HomeMy WebLinkAboutM2008-340 - 12/16/2008MOTION 12/16/08
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Motion authorizing an employment contract with City Manager Angel Escobar as
negotiated and delineated in the agreement as attached to this motion.
ATTEST:
Armando Chapa, City ecretary
enry Ga rett, Mayor
City of C rpus Christi
M2008-340
EMPLOYMENT CONDITIONS AND SALARY
FOR CITY MANAGER'ANGEL R. ESCOBAR
WHEREAS, the City of Corpus Christi ("City') desires to employ the services of 'Angel R.
Escobar ("Escobar") as the City Manager of the City as provided by the City Charter; and
WHEREAS, it is the desire of the City to provide certain benefits, establish certain conditions of
employment and to set the working conditions of the City Manager, and
WHEREAS, it is the desire of the City to (1) secure and retain the services of Escobar as City
Manager and to provide inducement for him to remain in such employment, (2) make possible
full work productivity by assuring his morale and peace of mind with respect to future security,
and (3) act as a deterrent against malfeasance or dishonesty for personal gain on the part of the
City Manager; and
WHEREAS, Escobar will become a member of the International City Management Association
(ICMA) and will be subject to the ICMA code of ethics.
Section 7. DUTIES
The City employs Escobar as the City Manager of City to perform the functions and duties
specified by law and to perform other legally permissible and proper duties and functions as City
shall from time to time assign.
A. Nothing herein shall prevent, limit or otherwise interfere with the right of City to terminate
the services of the City Manager at any time, with severance pay under Section 2, as
applicable.
B. Nothing herein shall prevent, limit or otherwise interfere with the right of the City
Manager to resign at any time from his position with the City.
Section 2. TERMINATION AND SEVERANCE PAY
A. In the event Escobar is terminated by the Council, and during such time Escobar is
willing and able to perform his duties, then in that event the City agrees to pay Escobar a
lump sum cash payment equal to six (8) months aggregate salary, and benefits under
Sections 7, 8, 9 and 10 (the "Severance Pay"). In consideration of Escobar's
acceptance of appointment as City Manager by the City an amount equal to the
Severance Pay shall, upon Escobar's written acceptance, be placed in Trust for
Escobar's benefits, subject to the contingencies provided in this paragraph. Such Trust
atl-be ittevocable-antic-distributed-to Escobar pursuant to-the-contingencies-stated-in -
this paragraph, or returned to the City, if Escobar terminates from the City under
circumstances other than the stated contingencies. Staff is directed each year to include
in the budget any amount necessary to supplement the Trust Fund to provide the
Severance Pay at the level of Escobar's then existing salary and benefits.
Employment Conditions & Salary for City Manager'Angel R. Escobar Page 1 of 5
B. In the event the City at any time reduces the salary or other financial benefits of Escobar
in a great percentage than an applicable across-the-board reduction for all employees of
the City, or in the event the City refuses, following written notice, to continue any
provisions benefiting Escobar herein, or Escobar resigns following a suggestion, whether
formal or informal, by a majority of the Council that he resign, then, in that event Escobar
may, at his option, be deemed to be "terminated" at the date of such reduction, refusal or
resignation.
C. In the event Escobar voluntarily resigns his position with the City, he will try to give the
City sixty (60) days notice in advance.
D. In the event Escobar is terminated by the Council, Escobar will also be compensated for
all earned personal leave, vacation, and sick leave to the date of termination.
E. In the event Escobar is terminated because he has been convicted of a crime, except for
minor traffic offenses, the City shall have no obligation to pay the sum specified in
Section 3(A).
Section 3. SALARY 2 ,U'~ S^ ~„'~.
A. The City Manager shall be paid an annual base salary ~ $9$2;860 in installments at the
same time as other management employees of the City are paid.
B. The City will increase the base salary and benefits of Escobar in such amount and to
such extent as the Council may determine is desirable on the basis of an annual salary
review.
Section 4. PERFORMANCE EVALUATION
A. The Council shall review and evaluate the performance of the City Manager at least
once annually in advance of the adoption of the annual operating budget. Said review
and evaluation shall be in accordance with specific criteria developed jointly by the City
Council and the City Manager. Said criteria may be added to or deleted from as the
Council may from time to time determine, in consultation with Escobar.
B. Annually, the City Council and City Manager shall define such goals and performance
objectives as they determine necessary for the proper operation of the City of Corpus
Christi and which achieve the Council's policy objectives, and they shall further establish
a relative priority among those various goals and objectives, said goals and objectives to
be reduced to writing. They shall generally be attainable within the time limitations as
~pecified~nd~he~nnualbperating-and capital budgets and appropriations-provided - -
C. In effecting the provisions of this Section, the City Council and the City Manager will
abide by the provisions of all applicable laws.
Employment Conditions & Salary for City Manager'Angel R. Escobar Page 2 of 5
Section 5. HOURS OF WORK
It is recognized that the duties of the City Manager require a great deal of time outside of normal
work hours. It is also recognized that the City Manager is required to devote the amount of time
necessary to carry out those duties with the highest amount of professionalism, further that the
City Manager may be called upon twenty-four (24) hours a day, seven (7) days of the week to
discharge his duties. That being the case, the City Manager is authorized to take periods of
personal time off during business hours when it is appropriate and when his duties allow. This
personal time off is not considered vacation.
Section 6. OUTSIDE ACTIVITIES
The City Manager may engage in limited non-City connected activities such as teaching, writing,
counseling or consulting outside of the normal business hours of the City. The City Manager
shall not engage in any such activities during the normal business hours of the City, except
while on vacation or with the approval of the Mayor. Any non-City connected activities covered
by this section may only be engaged in with advance approval of the City Council for the
specific activity.
Section 7. AUTOMOBILE
A. The City Manager is required to be available to discharge his duties twenty-four (24)
hours a day. The City Manager's duties require that he have access to a vehicle for City
business. The City shall grant to the City Manager a car allowance of $600 per month.
Escobar shall be responsible for the purchase, maintenance, insurance, taxes and any
other expenses associated with said vehicle.
B. The City will reimburse the City Manager for mileage travel outside of Nueces County on
City business at the same rate set for other City employees who receive monthly
automobile allowances.
Section 8. VACATION LEAVE
Escobar will accrue vacation at the rate of four (4) additional days to those specified for other
Executive employees of the City, up to a maximum of sixty (60) days, plus the current annual
accrual rate during the calendar year. Vacation accrual that exceeds sixty (60) days as of the
last pay period of the calendar year will be forfeited if not used prior to that date. The Mayor
may authorize exceptions based upon extraordinary circumstances, work requirements or other
purposes deemed beneficial to the City service. Upon resignation all accrued vacation will be
paid~tthefult hoarly-rate afthe C-ity manager's compensation. - -- -
Section 9. SICK LEAVE
Escobar will accrue sick leave at the rate of three (3) additional days to those specified for other
Executive employees of the City, up to a maximum of one hundred twenty (120) days. Upon
resignation, a maximum of ninety (90) days accrued sick leave will be paid at the full hourly rate
of the City Manager's compensation.
Employment Conditions & Salary for City Manager'Angel R. Escobar Page 3 of 5
Section 10. RETIREMENT
The City will execute all necessary agreements provided by the International City Manager's
Association -Retirement Corporation (ICMA-RC) for employee participation in said ICMA-RC
retirement plan. The City shall contribute full participation annually to said plan, and transfer
ownership of the plan to succeeding employers upon Escobar's resignation or discharge. All
sums contributed to said plan shall be in addition to Escobar's base salary.
Section 11. PROFESSIONAL EXPENSES
A. The City will budget and pay for travel and subsistence expenses of the City Manager for
professional and official travel meetings and occasions adequate to continue the
professional development of the City Manager and to adequately pursue necessary
official functions for the City, including but not limited to the ICMA Annual Conference,
the state league of municipalities and such other national, regional, state and local
government groups and committees thereof which Escobar serves as a member.
B. The City will budget for and pay for travel and subsistence expenses of the City Manager
for short courses, institutes and seminars that are necessary for his professional
development and for the good of the City.
C. The City will budget and pay for the professional dues and subscriptions of the City
Manager necessary for his continuation of full participation in national, regional, state
and local associations and organizations necessary and desirable for his continued
professional participation, growth and advancement as City Manager and for the good of
the City.
Section 12. GENERAL EXPENSES
The City recognizes that certain expenses of non-personal and generally job affiliated nature will
be incurred by the City Manager and will budget and pay for said general expenses upon
receipts of duly executed expenses or petty cash vouchers, receipts, statements or personal
affidavits.
Section 13. INDEMNIFICATION
To the extent permitted under state and local law, the City shall defend, save harmless, and
indemnify Escobar 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
~erfom~anee~ffseabars duties~s~ity Manager. The City will compromise~nd-settle-any
such claim or suit and pay the amount of any settlement or judgment rendered thereon, to the
extent permitted by law.
Employment Conditions & Salary for City Manager'Angel R. Escobar Page 4 of 5
Section 14. BONDING
The City shall bear the full cost of any fidelity or other bonds required of the City Manager under
any law or ordinance.
Section 15. OTHER TERMS AND CONDITIONS OF EMPLOYMENT
A. The Council, in consultation with Escobar, shall fix any such other terms and conditions
of employment, as it may determine from time to time, relating to the performance of
Escobar, provided such terms and conditions are not inconsistent with or in conflict with
the City Charter or any other law.
B. All provisions of the City Charter and code and regulations and rules of the City relating
to vacation and sick leave, retirement and pension system contribution, holidays, and
other benefits and working conditions as they now exist or hereafter may be amended or
enacted, shall also apply to the City Manager as they would to other employees of the
City, except to the extent increased or altered for the benefit of the City Manager as
provided herein.
Section 76. GENERAL PROVISIONS
A. The text herein shall constitute the entire provision for conditions of employment and
compensation for the City Manager.
B. This document shall be binding upon and inure to the benefit of the heirs at law and
executors of Escobar.
C. If any provision, or any portion thereof, contained in this document 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 force and
effect.
D. This appointment of Angel R. Escobar as City Manager shall become effective
commencing / 2~ / ~.~/ o X
ACCEPTED IN CONSIDERATION OF THE FOREGOING THIS ~ $ DAY OF ~e('e~n~i r, 2008:
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'Angel R. Escobar, P.E.
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~~ ~ SECRPTARY