HomeMy WebLinkAboutM2010-217 - 09/14/2010MOTION 0911 4120 1 0
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Motion to agree to the retirement and approve an amendment to the employment
conditions and salary for City Manager `Angel R. Escobar.
ATTEST:
Armando Chapa, City Secretary
Joe Ad e, Mayor
City of Corpus Christi
M2010-217
IAIDEXEO
~~ TO: Honorable Mayor and Members of the City Council'
,~, ~ FROM: `Angel R. Escobar, City Manager sir
o : ~1,~~~
DATE: August 31, 2010
City of
C~rpL~S SUBJECT: Retirement
Christi
Over the past week, rumors have been circulating about my possible resignation as City
Manager. While rumors like this are always unfortunate, they did have one positive
effect. As mast of you know, I have been discussing the possibility of retirement and my
future plans with my family and close friends for some time. With the completion of the
'Angel R. Escobar budget and tax issues this week along with several other key projects, I have taken a
ciTY MAhIAGER fresh look at the. different options both far me and for the City.
PO Box 9277 During the last two years of my time as City Manager, the City has faced a lot of
challenges, including being caught up in a nationwide recession. While we have been
Corpus Christi faced with many hard choices, we have weathered the storm well with the Council and
Texas 784G9-9277 staff working closely together. The number of staff eliminations and substantial
Phone 361-826-3220 reductions in the budget over the past two years has been unprecedented, and 1 wish to
Fax 361-880-3839 thank all of you and the staff in working together to make those very diffrcuit choices.
www.cctexas.co~n We are welt on our way to completion of the projects from Bond Election 2008, we
successfiully dealt with the Coliseum issue, we have completed the first phase of the
realignment of Shoreline Drive, we are near completion of the new ball fields an the
Southside in order #o pave the way for the University expansion, and the list goes on. As
an engineer, I have taken a particular interest in successfully completing what really is
an historic number of public works projects ranging from streets to sewer plants to ball
fields, and I am very proud that our City has made so much progress in spite of the
adverse economic conditions. The list of accomplishments that this City has attained
during my tenure is long and is a testament to the great professionals with whom I have
had the privilege #o work.
Over the past week, I have talked with the Mayor and several of the Council Members
and I have found that those of you I have talked to support my decision to move forward
wi#h the process of my retirement. I would like to schedule my retirement for Tuesday,
January 4, 2011, subject to the approval of the Council of a retirement agreement. I look
forward to working with the Mayor and the City Attorney in finalizing an agreement to
bring to the Council at your next meeting on September 14. I believe scheduling a
retirement date within 120 days will give the Council sufficient time to search for a new
City Manager and help provide for a smooth transition.
I lave the City of Corpus Christi, and my decision comes after much soul searching and
discussion with my family as well as members of the Council. We have accomplished
much and I pledge to the Council that I will continue to do my absolute best for the next
few months and will stand ready to assist a new City Manager in any way possible
during the transition and in the years ahead.
'~III~
AMENDMENT TO EMPLOYMENT CONDITIONS
AND SALARY FOR CITY MANAGER `ANGEL R. ESCOBAR
This Amendment amends those Employment Conditions and Salary for City Manager
`Angel R. Escobar adopted. by the City of Corpus Christi ("City") pertaining to the employment
of `Angel R. Escobar {"Escobar"} effective as of December 16, 200$.
WHEREAS, Escobar has indicated a desire to retire from his position as City Manager of the
City effective January 4, 2011; and
WHEREAS, the City concurs in the decision that he retire from his position as City Manager
on such date;
NOW, .THEREFORE, the City and Escobar agree to the following additional terms and
conditions in modification of the original Employment Car-ditions described above.
1. Retirement Date. Escobar hereby agrees to resign from his employment with the
City as its City Manager effective as of the close of business at 5:00 p.m. on Tuesday, January 4,
2011. Escobar shall continue to serve as City Manager through such date and continue to fulfill all
of the conditions of his employment. Upon 5:00 p.m. on Tuesday, January 4, 2011, Escobar's
employment shall cease without any further action on his part or on the part of the City Council.
2. Return of Ci Pro a By the close of business on his retirement date, Escobar
shall return to the City any City property or confidential information Escobar has in his possession.
Escobar shall cease using any City telecommunications devices, services or email accounts effective
as ofthe close of business on such date.
3. Em to ent Benefits. Upon his retirement, Escobar will receive information
regarding his rights to health insurance continuation and retirement benefits. Nothing in this
Amendment will impair any of those rights that Escobar may have.
4. Ad'ustments in Connection with A ointment of New Ci Mana er. {a) In the
event that the City appoints a new City Manager prior to the above retirement date, Escobar agrees
to work with such City Manager in order to assure a smooth transition. During such transition,
Escobar shall relinquish the title of City Manager and perform as an Assistant City Manager or other
administrator of the City..During such transition period, the compensation and benefits of Escobar
shall remain. unchanged through the above retirement date..
{b) In the event of any delay in the appointment of a new City Manager, the City may
request a postponement of the retirement date provided above. Any such postponement shall be
mutually approved by the City Council of the City and Escobar, and the retirement date shall be
adjusted with all of the terms and conditions of this Amendment remaining in place and effective as
of the new retirement date.
5. Future Relationship with City. Nothing in this Amendment shall prevent Escobar
from performing any future engineering or other managerial services for the City on such terms and
conditions as agreed by Escobar and the City. Escobar agrees to remain available for such services
on such reasonable terms and conditions as maybe agreed by the parties.
6. Retirement Pa ent by the City. In consideration of Escobar's acceptance of the
terms and conditions of this Amendment including the release provisions in Section 7 below, within
ten (10) days following the date of his retirement the City will pay Escobar, in a lump sum, an
amount equal to six (6} months aggregate salary and benefits under Sections 7, 8, 9 and 10 of the
Employment Conditions, less required payroll deductions. Escobar shall be paid his normal earned
salary through January 4, 2011, and any accrued but unused personal leave pay in accordance with
City's normal personnel policies and procedures.
7. Release of An and All Claims. In consideration of the City's agreements under this
Amendment, Escobar waives and releases and promises never to assert any and all claims that
Escobar has or might have against the City and its officers, directors, agents, attorneys, employees,
representatives, and successors, arising from or related to Escobar's employment with the City
through and including the date of his acceptance of this Amendment. The claims Escobar agrees to
release include, but are not limited to, alI claims arising under any federal, state or local law, whether
statutory ar common law, such as the Family and Medical Leave Act, the Age Discrinunatiozt in
Employment Act, Title VII of the Civil Rights Act, the Americans With Disabilities Act, Chapter 21
of the Texas Labor Code, Chapter 4S 1 of the Texas Labor Code, the Fair Labor Standards Act, the
Employee Retirement Income Security Act, Section 1981 of Title 42, United States Code, including
any amendments to these statutes, all claims relating to protections for employees, and all claims
arising under the Iaw of contract and tart. Upon and effective as of the retirement date, the City may
obtain from Escobar confirmation that the above release extends through and including the
retirement date. Such confirmation may be required as a condition of release of the retirement
payment provided above. In the event such confirmation is not obtained, the terms and conditions of
this Amendment shall terminate and shall be of no further force or effect.
8. Older Worker Protection Act Provisions. This section is required by the Older
Workers Benef t Protection Act and applies because Escobar is over 40 years of age: Escobar has
up to twenty-one (21) days from the date the City approves this Amendment to accept the terms of
this Amendment; however, Escobar may accept it at any time within those 21 days. Escobar is
advised to consult an attorney about this Amendment. Once this Amendment is executed by
Escobar, Escvbar will still have an additional seven (7) days in which to revoke his acceptance. To
revoke, Escobar must send the City Attorney at the City's principal address of 1201 Leopard Street,
Corpus Christi Texas 7'8401, a written statement of revocation by hand delivery or registered mail,
return receipt requested, to be received by the City by the eighth ($th} day after the date of Escobar's
acceptance. If Escobar does not revoke, the eighth (8th) day after the date of Escobar's acceptance
will be the "effective date" of this Amendment.
9. Understanding o#'-Parties. Escobar acknowledges that Escobar has completely
read this Amendment and that prior to accepting it, has had sufficient opportunity to examine it
and understand it fully. Escobar further acknowledges that Escobar has agreed to each provision
of this- Amendment voluntarily and without coercion; that Escobar has had the opportunity to
consult with an attorney regarding this Amendment; and that Escobar executes this Amendment
with full knowledge and understanding of its terms and effect. Escobar further agrees that
Escobar has not been promised any benef is or consideration other than those specifically set out
in this Amendment, and that there are no other understandings or Amendments, oral or written,
which constitute a part of the Amendment of the parties.
10. Acceptance of Amendment. If Escobar agrees to the above terms and conditions,
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Escobar must sign this Amendment in the space. provided below and return it to the City. For the
purposes of Section S above, Escobar must indicate the date of his signature in the space
provided.
Dated: As of the "effective date" defined in Section S above.
ATTEST:
~ D~~-~~
c
Armando Chapa, City Secretary
CITY OF CORPUS CHRISTI, TEXAS
Joe A e, Mayor
APPROVE~AS TO LEGAL FORM:
September , 2010.
Carlos Valdez, City Attorney
ACCEPTED:
i
.~
` gel .Escobar, City Manager
Date of Acceptance: ~~ /p
r "[a~ ~~ ~ AU'I#~RII~~
~~
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