HomeMy WebLinkAboutC35650 - City Manager Employment Agmt Effective 10-3-2016REQUEST:
SUBMITTED BY
DATE:
CONTENTS
Recommendation:
CITY OF PALM DESERT
HUMAN RESOURCES DEPARTMENT
STAFF REPORT
CONTRACT NO. C35650
Approve a City Manager Employment Agreement with Lauri Aylaian
for services as the City of Palm Desert City Manager and appoint
her as City Manager effective October 3, 2016.
Lori Carney, Human Resources Manager
September 8, 2016
Staff report
Employment Agreement (Exhibit A)
By Minute Motion: Approve the City Manager Employment Agreement
(Exhibit A) with Lauri Aylaian for services as the City of Palm Desert City
Manager and appoint her as City Manager effective October 3, 2016.
Strateqic Plan Obiective:
This decision supports the City's commitment to being a regional leader.
As a key participant in the development of the Envision Palm Desert
Strategic Plan, Lauri Aylaian is deeply familiar with the plan, its genesis
and its goals. Her appointment demonstrates the City's continued
commitment to the goals outlined in the plan.
Executive Summarv:
At its August 25, 2016, meeting the Council authorized staff to negotiate
and draft an employment agreement with Lauri Aylaian for services as City
Manager within the terms and conditions approved by the Council and
highlighted as follows:
• $220,000 annual salary;
0 No auto allowance — use of city vehicle as needed;
Staff Report
City Manager Agreement — Lauri Aylaian
September 8, 2016 CONTRACT NO. C35650
Page 2 of 3
• Health, dental, vision, disability and life insurance benefits as
provided to other management employees (disability and life
coverage limited to $200,000 of earnings);
• Vacation accrual, two weeks initial bank, four weeks annually for
the first year, increasing by one (1) day annually (as provided for
other executive management employees); however with a limit on
accrual balance of 320 hours;
• Management leave, three weeks annually, no option to cash out
any portion, "use it or lose" provision;
• Sick leave accrual (96 hours annually) as provided to all
employees; no cash -out;
• Retiree Health — no stipend, enrollment in the RHSP savings plan
with 1 % employee contribution and 1 % employer match;
• Severance equal to four (4) months' salary — not applicable if
terminated for cause.
Backqround:
At its April 28, 2016, meeting the City Council retained Ralph Anderson &
Associates to conduct a nationwide recruitment for a new City Manager. After
receiving nearly 50 applications from across the country, the Council selected
eight semi-finalists for interviews. Following interviews on July 29, the Council
narrowed the field to three finalists who were interviewed on August 24.
At its August 25, 2016 meeting the City Council unanimously selected Lauri
Aylaian as the top candidate and authorized staff to prepare an agreement based
on the agreed upon terms outlined above.
Staff Report
City Manager Agreement — Lauri Aylaian
September 8, 2016 CONTRACT NO. C35650
Page 3of3
Fiscal Analysis:
The FY 16/17 budget was developed based on the prior City Manager's contract.
The proposed contract is valued at approximately $64,000 less than the currently
budgeted amount.
Submitted by:
Lori /rney, uman Resources Manager
JM. Moore, Director of Finance
Approval:
Carthy, Interim Manager
CITY OF PALM DESERT
CITY MANAGER EMPLOYMENT AGREEMENT
This City Manager Employment Agreement ("Agreement") is entered into as of
the 8th day of September (the "Effective Date"), between the City of Palm Desert
(hereinafter referred to as the "City") and Lauri Aylaian (hereinafter referred to as the
"City Manager" or the "Employee"). City and City Manager/Employee are sometimes
referred to in this Agreement as "Party" and collectively as "Parties."
10:1001F.11161
WHEREAS, it is the desire of the City Council of the City to retain the services of
Employee as City Manager pursuant to the provisions of the City of Palm Desert
Municipal Code ("City Code"), and
WHEREAS, it is the desire of the City Council to provide certain benefits,
establish certain conditions of employment and to set certain working conditions of the
City Manager.
NOW, THEREFORE, the above named Parties hereby mutually agree and
promise as follows:
1. Duties, Acceptance of Appointment, Hours of Work, Regional Liaison.
1.1 Duties.
The City Manager shall perform those duties and have those
responsibilities that are commonly assigned to a city manager of a city in California,
and as may be further set forth in the City's Municipal Code. City Manager shall
perform such other legally permissible and proper duties and functions consistent with
the Office of the City Manager, as the City Council shall from time to time assign. It is
expected that City Manager shall abide by the ICMA Code of Ethics. City Manager is
encouraged to participate in community and civic affairs.
1.2 Acceptance of Appointment.
City Manager hereby accepts the appointment as City Manager of the City
of Palm Desert subject to all terms and conditions set forth in this Agreement.
1.3 Hours of Work
It is recognized that City Manager devotes a great deal of time outside the
normal office hours -schedule, and to that end, she shall be allowed to establish an
appropriate work schedule recognizing that the City Manager should endeavor to be
available during regular City Hall hours.
72500.W42HUD 1 %504.2
1.4 Devotion to City Business
The City Manager's position is full-time. City Manager shall not engage
in any business, educational, professional, charitable, or other activities that would
conflict or materially interfere with performance of her City Manager duties, except as
may be specifically authorized by the City Council.
2. Term & Renewal.
This Agreement shalt be deemed effective for an initial term beginning on
October 3, 2016 and continuing through October 2, 2017 ("Initial Term"), unless sooner
terminated or extended by the Parties as set forth in this Agreement.
In the event that the City Council determines that the Employee is not to
be reemployed upon expiration of the Initial Term of this Agreement, she shall be given
written notice thereof by the Council at least thirty (30) days in advance of the
expiration of the Initial Term of this Agreement. Should the written notice provided for
in this Section 2 not be given at least thirty (30) days prior, the Agreement shall be
extended on the same terms for an additional year. Subsequent terms shall have the
same notice and renewal requirements. Failure by the City Council to provide written
notice of intent not to reemploy at least thirty (30) days in advance of expiration shall
result in an additional year -long renewal., Comment fall: netafIs still Mrkg finalized.
3. C1...� .. _'on.
3.1 Salary
City agrees to pay City Manager, and City Manager agrees to accept from
City, as :....ration for services rendered by City Manager pursuant to this
Agreement, an annual base salary, ......... on the Effective Date, in the amount of
Two Hundred Twenty Thousand Dollars ($220,000.00) (hereinafter "Annual Base
Salary"), payable in installment payments in the same manner and at the same times as
salaries of other executive managers of the City are paid.
Commencing in October, 2017 and each year thereafter, said Annual Base
Salary shall be eligible for upward adjustments subject to the same procedures by
which the salaries of other executive managers of City are adjusted for meritorious
performance, except that any such adjustments shall be at the sole discretion of the City
Council.
The term "Annual Base Salary" as used in this Agreement shall also
include any such adjustments approved by the City Council other than payments not
eligible to be added to the City Manager's Annual Base Salary pursuant to the terms of
any applicable salary resolution of City.
7 2500.00428X29194504. 2
3.2 Health and Medical Benefits
Except as provided for otherwise in this Agreement, City Manager shall
be entitled to receive all benefits, including opt -out provisions, provided to other City
executive management employees, as outlined the City's Flexible Benefit Plan.
3.3 Pension
The City agrees to enroll the City Manager as a member of the California
Public Employees Retirement System (Ca1PERS) in accordance with Ca1PERS
regulations. The City Manager shall contribute eight percent (8%) of her salary towards
the "employee" share of the cost of the Ca1PERS retirement benefit.
3.4 Retiree Medical
The City Manager shall participate in the established Retiree Health
Savings Plan (RHSP) for the reimbursement of medical premiums and IRS approved
medical expenses in retirement, at the same level and under the same regulations as
other management employees.
3.3 Life and Long Term Disability Insurance
City Manager shall also be entitled to participate in any group life or
disability insurance programs approved by the City for all employees; however such
coverage shall be limited to the first $200,000.00 of salary.
3.4 Technology Allowance
The City shall pay the City Manager Forty Dollars ($40) per month for
usage of her personal cell phone, computer and computer -related equipment for City
business.
3.5 Other Benefits
In addition, and except as otherwise specified herein, City Manager shall
receive all such other benefits and compensation that are generally applicable to
executive managers of the City as of the date of this Agreement, as the same may be
modified from time to time after the date of this Agreement, including but not limited
to Ca1PERS retirement benefits, long term disability insurance, holidays, administrative
leave, bereavement and family illness leave.
3.6 Sick Leave Benefits
The City Manager shall accrue paid sick leave at the same rate and in the
same manner as other City employees and use of such leave shall be in accordance with
City policy; however she shall not be eligible to cash out accrued sick leave at
separation.
72500.004213 N94504.2
3.7 Vacation Leave Benefits
Upon commencement of employment, the City Manager shall have sole
access to a bank of eighty (80) hours of vacation leave. Additionally, the City Manager
shall accrue one hundred sixty (160) hours of vacation each year, accrued at the rate of
6.15 hours per pay period, subject to a maximum accrual balance of 320 hours. Once the
limit of 320 hours has been reached accrual shall cease until such time as the balance
falls below the maximum.
3.8 Management Leave Bank.
At the beginning of each fiscal year, the City Manager shall have sole
access to a bank of one hundred and twenty (120) hours of administrative leave.
Notwithstanding the fact that the City Manager's employment will begin in the middle
of a fiscal year, City Manager will have access to a bank of eighty (80) hours of
Management Leave upon commencement of employment. City Manager may not cash
out any portion of Management Leave. Any administrative leave not used by the end
of each fiscal year shall not roll over from year to year, but shall be forfeited if not used
4. Performance Evaluation.
The Council shall review the City Manager's joi. j = ance at least once
annually. The City Manager shall remind the Council of its obligations under this
Section each year and shall work with the Council in finding an appropriate time to
place her annual evaluation on the agenda. The Council shall in writing and in
accordance with criteria established by the Council in consultation with the City
Manager, develop the annual performance reviews and evaluations. The Council shall
provide the City Manager a reasonable and adequate opportunity to discuss the City
Manager's evaluation with the Council.
The annual Jr .f ....:..ce reviews and evaluations shall be reasonably
related to the City Manager's written job description and shall be based, in whole or in
part, on goals for the City Manager's performance that are jointly developed and
adopted by the Council and the City Manager.
5. Bonds.
City shall bear the full cost of any fidelity or other bonds required of City
Manager under any law or ordinance.
6. Vehicle.
City agrees to make available a city owned vehicle for her use for City
business as needed. The City shall reimburse the City Manager at the IRS standard
mileage rate For any business use of her personal vehicle.
4
72500.t1042$LN 194504.2
Comment [A2]: Provides 7 weds of toad leave
availability in a given year, but limits the amount
that can be cashed out.
Comment [A3]: DcLuls umkr review for final
language.
7. General Business Expenses
7.1 City agrees to budget and pay for professional dues and
subscriptions for City Manager necessary for her continuation and participation in
national, regional, state and local boards, task -forces, conferences and meetings,
associations and organizations desirable for City Manager's continued participation,
professional growth, and advancement, and for the benefit of the City. At a minimum,
such professional dues shall include participation in the International City/County
Management Association (ICMA) and the California City Managers Foundation.
7.2 City agrees to budget and pay for travel expenses, in accordance
with existing policy, of City Manager for professional and official travel, board and
task -force meetings, conferences, and occasions to adequately continue the professional
development of City Manager and to pursue necessary official functions for City.
7.3 City recognizes that the City Manager may incur expenses of a
non -personal, job -related nature that are reasonably necessary to the City Manager's
service to the City. The City agrees to either pay such expenses in advance or to
reimburse the expenses, so long as the expenses are incurred and submitted in
accordance with the City's normal expenditure reimbursement procedures. To be
eligible for reimbursement, all expenses must be supported by documentation meeting
the City's normal requirements and must be submitted within time limits established by
the City.
7.4 Notwithstanding the above, to the degree the City must make
budget reductions, appropriate reductions in General Business Expenses commensurate
with reductions in other citywide accounts may be made at the sole discretion of the
City Council.
8. Abuse of Office or Position.
Pursuant to Government Code Sections 53243, 53243.1 and 53243.2, if City
Manager is convicted of a crime involving an abuse of her office or position, all of the
following shall apply: (1) if Manager is provided with administrative leave pay
pending an investigation, City Manager shall be required to fully reimburse City such
amounts paid; (2) if City pays for the criminal legal defense of City Manager (which
would be in its sole discretion, as it is generally not obligated to pay for a criminal
defense), City Manager shall be required to fully reimburse City such amounts paid,
and (3) if this Agreement is terminated, any Severance Pay and Severance Benefits
related to the termination that City Manager may receive from City shall be fully
reimbursed to City or void if not yet paid to City Manager. For purposes of this Section,
abuse of office or position means either: (1) an abuse of public authority, including
waste, fraud, and violation of the law under color of authority, or (2) a crime against
public justice, including, but not limited to, a crime described in Title 7 (commencing
with Section 92) of Part 1 of the Penal Code.
5
725UOR)4=9194504I
9. Notices.
Any notice required or permitted by this Agreement shall be in writing
and shall be personally served upon the other Party, or sent by United States Postal
Service, postage prepaid and addressed to the appropriate Party as follow:
If to City: ADDRESS
Attn: Mayor
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
If to City Manager: Lauri Aylaian
City Manager
[Last reported address in personnel file]
Notice shall be deemed given as of the date of personal service or upon the date
of deposit in the course of transmission with the United States Postal Service.
10. Termination.
10.1 At -Will Employee
City Manager shall serve at the will and pleasure of the City Council.
Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
the City Council to suspend from duty, remove from office or otherwise terminate the
services of City Manager at any time, at the sole discretion of the City Council. This
Agreement may be terminated as follows.
10.2 Termination - Council Vote
The City Council may remove the City Manager Without Cause by motion
adopted by the affirmative votes of a majority of the members of the City Council.
Notwithstanding such authority, the City Manager may not be removed within ninety
(90) days before or after the date of a municipal election, or recall of one or more of the
members of the City Council.
10.3 Termination - Change in Form of Government
If any of the governing policies pertaining to the role, power, duties,
authority, or responsibilities of City Manager are amended to substantially change
City's form of government, either by action of the City Council, a duly passed initiative
measure or state legislation, City Manager shall have the right to terminate the
Agreement and receive Severance Pay under Section 10.9.
b
7Z O 1.00428U9194504 2
10.4 Reduction of Salary or Benefits
If the City Council reduces the Annual Base Salary or any other financial
benefit of the City Manager in a percentage that is greater than the average reduction
sustained by all executive managers, without the City Manager's written consent, such
action shall constitute a termination of this Agreement, and City Manager is then
entitled to Severance Pay under Section 10.9.
10.5 Resignation
City Manager may voluntarily resign her position as City Manager, after
giving City at least thirty (30) days written notice prior to the effective date of such
resignation, unless such notice is waived in whole or part by the City Council. In the
event the City Manager resigns from her employment with City, the City Manager shall
not be entitled to any Severance Pay.
10.6 Death.
If, during the term or any extended term, the City Manager dies, the
employment and this Agreement is terminated. The City Manager's estate shall receive
any accrued and owed salary and benefits, but shall not be entitled to any additional
compensation or payment, including but not limited to Severance Pay.
10.7 Disability.
In the event the City Manager is permanently disabled or is otherwise
unable to perform her duties because of sickness, accident, injury, or mental incapacity
for a period of six (6) consecutive months, the City may terminate the City Manager's
employment and this Agreement. City Manager shall be entitled to Disability benefits
as provided by CalPERS and the terms of any Long Term Disability insurance plan, but
not any additional compensation or payment, including Severance Pay.
10.8 Cause
The City Council may remove the City Manager for Cause without any
need for Severance Pay by motion adopted by the affirmative votes of a majority of the
City Council. Cause for purposes of this Agreement shall only mean the following:
(a) Acts in bad faith or gross misconduct to the detriment of the City or to
the City Manager's reputation;
(b) Refusal or failure to act in accordance with any legal requirement or
specific direction or order of the City Council;
(c) Exhibition in regard to her employment unfitness or unavailability for
service, unsatisfactory performance, misconduct, dishonesty, habitual neglect, or
incompetence;
7
72500A142M-19194504.2
(d) Involvement in crime involving dishonesty, breach of trust, or public
conduct reflecting negatively on the City (no pending criminal prosecution need be in
effect for termination due to fraud, embezzlement or public conduct reflecting on the
City; rather the Council must only have a good faith belief based on a good faith
investigation);
(e) Creation of physical or emotional harm to any person; or
(f) Breach of any material term of this Agreement.
Upon any allegation that the City Manager has engaged in conduct that would result in
her termination "for cause" as defined above, she is entitled to address and attempt to
rebut those allegations before the Council in a closed session prior to the Council
making any final determination regarding the veracity of those allegations. In the event
the Council, in its discretion, still finds merit to the allegations and terminates, the
Employee shall not be entitled to any severance and will be owed no further
compensation. u,...._.._=, it this gr-e.,... ent is F_r-.,,in1Sa1 "fca the EmFlcyoo
shall have the right to appeal the "--upiwigs deeisien upon 4.40-ritte-n- Aefir--e te the C-0-i-a-vieg
of such arp--,�,q within ten (10) days of the deter-m—inatiffin. F Hur-e te ffeyide Written
ill rc✓alt in isaiycr of the ri& to aFVcal. Any
arbitrator s`le rwcf1-v *le4c hsar Im'ic
the hoaeing. The City A"
the City Manager- to severance pursuant under this Agreement. Under
hearing. Fallowing the hearing, the hoariN Mica :,hall Yka niit h:-,/hz findings and
derrisien te the Gitf, wNrh shall be final and binding,
10.9 Severance Pay
In the event this Agreement is terminated pursuant to any one of sections
10.2, 10.3, or 10.4 of this Agreement, the City Manager shall receive a severance
payment, in a lump sum, equal to four (4) months of City Manager's �hen monthly Base
Salary or, if lesser, an amount equal to the Annual Base Salary remaining on the
unexpired term of the contract ("Severance Pay"). 0 ch severance payment shall be her
sole remedy for termination under sections 10.2, 10.3, or 10.4 of this Agreement. The
Severance Pay shall be paid after the City Manager executes a waiver and release
agreement prepared by the City Attorney in a form substantially similar to that one set
forth as Exhibit "A" to this Agreement.
Notwithstanding the foregoing, if the City Manager is terminated for
Cause, pursuant to Section 10.8 of this Agreement, then City Manager shall not be
eligible for Severance Pay.
72500.00428VI9194504-2
{ Comment [A4]: Derails of language still being 1
{ finalized J
11. General Provisions.
11.1 This writing constitutes the entire agreement between the parties
with respect to the subject matter hereof, and supersedes all prior oral or written
representations or written agreements on the subject matter hereof, which may have
been entered into between the parties. No modification or revision to this Agreement
shall be of any force or effect, unless the same is in writing and executed by the Parties
hereto.
11.2 Each Party agrees and acknowledges that no representations,
inducements, promises, or agreements, orally or otherwise, have been made by any
party, or anyone acting on behalf of any Party, which are not embodied herein and that
any agreement, statement, or promise not contained in this Agreement shall not be
valid or binding on either Party.
11.3 If any provision, or portion thereof, contained in the Agreement is
held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or
portion thereof, shall be deemed severable, shall not be affected and shall remain in full
force and effect.
11.4 This Agreement shall be governed by and construed in accordance
with the law of the State of California. Venue shall be in Riverside County.
11.5 This Agreement shall be construed as a whole, according to its fair
meaning, and not in favor or against any Party. By way of example and not in
limitation, this Agreement shall not be construed in favor of the party receiving a
benefit or against the Party responsible for any particular language in this Agreement.
11.6 City Manager acknowledges that she has had an opportunity to
consult legal counsel in regard to this Agreement, that she has read and understands
this Agreement, that she is fully aware of its legal effect, and that she has entered into it
freely and voluntarily and based on her own judgment and not on any representations
or promises other than those contained in this Agreement.
11.7 In any dispute arising out of this Agreement, the prevailing party
shall recover its reasonable attorneys' fees and costs.
12. Other Terms and Conditions of Employment
The City, only upon agreement with City Manager, shall fix any such
other terms and conditions of employment, as it may determine from time to time,
relating to the performance of the City Manager, provided such terms and conditions
are not inconsistent with or in conflict with the provisions of this Agreement, the City
Code, or any other law, ordinance or City Resolution.
Except as otherwise provided in this Agreement, City Manager shall be
entitled to the highest level of benefits that are enjoyed by other executive department
9
72500-0042812919450#1
heads of the City as provided in the Municipal Code, Personnel Rules and regulations,
or by practice.
The City shall exempt the City Manager from the Residency Requirement
contained in Section 2.04.020 of the Palm Desert Municipal Code.
13. Indemnification
13.1 City shall defend, hold harmless and indemnify City Manager
against any tort, professional liability claim or demand or other legal action, whether
groundless or otherwise, arising out of any alleged act or omission occurring in the
performance of City Manager's duties or resulting from the exercise of her judgment or
discretion in connection with the performance of her duties, unless the act or omission
involved unlawful conduct. City shall not unreasonably refuse to provide for legal
representation at City's expense. Legal representation, provided by City for City
Manager, shall extend until a final determination of the legal action including any and
all losses, damages, judgment, interests, settlements, fines, court costs, and the
reasonable costs and expenses of legal proceedings, including appeals, and including
attorneys' fees, and expert witness fees and all other trial and appellate costs, and other
liabilities incurred, imposed upon, or suffered by such City Manager in connection with
or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out
of or in connection with the performance of City Manager's duties.
13.2 City agrees to pay all reasonable litigation expenses of City
Manager throughout pendency of any City -related litigation to which City Manager is a
party, witness or advisor to the City. Such expense payments shall continue beyond
City Manager's employment with the City as long as litigation is pending. Post -
employment, City agrees to pay City Manager for reasonable consulting fees, travel
expenses and other costs, when City Manager serves as a witness, advisor or consultant
to City regarding pending litigation.
[SIGNATURES ON FOLLOWING PAGE]
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72500-0042HU9194504.2
IN WITNESS WHEREOF, the parties have executed this City Manager
Employment Agreement on the day of 2016.
EMPLOYEEICITY MANAGER
Lauri Aylaian, City Manager
Robert Spiegel, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
72500.004 W29144504.2
Exhibit "A"
GENERAL WAIVERS AND RELEASES
I, the undersigned, do hereby acknowledge and attest that I have read and
understood Section 10.9 of my Employment Agreement with the City of Palm Desert
and hereby agree that by accepting Severance Pay in the amount of four (4) months' or,
if lesser, an amount equal to the Annual Base Salary remaining on the unexpired term
of the Agreement, I agree to waive all rights to further claims, remedies, or legal action
against the City, its officers and employees.
In exchange for receipt of the Severance Pay, and all other salary and benefits
owing, I and my representatives, heirs, successors, and assigns do hereby completely
release and forever discharge the City of Palm Desert and its related entities and their
present and former officers, directors, council members, agents, employees, attorneys,
and successors (collectively, "Released Parties") from all claims, rights, demands,
actions, obligations, liabilities, and causes of action of every kind and character, known
or unknown, mature or unmatured, which I may have now or in the future arising from
any act or omission or condition occurring on or prior to the date this General Waivers
and Releases is signed whether based on tort, contract (express or implied), or any
federal, state, or local law, statute, or regulation (collectively, the "Released Claims").
Released Claims shall also include, but not be limited to, claims for wages or other
compensation due, severance pay, bonuses, sick leave, vacation pay, life or health
insurance, or any other Fringe benefit.
City Manager knowingly and voluntarily waives any and all rights or benefits
that she may now have, or in the future may have, under the terms of Section 1542 of
the California Civil Code, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR.
City Manager acknowledges that she has read and understands this
waiver and voluntarily and knowingly is waiving her right under
Section 1542 to pursue unknown or unanticipated claims, rights,
demands, actions, obligations, liabilities, and causes of action of
any kind.
725WO04=9194504.2 A-]
Unless otherwise required by law, City Manager shall not file any claim, sue or
initiate an action against any Released Party or participate in any compliance review,
action, or proceeding, individually or as a member of a class, under any contract
(express or implied), or any federal, state, or local law, statute, or regulation pertaining
in any manner to the Released Claims.
Approved and Agreed to By:
Lauri Aylaian
CITY OF PALM DESERT
Mayor
ATTEST:
City Clerk
72500.00421312 INS04.2 A-2
CITY OF PALM DESERT
CITY MANAGER EMPLOYMENT AGREEMENT
This City Manager Employment Agreement ("Agreement") is entered into as of
the 81h day of September (the "Effective Date"), between the City of Palm Desert
(hereinafter referred to as the "City") and Lauri Aylaian (hereinafter referred to as the
"City Manager" or the "Employee"). City and City Manager/Employee are sometimes
referred to in this Agreement as "Party" and collectively as "Parties."
RECITALS
WHEREAS, it is the desire of the City Council of the City to retain the services of
Employee as City Manager pursuant to the provisions of the City of Palm Desert
Municipal Code ("City Code"), and
WHEREAS, it is the desire of the City Council to provide certain benefits,
establish certain conditions of employment and to set certain working conditions of the
City Manager.
NOW, THEREFORE, the above named Parties hereby mutually agree and
promise as follows:
1. Duties, Acceptance of Appointment, Hours of Work, Regional Liaison.
Ll Duties.
The City Manager shall perform those duties and have those
responsibilities that are commonly assigned to a city manager of a city in California,
and as may be further set forth in the City's Municipal Code. City Manager shall
perform such other legally permissible and proper duties and functions consistent with
the Office of the City Manager, as the City Council shall from time to time assign. It is
expected that City Manager shall abide by the ICMA Code of Ethics. City Manager is
encouraged to participate in community and civic affairs.
1.2 Acceptance of Appointment.
City Manager hereby accepts the appointment as City Manager of the City
of Palm Desert subject to all terms and conditions set forth in this Agreement.
1.3 Hours of Work
It is recognized that City Manager devotes a great deal of time outside the
normal office hours -schedule, and to that end, she shall be allowed to establish an
appropriate work schedule recognizing that the City Manager should endeavor to be
available during regular City Hall hours.
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1.4 Devotion to City Business
The City Manager's position is full-time. City Manager shall not engage
in any business, educational, professional, charitable, or other activities that would
conflict or materially interfere with performance of her City Manager duties, except as
may be specifically authorized by the City Council.
2. Term & Renewal.
This Agreement shall be deemed effective for an initial term beginning on
October 3, 2016 and continuing through October 2, 2019 ("Initial Term"), unless sooner
terminated or extended by the Parties as set forth in this Agreement.
In the event that the City Council determines that the Employee is not to
be reemployed upon expiration of the Initial Term of this Agreement, she shall be given
written notice thereof by the Council at least thirty (30) days in advance of the
expiration of the Initial Term of this Agreement. Should the written notice provided for
in this Section 2 not be given at least thirty (30) days prior, the Agreement shall be
extended on the same terms for an additional year. Subsequent terms shall have the
same notice and renewal requirements. Failure by the City Council to provide written
notice of intent not to reemploy at least thirty (30) days in advance of expiration shall
result in an additional year -long renewal.
3. Compensation.
3.1 Salary
City agrees to pay City Manager, and City Manager agrees to accept from
City, as compensation for services rendered by City Manager pursuant to this
Agreement, an annual base salary, commencing on the October 3, in the amount of Two
Hundred Twenty Thousand Dollars ($220,000.00) (hereinafter "Annual Base Salary"),
payable in installment payments in the same manner and at the same times as salaries
of other executive managers of the City are paid.
Commencing October 2, 2017 and each year thereafter, said Annual Base
Salary shall be eligible for upward adjustments subject to the same procedures by
which the salaries of other executive managers of City are adjusted for meritorious
performance, except that any such adjustments shall be at the sole discretion of the City
Council.
The term "Annual Base Salary" as used in this Agreement shall also
include any cost of living adjustments such adjustme approved by the City Council
for other management emplovees. e#hen th .n paymcnt
wit 11I en egg' nxint I.-- the teffos of any applicable sal-,-,
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3.2 Health and Medical Benefits
Except as provided for otherwise in this Agreement, City Manager shall
be entitled to receive all benefits, including opt -out provisions, provided to other City
executive management employees, as outlined the City's Flexible Benefit Plan.
3.3 Pension
The City agrees to enroll the City Manager as a member of the California
Public Employees Retirement System (Ca1PERS) in accordance with CaIPERS
regulations. The City Manager shall contribute eight percent (8%) of her salary towards
the "employee" share of the cost of the Ca1PERS retirement benefit.
3.4 Retiree Medical
The City Manager shall participate in the established Retiree Health
Savings Plan (RHSP) for the reimbursement of medical premiums and IRS approved
medical expenses in retirement, at the same level and under the same regulations as
other management employees hired after December 31, 2014.
3.3 Life and Long Term Disability insurance
City Manager shall also be entitled to participate in any group life or
disability insurance programs approved by the City for all employees; however such
coverage shall be limited to the first $200,000.00 of salary.
3.4 Technology Allowance
The City shall pay the City Manager Forty Dollars ($40) per month for
usage of her personal cell phone, computer and computer -related equipment for City
business. City shall also provide Citv Manger a lavtov computer or similar device with
necessary software for business use of City Manatrer to perform her duties and to
maintain communication with CitVs staff and officials as well as other individuals
doine business with the Citv. Upon termination of Citv Manner's emvlovment, the
tQ�gpment described herein, except Citv Manager's personal cell phone, shall he
returned to the City.
3.5 Other Benefits
In addition, and except as otherwise specified herein, City Manager shall
receive all such other benefits and compensation that are generally applicable to
executive managers of the City as of the date of this Agreement, as the same may be
modified from time to time after the date of this Agreement, including but not limited
to CaIPERS retirement benefits, long term disability insurance, holidays, administrative
leave, bereavement and family illness leave.
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3.6 Sick Leave Benefits
The City Manager shall accrue paid sick leave at the same rate and in the
same manner as other City employees and use of such leave shall be in accordance with
City policy; however she shall not be eligible to cash out accrued sick leave at
separation.
3.7 Vacation Leave Benefits
Upon commencement of employment, the City Manager shall have sole
access to a bank of eighty (80) hours of vacation leave. Additionally, the City Manager
shall accrue one hundred sixty (160) hours of vacation each year, accrued at the rate of
6.15 hours per pay period, subject to a maximum accrual balance of 320 hours. Once the
limit of 320 hours has been reached accrual shall cease until such time as the balance
falls below the maximum.
3.8 Management Leave Bank.
At the beginning of each fiscal year, effective July 1, the City Manager
shall have sole access to a bank of one hundred and twenty (120) hours of management
leave. Notwithstanding the fact that the City Manager's employment will begin in the
middle of a fiscal year, City Manager will have access to a bank of eighty (80) hours of
Management Leave upon commencement of employment. City Manager may not cash
out any portion of Management Leave. Any management leave not used by the end of
each fiscal year shall not roll over from year to year, but shall be forfeited if not used.
4. Performance Evaluation.
The Council shall review the City Manager's job performance at least once
annually. The City Manager shall remind the Council of its obligations under this
Section each year and shall work with the Council in finding an appropriate time to
place her annual evaluation on the agenda. The Council shall in writing and in
accordance with criteria established by the Council in consultation with the City
Manager, develop the annual performance reviews and evaluations. The Council shall
provide the City Manager a reasonable and adequate opportunity to discuss the City
Manager's evaluation with the Council.
The annual performance reviews and evaluations shall be reasonably
related to the City Manager's written job description and shall be based, in whole or in
part, on goals for the City Manager's performance that are jointly developed and
adopted by the Council and the City Manager.
5. Bonds.
City shall bear the full cost of any fidelity or other bonds required of City
Manager under any law or ordinance.
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6. Vehicle.
City agrees to make available a city owned vehicle for her use for City
business as needed. The City shall reimburse the City Manager at the IRS standard
mileage rate for any business use of her personal vehicle.
General Business Expenses
7.1 City agrees to budget and pay for professional dues and
subscriptions for City Manager necessary for her continuation and participation in
national, regional, state and local boards, task -forces, conferences and meetings,
associations and organizations desirable for City Manager's continued participation,
professional growth, and advancement, and for the benefit of the City. At a minimum,
such professional dues shall include participation in the International City/County
Management Association (ICMA) and the California City Managers Foundation.
7.2 City agrees to budget and pay for travel expenses, in accordance
with existing policy, of City Manager for professional and official travel, board and
task -force meetings, conferences, and occasions to adequately continue the professional
development of City Manager and to pursue necessary official functions for City.
7.3 City recognizes that the City Manager may incur expenses of a
non -personal, job -related nature that are reasonably necessary to the City Manager's
service to the City. The City agrees to either pay such expenses in advance or to
reimburse the expenses, so long as the expenses are incurred and submitted in
accordance with the City's normal expenditure reimbursement procedures. To be
eligible for reimbursement, all expenses must be supported by documentation meeting
the City's normal requirements and must be submitted within time limits established by
the City.
7.4 Notwithstanding the above, to the degree the City must make
budget reductions, appropriate reductions in General Business Expenses commensurate
with reductions in other citywide accounts may be made at the sole discretion of the
City Council.
8. Abuse of Office or Position.
Pursuant to Government Code Sections 53243, 53243.1 and 53243.2, if City
Manager is convicted of a crime involving an abuse of her office or position, all of the
following shall apply: (1) if Manager is provided with administrative leave pay
pending an investigation, City Manager shall be required to fully reimburse City such
amounts paid; (2) if City pays for the criminal legal defense of City Manager (which
would be in its sole discretion, as it is generally not obligated to pay for a criminal
defense), City Manager shall be required to fully reimburse City such amounts paid;
and (3) if this Agreement is terminated, any Severance Pay and Severance Benefits
related to the termination that City Manager may receive from City shall be fully
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reimbursed to City or void if not yet paid to City Manager. For purposes of this Section,
abuse of office or position means either: (1) an abuse of public authority, including
waste, fraud, and violation of the law under color of authority; or (2) a crime against
public justice, including, but not limited to, a crime described in Title 7 (commencing
with Section 92) of Part 1 of the Penal Code.
9. Notices.
Any notice required or permitted by this Agreement shall be in writing
and shall be personally served upon the other Party, or sent by United States Postal
Service, postage prepaid and addressed to the appropriate Party as follow:
If to City: ADDRESS
Attn: Mayor
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
If to City Manager: Lauri Aylaian
City Manager
[Last reported address in personnel file]
Notice shall be deemed given as of the date of personal service or upon the date
of deposit in the course of transmission with the United States Postal Service.
10. Termination.
10.1 At -Will Employee
City Manager shall serve at the will and pleasure of the City Council.
Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
the City Council to suspend from duty, remove from office or otherwise terminate the
services of City Manager at any time, at the sole discretion of the City Council. This
Agreement may be terminated as follows.
10.2 Termination - Council Vote
The City Council may remove the City Manager Without Cause by motion
adopted by the affirmative votes of a majority of the members of the City Council.
Notwithstanding such authority, the City Manager may not be removed within ninety
(90) days before or after the date of a municipal election, or recall of one or more of the
members of the City Council.
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10.3 Termination - Change in Form of Government
If any of the governing policies pertaining to the role, power, duties,
authority, or responsibilities of City Manager are amended to substantially change
City's Form of government, either by action of the City Council, a duly passed initiative
measure or state legislation, City Manager shall have the right to terminate the
Agreement and receive Severance Pay under Section 10.9.
10.4 Reduction of Salary or Benefits
If the City Council reducesany ether financial
benefit of the City Manager in a percentage that is greater than the average reduction
sustained by all executive managers, without the City Manager's written consent, such
action shall constitute a termination of this Agreement, at City Manager'soption, and
City Manager is then entitled to Severance Pay under Section 10.9.
10.5 Resignation
City Manager may voluntarily resign her position as City Manager, after
giving City at least thirty (30) days written notice prior to the effective date of such
resignation, unless such notice is waived in whole or part by the City Council. In the
event the City Manager resigns from her employment with City, the City Manager shall
not be entitled to any Severance Pay.
10.6 Death.
If, during the term or any extended term, the City Manager dies, the
employment and this Agreement is terminated. The City Manager's estate shall receive
any accrued and owed salary and benefits, but shall not be entitled to any additional
compensation or payment, including but not limited to Severance Pay.
10.7 Disability.
In the event the City Manager is permanently disabled or is otherwise
unable to perform her duties because of sickness, accident, injury, or mental incapacity
for a period of six (6) consecutive months, the City may terminate the City Manager's
employment and this Agreement. City Manager shall be entitled to Disability benefits
as provided by CAPERS and the terms of any Long Term Disability insurance plan, but
not any additional compensation or payment, including Severance Pay.
10.8 Cause
The City Council may remove the City Manager for Cause without any
need for Severance Pay by motion adopted by the affirmative votes of a majority of the
City Council. Cause for purposes of this Agreement shall only mean the following:
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(a) Acts in h-Ad With or dross misconduct to the detriment of the City or
to the City Manager's reputation;
(b) Unreasonable Rrefusal or failure to make zood faith effort to comply
with art i legal requirement, e-r-specific direction, or order of the
City Council;
(c)
__� Gross or willful unsatisfactory performance, misconduct, dishonesty, habitual
neglect, or incompetence;
(d) Involvement in crime involving dishonesty, breach of trust, or public
conduct reflecting negatively on the City (no pending criminal prosecution need be in
effect for termination due to fraud, embezzlement or public conduct reflecting on the
City; rather the Council must only have a good faith belief based on a good faith
investigation);
(e) Violation of any
written policies adopted by the City Council adopted pel ide,; or
(f) Breach of any material term of this Agreement,_ fter thirty notice and
oonortunity to cure.
Upon any allegation that the City Manager has engaged in conduct that would result in
her termination "for cause" as defined above, she is entitled to address and attempt to
rebut those allegations before the Council in an oven or closed session, at Citv
Manager's option, prior to the Council making any final determination regarding the
veracity of those allegations. In the event the Council, in its discretion, still finds merit
to the allegations and terminates, the Employee shall not be entitled to any severance
and will be owed no further compensation.
10.9 Severance Pay
In the event this Agreement is terminated pursuant to any one of sections
10.2, 10.3, or 10.4 of this Agreement, the City Manager shall receive a severance
payment, in a lump sum, equal to four (4) months of City Manager's then monthly Base
Salary or, if lesser, an amount equal to the Annual Base Salary remaining on the
unexpired term of the contract ("Severance Pay"). Such severance payment shall be her
sole remedy for termination under sections 10.2, 10.3, or 10.4 of this Agreement. The
Severance Pay shall be paid after the City Manager executes a waiver and release
agreement prepared by the City Attorney in a form substantially similar to that one set
forth as Exhibit "A" to this Agreement.
Notwithstanding the foregoing, if the City Manager is terminated for
Cause, pursuant to Section 10.8 of this Agreement, then City Manager shall not be
eligible for Severance Pay.
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11. General Provisions.
11.1 This writing constitutes the entire agreement between the parties
with respect to the subject matter hereof, and supersedes all prior oral or written
representations or written agreements on the subject matter hereof, which may have
been entered into between the parties. No modification or revision to this Agreement
shall be of any force or effect, unless the same is in writing and executed by the Parties
hereto.
11.2 Each Party agrees and acknowledges that no representations,
inducements, promises, or agreements, orally or otherwise, have been made by any
party, or anyone acting on behalf of any Party, which are not embodied herein and that
any agreement, statement, or promise not contained in this Agreement shall not be
valid or binding on either Party.
11.3 If any provision, or portion thereof, contained in the Agreement is
held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or
portion thereof, shall be deemed severable, shall not be affected and shall remain in full
force and effect.
11.4 This Agreement shall be governed by and construed in accordance
with the law of the State of California. Venue shall be in Riverside County.
11.5 This Agreement shall be construed as a whole, according to its fair
meaning, and not in favor or against any Party. By way of example and not in
limitation, this Agreement shall not be construed in favor of the party receiving a
benefit or against the Party responsible for any particular language in this Agreement.
11.6 City Manager acknowledges that she has had an opportunity to
consult legal counsel in regard to this Agreement, that she has read and understands
this Agreement, that she is fully aware of its legal effect, and that she has entered into it
freely and voluntarily and based on her own judgment and not on any representations
or promises other than those contained in this Agreement.
11.7 In any dispute arising out of this Agreement, the prevailing party
shall recover its reasonable attorneys' fees and costs.
12. Other Terns and Conditions of Employment
The City, only upon agreement with City Manager, shall fix any such
other terms and conditions of employment, as it may determine from time to time,
relating to the performance of the City Manager, provided such terms and conditions
are not inconsistent with or in conflict with the provisions of this Agreement, the City
Code, or any other law, ordinance or City Resolution.
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The City and City Manaizer acknowledge that certain_orovisions of this
AA rreement are inconsistent with the current City Code, Pursuant to Municipal Code
Section 2,04.280, the City Code shall ore►.ail in the event of to the ext nt 4x and
inconsistency. The Parties further acknowledee that the City Council intends to
consider modifvinlz the City Code: in manners that may, or may not, be consistent with
this Agreement. In the event of any such modification, the modified City Code shall
prevail. To the extent that any such modifications materially_change the aereed-upon
conditions of employment as reflected in this Aereement, to the determinant of the City
Manager, -the City Manager shall have the option to terminate this Agreement and
receive Severance Pay under Section 10.9.
Except as otherwise provided in this Agreement, City Manager shall be
entitled to the highest level of benefits that are enjoyed by other executive department
heads of the City as provided in the Municipal Code, Personnel Rules and regulations,
or by practice.
The City shall exempt the City Manager from the Residency Requirement
contained in Section 2.04.020 of the Palm Desert Municipal Code.
13. Indemnification
13.1 City shall defend, hold harmless and indemnify City Manager
against any tort, professional liability claim or demand or other legal action, whether
groundless or otherwise, arising out of any alleged act or omission occurring in the
performance of City Manager's duties or resulting from the exercise of her judgment or
discretion in connection with the performance of her duties, unless the act or omission
involved unlawful conduct. City shall not unreasonably refuse to provide for legal
representation at City's expense. Legal representation, provided by City for City
Manager, shall extend until a final determination of the legal action including any and
all losses, damages, judgment, interests, settlements, fines, court costs, and the
reasonable costs and expenses of legal proceedings, including appeals, and including
attorneys' fees, and expert witness fees and all other trial and appellate costs, and other
liabilities incurred, imposed upon, or suffered by such City Manager in connection with
or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out
of or in connection with the performance of City Manager's duties.
13.2 City agrees to pay all reasonable litigation expenses of City
Manager throughout pendency of any City -related litigation to which City Manager is a
party, witness or advisor to the City. Such expense payments shall continue beyond
City Manager's employment with the City as long as litigation is pending. Post -
employment, City agrees to pay City Manager for reasonable consulting fees, travel
expenses and other costs, when City Manager serves as a witness, advisor or consultant _
to City regarding pending litigation. ( For WUmd: xxmprraik4tem
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II
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IN WITNESS WHEREOF, the parties have executed this City Manager
Employment Agreement on the day of 2016.
EMPLOYEE/CITY MANAGER
Lauri Aylaian, City Manager
CITY OF PALM DESERT
Robert Spiegel, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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Exhibit "A"
GENERAL WAIVERS AND RELEASES
I, the undersigned, do hereby acknowledge and attest that I have read and
understood Section 10.9 of my Employment Agreement with the City of Palm Desert
and hereby agree that by accepting Severance Pay in the amount of four (4) months' or,
if lesser, an amount equal to the Annual Base Salary remaining on the unexpired term
of the Agreement, I agree to waive all rights to further claims, remedies, or legal action
against the City, its officers and employees.
In exchange for receipt of the Severance Pay, and all other salary and benefits
owing, I and my representatives, heirs, successors, and assigns do hereby completely
release and forever discharge the City of Palm Desert and its related entities and their
present and former officers, directors, council members, agents, employees, attorneys,
and successors (collectively, "Released Parties") from all claims, rights, demands,
actions, obligations, liabilities, and causes of action of every kind and character, known
or unknown, mature or unmatured, which I may have now or in the future arising from
any act or omission or condition occurring on or prior to the date this General Waivers
and Releases is signed whether based on tort, contract (express or implied), or any
federal, state, or local law, statute, or regulation (collectively, the "Released Claims").
Released Claims shall also include, but not be limited to, claims for wages or other
compensation due, severance pay, bonuses, sick leave, vacation pay, life or health
insurance, or any other fringe benefit.
City Manager knowingly and voluntarily waives any and all rights or benefits
that she may now have, or in the future may have, under the terms of Section 1542 of
the California Civil Code, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HEN OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR.
City Manager acknowledges that she has read and understands this
waiver and voluntarily and knowingly is waiving her right under
Section 1542 to pursue unknown or unanticipated claims, rights,
demands, actions, obligations, liabilities, and causes of action of
any kind.
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Unless otherwise required by law, City Manager shall not file any claim, sue or
initiate an action against any Released Party or participate in any compliance review,
action, or proceeding, individually or as a member of a class, under any contract
(express or implied), or any federal, state, or local law, statute, or regulation pertaining
in any manner to the Released Claims.
Approved and Agreed to By:
Lauri Aylaian
CITY OF PALM DESERT
Mayor
Mill 0r06119
City Clerk
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FiRAIIW611fi
Comparison of City Manager Contract Costs
(Major terms and benefits)
John Wohlmuth
Lauri Aylaian
salary
$248,906.11
$220,000.00
m
Health
$21,324.00
$1 $00.DD
Auto
$6,000.00
$0.00
E
Pension Costs
$83,632.45
$73,920.00
c°�
Total
$359,862.56
$295,720.00
Terms
6 months + 90 days notice
4 months + 30 days notice
Severance Pay
$124,453.06
$73,333.33
aj
Notice
$62,226.53
$18,333.33
Vacation Max
Annual *3
320 hours
Vacation*
$54,567.88
$33,846.15
in
Sick Leave
$44,515.90
$0.00
Total
$285,763.36
$125,512.82
*Wohlmuth's contract provided for a maximum vacation accrual of 3XAnnual accrual, however
this would change each year, the dollar amount here represented his actual accrual at
seperation.
Prepared by Carney, Lori 9/7/2016 Page 1