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Home My WebLink About2015-05-05; City Council; 21953; Appointing Interim City ManagerCITY OF CARLSBAD - AGENDA BILL AB# 21,953 DEPT.DIRECTOR MTG. 05/05/2015 APPOINTING AN INTERIM CITY MANAGER CITY ATTY. DEPT. CLERK CITY MGR. 'J/X RECOMMENDED ACTION: Adopt Resolution No. 2015-111 , appointing Kathryn B. Dodson as the Interim City Manager for the City of Carlsbad and authorizing the Mayor for the City of Carlsbad to execute the Interim City Manager Agreement. ITEM EXPLANATION: City Manager Steven R. Sarkozy employment relationship with the City ended effective April 24, 2015. It is recommended that effective April 24, 2015, Assistant City Manager Kathryn B. Dodson be appointed as Interim City Manager, until the successor City Manager takes office. FISCAL IMPACT: The fiscal impact for this action is estimated to be $ 27,845 annually. The salary for the interim City Manager represents a fifteen percent (15%) increase to the incumbent's current annual compensation. There are sufficient funds available in the City Council contingency to cover this expense. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS: 1. Resolution No. 2015-111 2. Interim City Manager Agreement DEPARTMENT CONTACT: Shelley Collins, Assistant City Clerk 760-434-2917 shellev.collins@carlsbadca.gov FOR CITY CLERKS USE APPROVED CONTINUED TO DATE SPECIFIC • ONLY COUNCIL ACTION: DENIED • CONTINUED TO DATE • UNKNOWN WITHDRAWN • RETURNED TO STAFF • AMENDED • COUNCIL RECEIVED THE • REPORT/PRESENTATION OTHER-SEE MINUTES • EXHIBIT 1 1 RESOLUTION NO. 2015-111 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPOINTING AN INTERIM CITY MANAGER April 24, 2015; and WHEREAS, Assistant City Manager Kathryn B. Dodson has the skills, knowledge and ability 5 WHEREAS, the City Manager's employment relationship with the City ended effective 6 7 8 ^ to serve as the Interim City Manager until a successor City Manager is qualified, appointed, and 10 takes office, 11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California 12 as follows: 1. That the above recitations are true and correct. 17 18 19 13 14 J5 2. That Kathy Dodson is appointed Interim City Manager until a successor City Manager 16 is qualified, appointed, and takes office. 3. That Exhibit 2 is the employment agreement for Kathryn B. Dodson's appointment as Interim City Manager, effective as of April 24, 2015, and that Mayor Matt Hall is 2Q authorized to sign the Interim City Manager agreement on behalf ofthe City Council 21 4. That the Administrative Services Director is authorized to transfer $ 27,845 (annualized) from the City Council contingency account to cover this expense. III 24 25 /// 26 /// 27 /// 28 /// 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 ofthe City of Carlsbad on the 5*^ day of May 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESON (SEAL) A^^^^^ , 0ty Clerk AGREEMENT FOR INTERIM CITY MANAGER FOR THE CITY OF CARLSBAD, INTERIM GENERAL MANAGER FOR THE CARLSBAD MUNICIPAL WATER DISTRICT AND INTERIM EXECUTIVE DIRECTOR FORTHE CARLSBAD PUBLIC FINANCING AUTHORITY This Agreement is effective as of April 24, 2015 but is made and entered into on»3^ of _, 2015, in Carlsbad, California, by and between the City of Carlsbad, Carlsbad Municipal Water District, Carlsbad Public Financing Authority (collectively "City"), and Kathryn B. Dodson ("Dodson") (collectively "Parties"). RECITALS The City is organized underthe Constitution and laws ofthe State of California as Council-Manager, charter city; and The general powers and duties ofthe City Manager are generally established by Chapter 2.12 ofthe Carlsbad Municipal Code and by other provisions ofthe City's municipal code, other ordinances, resolutions, polices ofthe Council, and state law; and The day-to-day management ofthe City is provided by a City Manager; and Dodson was hired by City on May 16, 2011 as Economic Development Manager, on April 1, 2013 she was promoted to Community & Economic Development Director, and on January 2, 2014 promoted to Assistant City Manager; and Dodson served as Interim City Manager from March 11, 2014 to April 14, 2014; and Dodson returned to her regular position as Assistant City Manager on April 14, 2014 and served in that capacity through the close of business on April 23, 2015; and On April 24, 2015, City named Dodson as Interim City Manager until such time a new City Manager has been selected and hired because of Dodson's unique knowledge and experience working in and with the City Council, City staff, on-going City projects, and the Community; and The Parties desire, through this Agreement, to determine certain matters relating to the terms and conditions of the employment of Dodson as the Interim City Manager for City; and The City Manager of the City also serves as the General Manager of the Carlsbad Municipal Water District ("CMWD") and Executive Director of the Carlsbad Public Financing Authority ("CPFA"). The City Council has authorized the City Manager to provide those management services as part ofthe duties ofthe City Manager. Interim City Manager Employment Agreement 1 AGREEMENT The above recitals are incorporated herein and in consideration of the faithful performance of the provisions and covenants set forth herein, the City and Dodson agree as follows: A. Duration of Appointment. The intent of this Agreement is to provide for the interim appointment of Dodson to the City Manager position pending selection or appointment of a permanent City Manager at a later date. Dodson's appointment as the Interim City Manager is effective April 24, 2015. It is agreed by and between the Parties that Dodson shall hold the appointive office of Interim City Manager at and during the pleasure of the City Council. B. Provisions Regarding Compensation. 1. Compensation during Interim Appointment: a. Dodson shall continue to receive her salary of $185,632 ("Base Salary"), which represents her annual salary as Assistant City Manager on April 23, 2015. Effective April 24, 2015, Dodson will receive an additional fifteen percent (15%) of her Base Salary ($27,845 annualized) as compensation for serving as Interim City Manager, for a combined annual salary of ($213,477). The salary will be paid in increments as established from time to time for City employees and is subject to the same mandatory deductions applicable to all other CalPERS miscellaneous class City employees. Dodson shall perform the duties of General Manager for Carlsbad Municipal Water District and Executive Director for Carlsbad Public Financing Authority as a part ofthe regular duties of her office and shall receive no additional or supplemental compensation from City or from any other entity for the provision of such services. b. Dodson shall receive vacation, sick leave, executive leave, short term disability, long term disability, retirement and health and dental benefits determined in the same manner as for executive/department head management employees according to the City's management compensation plan as may be established from time-to-time by the City Council. Dodson shall receive paid holidays and executive leave in the same manner as other management employees. c. Dodson's classification for purposes of CalPERS retirement will remain unchanged. d. Dodson shall continue with the same vehicle allowance as she received in her capacity as Assistant City Manager. 2. Reinstatement to Prior Position as Assistant City Manager. Interim City Manager Employment Agreement 2 a. Dodson will be granted the right to be reinstated to her former position as Assistant City Manager upon selection and appointment of a permanent City Manager, or termination from the position of Interim City Manager, unless the termination is for cause. Reinstatement would be effective on the date of appointment of a new City Manager or the date of her termination from the position of Interim City Manager, unless that termination is for cause. b. Upon Dodson's reinstatement to the position of Assistant City Manager, Dodson will receive her Base Salary as set forth in B.l.a. above. C. Performance. Dodson agrees to perform the duties of the office of City Manager in a good and professional manner as her full-time employment. Dodson shall function as the Interim City Manager of City and shall be vested with the powers, duties, and responsibilities set forth in the Carlsbad Municipal Code, the terms of which are incorporated by reference herein. In addition, Dodson shall perform other such duties as may be assigned by the City Council, and which are consistent with the position of Interim City Manager, without any additional compensation. Dodson agrees that during her employment as Interim City Manager she will not engage in any other employment in conflict with her employment with the City of Carlsbad. D. Performance Evaluation. 1. Dobson shall be responsible for the annual establishment of goals, objectives, and priorities for work programs, in conjunction with the City Council, necessary for the proper operation ofthe City. The evaluation should be obtainable within the time limits and budget appropriations approved by Council. 2. Annual evaluation based on meeting mutual objectives and performance criteria established jointly by the Interim City Manager and City Council. 3. The annual performance review shall be completed in January of each year beginning in the year 2016. Notwithstanding, the City Council shall have the right to schedule a performance review on an "as-needed" and on reasonable notice to Dodson. The performance will be deemed satisfactory if no annual review takes place. E. Termination. The City Council may terminate this Agreement with or without cause upon ten (10) days' notice to Dodson. In the event of a termination for cause, Dodson knowingly and intellectually agrees that she shall not be afforded any rights set forth in Carlsbad Municipal Interim City Manager Employment Agreement 3 Code section 2.12.130. Dodson may terminate this Agreement by giving City thirty (30) days' written notice in advance of termination, at the end of which period this Agreement will terminate, unless City and Dodson otherwise agree. Dodson shall be entitled to be reinstatement to her position as Assistant City Manager, in accordance with Section B.2.a. above. F. Miscellaneous Provisions. 1. The relationship between the City and Dodson is an employment relationship for a public office and is exempt from the provisions ofthe Fair Labor Standards Act. 2. Neither this Agreement, nor any provision of state statue or local ordinance, rule or resolution create any property right in favor of Dodson in her employment in the office ofthe City Manager. 3. When used in this Agreement, the term City Council means the legislative body of the City of Carlsbad, including the Mayor and the members of the City Council. 4. In the event of any mediation, arbitration or litigation to enforce any of the provisions ofthis Agreement, each party shall bear its own attorneys' fees and costs. 5. This Agreement is the entire agreement between the parties with respect to the subject matter. No promise, representation, warranty or covenant not included in this Agreement has been or is relied on by any party hereto. This Agreement may be amended only by a writing executed by both parties. 6. The parties agree that any ambiguity in this Agreement shall not be construed or interpreted against, or in favor of either party. 7. This Agreement shall be governed by the laws of the State of California; venue shall rest in the Superior Court of California, County of San Diego, North County Judicial District. (Remmder of Page Intentionally Left Blank) Interim City Manager Employment Agreement 4 7 8. Notices pursuant to this Agreement shall be in writing and sent to: For the City: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Attn: City Clerk (with copy to City Attorney) For Dodson: Kathy Dodson 7848 Paseo Tulipero Carlsbad, CA 92009 IN WITNESS hereof, the parties have executed this Agreement by their signatures set forth below: Dated:jlU^Lil Dated: 6^5'f3 ATTEST: CITY CLERK 7/ APPRQVFn AS TO FORM . ASSISTANT CITY ATTORNEY Interim City Manager Employment Agreement 5 <7 7)