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HomeMy WebLinkAboutO-2009-3196 employment agreement/Ron Bottoms 20 ORDINANCE NO. 2009- '3 l ct 0 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA PORTE AND RON BOTTOMS, FOR THE POSITION OF CITY MANAGER OF THE CITY OF LA PORTE, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the employment agreement with Ron Bottoms as City Manager of the City of La Porte, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval and it is so ordered. PASSED AND APPROVED, this 26th day of October, 2009. ,/ CITY OF LA PORTE .)/---..- \ / <.:_-,{-I~:-- By: Barry Mayor ATTEST: n~~!d#~ .~ City Secretary APPROVED: U~::~ Assistant City Attorney 2 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA PORTE AND RON BOTTOMS FOR THE POSITION OF CITY MANAGER STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE KNOW ALL PERSONS BY THESE PRESENTS THIS AGREEMENT made and entered into this 26th day of October 26,2009, but effective as of October 1,2009, by and between the City of La Porte Texas, a municipal corporation, hereinafter called "Employer", and Ron Bottoms, hereinafter called "Employee", both of whom understand as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of said Ron Bottoms as Employee of the City of La Porte, as provided by the Article III, Section 3.01 of the Charter of the City of La Porte; and WHEREAS, it is the desire of the governing body, hereinafter called "City Council," to provide certain benefits, to establish certain conditions of employment, and to set working conditions of said Employee; and WHEREAS, Employee desires employment as Employee of said City of La Porte; and WHEREAS, The parties acknowledge that Employee is, or will become, a member of the International City/County Management Association (lCMA), and the Texas City Management Association (TCMA) and that Employee is subject to the Codes of Ethics of these organizations; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1: Duties Employer hereby agrees to employ said Ron Bottoms as Employee of said Employer to perform the functions and duties specified in said Charter of the City of La Porte and applicable provisions of the City Code and to perform other legally permissible and proper duties and functions as the City Council shall from time to time assign. Section 2: Term A. Employee agrees to remain in the exclusive employ of Employer during the term of this agreement, and agrees not to become employed by any other employer until said termination as hereinafter provided, except as provided in Section 9 of this agreement. B. This Agreement shall be in effect for a single term of three (3) years, beginning on October 1, 2009, thru and including September 30,2012. C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3 of this agreement. D. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from this position with Employer, subject only to the provisions set forth in Section 4 of this agreement. Section 3: Termination and Severance Pay A. In the event Employee is terminated by the City Council during the term of this agreement and during such time that Employee is willing and able to perform the duties under this agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to 4 months aggregate salary, and benefits described as follows: Employee shall also be compensated for all earned sick leave, vacation, holidays, and other accrued benefits to date. In the event Employee is terminated because of conviction of a felony or crime of moral turpitude, then, in that event, Employer shall only be obligated to pay for all accrued benefits hereinabove described, but shall only be obligated to pay salary up to and including the date of termination. B. In the event Employer at any time during the term of this agreement reduces the salary, compensation, or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction of all employees of Employer, or in the event Employer refuses, following written notice, to comply with any other provisions benefiting Employee herein, or the Employee resigns following a suggestion, whether formal or informal, by the City Council that he resign, or the employer declines to renew the employees contract then, in that event Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. Section 4: Resignation In the event Employee voluntarily resigns his position with Employer during the term of this agreement, then Employee shall give Employer 30 days notice in advance, unless the parties agree otherwise in writing. In this event, the severance pay provisions of Section 3 will not apply. Section 5: Disability 2 If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued sick leave and leave available under the Family Medical Leave Act, if any, Employer shall have the option to terminate this agreement, subject to the severance pay requirements of Section 3, Paragraph A. Section 6: Salary Employer agrees to pay Employee for his services rendered pursuant hereto, an annual base salary of $148,950.44, payable in installments at the same time as other managerial employees of the Employer are paid. In addition, Employer agrees to increase said base salary and/or benefits of Employee in such amounts and to such extent as the City Council may determine that is desirable to do so on the basis of annual salary review as a part of the annual performance evaluation process and at any other time the City Council deems appropriate. Section 7: Performance Evaluation A. The City Council shall review and evaluate the performance of the Employee following the sixth month of employment and at least once annually thereafter. Such review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee, and in accordance to the provisions of the La Porte City Charter and Personnel Policies. Said criteria may be added to or deleted from as the City Council may from time to time determine, in consultation with the Employee. Further, the Mayor of the City of La Porte shall provide the employee with a summary written statement of the findings of the City Council and provide an adequate opportunity for the Employee to discuss his evaluation with the City Council. B. Annually, the City Council and Employee shall define such goals and performance objectives that they determine necessary for the proper operation of the City of La Porte and in the attainment of the City Council's policy objectives and 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 provisions of this Section, the City Council and Employee mutually agree to abide by the provisions of applicable law. Section 8: Work Hours It is recognized that Employee must devote a great deal of time outside the normal office hours to the business of the Employer, and to that end Employee will be allowed to take time off as he shall deem appropriate during said normal office hours. 3 Section 9: Outside Activities Employee shall not spend more than 10 hours per week in teaching, consulting or other non Employer-connected business without the prior approval of the City Council. Employee's outside activities shall not interfere or conflict with any duties or responsibilities required under this agreement including the number of hours. Section 10: Automobile Employee's duties will require that he use his personally owned vehicle for Employer business. Employer has recognized this by agreeing to pay to Employee $500 per month to reimburse Employee for the business use of his vehicle. Employee shall be responsible for paying for liability, property damage, and comprehensive insurance, and for the purchase, operation, maintenance, repair, and regular replacement of said automobile. If, however, the destination of a business trip exceeds a 100-mile radius from La Porte, Employee shall have the option of using a City-owned pool vehicle for the purposes of such business travel and the City shall supply the fuel for the City vehicle or Employee may be reimbursed for mileage beyond 100 miles at the prevailing city mileage reimbursement rate. Section 11 : Vacation, Sick, and Military Leave A. Employee shall accrue and have credited to his personal account, 120 hours of vacation annually and sick leave at the same rate as other general employees of the Employer. Said vacation and sick leave shall be subject to provisions as outlined in Section 3 of this agreement, upon termination of Employee. In addition, if Employee voluntarily resigns as described in Section 4 of this agreement, Employer agrees to compensate employee for all accrued vacation and sick leave up to and including the final date of employment. Employer agrees to credit Employee with 120 hours of vacation leave at time of employment. B. Employee shall be entitled to military reserve leave pursuant to Federal or State law and City of La Porte policies. Section 12: Health, and Life Insurance Employer agrees to provide hospitalization, surgical, and comprehensive medical insurance and life insurance for Employee equal to that provided all other employees of the City, and to pay the premiums thereon on the same basis as for other employees of Employer. In addition, Employer agrees to provide additional life insurance for Employee in the amount of$150,000. Section 13: Retirement Employer shall provide and pay for Employee's participation in the retirement plan of the Texas Municipal Retirement System in a manner and rate consistent with all other employees of the City of La Porte. 4 Section 14: Dues and Subscriptions Employer agrees to budget and to pay for professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the Employer. Said dues and subscriptions shall include, but not be limited to, Texas City Management Association, International City/County Management Association, and their regional and local affiliate organizations. Section 15: Professional Development A. Employer hereby agree to budget for and to pay for travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions adequate to continue professional development of Employee and to adequately pursue necessary official functions for Employer, including but not limited to the TCMA Annual Conference, the ICMA Annual Conference, the National League of Cities, the Texas Municipal League, and such other national, regional, state, and local government groups and committees thereof which the Employee serves as a member. Participation in said professional development activities shall be considered a part of the Employee's work related duties and Employee shall not be required to use accrued leave for such participation. B. Employer also agrees to budget for and to pay for travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for his professional development and for the good of the Employer. Section 16: Civic Club Membership Employer recognizes the desirability of representation in and before local CIVIC and other organizations, and Employee is authorized to become a member of a local civic club of his choice, for which Employer shall pay all expenses. Employee shall report to the Employer on each membership that he has taken out at Employer's expense. Section 17: Indemnification In addition to that required under state and local law, Employer 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 Employee's duties as Employee, unless arising from Employee's willful misconduct. Employer will compromise and settle any claim or suit and pay the amount of any settlement or judgement rendered thereon, provided however, that any settlement shall be subject to the review and approval by Employee. Section 18: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under law or ordinance by virtue of his employment. 5 Section 19: Other Terms and Conditions of Employment A. The City Council, in consultation 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 Employee, provided such terms and conditions are not inconsistent or in conflict with the provision of this agreement, the Chapter 6 of the Texas Local Government Code or other law. B. All provisions of the City of La Porte Code of Ordinances, and regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays, and other benefits and working conditions as they now exist or hereafter may be amended, shall also apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as provided herein. Section 20: Notices Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) EMPLOYER: Barry Beasley Mayor City of La Porte 604 East Fairmont Parkway La Porte, Texas 77571 (2) EMPLOYEE: Ron Bottoms 10454 Tree Hollow Circle La Porte, Texas 77571 Alternatively, notices 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 of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 21: General Provisions A. The text herein shall constitute the entire agreement between the parties with respect to the subject matter hereof. B. This agreement shall be binding upon and inure to the benefit of heirs at law and executors of Employee. C. This agreement shall become effective commencing October 1,2009. D. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. 6 IN WITNESS WHEREOF, the City of La Porte, Texas, has caused this agreement to be signed and executed in its behalf by its Mayor, Barry Beasley, and duly attested to by its City Secretary, and the Employee has signed and executed this agreement, both in duplicate, the day and year first written above. ATTEST: ~~Id~ d.1ieli/ Mart a A. GIllett City Secretary APPROVED AS TO FORM: ~~r~ Clark T. Askins Assistant City Attorney 7