RESOLUTION NO. 6449-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTOPOL
APPROVING AND ADOPTING THE AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES CITY MANAGER (Employer Hiring Authority: City Council)
WHEREAS, Employee serves as the City of Sebastopol City Manager; WHEREAS, any changes to said contract shall be approved by the City Council; and WHEREAS, City Council and Employee have met and conferred on June 28, 2022 and City Council has unanimously approved the amendments to said employment; and WHEREAS, the City and Employee agreed to revisions to current employment agreement.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Sebastopol, approval of the Amendment Number 4 to the Agreement for Professional Services for the City Manager.
PASSED AND ADOPTED, by the CITY COUNCIL of THE CITY OF SEBASTOPOL, COUNTY OF SONOMA, of STATE OF CALIFORNIA on this 5th day of July, 2022.
I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by City of Sebastopol City Council following a roll call vote:
VOTE:
Ayes: Councilmembers Glass, Gurney, Rich, Vice Mayor Hinton and Mayor Slayter Noes: None
Absent: None
Abstain: None
APPROVED:
Mayor Patrick Slayter
ATTEST: _______________________________________________________________ Mary Gourley, Assistant City Manager/City Clerk, MMC
APPROVED AS TO FORM:
Larry McLaughlin, City Attorney
AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
CITY MANAGER (Employer Hiring Authority: City Council)
(Amendment Number 4)
This Amended and Restated Employment Agreement ("Agreement - Exhibit B") is made and entered into on this 5th day of July, with an effective date of July 1, 2022, by and between the City of Sebastopol, California (herein "City" or "Employer") and Larry McLaughlin, (hereinafter referred to as "Employee"), with reference to the following facts:
WHEREAS, Employer and Employee entered into a contract of employment on May 1, 2012 to the position of Interim City Manager of the City of Sebastopol; and WHEREAS, Employee was Appointed by the City Council on January 8, 2013, to the position of City Manager of the City of Sebastopol; and
WHEREAS, on March 5, 2013, Employer and Employee entered into a contract of employment of City of Sebastopol City Manager; and
WHEREAS, on August 5, 2014, Employer and Employee approved an extension of the contract to January 14, 2017; and
WHEREAS, on March 16, 2016, Employer and Employee approved an extension of the contract to January 14, 2021; and
WHEREAS, on May 18, 2021, Employer and Employee approved an extension of the contract to June 30, 2022; and
WHEREAS, Employee has and continues to perform functions and duties as the City of Sebastopol City Manager for the City of Sebastopol as assigned by the City Council; and WHEREAS, City and Employee have met and conferred on June 28, 2022 and City Council and City Manager have unanimously approved the amendments to said employment and Employer and Employee hereby mutually covenant and agree to the following provisions listed herein; and WHEREAS, the City and Employee now desire to make certain minor revisions to their current employment agreement (Exhibit A); and
WHEREAS, City Council and Employee agree and City Council has unanimously approved to extend the term of the Agreement for said employment from July 1, 2022 through June 30, 2023, and Employer and Employee hereby mutually covenant and agree to the following provisions listed herein; and WHEREAS, all remaining terms and conditions of said Agreement of March 3, 2013, August 5, 2014, March 16, 2016, and May 18, 2021, are incorporated herein and remain in full force and effect; and WHEREAS, Employee shall continue to receive such applicable benefits, bonuses, incentives, holidays, etc., in the same manner and under the same limitations provided to and imposed upon the Management employees and Master Personnel Rules and Regulations unless otherwise amended in writing; and
WHEREAS, City shall not at any time during the term of this Agreement reduce the salary, compensation, or other benefits of Employee; and
WHEREAS, This amendment 4 and restated agreement and Amendments 1 through 3 shall continue to be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution of said agreement. Except as amended by this Amendment No. 4, all other provisions of the Employment Agreement, as amended, shall remain unchanged and in full force and effect.
NOW, THEREFORE BE IT RESOVLED, for and in consideration of the covenants and mutual promises herein set forth, the parties agree to amendments as listed in Exhibit A.
NOW THEREFORE, BE IT FURTHR RESOLVED, by the City Council of the City of Sebastopol, approval of the extension to the Agreement for Professional Services for the City Manager from July 1, 2022 through June 30, 2023.
The above and foregoing amendment was duly passed, approved and adopted at a publicly noticed meeting by the City Council on this 5th day of July 2022 by the following vote:
VOTE:
Ayes: Councilmembers Glass, Gurney, Rich, Vice Mayor Hinton and Mayor Slayter Noes: None
Absent: None
Abstain: None
APPROVED:
Mayor Patrick Slayter
ATTEST: _______________________________________________________________ Mary Gourley, Assistant City Manager/City Clerk, MMC
APPROVED AS TO FORM:
Larry McLaughlin, City Attorney
AMENDMENT NUMBER 4
EXHIBIT A
COMPENSATION:
Salary: Employee shall be paid an annual base salary as listed and approved in the Pay Rate and Ranges and any future updates to Ordinance No. 563 that are amended, approved and adopted by the City Council; a copy of which is available on the City of Sebastopol city Web site at www.citvofsebastopol.org.
COLA:
Effective July 1, 2022, Said Employee shall receive a Four Percent (4%) pay raise payable on a pro-rata basis in the same manner as all full time City employees, and subject to all applicable payroll taxes and withholdings.
Employee shall receive a one-time, non-pensionable, lump sum retention payment of five thousand ($5,000) gross one-time distribution upon City Council ratification approval of Amendment Number 4.
Telework/Telecommute: It is recognized that the employee has an approved telework/telecommuting agreement and Employee shall be allowed to continue Telework/Telecommuting as approved by the City Council (City Clerk) and as Approved by the City Manager (Assistant City Manager) Longevity Pay: Employee is authorized an additional 2% of yearly salary effective the beginning of the anniversary date of 30 years of service with the City.
Deferred Compensation: Effective July 1, 2022, Employee shall receive a set stipend of $350 per month to be paid by the employer into employee’s IMCA Deferred Compensation Plan.
Electronic Allowance: The City shall provide Employee with an electronic allowance for mobile telephone, Cellular Service / Wi Fi for Laptop as a set stipend of $150.00 per month) to offset the costs of personal devices for official business. Said allowance shall be payable upon the first pay cycle of the month.
Hours of Work: It is recognized that Employee devotes a great deal of time outside the normal office hours (7:00 am – 5:30 pm Monday through Thursday) on business related to the operations of the City of Sebastopol, and to that end, Employee shall be allowed to establish an appropriate work schedule, subject to the periodic review and approval of the City Council Declared Emergency Situations: When working as disaster service worker, employee shall be eligible for hazard pay for hours worked beyond forty (40) hours in a work week due to a City Council declared emergency. Such pay is non-pensionable compensation. Hazard pay in emergency situations shall be equivalent to 1.5 of the employee’s straight time pay at the time of accrual, and shall not be accrued as compensatory time. Under no circumstances shall an exempt employee be paid hazard except under the circumstances set forth in this provision, or as may be set forth by the City Council.
RESOLUTION NO. 6254-2019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTOPOL
APPROVING AND ADOPTING THE AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES FOR APPOINTED CITY MANAGER (Employer Hiring Authority: City Council) WHEREAS, Employee serves as the City of Sebastopol City Manager; and WHEREAS, any changes to said contract shall be approved by the City Council; and WHEREAS, City Council and Employee have met and conferred on June 4th, June 18th and June 25th, 2019 and City Council has unanimously approved the amendments to said employment; and WHEREAS, the City and Employee agreed to revisions to current employment agreement.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Sebastopol, approval of the Amendments to the Agreement for Professional Services for the City Manager.
IN CITY COUNCIL, DULY PASSED, APPROVED AND ADOPTED this 16th day of July 2019 by the following vote:
VOTE:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Councilmembers Carnacchi, Glass, Gurney, Vice Mayor Slayter and Mayor Hinton None
None
None
anager / City Clerk
APPROVED AS TO FORM:
AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
APPOINTED CITY MANAGER (Employer Hiring Authority: City Council) (Amendment Number 3)
This Amended and Restated Employment Agreement (“Agreement — Exhibit B”) is made and entered into on this ~ 6~ day of July, with an effective date of July 1, 2019, by and between the City of Sebastopol, California (herein “City” or ‘Employer”) and Larry McLaughlin, (hereinafter referred to as “Employee”), with reference to the following facts:
WHEREAS, Employer and Employee entered into a contract of employment on May 1, 2012 to the position ofInterim City Manager ofthe City ofSebastopol; and WHEREAS, Employee was Appointed by the City Council on Januaiy 8,2013, to the position ofCity Manager ofthe City ofSebastopol; and
WHEREAS, on March 5, 2013, Employer and Employee entered into a contract of employment of City of Sebastopol City Manager; and
WHEREAS, on August 5, 2014, Employer and Employee approved an extension of the contract to January 14, 2017; and
WHEREAS, on March 16, 2016, Employer and Employee approved an extension of the contract to January 14, 2021; and
WHEREAS, Employee has and continues to perform functions and duties as the City of Sebastopol City Manager for the City of Sebastopol as assigned by the City Council; and WHEREAS, the City and Employee now desire to make certain minor revisions to their current employment agreement (Exhibit A); and
WHEREAS, City Council and Employee have met and conferred on June 4th, June 18th and June 25th, 2019 and City Council has unanimously approved the amendments to said employment and Employer and Employee hereby mutually covenant and agree to the following provisions listed herein; and
WHEREAS, all remaining terms and conditions of said Agreement of March 3, 2013, August 5, 2014, and March 16, 2016, are incorporated herein and remain in full force and effect; and WHEREAS, Employee shall continue to receive such applicable benefits, bonuses, incentives, holidays, etc., in the same manner and under the same limitations provided to and imposed upon the management employees unless otherwise amended in writing; and WHEREAS, This amendment and restated agreement shall continue to be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution of said agreement.
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NOW, THEREFORE BE IT RESOVLED, for and in consideration of the covenants and mutual promises herein set forth, the parties agree to amendments as listed in Exhibit A.
The above and foregoing amendment was duly passed, approved and adopted at a publicly noticed meeting by the City Council on this 16th day of July, 2019 by the following vote:
VOTE:
Ayes: Councilmembers Carnacchi, Glass, Gurney, Vice Mayor Slayter and Mayor Hinton Noes: None
Abstain: None
Absent: None
APPROVED: .~ ~b — -
~ Neysa inton
EMPLOYEE: ~
Larry aughlin, City Attorney
/
ATTEST: IA~Ld / AA....
Mary I ourley, A ~.istant City~ anager/City Clerk, MMC
EXHIBIT A
COMPENSATION:
Salary: Employee shall be paid an annual base salary as listed and approved in the Pay Rate and Ranges and any future updates to Ordinance No. 563 that are amended, approved and adopted by the City Council; a copy of which is available on the City of Sebastopol city Web site at www.cityofsebastopol org. Prior to June 30, 2022, the employer and/or employee shall request a reopener for negotiations of salary and/or other compensation benefits.
Administrative: In order to compensate overtime exempt management employee for the added hours worked, employee shall be granted a total of 120 hours Administrative Leave with pay during each fiscal year. 60 Hours to be credited on July 1st of each year and 60 hours to be credited to January 1st of each year. Unused hours to be cashed out no later than May 30th of each fiscal year to being balance to zero on June 30th of each fiscal year. In the event of resignation, termination, or retirement, an employee will be paid for unused hours of their accrued administrative leave balance.
Vacation Leave Accrual Limits: Vacation to be accrued at 10 hours per payroll. Any vacation balance that exists in excess of three times the Employee’s accrual rate may be cashed out during the year but no later than December 1S~ of each year.
Sick Leave Accrual Limits: Sick leave to be accrued at 5 hours per payroll. No cap on sick leave as stated in personnel rules.
Personal Days: Employee is granted two personal days per fiscal year, hours to be consistent with work shift.
Benefits: Effective July 1, 2019, Employee shall receive a set stipend of $300 per month to be paid by the employer into employee’s IMCA Deferred Compensation Plan.
Longevity Pay: Employee is authorized an additional 1% of yearly salary effective July 1, 2019 and an additional 3% yearly salary beginning of the anniversary date of 25 years of service with the City.
Vehicle allowance. Employee shall receive a set stipend of Three Hundred Fifty Dollar ($350.00) per month car allowance to reimburse employee for use of a personal vehicle in pursuit of recognized official duties within and around the County of Sonoma. Said allowance shall be payable upon the first pay cycle of the month. Employee shall be reimbursed for use of such vehicle for official travel to and from destinations outside County ofSonoma at the same rate that is paid to other City employees for similar travel.
Electronic Allowance: The City shall provide Employee with a cellular phone allowance for mobile telephone, Cellular is a set stipend of $80 per month to offset the costs of personal device. Said allowance shall be payable upon the first pay cycle of the month.
EXHIBIT B
EMPLOYMENT AGREEMENT
This Agreement is made and entered into on this 5th day of March 2013, by and between the City of Sebastopol, California (hereinafter referred to as “Employer”) and Lawrence McLaughlin (hereinafter referred to as “Employee), pursuant to these terms and conditions:
A. WHEREAS, the Employer and Employee mutually desire to set forth herein certain procedures, benefits and requirements regarding the employment of Employee by Employer; and B. WHEREAS, the Employer desires to employ the services of Employee on the terms and conditions set forth herein as City Manager of said City under the terms and conditions recited herein; and
C. WHEREAS, Employee desires to accept employment as the City Manager of said City under the terms and conditions recited herein.
NOW, THEREFORE, the Employer and Employee hereby mutually covenant and agree to the following:
1. Specified Term:
A. The Employer hereby hires Employee and Employee hereby accepts employment with Employer for a period of two (2) years beginning January 15, 2013, and ending on January 14, 2015.
B. This Agreement may be terminated earlier as hereinafter provided.
C. After January 14, 2015, the Employer and Employee may renegotiate the term of this Agreement.
In the event that, for any reason, a mutually agreeable term cannot be reached by both parties, this Agreement shall automatically terminate in accordance the provisions in Section l.A.
D. Employee is, and shall remain, the City Attorney, a permanent position. Upon termination of Employee’s services as City Manager, Employee shall continue as City Attorney on the same terms and conditions as existed on May 25, 2012.
2. Titi~ and Description of Duties:
A. The employee shall serve as City Manager of the City of Sebastopol. inthat capacity, the Employee shall do and perform all duties, services, acts, and all that is necessary or advisable to fulfill the duties of City Manager as specified by law, and in City Ordinance Nos. 379, 473, and 493, as amended from time to time. However, Employee shall at all times be subject to the direction of the City Council and to the policies established by the City Council.
EXHIBIT B
B. Employee agrees to accomplish specific tasks as specified and described by the City Council from time to time in a timely and professional manner. Employee understands that the determination of timeliness and professionalism lies solely in the discretion of the City Council.
Specific tasks and work plans will be discussed and agreed upon at least annually between the Employer and Employee to ensure that a mutual understanding of priorities is established and that both parties strive to achieve common goals and objectives.
C. Employee agrees that to the best of his ability and experience, he will at all times loyally and conscientiously perform all of the duties and obligations of him either expressly or implicitly by the terms of this Agreement.
3. Salary and Benefit Compensation of Employee:
A. Evaluation: The City Council shall evaluate the Employee’s performance on a regular basis as such times that the Council may request.
B. Annual Salary: As compensation for the services to be rendered by the Employee, Employer shall pay Employee at an annual salary rate of$ 128, 904.OOas of January 15, 2013. This salary is payable in promoted installments on the same payment schedule as other City employees. Employee shall receive cost of living increases as provided to other management employees during the term of this contract.
C. Holiday. Vacation and Sick Leave:
I. Employee shall receive all holidays normally provided to all City management employees.
II. Employee shall accrue ten (10) hours of vacation time each month.
III. Sick leave accrual will be eight (8) hours per month.
IV. Upon termination by Employer, for any reason, the Employer shall compensate Employee for all accrued vacation and sick leave. En the event Employee voluntarily resigns, the Employee shall be entitled to 100% of the value of vacation time accrued.
D. mini~irative Leave: Employee shall accrue 80 hours of administrative leave per year.
E. Insurance: All insurance benefits including medical, dental, vision and life insurance shall be provided to the Employee as provided to other management employees of the City. In the event the Employee chooses not to participate in the City plans, he may choose to receive the City paid premium benefits for medical coverage applied to his deferred compensation plan.
F. J~ERS Retirement: Employee shall make such employee contributions to the California Public Employees’ Retirement System as are required of other management employees of the City.
0. Medical After Retirement: The Employee shall receive medical premium benefits after retiring from the City under the PERS retirement plan in accordance with City policy. 2
I
H. Q~1~gfjj~: Employee shall receive such other benefits and leave as are provided currently or into the future by the City management and supervisory personnel under the same terms and conditions.
4. ~ofEot:
~ntin~or:
A. Employee is an “at will” employee, and pursuant to the provisions of Ordinance No. 379, the Employer may at any time terminate Employee upon a three member vote of the whole City Council in a regular City Council meeting. The power of the City Council to remove the City Manager pursuant to this paragraph shall be limited as set forth in Ordinance No. 473.
B. In the event of such termination while the Employee is willing to perform the duties of City Managet Employee shall be provided 30 days advance notice of the intent to terminate. Such notice shall not be required iftermination is due to voluntary termination under Paragraph 5.B., Employee’s death, incapacity due to injury or illness (physical or mental) for a period in excess of 60 days, and act of willful misconduct or malfeasance, a breach of a term of this agrcement, or if by conviction of a felony, or conviction of a misdemeanor involving moral turpitude or dishonesty for personal gain.
5. ~natinbEl:
A. Employee may, at any time and for any reason, terminate his employment with the Employer by providing 30 days advance written notice of termination to Employer by certified or registered mail, return receipt requested.
B. As set forth in Paragraph I .D, above, Employee’s position as City Attorney shall not be affected by the provisions of this Section.; however, the City Council shall meet and confer with employee regarding his tenure, pay, benefits as City Attorney.
C. Notices: Any notices required by this Agreement shall be in writing and either given in person or by first class mail with the postage prepaid and addressed as follows:
TO CITY: City Council do Mayor
City of Sebastopol
7120 Bodega Avenue, Post Office Box 1776
Sebastopol, CA 95473.1776
TO EMPLOYEE: Lawrence McLaughlin
do City of Sebastopol
7120 Bodega Avenue
Sebastopol, CA 95472
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EXHIBIT B
6. Entire Aareement: This agreement is the final expression of the complete agreement of both understandings. Except as prescribed herein, this Agreement cannot be modified except by written mutual agreement signed by the parties.
7. Assignment: This Agreement is not assignable by either Employer or Employee.
8. Severability: In the event that any provisions of this Agreement is finally held or determined to be illegal or void by a duly appointed arbitrator or by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portion of the Agreement.
9. Counterparts: This Agreement shall be executed in two counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
10. Government Code Section: 53243.2: Pursuant to Government Code 53243.2, Employee agrees that if this Agreement is terminated, Employee shall reimburse the City the full amount of any cash settlement Employee received from the City relating to that termination ifthe Employee is convicted of a crime involving an abuse or his office or position.
IN WITNESS WHEREOF, the Employer has caused this Agreement to be signed and executed in its behalf by its Mayor and duly attested by the Ci Jerk. It has also been executed by the employee.
I
May.’ Michael
ATTEST:
AMENDMENT TO EMPLOYMENT AGREEMENT
EXTENSION OF CONTRACT
EXHIBIT B
This Agreement is made and entered into on this 5th day ofAugust, 2014, by and between the City of Sebastopol, California (hereinafter referred to as “Employer”) and Lawrence McLaughlin (hereinafter referred to as “Employee), pursuant to these terms and conditions:
A. WHEREAS, on January 8, 2013, the Employer approved appointment ofEmployee to the position of City Manager ofthe City of Sebastopol; and
B. WHEREAS, on March 5, 2013, Employer and Employee entered into a contract of employment of City of Sebastopol City Manager; and
C. WHEREAS, Employer and Employee mutually desire to continue the employment as the City Manager of said City under the terms and conditions recited in contract dated March 5, 2013 and attached and incorporated in this extension, for a period oftwo years from its current expiration date.
NOW, THEREFORE, the Employer and Employee hereby mutually agree to the following:
A. The Employer and Employee hereby agree to extend said contract with Employee for a period oftwo (2) years beginning January 15, 2015 and ending January 14, 2017.
B. All remaining terms and conditions of said Agreement of March 13, 2013 are incorporated herein and remain in full force and effect.
ROBERT
EMPLOYER
MAYOR, CITY OF SEBASTOPOL
ATTEST~~~/ ~
ary C/~our1ey/CMC, Ci1~C1erk
L AUGHLIN
EMPLOYEE
CITY MANAGER, CITY OF
SEBASTOPOL
EXHIBIT B
AMENDMENT TO EMPLOYMENT AGREEMENT EXTENSION OF CONTRACT This Agreement is made and entered into on this 15t1~ day of March, 2016, by and between the City of Sebastopol, California (hereinafter referred to as “Employer”) and Lawrence McLaughLin (hereinafter referred to as “Employee), pursuant to these terms and conditions:
A. WHEREAS, on January 8, 2013, the Employer approved appointment of Employee to the position of City Manager ofthe City of Sebastopol; and
B. WHEREAS, on March 5, 2013, Employer and Employee entered into a contract of employment of City of Sebastopol City Manager; and
C. WHEREAS, on August 5, 2014, Employer and Employee approved an extension ofthe contract to January14, 2017; and
D. WHEREAS, Employer and Employee mutually desire to continue the employment as the City Manager ofsaid City under the terms and conditions recited in contract dated March 5, 2013 and attached and incorporated in this extension, except as amended below.
NOW, THEREFORE, the Employer and Employee hereby mutually agree to the following A. The Employer and Employee hereby agree to extend said contract with Employee to January14, 2021.
B. Paragraph 3.C.(Il) is amended as follows: “Employee shall accrue ten (10) sii~teen (16) hours of vacation time each month.”
C. All remaining terms and conditions of said Agreement of March 5, 2013 are incorporated herein and remain in full force and effect.
~GlGurne2~i7
Law ce W. McLaughlin
ATTEST:
Mary C. G urley, C, City Cl
EXHIBIT B
Resolution Number 6076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTOPOL AUTHORIZING THE
EXTENSION OF THE EMPLOYMENT CONTRACT FOR CITY MANAGER
WHEREAS, the Sebastopol City Council has unanimously approved extension of the City Manager’s employment agreement; and
WHEREAS, the Sebastopol City Council and City Manager have entered into this agreement in recognition of the benefits accruing each party; and WHEREAS, this Agreement will ensure the retention City Manager services and the performance of the duties of the said office in a manner which serves the best interests of the City, subject to the direction of the City Council.
NOW, THEREFORE, BE IT RESOLVED, that the City of Sebastopol City Council approves the following amendments to the City Manager Employment Contract:
IN COUNCIL DULY PASSED this 15th day of March, 2016.
I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by the City of Sebastopol City Council by the following vote:
Approv~s4~ ‘4~” ~
~ah G1a5 urne , ayor~
AYES: Councilmembers Eder, Slayter, Vice Mayor Glass and Mayor Gurney NOES: None
ABSENT: Councilmember Jacob
ABSTAIN: None
ATTEST: / ____
Ma Gourle~, MMC, fty Clerk