12-0701_MARIA MORRIS_City Clerk Employment AgreementCITY CLERK EMPLOYMENT AGREEMENT
This Employment Agreement (hereinafter "Agreement") is made effective this 1 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. Citv 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 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. Emplovee's Commitment to Citv 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.
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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.
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d. Life Insurance: The City shall pay 100% of the premium for the City's
life insurance program with a coverage amount of 1 14 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 arid 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 accmal 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 accme 10 hours of floating holiday annually on July 1.
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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 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 Objectives Setting
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.
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I. 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 Califomia and do not interfere with
Employee's duties as City Clerk. Attendance at association meetings longer than one day or
outside the State of Califomia 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 as outlined in Section E. "Misconducf'
means conviction of a .misdemeanor involving moral turpitude, any felony, or
willful abandonment of Erriployee'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.
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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
othenvise, 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.
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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]
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IN WITNESS WHEREOF, the parties hereto ha\^e executed this Agreement as of the
date first above written.
EMPLO
CITY OF SAN JUAN CAPISTRANO
BY;
Larry Kr^nlei^ayor
By:
^JV|a
r\
ja'Kjjldfri P
orris
ATTEST;
Deputy City C^e
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
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