HomeMy WebLinkAbout2019-09-10; City Council; Resolution 2019-167Exhibit 1
RESOLUTION NO. 2019-167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE AMENDED AND RESTATED CITY MANAGER
EMPLOYMENT AGREEMENT WITH SCOTT CHADWICK WITH AN ANNUAL
FISCAL IMPACT OF $11,232
WHEREAS, the City Council desires to approve the Amended and Restated City Attorney
Employment Agreement with Scott Chadwick; and
WHEREAS, this Amended and Restated City Manager Employment Agreement increases
the City Manager's base salary from $295,581 to $306,813 per year, as further set forth in Exhibit
2 to the accompanying staff report and attached hereto.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California
as follows:
1. That the above recitations are true and correct.
2. That the Amended and Restated City Manager Employment Agreement with Scott
Chadwick set forth in the attached Exhibit 2 is approved.
3. That the Fiscal Year 2019-20 impact is $11,232, and will be paid for out of the
existing City Manager budget in the General Fund.
4. That the Mayor of the City of Carlsbad is authorized to execute the Amended and
Restated City Manager Employment Agreement with Scott Chadwick on behalf of
the City of Carlsbad.
Sept. 10, 2019 Item #6 Page 3 of 9
Exhibit 1
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council ofthe City of
Carlsbad on the 10th day of September 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Blackburn, Bhat-Patel, Schumacher, Hamilton.
Hall.
None.
2
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Sept. 10, 2019 Item #6 Page 4 of 9
CITY OF CARLSBAD
AMENDED AND RESTATED
CITY MANAGER EMPLOYMENT AGREEMENT
This Amended and Restated City Manager Employment Agreement ("Agreement") is
entered into as of the date this Agreement is approved by the Council for the City of Carlsbad,
by and between the City of Carlsbad, California, a municipal corporation (the "City"), and Scott
Chadwick, an individual (the "City Manager"). The City and City Manager are sometimes
individually referred to as a "Party" and collectively as "Parties."
RECITALS
WHEREAS, Chapter 2.12 of the Carlsbad Municipal Code provides for the Office of the
City Manager who shall be appointed and retained by the City Council wholly on his
management ability and experience, particularly in the municipal management field and shall
hold that office for and during the pleasure of the City Council; and
WHEREAS, on June 12, 2018, the Council adopted a resolution establishing an
employment agreement, effective August 1, 2018, with Scott Chadwick as City Manager; and
WHEREAS, on July 9, 2019, the Council conducted a performance review of Scott
Chadwick and authorized changes to his employment agreement; and
WHEREAS, it is the desire of the Parties hereto to act as a deterrent against malfeasance
or dishonesty for personal gain on his part; and to provide for terminating his services at such
time as he may be unable to fully discharge his duties or when the City Council may otherwise
desire to terminate his employment; and
WHEREAS, it is the desire of the Parties to enter into this Agreement on the terms and
conditions set forth below; and
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
Parties agree as follows:
SECTION I -DUTIES
The City Council hereby agrees to the employment of Scott Chadwick as City Manager
and to exercise the powers, duties and responsibilities set forth in Carlsbad Municipal Code
Chapter 2.12 and applicable state law and such other applicable ordinances and resolutions
now in effect or hereafter adopted by the City Council. City Manager is subject to and shall
comply with the provisions of California Government Code Title 5, Division 2, Part 1, Chapter2,
Article 2.6, entitled "Abuse of Office," (California Government Code sections 53243 et seq.)
1 Sept. 10, 2019 Item #6 Page 5 of 9
SECTION II -TERM
Effective August 1, 2018, Scott Chadwick is appointed as City Manager and shall
continue in that capacity and shall continue to fulfill the powers, functions and duties of City
Manager and shall serve in that capacity until such time as this Agreement is terminated
pursuant to Section IV below. The purpose of this paragraph is to ensure compliance with
Government Code section 53260 et seq. Nothing in this Agreement shall prevent, limit or
otherwise interfere with the right of City Manager to resign at any time subject only to the
provisions set forth in Section IV below. City Manager agrees to remain in the exclusive employ
of the City and neither to accept other employment nor to become employed by any other
employer without the express written permission of the City Council; provided, nothing
contained herein shall be construed or interpreted to prohibit City Manager from engaging in
such occasional activity such as teaching, writing or consulting which activity shall only be
conducted apart from his normal and regular functions and duties.
SECTION Ill-COMPENSATION
A. Base Salary
Effective as of July 1, 2019, the annual base salary for City Manager shall be $306,813
which shall be paid bi-weekly, $11,800.50 per completed pay cycle. This includes the
compensation for the additional positions of Executive Manager of the Carlsbad Water
District and/or other boards or commissions that assemble and require the services of
City Manager.
B. Deferred Compensation
Effective August 1, 2018, the City shall make contributions on behalf of the City
Manager to a section 457 Deferred Compensation Plan in the maximum amount
allowable, taking into account all prior contributions made by or on behalf of the
City Manager since January 1, 2018. Contributions shall be prorated over the
remaining number of pay periods in the 2018 calendar year.
Beginning January 1, 2019, the City shall make an annual contribution on behalf of
· City Manager to a section 457 Deferred Compensation Plan in the maximum
amount allowable, prorated over the number of pay periods in the calendar year.
c. Retirement
The City Manager will be enrolled in the miscellaneous Cal PERS retirement system in
accordance with the PEPRA rules (California Government Code sections 7522 et seq.)
under the City's "Tier 2" which consists of a 2% at 60 years of age formula with a three
(3) year final average earnings and pensionable compensation cap. The City Manager
will be responsible for the Cal PERS' employee contribution.
2 Sept. 10, 2019 Item #6 Page 6 of 9
SECTION IV -SEPARATION FROM EMPLOYMENT
In the event the City Council terminates this Agreement during which time City Manager
is ready, willing and able to perform the functions and duties set forth herein, then, in that
event, City Council agrees to continue City Manager's base salary and health benefits (i.e.
health, dental and vision) for a period of twelve months or, upon mutual agreement, pay a
single lump sum payment equal to one (1) year base salary.
SECTION V-VEHICLE ALLOWANCE OR PROVISION OF VEHICLE
City Manager's functions and duties require him to have use of an automobile during his
employment with the City. The City shall provide City Manager the monthly sum of $1000 for
the expense of owning, operating and maintaining and insuring his personal automobile. City
Manager shall keep and maintain in full force and effect personal liability and property damage
insurance in the minimum amounts of $250,000 per person and $500,000 per occurrence and
property damage of $100,000, and shall name the City of Carlsbad as an additional insured. The
amounts received under this section are in addition to the base salary and shall be considered
as part of the total cash compensation discussed in Section Ill, above.
SECTION VI -OTHER SUPPLEMENTAL BENEFITS
City Manager shall accrue vacation leave and sick leave as provided for under existing
City policy. City Manager shall be credited for twenty years of service credit in calculating leave
accrual rates and City Manager shall be permitted to earn and accrue up to three hundred
twenty (320) hours of vacation. All other actions taken by the City Council relating to fringe
benefits for management employees shall be considered actions granting the same to City
Manager, except that City Manager may decline any fringe benefits to the extent permitted or
authorized by law, City policy, or this agreement. As used herein, fringe benefits include but are
not limited to vacation, sick leave, educational benefits as they existed on the date of the
approval of this Agreement, holidays, retirement (PERS), benefits and payments, health
insurance, dental insurance, long-term disability insurance and life insurance as set forth in the
Performance Management and Compensation Plan and elsewhere. City Manager may elect to
participate in any of the medical insurance programs offered by the City.
SECTION VII -ANNUAL REVIEW
The City Council shall review and evaluate the performance of City Manager in July of
each year. This review and evaluation of performance and salary shall be in accordance with the
criteria developed jointly by the City Council and City Manager. The Mayor shall provide City
Manager with a summary written statement of the findings of the City Council and provide an
adequate opportunity for City Manager to discuss his evaluation with the City Council. The
Mayor shall report out and authorize the Human Resources Director to make changes to the
salary or other agreed benefits to this or subsequent employment contracts in accordance with
all applicable laws.
3 Sept. 10, 2019 Item #6 Page 7 of 9
SECTION VIII -ANNUAL GOAL SETTING
Annually, the City Council and City Manager shall define such goals and performance
objectives which they determine necessary for the proper operation of the City and an
attainment of the City Council's policy objectives. They shall also establish a relative priority
among these various goals and objectives and this should be reduced to writing.
SECTION IX -PROFESSIONAL AND ORGANIZATIONAL DEVELOPMENT
All normal business expenses, such as attendance at the League of California Cities,
ICMA, or other association or industry association meetings and conferences as well as business
lunches, dinners, etc., will be provided for separately in the operating budget of the City
Manager's office. The City Council continues to support and encourage continuing development
and professionalism of the City organization and its employees. As such, the City Council
supports City Manager's organizational development efforts, including but not limited to,
employee development, department development, and organization-wide development. These
efforts shall support the City Council Vision and Goals and provide for the ongoing development
of a high-performing organization.
SECTION X -EFFECTIVE DATE
The effective date of this Agreement is the date this Agreement is executed by all
parties. All salary and other compensation benefits shall be paid retroactive to July 1, 2019.
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4 Sept. 10, 2019 Item #6 Page 8 of 9
SECTION XI -NOTICES
Notices pursuant to this Agreement shall be given by deposit in the custody of the
United States Postal Service, postage prepaid, addressed as follow or as such address may be
changed from time to time upon written notice to the other:
CITY: MAYOR
City of Carlsbad, City Hall
1200 Carlsbad Village Drive
Carlsbad, California 92008
IN WITNESS WHEREOF, the City and City Ma
date written below.
Dated: _ _._\_.__,\~-----tL......Cl__.9 __
Dated: C/ -I/ -/ °! --------'-----'----
ATTEST:
ASSISTANT CITY ATTORNEY
5
CITY MANAGER: SCOTT CHADWICK
1200 Carlsbad Village Drive
Carlsbad, California 92008
Sept. 10, 2019 Item #6 Page 9 of 9