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__________________________________________________________________________________________ EMPLOYMENT AGREEMENT BETWEEN CITY OF STOCKTON AND CITY ATTORNEY LORI M. ASUNCION
EMPLOYMENT AGREEMENT BETWEEN
CITY OF STOCKTON AND LORI M. ASUNCION AS CITY ATTORNEY
(AT-WILL AND NON-CLASSIFIED POSITION)
This Agreement is made and entered into this 13th day of September 2022, by and between the City of Stockton, a California charter city and municipal corporation (“CITY”) and Lori M. Asuncion (“EMPLOYEE”) (collectively referred to as PARTIES), both of whom understand and agree to the following:
RECITALS
Under City of Stockton Charter 1302, the City Council voted to appoint EMPLOYEE as its City Attorney on September 13, 2022, at its regularly scheduled meeting; and
City Council finds EMPLOYEE possesses the specialized skills necessary and required for the position of City Attorney.
CITY and EMPLOYEE agree as follows:
1. CHARTER RULES. EMPLOYEE agrees to abide by ARTICLE XIII DEPARTMENT OF LAW of CITY CHARTER SECTIONS 1300- 1306, to include the prohibition of outside employment.
2. AT-WILL DEFINITION. EMPLOYEE is at will and serves at the pleasure of City Council and can be terminated at any time with or without cause. EMPLOYEE’s at-will status means there is no guarantee as to length of time for employment. No CITY representative has authority to agree to anything contrary to employee at-will status unless it is specific, in writing, and signed by City Council.
3. DURATION OF AGREEMENT. The effective date of this agreement shall begin September 13, 2022. This agreement governing benefits shall remain in effect for five (5) years unless otherwise terminated pursuant to provision in Provision 6:
TERMINATION OF RELATIONSHIP. At the end of the initial term of five (5) years, this agreement may be ex tended upon mutual writt en agreement between the Parties.
4. COMPENSATION and COST OF LIVING INCREASES. CITY shall compensate EMPLOYEE with an annual salary of $270,000 (two hundred seventy thousand dollars) payable in same manner and time as all other employees of City of Stockton. EMPLOLYEE shall be entitled to any appr oved cost of living increases applicable to employees under City’s Unrepresented Management/Confidential and Law Employee’s Compensation Plan (“UNREP COMP PLAN.”) EXHIBIT 1
_____________________________________________________________________________________________ EMPLOYMENT AGREEMENT BETWEEN CITY OF STOCKTON AND CITY ATTORNEY LORI M. ASUNCION
5. FRINGE BENEFITS. CITY agrees to provide EMPLOYEE with benefits that are consistent with benefits provided under UNREP COMP PLAN with either the exception or addition of the following:
Vacation. EMPLOYEE shall be credited with thirty (30) days of vacation as of the commencement of employment of as City Attorney and shall receive thirty (30) days annual vacation. Maxi mum vacation accrual is ninety (90) days.
Sick Leave. EMPLOYEE shall be credited with fi fteen (15) days of sick leave as of the commencement of empl oyment as City Attorney and shall accrue fifteen (15) days of sick leave annually with unlimited accumulation.
Sick leave may be used in accordance with policies applicable to executives of CITY.
Professional Development . CITY shall pay for EMPLOYEE’s State of California Annual Bar Dues, costs for minimum legal education requirements, and costs for attendance at the League of California City Attorney’s Spring Conference and Annual Conference.
Vehicle Allowance. EMPLOYEE will receive a monthly vehicle allowance of $500.
Technology Allowance . EMPLOYEE will receive a monthly technology allowance of $400.
Deferred Compensation. CITY agrees to contribute to EMPLOYEE’s 401 (a) or equivalent, deferred compensati on plan an amount equal to twelve- and one-half (12.5%) percent of EMPLOYEE’s annual salary.
6. TERMINATION OF RE LATIONSHIP. EMPLOYEE understands and agrees that City Council may terminate EMPLOYEE at any time for any reason.
a. If Council terminates EMPLOYEE without cause, the following is required:
i. EMPLOYEE agrees to immediately surr ender the position of City Attorney and any and all writings containing information relating to the conduct of the City’s business prepared, owned, used, or retained by EMPLOYEE regardless of physical form or
characteristics, and any and all equipm ent, tools, or other materials of whatever nature provided to EMPLOYEE by CITY in her capacity of City Attorney.
ii. EMPLOYEE shall be entitled to rece ive payment for all hours worked, any holiday pay due and o wing, all vacation hours accrued to the day of contributions by the CITY on behalf of EMPLOYEE.
EXHIBIT 1
_____________________________________________________________________________________________ EMPLOYMENT AGREEMENT BETWEEN CITY OF STOCKTON AND CITY ATTORNEY LORI M. ASUNCION
iii. City Council agrees to provide EMPLOYEE with six (6) months-worth of severance pay.
b. If Council terminates EMPLOYEE for cause, the following governs benefits owed under this agreement:
i. No severance payment shall be owed.
ii. For cause is defined as: willful misconduct, gross negligence, illegal conduct, refusal or unwillingness to perform duties, failure to adequately perform job duties, dish onesty; violation of Charter obligations, insubordination, and violation of fiduciary duties.
c. If EMPLOYEE resigns, the following is required:
i. EMPLOYEE agrees to provide City Council with two (2) weeks advance written notice.
7. ENTIRE AGREEMENT . This agreement contains the entire understanding between the PARTIES. No promise, representation, warrant or covenant not included in this agreement has been or is relied on by any party hereto.
8. SEVERABILTY. If any portion of this agr eement is deemed invalid or unenforceable, the remainder of this agreement shall not be affected and shall remain in full force and effect to the greatest extent permitted by law.
9. AMENDMENTS. This agreement may be amended only in writing and duly authorized and executed by both parties.
EMPLOYEE CITY OF STOCKTON
LORI M. ASUNCION KEVIN J. LINCOLN II
M A Y O R
A T T E S T : APPROVED AS TO FORM:
ELIZA R. GARZA, CMC MARCI A. ARREDONDO
CITY CLERK DEPUTY CITY ATTORNEY
EXHIBIT 1