1993-0316_DENHALTER, RICHARD K._Employment Agreement •
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT is made by and between the CITY OF
SAN JUAN CAPISTRANO and the SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, hereinafter referred to as "City" , and
RICHARD R. DENHALTER, hereinafter referred to as "Employee" .
WHEREAS, City has offered Employee the position of City
Attorney for the City of San Juan Capistrano and Agency Counsel ;
and,
WHEREAS, Agency has offered Employee the position of Agency
Counsel for the San Juan Capistrano Community Redevelopment Agency;
and,
WHEREAS, Employee desires to accept said position,
NOW, THEREFORE, BE IT MUTUALLY RESOLVED between City and
employee as follows:
1. City hereby offers the position of City Attorney to
Employee and Agency hereby offers the position of Agency Counsel
and Employee hereby accepts both positions.
2 . The City Attorney is appointed by the City Council and
the Agency Counsel is appointed by the Agency Board of Directors
and shall serve at their pleasure as an "at-will" employee, subject
to evaluation by the City Council and Agency Board of Directors and
termination without cause upon reasonable notice. Employee shall
do and perform all services necessary to fulfill the duties of the
City Attorney and Agency Counsel within the limitations of
resources provided by the City Council and Agency Board of
Directors, including supervision of contracts for outside legal
services.
3 . The position of City Attorney and Agency Counsel is an
Executive Management position with the benefits and
responsibilities held in common by the employees of that class.
Employee herein shall receive Executive Management benefits as
presently adopted and as modified from time to time, unless agreed
upon by Employee and the City for this position.
4 . It shall be the duty of Employee as City Attorney and
Agency Counsel to assist the City Manager and Executive Director in
administering the affairs of the City and Agency, efficiently,
economically, and harmoniously so far as may be consistent with the
duties of City Attorney and Agency Counsel as prescribed by the
laws of the City, pursuant to San Juan Capistrano Municipal Code
Section 2-5 . 211. Employee, as City Attorney and Agency Counsel,
agrees to acknowledge the responsibility of the City Manager and
Executive Director to exercise control over all departments of
government of the City and over all the appointive officers and
employees thereof, pursuant to Section 2-5. 207 (b) (3) of said code.
5. As compensation for the services to be performed
hereunder, Employee shall receive Eight Thousand Two Hundred and
Fifty Dollars ($8, 250) per month, subject to annual review and
merit adjustment. The City Attorney/Agency Counsel shall not be
eligible for the City' s Management Incentive Pay Program.
6. City shall pay to Employee an automobile allowance of
Four Hundred Dollars ($400) per month.
7 . Vacation leave for Employee shall accrue based upon total
length of City service per the following schedule:
0 - 3 years 80 hours annually
4 - 7 years 128 hours annually
8 - 10 years 144 hours annually
11 + years 184 hours annually
8 . Employee agrees to relocate his residence to the San Juan
Capistrano area within twelve (12) months of employment. Upon
relocation, City will pay to Employee relocation assistance up to
a maximum limit of Ten Thousand Dollars ($10, 000) for:
(a) Actual moving expenses.
(b) Closing costs of a home purchase, that is, normal
escrow costs paid by buyer and loan points.
9 . City will make the full contribution, that is, both the
employer and employee shares, to the Orange County Employees '
Retirement System.
10. City will provide comprehensive family health care
coverage including medical, vision, dental coverage which City
provides to its other employees. City will provide life insurance
with a policy value of two times the annual salary paid to Employee
by City. City will further provide long term disability to
Employee in the same manner offered to other City employees.
11. Employee agrees that to the best of his ability and
experience he will at all times loyally and conscientiously perform
all of the duties and obligations either expressly or implicitly
required by the terms of this Agreement. City agrees to provide
sufficient tools and resources to allow Employee to perform such
services. City further agrees to provide at City expense Bar
Association, City Attorney Association and related dues. Training
shall be provided as may be reasonably required subject to prior
approval of the City Council acting at its sole and absolute
discretion.
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12 . Except as otherwise specified in this agreement, terms
and conditions of employment specified in the City' s Municipal Code
and Personnel Rules and Regulations shall apply.
13 . This Agreement contains the entire agreement between City
and Employee. There are no other representations, agreements,
arrangements, or understandings, oral or written, between City and
Employee hereto relating to the subject matter contained in this
Agreement which have not been fully expressed herein.
EXECUTED this 16th day of 1`larch , 1993 .
CITY ATTORNEY CITY OF SAN JUAN CAPISTRANO
"EMPLOYEE" "CITY"
7 ,114:yak
Ri 2rd R. Denhalter I)6` ,-) Gil J6nes, Mayor
—
= • •,gar- �•�--o •ugh, City Manager
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