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HomeMy WebLinkAboutBrammell Thomas; 1986-11-05;EMPLOYMENT AGREEMENT BETWEEN THOMAS L. BRAMMELL AND COSTA REAL MUNICIPAL WATER DISTRICT This agreement is made and entered into into between THOMAS L. BRAMMELL (hereinafter referred to as "Brammell") and COSTA REAL MUNICIPAL WATER DISTRICT (hereinafter referred to as "District"), in view of the following facts: A. Brammell is presently the acting General Manager of District, which is a municipal water district, purchasing, storing, treating, and delivering water in the City of Carlsbad and surrounding areas of the County of San Diego. He has been employed by District in various capacities for over five years and has served as acting General Manager for over two months. As a result of his long service, he has acquired skill and experience that is of substantial benefit to District. b. In recent years, District has grown in complexity of operation, requiring an experienced and skilled general manager. The district now has some 40,000 residents. It operates dams, water treatment stations, numerous reservoirs and many miles of pipelines. It is anticipated that numerous critical issues will be confronted by District during the next few years, including, among others, major changes in water treatment processes to meet new Environmental Protection Agency standards, installation of supervisory control equipment, modeling of the water system to facilitate system control and to prepare for further major system expansions, and updating of policies and procedures of District. It is critical to the continued efficient and effective operations of District that its management personnel be retained. C. District desires to assure itself of the continued services of Brammell, and the parties desire by this agreement to fix the duties and compensation for his continued employment. NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. Employment District hereby employs Brammell, who accepts such employment, to serve as its General Manager. 2. Compensation a. Annual Salary. Effective October 1, 1986, Brammell shall be paid a salary of $61,600 annually, payable in biweekly installments. Brammell's salary shall not be reduced during the term of this agreement. Brammell's salary shall be increased, as of July 1, 1987, and as of July 1 of each year thereafter during the term of this agreement, by a percentage equal to the average annual percentage change in the CPI-U Index for San Diego County for the preceding calendar year, in the event of the approval of Proposition 61 by the voters of California. In the event the measure is not approved, the District agrees to increase said base salary in such amounts and to such extent as the Board may determine that it is desirable to do on the basis of an annual salary review of Brammell made in accordance with the policy on management compensation contained in the Administrative Code, as that policy may from time to time be amended. - 2 - b. Fringe Benefits. Brammell shall receive fringe benefits, as established from time to time by District for other employees of District. These shall include participation in the Public Employees Retirement System; health, accident, life, dental, and disability insurance benefits; educational reimbursement consistent with the Administrative Code policy then in effect, as approved by the Board; vacation, holiday, and sick leave time. Brammell shall be entitled to such benefits based on his period of continuous service to the District. Brammell shall receive, in addition to the life insurance provided for all employees, $25,000 of life insurance. c. Automobile Allowance. Brammell shall receive an automobile allowance of $300 per month. d. Expense Allowance and Reimbursement. Brammell shall be reimbursed for all sums (other than automobile expenses) necessarily incurred or paid by him in the performance of his duties or incurred while traveling on business pertaining to the Costa Real Municipal Water District under direction of the Board of Directors of Costa Real Municipal Water District. Reimbursement shall only be made, however, when a verified, itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented to the Board of Directors of Costa Real Municipal Water District and duly approved; except that Brammell shall be permitted to expend $200 per month, or such higher sum as the Board may from time to time - 3 - fix, without further Board approval, for nonpersonal, job- affiliated business expenses, which may include travel, subsistence, registration fees, and similar expenditures. e. Membership and Participation. District agrees to maintain membership in and pay for dues and subscriptions necessary for Brammell to fully participate in national, regional, state, and local organizations and associations necessary and desirable for Brammell's professional growth and beneficial to the District. 3. Duties Brammell shall perform the duties of General Manager, as established or authorized from time to time by law or by the Board of Directors of District, which may include a significant number of duties formerly performed by the Controller, and in accordance with the Administrative Code. He shall be the chief executive officer of District, responsible directly to the Board of Directors. 4. Term This agreement shall continue in full force and effect until October 1, 1989, or until Brammell's employment is terminated as provided in section 5 hereof, whichever occurs first. The term of agreement shall thereafter be extended for successive two-year periods, unless either party gives notice of intent not to renew within ninety days of scheduled expiration of the agreement. Brammell agrees to remain in employment of District until at - 4 - least October 1, 1989. During this period, Brammell agrees not to retire or to voluntarily terminate his employment, except as provided in section 5 hereof. 5. Termination a. By Notice by District. (i) District may terminate Brammell's employment, and therefore this agreement, without cause, at any time, but in such event, District shall pay to Brammell, upon such termination, an amount equal to 90 days of his then annual salary. To the extent permitted by law, this provision shall not be effective for ninety days after any General Election at which any seat on the Board of Directors is contested. During any such period, only subparagraph (ii) shall be effective. (ii) Notwithstanding any other provision of this agreement, District shall have the right to terminate Brammell's employment and thereby terminate this agreement for cause, which shall mean (a) any willful breach of duty by Brammell in the course of his employment or (b) the commission of any act (such as bribery, perjury, embezzlement, fraud, or other malfeasance) which would disqualify him to be an officer of District. In the event the employment of Brammell is terminated by District pursuant to this paragraph, he shall be entitled to no salary or fringe benefits, other than as provided by law, beyond the date of his termination. If it is judicially determined that such discharge was wrongful or not justified on the part of District, - 5 - Brammell shall be deemed to have been terminated pursuant to paragraph 5(a)(i) of this agreement, effective on the date of his termination. b. By Death or Disability. The employment of Brammell and this agreement shall automatically terminate upon the death of Brammell or upon the termination of his employment because of the disability of Brammell. As used herein, "disability" shall have the same meaning and shall be determined in the same manner as provided in the California Public Employees Retirement Law. Neither Brammell nor his heirs, administrators, or assigns shall have any right under this agreement to salary or fringe benefits after such death or disability, except as otherwise provided by law. c. By Notice By Brammell. In the event Brammell desires to terminate his employment, he shall give the District sixty days' notice of his resignation. 6. Miscellaneous a. Attorneys Fees. Should either party commence any legal action or proceeding against the other based upon this agreement, the prevailing party shall be entitled to an award of reasonable attorneys fees. b. Existing Benefits. This agreement is not intended to reduce or take away any benefits which Brammell may have by reason of his prior employment by District. It is intended to provide a degree of executive stability and independence so that the duties of the office of General Manager can be competently and faithfully exercised. - 6 - """> c. Hours of Work. Brammell shall not be required to work any set number of hours or work-week but it shall be generally expected that he shall work a 5-day week; however, Brammell shall not spend more than ten hours in any week in teaching, counseling, or non-District business during regular office hours of the District, except as approved or ratified by the Board. This provision shall not affect Brammell's use of vacation, sick leave, disability leave, or holidays, as may be authorized in the Administrative Code for all employees. d. Notices. Notices under this agreement shall be effective upon personal delivery, or upon deposit in the United States Mail to: President Costa Real Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 Thomas L. Brammell 3342 Bajo Court Carlsbad, CA 92009 IN WITNESS WHEREOF, the parties have executed this agreement as of the #6 day of /^i^^^y^^/, 1986. ^THOMAS L. BRAMMELL COSTA REAL MUNICIPAL WATER DISTRICT Presidej*t {GMCRMW.TB} - 7 -