Texas Municipal
Retirement System, and other benefits as provided to other Council appointees of the
City.
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 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 of Denton Legal
Department, 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
It is recognized by both Employer and Employee that the duties of City Attorney 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 offis not considered vacation, neither is it to
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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 Attorney, 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 intends 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 $550 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 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 4% of Employee's annual base salary to ICMA-RC's 457 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" provisions.
B. Employer agrees to pay the percentage of the cost of Employee's participation in the
TMRS retirement program, in accordance with Employer's current policy for other
executive-level employees.
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.
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SECTION 11.
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 Attorney, and for the good of the Employer in
amounts that are approved by the City Council in the annual budget for the City's Legal
Department.
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 Municipal Lawyers Association, the Texas City Attorneys Association, 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 Legal
Department.
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 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 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.
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.
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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 has appropriated, set aside and encumbered, and does hereby appropriate, set
aside, and encumber available and unappropriated 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
C~~
Euline Brock, Mayor
ATTEST:
Jennifer Walters, City Secretary
APPRO ED AS 0 LEGAL FORM:
Herbert L. Prouty, Consulting Assistant City Attorney
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BY: r~~f;/f~1;
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