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AMENDMENT NO. 4 TO CITY MANAGER’S EMPLOYMENT AGREEMENT
PROVIDING TO THE CITY MANAGER THE ABILITY TO ACCRUE UP TO AN ADDITIONAL LEAVE OF 150 HOURS THAT MUST BE USED PRIOR TO DECEMBER 31, 2024
This Amendment No. 4 (“Amendment 4”) to that certain Employment Agreement dated February 21, 2018 by and between the City of Manhattan Beach, a municipal corporation (“City”) and Bruce Moe (“Employee”) is entered into on December 5, 2023.
RECITALS
A. City and Employee ( collectively “the Parties”) entered into an employment agreement on February 21, 2018, setting forth Employee’s duties and responsibilities as City Manager for the City , which provided, inter alia, that the City Manager shall accrue general leave at the rate of 280 hours annually, with a total cap of 840 hours.
B. On April 2, 2019, the Parties entered into Amendment No. 1 providing for a three percent merit increase to Employee’s base salary and a cell phone allowance in lieu of providing a smart phone.
C. On November 5, 2020, the Parties entered into Amendment No. 2 providing a three year extension of the term of the Agreement and modifications to certain benefits.
D. On March 22, 2023, the Parties entered into Amendment No. 3 extending the term of the Employment Agreement to February 5, 2027, and increasing Employee’s base salary.
E. Hereinafter, the Employment Agreement, as amended by Amendments No. 1, No. 2 and No. 3, is referred to as “the Agreement.”
NOW, THEREFORE, the Parties hereby amend the Agreement as follows:
Section 1. Section 4 B (2) General Leave of the Agreement is hereby amended to read:
“(2) General Leave. Employee shall accrue general leave at the rate of 280 hours annually, prorated and credited each pay period. When possible, general leave shall be scheduled with the City Council at least two weeks in advance. Employee may accrue general leave not to exceed a limit of 840 hours. Once Employee’s accrual reaches the 840-hour limit, all further accruals will cease; and Employee will not be eligible for further accruals until his accrued general leave balance falls below the 840-hour limit.
Employee may “cash out” accrued leave in accordance with the applicable rules for Management/Confidential employees.
Notwithstanding the foregoing 840 maximum accrual number of general leave hours, Employee may accrue up to an additional 150 hours, prorated and credited each pay period, that he can use in lieu of General Leave. Any unused balance of such
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additional annual leave shall be forfeited on December 31 , 2024 . Any general leave accrued above 840 hours is non -cashable and will be placed in a separate bank, whi ch may be used at any time during calendar year 2024.”
Section 2. Except as specifically amended by this Amendment No. 4, all terms and conditions set forth in the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, this Amendment is entered into December 5, 2023.
CITY OF MANHATTAN BEACH
By: ____________________________
Mayor Richard Montgomery
Date: ____________________________
ATTEST:
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City Clerk Liza Tamura
Date: ____________________________
EMPLOYEE
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City Manager Bruce Moe
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APPROVED AS TO FORM:
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City Attorney Quinn M. Barrow
Date: ____________________________