16-1004_MORRIS, MARIA_Agenda Report_D710t4t2016
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City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
FROM: Æ^Siegel, City Manager
SUBMITTED BY: Sam Penrod, Human Resources/Risk Manager
DATE: October 4,2016
TO
SUBJECT
yç* sP
Consideration of City Clerk Employment Agreement with Maria
Morris
RECOMMENDATION
By motion, approve the accompanying City Clerk Employment Agreement between the
City of San Juan Capistrano and Maria Morris.
DISCUSSION/ANALYSIS:
The City Council hires the City Clerk and determines the terms and conditions of
employment based on an employment agreement. The current employment agreement
between the City and Maria Morris was signed in 2013. A subcommittee of Mayor Pam
Patterson and Council Member Derek Reeve reviewed the current employment
agreement and a survey of neighboring cities to assess the competitiveness of the
current salary and benefit package. Based on that effort, the subcommittee
recommends that the employment agreement be modified as follows:
. Base Salary - $1 18,392 annually. Auto Allowance - $225 per month. Vacation - lncrease accrual rate from 164 to 184 hours per year, which is the
same as other executives.
' Phone Allowance - $80 per month. Deferred Compensation Contribution - $235 per month
FISCAL IMPACT
The proposed agreement would result in an increased cost of approximately $12,170
annually. Sufficient funding is available in the City's operating budget.
City Council Agenda Report
October 4,2016
Paqe 2 of 2
ENVIRONMENTAL IMPACT:
The employment agreement request is covered by Section 15061(bX3), the general rule
that the California Environmental Quality Act (CEOA) applies only to projects which
have the potential for causing a significant effect on the environment. Where it can be
seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA. An
employment agreement would not be an activity with potential to cause significant effect
on the environment and therefore exempt from CEQA.
PRIOR CITY COUNCIL REVIEW
On July 16,2013, the City Council approved the City Clerk's employment agreement.
COMMISSION/COMMITTEE/BOARD R EVI EW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION
Maria Morris
ATTACHMENT:
Attachment 1- Proposed City Clerk Employment Agreement
CITY CLERK EMPLOYMENT AGREEMENT
This Employment Agreement (hereinafter "Agreement") is made effective this 4th day of
October, 2016, by and between the City of San Juan Capistrano, a municipal
corporation, (hereinafter "City") and Maria Morris (hereinafter referred to as "Employee").
ln 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. ln 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 Emplovment.
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. Emplovment 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, as provided in
Paragraph L of this Agreement.
itment to 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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ATTACHMENT 1
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: Effective October 4,2016, Employee shall be paid an annual salary of
one-hundred eighteen thousand and three-hundred ninety-two dollars
annually ($1 18,392). . 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.
Retirement System: Employee shall be enrolled in the same Orange County
Employees Retirement System ("OCERS") plan providing a 2.7% at 55
benefit. The Employee pays all of the Employee's annual contribution for
participation in the plan.
Auto and Phone Allowance: Employee shall receive two-hundred twenty-five
dollars ($2ZS¡ per month for auto allowance and eighty dollars ($80) per
month as a phone allowance.
4)Deferred Compensation: Employee shall receive two-hundred thirty-five
dollars ($2aS¡ per month towards a 457 deferred compensation account of
Employee's choosing.
Other Benefits: Employee shall be eligible to receive the following benefits as
follows:
3)
2)
3)
5)
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. lf the Employee chooses to optout 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.
Dental: The City shall pay 100o/o of the monthly premium for the City's
dental insurance program for the Employee and all dependents.
Vision: The City shall pay 100o/o of the monthly premium for the City's
dental insurance program for the Employee and all dependents.
Life lnsurance: The City shall pay 100% of the premium for the City's
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b.
c.
d
e
life insurance program with a coverage amount of 2 times the
Employee's annual salary plus $20,000.
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
2)
a
b
Employee shall accrue 184 hours of vacation leave annually in an
equal amount each pay period.
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.
Payout of accumulated balance upon separation will be at 100%
Payout of 4O hours annually, if Employee has used at least 80 hours
during the previous twelve months and has reached the maximum
accrual level.
Employee shall accrue 96 hours of sick leave annually in an equal
amount each pay period.
Sick leave accrual is not limited.
Payout of accumulated balance upon separation will be at 50%.
Payout of up to 40 hours annually.
Floating Holiday:
a. Employee shall accrue 10 hours of floating holiday annually on July 1
d.
e.
Sick Leave:
b.
c.
d.
3)
J
b Employee shall not carry any accumulated floating holiday past June
30.
Floating Holiday usage must be authorized by the City Council.
4\ Management Leave
Employee shall accrue 80 hours of management leave annually in an
equal amount each pay period.
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.
Management leave usage must be authorized by the City Council
Payout of accumulated balance upon separation will be at 100%.
Payout of up to 80 hours twice annually, in December and June.
5) Holidays
January 1st (New Year's Day)
Third Monday in February (Washington's Birthday)
Last Monday in May (Memorial Day)
July 4th (lndependence Day)
First Monday in September (Labor Day)
November 11th (Veteran's Day)
Fourth Thursday in November (Thanksgiving Day)
The day following Thanksgiving Day
December 24th (Christmas Eve)
December 25th (Christmas Day)
December 31 (New Year's Eve Day)
G. Goals and Objectives Settinq
The City Council and Employee shall collaborate to establish annual goals and objectives for
Employee and the City.
H. Emplovee 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 a written amendment
to the agreement.
c.
a.
b.
c.
d.
e
a.
b.
c.
d.
e.
f.
g.
h.
i.
j
k.
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l. Work Schedule
The work schedule of the Employee will be determined by the City Council.
J. Memberships
CiÇ 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 willfrom 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 Emplovment. Resiqnation and Severance.
1)City reserves the right to terminate this Agreement at any time for any or no
reason.
ln 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.
2)
3)
4)
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.
Nothing in this agreement shall
the right of Employee to resign
subject only to Employee giving
This notice may be waived at
Employee's resignation may be
notice is given.
prevent, Iimit or othenryise interfere with
at any time from her position with City,
City thirty (30) days prior written notice.
the discretion of the City Council and
considered effective as of the date that
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M. Jury Dutv:
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 Aqreement.
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
othenruise, 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.
O. 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 lnvaliditv.
lf 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. Governinq 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.
ISTGNATURE PAGE FOLLOWSI
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lN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first above written.
EMPLOYEE
Maria Morris
CITY OF SAN JUAN CAPISTRANO
By:
Pam Patterson, Mayor
ATTEST
Assistant City Clerk
APPROVED AS TO FORM:
Jeff Ballinger, City Attorney
By:
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