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City’s contribution toward health benefits shall be equal to that provided to other full-time employees of the City as specified in the City’s employment policies.
B. Retirement Benefits. The City participates in the California Public Employees’ Retirement System (“CalPERS”), and Employee will be enrolled as a member in accordance with applicable law. Retirement benefits and employer and employee contribution rates will be determined in accordance with applicable law and the City’s contract with CalPERS.
C. Vacation: Employee shall accrue and use vacation in accordance with the terms and conditions of the Mid Manager’s Group (based on Employee’s original hire date). Employee may cash out up to eighty (80) hours of accrued, unused vacation annually only if budgeted funds are available to permit the cash out.
D. Sick Leave: Employee shall accrue sick leave in accordance with the terms and conditions of the Mid Manager’s Group (based on Employee’s original hire date). Employee shall be allowed to use sick leave in accordance with state law and any other sick leave policy applicable to all City employees. Employee may cash out up to ninety-six (96) hours of accrued, unused sick leave annually only if budgeted funds are available to permit the cash out.
E. Holidays. Employee is eligible for the paid holidays in accordance with the City’s policy.
F. Administrative Leave. It is recognized that employee must devote a great deal of time outside the normal offices to City business as City Manager. To that end, Employee shall receive eighty (80) hours of administrative leave per calendar year that must be used in the year granted and cannot be carried forward or accrued to subsequent years. Upon the Effective Date of this appointment, Employee’s existing administrative leave bank will be replenished to eighty (80) hours. Approved but unused administrative leave may be cashed out annually only if budgeted funds are available to permit the cash out. Administrative leave is only available for use or cash out in the year in which it is provided, has no other cash value, expires on December 31 of each calendar year, and may not be carried over into a subsequent year.
Section 7. Performance Evaluation
At any time within the first six months of Employee’s employment, and approximately annually thereafter in or about August each year of this Agreement, the City Council shall conduct an evaluation of Employee’s performance and provide feedback, guidance, and direction regarding the City’s goals and objectives which Employee shall be tasked with implementing. Nothing in this paragraph prohibits the City Council from conducting additional formal performance evaluations when deemed appropriate or from providing informal feedback to Employee regarding Employee’s performance.
Section 8. Termination of Employment; Severance Eligibility A. No Property Interest: Employee understands and agrees that Employee has no constitutionally-protected property or other interest in Employee’s employment as City Manager.
Employee understands and agrees that Employee works at the will and pleasure of the City
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Council, and that Employee may be terminated, or asked to resign, at any time, with or without cause, by a majority vote of its members. Notice of termination shall be provided to Employee in writing.
B. Employee Resignation and Notice. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Employee to resign voluntarily at any time from the position of City Manager, in which case Employee is requested to voluntarily provide the sixty (60) days’ notice in advance, unless the Parties agree otherwise. In the event the Employee voluntarily resigns without being asked by City to resign (as provided in subsection C below), the Employee shall not be eligible for nor entitled to any severance pay.
C. Severance Pay. If Employee is asked to resign or is terminated without cause, as City Manager, then Employee shall be eligible to receive a cash payment equivalent to the sum of Employee’s base monthly salary multiplied by six (6) (or by the remaining number of months in the Agreement, whichever is less, in accordance with California Government Code section 53260).
This cash payment, at the City Council’ discretion, will be paid either on a prorated, monthly basis over the number of months involved or as a lump sum. Eligibility for such severance payment is expressly conditioned upon Employee’s execution of (i) a waiver and release of any and all of Employee’s claims against City (and its officers, employees, etc.) to the full extent permitted by law, in a form prepared by or approved by City legal counsel, and (ii) a covenant not to sue. All normal payroll taxes and withholdings as required by law shall be made with respect to any amounts paid under this paragraph. Upon termination, employee shall also be paid for any accrued, but unused, vacation leave, but not accrued sick leave or administrative leave.
D. For Cause Termination; Ineligibility for Severance. If Employee is terminated for cause, Employee shall not be eligible for nor paid any severance pay except as provided in the remainder of this subsection. “Cause” is defined as a conflict of interest; any acts of dishonesty, fraud, misappropriation or misrepresentation; an unreasonable refusal to comply, or failure to act in accordance, with lawful direction given by the City Council; repeated neglect of duties required to be performed under this Agreement; gross mismanagement; and any acts of moral turpitude (on or off duty.) In the event that Employee’s employment and this Agreement are terminated for cause, Employee will be presented with a general description of the basis for said cause. If Employee seeks to challenge that determination, Employee’s sole remedy shall be a judicial action in declaratory relief to determine whether there was substantial evidence of “cause” as defined above.
If the court determines there was not substantial evidence, Employee shall receive the severance pay provided in this subsection, but no other damages, attorneys’ fees, litigation costs expenses or other award. Under no circumstances shall the Employee be entitled to reinstatement as a result of such action.
Section 9. Payment of Expenses of Employment
A. Fidelity and Other Required Bonds. City will pay the cost of any fidelity or other bonds required of the Employee under applicable law.
B. Indemnity. In accordance with and subject to the California's Government Claims Act (Government Code §810 et seq), City will defend and indemnify Employee against and for all
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losses sustained by Employee arising in the scope of, and in direct consequences of, the discharge of duties on the City’s behalf for the period of Employee’s City employment. City’s obligation to defend and indemnify Employee shall extend only to the entry of a final judgment by the trial court, and shall not extend to providing defense or indemnity in connection with an appeal of the judgment, unless otherwise specifically provided by law. City will determine, in its sole discretion, whether to compromise and settle any such claim or suit against Employee and the amount of any settlement or judgment rendered thereon.
C. Professional Development and Memberships. Subject to budget approval, City will pay the reasonable dues for Employee’s membership in professional organizations associated with the office of City Manager.
D. Professional Events. Subject to budget approval, the City will pay the cost of attending conferences or other events (i.e. out-of-town meetings, professional seminars, etc.) necessary for the proper discharge of Employee’s duties. City will allow Employee reasonable time away from regular duties to participate in the annual conferences of these organizations.
E. Necessary Employment Expenses. City will reimburse Employee for all expenses necessarily incurred in performing duties under this Agreement for the benefit of the City. Such expenses must be supported by written receipts and will be processed in accordance any established City expense policy. Employee must obtain approval from the Mayor before incurring any travel-related expenses related to attendance at any conferences associated with City management functions. Reimbursable expenses include travel, accommodations, and registration for conferences, and meals.
Section 10. Miscellaneous/General Provisions
A. Notices. Notices pursuant to this Agreement shall be given by personal service, by overnight delivery service (e.g. Federal Express), or by depositing into the custody of the United States Postal Service, postage prepaid, addressed as follows:
Employer: City of Atwater
1160 Fifth Street
Atwater, CA 95301
Attn: Mayor
Employee Janell A. Martin
Mailing address last on file with City
Notice shall be deemed given as of the date of personal service or as of the business day following the date of deposit of such written notice in the course of transmission by overnight delivery or by the United States Postal Service.
B. Entire Agreement. This Agreement sets forth and establishes the entire understanding between City and Employee with respect to the City Manager appointment. Any prior discussions or representations by or between the parties regarding this appointment are merged into and rendered null and void by this Agreement.
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C. Other Employment Terms and Conditions; Agreement Amendments. The City Council reserves the right to unilaterally modify the terms of this agreement to comply with applicable law (and to notify Employee of such modification as soon as possible), as well as to fix (in consultation with Employee) any such other terms and conditions of employment that are not inconsistent or in conflict with this Agreement. In addition, the parties may, by mutual written Agreement approved by majority of the City Council and signed by both Parties, amend any provision of this Agreement during the life of the Agreement. Such amendments shall be incorporated and made a part of this Agreement. Any purported amendment not in compliance with this subsection shall be null and void.
D. Attorney’s Fees. If any legal action or proceeding is brought to enforce or interpret this Agreement, each party shall bear their own attorney’s fees as may be incurred in enforcing any judgment or order entered in any such action.
E. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision.
F. Binding Agreement. This Agreement is binding upon, and shall inure to the benefit of, Employee’s heirs and executors.
G. Statutory Requirements. This Agreement shall be deemed to incorporate by reference the provisions of Sections 53243 et seq. of the Government Code, as it may be amended or renumbered.
H. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Employee and City agree that venue for any dispute shall be in Merced County, California. Nothing in this subsection precludes the Parties from, by mutual agreement, utilizing alternative dispute resolution methods such as arbitration.
I. Representation by Counsel. The parties acknowledge and agree that they were, or had the opportunity to be, represented individually by legal counsel with respect to the matters that are the subject of this Agreement and that they are fully advised with respect to their respective rights and obligations resulting from signing this Agreement.
J. Waiver. Any failure of a party to insist upon strict compliance with any term, undertaking, or condition of this Agreement shall not be deemed to be a waiver of such term, undertaking, or condition. To be effective, a waiver must be in writing, signed and dated by the parties.
K. Counterparts. The Agreement may be executed in two or more counterparts, including via facsimile or electronically-transmitted signature, each of which shall be deemed an original, but all of which together shall constitute one-in-the-same document.
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L. No Assignment. Employee may not assign or transfer this Agreement in whole or in part. Any such purported assignment or transfer shall be null and void.
M. Public Record. Employee acknowledges that this Agreement is a public record subject to public review and disclosure under California law.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date specified above.
EMPLOYER:
CITY OF ATWATER
By: ____________________
_____________________
____________________
Date
EMPLOYEE:
________________________
Janell A. Martin
APPROVED AS TO FORM
________________________
Frank Splendorio, City Attorney
____________________
Date
____________________
Date
CITY MANAGER
DEFINITION
Under the administrative direction of the City Council, to plan, organize, manage, and direct the functions of City government; to represent City Council policies and programs with City staff, community organizations, other agencies, and the public; to review City departments’ annual budget requests and develop final expenditure recommendations for presentation to the City Council; to be responsible for employer-employee relations; and to do related work as required. Serves as Disaster Service Worker. FLSA Status:
Exempt.
DISTINGUISHING CHARACTERISTICS
This single position class serves as Chief Executive Officer for the operation of City government and the providing of public services. The incumbent serves at the pleasure of the City Council.
REPORTS TO
The City Council.
CLASSIFICATIONS SUPERVISED
Department Heads.
ESSENTIAL FUNCTIONS
Serves as Chief Executive Officer for the City of Atwater; provides the City Council and management with advice and consultation on the development of City services and policies; coordinates the agenda for City Council meetings; directs special studies and surveys to determine the effectiveness of City government; keeps City Council members informed of the activities and potential problems of City services; represents City Council policies with employees, other government agencies, the public, and community organizations; reviews department budget requests, overseeing preparation of the annual budget and developing recommendations on final expenditure levels for presentation to the City Council; oversees expenditure controls for the adopted budget; maintains a continued awareness of administrative practices and recommends changes to the City Council; has responsibility for City employer-employee relations; reviews the operations of City departments for conformance with appropriate work standards; selects, directs, and evaluates executive management staff; coordinates City functions with other government agencies; oversees the preparation and administration of grant applications; responds to the most sensitive citizen information requests and complaints; serves as the Executive Director of the Fire District, Chief Finance Officer, Chief Building Official, Executive Director of Redevelopment Agency, and Executive Director of the Housing Authority. Attend night and weekend meetings.
TYPICAL PHYSICAL REQUIREMENTS
Sit for extended periods; frequently stand and walk; normal manual dexterity and eyehand coordination; lift and move objects weighing up to 25 pounds; corrected hearing Exhibit A
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and vision to normal range; verbal communication; use of office equipment including computer, telephone, calculator, copiers, and FAX.
TYPICAL WORKING CONDITIONS
Work is normally performed in an office environment; frequent driving to different locations throughout the City; continuous contact with other staff and the public.
Knowledge of:
• Principles and practices of public administration including administrative analysis, fiscal planning, and control, policy, and program development. • Laws, rules, ordinances, and legislative processes controlling municipal government services and operations.
• Organization, problems, and functions of municipal government. • Research and evaluation methods.
• Personnel, employer-employee relations, and equal employment opportunity programs, procedures, and requirements.
• Principles of management, supervision, training, and employee evaluation. • Personal computers, and software applications related to City management and administration.
Ability to:
• Plan, organize, manage, coordinate, and supervise the functions and services of the City to achieve efficient operations and achieve program goals. • Prepare and administer the City budget and oversee fiscal records. • Coordinate the preparation of the City Council agenda. • Direct the gathering, organization, analysis, and presentation of a variety of data and information.
• Prepare clear, concise, and accurate records and reports. • Evaluate, formulate, and develop recommendations on improvements to City operations, programs, and services.
• Provide advice and consultation to the City Council on the development of ordinances, regulations, programs, and policies.
• Communicate well during public presentations.
• Exercise supervisory and management authority tactfully and effectively. • Effectively represent the City’s policies, programs, and services with the public, community organizations, City staff, and other government agencies. • Establish and maintain cooperative working relationships.
TYPICAL WORKING CONDITIONS
Work is normally performed in an office environment; frequent driving to different locations throughout the City; continuous contact with other staff and the public.
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MINIMUM QUALIFICATIONS
Training and Experience:
• Five (5) years of broad and extensive management, supervisory, and administrative experience, preferably including work in a public agency involving development and administration of programs, budgets, and public services.
Education:
• Graduation from an accredited college or university with a Bachelor’s degree in public administration, business administration, or a closely related field. Education requirements may be substituted with equivalent public administration and/or local government experience.
DESIRED QUALIFICATIONS
• A Master’s degree in public administration, business administration, or a closely related field.
SPECIAL REQUIREMENTS
• None.
License:
• Possession of a valid California driver’s license.
The contents of this class specification shall not be construed to constitute any expressed or implied warranty or guarantee, nor shall it constitute a contract of employment. The City of Atwater assumes no responsibility beyond the general accuracy of the document, nor does it assume responsibility for any errors or omissions in the information contained herein. The contents of this specification may be modified or revoked without notice. Terms and conditions of employment are determined through a meet and confer process and are subject to the Memorandum of Understanding currently in effect.
Rev. 2-26-24