HomeMy WebLinkAboutM2011-069 - 03/22/2011MOTION 03/22/2011
13. Motion appointing Ronald L. Olson as City Manager of Corpus Christi effective
May 2, 2011 and authorizing an employment contract as negotiated and agreed
to by the City Council and Mr. Olson.
ATTEST:
Armando Chapa, City Secretary
<� a
Joe Ad e, Mayor
City of Corpus Christi
M2011 -069
.F INDEXED
EMPLOYMENT AGREEMENT FOR CITY MANAGER
OF THE CITY OF CORPUS CHRISTI
This Employment Agreement ( "Agreement "), made and entered into this + of March 2011
( "Effective Date "), by and between the City of Corpus Christi ( "City "), a municipal corporation,
(hereinafter called "Employer ") and Ron Olson, (hereinafter called "Employee "), both of whom
agree as follows:
Section 1: Terre.
1.01. This Agreement shall remain in full force and effect from the Effective Date until
terminated by the Employer (acting by and through its City Council) or Employee as provided in
Sections 9, 10 or 11 of this Agreement.
Section 2: Duties and Authority.
2.01. Employer agrees to employ Employee as City Manager, which position shall be the chief
administrative and executive officer of the City, and Employee agrees to perform the functions
and duties specified in Article III of the Charter of the City of Corpus Christi attached hereto as
EXHIBIT A (ARTICLE III) and other legally permissible and proper duties of the position of the
City Manager, including those lawfully directed by the City Council, and to perform such duties
in accordance with and subject to the City of Corpus Christi Code of Ordinances, the laws of the
State of Texas and the laws of the United States.
2.02. The Employee further agrees to be bound by the Corpus Christi Code of Ethics and the
Code of Ethics with Guidelines of the International City /County Management Association, as
may be amended from time to time. A copy of the Code of Ethics is attached hereto as EXHIBIT
A (ICMA CODE OF ETHICS WITH GUIDELINES).
2.03. Texas law shall govern any conflict between the ICMA Code of Ethics and this Agreement.
To the extent a conflict arises, the terms of this Agreement shall control.
Section 3: Compensation.
3.01. Base Salary: The Employee shall be paid Seven Thousand Six Hundred and Fifteen Dollars
and 38/100 ($7,615.38) every two weeks (or the equivalent of an annualized salary of
$198,000.00) or at such intervals as other management employees of the City are paid.
3.02. Performance Bonus. In addition to the Base Salary set forth herein, the Employee shall
be eligible to receive a bonus, as determined in the sole discretion of the Employer, based on
his successful completion of specified goals established by the City Council.
3.03. The Employer agrees to consider an increase in the compensation of the Employee
dependent upon the results of the performance evaluation conducted under the provisions of
Section 12 of this Agreement. Increased compensation can be in the form of a salary increase
and /or a bonus, at the Employer's discretion.
3.04. This Agreement shall be automatically amended to reflect any salary adjustments that
are provided.
3.05. Deferred Compensation. The City shall provide the Employee with annual deferred
compensation in the maximum amount allowable under the IRS regulations, in effect and as
amended, and otherwise consistent with HR 17.0 (DEFERRED COMPENSATION — DRAG -UP PAY
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UPON TERMINATION OR RETIREMENT), a true and correct copy of which is attached hereto as
EXHIBIT C
Section 4: Health, disability and Life Insurance Benefits.
4.01. The Employee shall be eligible for all employee benefits made available to City
employees, as shown by EXHIBIT D (LIST OF EMPLOYEE BENEFITS, AS AMENDED BY THIS
AGREEMENT) attached hereto, subject to amendment by Employer from time to time, and on
the same terms as other City employees, unless otherwise stated herein.
4.02. Health Insurance. The Employee shall have the right to select the health insurance plan
of his choice from those available to City employees. The Employer agrees to provide and to
pay the premiums for such health insurance plan for the Employee and his dependents or, in
the event such plan is terminated, to provide near - equivalent coverage for the Employee and
his dependents.
4.03. Annual Physical. The Employee may elect to submit once per calendar year to a physical
examination paid for by the City, as described in HR 210, attached hereto as EXHIBIT E (HR 23.0
—Executive Physical Examinations).
4.04. Dental Insurance. The Employee shall have the right to select the dental insurance plan
of his choice from those available to City employees. The Employer agrees to reimburse
Employee for the cost of the premiums for such dental insurance plan for the Employee and his
dependents.
4.05. Term Life Insurance. The Employer agrees to put into force and mare available to
Employee term life insurance for the Employee, on the same basis as provided for other City
management employees. The Employee shall pay the premiums at the same rate as other City
employees. The Employee shall name the beneficiary of the life insurance policy,
4.06. Disability Insurance. The Employer agrees to put into force and to make available to
Employee short -term and long -term disability insurance coverage for the Employee, on the
same basis as provided for other City employees. The Employee shall have the right to select
the disability insurance plan of his choice from those available to City employees. The
Employee shall pay the premiums at the same rate as other City management employees.
Section 5: Vacation, Sick, and Military Leave.
5,01, To the extent that the benefits provided herein conflict with the Employer's Benefit Plan,
the terms herein control.
5.02 Upon commencing employment, the Employee shall be credited with 26 years of service
for purposes of establishing the level of his eligibility for sick and vacation leave or the current
equivalent of 200 hours annually. The Employee shall then accrue sick and vacation leave on
the same basis as other City employees.
5.03. Upon commencing employment, the Employee shall have access to a bank of 10 sick days
to be used in the case of serious medical conditions. This leave can only be used to provide
coverage during the waiting period between the onset of illness or disability and the point at
which short or long term disability coverage takes effect and may be renewed after each
occurrence.
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5.04, Employer agrees to grant Employee an exception to the Employer's Benefit Plan and
hereby grants Employee access to a bank of 10 vacation days upon the commencement of
employment.
5.05. The Employee is entitled to accrue leave and to be compensated for ail accrued leave, on
the same basis as other similarly situated City employees, in accordance with Employer's policy
in effect at the time, unless such right is expressly negated by the terms of this Agreement.
5.06. The Employee shall be entitled to military reserve leave time pursuant to the provisions
of Employer's policy, and consistent with state law and federal law.
5.07. For purposes of this Agreement, the Employee shall be deemed to be a "key employee"
as defined by the Family Medical Leave Act ("FMLA"), and shall be afforded all rights and
protections afforded by the FMLA, any amendments thereto, and the case law and regulations
interpreting FMLA.
Section 6: Monthly Vehicle Allowance.
6.01. The Employer agrees to pay to the Employee, during the term of this Agreement and in
addition to other salary and benefits herein provided, the sum of Six Hundred Dollars and
No /Cents ($600.00) monthly, as a vehicle allowance to be used to purchase, lease, or own,
operate and maintain a vehicle.
6.02. The Employee shall be responsible for paying for liability, property damage, and
comprehensive insurance coverage upon such vehicle and shall further be responsible for all
expenses attendant to the purchase, operation, maintenance, repair, and regular replacement
of said vehicle.
6.03. The Employer shall reimburse the Employee at the IRS standard mileage rate for any
business use of the vehicle beyond the greater Corpus Christi metropolitan area. For purposes
of this Section, use of the car within the greater Corpus Christi metropolitan area is defined as
travel to locations within a mile twenty -five (25) mile radius of Corpus Christi City Hall.
6.04. The Employee agrees that such monthly vehicle allowance shall be declared as income
to the Employee in annual tax reporting.
Section 7: Retirement.
7.01. The Employer agrees to enroll the Employee into the Texas Municipal Retirement System
( "TRMS ") and to make all the appropriate contributions on the Employee's behalf on the same
basis as other similarly situated City employees.
Section 8: General Business Expenses.
8.01. Employer agrees to budget for membership dues in and to pay for travel and subsistence
expenses of Employee for professional and official travel, meetings, and occasions to
adequately continue the professional development of Employee and to pursue necessary
official functions for Employer in such national, regional, state, and local governmental groups
and committees in which the Employer determines it is in the best interests of the City that the
Employee serve as a member.
8.02. The Employer expressly agrees to budget for membership dues in and to pay for travel
and subsistence expenses of Employee for professional and official travel, meetings, and
occasions to adequately contxZ hec,
the professional development of Employee and to pursue
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necessary official functions for Employer in and at the international City /County Management
Association ( "ICMA ") Annual Conference and meetings of the Texas City Management
Association ( "TCMA ").
8.03. The Employer recognizes that certain expenses of a non - personal but job - related nature
are incurred by Employee, and agrees to reimburse or to pay said general expenses. The
Employer will disburse such moneys upon receipt of duly executed expense or petty cash
vouchers, receipts, statements or personal affidavits submitted timely and consistent with the
requirements of Employer's reimbursement policies.
8.04. In addition, the Employer shall provide for the technology and communication needs of
Employee through its operations budget.
Section 9: Termination.
For the purpose of this Agreement, termination shall occur when:
9.01. The majority of a quorum of the governing body votes to terminate the Employee at a
duly authorized public meeting, as stated in Article III of the City of Corpus Christi Charter,
9.02. If any provisions of Article III of the City of Corpus Christi Charter pertaining to the role,
powers, duties, authority, or responsibilities of the Employee's position are amended in a
manner that substantially changes the form of government, the Employee shall have the right
to declare that such amendments constitute termination.
9.03, If the Employer reduces the base salary, compensation or any other financial benefit of
the Employee, unless it is applied in no greater percentage than the average reduction of all
department heads, such action shall constitute a breach of this Agreement and will be regarded
as a termination.
9,04. If the Employer determines in good faith that the Employee has become unable to
perform the essential functions of the job with or without reasonable accommodations, as
those terms are interpreted in accordance with the Americans with Disabilities Act ( "ADA ") and
any amendments and the regulations thereto, the Employer shall give the Employee 30 days
written notice of its intention to terminate in accordance with the notice provisions of Section
20.
9.05. If the Employee resigns following an offer to accept resignation, whether formal or
informal, by the Employer as representative of the majority of the governing body that the
Employee resign, then the Employee may declare a termination as of the date of the
suggestion.
9.06. Failure of Employer to cure a breach of contract within 30 days after Employee's written
notice to Employer of the breach of contract in accordance with the provisions of Section 20
with a 30 -day cure period.
9.07. Failure of Employee to cure a breach of contract within 30 days after Employer's written
notice to Employee of the breach of contract in accordance with the provisions of Section 20
with a 30 -day cure period.
9.08. Notwithstanding anything herein to the contrary, the Employer's obligations herein are
subject to and contingent upon continued funding of the Employer during the term of this
Agreement or any extension thereof. In the event of an unforeseen and catastrophic shortfall
in funding, this Contract shall be terminable by the Employer, in accordance with the
Employer's general employme4 rmination policies.
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9.09. This Agreement shall terminate automatically upon death of the Employee.
9.09, This Agreement shall terminate automatically if the Employee is convicted of a felony.
Section 10: Severance.
10.1. Severance shall be paid to the Employee when employment is terminated as defined in
Section 9.01 — 9.06.
10.2 If the Employee is terminated, the Employer shall provide a minimum severance payment
equal to six (6) months salary at the current rate of pay. This severance shall be paid in a lump
sum unless otherwise agreed to by the E=mployer and the Employee.
103. The Employee shall also be compensated for all accrued sick leave and vacation time, and
as provided by Employer's employee benefits policy.
10.4. The Employer agrees to make a contribution to the Employee's deferred compensation
account on the value of this compensation calculated using the rate ordinarily contributed on
regular compensation.
10,5. For a minimum period of six (6) months following termination, the Employer shall pay the
cost to Employee's motor vehicle allowance as provided in Section 6.
10.6. All other compensation not expressly referenced in Section 10 shall cease and benefits
shall cease to accrue on the effective date of termination, save and except this Agreement shall
have no impact upon Employee's post - termination benefit rights pursuant to the Consolidated
Omnibus Benefits Reconciliation Act ( "COBRA ") or other state or federal law.
10.7. if the Employee is terminated because of a conviction of a felony, then the Employer is
not obligated to pay severance under this section.
Section 11: Resignation.
11.01. In the event that the Employee voluntarily resigns his /her position with the Employer,
the Employee shall provide a minimum of 30 days notice unless the parties agree otherwise.
Section 12: Performance Evaluation.
12,01. Employer =City Council or a duly appointed committee of the City Council) shall annually
review the performance of the Employee in advance of adoption of the annual operating
budget subject to a process, form, criteria, and format for the evaluation which shall be
mutually agreed upon by the City Council and Employee. The process at a minimum shall
include the opportunity for both parties to: (1) prepare a written evaluation, (2) meet and
discuss the evaluation, and (3) present a written summary of the evaluation results. The final
written evaluation should be completed and delivered to the Employee within 30 days of the
evaluation meeting.
Section 13: Hours of Work.
13.01. It is recognized that the Employee must devote a great deal of time outside the normal
office hours on business for the Employer, and to that end Employee shall be allowed to
establish an appropriate work schedule.
13.02. Employee is an exempt employee. Employer expects Employee to consistently devote
no less than 40 hours per week to the completion of the duties of this position.
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Section 14: Outside Activities.
14.01. The employment provided for by this Agreement shall be the Employee's sole
employment.
Section 15: Moving and Relocation Expenses.
15.01. Employee agrees to establish residence within the corporate boundaries of the local
government, within six (6) months of employment, and thereafter to maintain residence within
the corporate boundaries of the local government.
15.02. Employer shall reimburse Employee (or his family member) for a total of five round trip
air fares for the purpose of house hunting, closing on the sale of his previous home, final
coordinating of the moving of his family's belongings.
15.03. The Employee shall be reimbursed up to Six Thousand Dollars and No /Cents ($6000.00)
for the expense of temporary housing during the first year of this Agreement.
15.04. Employer shall pay Employee directly for the expenses of moving Employee and his
family and personal property from their current residence to Corpus Christi, Texas. Said moving
expenses include packing, moving, storage costs, unpacking, and insurance charges as
determine by the lowest bid provided by a licensed moving company. All amounts paid to
Employee for the expenses of moving Employee and his family and their personal property shall
be reimbursed in full to the Employer, if Employee chooses to terminate this Agreement
without good cause.
15.05. Employer shall also pay for the mileage calculated at the standard IRS rate for the one-
time transporting of two vehicles to Texas from Employee's current residence. All amounts
paid to Employee for the expenses of transporting vehicles shall be reimbursed in full to the
Employer, if Employee chooses to terminate this Agreement without good cause.
Section 16: Indemnification.
16.01. Beyond that required under Federal, State or Local Law, Employer SHALL DEFEND, SAVE
HARMLESS AND INDEMNIFY EMPLOYEE against any tort, professional liability claim or demand
or other legal action, whether groundless or otherwise, arising out of an alleged act or omission
occurring in the performance of Employee's duties as City Manager or resulting from the
exercise of judgment or discretion in connection with the performance of program duties or
responsibilities, unless the act or omission involved willful or wanton conduct. Legal
representation, provided by Employer for Employee, shall extend until a final determination of
the legal action including any appeals brought by either party. The Employer SHALL INDEMNIFY
employee against any and all losses, damages, judgments, interest, settlements, fines, court
costs and other reasonable costs and expenses of legal proceedings including attorneys fees,
and any other liabilities incurred by, imposed upon, or suffered by such Employee 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 his or her duties.
16.02. This indemnification provision shall in no way be construed to waive the Employer's or
Employee's right to invoke sovereign immunity or other statutory protections and defenses
under state or federal law.
16.03. Any settlement of any claim must be made with prior approval of the Employer in order
for indemnification, as provided -in this Section, to be available.
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Section 17: Litigation.
17.01. Employee agrees to fully cooperate in a consulting or witness capacity in any litigation
involving his actions or conduct, or as deemed necessary by Employer, even if such litigation
ensues after his separation. Employer agrees to pay all reasonable litigation expenses of
Employee throughout the pendency of any litigation to which the Employee is a party, witness
or advisor to the Employer after Employee's separation from employment.
Section 18: Bonding.
18.01. Employer shall bear the full cost of any fidelity or other bonds required of the Employee
under any law or ordinance.
Section 19: Other Terms and Conditions of Employment.
19,01. The Employer, only upon agreement with Employee, shall fix any such other terms and
conditions of employment, as it may determine from time to time, relating to the performance
of the Employee, provided such terms and conditions are not inconsistent with or in conflict
with the provisions of this Agreement, the City of Corpus Christi Charter or any other law.
Section 20: Notices.
20.01. Notice pursuant to this Agreement shall be given by depositing in the custody of the
United States Postal Service, postage prepaid, addressed as follows:
(1) EMPLOYER: to the attention of the current Mayor, Mayor's Office, City Mall, 1201 Leopard,
Corpus Christi, Texas 78401.
(2) EMPLOYEE: Ron Olson, Attention: Ron Olson, Office of the City Manager, City Hall 1201
Leopard, Corpus Christi, Texas 78401.
20.02. Alternatively, notice required pursuant to this Agreement may be personally served in
the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of
the date of personal service or as the date of deposit of such written notice in the course of
transmission in the United States Postal Service.
Section 21: General Provisions.
21.01. This Agreement sets forth and establishes the entire understanding between the
Employer and the Employee relating to the employment of the Employee by the Employer. Any
prior discussions or representations by or between the parties are merged into and rendered
null and void by this Agreement. The parties by mutual written agreement may amend any
provision of this agreement during the life of the agreement. Such amendments shall be
incorporated and made a part of this agreement.
21,02. This Agreement shall be binding on the Employer and the Employee as well as their
heirs, assigns, executors, personal representatives and successors in interest.
21,03. This Contract shall not be amended, modified or waived, in whole or in part, unless done
so in writing and signed by all Parties.
21.04. The invalidity or partial invalidity of any portion of this Agreement will not effect the
validity of any other provision. in the event that any provision of this Agreement is held to be
invalid, the remaining provisions shall be deemed to be in full force and effect as if they have
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been executed by both parties subsequent to the expungement or judicial modification of the
invalid provision.
21.05. This Contract has been executed and delivered within the State of Texas and the rights
and obligations of the Parties hereunder shall be construed and enforced in accordance with,
and governed by, the laws of the State of Texas.
21,06. This Contract is performable in Nueces County, Texas, where the Parties agree venue is
proper in the event of a dispute.
21.07. This Agreement shall become effective on the date of the last signature.
Section 22. Dispute Resolution.
22.01, Arbitration. Any other dispute (save and except excluded claims) arising out of or in
connection with this Agreement (including its validity or interpretation) or Employee's
employment which cannot be resolved by the parties shall be finally resolved by the parties in
binding arbitration under the Rules of the American Arbitration Association. The parties hereby
waive their right to a jury trial. Employee shall pay $500 of the arbitrator's fees; the Employer
shall pay the remaining fees. The parties shall first submit their dispute to a licensed mediator.
Section 23. Non - Solicitation of Employer's Employees.
23.01. Employee recognizes that the Employer's employees are a valuable resource.
Accordingly, Employee agrees that Employee shall not, during the Employee's employment
under this Agreement, and for a period of two (2) years following separation for any reason,
either alone or in conjunction with any other entity or person, directly or indirectly, go into
business with (whether for pay or not for pay) any Employer representative or employee
and/or solicit, induce, or recruit any Employer representative or employee to terminate their
relationship with the Employer.
Section 24. Non - Disparagement.
24.01. Employee agrees that he shall not make any disparaging remarks about or concerning
the Employer, any of its officers, employees or Council Members.
Employer:
eA4
Joe Aame, Mayor
City of Corpus C risti
Date: , 2011.
Employee:
Ron €so
City Maer
Date: ��` „fit i Z- 3 2011.
Ojq AUTWOR1ZO
SECRETARY 90-
Employment Agreement for City . harp/ of the City of Corpus Christi
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AFPf -011JED AS - o
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AP? ro ve& '.
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� e yaLJ
EXHIBIT A
TO THE EMPLOYMENT AGREEMENT
FOR CITY MANAGER
OF THE CITY OF CORPUS CHRISTI
CITY OF CORPUS CHRISTI CHAR_ TER,
ARTICLE III
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ARTICLE Ill. CITY MANAGER
Sec. 1. Appointment; Quaiifications; Term; Removal; Compensation. .
The council shall appoint a city manager who shall be the chief administrative and executive
officer of the city. No member of the council shall, during the time for which he or she is
elected, be chosen as city manager. The city manager may be removed at the will and pleasure
of the council by a majority vote of the entire membership of the council, The action of the
council in removing the city manager shall be final. In the case of the absence or disability of the
city manager, the council may designate some qualified person to perform the duties of the
office during such absence or disability. The city manager shall receive such compensation as
may be fixed by the council.
Sec. 2. Powers and Duties.
The powers and duties of the city manager shall be as follows:
(a) To see that all laws and ordinances are.enforced.
(b) To exercise control over all city departments and subdivisions thereof except as otherwise
provided by Charter.
(c) To execute all appropriately authorized deeds, contracts, agreements or franchises and to
see that all terms and conditions imposed in favor of the city or its inhabitants in any such
transactions are faithfully kept and performed, and in case of any violation thereof to take such
action as may be necessary and proper to enforce or terminate the same.
(d) To attend all meetings of the council, with the right to take part in the discussion, but having
no vote and to receive notice of all special meetings in the same manner as such notice is given
to members of the council. Any action taken at any meeting of the council of which the city
manager has not been notified shall be of no force or effect, except, however, the action of
designating a person to perform those duties in the city manager's absence.
(e) To recommend such measures to the council as may be deemed necessary or expedient.
(f) To keep the council fully advised as to the financial condition and needs of the city and
provide them quarterly financial reports.
(g) To act as budget officer, and, as such, prepare and submit the annual budget to the council.
(h) To operate the city within its budget.
(i) To be an ex officio member of all boards or commissions without vote, but with the right of
veto of any proposed expenditures the manager shall deem unlawful or not in the best interest
of the city.
(j) To perform such other duties as may be prescribed by the city charter or by ordinance or
resolution of the council; and to be responsible to the council for the proper administration of
all the city affairs.
(k) To appoint and remove all officers and employees not otherwise specified by this charter.
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EXHIBIT B
TO THE EMPLOYMENT AGREEMENT
FOR CITY MANAGER
OF THE CITY OF CORPUS CHRISTI
INTERNATIONAL CITY /COUNTY MANAGEMENT ASSOCIATION
CODE OF ETHICS WITH GUIDELINES
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fCMA Code of Ethics
With Guidelines
The ICMA Code of Ethics was adopted by the ICMA membership in 1924, and most recently
amended by the membership in May 1998, The Guidelines for the Code were adopted by the
ICMA Executive Board in 1972, and most recently revised in July 2 004.
The mission of ICMA is to create excellence in local governance by developing and fostering professional local
government management worldwide. To further this mission, certain principles, as enforced by the Rules of Procedure,
shall govern the conduct of every member of ICMA, who shall:
1. Be dedicated to the concepts of effective and
democratic local government by responsible elected
officials and believe that professional general
management is essential to the achievement of this
objective.
2. Affirm the dignity and worth of the services rendered by
government and maintain a constructive, creative, and
practical attitude toward local government affairs and a
deep sense of social responsibility as a trusted public
servant.
Guideline
Advice to Officials of Other local Governments. When
members advise and respond to inquiries from elected or
appointed officials of other local governments, they should
inform the administrators of those communities,
3. Be dedicated to the highest ideals of honor and
integrity in all public and personal relationships in order
that the member may merit the respect and confidence
of the elected officials, of other officials and employees,
and of the public,
Guidelines
Public Confidence. Members should conduct
themselves so as to maintain public confidence in their
profession, their local government, and in their
performance of the public trust.
Impression of Influence. Members should conduct their
official and personal affairs in such a manner as to give the
clear impression that they cannot be improperly influenced
in the performance of their official duties.
Credentials. An application for employment or for ICMA's
Voluntary Credentialing Program should be complete and
accurate as to all pertinent details of education,
experience, and personal history. Members should
recognize that both omissions and inaccuracies must be
avoided.
Professional Respect. Members seeking a management
position should show professional respect for persons
formerly holding the position or for others who might be
applying for the same position. Professional respect does
not preclude honest differences of opinion; it does
preclude attacking a person's motives or integrity in order
to be appointed to a position.
Reporting Ethics Violations. When becoming aware of
a possible violation of the ICMA Code of Ethics,
members are encouraged to report the matter to ICMA.
In reporting the matter, members may choose to go on
record as the complainant or report the matter on a
confidential basis.
Confidentiality. Members should not discuss or divulge
information with anyone about pending or completed
ethics cases, except as specifically authorized by the
Rules of Procedure for Enforcement of the Code of Ethics.
Seeking Employment. Members should not seek
employment for a position having an incumbent
administrator who has not resigned or been officially
informed that his or her services are to be terminated.
4. Recognize that the chief function of local government at
all times is to serve the best interests of all of the
people.
Appointment Commitment. Members who accept an
appointment to a position should not fail to report for that
position, This does not preclude the possibility of a
member considering several offers or seeking several
positions at the same time, but once a bona fide offer of a
position has been accepted, that commitment should be
honored. Oral acceptance of an employment offer is
considered binding unless the employer makes
fundamental changes in terms of employment.
Guideline
Length of service. A minimum of two years generally is
considered necessary in order to render a professional
service to the local government. A short tenure should be
the exception rather than a recurring experience.
However, under special circumstances, it may be in the
best interests of the local government and the member to
separate in a shorter time. Examples of such
circumstances would include refusal of the appointing
authority to honor commitments concerning conditions of
employment, a vote of no confidence in the member, or
severe personal problems. It is the responsibility of an
applicant for a position to ascertain conditions of
employment. Inadequately determining terms of
employment prior to arrival does not justify premature
termination.
5. Submit policy proposals to elected officials; provide
them with facts and advice on matters of policy as a
basis for making decisions and setting community
goals; and uphold and implement local government
policies adopted by elected officials.
Guideline
Conflicting Roles. Members who serve multiple roles- -
working as both city attorney and city manager for the
same community, for example -- should avoid participating
in matters that create the appearance of a conflict of
interest. They should disclose the potential conflict to the
governing body so that other opinions may be solicited,
6. Recognize that elected representatives of the people
are entitled to the credit for the establishment of local
government policies; responsibility for policy execution
rests with the members.
7. Refrain from all political activities which undermine
public confidence in professional administrators. Refrain
from participation in the election of the members of the
employing legislative body.
Guidelines
Elections of the Governing Body. Members should
maintain a reputation for serving equally and impartially all
members of the governing body of the local government
they serve, regardless of party, To this end, they should
not engage in active participation in the election campaign
on behalf of or in opposition to candidates for the
governing body.
Elections of Elected Executives. Members should not
engage in the election campaign of any candidate for
mayor or elected county executive.
Running for Office. Members shall not run for elected
office or become involved in political activities related to
running for elected office. They shall not seek political
endorsements, financial contributions or engage in other
campaign activities.
Elections. Members share with their fellow citizens the
right and responsibility to vote and to voice their opinion
on public issues. However, in order not to impair their
effectiveness on behalf of the local governments they
serve, they shall not participate in political activities to
support the candidacy of individuals running for any city,
county, special district, school, state or federal offices.
Specifically, they shall not endorse candidates, make
financial contributions, sign or circulate petitions, or
participate in fund - raising activities for individuals
seeking or holding elected office,
Elections on the Council- Manager Plan. Members may
assist in preparing and presenting materials that explain
the council- manager form of government to the public prior
to an election on the use of the plan. If assistance is
required by another community, members may respond.
All activities regarding ballot issues should be conducted
within local regulations and in a professional manner.
Presentation of issues. Members may assist the
governing body in presenting issues involved in referenda
such as bond issues, annexations, and similar matters.
9. Make it a duty continually to improve the member's
professional ability and to develop the competence of
associates in the use of management techniques.
Guidelines
Self - Assessment. Each member should assess his or
her professional skills and abilities on a periodic basis.
Professional Development. Each member should
commit at least 40 hours per year to professional
development activities that are based on the practices
identified by the members of ICMA,
9. Keep the community informed on local government
affairs; encourage communication between the citizens
and all local government officers; emphasize friendly
and courteous service to the public; and seek to
improve the quality and image of public service.
10. Resist any encroachment on professional
responsibilities, believing the member should be free to
carry out official policies without interference, and
handle each problem without discrimination on the
basis of principle and justice.
Guideline
Information Sharing. The member should openly share
information with the governing body while diligently
carrying out the member's responsibilities as set forth in
the charter or enabling legislation.
11. Handle all matters of personnel on the basis of merit
so that fairness and impartiality govern a member's
decisions pertaining to appointments, pay
adjustments, promotions, and discipline,
Guideline
Equal Opportunity. All decisions pertaining to
appointments, pay adjustments, promotions, and discipline
should prohibit discrimination because of race, color,
religion, sex, national origin, sexual orientation, political
affiliation, disability, age, or marital status.
it should be the members' personal and professional
responsibility to actively recruit and hire a diverse staff
throughout their organizations.
12. Seek no favor; believe that personal aggrandizement
or profit secured by confidential information or by
misuse of public time is dishonest.
Guidelines
Gifts. Members should not directly or indirectly solicit any
gift or accept or receive any gift -- whether it be money,
services, loan, travel, entertainment, hospitality, promise,
or any other form -under the following circumstances: (1)
it could be reasonably inferred or expected that the gift
was intended to influence them in the performance of their
official duties; or (2) the gift was intended to serve as a
reward for any official action on their part.
It is important that the prohibition of unsolicited gifts be
limited to circumstances related to improper influence. In
de minimus situations, such as meal checks, some modest
maximum dollar value should be determined by the
member as a guideline. The guideline is not intended to
isolate members from normal social practices where gifts
among friends, associates, and relatives are appropriate
for certain occasions.
Investments in Conflict with Official Duties. Member
should not invest or hold any investment, directly or
indirectly, in any financial business, commercial, or other
private transaction that creates a conflict with their official
duties.
In the case of real estate, the potential use of confidential
information and knowledge to further a member's personal
interest requires special consideration. This guideline
recognizes that members' official actions and decisions
can be influenced if there is a conflict with personal
investments. Purchases and sales which might be
interpreted as speculation for quick profit ought to be
avoided (see the guideline on "Confidential Information "),
Because personal investments may prejudice or may
appear to influence official actions and decisions,
members may, in concert with their governing body,
provide for disclosure of such investments prior to
accepting their position as local government administrator
or prior to any official action by the governing body that
may affect such investments,
Personal Relationships. Members should disclose any
personal relationship to the governing body in any instance
where there could be the appearance of a conflict of
interest. For example, if the manager's spouse works for a
developer doing business with the local government, that
fact should be disclosed.
Confidential Information. Members should not disclose
to others, or use to further their personal interest,
confidential information acquired by them in the course of
their official duties.
Private Employment. Members should not engage in,
solicit, negotiate for, or promise to accept private
employment, nor should they render services for private
interests or conduct a private business when such
employment, service, or business creates a conflict with or
impairs the proper discharge of their official duties.
Teaching, lecturing, writing, or consulting are typical
activities that may not involve conflict of interest, or impair
the proper discharge of their official duties. Prior
notification of the appointing authority is appropriate in all
cases of outside employment.
Representation. Members should not represent any
outside interest before any agency, whether public or
private, except with the authorization of or at the direction
of the appointing authority they serve.
Endorsements. Members should not endorse
commercial products or services by agreeing to use their
photograph, endorsement, or quotation in paid or other
commercial advertisements, whether or not for
compensation. Members may, however, agree to endorse
the following, provided they do not receive any
compensation: (1) books or other publications; (2)
professional development or educational services provided
by nonprofit membership organizations Or recognized
educational institutions; (3) products and /or services in
which the local government has a direct economic interest.
Members' observations, opinions, and analyses of
commercial products used or tested by their local
governments are appropriate and useful to the profession
when included as part of professional articles and reports.
EXHIBIT C
TO THE EMPLOYMENT AGREEMENT
FOR CITY MANAGER
OF THE CITY OF CORPUS CHRISTI
HR 17.0 (DEFERRED COMPENSATION - DRAG -UP
PAY UPON TERMINATION OR RETIREMENT)
(REVISED 03/16/09)
Employment Agreent for Clty Ma agar ol.tlie City of Corpus Christi Page 12 of 14
INITIAL HERE: JA _o ' " " - a
r._
city ofS
Carus
chr�sti
ORIGINAL
City Policies
SUBJECT: _DEFERRED COMPENSATION -• DRAG -UP PAY NO. HR 17.0
UPON TERMINATION OR RETIREMENT
REVISED: 11124198
REVISED: 09/15103
REVISED: 06/15104
i REVISED: 03/16/09
APPROVED: idk RATE: �3
R. Escobar, City Manager
I. PURPOSE
The purpose of this policy is to provide eligible employees with options to receive or defer
compensation in connection with accrued but unused vacation and sick leave pay upon retirement or
termination, Payment of such accrued leave is referred to in this policy as "Drag -up" pay.
[I. SCOPE
This policy applies to all City employees eligible to participate in deferred compensation plans
offered by the City.
This policy is governed by, and subject to, Section 457 of the IRC and the Treasury regulations
thereunder, as amended from time to time, and to the extent that there is a conflict between this
policy and the IRC and applicable regulations, the provisions of the IRC and the regulations, as
.amended, shall control.
III. AUTHORIZATION FOR PAYMENT OF ACCRUED LEAVE
Under this policy, eligible employees may elect to defer the receipt and income taxation of a portion
of their drag -up pay through participation In one or more deferred compensation plans offered to
employees by the City of Corpus Christi. These plans are established under Section 457 of the
Internal Revenue Code of 1986, as amended (referred to in' this policy as the "IRC ") and the
Treasury regulations thereunder.
Authorization for payment of drag -up pay upon an employee's retirement or termination is provided
in the City's Compensation and Classification Plan, or In collective bargaining agreements for Police
Officers and Firefighters.
HR 17.0 Deferred Compensation — Drag -Up Pay Page 1 of 5
Upon Termination or Retirement
IV. DEFERRED COMPENSATION PROVISIONS -- GENERAL RULES
` Under IRC Section 487, each calendar year an employee may generally defer receipt and taxation
of compensation up to a maximum of (a) 100% of his /her includible compensation or (b) a fixed
dollar amount that is set each year, whichever is less, through a payroll deduction election made
before the compensation is earned.
A deferral of a payment, including a payment of drag -up pay, must be elected before this amount is
paid or made available to the employee. Drag -up pay cannot be deferred after the employee
terminates his or her employment,
V. DEFERRED COMPENSATION CATCH -UP PROVISION UNDER IRC SECTION 457 IN
THREE YEARS BEFORE NORMAL RETIREMENT DATE
a. IRC Section 457 and the Treasury regulations thereunder provide for a limited catch -up
period to enable employees to make up for years in which they did not defer the maximum
compensation allowed by law. The catch -up period is defined by federal law as one or more
of the employee's last three taxable years (generally calendar years) endi before the year
the employee reaches normal retirement age. iVo catch -up contributions can be made under
this make -up provision in the calendar year that includes the employee's normal retirement
age.
b. For purposes of the limited catch -up period, "normal retirement age" is the age and date
designated in writing by the employee to the City in accord with applicable Treasury
regulations for purposes of this catch -up provision.
1. The normal retirement age designated by the employee must be not later than age 70
Y2 and not earlier than the age at which the employee may retire without the consent
of the City and receive immediate retirement benefits under his/her applicable
retirement plan or system without any reduction In retirement benefits.
2. The age and date specified by the employee cannot be later than any applicable
mandatory retirement age, or later than the age and date at which the employee
retires or terminates employment with the City.
3. To the extent permitted by applicable Treasury regulations, qualified police or
firefighters may designate a normal retirement ate for such purpose that is earlier
than the age permitted under this general rule, but in no event earlier than age 40.
c. An employee may use this catch -up provision only once during one or more of the three
calendar years in the catch -up period. If this option is not used the, the opportunity to use it
ends.
d. If an employee has not deferred the maximum amount of compensation allowable during
years before the catch -up period when he/she was eligible to participate in the deferred
compensation plan, the employee can catch -up by electing to defer the receipt of current
compensation based on the difference between (1) the compensation that was eligible to be
deferred in prior years, and (2) the compensation that was actually deferred in prior years,
HR 17.0 Deferred Compensation — Drag -Up Pay Page 2 of 6
Upon Termination or Retirement
e. An employee's catch -up contribution based on his/her underutilized limit in prior years cannot
exceed the amount permitted by Section 457 and the Treasury regulations thereunder (two .
times the normal fixed dollar amount in effect for that calendar year.
Subject to approval of the City Manager, an eligible employee who is about to retire or
terminate can elect in advance (1) to receive or defer a portion of his/her drag -up pay in the
calendar month preceding the calendar month in which the retirement or termination will
occur, and (2) to receive or defer the remainder of his /her drag -up pay in the calendar month
of retirement or termination, provided that the drag -up pay must actually be paid before the
employee has a severance from employment, and provided further that in order for the
employee to use the catch -up provision, the drag -up pay must be paid in the calendar year
that does not include the employee's normal retirement age, The amount so elected in any
calendar year must be limited to the annual deferral amount permitted by 1RC Section 457.
g. Retiring or terminating employees who are not eligible for the catch -up can elect in advance
to defer compensation (including drag -up pay) in the calendar month in which they retire or
termination, subject to the annual deferral amount permitted by IRC Section 457. The
amount of any deferral must also take into account any other deferrals of compensation
elected by the employee in that calendar year.
VI, DEFERRAL OF-ADDITIONAL COMPENSATION UNDER IRC SECTION 457 AFTER
ATTAINING AGE 50
a. An employee who is at least age 50 by the end of the year may elect to contribute an
additional amount that is established for each year in excess of the normal annual dollar limit.
b. The age 50 additional contribution does not apply for any year for which a higher catch -up
contribution limit applies. An employee who Is eligible for the age 50 additional contribution
in a year that is one of the employee's last three calendar years before he/she reaches
normal retirement age is entitled to the either (1) the normal annual limit plus the age 50
additional contribution, or (2) the catch -up contribution limit, whichever is greater.
VI1. ELECTION BY EMPLOYEE TO DEFER DRAG -UP PAY UNDER A DEFERRED
COMPENSATION PLAN
a. In order for an employee to be eligible to defer a portion of the drag -up pay he/she will be
receiving under the Compensation & Classification Plan or Fire and /or Police Collective
Bargaining Agreements, the employee must sign, date and deliver his /her election to receive
or defer drag -up pay on or before the last day of the calendar month immediately preceding
the calendar month in which the employee either (1) gives notice of his /her retirement or
termination, or (2) retires or terminates, whichever is earlier. In addition, in order to use the
catch -up contribution to defer drag -up pay, the deferral must occur before the calendar year
that includes his /her normal retirement age.
HR 17.0 Deferred Compensation — Drag -Up Pay Page 3 of 6
Upon Termination or Retirement
Example:
(, 1. An employee who has declared his/her normal retirement age as January 15, 2010
and who gives notice in November 2009 that his /her retirement will occur December
31, 2009 and whose drag -up pay will be paid December 30, 2009 must sign, date and
deliver his/her drag -up pay election form on or before-November 30, 2009.
2. An employee who has declared his /her normal retirement age as January 15, 2014
and who gives notice In December 2009 that his/her retirement will occur January 15,
2010 and whose drag up pay will be paid January 14, 2010 must sign, date and
deliver his /her drag -up pay election form on or before November 30, 2009.
3. No drag -up pay can be deferred by the employee in either example as Part of the
catch -up contribution in the calendar year of his /her normal retirement age (2010),
although It can be deferred as part of the normal annual deferred compensation limit
as long as the deferral occurs before the termination of his /her employment.
c. An employee who wishes (1) to receive or defer a portion of his /her drag -up pay in the
calendar month preceding the calendar month in which the retirement or termination will
occur, and (2) to .receive or defer the remainder of his /her drag -up pay in the calendar month
of retirement or termination (but before the actual date of retirement or termination) must also
follow the procedures outlined in Section Vill below on a timely basis.
d. -if an eligible employee makes a timely election to defer drag -up pay, the deferred drag -up
pay is not paid to the employee at retirement or termination, but is invested and held in trust
for the employee under the terms of the applicable deferred compensation plan until the
determinable date in the future selected for receipt of the deferred amounts,
e. If an employee wishes to defer additional drag -up pay under the catch -up rules of IRC
Section 457, he /she must provide the City with a written certification of eligibility for the
catch -up provision from a representative of the applicable deferred compensation plan.
The employee should contact a representative of the applicable deferred
compensation plan for assistance in obtaining the certification and completing the
forms required by the IRS and the applicable deferred compensation plan.
2. The certificatlon must state the calendar year(s) In which a catch -up deferral can be
made.
3. The Human Resources Department will verify the amount of drag -up pay which is due
to the employee as of the date of the election.
VIII. REQUES'T'ING CITY MANAGER TO APPROVE PARTIAL. PAYMENT OF DRAG -UP PAY
An eligible employee who wishes to receive or defer a portion of his /her drag -up pay in the calendar
month immediately preceding the calendar month of his /her retirement or termination and the
balance in the calendar month of his /her retirement or termination should:
HR 17.0 Deferred Compensation — Drag -Up Pay Page 4 of 6
Upon Termination or Retirement
a. The employee must sign, date and deliver his/her election to receive or defer drag -up pay
on or before the last day of the calendar month preceding the calendar month in which
the employee either (1) gives notice of his /her retirement or termination, or (2) retires or
terminates, whichever is earlier.
b. An employee's ability to receive or defer drag -up pay in the calendar month immediately
preceding the calendar month of termination or retirement is not automatic,
1. The employee must submit a written request to make a portion of his/her drag -up pay
available before the month of termination or retirement.
2. This request must be submitted by the employee to his /her department Director on or
before the last day of the calendar month preceding the calendar month In which the
employee either (1) gives notice of his /her retirement or termination, or (2) retires or
terminates, whichever is earlier.
3. The request must be approved by the applicable department Director, Director of
Human Resources, or designee, Assistant City Manager, and City Manager,
4.. The City Manager will review and consider the employee's request for approval, The
City Manager's decision is final.
X. EMPLOYEE RESPONSIBLE FOR OBTAINING OWN INCOME TAX ADVICE
The City provides the voluntary option for employees to participate in deferred compensation plans
r offered as a benefit to City employees. This in no way obligates the City for liability that may arise
1 . from any individual employee's income tax obligation under the Internal Revenue Code and /or IRS
regulations.
Employees who use the deferred compensation plans made available by the City do so at their own
risk. City employees are encouraged to obtain tax advice from a qualified tax attorney or other
knowledgeable professional. '
X. QUESTIONS REGARDING THIS POLICY
Questions regarding this policy shall be directed to the Director of Human Resources, or designee,
who may be contacted at 361 - 826 -3315.
HR 17.0 Deferred Compensation — drag -Up Pay Page 5 of a
Upon Termination or Retirement
t J�
CITY OF CORPUS CHRISTI
ELECTION FORM DEFERRED COMPENSATION OF DRAG -UP PAY
Employee Name
Department:
I D#:
I request to use the deferred compensation catch -up period provision provided for in Section 457 of
the Internal Revenue Code based on the attached written certification of my eligibility from a
representative of my applicable deferred compensation plan(s), which are:
; and
elect, effective this date (month & year), to defer a portion of my
drag -up pay, This election is made on or before the last day of the calendar month immediately
preceding the calendar month in which I either (1) give notice of my retirement or termination on
(month & year), or (2) retire or termination on (month & year),
whichever is earlier. I understand that this deferral must occur before the calendar year that
includes my normal retirement age as defined in applicable Treasury regulations.
I request the City Manager to approve $ in vacation and /or sick leave accrual
exchanged for cash. I understand that election to defer Accrued Leave Pay must be timely and that
this pay will not be paid to me, but invested and held in trust for me under the terms of the applicable
deferred compensation plan until the determinable date in the future selected for receipt of the
deferred amounts.
Employee Signature
APPROVED BY:
Director of Human Resources,
Employee's Department Director.
Assistant City Manager:
City Manager;
HR 17.0 Deferred Compensation — Drag -Up Pay
Upon Termination or Retirement
Date
Date:
Date:
Date:
Date:
Page 6 of 6
EXHIBIT D
TO THE EMPLOYMENT AGREEMENT
FOR CITY MANAGER
OF THE CITY OF CORPUS CHRISTI
LIST OF EMPLOYEE BENEFITS
FOR THE CITY OF CORPUS CHRISTI
Employment Agree rat for City 1��nager City of Carpus Christi Page 13 of 14
INITIAL HERE: JA 1W RQ -" --V-if3
Welcome to the City of Corpus Christi. We are proud of the various benefit offerings available to
regular, full -time employees. This summary is intended to provide general information on the
benefit plans available to employees, Specific information concerning each benefit option available
is contained in the plan documents that govern the terms and conditions of coverage. Some
benefits will vary between Executive level, Civilian, Fire and Police personnel. Please contact
Human Resources - Benefits Division at 361 -826 -3300 with any questions you may have concerning
your employee benefit options.
VACATION LEAVE ACCRUAL:
Years of Service
Less than 6 years of service
Beginning the 61h year
Beginning the 11
year
Beginning the 16
year
Beginning the 21 "
Year
Beginning the 26
year
Beginning the 31 "
year
Hours Per Year
88 Hours
104 Hours
120 Hours
144 Hours
168 Hours
200 Hours
240 Hours
❑ Annual carryover limited to 30 days
❑ Vacation buyback up to 5 days if 15 days are accrued and 5 days are used in calendar year
❑ Up to maximum of 30 days paid at termination, retirement, or death
❑ 12 months of service with City required before vacation is paid at termination
❑ Probationary Period must be completed before vacation accrual is used
SICK LEAVE:
❑ 12 days per calendar year (based on 8 -hour shift)
❑ 960 hours carried over year to year
❑ No hours paid at termination
❑ Up to 720 accrued hours cashed -in for up to 360 hours of pay at disabilitylservice retirement
or upon death
o Buyback of up to 4 days at 50% if 240 hours are accrued and 32 or less hours were used in
the previous calendar year
PERSONAL LEAVE:
❑ 40 personal leave hours granted to employees in payroll on August 1 of each year
❑ Days scheduled and used like vacation leave
HOLIDAY LEAVE:
❑ 7 days per year (based on 8 -hour shift)
✓ New Year's Day
✓ Memorial Day
✓ Independence Day
✓ Labor Day
✓ Thanksgiving Day
✓ Day after Thanksgiving
✓ Christmas Day
OTHER LEAVES:
• Military Leave up to 15 calendar days per year
• Jury Duty Leave
RETIREMENT:
• Texas Municipal Retirement System
• Automatic enrollment
• 6% contributed by employee
• City contribution actuarially determined
• 6 -year vesting
• Eligibility for retirement:
� Age 60 with 5 years of service
20 years of service at any age
DEFERRED COMPENSATION PLANS:
❑ Two plans offered (ICMA and Nation Wide Retirement Solutions)
❑ No City contribution
HEALTH INSURANCE:
❑ Coverage effective as of date of hire
❑ Enrollment must be completed by 31 date of hire
❑ City pays portion of bi- weekly premium
❑ Choice of 2 plans: Citicare or Alternate Choice (Civilian employees only)
DENTAL INSURANCE:
• Coverage effective as of date of hire
• Enrollment must be completed by 31 date of hire
• Choice of 2 plans: Basic or Expanded Plan
TERM LIFE INSURANCE COVERAGE:
❑ $10,000 group term insurance with AD &D paid for at City's expense
❑ Supplemental and optional term life at group rates available at employee's expense
❑ Spouse and/or child life insurance at group rates available at employee's expense
DISABILITY INSURANCE:
• Mandatory participation in disability income protection plan
• Shared cost between City and employee
• Choice of tong Term coverage only or combination short term and long term
❑ Choice of 4 plans
EMPLOYEE ASSISTANCE PRORAM:
• Three confidential visits for counseling services paid for by City
• Covers employee, spouse and dependent children
• Choice of two convenient locations
OTHER OPTIONAL BENEFITS AT EMPLOYEE'S COST:
• Corpus Christi Dental Plan -- discount dental
• Ameritas —discount vision plan
❑ Cancer Coverage for employee and family
❑ Heart/Stroke Coverage
CAFETERIA PLAN (PREMIUM ONLY PLAN)
❑ Premiums for health, term life, self - funded dental insurance deducted before federal taxes
are calculated
❑ May increase employee's take home pay
FLEXIBLE SPENDING ACCOUNT
• Plan Year is August 1 through July 31
• Use pre -tax dollars to pay for:
✓ Out -of- pocket medical expenses
✓ Day care expenses for child and/or elder care
✓ Use pre -tax dollars for reimbursement of health, dental or vision insurance premium
through source other than City of Corpus Christi
❑ Maximum annual deduction of $6,520 for medical expenses
❑ Maximum annual deduction of $5,000 for day care expenses
Employee Health Insurance
Bi- Weekly Premiums
Plan Year 8 -01 -10 through 7 -31 -11
Coverage
Employee Only
Employee &
Employee &
Employee &
Spouse
Child
Family
Citicare
$ 29.24
$130.72
$111.05
$190.21
Citicare
Premium
$ 58.60
$190.52
$164.95
$267.86
Citicare Fire
$ 85.12
$225.86
$197.06
$312.72
Citicare Public
Safety
$0
$121.38
$96.61
$196.37
Dental Care (Civilian employees only)
Dental Basic
$12.46
$25.92
$19.94
$34.89
Dental
Expanded
$19.75
$39.48
$30.71
$53.74
This is a summary of general benefits. Some benefits vary
between executive level, Civilian, Fire and Police personnel.
Rev: 9/14/2010
E E
TO THE EMPLOYMENT AGREEMENT
FOR CITY MANAGER
OF THE CITY OF CORPUS CHRISTI
HR 23.0 (EXECUTIVE PHYSICAL EXAMINATION
(REVISED 04/12/05)
Employment Agreem or Clty M, Tiger of t�C €ty of Corpus Christi Page 14 of 14
IN[TIAL HERE: 3A no f?
City of ■ ■
cows I Policies
chrisa so WOMMM
SUBJECT EXECUTIVE PHYSICAL EXAMINATIONS NO. MR 23,9
EFFECTIVE; 10/2/11999
REVISED: _ 0411212926
APPROVED. DATE:
gar K. Noe, City Manager
I. PURPOSE
The purpose of this policy is to provide an enhanced health cafe benefit for eligible
employees, the Mayor and City Council members, and define the specific procedures
covered under the annual executive physical examination.
II. SCOPF
This policy applies to all City employees in the Executive Pay Plan, the Mayor and City
Council members.
Ill. ANNUAL PHYSICAL EXAMINATIONS
Employees in the Executive Pay Plan. the Mayor and City Council members are eligible
for a voluntary, annual physical examination as a preventive health measure, This
examination is paid for by the City from the Occupational Health Fund.
The physical examination includes the following:
• Audiogram
• Cardiac Risk Assessment
• CBC (blood test)
• Chem 20 (blood test)
• Electrocardiogram
• HIV Screen
• Occult Blood
• Prostatic Specific Antigen
• Pulmonary Function Test
+ TB Tine
• Thyroid Secreting Hormone
HR 23.0 Executive Physical Examinations Page 1 of 2
Appointments for physical examinations can be made directly by the eligible employee,
Mayor or Council Member by contacting the City's contracted medical clinic, Concentra
Medical Centers at 8528255. The clinic is located at 4025 S. Padre Island Drive.
Protocol for these annual physical examinations is contained in the City's Occupational
Medical Services Agreement, Attachment IV, Occupational Medical Standards for
Employment.
The City of Corpus Christi or its agents, except for the City's contracted physician, will
not receive any information related to the results of these examinations. All
documentation related to these examinations will be maintained by the City's contracted
physician.
Results from the examination will be presented to the participant, the individual
examined, only_ Participants are encouraged to provide the results to their personal
physician. Results of the physical exam may be forwarded by Concentra to the
participant's personal physician, if the participant makes such request in writing.
If any treatment or follow -up is recommended, based upon the findings, the participant
should address these issues with their personal physician. Should any additional tests
which were recommended be taken, the associated casts would be the responsibility of the
participant and should be handled through the participant's personal medical plan_
Notification to the City regarding results of the annual physical examination will be
restricted to a Disposition f=orm from the City's contracted physician, specifically
developed by the Risk Management Department. This notification will be used to
reconcile related billings for these examinations,
IV. QUESTIONS REGARDING THIS POLICY
Questions regarding this policy shall be directed to the Director of Human Resources,
or designee, who may be contacted at 3811626 -3396.
HR 23.0 Executive Physical Examinations Page 2 of 2