Agenda Item C.2
CPMS DISCUSSION/ACTION ITEM
Meeting Date: July 19, 2022
____________________________________________________________
TO: Mayor and Councilmembers
FROM: Paula Perotte, Mayor
James Kyriaco, City Councilmember
CONTACT: Megan Garibaldi, City Attorney
Kristine Schmidt, Assistant City Manager
SUBJECT: Appointment of City Manager and Approval of Employment Agreeme nt
RECOMMENDATION:
A. Adopt Resolution No. 22-__ entitled, "A Resolution of the Ci ty Council of the City of Goleta, California, Appointing Robert Nisbet as City Manager and Approving the Employment Agreement Between the City of Goleta and Robert Nisbet”; and B. Adopt Resolution No. 22-__ entitled, "A Resolution of the Ci ty Council of the City of Goleta, California, Amending the City of Goleta Schedule of Authorized Positions and the City of Goleta Salary Schedule and Classification Plan for Fiscal Year 2022/23, to adjust the City Manager salary and to include the new position of Manager Emeritus effective September 1, 2022,”
C. Approve the appointment of Michelle Greene to the Manager Em eritus position effective September 1, 2022, to be available to assist with tra nsition activities, as needed by and subject to the exclusive supervision and oversigh t of the new City Manager.
BACKGROUND:
On February 16, 2022, Goleta’s City Manager Michelle Greene submitted her resignation to the City Council with the intent to retire after 18 distinguished years of service with the.
Ms. Greene agreed to continue to serve the City in her City Man ager role to allow time for the Council to conduct a recruitment for her replacement and for a period of transition thereafter.
The City Manager is one of only two positions (the other being the contract City Attorney) that report directly to the City Council and oversees virtually all City staff and operations.
The City Council retained a top professional executive recruiter, Heather Renschler from Ralph Andersen and Associates, to conduct a nationwide recruitm ent. The City invited 1 Meeting Date: July 19, 2022
top applicants to participate in a series of interviews and has selected the applicant that the Council found best suited to serve as the new City Manager.
DISCUSSION:
City Manager Appointment and Employment
With the adoption of the resolution attached as Attachment 1, the City Council will officially appoint Robert Nisbet as City Manager and approve his employmen t contract. Pursuant to the Resolution and employment contract, Mr. Nisbet’s first day as City Manager will be September 1, 2022. After the conclusion of the interview proces s and additional background and reference checks, the City Council had authorized the City Attorney and Assistant City Manager, with the assistance of Andersen and Ass ociates and under the supervision of the City Council’s Ad Hoc Negotiating Committee, to negotiate an agreement within established parameters with Mr. Nisbet.
Mr. Nisbet is currently the City Manager of the City of Half Moon Bay, where he has served for almost four years. His key accomplishments at Half Moon Bay include guiding the completion of the city’s Local Coastal Plan, a successful ballot measure to increase transient occupancy tax to 15 percent, a MOU with San Mateo County for operation of a new homeless shelter, and initiation of a coast side economic r ecovery effort in light of the pandemic.
In total, Mr. Nisbet brings more than 28 years of professional management experience, including six previous years as Assistant General Manager for t he East Bay Regional Park District, 12 years with the Santa Barbara County General S ervices Department (including seven years as the Department Director), and seven years as the Public Works Director for the City of Carpinteria. He has a B.S. in constru ction management from Washington State University and a M.A. in Economics from U.C. Santa Barbara, with an emphasis in public finance and urban economics.
His significant professional a ccomplishments and experience in the region will be great assets to the City of Goleta.
The terms of an employment agreement have been negotiated with and approved by Mr.
Nisbet (Exhibit 1 to Attachment 1). The compensation is typical for similar positions in the State, competitive in the context of Mr. Nisbet’s current total compensation, and reflects the fact that this post is the City’s Chief Executive Officer with organization-wide management responsibility and accountability.
The Employment Agreement includes the following highlighted compensation terms:
Compensation Amount
Base Salary $291,000/year ($139.90/hourly)
Subject to CPI increase with 4%/year max.
Health Insurance $1295/month (standard department head) or up to $950/month cash in lieu
457 Deferred Comp Plan Contribution $8,000 per year
2 Meeting Date: July 19, 2022
Vehicle Allowance $700/month
Home Technology Allowance $150/month
Vacation 120 hours/year, 320 hour accrual max., up
to 100 hours/year cash out
Management Leave 80 hours/year
Sick Leave 8 hours/month
Other leaves Same City holidays and other leaves
granted to executive management
Life & Long-term disability insurance 1x annual salary plus City’s standard Long-term Disability and Accidental Death
and Dismemberment
Relocation Assistance Up to $10,000 one-time reimbursement
The agreement also includes provision related to reimbursement of work-related expenses and support for professional memberships and professional development. The initial term of Mr. Nisbet’s contract will be three years, subject to early termination with 6- months’ severance, except if such termination is for cause, as defined under the agreement. Such severance provision is typical of City Manager contracts. The full contract with all terms and conditions is included as Attachment 1.
Manager Emeritus
Under current City Manager Michelle Greene’s separation agreement, approved by the City Council on May 17, 2022 (Attachment 2), her last day in her role as City Manager will be August 31, 2022 After her last day as City Manager, Ms. Greene will stay on as a City employee and use her accrued leave time, during which time she will be reasonably available to the City to answer questions and advise on pending matters while on accrued leave. As identified in the separation agreement, Ms. Greene’s commitm ent of time to City business would be 7.5 hours per week. If the new City Mana ger, in his discretion, deems that City business requires greater services from Ms. Greene, he may elect to pause Ms. Greene’s leave and ask her to work in a part-time capacity (no more than 22.5 hours per week) at her current hourly rate of ($128.79/hour) an d resume her leave once such additional work is complete.
In order to effectuate the terms of the separation agreement in which Ms. Greene would stay on as an employee while the new City Manager transitions i nto the role, a classification of “Manager Emeritus” to the City’s classification plan and establishment of the salary at the agreed upon rate are necessary (Attachment 3) Ms. Greene will report exclusively to the new City Manager in her capacity as Manager Emeritus.
Ms. Greene’s separation agreement will terminate on the date that Ms. Greene’s accrued management and/or vacation leave is exhausted. It is possible that Ms. Greene could be retained as a consultant for the City to work on special projec ts thereafter, such as on certain longstanding matters where her continued involvement could be beneficial to the City. However, any continuation of her services thereafter will be the subject of a separate agreement as negotiated and recommended by Mr. Nisbet.
3 Meeting Date: July 19, 2022
FISCAL IMPACTS:
The compensation package represents an annual budget increase o f approximately $30,000 per year and a one-time increase up to $10,000 for relocation assistance. Salary savings from vacancies may cover some or all of this difference in the current fiscal year.
A mid-year adjustment will be brought to the City Council with additional appropriations, if necessary.
ALTERNATIVES:
The Council may choose not to approve this agreement, and to provide alternate direction to staff. It is not appropriate to deliberate on the selection of the candidate in open session nor to negotiate different employment terms with the candidate in open session. If Council wishes to give alternative selection or negotiation parameters to staff and the Personnel Committee, Council should give direction to staff to schedule a closed session for this purpose. Should Council not proceed with the action today, it may be necessary to enter negotiations with Ms. Greene to extend her contract.
Reviewed By: Legal Review By:
___________________ ___________________
Kristine Schmidt Megan Garibaldi
Assistant City Manager City Attorney
ATTACHMENTS:
1. A Resolution of the City Cou ncil of the City of Goleta, California, Appointing Robert Nisbet as City Manager and Approving the Employment Agreement B etween the City of Goleta and Robert Nisbet”
2. Current City Manager Michelle Greene’s Separation Agreement
3. A Resolution of the City Cou ncil of the City of Goleta, California, Amending the City of Goleta Schedule of Authorized Positions and the City of Goleta Salary Schedule and Classification Plan for Fiscal Year 2022/23, to adjust the City Manager salary and to include the new position of Manager Emeritus.
4 ATTACHMENT 1
Resolution No. 22-__ entitled, “A Resolution of the City Council of the City of Goleta, California, Appointing Robert Nisbet as City Manager and Approving the Employment Agreement Between the City of Goleta and Robert Nisbet”
5 RESOLUTION NO. 22-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GOLETA,
CALIFORNIA, APPOINTING ROBERT NISBET AS CITY MANAGER
AND APPROVING THE EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF GOLETA AND ROBERT NISBET
WHEREAS, on February 16, 2022, Goleta’s City Manager Michelle Green e submitted her resignation to the City Council indicating her in tent to retire from the City after 18 distinguished years of service with the City and, purs uant to a separation agreement, Ms. Greene will serve her last day as City Manager on August 31, 2022; and WHEREAS, over the last several months, the City Council has engaged in a formal competitive executive recruitment process for selecting a qualified candidate to fill the City Manager position, and with the recruitment process having now been completed, the City Council has identified and selected Robert Nisbet for the position; and WHEREAS, pursuant to Goleta Municipal Code Chapter 2.03, the City Coun cil now desires to appoint Robert Nisbet as the City Manager of the City of Goleta and to retain Mr. Nisbet and establish the terms and conditions for su c h e m p l o y m e n t b y approving the attached Employment Agreement Between the City of Goleta and Robert Nisbet; and
WHEREAS, pursuant to Government Code Section 36506, the City Council i s required to establish the compensation of the City Manager by Resolution, which such appointed public official shall hold office at the direction and pleasure of the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GOLETA DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.
SECTION 2: Robert Nisbet is hereby appointed City Manager for the City of Goleta effective September 1, 2022.
SECTION 3: The City Council hereby approves and authorizes the Mayor to execute the Employment Agreement Between the City of Goleta and Robert Nisbet, dated July 19, 2022, which agreement is attached hereto as Exhibit 1 and is incorporated herein by reference with an effective date of July 19, 2022 and term o f office commencement date of September 1, 2022.
SECTION 4: The City Clerk is hereby directed to administer the Oath of Office.
6 SECTION 5: That all previous Resolutions appointing the City Manager are hereby repealed.
PASSED, APPROVED AND ADOPTED this 19th day of July, 2022.
_______________________
P A U L A P E R O T T E , M A Y O R
A T T E S T : A P P R O V E D A S T O F O R M :
_______________________ ________________________
DEBORAH S. LOPEZ MEGAN GARIBALDI
C I T Y C L E R K C I T Y A T T O R N E Y
7 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, Califor nia, DO HEREBY CERTIFY that the foregoing Resolution No. 22-__ was duly adopte d by the City Council of the City of Goleta at a regular meeting held on the 19 th day of July, 2022, by the following
roll call vote of the Council:
AYES:
NOES:
ABSENT:
( S E A L )
______________________________
D E B O R A H S . L O P E Z
C I T Y C L E R K
8 65266.00329\40303986.3
EMPLOYMENT AGREEMENT
BETWEEN
THE CITY OF GOLETA AND ROBERT NISBET
THIS EMPLOYMENT AGREEMENT (“ Agreement”) is made and entered into effective as of the 19th day of July 2022, by and between the CITY OF GOLETA, a general law city and municipal corporation (“ City”), and ROBERT NISBET, an individual (“ Nisbet,” and collectively with the City, the “ Parties”), both of whom understand as follows:
RECITALS
A. City desires to engage the servi ces of Nisbet, and Nisbet desir es to accept employment, as City Manager of the City of Goleta, as provided by the Goleta Municipal Code;
B. It is the desire of the City Council to (1) secure and retain the services of Nisbet and to provide inducement for him to remain in such empl oyment, (2) to make possible full work productivity by assuring Nisbet’s morale and peace of mind with respect to future security, and (3) to provide a means of termi nating Nisbet’s services if City so desires to terminate his employ;
C. Nisbet desires to accept employment, on an at-will basis, as the City Manager of the City; and
D. The Parties further desire to es tablish certain benefits and ce rtain conditions of Nisbet’s employment.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Parties agree as follows:
1. Employment.
a. Duties. The City hereby agrees to employ Nisbet as City Manager of the City to perform the functions and duties specifi ed in City's Municipal Code and the Government Code of the State of California, and Ni sbet ag rees to accept such employment. Nisbet shall perform all duties and responsibilities imposed by law and industry standards, and such legally permissible further and pr oper duties and functions as the City Council may from time to time assign. Nisbet shall hold office at the pleasure of the City Council, and shall be the administrative head of th e government of the City 9 65266.00329\40303986.3
2 under the direction and control of the City Council except as o therwise provided in the Municipal Code.
b. Work Efforts and Schedule. Nisb et shall devote such time, interest, and effort to the performance of his duties as may be reasonably necessary to fulfill the requirements set for th in Section 1.a. Nisbet agree s to perform such services to the best of his ability, in an efficient and competent manner c onsistent with the standards of the profession. Due to the nature of the City Manager positi on, it is understood that flexibility is required for Nisb et’s work schedule, including w ithout limitation the need for remote work and to modify his schedule within reason to adj ust for attendance at meetings at night and during other times outside of ordinary bu siness hours, at Nisbet’s reasonable discretion. Without limiting the generality of the f oregoing, Nisbet understands and agrees that the position is an exempt, salaried , full-time position which may involve expenditures of time in excess of forty (40) hours per week, and will also include time outside normal offi ce hours, such as attendance at City Council and other meetings. Nisbet shall be exempt from paid overtime compensatio n and from Fair Labor Standard Act work hours restrictions. For purposes of this Section, “normal office hours” shall refer to work at City Hall when it is open for business, as determined by the City Council.
c. Outside Professional Activities. Due to the nature of the City Manager position, it is understood Nisbet shall not consul t or engage in other non- City connected business or employment (aside from community vol unteer activities) without the prior knowledge and express approval of the City Co uncil. Nisbet may, however, undertake limited outside activities, including (a) vo lunteer professional development activities, including activities on behalf of organ izations like the League of California Cities and City Manager associations; (b) volunteer activities; (c) teaching, subject to City Council approval; and/or (d) other related acti vities, provided that such activities do not in any way interfere, conflict with or advers ely affect his employment as City Manager or the performance of his duties as provide herein.
2. Term.
a. Commencement and Term. This Agreement shall be
effective as of July 19, 2022; how ever, Nisbet shall commence s ervice as City Manager 10 65266.00329\40303986.3
3 on September 1, 2022 (September 1 shall hereinafter be referred to as the “ Anniversary Date”) through August 31, 2025 (“ Term”), unless terminated as provided in Section 3 herein. Notwithstanding that Nisb et’s services as City Manager shall commence on September 1, 2022, Nisbet may utilize the necessary portion of his Management Leave, as described in Section 8(c), for September 1 and 2, 2022, and understands that Nisbet will report to City Hall on Se ptember 6, 2022, to commence his duties as City Manager; provided, however, in the event of an emergency occurring in or impacting the City on September 1 and/or 2, Nisbet shall cancel his use of Management Leave for those days and report to City Hall immediately.
b. Renewal. Commencing on each Anniversary Date in 2025 and each year thereafter, this A greement shall automatically re new for one additional year (each automatic one-year renewal shall be considered an ex tension of the Term), unless prior thereto, either (1) the Parties agree to enter into a formal, written amendment to mutually extend the Term of th is Agreement for greater than a one-year period, or (2) the City Council notifies Nisbet of its intent not to extend th e Agreement for one additional year; provided, however, that in the event the City Council desires not to allow the automatic renewal of the Term of the Agreement, the City shall inform City Manager, in writing, no less than 90 days prior to the end of the Term, as may have been from time to time extended.
3. Termination, Resignation, and Severance Pay.
a. At-Will. Nisbet’s employment with the City is on an at-will basis. Nothing in this Agreement shall prevent, limit or otherw ise interfere with the right of the City Council to terminate, by a majority vote of the Cit y Council, the services of Nisbet without cause, at any time and without notice other than a duly noticed City Council meeting agenda, and comp lying with Section 3(d) of this Agreement and the Goleta Municipal Code. Notwithstanding the foregoing, Nisbet ma y not be terminated under this provision for at-will termination by the City within ninety (90) days following the swearing of councilmembers after a City General Municipal Election where one or more Council seats are contested on the ballot of such election (the " Election Cool-off Period"). For the avoidance of doubt, the City Council’s decision to not renew, or notice of non-renewal of, the Agreement, as set forth in Section 2(b), above, or a termination 11 65266.00329\40303986.3
4 “for cause,” as set forth in Section 3(c), below, during the El ection Cool-off Period does not constitute a termination for purposes of this Section 3(a). b. Resignation. Nothing in this Agreement shall prevent, limit or otherwise interfere with the r ight of Nisbet to resign from their position, subject only to Nisbet providing sixty (60) days’ prior written notice to th e City. Nisbet’s resignation shall be deemed accepted upon de livery of a written resignation to the City Council.
Notwithstanding the foregoing, Nisbet hereby expresses his inte nt to remain as City Manager for a period of not less than three (3) years from the date of execution of this Agreement.
c. For Cause Termination. Notwith standing the provisions of Section 3(a), City may terminate this Agreement "for cause" as defined below. In the event Nisbet is terminated by the City for “cause,” then City m ay terminate this Agreement immediately and Nisbet shall not be entitled to sever ance and will only be entitled to the compensation accrued up to the date of such ter mination. Cause for termination shall be defined for purposes of this Agreement as: (1) Conviction of any felony; (2) conviction of a misde meanor arising directly out of the City Manager's duties pursuant to this Agreement involving a willful and intentional violation of law; (3) a crime of moral turpitude; (4) removal from office by the Grand Jury; (5) willful abandonment of duties; (6) malfeas ance; (7) gross negligence; ( 8) fraud; or (9) serious misconduct, substantiated through an independent investigation (e.g., sexual harassment, discrimination), which would constitute a violation of City policy, or state or federal law. (Conviction for purposes of this Agreement includes a judgment entered after a trial, plea of guilty, or plea of nolo contendere.
d. Severance. In the event Nisbe t is terminated by the City Council at any time that Nisbet is still willing and able to pe rform the duties of City Manager, and the termination is without “cause” (i.e., an “at w ill” termination), as defined in Section 3(a), above, then, subject to the limitation s set forth in Government Code Section 53260, the City shall pay Nisbet a lump sum cash payment settlement equal to six (6) months’ base pay (as defined in Section 5, below) (“ Severance”), exclusive of incentive or bonus pay, benefits and other non-cash remuneration, except health benefits which will be continued, at the same level of City contribution provided Department head 12 65266.00329\40303986.3
5 level employees (and at the same coverage election as at the ti me of termination), for the same period as the severance or until Nisbet begins other emplo yment, whichever occurs first. To receive Severance, Nis bet must execute and delivery t o the City a Settlement Agreement and General Release, in a form satisfactory to the City, within 30 days of the termination date. In the event N isbet elects not to sign the Se ttlement Agreement and General Release, Nisbet will not be entitled to Severance. The word “termination” in this paragraph shall include a reduction in salary (other than an ac ross-the-board reduction applicable to all senior level employees) or other financial benefits of Nisbet or Nisbet’s resignation, if preceded by a formal request by a majority of t he membership of the City Council that he resign. Nisbet w ill not be entitled to Severanc e if his employment is terminated by the Council at any time for cause, if Nisbet resi gns, retires, cannot perform the essential functions of the position even with reasonable ac commodations due to death, a medical condition or disability, or his Agreement is not renewed. e. Effect of Payment of Severance/Release.
1. It is understood and agreed by the Parties that
Nisbet is employed at will, and that upon the City’s full payment of Severance benefits to Nisbet, any right of Nisbet to continued employment with City is terminated. The promise and tender of payment to Nisbet, of any Severance payable herein, is in lieu of any damages which Nisbet might c laim arising out of the termina tion of the employment relationship between th e Parties, including lost wages, breach of contract, express or implied, breach of covenant of good faith and fair dealing, emotional distress and anxiety, or any similar contractual and personal injury claims.
2. This Section does not otherwise affect, waive, nor
release any other rights Nisbet may have under this Agreement, or applicable law. f. Abuse of Office. Pursuant to Government Code section 53243, et seq ., if Nisbet is convicted of a crime involving an abuse of his office or position, as defined below, all of the following shall apply up on final conviction: (1) if Nisbet is provided with administrative leave pay pending an inv estigation, he shall be required to fully reimburse such amounts paid; (2) if the City, in its discretion, pays for the criminal legal defense of Ni sbet, in his official capacity, Nisbet shall be required to fully reimburse such amounts paid; and (3) if this Agreement is terminated, any cash 13 65266.00329\40303986.3
6 settlement related to the termina tion that Nisbet may receive f rom the City shall be fully reimbursed to City. For purposes of this Section, “abuse of off ice or position” means either: (1) an abuse of public authority, including waste, frau d, and violation of the law under color of authority as those crimes are specifically defin ed under specific provision of California statute; or (2) a crime against public justice, i ncluding a crime described in Title 7 commencing with section 92 of the Penal Code or as spec ifically defined under separate provision of California statute.
g. Survival. This Section will survive termination of the Agreement.
4. Revolving Door . Nisbet must comply with Government Code Section 87406.3 for a period of one year after separating from service with City. This section will survive termination of this Agreement.
5. Compensation.
a. B a s e S a l a r y . C i t y a g r e e s t o p a y N i s b e t f o r t h e s e r v i c e s required by this Agreement a ba se annual salary of Two Hundred and Ninety-One Thousand Dollars ($291,000), payabl e in equal installments at t he same time as other employees of the City are paid.
b. Indexed Salary Increases. Subject to completion of a satisfactory performance evaluation, as set forth in Section 14 of this Agreement, the City agrees to increase Nisbet’s base salary with an annual cost of living adjustment (“COLA”) by a percent equivalent to the percent change in the June Ca lifornia Consumer Price Index for Urban Wage Earners and Clerical Workers, as cal culated by the Department of Industrial Relations (“ DIR CPI Increase ”), during the preceding 12- month period, up to a maximum of four percent (4%) per year, ef fective the first pay period following the Anniversary Date, without the need for a s eparate amendment to this Agreement (“Automatic COLA Increase ”). In the event the DIR CPI Increase exceeds four percent (4%), the City Council may, but is not obligated, to award a greater COLA increase than the Automatic COLA Increase permitted by this Sec tion; provided, however, that such increase shall require written amendment of this Agreement, approved by the City Council at a regular meeting
14 65266.00329\40303986.3
7 c. Other Salary Adjustments. On his Anniversary Date, the City may consider potential increases to Nisbet’s salary and/or any other benefits Nisbet receives, and to make modifications in such amounts and to such extent (whether in the nature of a merit increase, bonus, or other compensation enhanc ement or otherwise) based on performance, comparative salaries, and the finances of the City, as the City Council in its discretion may determine that it is desirable to do so. The City Council may, in its discretion, also determine to give Nisbet exception al performance recognition in the form of a one-time check for exceptional performance dur ing the prior fiscal year.
Any modifications to Nisbet’s compensation or benefits as conte mplated in this Section 5(c) require written amendment of this Agreement, approved by t he City Council at a regular meeting.
6. Automobile. The City agrees that upon proof of insurance coverage in an amount acceptable to the City, the City shall pr ovide Nisbet a monthly vehicle allowance of Seven Hundred Dollars ($700) per month, wh ich shall be paid in equal installments in each pay period. The vehicle allowance is intended to reimburse Nisbet for mileage costs and the use of his private vehicle for City business. Nisbet must provide his own automobile for his use in performing his duties and is responsible for all maintenance, repair, fuel and insurance expenses for said vehicle. Nisbet agrees to adhere to all laws, regulations, and Ci ty policies appl icable to vehic les, driving, or traffic when operating his vehicle on City-related business.
7. Technology/Telephone Allowance; Laptop . The City agrees to provide Nisbet a monthly technology/telephone allowance of One Hundred and Fifty Dollars ($150) per month, which shall be paid in equal installm ents in each pay period.
The technology/telephone allowan ce is intended to reimburse Nis bet for personal discretionary technological purchases and expenses in furtheran ce of employment (e.g., cellular phone, tablet, data plan) while conducting City busine s s . N i s b e t s h a l l u s e h i s personal cellular phone for transaction of City business, and t he technology/telephone allowance, in part, shall serve as reimbursement for use of his private phone for business purposes. The City further agrees to furnish Nisbet with a lapt op computer for purposes of conducting official City business. Nisbet agrees the use of such laptop computer shall be for conducting City business only and shall not be used for personal purposes. 15 65266.00329\40303986.3
8 8. Leaves, Vacation, and Holidays.
a. Sick Leave. Sick leave shall acc rue at the rate of eight (8) hours per month. Sick leave may be used for personal illness, illness of a dependent, and doctor and dentist appointments or as otherwise provided under California law. Nisbet is entitled to unlimited accumulati on of sick leave and may elect to convert sick leave to vacation at separation,, as authorized by the City’s Personnel Rules. b. Vacation Leave. Nisbet shall earn 120 hours of vacation per year. Vacation leave accrues on a biweekly basis. Nisbet ma y use vacation as it accrues. Vacation accrued by Nisbet and not taken will be paid to Nisbet when separating from City service, calculated at Nisbet’s current base hourly r ate. Vacation is transferable from one year to the next. Nisbet may accrue a maximum of 320 h ours of vacation.
Every calendar year, Nisbet may opt to exchange up to 100 hours of unused vacation time for monetary compensation, provided that he has taken at least two weeks of leave in the prior calendar year.
c. Management Leave. Management leave of eighty hours per year is provided for Nisbet to be taken at his discretion, whic h shall be deemed earned on July 1 of each year. Management Leave not used by June 30 of ea ch year shall not be converted, carried over or cashed out, and shall be eliminated. Management leave will be prorated for partial years’ service. Furthermore, Nisbet will n ot be compensated for any unused Management Leave at the time of separation of employment. d. Holidays. Nisbet shall be entitled to the same number of paid holidays per year as provided to other City employees. e. Other Leaves. Nisbet shall be entitled to other leaves as are provided to Department Directors of the City.
9. Retirement, Insurance, and Other Benefits.
a. PERS Retirement. The City agrees to execute all necessary agreements to enroll Nisbet in the California Public Employees Retirement System ("CalPERS") commensurate with the standard City employee retire ment benefits program, as that program may be changed from time to time. During the term of this Agreement, City shall contribute to employer's portion and Nisb et shall contribute to the 16 65266.00329\40303986.3
9 employee’s portion of Nisbet’s membership in CalPERS. The City does not participate in Social Security for employees enrolled in CalPERS.
b. Deferred Compensation. The City shall fund a 457(b)
deferred compensation plan on Ni sbet’s behalf, payable in equal installments concurrent with employee pay periods, in the amount of Eight Thousand doll ars ($8,000) per year.
The City shall pay reasonable fees to create such a plan for Nisbet. c. Medical and Other Insurance.
1. The City shall provide hea lth (medical, dental and
vision) benefits to Nisbet as commensurate with the standard de partment head employee health benefits. In lieu of selec ting to use the City-provided health benefit coverage, N is b e t may e l ec t a c a s h f l e x b e nefit at the amount set for othe r department head level employees within the City, as set forth in the City’s Personnel Rules and which may be from time-to-time amended, which shall be provided in equal installments concurrent with employee pay periods.
2. City shall provide Nisbet with a term life insurance policy in the face amount equal to one year’s base salary, as s et forth in Section 5(a).
City shall further pay the premium for long-term disability ins urance, as provided to other department head level employees within the City.
d. Other Insurance. City shall provide and pay for all other insurance mandated by State law.
e. Other Benefits. Nisbet shall receive the same fringe benefits provided to other department head level employees, as set forth in the Personnel Rules, and as may be from time to time amended, unless specific ally amended by this Agreement.
10. Moving and Relocation Expenses . Nisbet shall be entitled to reimbursement of reasonable rel ocation and moving expenses upon submission of receipts to the City, up to a gross amount of Ten Thousand Doll ars ($10,000), for the purpose of, amongst other things, actual moving expenses, renta l and travel reimbursements, including lodging, airfare, car rentals, and me als to and from Goleta in connection with house hunting and relocation.
17 65266.00329\40303986.3
1 0
11. Professional Development. The City hereby agrees to budget for and pay travel and subsistence expenses of Nisbet for professio nal travel, official travel, meetings necessary to pursue off icial and other functions for t he City and to continue professional development of Nisbet, to the extent deemed reasonable by the City Council.
The City also agrees to pay for the travel and subsistence expe nses of Nisbet for short courses, institutes a nd seminars that are necessary for his pro fessional development and for the good of the City.
12. Memberships. The City agrees to pay Nisbet’s membership dues and subscriptions in the International City/County Management A ssociation (“ICMA”), League of California Cities, California City Managers Foundation and other similar organizations to which the City i s a member, at City expense wi th prior City approval.
Nisbet shall have a reasonable right to attend meetings of such organizations.
13. General Expenses. The City recognizes that certain extraordinary expenses of a non-personal and job-affiliated nature may be incurred by Nisbet, such as a a business-related lunch or certain expenses incurred at a conf erence of a professional organization of which Nisbet is a member. The City agrees to re imburse Nisbet for reasonable expenses which are submitted to the City Council wit hin thirty (30) days of occurrence for approval and which are supported by expense rece ipts, statements or personal affidavits, and an audit thereof in like manner as other demands against the City.
For the avoidance of doubt, this paragraph is intended to apply to business expenses that Nisbet himself directly incurs in performance of his job duties.
14. Performance Evaluation . The City Council shall conduct a “mini” review and evaluate the performance of Nisbet at the fir st regular meeting that is 90 days from the commencement of his job as City Manager. At le ast annually thereafter, the City Council shall conduct a review and evaluate the perfor mance of Nisbet in his role as City Manager. The City Council shall provide Nisbet wit h an evaluation of his performance based on criteria e stablished by the City Council w ith Nisbet’s assistance.
Nisbet shall be provided an ade quate opportunity to discuss his evaluation with the Council. The evaluations are expected to take place in the two months prior to the Anniversary date, or at any othe r time requested by Nisbet. Not withstanding the foregoing, the City Council may evaluate Nisbet at any time. 18 65266.00329\40303986.3
1 1
15. Indemnification. In accordance with and consistent with applicable law, the City shall provide Nisbe t with a defense and indemnifi cation, and shall hold Nisbet harmless from and against any and all claims, actions, o r causes of action of any kind for which Nisbet may be held liable and which arise out of or relate to Nisbet’s performance of his job duties at City, in accordance with the r equirements of the California Government Code. In addition and in accordance with and consistent with applicable law, the City shall defend, at the City’s expense and with counsel of the City’s choosing any action, claim, or proceeding in which Nisbet is na med and which alleges actions on the part of Nisbet, or failures to act, within the s cope of the above-referenced indemnity obligation. Notwithstanding the foregoing, any funds provided for the legal criminal defense of Nisbet, if such were authorized, shall be f ully reimbursed to the City if Nisbet is convicted of a crime involving an abuse of his off ice or position, in accordance with Government C ode section 53243.1. This Section w ill survive the termination of the Agreement.
16. Bonding. The City shall bear the full cost of any fidelity or other bonds required of Nisbet, acting as City Manager of the City, under any law or ordinance.
17. Other Terms and Conditions of Employment . All provisions of the City Municipal Code and regulations and rules of City relat ing to vacation and sick leave, retirement and pension system contributions, life insura nce, holidays and other fringe benefits and working conditions as they now exist, or th ereafter may be amended, which apply to department head level City employees, except as otherwise set forth herein, shall also apply to Nisbet.
18. Notices. Notices given under this Agreement shall be in writing and shall be served personally or sent by Federal Express or so me equivalent private overnight delivery service. Notic es shall be deemed received at the earlier of actual receipt or two (2) days following transmission to an overnight carrier. 19 65266.00329\40303986.3
1 2
City Attn: City Council
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
With a copy to:
Megan K. Garibaldi
City Attorney
c/o Best, Best & Krieger LLP
18101 Von Karman Ave., Unit 1000
Irvine, CA 92612
Nisbet Robert Nisbet
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
Or to the address on file with the City’s Human
Resource Department
19. General Provisions.
a. The text herein shall constit ute the entire agreement between the Parties. No representations have been made or relied upon except as set forth herein. The Agreement is deemed to have been prepared by all of the Parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such ambiguity or uncertainty exists, shall be interpreted a ccording to the applicable rules of interpretation of cont racts under the law of the State o f Ca lif o r nia . The use of section headings in this Agreeme nt is provided for convenience only and will no t have any impact on the interpretation of particular provisions. b. If Nisbet dies or becomes incapacitated during the Term of this Agreement, any accrued and unpaid wages provided by the terms of this Agreement shall be paid by City to Nisbet’s spouse or if no spouse, to Ni sbet’s dependents. The Agreement shall be binding upon, or shall inure to the benefit of, the respective heirs, executors, administrators, successors and assigns of the Partie s; provided, however, that Nisbet may not assign Nisbet’s obligations hereunder.
c. If any provision or portion hereof contained in this Agreement is held to be unconsti tutional, invalid, or unenforceable, the remainder of this 20 65266.00329\40303986.3 1 3
Agreement or portion thereof shal l be deemed severable and shal l not be affected and shall remain in full force and effect.
d. This Agreement may be changed or amended only by the mutual written consent of the City and Nisbet.
e. Nisbet is expected to conform to the ICMA Code of Ethics and must comply with all applicable provisions of the City’s conflict of interest code. f. This Agreement shall be construed in accordance with the laws of the State of California and the parties agree that venu e shall be in the state court in the County of Santa Barbara, California.
g. Nisbet acknowledges that he has had the opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any re presentations or promises other than those contained in the Agreement.
{Remainder of page intentionally left blank; signatures to follow} 21 22
ATTACHMENT 2
Current City Manager Michelle Greene’s Separation Agreement
23 65266.00001\34894870.11
1 CITY MANAGER SEPARATION AGREEMENT
(For Retirement Purposes)
This Separation Agreement for Retirement Purposes (" Agreement") is entered into by and between Michelle Greene (“Ms. Greene”), on the one hand and, on the other hand, the City of Goleta, a municipal corporation (the “City”), as of May 17, 2022. Ms. Greene and the City are each respectively referred to herein as a “Party,” and collectively as the “Parties.”
RECITALS
A. Ms. Greene is employed as the City Manager of the City pursuant to that certain Agreement for Employment of City Manager, dated October 21, 201 4, by and between Ms. Greene and the City, and subsequently amended and restated by the Parties pursuant to that certain First Amended Agreement for Employment, dated January 19, 2016, with an effective date of October 21, 2014, and further amended by the Parties pursuant to the Second Amendment to the City Manager Employment Agreement, dated February 18, 2020 (collectively, the “Employment Agreement”).
B. In or about January 2022, Ms. Greene initially notified the City Council of her desire to retire and therefore separate from City service. On February 16, 2022, Ms. Greene submitted her official notice of retirement to the City Council. A true and correct copy of that notice is attached hereto as Exhibit “A.”
C. As Ms. Greene transitions to retirement, the City and Ms. Greene now wish to conclude Ms. Greene’s employment and the Employment Agreement, pursuant to the terms set forth herein. The P arties desire to herein enter into this Agreement to reflect th e terms of Ms. Greene’s separation from the City.
NOW, THEREFORE, in consideration of the foregoing and of the promises and cove nants herein contained, the City and Ms. Greene hereby agree as follows:
1 Effective Date. This Agreement shall become effective and irrevocable upon the date set forth in Section 4.4.7 ("Effective Date").
2 Conclusion of Employment.
2.1 Except as specified in Section 2.1.2, below, Ms. Greene and the City hereby agree that Ms. Greene will cease serving as City Manager effect ive September 1 , 2022 (“City Manager Conclusion Date”).
2.1.1 In the time period prior to the City Manager Conclusion Date, t he Parties agree that Ms. Greene shall be permitted to work exclusively remotely, as Ms. Greene deems is necessary; provided, however, that Ms. Greene shall work in- person at City Hall (1) for a multi- week period during April, which shall include in-person attenda nce at City Council meetings and events; and (2) for a multi-week period again during the month of June, 2022, which shall include in- person attendance at City Council meetings and events. Ms. Greene may also work, at her discretion, in-person at City Hall at any other time prior to the City Mana ger Conclusion Date. All travel expenses incurred by Ms. Greene in her travel to and from City Hall, as set forth herein, shall be
24 65266.00001\34894870.11
2 exclusively at her own expense.
2.1.2 Notwithstanding any other provision of this Agreement to the contrary, at any point prior to the City Manager Conclusion Date, Ms. Gre ene and the City have the option to mutually extend the City Manager Conclusion Date beyond the date set forth in Section 2.1, if so desired by the Parties, subject to written amendment to this Agreement (the “Extension Option”). In the event the Extension Option is exercised by the Parties, the Transition Period and the Separation Date (as those terms are hereinafter defined) shall correspondingly be extended consistent with the time period set forth in the amendment to effectuate the Extension Option.
2.2 In lieu of a cash payout of Ms. Greene’s accrued leave as permi tted by the terms of the Employment Agreement, for the period commencing im mediately following the City Manager Conclusion Date until the date upon which Ms. Greene’s accrued management and/or vacation leave (“ Accrued Leave”) is entirely exhausted (“ Transition Period ”), which s uch Transition Period shall be served sequentially and without interruption, the Parties hereby agree Ms.
Greene shall continue to serve as an employee of the City while in such Transition Period until the date upon which her Accrued Leave is entirely exhausted (“Separation Date”). In accordance with Sections 2.3 and 3.2, below, no additional leave that would otherwise be due under the Employment Agreement shall accrue nor any hours become Accrued Leave after the City Manager Conclusion Date, except that Accrued Leave shall include any sick leave th at Ms. Greene chooses to convert to vacation leave, as permitted under the City’s Personnel Rules , at any point after the City Manager Conclusion Date. Thereafter, Ms. Greene and the City agree to i rrevocably conclude their employment relationship effective upon the Separation Date.
2.2.1 During the Transition Period, Ms. Greene shall remain reasonabl y available to the City to answer questions and advise on pending matters on which she has previously worked (“Transition Availability”). A reasonable expectation of the Transition Availability shall be
7.5 hours per week.
2.2.2 To the extent the City’s demand for Transition Availability exc eeds a reasonable expectation of Ms. Greene’s availability during the Transition Period, then in the discretion of the then-City Manager (including any Interim City Manager) and to the extent Ms.
Greene desires to engage in additional work, Ms. Greene may per form additional consultation work for the City in excess of the consultation reasonably expected as part of the Transition Availability (“Excess Work”). Whenever Ms. Greene engages in Excess Work during the Transition Period, Ms.
Greene shall: (i) pause the use of Accrued Leave; (ii) account for her time worked as Excess Work on a bi-weekly basis; and (iii) submit a time sheet to the Director of Finance on a bi-weekly basis to account for the amount of Accrued Leave used and Excess Work pe rformed for that bi-weekly time period; provided, however, that in all events Excess Work must be less than 22.5 hours in any given week. Any hours worked as Excess Work shall be paid at Ms. Greene’s hourly rate as set forth in her Employment Agreement ($128.79/hour) and shall be paid on a bi-w eekly basis on the date of the City’s regular payroll dates for the immediately preceding time period for which a time card was submitted. At no time shall Ms. Greene be compensated for both Excess Work and Accrued Leave for the same hours. For example, assuming a 40-hour work week, if Ms. Greene works 10 hours of Excess Work, she shall be compensated at her hourly rate for 10 hours of time for Excess Work and 30 hours of time for Accrued Leave; for the avoidance of doubt, Ms. Greene shall not be paid 10
25 65266.00001\34894870.11
3 hours of Excess Work and 40 hours of time for Accrued Leave. Fu rther, in accordance with Section
2.2, no additional leave shall accrue nor any hours become Accrued Leave during the Transition Period, irrespective of whether such Excess Work is performed.
2.2.3 Notwithstanding any other provisions of this Agreement, if the total amount of hours worked as Excess Work exceeds 270 hours total, either Party may determine and cause to automatically terminate the Transition Period, by providing two weeks’ Notice in accordance with the requirements of Section 8 of this Agreement. In such event, the Separation Date shall be two weeks from the date the Notice is deemed given, or such other l ater date as specified in the Notice, and shall require a payout of all remaining Accrued Leave on such Separation Date.
2.3 It is agreed that the City and Ms. Greene have each taken all necessary steps to concluding Ms. Greene’s employment as City Manager. Except as to benefits already conferred under the Employment Agreement, including benefits that have already accrued and/or vested, the Parties agree that any and all contractual obligations set forth in the Employment Agreement relating to salary, compensation, and benefits shall continue to accrue until the City Manager Conclusion Date, as set forth in Section 3.1, below, except that the severance provision of the Employment Agreement is not being exercised, and is hereby superseded, by this Agreement; that such contractual obligations set forth in the Employment Agreement relating to salary shall continue to accrue until the Separation Date, as set forth in Section 3.2, below; and that the Employment Agreement is otherwise extinguished and superseded by the terms of this Agreement. . This Agreement shall survive the Separation Date.
2.4 On or before the Separation Date, Ms. Greene shall return to the City all City- issued property in her possession or control, including but not limited to computer equipment, credit cards, entry cards, keys, identification badges, and computer data. Return of all such City property is an express condition precedent to Ms. Greene’s eligibility to r eceive the payment in Section 3.3, below.
3 Compensation, Benefits, and Other Consideration.
3.1 At all times prior to the City Manager Conclusion Date, Ms. Gre ene shall continue to perform her work functions as required of the City Manager, and shall receive and accrue all compensation and benefits, as set forth in her Employment Agreement.
3.2 During the Transition Period, Ms. Greene shall continue to remain on the City payroll and shall receive her salary in accordance with the terms of her Employment Agreement while she takes her outstanding Accrued Leave until the Separation Date, but all other benefits which are due to Ms. Greene under her Employment Agreement ( e.g., City 457 contribution, auto allowance, phone allowance, and medical allowance) shall not be paid. Notw ithstanding the foregoing, Ms.
Greene shall be entitled to remain enrolled in the City’s medical, dental, and/or vision insurance programs during the Transition Period, for which she shall be r esponsible for payment through bi- weekly payroll deductions.
3.3 On the Separation Date, the City shall pay to Ms. Greene all un paid wages earned up to the Separation Date, as well as the value of any leave balances required to be paid out at
26 65266.00001\34894870.11
4 separation pursuant to the Employment Agreement; provided, howe ver, that no Accrued Leave (to the extent such type of leave can be cashed out) shall be paid out due to its exhaustion during the Transition Period, except to the extent (a) sick leave is converted to vacation leave in accordance with the City’s Personnel Rules and not otherwise used in the Transition Period, and/or (b) the Transition Period is terminated in accordance with Section 2.2.3 and any Accrued Leave remains on the Separation Date. All payments to be provided under this Agreeme nt following the Separation Date shall be made payable to “Michelle Greene” and delivered by overnight mail to her, at the address set forth in Section 8 of the Agreement, with tracking information provided to her vi a email when the transmission is initiated. (Such address shall be redacted as confidential for purposes of disclosure of this Agreement as a public record.)
3.4 To the extent permitted by law and Ms. Greene is actively enrolled in the City’s medical, dental, and/or vision insurance programs prior to her Separation Date, City shall extend to Ms. Greene the right to access medical, dental, and vision insu rance for up to eighteen (18) months, for each program for which she is respectively enrolled, commen cing on the Separation Date for medical, dental, and vision insurance premiums, as may be required by and pursuant to the terms and conditions of the Consolidated Omnibus Budget Reconciliation Ac t of 1986 (COBRA), at her own expense.
3.5 Ms. Greene waives any additional benefits that may be afforded city managers under the California Joint Powers Insurance Authority Memorandum of Liability Coverage related to her employment with the City of Goleta.
3.6 Other than as set forth in this Agreement, Ms. Greene shall be entitled to no further compensation or benefits of any kind or nature whatsoev er from the City on or after the Separation Date related to her employment as City Manager. 4 Release of All Claims.
4.1 In consideration of the mutual promises and undertakings herein described, Ms. Greene, on behalf of herself and her heirs, successors, and assigns, hereby warrants and represents that she has not filed any complaint, grievance, claim or action of any kind with any state, federal or local agency, board, arbitrator or court, including all claims for attorneys’ fees, costs and expenses (“Claims”) against the City or any individual who is or has been a City o fficer, Councilmember, representative, agent, or employee (collectively, the “Released Parties”), and further hereby agrees to release, waive, acquit, and forever discharge to the maximum extent permitted by law any Claims against the Released Parties, including but not limited to Clai ms based on common law, the state or federal Constitution, state or federal statutes, all contract a nd tort claims (such as wrongful termination, constructive discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, defamation, libel, invasion of privacy, and int entional or negligent infliction of emotional distress), and any state or federal policy, that Ms. Greene ever had or may have or assert, whether now known or unknown, occurring on or before the date o f Ms. Greene’s execution of this Agreement. Collectively, all claims released under this Agreement a re referred to as the “ Released Claims”; provided, however, that the Released Claims shall further not include (a) those arising from or relating to Ms. Greene’s retirement and health benefits accrued and/or vested through her employment with the City, or (b) the City’s performance of any obligations under this Agreement.
27 65266.00001\34894870.11
5 The release contained in this Agreement is a complete and gener al release that will forever bar Ms.
Greene from pursuing the Released Claims against any Released Party.
4.2 Ms. Greene knowingly, voluntarily and expressly waives any and all rights and benefits conferred upon her by the provisions of Section 1542 of the California Civil Code (“Section 1542”), or by the statutes or common law of any jurisdiction which have substantially the same effect as the provisions of Section 1542, which reads:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR
OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY
HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Ms. Greene acknowledges that she has consulted with, or had the opportunity to consult with, an attorney concerning the waiver of any and all rights and benefits conferred by Section 1542, and that Ms. Greene intends to give Ms. Greene’s waiver of such rights and benefits the broadest possible scope and interpretation permitted under the law.
_____ Ms. Greene’s Initials
4.3 For the avoidance of doubt, this Agreement does not prevent Ms. Greene from responding as required by law to any court order, subpoena, or government investigation or providing other disclosures as required by law in any action against the Released Parties; testifying under oath before a state or federal grand jury or in a court of law; or otherwise participating in any federal, state
or local law enforcement or City investigation. Further, the Released Claims shall not include, nor be construed as a waiver of, Ms. Greene’s rights to a defense or indemnity by the City for the performance of her duties as a City employee, including without limitation as such rights are provided under Government Code sections 825 and 995.
4.4 The Released Claims includes any Claims that Ms. Greene may mak e under the Age Discrimination in Employment Act of 1967 (“ADEA”). The ADEA makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual i s age forty or older. The Older Workers Benefit Protection Act (“OWBPA”), 29 USC. §§ 626, et. seq. further augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, Ms. Greene acknowledges that she is knowingly and voluntarily, for just compensation in addition to anything of value to which Ms. Greene was already entitled, waiving and releasing any rights she may have under t he ADEA and/or OWBPA. Ms.
Greene further acknowledges that she has been advised and under stands, pursuant to the provisions of the ADEA and OWBPA, that:
4.4.1 This waiver/release is written in a manner understood by Ms. Greene.
28 65266.00001\34894870.11
6 4.4.2 Ms. Greene is aware of and has been advised of her rights unde r the ADEA and OWBPA, and of the legal significance of her waiver of any possible claims she currently may have under the ADEA, OWBPA, or similar age discrimination laws.
4.4.3 Ms. Greene is entitled to a reasonable time of at least twenty- one (21) days within which to review and consider this Agreement, and th e waiver and release of any rights she may have under the ADEA, the OWBPA, or similar age discrimination laws, but she may, in the exercise of her own discretion, sign or reject this Agreement at any time before the expiration of the twenty-one (21) days.
4.4.4 The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the date this Agreement takes effect.
4.4.5 Ms. Greene is hereby advised that she should consult with an at torney prior to executing this Agreement and acknowledges that she has had the opportunity to consult with an attorney prior to executing this Agreement.
4.4.6 Ms. Greene has seven (7) days following her execution of this Agreement to revoke the Agreement by submitting a written revocation addressed to and received by Megan Garibaldi, counsel for the City of Goleta, at [email protected].
4.4.7 This Agreement shall not be effective until the Effective Date, which is the day after the expiration of the seven (7) day revocation period set forth in the preceding paragraph or the day all parties have signed the Agreement, whichever day is later. 5 Third Party Inquiries/Employment Verification. The Parties agree to direct employment verifications, third-party inquiries or other reference checks regarding Ms. Greene’s City employment to the City’s Assistant City Manager. Other than dates of employment, title, and salary, employment information about Ms. Greene (including, but not lim ited to this Agreement) will be released by City only (a) with Ms. Greene’s written consent, (b ) to refute or defend a claim or allegation by or on behalf of Ms. Greene, or (c) as otherwise r equired by law. The City reserves the right to respond to official inquiries by employment-related or tax-related government agencies (e.g. the California Economic Development Department or Internal Reve nue Service) regarding Ms.
Greene’s employment. However, other than providing accurate responses to request for in formation from EDD, City agrees it will not contest an application for unemployment insurance benefits by Ms.
Greene.
6 Non-Disparagement; Joint Press Release(s).
6.1 The Parties, including as to the City, its current elected officials, agree that they each will not make any written or verbal statements, to any party, that are disparaging about the other, that this Section 6.1 of the Agreement is a material provision of this Agreement, and that any breach of these provisions shall be a material breach, and that each P arty would be irreparably harmed by violation of these provisions. Nothing herein is intended to nor shall prevent either party from complying with any valid civil or criminal subpoena, testifying under oath before a state or federal
29 65266.00001\34894870.11
7 grand jury or in a court of law, or participating in any federal, state or local law enforcement or City investigation. Further, nothing in this provision shall prevent either party from referring to or re- publishing the official findings by state or federal court or public agency.
6.2 To the extent any further press release(s) relating to Ms. Greene’s retirement or this Agreement are deemed necessary by a Party, the Parties agree to issue such press releases jointly, subject to approval by each Party.
7 No Right to Re-Employment. Ms. Greene agrees and recognizes that the employment relationship with the City is being severed under the terms of this Agreement. Ms. Greene further agrees and recognizes that (a) City has no obligation to reinstate, rehire, re-employ, recall or hire Ms.
Greene as an employee or consultant in the future, and (b) City is entitled to reject without cause any application for employment or consulting services made by Ms. Greene. 8 Notice. Any notices or other communications to be given to either Party pursuant to this Agreement shall be in writing and delivered, each with a copy delivered by email, (a) personally, with noticed deemed given on the date of personal service; (b) by traceable overnight delivery service (e.g. FedEx or equivalent), with notice deemed given on the date of overnight delivery; or (c) by U.S.
Mail, postage prepaid, with notice deemed given three (3) busin ess days after deposit with the U.S.
Mail service. Notice shall be addressed to the Party at the address set forth below.
CITY CITY OF GOLETA
130 Cremona Drive, Suite B
Goleta, California 93117
ATTENTION: City Clerk
Email: [email protected]
WITH A HARD COPY TO: City Attorney’s Office (same address) And email copy to:
[email protected]
MICHELLE
GREENE
MICHELLE GREENE
1049 Upper Cold River Road
Shrewsbury, VT
05738
9 Attorney’s Fees and Costs. The Parties acknowledge and agree that they each will be solely responsible for their own attorney’s fees and costs, if any, in reaching this Agreement. 10 Representations and Warranties. Ms. Greene acknowledges, agrees, represents, and warrants as follows: (a) that she has read this Agreement carefully, fully understands its terms, nature, and effect and is executing the Agreement freely, knowingly, and voluntarily and is willing, able, and competent to so sign; (b) that she suffered no unreported workp lace injuries during her employment with the City; and (c) that she is the sole and lawful owner of all right, title, and interest in and to every Claim, right and other matter which she releases herein, and that she has not otherwise heretofore assigned or transferred, or purported to assign or t ransfer, to any person or entity, any Claims or other matters herein released.
30 65266.00001\34894870.11
8 11 Miscellaneous.
11.1 The Parties acknowledge and represent that in executing this Agreement, they do not rely upon and have not relied upon any representation or statement made by each other or any of their employees, agents or attorneys with regard to the subject matter of this Agreement, or its basis or effect, except as specifically set forth in this Agreement.
11.2 Should any provision of this Agreement be declared or determined by any court of competent jurisdiction to be wholly or partially illegal, in valid or unenforceable, the legality, validity and enforceability of the remaining parts, terms or pr ovisions of this Agreement will not be affected thereby. Such an illegal, unenforceable or invalid part, term or provision will be deemed not to be a part of this Agreement.
11.3 The interpretation of the provisions of this Agreement will be governed by the laws of California, and any legal action filed to interpret or enforce it shall be venued in Santa Barbara County Superior Court. This Agreement will be construed as thou gh jointly prepared by the Parties.
Any uncertainty or ambiguity may not be interpreted for or agai nst any one Party. The headings contained in this Agreement are for reference purposes only and s h a l l n o t a f f e c t i n a n y w a y t h e meaning or interpretation of this Agreement.
11.4 This negotiated document sets forth the entire agreement betwee n the Parties regarding resolution of the matters described herein, and super sedes all prior agreements, representations, and understandings of the Parties, as set forth herein. No supplement, modification, or amendment of this Agreement will be binding unless executed in writing by all Parties.
11.5 The Parties hereby state and represent that they each have read the foregoing Agreement in its entirety, and that they accept and agree to th e provisions contained therein, and hereby execute it voluntarily, and with full understanding of the consequences.
11.6 This Agreement is intended to be and is enforceable pursuant California Code of Civil Procedure Section 664.6. The Parties further expressly waive application of Code of Civil Procedure section 425.16(c) in any action brought for the enforcement of the Agreement. The Parties stipulate and agree that a court may retain or obtain jurisdiction to enforce the terms of this Agreement and may, upon motion, enter judgment upon the terms of this wri tten Agreement. This Agreement shall be admissible in evidence pursuant to Evidence Code Section 1123.
11.7 This Agreement may be executed in counterparts, each of which s hall be deemed an original. Additionally, the Parties understand and ag ree that electronically transmitted signature shall be deemed an original signature for purposes of this Agreement.
{Remainder of page intentionally blank; signatures to follow}
31 65266.00001\34894870.11
9 IN WITNESS WHEREOF, the undersigned agree to all the terms and conditions of this Separation Agreement for Retirement Purposes as of the date first set forth above.
Dated: Michelle Greene
_______________________________
Michelle Greene
Dated: City of Goleta
________________________________
P a u l a P e r o t t e , M a y o r
ATTEST:
_______________________
Deborah Lopez, City Clerk
APPROVED AS TO FORM
B E S T B E S T & K R I E G E R , L L P
Date____________________ ________________________________ MEGAN K. GARIBALDI
City Attorney
32 ATTACHMENT 3
A Resolution of the City Council of the City of Goleta, Califor nia, Amending the City of Goleta Schedule of Authorized Po sitions and the City of Goleta Salary Schedule and Classification Plan for Fiscal Ye ar 2022/23, to adjust the City Manager salary and to include the new position of Manager Emeritus.
33 RESOLUTION NO. 22-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GOLETA, CALIFORNIA, AMENDING THE CITY OF GOLETA
SCHEDULE OF AUTHORIZED POSITIONS AND THE CITY OF
GOLETA SALARY SCHEDULE AND CLASSIFICATION PLAN FOR
FY 2022/23, TO ADJUST THE CITY MANAGER SALARY AND TO
INCLUDE THE NEW POSITION OF MANAGER EMERITUS
EFFECTIVE SEPTEMBER 1, 2022.
WHEREAS, the Section 2.1 of the City of Goleta Personnel Rules specifies that the Personnel Officer shall recommend and maintain a classification/compensation plan for all positions in the City service; and
WHEREAS, on June 15, 2021, the City Council adopted the Personnel Officer’s recommended authorized positions and appropriations for the Ci ty of Goleta Operating and CIP Budget for Fiscal Year 2021/22 and Fis cal Year 2022/23, which included a schedule of authorized positions, per sonnel classifications, and compensation ranges; and
WHEREAS, on June 21, 2022, the City Council adopted the Personnel Officer’s most recent recommended authorized positions and appropriation s for the City of Goleta Operating and CIP Budget for Fiscal Year 202 1/22 and Fiscal Year 2022/23; and
WHEREAS, the City Council wishes to further amend the City of Goleta Schedule of Authorized Positions and the City of Goleta Salary Schedule and Classification Plan for Fiscal Year 2021/22 and 2022/23 to refl ect certain organizational changes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF GOLETA AS FOLLOWS:
SECTION 1.
The City of Goleta Salary Schedule and Classification Plan included herein as Exhibit A for Fiscal Year 2022/23 is amended to adjust the City Manager salary and to include the new position of “Manager Emeritus” and is hereby approved and adopted to supersede any prior Salary Schedule and Classification Plan effective September 1, 2022.
SECTION 2.
The City of Goleta Schedule of Authorized Positions for Fiscal Year 2022/23 included herein as Exhibit B is amended to add the new position o f “Manager Emeritus” and is hereby approved and adopted to supersede any prior schedule of authorized positions effective September 1, 2022.
SECTION 3.
The City Clerk shall certify to the passage and adoption of thi s resolution and enter it into the book of original resolutions.
34 PASSED, APPROVED, AND ADOPTED this XX day of ____ 2022.
__________________________
PAULA PEROTTE, MAYOR
A T T E S T : APPROVED AS TO FORM:
_____________________________ ___________________________ DEBORAH S. LOPEZ MEGAN GARIBALDI
CITY CLERK CITY ATTORNEY
35 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, Califor nia, DO HEREBY CERTIFY that the foregoing Resolution No. 22-___ was duly adopted by the City Council of the City of Goleta at a regular meeting hel d on the 19 th day of
July 2022, by the following roll call vote of the City Council:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
( S E A L )
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
DEBORAH S. LOPEZ
CITY CLERK
36 CITY OF GOLETA, CALIFORNIA
SALARY SCHEDULE FY 2022-23
CLASSIFICATION GRADE CATEGORY
TITLE NO. B.U. / FLS A STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 City Hall Receptionist 100 G / NE HOURLY 20.53 21.55 22.63 23.76 24.95 26.20 BI-WEEKLY 1,642 1,724 1,810 1,901 1,996 2,096 MONTHLY 3,558 3,736 3,923 4,119 4,325 4,541 ANNUAL 42,696 44,831 47,073 49,426 51,898 54,492 Maintenance Worker I 101 G / NE HOURLY 21.76 22.85 23.99 25.19 26.45 27.77 Records Technician/Recording Clerk G / NE BI-WEEKLY 1,741 1,828 1,919 2,015 2,116 2,222 Library Assistant I G / NE MONTHLY 3,772 3,960 4,158 4,366 4,584 4,813 ANNUAL 45,258 47,521 49,897 52,392 55,011 57,762 Maintenance Worker II 102 G / NE HOURLY 23.28 24.45 25.67 26.95 28.30 29.71 Office Specialist G / NE BI-WEEKLY 1,863 1,956 2,053 2,156 2,264 2,377 Library Assistant II G / NE MONTHLY 4,036 4,237 4,449 4,672 4,905 5,150 ANNUAL 48,426 50,847 53,390 56,059 58,862 61,805 Senior Office Specialist 103 G / NE HOURLY 24.91 26.16 27.46 28.84 30.28 31.79 Library Technician G / NE BI-WEEKLY 1,993 2,093 2,197 2,307 2,422 2,544 MONTHLY 4,318 4,534 4,761 4,999 5,249 5,511 ANNUAL 51,816 54,407 57,127 59,983 62,983 66,132 Accounting Specialist 104 G / NE HOURLY 26.90 28.25 29.66 31.15 32.70 34.34 Permit Technician G / NE BI-WEEKLY 2,152 2,260 2,373 2,492 2,616 2,747 Senior Library Technician G / E MONTHLY 4,663 4,897 5,141 5,399 5,668 5,952 Facilities Maintenance Technician G / NE ANNUAL 55,961 58,759 61,697 64,782 68,021 71,422 Administrative Assistant 105 G(*) / NE HOURLY 29.06 30.51 32.04 33.64 35.32 37.08 Lead Maintenance Worker G / NE BI-WEEKLY 2,325 2,441 2,563 2,691 2,825 2,967 Public Affairs Assistant G / NE MONTHLY 5,037 5,288 5,553 5,830 6,122 6,428 Librarian I M / NE ANNUAL 60,438 63,460 66,633 69,965 73,463 77,136 Assistant Engineering Technician G / NE
Public Works Supervisor 106 M / NE HOURLY 31.38 32.95 34.60 36.33 38.14 40.05 Librarian II M / NE BI-WEEKLY 2,511 2,636 2,768 2,906 3,052 3,204 Associate Engineering Technician G / NE MONTHLY 5,439 5,711 5,997 6,297 6,612 6,942 ANNUAL 65,273 68,537 71,964 75,562 79,340 83,307 Assistant Planner 107 G / NE HOURLY 33.89 35.59 37.37 39.23 41.20 43.26 Legal Office Assistant C / NE BI-WEEKLY 2,711 2,847 2,989 3,139 3,296 3,460 Management Assistant G(*) / NE MONTHLY 5,875 6,168 6,477 6,801 7,141 7,498 Senior Engineering Technician G / NE ANNUAL 70,495 74,020 77,721 81,607 85,687 89,971 Public Records Specialist G(*) / NE
Accountant 108 G(*) / NE HOURLY 36.60 38.43 40.35 42.37 44.49 46.72 Budget Analyst C / NE BI-WEEKLY 2,928 3,075 3,228 3,390 3,559 3,737 Code Compliance Officer G / NE MONTHLY 6,345 6,662 6,995 7,345 7,712 8,097 Deputy City Clerk M / E ANNUAL 76,135 79,941 83,938 88,135 92,542 97,169 Executive Assistant C / E
Public Works Inspector G / NE
Assistant Engineer* 109 G / NE HOURLY 39.53 41.51 43.58 45.76 48.05 50.45 Emergency Services Coordinator G / E BI-WEEKLY 3,163 3,321 3,487 3,661 3,844 4,036 Human Resources Analyst C / E MONTHLY 6,852 7,195 7,554 7,932 8,329 8,745 Human Resources Analyst/DEI Officer C / E ANNUAL 82,225 86,337 90,653 95,186 99,945 104,943 Management Analyst M(*) / E
Environmental Services Specialist M / NE
Recreation Supervisor M / NE
Associate Planner 110 G / NE HOURLY 42.69 44.83 47.07 49.42 51.89 54.49 Senior Legal Analyst C / E BI-WEEKLY 3,416 3,586 3,766 3,954 4,152 4,359 MONTHLY 7,400 7,770 8,159 8,567 8,995 9,445 ANNUAL 88,803 93,244 97,906 102,801 107,941 113,338 Associate Engineer** 111 G / NE HOURLY 46.11 48.41 50.84 53.38 56.05 58.85 Supervising Librarian M / E BI-WEEKLY 3,689 3,873 4,067 4,270 4,484 4,708 Accounting Supervisor C / E MONTHLY 7,992 8,392 8,812 9,252 9,715 10,200 ANNUAL 95,908 100,703 105,738 111,025 116,576 122,405 Senior Management Analyst 112 M / E HOURLY 49.80 52.29 54.90 57.65 60.53 63.56 Project Manager C / E BI-WEEKLY 3,984 4,183 4,392 4,612 4,842 5,085 Homelessness Services Coordinator M / E MONTHLY 8,632 9,063 9,516 9,992 10,492 11,016 Senior Planner M / E ANNUAL 103,580 108,759 114,197 119,907 125,902 132,198 Sustainability Coordinator M / E
Senior Housing Analyst M / E
Salary Schedule - Page 1
Effective: September 1, 2022
37 CITY OF GOLETA, CALIFORNIA
SALARY SCHEDULE FY 2022-23
Category or Bargaining Unit Fair Labor Standards Act Classification C = Confidential NE = Non Exempt from overtime
G = General Unit E = Exempt from overtime
M = Miscellaneous Unit
M/M = Mid-Management
M/C = Conf. Management
E = Executive Management
*M ay be confidential, depening on assignment
CLASSIFICATION GRADE CATEGORY
TITLE NO. B.U./FLS A STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 Accounting Manager 113 M/C / E HOURLY 54.28 56.99 59.84 62.84 65.98 69.28 Community Relations Manager M/C / E BI-WEEKLY 4,342 4,560 4,787 5,027 5,278 5,542 Economic Development Coord. M / E MONTHLY 9,409 9,879 10,373 10,892 11,436 12,008 HR / Risk Manager M/C / E ANNUAL 112,902 118,548 124,475 130,699 137,234 144,095 Library Services Manager M/M / E
Assistant to the City Manager M/C / E
Senior Engineer M / E
Sustainability Manager M/M / E
Deputy City Attorney 114 C / E HOURLY 59.17 62.12 65.23 68.49 71.92 75.51 Supervising Senior Planner M / E BI-WEEKLY 4,733 4,970 5,218 5,479 5,753 6,041 Parks and Recreation Manager M/M / E MONTHLY 10,255 10,768 11,306 11,872 12,465 13,089 Environmental Services Manager ANNUAL 123,064 129,217 135,678 142,462 149,585 157,064 City Clerk 115 E - E HOURLY 64.49 67.71 71.10 74.66 78.39 82.31 Planning Manager M/M / E BI-WEEKLY 5,159 5,417 5,688 5,972 6,271 6,585 Principal Civil Engineer M/M / E MONTHLY 11,178 11,737 12,324 12,940 13,587 14,267 Public Works Manager M/M / E ANNUAL 134,139 140,846 147,889 155,283 163,047 171,200 Senior Project Engineer - grandfathered class M - E
Principal Project Manager M/M / E
Parks and Open Space Manager M/M / E
CIP Manager M/M / E
Assistant Public Works Director 116 M/M / E HOURLY 70.29 73.81 77.50 81.37 85.44 89.72 Library Director (Asst. Neighborhood Services Director) M/M / E BI-WEEKLY 5,624 5,905 6,200 6,510 6,835 7,177 MONTHLY 12,184 12,794 13,433 14,105 14,810 15,551 ANNUAL 146,212 153,523 161,199 169,259 177,722 186,608 Assistant City Attorney 117 E / E HOURLY 76.62 80.45 84.47 88.70 93.13 97.79 Finance Director E / E BI-WEEKLY 6,130 6,436 6,758 7,096 7,451 7,823 Neighborhood Services Director E / E MONTHLY 13,281 13,945 14,642 15,374 16,143 16,950 General Services Director E / E ANNUAL 159,371 167,340 175,707 184,492 193,716 203,402 Public Works Director*** 118 E / E HOURLY 83.52 87.69 92.08 96.68 101.51 106.59 Planning & Environmental Review Director1
E / E BI-WEEKLY 6,681 7,015 7,366 7,734 8,121 8,527 MONTHLY 14,476 15,200 15,960 16,758 17,596 18,476 ANNUAL 173,714 182,400 191,520 201,096 211,151 221,709 Assistant City Manager 119 E / E HOURLY 87.69 92.08 96.68 101.51 106.59 111.92 BI-WEEKLY 7,015 7,366 7,734 8,121 8,527 8,954 MONTHLY 15,200 15,960 16,758 17,596 18,476 19,399 ANNUAL 182,400 191,520 201,096 211,151 221,709 232,794 City Manager ANNUAL 291,000 (eff. 9/1/22)
Manager Emeritus HOURLY 128.79 (eff. 9/1/22)
1Title Under Review
*If certified as an Engineer-in-Training (EIT) in the State of California, this position will receive a 5% pay differential at each step. **If registered as Civil Engineer in the State of California, this position will receive a 5% pay differential at each step. ***If also serving as City Engineer, this position will receive a 5% pay differential at each step.
Category
C = Confidential NE = Non Exempt from overtime
G = General Unit E = Exempt from overtime
M = Miscellaneous Unit
M/M = Mid-Management
M/C = Conf. Management
E = Executive Management
*M ay be confidential, depending on assignment
Document History: Revised September 1, 2022, July 1, 2022, April 9, 2022, March 5, 2022, January 1, 2022, November 16, 2021, July 20, 2021, January 1, 2022, July 1, 2021, February 18, 2020, January 4, 2020, December 3, 2019, July 6, 2019, January 5, 2019 Fair Labor Standards Act Classification
Salary Schedule - Page 2
Effective: September 1, 2022
38 SCHEDULE OF AUTHORIZED POSITIONS
FISCAL YEAR 2021/22 AND 2022/23
Exhibit B
Department/Positions
FY 22/23
Adopted June
21, 2022
Program
Reallocation Reclass
Additions/
Deletions
FY 22/23
Proposed Sept
1, 2022
General Government:
City Manager
City Manager 1.00 1.00
Manager Emeritus - 1.00 1.00 Assistant City Manager 1.00 1.00
Deputy City Manager - -
Assistant to the City Manager 1.00 1.00 Human Resources Risk Manager - -
Management Analyst 1.00 1.00
Human Resources Analyst - -
Human Resources Analyst/DEI Officer - - Executive Assistant 1.00 1.00
Management Assistant - -
Office Specialist 0.90 0.90
City Hall Receptionist - -
Total City Manager 5.90 - - 1.00 6.90 City Clerk
City Clerk 1.00 1.00
Deputy City Clerk 2.00 2.00
Public Records Specialist 1.00 1.00 Records Technician/Recording Clerk - - Total City Clerk 4.00 - - - 4.00 City Attorney
City Attorney - -
Assistant City Attorney 1.00 1.00
Deputy City Attorney - -
Sr. Legal Analyst - -
Management Assistant 1.00 1.00
Total City Attorney 2.00 - - - 2.00 Community Relations
Community Relations Manager 1.00 1.00 Management Assistant 1.75 1.75
Administrative Assistant - -
Total Community Relations 2.75 - - - 2.75 Human Resources/Risk Management
Human Resources Risk Manager 1.00 1.00 Human Resources Analyst 1.00 1.00
Human Resources Analyst/DEI Officer 1.00 1.00 Management Assistant - -
Total Human Resources/Risk Management 3.00 - - - 3.00 Total General Government 17.65 - - 1.00 18.65 General Services:
General Services Administration
General Services Director 1.00 1.00
Senior Management Analyst 1.00 1.00 Management Assistant 1.00 1.00
Total General Services Administration 3.00 - - - 3.00 City Facilities and Fleet Management
Facilities Maintenance Technician 1.00 1.00 Total City Facilities Management 1.00 - - - 1.00 Information and Communications
Management Analyst 1.00 1.00
Total Information and Communications 1.00 - - - 1.00 Total General Services 5.00 - - - 5.00 Finance:
Finance Administration
Finance Directo
r 1.00 1.00
Accounting Manager 1.00 1.00
Accounting Supervisor 1.00 1.00
Accountant 2.00 2.00
Budget Analyst 1.00 1.00
Management Assistant 1.00 1.00
Accounting Specialist 4.00 4.00
Senior Office Specialist 1.00 1.00
Total Finance 12.00 - - - 12.00 39 SCHEDULE OF AUTHORIZED POSITIONS
FISCAL YEAR 2021/22 AND 2022/23
Exhibit B
Department/Positions
FY 22/23
Adopted June
21, 2022
Program
Reallocation Reclass
Additions/
Deletions
FY 22/23
Proposed Sept
1, 2022
Planning Environmental Review
Current Planning
Planning Director - -
Planning Manager 1.00 1.00
Supervising Senior Planner 2.00 2.00 Senior Planner 1.00 1.00
Associate Planner 3.00 3.00
Management Analyst - -
Code Compliance Officer 2.00 2.00
Assistant Planner - -
Management Assistant - -
Permit Technician 1.00 1.00
Office Specialist 0.50 0.50
Total Current Planning 10.50 - - - 10.50 Advance Planning
Planning Manager 1.00 1.00
Senior Planner 2.00 2.00
Total Advance Planning 3.00 - - - 3.00 Sustainability Program
Sustainability Manager 1.00 1.00
Sustainability Coordinator - -
Management Assistant 1.00 1.00
Total Sustainability Program 2.00 - - - 2.00 Housing Program
Senior Housing Analyst 1.00 1.00
Total Housing Program 1.00 - - - 1.00 Administration
Planning Director 1.00 1.00
Management Assistant 1.00 1.00
Total Administration 2.00 - - - 2.00 Total Planning Environmental Review 18.50 - - - 18.50 Public Works:
Administration
Public Works Director 1.00 1.00
Assistant Public Works Director 1.00 1.00 Senior Management Analyst 1.00 1.00 Mangement Analyst 1.00 1.00
Management Assistant 1.00 1.00
Administrative Assistant - -
Senior Office Specialist - -
Total Administration 5.00 - - - 5.00 Engineering
Principal Civil Engineer 1.00 1.00
Traffic Engineer - -
Assistant Engineer 1.00 1.00
Public Works Inspector 1.00 1.00
Senior Engineering Technician 1.00 1.00 Total Engineering 4.00 - - - 4.00 Parks & Open Spaces
Parks & Open Spaces Manager 1.00 1.00 Management Assistant - -
Public Works Supervisor 1.00 1.00
Environmental Services Specialist 1.00 1.00 Lead Maintenance Worke r - -
Administrative Assistant 1.00 1.00
Maintenance Worker II 1.00 1.00
Maintenance Worker I 3.00 3.00
Total Parks & Open Spaces 8.00 - - - 8.00 40 SCHEDULE OF AUTHORIZED POSITIONS
FISCAL YEAR 2021/22 AND 2022/23
Exhibit B
Department/Positions
FY 22/23
Adopted June
21, 2022
Program
Reallocation Reclass
Additions/
Deletions
FY 22/23
Proposed Sept
1, 2022
Capital Improvement
Assistant Public Works Director - - Principal Civil Engineer 2.00 2.00
CIP Manager - -
Senior Project Engineer 1.00 1.00
Senior Engineer 1.00 1.00
Senior Management Analyst - -
Management Analyst - -
Assistant Engineer 2.00 2.00
Senior Office Specialist 1.00 1.00
Total Capital Improvement 7.00 - - - 7.00 Street Lighting
Principal Civil Engineer 1.00 1.00
Assistant Engineer 1.00 1.00
Total Street Lighting 2.00 - - - 2.00 Street Maintenance
Public Works Manager 1.00 1.00
Public Works Supervisor 1.00 1.00
Senior Office Specialist - -
Lead Maintenance Worke r - -
Administrative Assistant 1.00 1.00
Maintenance Worker II (1 Underfilling) 3.00 3.00 Maintenance Worker I 1.00 1.00
Total Street Maintenance 7.00 - - - 7.00 Solid Waste & Environmental Services
Environmental Services Manager 1.00 1.00 Environmental Services Coordinator - - Environmental Services Specialist 1.00 1.00 Administrative Assistant 1.00 1.00
Assistant Engineer - -
Total Solid Waste & Environmental Services 3.00 - - - 3.00 Total Public Works 36.00 - - - 36.00 Neighborhood Services:
Neighborhood Services
Neighborhood Services Director 1.00 1.00 Senior Project Manager - -
Emergency Services Coordinator 1.00 1.00 Management Analyst 1.00 1.00
Management Assistant (1 Full-Time, 1 Part-Time) 1.50 1.50 Total Neighborhood Services 4.50 - - - 4.50 Homelessness
Homelessness Outreach Coordinator 1.00 1.00 Total Homelessness 1.00 - - - 1.00 Economic Development
Principal Project Manager - -
Senior Project Manager - -
Economic Development Coordinato r - - Total Economic Development - - - - - Parks & Recreation
Parks & Recreation Manager 1.00 1.00 Total Parks & Recreation 1.00 - - - 1.00 Community Center
Recreation Supervisor 1.00 1.00
Maintenance Worker I 1.00 1.00
Administrative Assistant 1.00 1.00
Total Community Center 3.00 - - - 3.00 41 SCHEDULE OF AUTHORIZED POSITIONS
FISCAL YEAR 2021/22 AND 2022/23
Exhibit B
Department/Positions
FY 22/23
Adopted June
21, 2022
Program
Reallocation Reclass
Additions/
Deletions
FY 22/23
Proposed Sept
1, 2022
Library - Goleta
Library Director - -
Library Director (Assistant Neighborhood Services Director) 1.00 1.00 Supervising Librarian 1.00 1.00
Management Assistant 1.00 1.00
Librarian II/Children's Librarian 1.00 1.00 Library Technician (1 Full-Time, 5 Part-Time) 2.88 2.88 Library Assistant I (3 Full-Time, 4 Part-Time, 2 Part-Time Limi ted 5.25 5.25 Total Library - Goleta 12.13 - - - 12.13 Library - Buellton
Senior Library Technician 1.00 1.00
Library Technician (2 Part-Time) 0.75 0.75 Library Assistant I (2 Part-Time) 0.75 0.75 Total Library - Buellton 2.50 - - - 2.50 Library - Solvang
Senior Library Technician 1.00 1.00
Library Technician (4 Part-Time) 1.50 1.50 Total Library - Solvang 2.50 - - - 2.50 Total Neighborhood Services 26.63 - - - 26.63 Grand Total: 115.775 - - 1.000 116.775 42 SCHEDULE OF AUTHORIZED POSITIONS
FISCAL YEAR 2021/22 AND 2022/23
Exhibit B
Department/Positions
FY 22/23
Adopted June
21, 2022
Program
Reallocation Reclass
Additions/
Deletions
FY 22/23
Proposed Sept
1, 2022
*Schedule of Proposed Authorized Positions has been summarized to reflect positions in the Departments/Programs by majority of time s On the next page is a detailed schedule of allocations of how positions are budgeted based on time spen t *Positions are allocated by budgeted time spent in programs and department:
General Government:
City Manager
City Manager 1.00 1.00
Manager Emeritus - 1.00 1.00 Assistant City Manager 1.00 1.00
Deputy City Manager - -
Assistant to the City Manager 1.00 1.00 Human Resources Risk Manager - -
Management Analyst 1.00 1.00
Human Resources Analyst - -
Human Resources Analyst/DEI Officer - - Executive Assistant 1.00 1.00
Management Assistant 0.25 0.25
Office Specialist 0.90 0.90
City Hall Receptionist - -
Total City Manager 6.15 - - 1.00 7.15 City Clerk
City Clerk 1.00 1.00
Deputy City Clerk 2.00 2.00
Public Records Specialist 1.00 1.00 Records Technician/Recording Clerk - - Total City Clerk 4.00 - - - 4.00 City Attorney
City Attorney - -
Assistant City Attorney 1.00 1.00
Deputy City Attorney - -
Sr. Legal Analyst - -
Management Assistant 0.50 0.50
Total City Attorney 1.50 - - - 1.50 Community Relations
Community Relations Manager 1.00 1.00 Management Assistant 1.75 1.75
Administrative Assistant - -
Total Community Relations 2.75 - - - 2.75 Human Resources/Risk Management
Human Resources Risk Manager 1.00 1.00 Human Resources Analyst 1.00 1.00
Human Resources Analyst/DEI Officer 1.00 1.00 Management Assistant 0.50 0.50
Total Human Resources/Risk Management 3.50 - - - 3.50 Total General Government 17.90 - - 1.00 18.90 General Services:
General Services Administration
General Services Director 1.00 1.00
Senior Management Analyst 1.00 1.00 Management Analyst 0.50 0.50
Management Assistant 0.75 0.75
Total General Services Administration 3.25 - - - 3.25 City Facilities and Fleet Management
Facilities Maintenance Technician 1.00 1.00 Total City Facilities Management 1.00 - - - 1.00 Information and Communications
Management Analyst 0.50 0.50
Total Information and Communications 0.50 - - - 0.50 Total General Services 4.75 - - - 4.75 43 SCHEDULE OF AUTHORIZED POSITIONS
FISCAL YEAR 2021/22 AND 2022/23
Exhibit B
Department/Positions
FY 22/23
Adopted June
21, 2022
Program
Reallocation Reclass
Additions/
Deletions
FY 22/23
Proposed Sept
1, 2022
Finance:
Finance Administration
Finance Director 1.00 1.00
Accounting Manager 1.00 1.00
Accounting Supervisor 1.00 1.00
Budget Analyst 1.00 1.00
Accountant 2.00 2.00
Management Assistant 1.00 1.00
Accounting Specialist 4.00 4.00
Senior Office Specialist 1.00 1.00
Total Finance 12.00 - - - 12.00 Planning Environmenal Review:
Current Planning
Planning Director - -
Planning Manager 1.00 1.00
Supervising Senior Planner 2.00 2.00 Senior Planner 1.00 1.00
Associate Planner 3.00 3.00
Management Analyst - -
Code Compliance Officer 2.00 2.00
Assistant Planner - -
Management Assistant - -
Permit Technician 1.00 1.00
Office Specialist 0.50 0.50
Total Current Planning 10.50 - - - 10.50 Building & Safety
Planning Director - -
Management Assistant - -
Total Building & Safety - - - - - Advance Planning
Planning Director - -
Planning Manager 1.00 1.00
Senior Planner 2.00 2.00
Management Assistant - -
Total Advance Planning 3.00 - - - 3.00 Planning Commission & Design Review Board
Planning Director - -
Management Assistant - -
Total Planning Commission & Design Review Board - - - - - Sustainability Program
Sustainability Manager 1.00 1.00
Sustainability Coordinator - -
Management Assistant 1.00 1.00
Total Sustainability Program 2.00 - - - 2.00 Housing Program
Senior Housing Analyst 1.00 1.00
Total Housing Program 1.00 - - - 1.00 Administration
Planning Director 1.00 1.00
Management Assistant 1.00 1.00
Total Administration 2.00 - - - 2.00 Total Planning Environmental Review 18.50 - - - 18.50 Public Works:
Administration
Public Works Director 1.00 1.00
Assistant Public Works Director 0.50 0.50 Senior Management Analyst 0.50 0.50 Management Analyst 1.00 1.00
Management Assistant 1.00 1.00
Administrative Assistant - -
Senior Office Specialist - -
Total Administration 4.00 - - - 4.00 44 SCHEDULE OF AUTHORIZED POSITIONS
FISCAL YEAR 2021/22 AND 2022/23
Exhibit B
Department/Positions
FY 22/23
Adopted June
21, 2022
Program
Reallocation Reclass
Additions/
Deletions
FY 22/23
Proposed Sept
1, 2022
Engineering
Assistant Public Works Director 0.25 0.25 Principal Civil Engineer 1.00 1.00
Traffic Engineer - -
Management Analyst - -
Assistant Engineer 1.00 1.00
Public Works Inspector 1.00 1.00
Sr. Engineering Technician 1.00 1.00 Management Assistant - -
Administrative Assistant - -
Total Engineering 4.25 - - - 4.25 Facilities Maintenance
Facilities Maintenance Technician - - Total Facilities Maintenance - - - - - Parks & Open Spaces
Public Works Manager - -
Parks & Open Spaces Manager 1.00 1.00 Public Works Supervisor 1.00 1.00
Environmental Services Specialist 1.00 1.00 Lead Maintenance Worke r - -
Administrative Assistant 1.00 1.00
Senior Office Specialist - -
Maintenance Worker II 1.00 1.00
Maintenance Worker I 3.00 3.00
Total Parks & Open Spaces 8.00 - - - 8.00 Capital Improvement
Public Works Director - -
Assistant Public Works Director 0.25 0.25 Principal Civil Engineer 2.00 2.00
CIP Manager - -
Sr. Project Engineer 1.00 1.00
Senior Engineer 1.00 1.00
Senior Management Analyst 0.50 0.50 Management Analyst - -
Assistant Engineer 1.75 1.75
Senior Office Specialist 1.00 1.00
Total Capital Improvement 7.50 - - - 7.50 Street Lighting
Principal Civil Engineer 1.00 1.00
Assistant Engineer 1.25 1.25
Total Street Lighting 2.25 - - - 2.25 Street Maintenance
Public Works Director - -
Public Works Manager 1.00 1.00
Management Assistant - -
Administrative Assistant 1.00 1.00
Public Works Supervisor 1.00 1.00
Lead Maintenance Worke r - -
Senior Office Specialist - -
Maintenance Worker II (1 Underfilling) 3.00 3.00 Maintenance Worker I 1.00 1.00
Total Street Maintenance 7.00 - - - 7.00 Solid Waste & Environmental Services
Public Works Director - -
Assistant Public Works Director - - Environmental Services Manager 1.00 1.00 Environmental Services Coordinator - - Environmental Services Specialist 1.00 1.00 Senior Management Analyst - -
Assistant Engineer - -
Management Analyst - -
Management Assistant - -
Administrative Assistant 1.00 1.00
Senior Office Specialist - -
Total Solid Waste & Environmental Services 3.00 - - - 3.00 Total Public Works 36.00 - - - 36.00 45 SCHEDULE OF AUTHORIZED POSITIONS
FISCAL YEAR 2021/22 AND 2022/23
Exhibit B
Department/Positions
FY 22/23
Adopted June
21, 2022
Program
Reallocation Reclass
Additions/
Deletions
FY 22/23
Proposed Sept
1, 2022
Neighborhood Services:
Neighborhood Services Administration
Neighborhood Services Director 0.90 0.90 Principal Project Manager - -
Senior Project Manager - -
Emergency Services Coordintor 1.00 1.00 Management Analyst 0.90 0.90
Management Assistant 1.40 1.40
Total Neighborhood Services 4.20 - - - 4.20 Homelessness
Homelessness Outreach Coordinator 1.00 1.00 Total Homelessness 1.00 - - - 1.00 Economic Development
Principal Project Manager - -
Senior Project Manager - -
Economic Development Coordinato r - - Total Economic Development - - - - - Parks & Recreation
Neighborhood Services Director 0.10 0.10 Parks & Recreation Manager 1.00 1.00 Management Analyst 0.10 0.10
Management Assistant 0.10 0.10
Total Parks & Recreation 1.30 - - - 1.30 Community Center
Recreation Supervisor 1.00 1.00
Maintenance Worker I 1.00 1.00
Administrative Assistant (GCC) 1.00 1.00 Total Community Center 3.00 - - - 3.00 Library - Goleta
Library Director - -
Library Director (Assistant Neighborhood Services Director) 1.00 1.00 Supervising Librarian 1.00 1.00
Management Assistant 1.00 1.00
Librarian II/Children's Librarian 1.00 1.00 Library Technician (1 Full-Time, 5 Part-Time) 2.88 2.88 Library Assistant I (3 Full-Time, 4 Part-Time, 2 Part-Time Limi ted 5.25 5.25 Total Library - Goleta 12.13 - - - 12.13 Library - Buellton
Senior Library Technician 1.00 1.00
Library Technician (2 Part-Time) 0.75 0.75 Library Assistant I (2 Part-Time) 0.75 0.75 Total Library - Buellton 2.50 - - - 2.50 Library - Solvang
Senior Library Technician 1.00 1.00
Library Technician (4 Part-Time) 1.50 1.50 Total Library - Solvang 2.50 - - - 2.50 Total Neighborhood Services 26.63 - - - 26.63 Grand Total: 115.775 - - 1.00 116.775 46