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12-0701_MARIA MORRIS_Agenda Report_H7 6/19/2012 AGENDA REPORT H7 TO: Mayor and City Councilmembers FROM: Omar Sandoval, City Attorney SUBJECT: Consideration of City Clerk Employment Agreement with Maria Morris RECOMMENDATION: By motion, approve the attached City Clerk Employment Agreement with Maria Morris, SITUATION: Maria Morris has worked for San Juan Capistrano since September 1999, Maria Morris is a Certified Municipal Clerk by the Southern California City Clerks Association and was appointed City Clerk on December 1, 2009. In accordance with Section H of the City Clerk Employment Agreement, the City Council reviewed her performance on June 5, 2012. The attached City Clerk Employment Agreement is consistent with the existing agreement subject to the following changes that are presented for City Council approval: Termination of Contract Effective July 1, 2012, the Agreement will have no termination date and will remain in place until terminated by the City Council or the employee, as provided in Paragraph L of the Agreement. Salary The City Clerk will receive the same percentage Cost of Living adjustment to her annual base salary, at the same time that other City executive employees receive such adjustments. This includes the 2% salary increase effective July 1, 2012 and the 2% salary increase effective July 1, 2013, that the executive employees are scheduled to receive. Management Leave The City Clerk's annual Management Leave accrual will increase from 64 hours.to 80 hours, but the employee will not be allowed to accumulate more than 80 hours of Management Leave at any time. Agenda Report Page 2 June 19, 2012 COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: None. FINANCIAL CONSIDERATIONS: The cost of the proposed amended Employment Agreement is $3,425 in Fiscal Year 201212013 and $7,540 in Fiscal Year 201312014, NOTIFICATION: Maria Morris, City Clerk RECOMMENDATION: By motion, approve the attached City Clerk Employment Agreement with Maria Morris. Respectfully submitted, Prepared by, Omar Sandoval Tom Bokosky City Attorney Human Resources Manager Attachment: Proposed City Clerk Employment Agreement CITY CLERK EMPLOYMENT AGREEMENT This Employment Agreement (hereinafter "Agreement") is made effective this 1St day of July, 2012, 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 and shall remain in full force and effect until terminated by Employer or .Employee as provided in Paragraph I_ 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 City 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. 1 ATTACHMENT 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 six thousand three hundred fifty six dollars annually ($96,356). Employee shall receive the same percentage Cost of Living adjustments to her annual base salary under this Agreement, at the same time that other City executive employees receive such adjustments. This provision shall not apply to merit increases which may be provided to other executive employees from time to time. 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) 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 9.31% of salary toward the annual contribution that is required by OCERS for City and Employee participation in the plan. The Employee pays all of the Employee's annual contribution for participation in the plan. 5) 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 dependents 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 dependents. C. Vision: The City shall pay 100% of the monthly premium for the City's dental insurance program for the Employee and all dependents. 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. 3 b. Employee shall not carry any accumulated floating holiday past dune 30. c. Floating Holiday usage must be authorized by the City Council. 4) Management Leave: a. Employee shall accrue 80 hours of management leave annually in an equal amount each pay period. b. Employee shall not accumulate more than 80 hours of management leave at any time or accruals will cease until the amount is less than 80. 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 80 hours twice annually, in December and June. 5) Holidays: a. January 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 Obiectives Settin The 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. 4 1. 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 j 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 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. 5 M. Jury Duffy: 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. Q. 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. 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. 6 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. [SIGNATURE PAGE FOLLOWS] 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. EMPLOYEE By: Maria Morris CITY OF SAN JUAN CAPISTRANO By: Larry Kramer, Mayor ATTEST: Deputy City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney