HomeMy WebLinkAboutC2016-253 - 7/26/2016 - Approved EMPLOYMENT AGREEMENT
OF CITY MANAGER
This Employment Agreement is made by and between the CITY OF CORPUS CHRISTI,
TEXAS, a Texas municipal, home-rule corporation (the "City"), acting by and through its city
council (the "City Council"), and MARGIE C. ROSE (the Manager").
1. Duties and Authority. The City agrees to employ Manager to perform the functions
and duties of the city manager of the City as specified in the Corpus Christi City Charter, the
Texas Local Government Code and other applicable laws. Manager shall be the chief executive
officer of the City and shall faithfully perform the duties as prescribed in the job description as
set forth in the City Charter and ordinances of the City and as may be lawfully assigned by the
City Council and comply with all lawful directives, City policies, rules, ordinances, City Charter,
state and federal law, as they exist or may be amended in the future, including the following:
(a) employ on behalf of the City all other employees of the organization consistent with
the policies of the City Council, rules, ordinances, City Charter, state and federal law;
(b) direct, assign, reassign and evaluate all of the employees of the City consistent with
policies, rules, ordinances, City Charter, state and federal law;
(c) organize, reorganize and arrange the staff of the City and develop and establish
internal regulations, rules and procedures which Manager deems necessary for the
efficient and effective operation of the City consistent with the lawful directives,
policies, rules, ordinances, City Charter, state and federal law;
(d) accept all resignations of employees of the City consistent with the policies, rules,
ordinances, City Charter, state and federal law, except the Manager's resignation
which must be accepted by the City Council of the City; and
(e) perform the duties of city manager of the City with reasonable care, diligence, skill
and expertise.
All duties assigned to Manager by the City Council shall be appropriate to and consistent with
the professional role and responsibility of Manager as the city manager of the City. Manager
cannot be reassigned by the City Council from the position of city manager to another position
without Manager's express written consent. The City Council, individually and collectively,
shall refer in a timely manner all substantive criticisms, complaints and suggestions called to
their attention to Manager for study and appropriate action.
2. Term. This Agreement shall be effective as of July 12, 2016, and shall remain in full
force and effect until terminated by the City or Manager as provided in Section 10 or 13 below.
3. Attendance at Meetings. Manager or her designee shall attend, and shall be permitted
to attend, all meetings of the City Council, both public and closed, with the exception of those
closed meetings devoted to the subject of this Agreement or any amendment thereto or
Manager's evaluation or otherwise consistent with state law.
2016-253
7/26/16
M2016-088
Margie C.Rose
INDEXED
4. Compensation. The City agrees to pay Manager an annual base salary of
$220,000.00, payable in installments at the same times that the other managerial employees of
the City are paid. This Agreement shall be amended automatically to reflect any salary
adjustments that are provided or required by the City's compensation policies to include all
salary adjustments on the same basis as applied to the managerial classification of employees. In
addition, the City shall consider on an annual basis increases in compensation and performance
incentives based on the annual performance evaluation of Manager as provided in Section 14
below.
5. Health, Disability and Other Benefits. The City agrees to provide and to pay the
premiums for health, hospitalization, vision, dental, disability and life insurance for Manager and
her dependents, at a minimum, equal to that which is provided to all other managerial employees
of the City.
6. Vacation, Sick and Other Leave With Pay. Manager shall be credited with all
accrued but unused sick leave hours, vacation leave hours and personal leave hours with pay that
Manager held as a City employee prior to being selected as the city manager. Effective as of the
effective date of this Agreement, Manager shall accrue sick leave, vacation leave and personal
leave on an annual basis, at a minimum, at the same rate provided or available to any other
employees with similar years of service, under the same rules and provisions applicable to other
employees. For purposes of this Agreement, Manager shall be deemed to be a "key employee"
as defined by the Family Medical Leave Act ("FMLA"), and she shall be afforded all rights and
protections afforded by the FMLA, any amendments thereto, and the case law and regulations
interpreting FMLA.
7. Vehicle Allowance. The City agrees to pay to Manager, during the term of this
Agreement, the sum of$7,200.00 per year, in regular installments each pay period, as a vehicle
allowance to be used to purchase, lease, or own, operate and maintain a vehicle. Manager shall
be responsible for paying for liability insurance as required by law and any comprehensive or
collision insurance coverage desired by Manager upon such vehicle and shall further be
responsible for all expenses attendant to the purchase, operation, maintenance, repair, and regular
replacement of such vehicle. The City shall reimburse Manager at the City's standard mileage
rate for any business use of the vehicle beyond a 25-mile radius of the City Hall of the City.
8. Retirement. The City agrees to continue Manager as a participant in the Texas
Municipal Retirement System and make all the appropriate contributions as required for such
participation on the same basis as municipal employees generally. In addition to the base salary
paid by the City to Manager, the City agrees to pay an amount equal to $15,000.00 per year, or
the maximum dollar amount permissible under Federal and state law, if less, into a deferred
compensation plan established under Section 457 of the Internal Revenue Code designated by
Manager in equal proportionate amounts each pay period.
9. General Professional Expenses. The City agrees to budget and pay for professional
dues, including but not limited to the International City/County Management Association, and
subscriptions necessary for continuation and full participation in national, state, and local
associations necessary and desirable for Manager's continued professional participation, growth,
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and advancement, and for the good of the City. The City agrees to budget and pay for travel and
subsistence expenses of Manager for professional and official travel, meetings, and occasions to
adequately continue the professional development of Manager and to pursue necessary official
functions for the City, including but not limited to the ICMA Annual Conference, Texas
Municipal League conferences, and such other national, regional, state, and local governmental
groups and committees in which Manager serves as a member. The City also agrees to budget
and pay for travel and subsistence expenses of Manager for short courses, institutes, and
seminars that are necessary for the Manager's professional development and for the good of the
City. The City additionally acknowledges the value of having Manager participate and be
directly involved in local civic clubs or organizations and shall pay for the reasonable
membership fees and dues to enable Manager to become an active member in local civic clubs or
organizations. All of such expenditures are subject to annual budget constraints as well as state
and City ethics and purchasing policies. The City's Financial Services department is authorized
to disburse such moneys upon receipt of duly executed expense vouchers, receipts, statements or
personal affidavits.
10. Termination. For the purpose of this Agreement, termination shall occur upon the
following:
(a) If the majority of the City Council votes to terminate Manager in accordance with all
applicable laws at a properly posted and duly authorized public meeting;
(b) If the City amends any provisions of the City Charter of the City pertaining to the
role, powers, duties, authority, responsibilities of the city manager that substantially
changes the form of government, Manager shall have the right to declare that such
amendments constitute termination;
(c) If the City reduces the base salary, compensation or any other financial benefit of
Manager, unless it is applied in no greater percentage than the average reduction of
all department heads;
(d) If Manager resigns following an offer to accept resignation, whether formal or
informal, by a representative of the majority of the City Council, then Manager may
declare a termination as of the date of such offer; or
(e) If there is a breach of contract declared by either party with a 30-day cure period for
either the City of Manager (written notice of a breach of contract shall be provided in
accoitlance with the provisions of Section 22) and such breach has not been cured.
11. Severance. The following severance shall be paid to Manager when employment is
terminated as defined in Section 10 above:
(a) a severance payment equal to six (6) months' salary at then current rate of pay either
payable in a lump sum or in a continuation of salary on the existing periodic basis
applicable to managerial employees, at Manager's option;
(b) compensation for all accrued but unused vacation leave on the books for Manager;
(c) continuation of health insurance for Manager and any dependents as provided in
Section 5 above until the end of the second month following such termination date,
after which time, Manager will be provided access to continued health insurance
pursuant to the Consolidated Omnibus Budget Reconciliation Act ("COBRA").
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If Manager is terminated because of conviction of a felony or misdemeanor involving moral
turpitude, the City is not obligated to pay any severance benefits under this section, and Manager
shall be entitled solely to such benefits as afforded City employees generally under applicable
law, regulations and policies in such cases.
12. Release of All Claims. The termination and severance of Manager in the manner
provided above shall be conditioned upon Manager's execution of a general release of all claims
against the City in the form customarily used by the City in accordance with applicable law and
regulations.
13. Resignation/Retirement. In the event that Manager voluntarily resigns or retires from
her position with the City, Manager shall provide a minimum of 30 days' written notice unless
the City and Manager agree otherwise. Upon such voluntary resignation or retirement, the
Manager shall be paid all accrued but unused vacation leave and be afforded such other benefits
upon such resignation or retirement as are afforded City employees generally.
14. Performance Evaluation. The City, either through its City Council or a committee
formed by the City Council, shall annually review the performance of Manager in July each year
subject to a process, form, criteria, and format for the evaluation which shall be mutually
determined by the City and Manager. The annual evaluation process, at a minimum, shall
include the opportunity for both parties to: (a) meet first to discuss goals and objectives the past
12-month performance period as well as the upcoming 12-month performance period, (b)
prepare a written evaluation of goals and objectives for the past and upcoming year, (c) meet and
discuss the written evaluation of these goals and objectives, and (d) present a written summary of
the evaluation results to Manager. Unless Manager expressly requests otherwise, the evaluation
shall be conducted in executive session of the City Council.
15. Hours of Work. It is recognized that the position of city manager is a full-time
position and that Manager must devote a great deal of time outside normal office hours on
business for the City, and to that end, Manager shall be allowed to establish an appropriate work
schedule. The schedule shall be appropriate to the needs of the City and shall allow Manager to
faithfully perform her assigned duties and responsibilities.
16. Ethical Commitments. Manager shall at all times uphold the tenets of the ICMA
Code of Ethics, as the same may be amended from time, which is incorporated by reference as if
fully set forth at length. Specifically, Manager shall not endorse candidates, make financial
contributions, sign or circulate petitions, or participate in fund-raising activities for individuals
seeking or holding elected office, nor seek or accept any personal enrichment or profit derived
from confidential information or misuse of public time. The City Council shall support Manager
in keeping these commitments by refraining from any order, direction or request that would
require Manager to violate the ICMA Code of Ethics. Specifically, neither the City Council nor
any individual member thereof shall request Manager to endorse any candidate, make any
financial contribution, sign or circulate any petition, or participate in any fund-raising activity for
individuals seeking or holding elected office, nor to handle any personnel matter on a basis other
than fairness, impartiality and merit.
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17. Outside Activities. The employment provided by this Agreement shall be Manager's
primary employment. Recognizing that certain outside consulting or teaching opportunities
provide indirect benefits to the City and the community, Manager may elect to accept limited
teaching, consulting or other business opportunities with the understanding that such
arrangements must neither constitute interference with nor a conflict of interest with her
responsibilities under this Agreement.
18. Indemnification. Subject to the provisions of the Texas Tort Claims Act and
applicable law, the City shall defend, save harmless and indemnify Manager against any
obligation to pay money or perform or not perform action, including without limitation, any and
all losses, damages, judgments, interests, settlements, penalties, fines, court costs and other
reasonable costs and expenses of legal proceedings including attorneys' fees, and any other
liabilities arising from, related to, or connected with any tort, professional liability claim or
demand or any other threatened, pending or completed action, suit or proceeding, whether civil,
criminal, administrative, arbitrative or investigative, whether groundless or otherwise, arising out
of an alleged act or omission occurring in the performance of Manager'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.
Manager may request and the City shall not unreasonably refuse to provide independent legal
representation at the City's expense. Legal representation, provided by the City for Manager,
shall extend until a final determination of the legal action is rendered, including any appeals
brought by either party. The City shall indemnify Manager against any and all losses, damages,
judgments, interest, settlements, penalties, fines, court costs and other reasonable costs and
expenses of legal proceedings including attorneys' fees, and any other liabilities incurred by,
imposed upon, or suffered by Manager 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
her duties. 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. Manager recognizes that the
City shall have the right to compromise and settle any claim or suit; unless, said compromise or
settlement is of a personal nature to Manager. The City agrees to pay all reasonable litigation
expenses of Manager throughout the pendency of any litigation to which Manager is a party,
witness or advisor to the City. Such expense payments shall continue beyond Manager's service
to the City for as long as litigation is pending. Further, the City agrees to pay Manager
reasonable travel expenses when Manager serves as a witness regarding pending litigation after
the cessation of Manager's employment with the City.
19. Bonding. The City shall bear the full cost of any fidelity and other bonds required of
Manager under any law or ordinance.
20. Appropriation of Funds. The City has appropriated, set aside and encumbered, and
does hereby appropriate, set aside, and encumber, available and unappropriated funds of the
municipality in an amount sufficient to fund and pay all financial obligations of the City pursuant
to this Agreement, including but not limited to, the severance and other benefits set forth in
Section 11 above.
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21. Residence. Manager agrees to maintain a residence within the corporate limits of the
City.
22. Notices. Notice pursuant to this Agreement shall be given either by hand delivery or
by depositing in the custody of the United States Postal Service, postage prepaid, and addressed
as follows:
CITY: City of Corpus Christi, Texas
Attn: City Secretary
P. O. Box 9277 (78469)
1200 Leopard Street
Corpus Christi, Texas 78401
MANAGER: [The residence address as provided in the records of the City.]
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.
23. Outside Counsel. 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 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.
24. General Provisions.
(a) Integration. This Agreement sets forth and establishes the entire understanding
between the City and Manager relating to the employment of Manager by the City. Any prior
discussions or representations by or between the City and Manager are merged into and rendered
null and void by this Agreement. The City and Manager by mutual written agreement may
amend any provision of this Agreement during the life of the Agreement. Such amendments
shall be incorporated and made a part of this Agreement.
(b) Binding Effect. This Agreement shall be binding on the City and Manager as well
as their respective heirs, assigns, executors, personal representatives and successors in interest.
(c) Severability. 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 the City and Manager subsequent to the expungement or
judicial modification of the invalid provision.
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(d) Enforceability. The Agreement shall be interpreted and enforceable according to the
laws of the State of Texas and is performable and enforceable in Nueces County, Texas, which
courts shall have exclusive jurisdiction concerning any matters in controversy.
DULY AUTHORIZED AND EXECUTED by the parties as provided below.
CITY OF CORPUS CHRISTI, TEXAS MANAGER:
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Mayor Nelda Martinez Margie C. ose
Date: July , , 2016. Date: July c),(o, 2016.
APPROVED AS TO LEGAL FORM:
This a c day of July, 2016. � �'�'•-`-C���LQ��
ATTEST
me, , 1Y-L-; REBECCA HUERTA
(-rY SECRETARY
Miles Risley, City Attorney
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SECRETAR
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