HomeMy WebLinkAboutC2016-010 - 2/9/2016 - Approved AMENDED EMPLOYMENT AGREEMENT FOR CITY MANAGER
OF THE CITY OF CORPUS CHRISTI (i
This Amended Employment Agreement ("Agreement"), made and entered into this "I of
February, 2016 ("Effective Date"), by and between the City of Corpus Christi, a municipal
corporation, (hereinafter called "City") and Ronald L. Olson, (hereinafter called "Employee"),
amends and restates that original Employment Agreement between the City and Employee and
provides as follows:
Section 1: Term.
1.01. The City employs the Employee as the City Manager and the Employee accepts
employment as City Manager for the City for a term ending on May 2, 2019, subject to early
termination, renewal or modification by the City or the Employee as provided in Sections 9, 10,
and 11 of this Agreement.
Section 2: Duties and Authority.
2.01. The Employee, as the City Manager, shall be the chief administrative and executive
officer of the City, and the Employee agrees to perform the functions and duties specified in
Article III of the Charter of the City attached hereto as EXHIBIT A and other legally permissible
and proper duties of the position of the City Manager, including those lawfully directed by the
City Council, and 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 City Council of the City and the Employee acknowledge their respective roles under
the City Charter of the City in a council-manager form of government and agree to work
cooperatively within the process of a public entity in the furtherance of the goals of the City.
2.03. The Employee further agrees to be bound by the Corpus Christi Code of Ethics and the
Code of Ethics Guidelines of the International City/County Management Association (ICMA), as
may be amended from time to time. A copy of the ICMA Code of Ethics is attached hereto as
EXHIBIT B.
2.04. 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 continue to be paid his current annualized salary of
$237,646, payable every two weeks in the manner provided for City employees generally.
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 City, based on his
successful completion of specified goals established by the City Council.
3.03. The City 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
bonus, at the City's discretion.
3.04. This Agreement shall be automatically amended to reflect any salary adjustments that
are provided.
2016-010
2/09/16
M2016-018 :ity Manager of the City of Corpus Christi Page 1 of 9
Ronald L. Olson INDEXED
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
UPON TERMINATION OR RETIREMENT), a true and correct copy of which is attached hereto as
EXHIBIT C; provided that, the maximum amount shall not exceed the sum of the "normal limit"
and the "age 50 catch-up limit" provided under Section 457 of the Internal Revenue Service of
1986, as amended.
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 the City 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 City 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 to once per calendar year to a
physical examination paid for by the City, as described in HR 23.0, 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 City 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 City agrees to put into force and make 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 City 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 City's Benefit Plan, the
terms herein control.
5.02. The Employee shall continue to be credited with 31 years of service for purposes of
establishing the level of his eligibility for sick and vacation leave. The Employee shall continue
to accrue sick and vacation leave on the same basis as other City employees, but with unlimited
carry-over and accrual and 100% pay out of accrued time upon termination of employment.
5.03. Upon commencing employment, the Employee was provided 10 sick days, and
Employee shall continue to accrue sick days in accordance with City policy.
Amended Employment Agreement for City Manager of the City of Corpus Christi Page 2 of 9
5.04. The Employee is entitled to accrue leave and to be compensated for all accrued leave,
on the same basis as other similarly-situated City employees, in accordance with the City's
policy in effect at the time, unless such right is expressly negated by the terms of this
Agreement.
5.05. The Employee shall be entitled to military reserve leave time pursuant to the provisions
of the City's policy, and consistent with state law and federal law.
5.06. 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 City agrees to pay 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 attended to the purchase, operation, maintenance, repair, and regular replacement
of said vehicle.
6.03. The City 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 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 City agrees to enroll the Employee into the Texas Municipal Retirement System
("TMRS") 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. The City 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 the Employee and to pursue necessary
official functions for the City in such national, regional, state, and local governmental groups
and committees in which the City determines it is in the best interests of the City that the
Employee serve as a member.
8.02. The City expressly agrees to budget for membership dues in and to pay for travel and
subsistence expense of the Employee for professional and official travel, meetings, and
occasions to adequately continue the professional development of the Employee and to pursue
necessary official functions for the City in and at the International City/County Management
Association ("ICMA") Annual Conference and meetings of the Texas City Management
Association ("TCMA").
Amended Employment Agreement for City Manager of the City of Corpus Christi Page 3 of 9
8.03. The City recognizes that certain expenses of non-personal but job-related nature are
incurred by Employee, and agrees to reimburse or to pay said general expenses. The City 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
City's reimbursement policies.
8.04. In addition, the City shall provide for the technology and communication needs of
Employee through its operations budget.
Section 9: Termination.
9.01. This Agreement is subject to termination upon any of the following:
(a) the mutual agreement of the City and the Employee;
(b) the death of the Employee;
(c) the resignation or retirement of the Employee upon at least thirty days prior
written notice by Employee;
(d) termination of the Employee for "good cause" as defined and in the manner
provided below; or
(e) termination for other than "good cause" subject to the conditions and severance
payments provided in Section 10 below.
9.02. Termination for "Good Cause." This Agreement is subject to termination for good
cause upon the affirmative vote of a majority of the governing body to terminate the Employee
at a duly authorized public meeting for one or more of the following acts of the Employee:
(a) Conviction of a felony or other crime involving moral turpitude;
(b) Indictment and commission of a felony crime;
(c) Drunkenness or excessive use of alcoholic beverages or other intoxicating
substances, including misuse of prescription medications;
(d) Illegal use of drugs, hallucinogens, or other substances regulated by the Texas
Controlled Substances Act;
(e) Intentionally falsifying official records, or accepting, soliciting or making any
bribes;
(f) Intentional theft of public or other funds or property, whether real or personal,
owned by the City or any agency or corporation thereof;
(g) Assault or battery of an officer or employee of the City;
(h) Absence from duty after exhausting the periods of leave authorized by this
Agreement;
(i) Having a permanent injury, illness or disability such that he is no longer able to
perform the essential functions of the position of City Manager with reasonable
accommodation as determined by a competent medical authority,; or
(j) Failure to perform the duties of the Employee provided under the City Charter;
provided, however, the terms and conditions of this subparagraph shall not justify
good cause unless the City Council has provided the Employee notice of such
failures and a reasonable opportunity to cure the same.
Prior to any meeting of the City Council to terminate this Agreement for good cause, the City
shall provide to the Employee written notice of such meeting setting out the grounds for
termination and the factual basis supporting such grounds for termination at least ten days
Amended Employment Agreement for City Manager of the City of Corpus Christi Page 4 of 9
prior to the meeting. The Employee shall be provided a reasonable time to respond to such
allegations at the meeting prior to any vote on such matters by the City Council.
9.03. Termination for Other Than "Good Cause." This Agreement is subject to termination for
other than good cause upon the affirmative vote of a majority of the governing body for any
reason determined acceptable to the City Council. Further, this Agreement shall be determined
to be terminated for other than "good cause" if any of the following occur:
(a) 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;
(b) If the City 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;
(c) If the Employee resigns following an offer to accept resignation, whether formal or
informal, by the City as representative of the majority of the governing body that
the Employee resign; or
(d) Failure of the City to cure a breach of contract within 30 days after the Employee's
written notice to the City of the breach of contract in accordance with the
provisions of Section 20 with a 30-day cure period.
In the event of any termination for other than good cause as provided above, the City shall be
required to pay to the Employee the severance benefits provided under Section 10 below.
9.04. Appropriation of Funds. The City represents and warrants to the Employee that the City
has sufficient funds within its reserves to pay the compensation and benefits to the Employee
for the term of this Agreement. Such funds may be appropriated within the annual operating
budget of the City for each year during the term of this Agreement, but in the event of any
termination of this Agreement for other than good cause, the severance payment required to
be paid under Section 10 below shall be payable out of the current funds and revenues of the
City.
Section 10: Severance and Other Payments.
10.01. Severance Payment. In the event of a termination for other than good cause as
provided in Section 9.03 above, the Employee shall be entitled to severance compensation of
the following amounts:
(a) The Employee's then current salary payable over the remainder of the term of this
Agreement;
(b) The additional retirement contribution to the Employee's deferred compensation
account as provided under Section 3.05 above payable over the remainder of the
term of this Agreement; and
(c) The amount of the vehicle allowance provided under Section 6.01 above payable
over the remainder of the term of this Agreement.
Notwithstanding the foregoing, in the event that less than six months remains under the term
of this Agreement, the minimum amounts of the above severance compensation shall be for a
period of six months (the "Minimum Severance Benefit").
10.02. Payment of Vacation and Sick Leave. In the event of any termination of this Agreement
pursuant to Section 9 above, the Employee shall be entitled to receive compensation for all
Amended Employment Agreement for City Manager of the City of Corpus Christi Page 5 of 9
accrued but unused sick leave and vacation leave of the Employee at his then current rate of
pay.
10.03. 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 the Employee's post-termination benefit rights pursuant to the
Consolidated Omnibus Benefits Reconciliation Act ("COBRA") or other state or federal law.
Section 11: Renewal or Modification of Agreement.
11.01. Renewal of Agreement. In the event that neither the City Council of the City nor the
Employee provide written notice to the other of the non-renewal of this Agreement by
November 2, 2018, this Agreement shall continue thereafter beyond May 2, 2019, on a month-
to-month basis subject to the Minimum Severance Benefit provided in Section 10 above.
11.02. Modification of Agreement. In the event that the Employee is announced as a finalist
for an employment position with a governmental entity or other firm other than the City
through a search process in which the Employee has participated in any active manner, the
terms and conditions of this Agreement shall be modified automatically to eliminate the fixed
term of expiration of May 2, 2019, and the Agreement shall continue on a month-to-month
basis subject to the Minimum Severance Benefit provided in Section 10 above.
Section 12: Performance Evaluation.
12.01. Each year the Employee shall submit to the City Council a preliminary list of goals for the
City. The Employee and the City Council shall work together on finalizing goals for the City,
which goals will be subject to final City Council approval. In addition, on or before February 15th
of each year, and at other times as determined by the City Council, the Employee and the City
Council shall meet and shall together develop a list of priorities within the City Council's goals
for the City. The priorities that have been developed together and approved by the City Council
must be mutually agreeable to the City Council and the Employee and shall be reduced to
writing and shall be among the criteria on which the Employee's performance will be reviewed
and evaluated and upon which any bonus may be granted. The City Council and the City
Manager agree to work together in achieving the City's goals and priorities.
12.02. The City Council, or a duly-appointed committee of the City Council, annually shall
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 the 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 City, and to that end Employee shall be allowed to establish an
appropriate work schedule.
13.02. The Employee is an exempt employee for the purposes of FLSA. The City expects the
Employee consistently to devote no less than 40 hours per week to the completion of the
duties of this position.
Amended Employment Agreement for City Manager of the City of Corpus Christi Page 6 of 9
Section 14: Outside Activities.
14.01. The employment provided for by this Agreement shall be the Employee's sole
employment.
Section 15: Maintaining Residence in City.
15.01. Employee agrees to maintain his residence within the corporate boundaries of the City.
Section 16: Indemnification.
16.01. Beyond that required under Federal, State or Local Law, the City 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 the 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 the City for the Employee, shall extend until a final determination
of the legal action including any appeals brought by either party. The City SHALL INDEMNIFY
the Employee against any and all losses, damages,judgments, interest, settlements, fines, court
costs and other reasonable costs and expenses of legal proceedings including attorney's 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 City's or the
Employee's right to invoke sovereign Immunity, official 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 City in order for
indemnification, as provided in this Section,to be available.
Section 17: Litigation.
17.01. The Employee agrees to fully cooperate in a consulting or witness capacity in any
litigation involving his actions or conduct, or as deemed necessary by the City, even if such
litigation ensues after his separation. The City agrees to pay all reasonable litigation expenses
of the Employee throughout the pendency of any litigation to which the Employee is a party,
witness or advisor to the City after the Employee's separation from employment.
Section 18: Bonding.
18.01. The City 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 City, only upon agreement with the 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.
Amended Employment Agreement for City Manager of the City of Corpus Christi Page 7 of 9
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:
(a) CITY: to the attention of the current Mayor, Mayor's Office, City Hall, 1201
Leopard, Corpus Christi,Texas 78401.
(b) EMPLOYEE: Ronald L. Olson, Attention: Ronald L. 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 City
and the Employee relating to the employment of the Employee by the City. Any prior
discussions or representation 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. Such amendments shall be incorporated and made a part of this Agreement.
21.02. This Agreement shall be binding on the City and the Employee as well as their heirs,
assigns, executors, personal representatives and successors in Interest.
21.03. This Agreement 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 affect 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
been executed by both parties subsequent to the expungement or judicial modification of the
invalid provision.
21.05. This Agreement 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 Agreement 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 of Disputes Concerning "Good Cause." In the event that the Employee
disputes the City Council's determination of good cause, resolution of such dispute shall be
made exclusively by a binding, fact-finding determination by a neutral arbitrator. Notice of
such dispute shall be provided by the Employee to the City in writing within thirty (30) days of
the termination. If the parties are unable to agree upon a neutral arbitrator within 15 calendar
days following written notice by the Employee of such dispute, the City shall request a list of
seven arbitrators from the American Arbitration Association (AAA). Within 10 calendar days
following receipt of the list of arbitrators, the parties shall select an arbitrator by each party
striking three names from the list, with the Employee making the first strike. The listed person
not stricken shall serve as the arbitrator. The arbitration shall be conducted as provided by the
Amended Employment Agreement for City Manager of the City of Corpus Christi Page 8 of 9
Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and the AAA's Employment Arbitration Rules,
except as otherwise agreed by the parties. The hearing shall be conducted as expeditiously as
possible after a reasonable time is allowed for the completion of discovery and preparation.
The City shall have the burden of proof in establishing grounds constituting good cause for
termination by a preponderance of the evidence. The arbitrator's sole responsibility shall be
the determination of whether good cause existed for the termination. Expenses of AAA and the
arbitrator shall be borne by the City and the Employee on an equal basis. THE CITY AND THE
EMPLOYEE EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND A BENCH TRIAL CONCERNING THE
DETERMINATION OF GOOD CAUSE FOR TERMINATION UNDER THIS AGREEMENT.
Section 23: Non-Solicitation of City's Employees.
23.01. The Employee recognizes that the City's employees are a valuable resource.
Accordingly, the Employee agrees that the 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 City representative or employee
and/or solicit, induce, or recruit any City representative or employee to terminate their
relationship with the City.
Section 24: Outside Counsel.
24.01. The parties acknowledge that the City, acting through its City Council, has retained John
D. Bell of the law firm of Wood, Boykin & Wolter, as outside counsel to advise the City Council
concerning matters pertaining to this Agreement. The parties acknowledge that the City
Attorney has not represented either the City Council or the City Manager in the development of
the terms and conditions of this Agreement. The approval as to form of the Agreement by the
City Attorney pursuant to the terms of the Corpus Christi City Charter is agreed by the parties
not to represent any conflict of representation by the City Attorney.
CITY OF CORPUS CHRISTI, TEXAS EMPLOYEE:
��///.%►ilk �
Mayor Nelda Ma Ron. • L. 0 -on
Date: February '��, 2016. Date: February 1/ , 2016.
APPROVED AS TO LEGAL FORM:
This /play of February, 2016.
AL,
Miles Risley, City Attorney
ST MUNCIL_.. ...i-
1
ATTEST: -- /
REBECCA W RTA SECRETA'
CITY SEC ilEfANY
Amended Employment Agreement for City Manager of the City of Corpus Christi Page 9 of 9
EXHIBIT A
TO THE EMPLOYMENT AGREEMENT
FOR CITY MANAGER
OF THE CITY OF CORPUS CHRISTI
CITY OF CORPUS CHRISTI CHARTER,
ARTICLE HI
ARTICLE III.CITY MANAGER
Sec.1.Appointment;Qualifications,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 dty 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 dty 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 dty 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.
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
ICMA 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 2004.
The mission of ICMA is to create excellence In local governance by developing and fostering professional tricot
government management worldwide. To further this mission,certain principles,as enforced by the Rules of Procedure,
shell govern the conduct of every member of ICMA,who shall:
1. Be dedicated to the concepts of effective and Credentials. An application for employmentor for ICMA's
democratic local government by responsible elected Voluntary Credentiaiing Program should be complete and
officials and beieve that professional general accurate as to all pertinent details of education,
management is essential to the achievement of this experience,and personal history. Members should
objective. recognize that both omissions and inaccuracies must be
avoided.
2.Alfrrn the dignity and worth of the eevioes rendered by
government and maintain a constructive,creative,and Professional Respect. Members seeking a management
practical attitude toward local government affairs and a position should show professional respect for persons
deep sense of social responstbitty as a trusted public formerly holding the position or for others who might be
servant. applying for the same position. Professional respect does
not prelude honest differences of opinion;it does
Guideline preclude attacking a person's motives or Integrity in order
Advice to Officials of Other Local Governments. When to be appointed to a position.
members advise and respond to inquiries from elected or
appointed officials of other bcai governments,they should Reporting Ethics Violations.When becoming aware of
Inform the administrators of those communities, a possible violation of the iCMA Code of Ethics,
members are encouraged to report the matter to ICMA.
3. 8e dedicated to the highest ideals of honor and In reporting the matter,members may choose to go on
integrity in all public and personal relationships in order record as the complainant or report the matter on e
that the member may merit the respect and confidence confidential basis.
of the elected officials,of other officiate and employees,
and of the public. Confidentiality. Members should not discuss or divulge
information with anyone about pending or completed
Guidelines ethics cases,except as specifioslly authorized by the
Public Confidence. Members should conduct Rules of Procedure for Enforcement of the Code of Ethics.
themselves so as to maintain public confidence in their
profession,their local government,and In their Seeking Employment. Members should not seek
performance of the public trust employment for a position having an incumbent
administrator who has not resigned or been officially
Impression of influence. Members should conduct their informed that his or her services are to be terminated.
official and personal affairs in such a manner as to give the
clear impression that they cannot be Improperly influenced 4. Recognize that the chief function of local government at
in the performance of their official duties. ail times is to serve the best Interests of all of the
peONe-
Appofntment Commitment Members who accept an
appointment to a position should not fall to report for that Guidefne
position. This does not preclude the possibility of a length of Service. A minimum of two years generally is
member considering several offers or seeking several considered necessary in order to render a professional
positions at the same time,but once a bone fide offer of a service to the local government. A short tenure should be
position hes been accepted,that commitment should be the exception rather than a moaning experience.
honored. Oral acceptance of an employment offer is However,under special circumstances,it may be in the
considered binding unless the employer makes best Interests of the local government and Ike member to
fundamental changes In terms of employment 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 participate In fund-raising activities for Individuals
severe personal problems. It is the responsibility of an seeking or holding elected office.
applicant for a position to ascertain conditions of
employment Inadequately determining terms of Elections on the Council-Manager Plan. Members may
employment prior to arrival does not Justify premature assist in preparing and presenting materials that explain
termination. the counciMlanager form of government to the public prior
to an election on the use of the plan_ If assistance is
6. Submit policy proposals to elected officials;provide required by another corrsnunfiy,members may respond,
them with facts and advice on matters of policy as a Al activities regarding ballot issues should be conducted
basis for making decisions and seting community Within local regulations and In a professional manner,
goals;and uphold and implement local government
policies adopted by elected officlals. Presentation of Issues. Members may assist the
Guideline such
body In presenting Issues involved In referenda
such as bond issues,annexations,and similar matters.
Conflicting Roles, Members who serve multiple roles—
working as both city attorney and city manager for the 6. Make It a duty oonttnuatly to improve the members
same community,for example—should avoid participating professional ability and to develop the competence of
M matters that create the appearance of a conflict of associates in the use of management techniques.
Interest They should disclose the potential conflict to the
governing body so that other opinions may be solicited. Guide&rea
Self-Assessment. Each member should assess his or
6.Recognize that elected representatives of the people her professional skills end abilities on a periodic basis.
are entitled to the credit for the establishment of local
government polies;responsibility for policy execution Professional Development Each member should
rests with the members, commit at least 40 hours par year to professional
development activities illative based on the practice$
7.Refrain from al political activities which undermine identified by the members of ICMA,
public confidence in professional aakninistrators. Refrain
from participation in the election of the members of the 9. Keep the community Informed on local government
employing legislative body. WWI;encourage communication between the citizens
and all local government officers;emphasize friendly
Guidelines and courteous service to the public;and seek to
Elections of the Governing Body. Members should improve the quality and Image of public service
maintain a reputation for serving equally and impartially all
members of the governing body of the local government 10.Resist any encroachment on professional
they serve,regardless of party. To this end,they should responsbildes,believing the member should be free to
not engage in active participation in the election campaign carry out official policies without interference,and
on behalf dor in opposition to candidates for the handle-each problem without discrimination on the
governing body. basis of principle and justice.
Elections of Elected Executives, Members should not Guideline
engage in the election campaign of any candidata for Information Shirring. The member should openly share
mayor or eieded county executive. Information with the governing body while diligently
carrying out the members respona(bliles as set forth In
Running for Office. Members shall not run for elected the charter or enabling legislatioon.
office or become involved in political activities related to
running for elected office.They shall not seek political 11. Handle ail matters of personnel on the basis of merit
endorsements,financial contributions or engage in other so that fairness and(mparttalty govern a members
campaign activities. decisions pertaining to appoinlmeenta,pay
a4Juebnents,promotions,and discipline.
Elections. Members share with their fellow citizens the
right and responsibility to vote and to voice their opinion Guideline
on public issues. However,in order not to Impair their Equal Opportunity. Al decisions pertaining to
effectiveness on behalf of the local governments they appointments,pay adjustments,promotions,and discipline
serve,they shall not participate In political activities to should prohibit discrimination because of race,color,
support the candidacy of individuals running for any city, religion,sex,national origin,sexual orientation,political
county,special district,school,state or federal offices. afWation,disabwty,age,or medial status.
SpecNkally,they shall not endorse candidates,make .
flnandal contributions,sign or circulate petitions,or
It should be the members'personal and professional
responsibility to actively recrui and hire a diverse staff Personal Relationships. Members should disclose any
throughout their organizatiots. personal relationship to the governing body In any instance
where there could be the appearance of a confict of
12. Seek no favor,believe that personal aggrandizement Interest For example,If the manager's spouse works for a
or profit secured by confidential Information or by developer doing business with the local government,that
misuse of public the is dishonest fact should be disclosed.
Guidelines Confidential information. Members should not disclose
Ghia, Members should not dkecay or Indirectly solicit any to others,or use to further their personal interest,
gift or accept or receive any gift—whether It be money, confidential Information acquired by thorn in the course of
services,loan,travel,entertainment,hospitality,promise, their oflulel duties. .
or any other form—under the following circumstances: (1)
It could be reasonably inferred or expected that the gift Private Employment. Members should not engage In,
was Intended to Influence them in the performance of their solicit,negotiate for,or promise to accept private
official duties;or(2)the gift was Intended to serve as a employment,nor should they render services for private
reward for any official action on their part. Interests or conduct a private business when such
employment,service,or business creates a conflict with or
It is Important that the prohibition of unsolicited gifts be Impairs the proper discharge of their official duties.
limited to dreumatances related to Improper influence. in
de rnirfrmrs situations,such as meal checks,same modest Teaching,lecturing.Writing,or consulting are typical
maximum dollar value should be determined by the acclivities that may not Iwotve conflict of interest,or impair
member ase guideline, The guideline is not Intended to the proper discharge of their official duties. Prior
Isolate members from normal social practices where gilts notification of the appointing authority Is appropriate in all
among friends,associates,and relatives are appropriate cases of outside employment
for certain occasions.
investments in Conflict with Official Duties. Member outsideRepresentation.
sImnt�before any�a gouty noth whether
any
should not investor hold any investment,directly orwhether puelic or
private,except with the authorization of lir et the direction
Indirectly,In any flnancial_business,commercial,or other of the appointing authority they serve.
private b nsaction that creates a conflict with their official
duties. Endorsements. Members should not endorse
commercial products or services by agreeing to use their
in the case of real estate,the potential use of confidential photograph,endorsement,or quotation In paid or other
Information and knowledge to further a member's personal commercial advertisements,whether or not for
Interest requires special consideration. This gukieline compensation. Members may,however,agree to endorse
recognizes that members'official actions end decisions the following,provided theydo not receive any
can be Influenced if there is a conflict with personal compensation: (1)Woke or other publications;(2)
investments. Purchases and sales which might be professional development or educational services provided
interpreted as speculation for quick profit ought to be by nonprofit membership organizations dr recognized
avoided(see the guideline on"Confidential Information"). educational Institutions;(3)Products and/or services In
which the bcaf government has a direct economic interest.
Because personal investments may prejudice or may
appear to influence official actions and decisions, Members'observations,opinions,and analyses of
members may,in concert with their governing body, commercial products used or tasted by their focal
provide for disclosure of such investments prior to governments are appropriate and useful to the profession
accepting their position as local government administrator when Included as part of professional articles and reports.
or priorto any official action by the governing body that
may affect such Investments.
EXHIBIT C
TO THE EMPLOYMENT AGREEM ENT
FOR CITY MANAGER
OF THE CITY OF CORPUS CHRISTI
HR 17.0 (DEFERRED COMPENSATION-DRAG-UP
PAY UPON TERMINATION OR RETIREMENT)
(REVISED 03/16/091
ORIGINAL
City of
Corpus
Christi City Policies
•
SUBJECT: DEFERRED COMPENSATION-.DRAG UP PAY NO. 11R 17.0
UPON TERMINATION OR RETIREMENT
REVISED: 11/24/98
REVISED: 09/16103
REVISED: 05//6104
REVISED: 03116108
Y APPROVED: , / w DATE: /!fes''
R.Escobar,City Manager
I. PURPOSE
The purpose of this policy is to provide eligible employees with optione to receive or defer
compeneation 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 1Drag-ur pay.
IL SCOPE
This policy applies to all City employees eligible to participate h deferred compensation plans
offered by the City.
This policy is governed by, and subject to, Section 467 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 end applicable regulations, the provisions of the IRC and the regulations, as
amended,shall control.
!IL 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 dreg-up pay through participation in one or more deferred compensation plans offered to
employees by the City of Corpus Chrtstl. These plans are established under Section 467 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 6
Upon Termination or Retirement
IV. DEFERRED COMPENSATION PROVISIONS GENERAL RULES
Under IRC Section 457,each calendar year an employee may generally defer receipt and taxation
of compensation up to a maximum of(a) 100% of hlelher Includible compensation or (b) a fixed
dollar amount that is set each year, whichever la 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 RET1REMENT DATE
a. IRC Section 467 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)ending before the year
the employee reaches normal retirement age. No 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' la 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
i4 and not earlier than the age at which the employee may retire without the consent
of the City and receive immediate retirement benefits under hia/her applicable
retirement pien 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 end data 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 ptapose 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 helshe 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 compeneetion that was eligible to be
deferred In prior years,and(2)the compensation that was actually deferred in prior years,
UR 17.0 Deferred Compensation—Drag-Up Pay Page 2 of t3
Linnn Tprminatlnn nr Retirement
e. An employee'e catch-up contribution based on hlslher underutilized Brit In prior years cannot
exceed the amount permitted by Section 457 and tha Treasury regulations thereunder (two
times the normal fixed dollar amount in effect for that calendar year.
f. 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 hie/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 permNted 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 4137 AFTER
ATTAINING AGE 80
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 Brit.
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 60 eddltionai'contrfbution
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.
VII. 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 Poke 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 hle/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 16, 2010
end 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 hie/her drag-Up pay election form an 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 Writ
as long as the deferral occurs before the termination of his/her employment.
c. An employee who wishes (1) to receive or deter 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 VIII 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.
1. The employee should contact a representative of the applicable deferred
compensation plan for assistance in obtaining the certification and completing the
forma required by the IRS and the applicable deterred compensation plan.
2. The certification must state the calendar year(s)in which a catch-up deferral can be
made,
•
3. The Human Resources Department will verity the amount of drag-up pay which is due
to the employee as of the date of the election.
VIII. REQUESTING 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 8
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 calender 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
precedleg 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)elves notice of his/her retirement or termination, or(2)retires or
terthinates,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
offered as a benefit to City employees. This In no way obligates the City for liability that may arise
from any individual employee'e 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 POUCY
Questions regarding this policy shall be directed to the Director of Human Resources,or designee,
who may be contacted at 381-828-3315
HR 17,0 Deferred Compensation—Drag-Up Pay Page 5 of 8
Upon Termination or Retirement
CITY OF CORPUS CHRISTI
ELEC11ON FORM FOR DEFERRED COMPENSATION OF DRAG-UP PAY
Employee Name: ID#:
Department:
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
I 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 calender 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
deterred amounts.
Employee Signature Date
APPROVED BY:
Director of Human Resources: Date:
Employee's Department Director: Date:
Assistant City Manager: Date:
City Manager. Date:
HR 17.0 Deferred Compensation--Drag-Up Pay Page 6 of 8
Upon Termination or Retirement
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
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 361-828-3300 with any questions you may have concerning
your employee benefit options.
VACATION LEAVE ACCRUAL:
Years of Service Hours Per Year
Less than 6 years of service 88 Hours
Beginning the 8th year 104 Hours
Beginning the 11111 year 120 Hours
Beginning the 161,year 144 Hours
Beginning the 21st Year 168 Hours
Beginning the 28th year 200 Hours
Beginning the 31"year 240 Hours
a Annual carryover limited to 30 days
a Vacation buyback up to 6 days if 15 days are accrued and 5 days are used In calendar year
a Up to maximum of 30 days paid at termination,retirement,or death
o 12 months of service with City required before vacation is paid at termination
a Probationary Period must be completed before vacation accrual is used
SICK LEAVE:
o 12 days per calendar year(based on 8-hour shift)
a 1380 hours carried overyear.to year
o No hours paid at termination
a Up to 720 accrued hours cashed-In for up to 360 hours of pay at disability/service retirement
or upon death
a Buyback of up to 4 days at 60%if 240 hours are accrued and 32 or less hours were used In
the previous calendar year
PERSONAL LEAVE:
a 40 personal leave hours granted to employees in payroll on August 1 of each year
a Days scheduled and used like vacation leave
HOUDAY LEAVE:
o 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:
a Military Leave up to 16 calendar days per year
a Jury Duty Leave
RETIREMENT:
o Texas Municipal Retirement System
o Automatic enrollment
a 6%contributed by employee
a City contribution actuarially determined
o 5-year vesting
o Eligibility for retirement
✓ Age 60 with S years of service
✓ 20 years of service at any age
DEFERRED COMPENSATION PLANS:
o Two plans offered(ICMA and Nation Wide Retirement Solutions)
a No City contribution
HEALTH INSURANCE:
o Coverage effective as of date of hire
o Enrollment must be completed by 31'r date of hire
a City pays portion of bi-weekly premium
a Choice of 2 plans: Citicare or Alternate Choice(Civilian employees only)
DENTAL INSURANCE:
a Coverage effective as of date of hire
a Enrollment must be completed by 31"date of hire
a Choice of 2 plans:Basic or Expanded Plan
TERM LIFE INSURANCE COVERAGE:
o $10,000 group term Insurance with AD&D paid for at City's expense
o Supplemental and optional term life at group rates available at employee's expense
o Spouse and/or child life insurance at group rates available at employee's expense
DISABILITY INSURANCE:
o Mandatory participation in disability income protection plan
o Shared cost between City and employee
o Choice of Long Term coverage only or combination short term and long term
a Choke of 4 plane
EMPLOYEE ASSISTANCE PRORAM:
o Three confidential visits for counseling services paid for by City
a Covers employee,spouse and dependent children
o Choke of two convenient locations
OTHER OPTIONAL BENEFITS AT EMPLOYEE'S COST:
a Corpus Christi Dental Plan—discount dental
o Amerkas—discount vision plan
o Cancer Coverage for employee and family
o HeartlStroke Coverage
CAFETERIA PLAN(PREMIUM ONLY PLAN)
o Premiums for health, term life, self-funded dental insurance deducted before federal taxes
are calculated
a May increase employee's take home pay
FLEXIBLE SPENDING ACCOUNT
a Plan Year Is August 1 through July 31
a Use pre-tax dollars to pay for:
✓ Out-of-pocket medical expenses
✓ Day care expenses for child and/or elder care
I Use pre-tax dollars for reimbursement of health, dental or vision insurance premium
through source other than City of Corpus Christi
a Maximum annual deduction of$8,520 for medical expenses
a Maximum annual deduction of$5,000 for day care expenses
Employee Health Insurance
Si-Weekly Premiums
Plan Year 8-01-10 through 7-31-11
Coverage Employee Only Employee& Employee& Employee 8c
Spouse Child Family
Citicare $29.24 $130.72 $111.05 $190.21
Citicare $58.60 $190.52 $16495 $267.86
Premium
Citicare Fire $85.12 $225.86 $197.06 $312.72
Citicare Public
Safety $0 $12138 $96.61 $196.37
Dental Care(Civilian employees only)
Dental Basic $12.46 $25.92 $19.94 $34.89
Dental $19.75 $39.48 $30.71 $53.74
Expanded
This Is a sununary of genual benefits. Some benefits vary
between executive level,Civilian,Fins and Police personnel.
Rev:9/14/2010
EXHIBIT E
TO THE EMPLOYMENT AGREEMENT
FOR CITY MANAGER
OF THE CITY OF CORPUS CHRISTI
HR 23.0 (EXECUTIVE PHYSICAL EXAMINATION)
(REVISED 04/12/051
City ofCorpus Ci
Christi
ty Policies
SUBJECT: 'EXECUTIVE PHYSICALEXAMINATIONS NO. HR 23.0
EFFECTIVE: 1. azt 1999
REVISED: 0411 9RG
APPROVED: DATE: 'i 2./r2S
e K.Noe,City Manager
I. PURPOSE
The purpose of this policy is to provide an enhanced health care benefit for eligible
employees,the Mayor and City Council members, and define the specific procedures
covered under the annual executive physical examination.
II. SCOPE
This policy apprise to all City employees in the Executive Pay Plan,the Mayor and City
Council members.
11. ANNUAL PHYSICAL EXAMINATIONS
Employees In the Executive Pay Plan,the Mayor and City Council members era 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:
• Audlogram
• Cardiac Risk Assessment
• CBC(blood test)
• Chem 20(blood test)
• Electrocardiogram
• HIV Screen
• Occult Blood
• Prostatlo Specific Antigen
• Pulmonary Function Test
• TH Tine
• Thyroid Secreting Hormone
HR 23.0 Executive Physical Examinations Page 1 of 2
Appointments for physical examinations can be made directly by the eiigibie employee.
Mayor or Council Member by contacting the City's contracted medical clink:, Concentra
Medical Centers at 852-8255. The clinic is located at 4025 8.Padre Island Drive.
Protocol for these annual physical examinations le 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 persons! physician. Should any additional tests
which were recommended be taken,the associated costs would be the responsibility of the
participant end 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 Form from the City's contracted physician, specifically
developed by the Risk Management Department. This notification will be used to
reconcile related billings far these exarninatia.
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 3611628-3315.
HR 23.0 Executive Physical Examinations Page 2 of 2