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HomeMy WebLinkAbout2013-03-12; City Council; 21149; Approval City Manager Employment AgreementCITY OF CARLSBAD - AGENDA BILL AB# 21.149 APPROVAL OF CITY MANAGER EMPLOYMENT AGREEMENT DEPT. HEAD MTG. 03/12/13 APPROVAL OF CITY MANAGER EMPLOYMENT AGREEMENT CITY ATTY. p/^ DEPT. Mayor APPROVAL OF CITY MANAGER EMPLOYMENT AGREEMENT CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2013-054 approving the City Manager Employment Agreement. ITEM EXPLANATION: The City Council will appoint Mr. John Coates to the position of City Manager, effective March 12, 2013 at which time he will be duly sworn into that position. The attached agreement sets forth the terms and conditions of the appointment. Mr. Coates has accepted and agreed to the established terms and conditions. FISCAL IMPACT: Sufficient funding for this agreement has been included in the City Manager's operating budget for the current fiscal year. ENVIRONMENTAL IMPACT: The requested action is not a "project" within the definition of California Code of Regulations, Title 14, Chapter 3, Section 15378(a) since the action has no potential for resulting in either a direct change in the environment or a reasonably foreseeable indirect change in the environment. EXHIBITS: A. Resolution No. 2013-054 approving the City Manager employment agreement B. City Manager Employment Agreement DEPARTMENT CONTACT: Mayor Matt Hall FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • 1 RESOLUTION NO. 2Q13-Q54 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE CITY ^ MANAGER EMPLOYMENT AGREEMENT 4 5 WHEREAS, the City Council desires to approve the employment agreement of 6 John Coates as City Manager, and 7 WHEREAS, those functions, duties, obligations, benefits and compensation are accurately set forth in the Employment Agreement attached hereto as Exhibit 2. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows that: 1. The above recitations are true and correct. 8 9 10 11 12 j3 2. That the City Manager's Employment Agreement set forth as Exhibit 2 is 14 approved. 15 3. That the funds sufficient to pay for the City Manager compensation and 1^ benefits have been included in the City Manager's operating budget for the current fiscal year. 18 " 19 20 21 22 23 24 // 27 28 25 // 26 // // z 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City of Carisbad on the 12th day of March 2013, by the following vote to wit: AYES: Council Members Hall, Packard, Wood, Blackburn, Douglas. NOES: None. ABSENT: None. (SEAL) ON, City Clerk City of Carisbad City Manager Employment Agreement This Agreement is entered into as of February 27, 2013 by and between the City of Carisbad, California, a municipal corporation (the "City"), and John Coates, an individual (the "City Manager"). The City and the City Manager are sometimes individually referred to as a "Party" and collectively as "Parties." RECITALS WHEREAS, Chapter 2.12 ofthe Carlsbad Municipal Code provides for the Office ofthe City Manager who shall be appointed and retained by the City Council wholly on the basis of his administrative and executive ability and qualifications, and shall hold that office for and during the pleasure of the City Council, and WHEREAS, the Council desires the employment of John Coates as City Manager, and WHEREAS, it is the desire ofthe 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. NOW, THEREFORE, in consideration ofthe mutual covenants herein contained, the parties agree as follows: SECTION I - DUTIES The City Council hereby agrees to the employment of John Coates as City Manager and to exercise the powers, duties and responsibilities set forth in Carisbad 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. SECTION ll-TERM John Coates is appointed as City Manager, effective on March 12, 2013 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 term of this Agreement shall commence on the date approved by the City Council. The purpose of this paragraph is to ensure compliance with Government Code sections 53260 et seq. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the 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 or to become employed by any other employer without the express 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 III-SALARY The annual base salary for the City Manager shall be $220,500 which shall be paid bi-weekly, $8480.77 per completed pay cycle. This includes the compensation for the additional positions of Executive Director of the Community Development Commission, Executive Manager ofthe Carlsbad Municipal Water District, the Public Financing Authority and or other boards or commissions that assemble and require the services of an Executive Director or Manager. SECTION IV - SEPARATION FROM EMPLOYMENT In the event the City Council desires to terminate 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 pay City Manager any amount that may be due at the time of termination of employment of this Agreement. SECTION V - VEHICLE ALLOWANCE OR PROVISION OF VEHICLE The City Manager's functions and duties require him to have use of an automobile during his employment with the City. The City shall reimburse the City Manager the monthly sum of $350 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 Carisbad as additional insured. The amounts received under this section are in addition to the base salary and shall be considered as part ofthe total cash compensation discussed in Section III above. SECTION VI - OTHER SUPPLEMENTAL BENEFITS The City Manager shall accrue vacation leave and sick leave as provided for under existing City policy. All other actions taken by the City Council relating to fringe benefits for management employees shall be considered actions granting the same to the City Manager, except that the 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 ofthe approval ofthis 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. The City Manager may elect to participate in any ofthe medical insurance programs offered by the City. SECTION Vll - ANNUAL REVIEW The City Council shall review and evaluate the performance of the City Manager in January 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 the City Manager. The Mayor shall provide the City Manager with a summary written statement of the findings of the City Council and provide an adequate opportunity for the 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. SECTION VIII - ANNUAL GOAL SETTING Annually, the City Council and the 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, the Alliance for Innovation, CCMF and the International City Managers' 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 ofthe City organization and its employees. As such, the City Council supports the 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. The parties acknowledge that the City Manager is a member ofthe International City Management Association ("ICMA"). The parties mutually desire that the City Manager be subject to and comply with the ICMA Code of Ethics (Attachment A). The City Manager commits to comply with the ICMA Code of Ethics. The City and the City Council agree that neither the City Council nor any of its members will give the City Manager any order, direction, or request that would require the City Manager to violate the ICMA Code of Ethics. SECTION X - EFFECTIVE DATE The effective date ofthis contract is March 12, 2013 and all salary and other compensation benefits shall be paid retroactive and or in accordance to that date. SECTION XI - NOTICES Notices pursuant to this Agreement shall be given by deposit in the custody ofthe 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 Carisbad City Hall 1200 Carlsbad Village Drive Carlsbad, California 92008 CITY MANAGER: JOHN COATES 1191 Avenida Esteban Encinitas, CA 92024 IN WITNESS WHEREOF, the City and the City Manager have caused this Agreement to be executed on the day and year first written above. "City" CITY OF CARLSBAD A Municipal Corporation "City Manager" JOHN COATES Mayor Signature ATTEST: Bv; APPROVED AS TO FORM ^~~~^iTy7^ttumey ^^^^5.P5. ICMA Code of Ethics With Guidelines The ICMA Code of Ethics was adopted by the ICMA membership in 1924, and most recently amended by the membership in May 1998. The Guidelines for the Code were adopted by the ICMA Executive Board in 1972, and most recently revised in July 2004. The mission of ICMA is to create excellence in local governance by developing and fostering professional local government management woridwide. To further this mission, certain principles, as enforced by the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall: 1. Be dedicated to the concepts of effective and democratic local government by responsible elected officials and believe that professional general management is essential to the achievement of this objective. 2. Affirm the dignity and worth of the services rendered by government and maintain a constructive, creative, and practical attitude toward local government affairs and a deep sense of social responsibility as a trusted public servant Guideline Advice to Officials of Other Local Governments. When members advise and respond to inquiries from elected or appointed officials of other local governments, they should inform the administrators of those communities. 3. Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the respect and confidence of the elected officials, of other officials and employees, and of the public. Gt7/cfe//A7es Public Confidence. Members should conduct themselves so as to maintain public confidence in their profession, their local government, and in their peri'ormance of the public trust. Impression of Influence. Members should conduct their official and personal affairs in such a manner as to give the clear impression that they cannot be improperiy influenced in the performance of their official duties. Appointment Commitment Members who accept an appointment to a position should not fail to report for that position. This does not preclude the possibility of a member considering several offers or seeking several positions at the same time, but once a bona fide offer of a position has been accepted, that commitment should be honored. Oral acceptance of an employment offer is considered binding unless the employer makes fundamental changes in terms of employment. Credentials. An application for employment or for ICMA's Voluntary Credentialing Program should be complete and accurate as to all pertinent details of education, experience, and personal history. Members should recognize that both omissions and inaccuracies must be avoided. Professional Respect. Members seeking a management position should show professional respect for persons formeriy holding the position or for others who might be applying for the same position. Professional respect does not preclude honest differences of opinion; it does preclude attacking a person's motives or integrity in order to be appointed to a position. Reporting Ethics Violations. When becoming aware of a possible violation ofthe ICMA Code of Ethics, members are encouraged to report the matter to ICMA. In reporting the matter, members may choose to go on record as the complainant or report the matter on a confidential basis. Confidentiality. Members should not discuss or divulge information with anyone about pending or completed ethics cases, except as specifically authorized by the Rules of Procedure for Enforcement of the Code of Ethics. Seeking Employment. Members should not seek employment for a position having an incumbent administrator who has not resigned or been officially informed that his or her services are to be terminated. 4. Recognize that the chief function of local government at all times is to serve the best interests of all of the people. Guideline Length of Service. A minimum of two years generally is considered necessary in order to render a professional sen/ice to the local government. A short tenure should be the exception rather than a recurring experience. However, under special circumstances, it may be in the best interests of the local government and the member to separate in a shorter time. Examples of such circumstances would include refusal of the appointing authority to honor commitments concerning conditions of employment, a vote of no confidence in the member, or severe personal problems. It is the responsibility of an applicant for a position to ascertain conditions of employment. Inadequately determining terms of employment prior to arrival does not justify premature termination. 5. Submit policy proposals to elected officials; provide them with facts and advice on matters of policy as a basis for making decisions and setting community goals; and uphold and implement local government policies adopted by elected officials. Guideline Conflicting Roles. Members who serve multiple roles- working as both city attorney and city manager for the same community, for example-should avoid participating in matters that create the appearance of a conflict of interest. They should disclose the potential conflict to the governing body so that other opinions may be solicited. 6. Recognize that elected representatives of the people are entitled to the credit for the establishment of local government policies; responsibility for policy execution rests with the members. 7. Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the election of the members of the employing legislative body. Guidelines Elections of the Governing Body. Members should maintain a reputation for serving equally and impartially all members of the governing body of the local government they serve, regardless of party. To this end, they should not engage in active participation in the election campaign on behalf of or in opposition to candidates for the governing body. Elections of Elected Executives. Members should not engage in the election campaign of any candidate for mayor or elected county executive. Running for Office. Members shall not run for elected office or become involved in political activities related to running for elected office. They shall not seek political endorsements, financial contributions or engage in other campaign activities. Elections. Members share with their fellow citizens the right and responsibility to vote and to voice their opinion on public issues. However, in order not to impair their effectiveness on behalf of the local governments they serve, they shall not participate in political activities to support the candidacy of individuals running for any city, county, special district, school, state or federal offices. Specifically, they shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fund-raising activities for individuals seeking or holding elected office. Elections on the Council-Manager Plan. Members may assist in preparing and presenting materials that explain the council-manager form of government to the public prior to an election on the use of the plan. If assistance is required by another community, members may respond. All activities regarding ballot issues should be conducted within local regulations and in a professional manner. Presentation of Issues. Members may assist the governing body in presenting issues involved in referenda such as bond issues, annexations, and similar matters. 8. Make it a duty continually to improve the member's professional ability and to develop the competence of associates in the use of management techniques. Giy/de//A7es Self-Assessment. Each member should assess his or her professional skills and abilities on a periodic basis. Professional Development. Each member should commit at least 40 hours per year to professional development activities that are based on the practices identified by the members of ICMA. 9. Keep the community informed on local government affairs; encourage communication between the citizens and all local government officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. 10. Resist any encroachment on professional responsibilities, believing the member should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice. Guideline Information Sharing. The member should openly share information with the governing body while diligently carrying out the member's responsibilities as set forth in the charter or enabling legislation. 11. Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a member's decisions pertaining to appointments, pay adjustments, promotions, and discipline. Guideline Equal Opportunity. All decisions pertaining to appointments, pay adjustments, promotions, and discipline should prohibit discrimination because of race, color, religion, sex, national origin, sexual orientation, political affiliation, disability, age, or marital status. It should be the members' personal and professional responsibility to actively recruit and hire a diverse staff throughout their organizations. 12. Seek no favor; believe that personal aggrandizement or profit secured by confidential information or by misuse of public time is dishonest. Guidelines Gifts. Members should not directly or indirectly solicit any gift or accept or receive any gift-whether it be money, services, loan, travel, entertainment, hospitality, promise, or any other form-under the following circumstances: (1) it could be reasonably inferred or expected that the gift was intended to influence them in the performance of their official duties; or (2) the gift was intended to serve as a reward for any official action on their part. It is important that the prohibition of unsolicited gifts be limited to circumstances related to improper influence. In de minimus situations, such as meal checks, some modest maximum dollar value should be determined by the member as a guideline. The guideline is not intended to isolate members from normal social practices where gifts among friends, associates, and relatives are appropriate for certain occasions. Investments in Conflict with Official Duties. Member should not invest or hold any investment, directly or indirectly, in any financial business, commercial, or other private transaction that creates a conflict with their official duties. In the case of real estate, the potential use of confidential information and knowledge to further a member's personal interest requires special consideration. This guideline recognizes that members' official actions and decisions can be influenced if there is a conflict with personal investments. Purchases and sales which might be interpreted as speculation for quick profit ought to be avoided (see the guideline on "Confidential Information"). Because personal investments may prejudice or may appear to influence official actions and decisions, members may, in concert with their governing body, provide for disclosure of such investments prior to accepting their position as local government administrator or prior to any official action by the governing body that may affect such investments. Personal Relationships. Members should disclose any personal relationship to the governing body in any instance where there could be the appearance of a conflict of interest. For example, if the manager's spouse works for a developer doing business with the local government, that fact should be disclosed. Confidential Information. Members should not disclose to others, or use to further their personal interest, confidential information acquired by them in the course of their official duties. Private Employment. Members should not engage in, solicit, negotiate for, or promise to accept private employment, nor should they render services for private interests or conduct a private business when such employment, sen/ice, or business creates a conflict with or impairs the proper discharge of their official duties. Teaching, lecturing, writing, or consulting are typical activities that may not involve conflict of interest, or impair the proper discharge of their official duties. Prior notification of the appointing authority is appropriate in all cases of outside employment. Representation. Members should not represent any outside interest before any agency, whether public or private, except with the authorization of or at the direction of the appointing authority they serve. Endorsements. Members should not endorse commercial products or services by agreeing to use their photograph, endorsement, or quotation in paid or other commercial advertisements, whether or not for compensation. Members may, however, agree to endorse the following, provided they do not receive any compensation: (1) books or other publications; (2) professional development or educational sen/ices provided by nonprofit membership organizations or recognized educational institutions; (3) products and/or services in which the local government has a direct economic interest. Members' observations, opinions, and analyses of commercial products used or tested by their local governments are appropriate and useful to the profession when included as part of professional articles and reports.