Town of Yountville
Resolution Number 25-4359
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE APPROVING
THE EMPLOYMENT AGREEMENT FOR AND RATIFYING THE APPOINTMENT OF
BEVERLY WILMORE AS THE DEPUTY DIRECTOR OF MARKETING AND ECONOMIC DEVELOPMENT.
Recitals
A. WHEREAS, the Town Manager has appointed Beverly Wilmore to the position of Deputy Director of Marketing and Economic Development effective July 1, 2025, and pursuant to a proposed written Employment Agreement.
Now therefore, the Town Council of the Town of Yountville does resolve as follows:
1. The appointment by the Town Manager of Beverly Wilmore to the position of Deputy Director of Marketing and Economic Development effective July 1, 2025, is hereby ratified.
2. The Employment Agreement with Beverly Wilmore as Deputy Director of Marketing and Economic Development, attached hereto as Exhibit “A” and fully incorporated herein by this reference, is hereby approved and the Town Manager is authorized to sign the Employment Agreement on behalf of the Town.
3. The Town Clerk shall attest and certify to the passage and adoption of this Resolution, and it shall become effective immediately upon its approval.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 20th day of May 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Margie Mohler, Mayor
ATTEST:
Hilary Gaede, Communications Director/Town Clerk
EXHIBIT A
EMPLOYMENT AGREEMENT
BETWEEN THE TOWN OF YOUNTVILLE AND BEVERLY WILMORE DEPUTY DIRECTOR OF
MARKETING AND ECONOMIC DEVELOPMENT
RECITAL
The Town Manager has selected Beverly Wilmore (hereafter, “Deputy Director of Marketing and Economic Development”) to serve as Deputy Director of Marketing and Economic Development of the Town of Yountville (hereafter, the “Town”) effective July 1, 2025 and Beverly Wilmore accepts such employment subject to approval of this employment agreement (hereafter, this “Agreement”).
Accordingly, the parties agree as follows:
AGREEMENT
1. Effective Date
This Agreement shall become effective on July 1, 2025, and after it has been executed by Deputy Director of Marketing and Economic Development and the Town Manager.
2. Term of Employment
Pursuant to the Town Municipal Code and Personnel Rules and Policies, Deputy Director of Marketing and Economic Development serves at the pleasure of the Town Manager and on an “at will” basis and has no property interest in or right to his continued employment during the term of this Agreement, subject to the terms and provision of this Agreement as set forth below. This Agreement will remain in full force and effect until one of the parties terminates it as provided in this Agreement.
3. Duties; Hours of Work
A. Deputy Director of Marketing and Economic Development shall perform those functions and duties specified by State law, the Yountville Municipal Code, any applicable job description, and by direction of the Communications Director/Town Clerk and/or the Town Manager.
Deputy Director of Marketing and Economic Development shall perform such duties in accordance with the highest professional and ethical standards of the Deputy Director of Marketing and Economic Development position. Deputy Director of Marketing and Economic Development shall not engage in any activity, which is, or which may become, incompatible with the Town of Yountville or office of Deputy Director of Marketing and Economic Development, as provided for by federal, state, and local law. During the term of this Agreement, Deputy Director of Marketing and Economic Development shall be exclusively employed by the Town, unless prior authorization otherwise is received from the Town Manager, which authorization will not be unreasonably withheld.
B. Deputy Director of Marketing and Economic Development shall maintain a regular work schedule consistent with that approved for other management employees of the Town.
Deputy Director of Marketing and Economic Development‘s duties may require more than eight (8) hours per day and/or forty (40) hours per week and may also include time outside normal office hours such as attendance at Town Council and board and commission meetings. Deputy Director of Marketing and Economic Development is an exempt employee under the Fair Labor Standards Act and shall not be entitled to additional compensation for such time.
4. Compensation
A. Deputy Director of Marketing and Economic Development shall receive an annual base salary of $143,414.07 payable in equal semi-monthly payments to be made at the same time as other employees are paid.
B. Deputy Director of Marketing and Economic Development’s compensation shall be reviewed with the Communications Director/Town Clerk and/or the Town Manager at least annually in connection with the annual review required by section 14 below or at other times as may be determined by Communications Director/Town Clerk and/or the Town Manager. Merit based salary increases for Deputy Director of Marketing and Economic Development are at the sole discretion of the Communications Director/Town Clerk and/or the Town Manager during the term of this Agreement, dependent on the quality of job performance by Deputy Director of Marketing and Economic Development as determined by the Communications Director/Town Clerk and/or the Town Manager and the Town’s fiscal condition.
C. Salary increases are based on merit only and may be revoked in the event Deputy Director of Marketing and Economic Development receives an unsatisfactory evaluation, either at the annual evaluation or at any additional evaluation completed by the Town Manager.
If the Town Manager revokes a salary increase based on an unsatisfactory evaluation, Deputy Director of Marketing and Economic Development’s salary shall be decreased to an appropriate step as determined by the Communications Director/Town Clerk and/or the Town Manager.
D. The Town Manager may, on an annual basis, award special performance one-time cash bonuses not to exceed three percent (3%) of Deputy Director of Marketing and Economic Development’s annual base salary. These one-time cash bonuses may be given any time during the year provided the employee received at least a Standard rating on their last evaluation. Such one-time cash bonuses are not considered pensionable compensation.
E. Deputy Director of Marketing and Economic Development will be responsible for 100% of the employee contribution to the California Public Employees Retirement System (PERS), which, for those employees classified as “miscellaneous” employees under PERS, is currently
7.75% for “PEPRA” PERS members and is subject to change.
5. Health Insurance
A. Town shall contribute an amount equal to 90% of the cost of the Kaiser Health plan provided to employees through the PERS Health program. The cost shall be determined for each insurance coverage type as currently defined by PERS Health Program: employee only, employee and one (1) dependent and employee and two (2) plus dependents. Any balance owed by the employee for a plan selected which costs more than the contribution provided for by the Town shall be deducted by use of payroll deduction upon effective date of health benefits. The Town will pay full cost of dental plan available through the Town for Deputy Director of Marketing and Economic Development and dependents.
B. Deputy Director of Marketing and Economic Development may elect not to receive health coverage from the Town. Employees who elect not to receive health coverage from the Town will be required to sign a release form. Any employee who signs a release form shall receive monthly payments equal to five hundred dollars ($500) per month. From time-to-time, said amount will be adjusted as set forth in this Agreement.
6. Life Insurance
Town shall provide term life insurance in the amount of Deputy Director of Marketing and Economic Development’s base salary not to exceed $150,000. Such life insurance shall be provided through the same insurance company providing life insurance to other Town employees, or by another insurer acceptable to the Town.
7. Administrative Leave
Deputy Director of Marketing and Economic Development shall devote her full time to this position and shall not be eligible for any overtime compensation. In lieu of any overtime compensation, Deputy Director of Marketing and Economic Development shall receive eighty (80) hours per year as reimbursement for attending evening and weekend meetings and other events requiring representation of the Town.
Hereafter, by June 30 of each year, the Employee may cash out any available balance of Administrative Leave. Any remaining balance will expire on July 1 of each year and will not carry over.
8. Annual Vacation Leave
Deputy Director of Marketing and Economic Development is subject to the rules regarding the accumulation of vacation time and payment for unused vacation time upon separation in the Town Personnel Rules and Policies.
9. Other Leaves and Benefits
Town shall afford Deputy Director of Marketing and Economic Development such other benefits as are provided to other management employees of the Town on the same terms as provided to those employees except as otherwise expressly provided herein.
10. Automobile Allowance
In recognition of the fact that the Deputy Director of Marketing and Economic Development’s normal duties require frequent use of an automobile, Deputy Director of Marketing and Economic Development shall receive $200 per month as an automobile allowance.
11. Residency
Deputy Director of Marketing and Economic Development and Town mutually agree that it is desirable for Deputy Director of Marketing and Economic Development to live within proximity to the Town of Yountville to fully and effectively execute Deputy Director of Marketing and Economic Development’s duties under this Agreement, the Yountville Municipal Code, any applicable job description, and other applicable federal, state, and local law. Deputy Director of Marketing and Economic Development hereby agrees to and shall, for the duration of this Agreement, establish and maintain her primary residence within a 30-minute travel time to and from Yountville Town Hall located at 6550 Yount Street, Yountville, CA 94599.
12. Professional Memberships & Meetings; Other Expenses Town recognizes that certain expenses of a non-personal and job-related nature may be incurred by Deputy Director of Marketing and Economic Development. Town agrees to reimburse Deputy Director of Marketing and Economic Development for reasonable expenses which are authorized by the Town budget, approved of in advance by the Communications Director/Town Clerk, and which are supported by expense receipts, statements, or personal affidavits, and audited in like manner as other demands against the Town.
13. Retirement Program and Deferred Compensation
Town shall provide the same PERS retirement benefits to Deputy Director of Marketing and Economic Development as are received by other employees of the Town who are classified as “PEPRA” employees under PERS. “PEPRA” (i.e., those members joining CalPERS after January 1, 2013; not defined as “Classic” under PEPRA) will receive retirement benefits calculated at a benefit formula of 2.0% at age 62. Town shall match the employee up to 7% of base salary per month into a deferred compensation plan.
14. Annual Performance Evaluation
The Communications Director/Town Clerk and/or Town Manager shall evaluate Deputy Director of Marketing and Economic Development’s performance at least once annually. The Communications Director/Town Clerk and/or Town Manager and Deputy Director of Marketing and Economic Development shall annually develop mutually agreed performance goals and criteria which shall be used in reviewing Deputy Director of Marketing and Economic Development’s performance in the following year. It shall be Deputy Director of Marketing and Economic Development’s responsibility to initiate this review each year.
Deputy Director of Marketing and Economic Development will be afforded an adequate opportunity to discuss each evaluation with the Communications Director/Town Clerk and/or Town Manager.
15. Indemnification
Town shall defend, hold harmless and indemnify Deputy Director of Marketing and Economic Development against any claim, demand, judgment, or action of any type or kind arising within the course and scope of Deputy Director of Marketing and Economic Development’s employment to the extent required by Government Code Sections 825 and 995.
16. Other Terms and Conditions of Employment
A. The Town Manager may from time to time fix other terms and conditions of employment relating to the performance of Deputy Director of Marketing and Economic Development, provided such terms and conditions are not inconsistent with or in conflict with the provision of this Agreement, the Yountville Municipal Code, or other applicable law.
B. The provisions of the Town’s Personnel Rules and Regulations (“Rules”) applicable to other management employees of the Town shall apply to Deputy Director of Marketing and Economic Development, except that if the specific provisions of this Agreement conflict with the Rules, the terms of this Agreement shall prevail. Without limiting the generality of the exception noted in the previous sentence, however, no provision of the Rules or this Agreement shall confer upon Deputy Director of Marketing and Economic Development a property right in her employment or a right to be discharged only upon cause. Deputy Director of Marketing and Economic Development is an at-will employee serving at the pleasure of the Town Manager and may be dismissed at any time with or without cause, subject only to the provisions of this Agreement.
C. Deputy Director of Marketing and Economic Development shall be exempt from paid overtime compensation and from Social Security taxes other than the mandatory Medicare portion of such taxes.
17. Termination
A. Deputy Director of Marketing and Economic Development is not part of the competitive (classified) service and therefore is an at-will employee. As an at-will employee, Deputy Director of Marketing and Economic Development may be terminated with or without cause, and without advance notice.
B. If Deputy Director of Marketing and Economic Development is terminated by the Town Manager without cause, Deputy Director of Marketing and Economic Development, after termination and upon executing a claim waiver and release of liability, will be entitled to three months of severance pay at Deputy Director of Marketing and Economic Development’s base salary rate.
The severance pay will be paid at the time of separation from Town employment.
C. If Deputy Director of Marketing and Economic Development is terminated by the Town Manager for cause, Deputy Director of Marketing and Economic Development is not entitled to any severance pay whether or not advance notice is provided. If Deputy Director of Marketing and Economic Development is terminated for cause, Deputy Director of Marketing and Economic Development must be given notice of the cause and supporting evidence. Deputy Director of Marketing and Economic Development is entitled to meet with the Town Manager at which time Deputy Director of Marketing and Economic Development may reply orally and/or in writing to the cause and supporting evidence. The meeting is not an evidentiary hearing. There is no right to appeal the Town Manager's decision. The Town Manager's decision is final. For purposes of this Agreement, the term “for cause” shall include any of the following:
(i) use of alcohol or drugs that impedes performance of duties; (ii) conviction of a felony or misdemeanor involving moral turpitude (a plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed a conviction for this purpose);
(iii) a proven claim of either sexual harassment or abuse of employees in violation of law or adopted Town policy;
(iv) willful and repeated failure to carry out the lawful directives or policy decisions of the Communications Director/Town Clerk or the Town Manager; or
(v) willful abandonment of the position or continued and unexcused absence from duty.
D. Deputy Director of Marketing and Economic Development may voluntarily terminate employment, by resignation or retirement or some similar other manner, at any time during the term of this Agreement, subject to at least 30 days’ written notice by Deputy Director of Marketing and Economic Development to the Communications Director/Town Clerk, unless the Communications Director/Town Clerk and Deputy Director of Marketing and Economic Development agree otherwise. In such case, Town shall have no further obligation to provide payments and benefits, including severance benefits, upon the effective date of termination of employment, other than payment of accrued vacation leave or other payments required by law.
E. Notwithstanding any other provision of this Section 17 to the contrary, the Town Manager shall not terminate Deputy Director of Marketing and Economic Development without cause for a period of 120 days following his or her appointment as the Town Manager. The purpose of this Subsection 19.E. is to allow a newly-appointed Town Manager sufficient time to observe the actions and abilities of Deputy Director of Marketing and Economic Development in the performance of their duties under this Agreement, any applicable job description, and other applicable federal, state, and local law. After the expiration of the 120-day period, there shall be no limitation on the Town Manager’s ability to terminate Deputy Director of Marketing and Economic Development without cause in accordance with this Agreement. Nothing in this Subsection 19.E. shall limit the authority of the Town Manager to terminate Deputy Director of Marketing and Economic Development for cause, or the authority of Deputy Director of Marketing and Economic Development to voluntarily terminate employment, in accordance with this Agreement.
18. Compliance With Law
This Agreement is subject to all applicable provisions of federal and state law, the provisions of the Yountville Municipal Code, and to any other ordinances, rules, and regulations of the Town applicable to the Deputy Director of Marketing and Economic Development.
19. General Provisions
A. This Agreement constitutes the entire agreement between the parties.
Town and Deputy Director of Marketing and Economic Development hereby acknowledge that they have neither made nor accepted any other promise or obligation with respect to the subject matter of this Agreement.
B. If any provision or any portion of this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of the Agreement shall be deemed severable and shall not be affected and shall remain in full force and effect.
C. Any notice to Town pursuant to this Agreement shall be given in writing, either by personal service or by registered or certified mail, postage prepaid, addressed as follows:
Town Manager
Town of Yountville 6550 Yount Street
Yountville, CA 94599
With a courtesy copy to the Town Attorney at the following address or the address then shown in the records of the Town for the Town Attorney:
Gary B. Bell, Esq. Yountville Town
Attorney 333 University Ave.
Ste 200
Sacramento, CA 95825
Any notice to Deputy Director of Marketing and Economic Development shall be given in a like manner, and, if mailed, shall be addressed to Deputy Director of Marketing and Economic Development at the address then shown in Town’s personnel records. For the purpose of determining compliance with any time limit stated in this Agreement, a notice shall be deemed to have duly given (a) on the date of delivery, if served personally, or (b) on the second calendar day after mailing, if mailed.
D. Venue for any disputes arising from or relating to this Agreement shall lie in the Superior Court for the County of Napa, California. If an action at law or in equity is necessary to enforce or interpret this Agreement, the prevailing party shall be entitled to reasonable and actual attorneys’ fees and costs with respect to the action.
E. A waiver of any of the terms and conditions of this Agreement shall not be construed as a general waiver and either party shall be free to enforce any term or condition of this Agreement with or without notice to the other notwithstanding any prior waiver of that term or condition.
20. Amendments
This represents the entire agreement between the parties. Amendments to this agreement may be made at such times as approved by the Town Manager and Deputy Director of Marketing and Economic Development and shall be in writing.
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.
DEPUTY DIRECTOR OF MARKETING AND ECONOMIC DEVELOPMENT
Dated: _______________________ _____________________________ Beverly Wilmore
Town
Dated: _______________________ _____________________________ Brad Raulston, Town Manager
APPROVED AS TO FORM:
Dated: _______________________ _____________________________ Gary B. Bell, Town Attorney
ATTEST:
Dated: _______________________ _____________________________ Hilary Gaede, Town Clerk