HomeMy WebLinkAbout025270 RES - 04/15/2003RESOLUTION
APPOINTING GEORGE K. NOE CITY MANAGER OF THE CITY OF
CORPUS CHRISTI, TEXAS, AND ESTABLISHING COMPENSATION FOR
THE CITY MANAGER IN ACCORDANCE WITH ARTICLE Ill, SECTION 1,
OF THE CITY CHARTER
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
George K. Noe is hereby appointed City Manager of the City of Corpus Christi,
Texas, effective April 15, 2003, pursuant to the Corpus Christi City Charter, Article III,
Section 1, with the terms and conditions of appointment as set forth in Exhibit A, attached
hereto and incorporated herein. The compensation and terms of employment provided
herein shall be in effect until changed by resolution or motion of the City Council; provided
that benefits already earned may be changed only with consent of the City Manager.
ATTEST:
Armando Chapa
City Secretary
APPROVED THIS THE DAY OF
Samuel L. hreal, Jr.
Mayor, The City of Corpu{~Christi
,2003:
Corpus Christi, Texas
The above resolution was passed by the following vote:
Samuel L. Neai, Jr. ~. /~'
Brent Chesney l~(~ ~
Javier D. Colmenero ~/.t~'
Melody Cooper ~
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
EMPLOYMENT CONDITIONS AND SALARY
FOR CITY MANAGER GEORGE K. NOE
WHEREAS, the City of Corpus Christi ("City") desires to employ the services of George
K. Noe ("Noe") as 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 Noe 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 furore security, and (3)
act as a deterrent against malfeasance or dishonesty for personal gain on the part of the City
Manager; and
WHEREAS, Noe is a member of the International City Management Association (ICMA)
and is subject to the ICMA code of ethics.
Section 1. DUTIES
The City employs Noe 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 Noe is terminated by the Council, and during such time Noe is willing and able to
perform his duties, then in that event the City agrees to pay Noe a lump sum cash payment equal to
six (6) months aggregate salary, and benefits under Sections 7, 8, and 10 (the "Severance Pay"). In
consideration of Noe's acceptance of appointment as City Manager by the City an amount equal to
the Severance Pay shall, upon Noe's written acceptance, be placed in Trust for Noe's benefits,
subject to the contingencies provided in this paragraph. Such Trust shall be irrevocable until
distributed to Noe pursuant to the contingencies stated in this paragraph, or returned to the City, if
Noe terminates from the City under cimumstances 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 Noe's then existing salary and benefits.
B. In the event the City at any time reduces the salary or other financial benefits of Noe in a greater
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 Noe herein,
or Noe resigns following a suggestion, whether formal or informal, by a majority of the Council that
he resign, then, in that event Noe may, at his option, be deemed to be "terminated" at the date of such
reduction, refusal or resignation.
C. In the event Noe voluntarily resigns his position with the City, he will try to give the City 60
(sixty) days notice in advance.
D. In the event he is terminated by the Council, Noe will also be compensated for all earned
personal leave, and vacation to the date of termination.
E. In the event Noe is t~mdnated 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
A. The City Manager shall be paid an annual base salary of $160,000 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 Noe 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 the Employee.
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 specified and the annual operating and capital budgets
and appropriations provided.
C. In effecting the pmvisious of this Section, the City Council and the City Manager will abide by
the provisions of all applicable law.
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 offis
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 $600.00 per month for providing said vehicle. Noe
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
Noe will accrue vacation at the rate of 4 additional days to those specified for other managerial
employees of the City.
Section 9. SICK LEAVE
Noe will accrue sick leave at the rate of 3 additional days to those specified for other managerial
employees of the City.
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 Noe's resignation or discharge. All sums
contributed to said plan shall be in addition to Noe'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 Noe
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 ofnonpersonal 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 Noe 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
Noe's duties as City Manager. The City will compromise and settle any such claim or suit and pay
the amount of any settlement or judgment rendered thereon, to the extent permitted by law.
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 Noe, shall fix any such other terms and conditions of
employment, as it may determine fxom time to time, relating to the performance of Noe, 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 hereat~er 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 16. 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 Employee.
C. If any provision, or any portion thereof, contained in this document is held unconstitutional,
invalid or unenfomeable, 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 appoinlment of George K. Noe as City Manager shall become effective commencing April
15, 2003.
E~ED IN CONSIDERATION OF THE FOREGOING THIS ,/5''''t'~- DAY OF
,2003: