09-1201_MORRIS, MARIA_Employment Agreement1: 4 -kyj r. J Ireyy, l: a1 W_TWO#4ly IW II
This Employment Agreement (hereinafter "Agreement") is made this 1'� day of December
2009 by and between the City of San Juan Capistrano, a municipal corporation,
(hereinafter "City") and Maria Morris (hereinafter referred to as "Employee")
In consideration of the mutual promises and agreements contained herein, it is hereby
agreed between City and Employee as follows:
A. City Clerk Duties.
Employee agrees to serve as the City Clerk to the City. In the capacity of City Clerk, the
Employee shall perform each and every duty prescribed by law pertaining to the position
of City Clerk and all services, acts, or things necessary or advisable to manage and
conduct the business and affairs of the City, subject at all times to the policies set by the
City Council and to the consent of the City Council when required by the terms of this
Employment Agreement. Employee shall also perform all duties specifically required by
the City Council from time to time consistent with the general obligations of the position.
B. Term of Employment.
The Employee shall begin employment as the City Clerk as of the effective date of this
Agreement. The Agreement shall remain in full force and effect until June 30,' 2011 unless
terminated prior to that date by Employer or Employee as provided in Paragraph L of this
Agreement.
C. Employment Status
The Employee shall be an exempt, at -will employee and serve at the pleasure of the City
Council. This means that either the City Council or Employee may terminate her
employment at any time with or without cause and with or without notice.
D. Employee's Commitment to Cit Business.
1) Employee shall devote the Employee's entire productive time, ability and
attention to the business of the City during the term of this Agreement.
2) Employee shall not engage in any other business, duties or pursuits
whatsoever, or directly or indirectly render any service of a business,
commercial, or professional nature to any other person or organization, whether
for compensation or otherwise, without prior consent of the City Council.
However, the expenditure of reasonable amounts of time for educational,
including occasional teaching for which Employee may receive a stipend or
compensation, charitable, or professional activities shall not be deemed a
breach of this Agreement if those activities do not materially interfere with
Employee's services to City.
3) This Agreement shall not be interpreted to prohibit Employee from making
passive personal investments or conducting private business affairs, if those
activities are not deemed to be a conflict or interest by state law, or materially
interfere with the services required under this Agreement
E. Salary and Benefits
During the term of this agreement, Employee shall receive the following salary and benefits.
1) Salary: Employee shall be paid an annual salary of Ninety thousand five hundred
sixty four dollars annually ($90,564) or $7,547 per month.
2) Auto Allowance: Employee shall receive a monthly auto allowance of Two hundred
fifty dollars ($250.00) payable in the same manner as paid to other City executive
employees.
3) Deferred Compensation Contribution: City shall match Employee's contribution to
the City's 457 deferred compensation plan up to a maximum of 1 % of the
Employee's annual salary.
4) Health Savings Account (HSA) Contribution: City shall contribute $30/month to the
City's HSA program.
5) Retirement System: Employee shall be enrolled in the same Orange County
Employees Retirement System ("OCERS") plan providing a 2.7% at 55 benefit.
Employee shall pay 5.01% of salary toward the annual contribution that is required
by OCERS for Employer and Employee participation in the plan. The City shall pay
the remainder of the Employer and Employee annual contribution for participation in
the plan.
6) Other Benefits: Employee shall be eligible to receive the following benefits as
follows:
a. Medical: The City shall pay the monthly premium for the City's medical
insurance for the Employee and all dependants up to an amount equivalent
to the highest HMO premium amount offered by the City. If the employee
chooses to opt out of the City's medical insurance program per the City's
guidelines, the employee would be eligible to receive a $300 stipend in -lieu of
coverage.
b. Dental: The City shall pay 100% of the monthly premium for the City's dental
insurance program for the Employee and all dependants.
c. Vision: The City shall pay 100% of the monthly premium for the City's dental
insurance program for the Employee and all dependants .
d. Life Insurance: The City shall pay 100% of the premium for the City's life
insurance program with a coverage amount of 1 3/2 times the Employee's
annual salary plus $20,000.
e. Short-term and Long-term Disability — the City shall pay 100% of the
premium for the City's short and long-term disability programs
F. Annual Leave Benefits
1)
Vacation Leave;
a.
Employee shall accrue 164 hours of vacation leave annually in an equal
amount each pay period.
b.
Employee shall be able to accumulate no more than 300 hours of vacation
leave at any time or accruals will cease until the amount is less than 300.
c.
Vacation usage must be authorized by the City Council.
d.
Payout of accumulated balance upon separation will be at 100%
e.
Payout of 40 hours annually, if Employee has used at least 80 hours during
the previous twelve months and has reached the maximum accrual level.
2)
Sick Leave:
a.
Employee shall accrue 96 hours of sick leave annually in an equal amount
each pay period.
b.
Sick leave accrual is not limited
c.
Sick leave usage must be authorized by the City Council.
d.
Payout of accumulated balance upon separation will be at 50%
e.
Payout of 40 hours annually, if Employee has used 'at least 80 hours during
the previous twelve months and has reached the maximum accrual level.
3)
Floating Holiday:
a.
Employee shall accrue 10 hours of floating holiday annually on July 1.
b.
Employee shall not carry any accumulated floating holiday past June 30.
c.
Floating Holiday usage must be authorized by the City Council.
4)
Management Leave:
a.
Employee shall accrue 64 hours of management leave annually in an equal
amount each pay period.
b.
Employee shall not accumulate more than 64 hours of management leave at
any time or accruals will cease until the amount is less than 64.
c.
Management leave usage must be authorized by the City Council.
d.
Payout of accumulated balance upon separation will be at 100%
e.
Payout of up to 64 hours twice annually, in December and June
5)
Holidays:
a.January
a.
1st (New Year's Day)
b.
Third Monday in February (Washington's Birthday)
c.
Last Monday in May (Memorial Day)
d.
July 4th (independence Day)
e.
First Monday in September (Labor Day)
f.
November 11th (Veteran's Day)
g.
Fourth Thursday in November (Thanksgiving Day)
h.
The day following Thanksgiving Day
i.
December 24th (Christmas Eve)
j.
December 25th (Christmas Day)
k.
December 31 (New Year's Eve Day)
G. Goals and Objectives Setting
Within 90 days of Employee's appointment, the City Council and Employee will meet and
confer regarding the development of specific performance objectives for the following nine (9)
month period. Thereafter, City Council and Employee shall collaborate to establish annual
goals and objectives for Employee and the City.
H. Employee Performance Review:
City Council shall review Employee's performance, salary, and benefits at least once annually
and may make any modifications to Employee's salary and benefits to which the City Council
and Employee mutually agree. Any changes must be reflected in an amendment to the
agreement.
Work Schedule
The work schedule of the Employee will be determined by the City Council
J. Memberships
City agrees to pay the fees for Employee's membership in the standard City Clerk
Associations and Employee shall have the right to attend meetings of such associations if
such meetings are conducted within the State of California and do not interfere with
Employee's duties as. City Clerk. Attendance at association meetings longer than one day or
outside the State of California shall be approved in advance by the City Council
K. General Expenses
The City recognizes that the Employee will from time to time incur certain expenses of a non -
personal and job-related nature. City agrees to reimburse Employee for reasonable and
necessary expenses pursuant to any policies and budget that the City may from time to time
approve.
L. Termination of Em to ment. Resignation and Severance.
1) City reserves the right to terminate this Agreement at any time for any or no
reason.
2) In the event of termination by the City within six months of any regularly scheduled
City Council election, excepting termination due to Employee misconduct,
Employee shall be entitled to receive three (3) months salary, accumulated leave
up to the date of termination as outlined in Section F, and health and other
insurance benefits up to the date of termination as outlined in Section E.
"Misconduct" means ,conviction of a misdemeanor involving moral turpitude, any
felony, or willful abandonment of Employee's duties.
3) The parties agree that the severance compensation requirements set forth in this
Section shall not limit the City's discretion to terminate Employee, but rather
shall serve as a means for determining the amount due Employee in the
event of such termination within six months of any regularly scheduled City
Council election.
4) Nothing in this agreement shall prevent, limit or otherwise interfere with the
right of Employee to resign at any time from her position with City, subject
only to Employee giving City thirty (30) days prior written notice. This notice
may be waived at the discretion of the City Council and Employee's
resignation may be considered effective as of the date that notice is given.
M. Jury Duty
Employee will receive full pay and benefits while serving on a jury trial. Any
compensation for such jury duty (except travel pay) shall be returned to the City.
1►111•►1C•��f
Any notices to be given hereunder by either party to the other shall be in writing and may
be transmitted by personal delivery or by First Class Mail. Mailed notices shall be
addressed to the parties at the addresses maintained in the personal records of City, but
each party may change that address by written notice in accordance with this section.
Notices delivered personally shall be deemed communicated as of the date of actual
receipt; mailed notices shall be deemed communicated as of the date of mailing.
O. Entire Agreement.
This Employment Agreement supersedes any and all other agreements, either oral or
written, between the parties hereto with respect to the employment of Employee by City
and contains all of the covenants and agreements between the parties with respect to
that employment in any manner whatsoever. Each party to this Employment Agreement
acknowledges that representation, inducement, promise, or agreement, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which
is not embodied herein, and that no other agreement, statement or promise not contained
in this Employment Agreement shall be valid or binding on either party.
P. Modifications.
Any modifications of this Employment Agreement will be effective only if it is in writing
and signed by the parties.
Q. Effect of Waiver.
The failure of either party to insist on strict compliance with any other terms, covenants,
or conditions of this Employment Agreement by the other party shall not be deemed a
waiver of that term, covenant or condition, nor shall any waiver or relinquishment of that
right or power for all or any other times.
R. Partiallnvalidity.
If any provision in this Employment Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions shall
nevertheless continue in full force without being impaired or invalidated in any way.
S. Governing Law.
This Employment Agreement shall be governed by and construed in accordance with the
laws of the State of California, in force and effect as of the date of execution of this
Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JU N CAPISTRANO
E
B
ATTEST:
Of J/U,
, "`j - J
Dep ity Clerk
APPROVED AS TO FORM:
J 6 A Am
y
Omar andov6l, City Attorne
12/11/2009
AGENDA REPORT E9
TO: Honorable Mayor and City Council Members
FROM: Cindy Russell, Assistant City Manager
SUBJECT: Consideration of Employment Agreement for City Clerk (Maria Morris)
RECOMMENDATION:
By motion, approve the Employment Agreement for the position of City Clerk with Maria
Morris in substantially the form provided subject to final approval by the City Attorney.
SITUATION:
Pursuant to City Council authorization an Employment Agreement for the position of
City Clerk has been negotiated with Maria Morris for the position of City Clerk. The
Agreement provides for the following basic terms
Salary
Term
$7,547/month or $90,564 annually
December 1, 2009 -June 30, 2011
Employment Status At -will, exempt position serving at the pleasure of the
City Council
Severance The City Clerk shall not be terminated other than for
cause within six months of any regularly scheduled
election of City Council, otherwise severance equivalent
to 3 months salary shall be paid.
Monthly Auto Allowance $250/month
Deferred Compensation 457 — Employer match of employee contribution, up to
1 % of salary; HSA - $30/month
Orange County Employees Employee pays 5.01% of annually salary, City picks up
Retirement the remainder of the employee share and employer
share
Medical/DentalNision City pays premium for employee and dependants.
Medical up to highest HMO premium offered, opt out
stipend, $300 monthly; Dental— 100%; Vision— 100%
Agenda Report
Page 2
December 1, 2009
All other benefits and leave is similar to other management/professional level positions
in the City.
FINANCIAL CONSIDERATIONS:
This position has been budgeted in the FY 2009/10 budget. This contract results in a
savings of approximately $7,200 from the amount budgeted for this fiscal year.
NOTIFICATION:
Maria Morris
RECOMMENDATION:
By motion, approve the Employment Agreement for the position of City Clerk with Maria
Morris in substantially the form provided subject to final approval by the City Attorney.
Respectfully submitted,
Cindy Ru ell
Assistant City Manager
Attachment:
1. Employment Agreement
EMPLOYMENT AGREEMENT
This Employment Agreement (hereinafter "Agreement") is made this 1St day of December
2009 by and between the City of San Juan Capistrano, a municipal corporation,
(hereinafter "City") and Maria Morris (hereinafter referred to as "Employee").
In consideration of the mutual promises and agreements contained herein, it is hereby
agreed between City and Employee -as follows:
A. City Clerk Duties.
Employee agrees to serve as the City Clerk to t
Employee shall perform each and every duty pry
of City Clerk and all services, acts, or things
conduct the business and affairs of the Cisat
tY'
City Council and to the consent of the City Coi
Employment Agreement. Employee shall alsol"i
the City Council from time to time consistent with
B. Term of Employment.
The Employee shall begih � (
Agreement. The Agreement`
terminated prior to that, date
Agreement.
C., Ernplovment Status'
Council. This means
,ity. Inlfhe capacity of City Clerk, the
bed by Ilava pertaining to the position
�ssary or advisable to manage and
at all times foIhe policies set by the
when required by, the terms -of this
rm all duties specifically required by
general obligations of the position.
the Employee's entire productive time, ability and
of the City during the term of this Agreement.
2) Employee shall not engage in any other business, duties or pursuits
whatsoever, or directly or indirectly render any service of a business,
commercial, or professional nature to any other person or organization, whether
for compensation or otherwise, without prior consent of the City Council.
However, the expenditure of reasonable amounts of time for educational,
including occasional teaching for which Employee may receive a stipend or
compensation, charitable, or professional activities shall not be deemed a
1 1 ATTACHMENT 1
breach of this Agreement if those activities do not materially interfere with
Employee's services to City.
3) This Agreement shall not be interpreted to prohibit Employee from making
passive personal investments or conducting private business affairs, if those
activities are not deemed to be a conflict or interest by state law, or materially
interfere with the services required under this Agreement
E. Salary and Benefits
During. the term of this agreement, Employee shall receive the following salary and benefits.
1) Salary: Employee shall be paid an annual salary of Ninety thousand five hundred
sixty four dollars annually ($90,564) or $7,547 per month.
2) Auto Allowance: Employee shall receive a monthly auto allowance of Two hundred
fifty dollars ($250.00) payable in the same manner as paid to other City executive
employees.
3) Deferred Compensation Contribution: City shall match Employee's contribution to
the City's 457 deferred compensation plan up to a maximum of 1 % of the
Employee's annual salary.
4) Health Savings Account (HSA) Contribution: City shall contribute $30/month to the
City's HSA program.
5) Retirement System: Employee shall be enrolled in the same Orange County
Employees Retirement System ("OCERS") plan providing a 2.7% at 55 benefit.
Employee shall pay 5.01% of salary toward the annual contribution that is required
by OCERS for Employer and Employee participation in the plan. The City shall pay
the remainder of the Employer and Employee annual contribution for participation in
the plan.
6) Other Benefits: Employee shall be eligible to receive the following benefits as
follows:
a. Medical: The City shall pay the monthly premium for the City's medical
insurance for the Employee and all dependants up to an amount equivalent
to the highest HMO premium amount offered by the City. If the employee
chooses to opt out of the City's medical insurance program per the City's
guidelines, the employee would be eligible to receive a $300 stipend in -lieu of
coverage.
b. Dental: The City shall pay 100% of the monthly premium for the City's dental
insurance program for the Employee and all dependants.
c. Vision: The City shall pay 100% of the monthly premium for the City's dental
insurance program for the Employee and all dependants .
d. Life Insurance: The City shall pay 100% of the premium for the City's life
insurance program with a coverage amount of 1 Y2 times the Employee's
annual salary plus $20,000.
e. Short-term and Long-term Disability — the City shall pay 100% of the
premium for the City's short and long-term disability programs
F. Annual Leave Benefits
1)
Vacation Leave:
a.
Employee shall accrue 164 hours of vacation leave annually in an equal
amount each pay period.
b.
Employee shall be able to accumulate no more than 300 hours of vacation
leave at any time or accruals will cease until the amount is less than 300.
c.
Vacation usage must be authorized by the City Council.
d.
Payout of accumulated balance upon separation will be at 100%
e.
Payout of 40 hours annually, if Employee has used at least 80 hours during
the previous twelve months and has reached the maximum accrual level.
2)
Sick Leave:
a.
Employee shall accrue 96 hours of sick leave annually in an equal amount
each pay period.
b.
Sick leave accrual is not limited
c.
Sick leave usage must be authorized by the City Council.
d.
Payout of accumulated balance upon separation will be at 50%
e.
Payout of 40 hours annually, if Employee has used at least 80 hours during
the previous twelve months and has reached the maximum accrual level.
3)
Floating Holiday:
a.
Employee shall accrue 10 hours of floating holiday annually on July 1.
b.
Employee shall not carry any accumulated floating holiday past June 30.
c.
Floating Holiday usage must be authorized by the City Council.
4)
Management Leave:
a.
Employee shall accrue 64 hours of management leave annually in an equal
amount each pay period.
b.
Employee shall not accumulate more than 64 hours of management leave at
any time or accruals will cease until the amount is less than 64.
c.
Management leave usage must be authorized by the City Council.
d.
Payout of accumulated balance upon separation will be at 100%
e.
Payout of up to 64 hours twice annually, in December and June
5)
Holidays:
a.
January
a.
1 st (New Year's Day)
b.
Third Monday in February (Washington's Birthday)
c.
Last Monday in May (Memorial Day)
d.
July 4th (Independence Day)
e.
First Monday in September (Labor Day)
f.
November 11 th (Veteran's Day)
g.
Fourth Thursday in November (Thanksgiving Day)
h.
The day following Thanksgiving Day
i.
December 24th (Christmas Eve)
j.
December 25th (Christmas Day)
k.
December 31 (New Year's Eve Day)
N
G. Goals and Objectives Setting
Within 90 days of Employee's appointment, the City Council and Employee will meet and
confer regarding the development of specific performance objectives for the following nine (9)
month period. Thereafter, City Council and Employee shall collaborate to establish annual
goals and objectives for Employee and the City.
H. Employee Performance Review:
City Council shall review Employee's performance, salary, and benefits at least once annually
and may make any modifications to Employee's salary and benefits to which the City Council
and Employee mutually agree. Any changes must be reflected in an amendment to the
agreement.
Work Schedule
The work schedule of the Employee will be determined by the City Council
J. Memberships
City agrees to pay the fees for Employee's membership in the standard City Clerk
Associations and Employee shall have the right to attend meetings of such associations if
such meetings are conducted within the State of California and do not interfere with
Employee's duties as City Clerk. Attendance at association meetings longer than one day or
outside the State of California shall be approved in advance by the City Council
K. General Expenses
The City recognizes that the Employee will from time to time incur certain expenses of a non -
personal and job-related nature. City agrees to reimburse Employee for reasonable and
necessary expenses pursuant to any policies and budget that the City may from time to time
approve.
L. Termination of Employment. Resignation and Severance.
1) City reserves the right to terminate this. Agreement at any time for any or no
reason.
2) In the event of termination by the City within six months of any regularly scheduled
City Council election, excepting termination due to Employee misconduct,
Employee shall be entitled to receive three (3) months salary, accumulated leave
up to the date of termination as outlined in Section F, and health and other
insurance benefits up to the date of termination as outlined in Section E.
"Misconduct" means conviction of a misdemeanor involving moral turpitude, any
felony, or willful abandonment of Employee's duties.
3) The parties agree that the severance compensation requirements set forth in this
Section shall not limit the City's discretion to terminate Employee, but rather
shall serve as a means for determining the amount due Employee in the
.19
event of such termination within six months of any regularly scheduled City
Council election.
4) Nothing in this agreement shall prevent, limit or otherwise interfere with the
right of Employee to resign at any time from her position with City, subject
only to Employee giving City thirty (30) days prior written notice. This notice
may be waived at the discretion of the City Council and Employee's
resignation may be considered effective as of the date that notice is given.
M. Jury Duty:
Employee will receive full pay and benefits while serving on a jury trial. Any
compensation for such jury duty (except travel pay) shall be returned to the City.
N. Notices:
Any notices to be given hereunder by either party to the other shall be in writing and may
be transmitted by personal delivery or by First Class Mail. Mailed notices shall be
addressed to the parties at the addresses maintained in the personal records of City, but
each party may change that address by written notice in accordance with this section.
Notices delivered personally shall be deemed communicated as of the date of actual
receipt; mailed notices shall be deemed communicated as of the date of mailing.
O. Entire Agreement.
This Employment Agreement supersedes any and all other agreements, either oral or
written, between the parties hereto with respect to the employment of Employee by City
and contains all of the covenants and agreements between the parties with respect to
that employment in any manner whatsoever. Each party to this Employment Agreement
acknowledges that representation,. inducement, promise, or agreement, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which
is not embodied herein, and that no other agreement, statement or promise not contained
in this Employment Agreement shall be valid or binding on either party.
P. . Modifications.
Any modifications of this Employment Agreement will be effective only if it is in writing
and signed by the parties.
Q. Effect of Waiver.
The failure of either party to insist on strict compliance with any other terms, covenants,
or conditions of this Employment Agreement by the other party shall not be deemed a
waiver of that term, covenant or condition, nor shall any waiver or relinquishment of that
right or power for all or any other times.
5
R. Partial Invalidity.
If any provision in this Employment Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions shall
nevertheless continue in full force without being impaired or invalidated in any way.
S. Governing Law.
This Employment Agreement shall be governed by and construed in accordance with the
laws of the State of California, in force and effect as of the date of execution of this
Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
Deputy City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
CITY OF SAN JUAN CAPISTRANO
By:
Mayor
Employee
By:
Maria Morris
Cel