B0785-0301\2959659v1.doc 5/3/2024
AGENDA REPORT
Meeting Date: May 7, 2024
Item Number:
To: The Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: AMENDMENT NO. 2 TO THE EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF BEVERLY HILLS AND NANCY HUNTCOFFEY Attachment: 1. Amendment No. 2
RECOMMENDATION
The City Attorney’s Office recommends that the City Council approve Amendment No.2 to the Employment Agreement between Nancy Hunt-Coffey and the City.
INTRODUCTION
This Amendment will amend the Employment Agreement between City Manager Nancy Hunt-Coffey and the City of Beverly Hills made on June 21, 2022 and amended effective April 1, 2023. The Amendment will award Ms. Hunt-Coffey performance pay of 8% of her base salary and will increase to 400 hours the amount of vacation time that she can accrue However, the Amendment will not increase the amount of vacation time awarded nor would increase the amount of vacation time that can be cashed out annually.
DISCUSSION
The terms and conditions of Ms. Hunt-Coffey’s employment by the City as City Manager are specified in the employment agreement between the City and Ms.
Hunt-Coffey. This Agreement provides that the City Council will review performance annually and provides the City Council with the option of granting B0785-0301\2959659v1.doc
performance pay up to 10% of the City Manager’s base pay. Following this year’s review, this proposed Amendment to the Employment Agreement provides for an 8% pay for performance award.
The proposed Amendment also increases to 400 hours the amount of vacation time that Ms. Hunt-Coffey can accrue. This increase is in recognition of the circumstance that Ms. Hunt-Coffey has been unable to take her normal vacation due to the requirements of the job. However, there is no change to the amount of vacation awarded or to the amount of vacation that can be annually cashed out.
FISCAL IMPACT
The performance pay will have a fiscal impact of $32,251.36 during this fiscal year. Based on her current salary, the increase in vacation accrual could potentially have an approximately $31,000 impact in the year that Ms. HuntCoffey leaves employment if she does not use her vacation time.
Laurence S. Wiener,
City Attorney
Approved By
Attachment 1
B0785-0301\2946869v1.doc -1-
AMENDMENT NO. 2 TO THE EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF BEVERLY HILLS AND NANCY HUNT-COFFEY The Employment Agreement, made as of June 21, 2022, identified as Agreement No. 396-22 (“Agreement”), between the City of Beverly Hills (“City”) and Nancy HuntCoffey (“Employee”), and amended by Amendment No. 1 identified as Agreement No. 341-23, is further amended by this Amendment No. 2 (“Amendment”), effective as of May 7, 2024.
A. On June 21, 2022, the City and Employee entered into the Agreement providing for employment of Employee as City Manager from January 1, 2023 through December 31, 2025.
B. The Agreement was amended by Amendment No. 1, effective April 1, 2023.
C. Section 3.C of the Agreement provides for a yearly salary and performance review, in which the City Council may approve performance pay up to and including 10% of Employee’s annual base salary.
D. Section 5.C of the Agreement states that Employee shall accumulate accrued vacation up to a maximum of 240 hours per year.
E. The City Council and Employee have agreed to adjustments in the Agreement, and the parties desire to amend the Agreement to reflect such changes.
NOW, THEREFORE, the parties amend the Agreement as follows:
1. Sub-paragraph 1 is hereby added to Section 3, sub-paragraph C to read as follows:
“Based on its annual performance evaluation, which took place in March 2024, Employer grants Employee a one time, lump sum 8% pay-for-performance award pursuant to Section 3.C of the Agreement.
The parties agree that the gross amount of performance pay is $32,251.36. The performance pay will be paid as part of the next available payroll cycle. The performance pay is not an addition to base pay and does not alter the City’s salary schedule.”
2. Section 5.C is amended to read:
“Vacation and other paid leaves susceptible to advance scheduling shall be scheduled with the City Council in advance. When a holiday falls within Employee’s vacation leave, the leave time shall be extended or credited by the amount of the holiday time. Employee shall accumulate accrued vacation up to a maximum of 400 hours.
The current year accrual shall not be included in the accumulation. By December 15 of each year, Employee may make an irrevocable election to cash out up to 80 hours which will be earned in the following calendar year, provided that at the time of the cash out, Employee has a minimum of 240 hours of accrued vacation leave.
Employee will be paid for the vacation hours (up to a maximum of 80 DocuSign Envelope ID: A570E014-99CB-466D-9A60-F5E98D460031 B0785-0301\2946869v1.doc -2-
hours) that she irrevocably elected to cash out on the first pay day in January of the following calendar year. The leave shall be paid at Employee’s then existing rate of pay. If Employee is above the limit at the end of the calendar year (following cash payment, if any), Employee will receive no additional vacation accumulation until her accumulation is below the limit.”
3. Except as expressly amended by this Amendment, all of the provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be signed and executed personally or on its behalf by its duly authorized representative.
EMPLOYEE
__________________________
NANCY HUNT-COFFEY
CITY
CITY OF BEVERLY HILLS,
A California Municipal Corporation
By: _______________________
LESTER J. FRIEDMAN, Mayor
City of Beverly Hills, California
ATTEST:
__________________________(Seal)
HUMA AHMED
City Clerk
APPROVED AS TO FORM:
__________________________
LAURENCE S. WIENER
City Attorney
DocuSign Envelope ID: A570E014-99CB-466D-9A60-F5E98D460031 Certificate Of Completion
Envelope Id: A570E01499CB466D9A60F5E98D460031 Status: Sent Subject: URGENT - Complete with DocuSign: Amendment No. 2 to Employment Agreement - Nancy Hunt-Coffey.pdf Source Envelope:
Document Pages: 2 Signatures: 2 Envelope Originator:
Certificate Pages: 3 Initials: 1 Jill Doohen
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.166
Record Tracking
Status: Original
5/2/2024 6:33:11 PM
Holder: Jill Doohen
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Cindy Owens
[email protected]
Policy & Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
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Using IP Address: 198.245.189.166
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Nancy Hunt-Coffey
[email protected]
City Manager
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Stephanie Cao for
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Signed: 5/3/2024 1:32:21 PM
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Cindy Owens
[email protected]
Policy & Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 5/3/2024 1:32:22 PM
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Lester J. Friedman
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Huma Ahmed
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Keith Sterling
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