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HomeMy WebLinkAboutReso 95-030 - Approving Entering into an employment agreement with W. Leonard Wingate as City Attorney for the COR 0 RESOLUTION NO. 95-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING ENTERING INTO AN EMPLOYMENT AGREEMENT WITH W. LEONARD WINGATE AS CITY ATTORNEY FOR THE CITY OF REDDING. IT IS HEREBY RESOLVED that the City Council of the City of Redding hereby approves entering into the attached Employment Agreement with W. Leonard Wingate as City Attorney for the City of Redding. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign said Agreement on behalf of the City; and the City Clerk is directed to attest the signature of the Mayor and to impress the official seal of the City of Redding thereto. I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at a regular meeting of the City Council on the 7th day of February, 1995, by the following vote: AYES: COUNCIL MEMBERS: P. Anderson, Kehoe, McGeorge, Murray and R. Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None BERT C. ANDERSON, Mayor City of Redding ATTEST: FORM APPROVED: CONNIE STROHMA DOUGLAS 41. CALKINS (� City Clerk Interim City Attorney EMPLOYMENT AGREEMENT This Agreement is made and entered into this day of , 1995 by and between the City of Redding (hereinafter called "Employer" or "City"), and W. Leonard Wingate as City Attorney (hereinafter called "Employee"). RECITALS 1. Employer desires to employ the Employee as City Attorney of the City of Redding pursuant to the authority as set forth in applicable state law including, but not limited to, Government Code section 41800, et seq. and the Redding Municipal Code. 2. The Employer and the Employee desire to set forth in this Agreement the terms, conditions and benefits of such employment. 3. The Employee desires to accept employment as City Attorney as set forth herein. NOW,THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1. DUTIES: Employer hereby employs Employee as City Attorney of the City to perform such functions and duties specified in the California Government Code and in the Redding Municipal Code as the City Council shall from time to time assign. SECTION 2. SALARY AND BENEFITS: A. Employer shall pay to Employee for his services rendered pursuant hereto, a yearly salary of ONE HUNDRED THOUSAND AND FIVE HUNDRED DOLLARS ($100,500) payable in installments at the same time as other employees of the Employer are paid. The salary of the Employee shall at all times exceed, by at least ten percent (10%), the salary of the highest paid employee of the City of Redding who is supervised by the Employee. • • B. As additional compensation,Employer shall pay into a deferred compensation program the sum of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500) per year, payable monthly. The deferred compensation shall be structured as a tax exempt contribution in the year in which made and shall be available to Employee upon retirement or termination of employment. For the purpose of this provision, the anniversary date of employment shall be March 15 of each year. C. Employer shall purchase Employee Public Employee Retirement System Contribution entitlements relating to Employee's employment with the County of Shasta in equal installments over seven (7) consecutive years. D. Employer shall provide Employee those benefits including, but not limited to, all leaves, insurance, and deferred compensation provided to other executive management employees of the City who are supervised by the Employee. E. Employer shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of Employee, except to a degree of such a reduction across the board for all management employees of the Employer. F. Employee shall accrue vacation at the rate of three (3) weeks per year and shall be entitled to an additional two (2) weeks administrative leave. G. Employee shall begin employment with one (1)week sick leave credit and will begin accruing sick leave at twelve (12) days per year on April 1, 1995. SECTION 3. AUTOMOBILE: Employee shall have a monthly automobile allowance of THREE HUNDRED FIFTY DOLLARS ($350) paid by Employer to Employee. Employee's right to reimbursement for automobile mileage expense shall be limited to trips which exceed one hundred (100) miles round trip. SECTION 4. DUES AND SUBSCRIPTIONS: Employer agrees to budget and to pay for the professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state and local associations and organizations, including but not limited to the State Bar of California, necessary and desirable for his continued professional participation, growth and 2 advancement, and for the good of the Employer, not to exceed fifteen hundred dollars ($1,500) per year. SECTION 5. GENERAL EXPENSES: Except for the automobile mileage reimbursement limitation set forth in Section 3, Employer shall reimburse Employee for necessary and actual expenses incurred by the Employee in the performance of the duties hereunder at the rate and for the purposes set forth in currently adopted City of Redding ordinances and policies. SECTION 6. AT WILL EMPLOYMENT: Employee is employed as an "at-will" employee - that is, there is no fixed term or minimum term. Employee and the Employer may each terminate this Agreement and discharge the Employee from his employment at any time for any reason or for no reason, with or without notice. Notwithstanding the provisions of Sections 7 and/or 8 or any other provision of this Agreement, the parties agree that the Employee is employed as an "at will" employee. SECTION 7. TERMINATION WITHOUT CAUSE AND SEVERANCE: A. In the event the Employer terminates this Agreement and discharges the Employee from his Employment hereunder, for no reason or for any reason, except as set forth in Section 8, the Employer shall pay to the Employee, or his estate, in a lump sum or in installments without interest as the Employee or the executor of his estate may demand, an amount equal to four (4) months of the Employee's current annual salary, plus any of Employee's vacation and sick leave and the amount of paid-in deferred compensation. Upon payment and acceptance of said sum by the Employee or his estate, the Employer shall not be obligated by contract, statue or otherwise to pay Employee any additional amount of money for any reason. Employee accepts and acknowledges that the sum set forth in this paragraph 7.A. are the only amounts which the Employer will owe to pay to Employee in the event of such discharge and termination of this Agreement and/or the manner or means by which same is accomplished. In exchange for the payment of the guaranteed amounts set forth in this paragraph 7.A., the Employee hereby waives, releases and discharges the Employer and its agents and employees from all acts or omissions of 3 • them occurring prior to said payment and each and every, all and singularly, generally and specifically, all causes of action, if any, against the Employer because of the discharge and hereby promises and covenants not to sue the Employer for any reason, save and except for the Employer's failure to pay said sum as promised hereinabove. Should the Employee sue the Employer in violation of the above-stated promise, said suit shall be considered null and void and without merit and Employee shall, by suing, relinquish all rights(if any) to the four (4) month's salary as set forth hereinabove. Should the Employee sue the Employer in violation of the above stated promise, then the Employee shall immediately repay all sums previously paid under this paragraph, with interest, irrespective of the outcome of any such suit or its dismissal. B. In the event Employee voluntarily resigns from his employment with the Employer, the Employee shall give the Employer two months written advance notice unless the Employer and Employee agree otherwise. In the event the Employee voluntarily resigns, neither the four (4) month's salary nor any portion thereof shall be paid to the Employee. SECTION 8. TERMINATION FOR CAUSE: In the event the Employer terminates this Agreement and discharges the Employee from his employment hereunder,because the Employee has breached this Agreement or for any other cause including, but not limited to, dishonesty, malfeasance, misfeasance, nonfeasance, misrepresentation, negligence, conviction of any felony or conviction of any misdemeanor involving moral turpitude or incapacity due to injury or illness (physical or mental), then the Employer shall not be obligated to pay the Employee of his estate the four (4) month's salary nor any portion thereof as referenced in paragraph 7.A. SECTION 9. BONDING: Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. SECTION 10. PERFORMANCE: During his employment, Employee shall devote his entire time and attention to the interest of the Employer in a manner consistent with the highest professional standards and 4 Employer policies. Employee shall not teach, consult, or perform other non-City connected business or employment without the express prior written approval of the City Council. Employee shall be entitled to complete his commitments to his private practice clients that cannot be resolved prior to March 15, 1995. Employee shall work closely with the City Manager to insure that no disruption of services occurs as a result of Employee's completion of his private practice commitments. SECTION 11. OTHER TERMS AND CONDITIONS OF EMPLOYMENT: A. The City Council, after consultation with the City Attorney, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City ordinances or any other law. B. Upon retirement, the Employee is entitled to payment by the City of medical insurance program premiums, if any, as then may be available to other retiring City of Redding employees. SECTION 12. OPTIONAL EVALUATION: The City Council is not required to but may evaluate the Employee. Upon request of the City Council, the Employee shall provide to the City Council proposed goals and objectives for the office of the City Attorney and proposed evaluation documents,forms and instruments. The City Council may, but is not required to, establish goals and objectives for the Employee after consultation with the Employee. SECTION 13. COMPENSATION REVIEW: The City Council and the Employee shall, every July, beginning July, 1996, review the compensation paid to the Employee and thereupon shall grant to the Employee a cost of living salary adjustment in an amount at least as high as the second highest cost of living adjustment, if any, which the Employer has negotiated with any represented group of employees during the prior fiscal year unless the Employee, during the prior fiscal year, has received an unsatisfactory evaluation under Section 12, above. 5 SECTION 14. NOTICES: Notices pursuant to this Agreement shall be given by deposit in the United States Postal Services, postage prepaid, addressed as follows: 1. Employer: Mayor City of Redding 760 Parkview Redding, California 96001 2. Employee: W. Leonard Wingate City Attorney City of Redding 760 Parkview Redding, California 96001 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as applicable to civil judicial process. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States Postal Service. SECTION 15. GENERAL PROVISIONS: A. The text herein shall constitute the entire agreement between the parties. There are no oral agreements or understandings or any other written agreements which directly or indirectly affect the employment relationship between the Employer and the Employee. B. The Employee shall commence rendering services hereunder no later than March 15, 1995. C. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall be not affected, and shall remain in full force and effect. D. No addition, modification, amendment or deletion to this Agreement shall be valid unless it is in writing and executed by the parties to this Agreement. 6 IN WITNESS WHEREOF, the City of Redding has caused this Agreement to be signed and executed in its behalf by its Mayor and duly attested by its City Clerk, and the Employee has signed and executed this Agreement, the day and year first above written. CITY OF REDDING, EMPLOYER: By: Robert Anderson, Mayor City of Redding State of California CITY OF REDDING, EMPLOYEE: By: W. Leonard Wingate, Employee ATTEST: City Clerk 7