HomeMy WebLinkAboutR-2020-094 City Manager Employment Agreement with Robert HarrisonRESOLUTION NO. R-2020-094
A RESOLUTION authorizing the Mayor of the City of Yakima to execute an
Employment Agreement for City Manager with Robert Harrison
WHEREAS, the City Council has selected Robert Harrison to be the City Manager
of the City of Yakima; and
WHEREAS, the City and Robert Harrison desire to enter into an employment
agreement in accordance with the terms and conditions of the attached Employment
Agreement, which Employment Agreement is attached hereto as Exhibit "A" and
incorporated herein by this reference, pursuant to which Robert Harrison will become the
City Manager of the City of Yakima on September 1, 2020; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to authorize the Mayor to execute the attached Employment Agreement for City
Manager with Robert Harrison; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Council authorizes the Mayor of the City of Yakima to execute the
attached Employment Agreement for City Manager with Robert Harrison.
ADOPTED BY THE CITY COUNCIL this 4th 2020.
ATTEST:
Claar Tee, City C
atricia Byers, May
ROBERT HARRISON
EMPLOYMENT AGREEMENT FOR CITY MANAGER
Contents
Introduction
Section 1. Employment. 2
Section 2. Salary and Performance Evaluation. 2
Section 3. Duties and Obligations. 3
Section 4. Automobile Allowance and Communication Equipment. 4
Section 5. Dues and Subscriptions. 4
Section 6. Professional Development 4
Section 7, Community Involvement. 4
Section 8. Vacation and Sick Leave. 5
Section 9. Holidays. 5
Section 10. Health, Dental, Life and Disability Insurance 5
Section 11. Residency 5
Section 12. Retirement. 5
Section 13. Termination by the City and Severance Pay. 5
Section 14. Termination by the City Manager. 7
Section 15. Disability. 7
Section 16. Relocation Expenses. 7
Section 17. Indemnification. 8
Section 18. Bonding 8
Section 19. General Terms and Conditions. 8
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EMPLOYMENT AGREEMENT FOR CITY MANAGER
THIS EMPLOYMENT AGREEMENT (hereafter referred to as "Aoreemeny), is by and
between the City of Yakima, Washington, o Washington municipal corporation (hereafter referred to
as "City"), and Robert Harrison (hereafter referred to by name or as "City Manager").
WHEREAS. the City desires to employ Robert Harrison as City Manager of the City of
Yakima, aoprovided for inArticle Uof the City Charter of the City ofYakima (hereafter referred to as
"City Chorter');and
WHEREAS, the City, through its City Council, desires to provide for certain benefits and
compensation for the City Manager and to establish conditions of employment applicable to the City
Manager; and
WHEREAS, Robert Harrison desires toaccept employment aaCity Manager of the City of
Yakima under the terms and conditions set forth herein;
NOW, THEREFORE, inconsideration of the mutual promises asset forth inthis Agreement,
the parties agree as follows:
Section 1. Employment.
A. The City of Yakima hereby employs and appoints Robert Harrison as its City Manager,
effective on the dote provided in Section 1B and under the tevnne of this Aoreenlent, to
perform the duties and functions specified in Article ||. Section 8ofthe City Charter, the
Ymhinno Municipal Code and Washington |avv, and to perform such other legally permissible
and proper duties and functions as the City Council shall from time to time assign.
B. The City's employment of Robert Harrison as City Manager shall be effective on September
1, 2020. This Agreement shall remain in effect until terminated bvthe City orbvthe City
Manager osprovided herein.
Section 2. Salary and Performance Evaluation.
A. For the performanceofservices pursuant tothis Agreement, the City agrees topay the City
Manager on annual base om|mry of two hundred and seven thousand dollars ($207.000).
payable in monthly installments at the same time as other City employees are paid.
B. After the first year of the City Manager contract term, the City Manager will receive pay and
compensation adjustments as shall be specifically authorized and approved by the City
Council from time totime. City Manager salary increases shall not follow compensation step
increase amendments such as are set forth in the Yakima Municipal Code for other
management employees. This condition iointended toavoid any perception ofunfair dealing
or conflict of interest by the City Manager when negotiating salary rate increases. The City
may increase the City Manager's base salary and/or other benefits in such amounts and to
such on extent msthe City Council may determine appropriate on the basis of an annual
performance evaluation.
C. The City Council shall mnnuo|k/ review the performance of the City Manager. The annual
evaluation shall be in such form mothe Council demnno appropriate and shall be conducted
Page 2 of 9
The City Manager's first annual evaluation shall be based on o work plan that includes, but
shall not be limited to, specific strategic accomplishments and objectives that shall become
the basis for future annual evaluations. The work plan shall becooperatively developed and
nnodhDad from time totime and shall be mutually agreed upon by the City Manager and the
City Council. The essential elements ofthe first year work plan shall include, but shall not be
limited to:
• StrategicPlan FY2O2O-2O23
wAnnual Business Plan FY202O
• Five Year Financial Plan FY2O2U-2U25
• Organizational {2uo|ihv Initiative Plan
• Organizational Management and Process Review
The review process shall be the City Counci|'m resource to identify 1) overall City yNenoQmr
performance, 2) areas of performance that require modification or improvement, and 3) new
performance objectives. Following the annual evaluation process the Mayor shall provide
the City Manager with a written summary statement of the Council's findings and comments
and thereafter shall arrange an opportunity for the City Manager to discuss the evaluation
with the Council. Unless otherwise specifically requested by the City Manager, the evaluation
process shall be conducted in executive session and shall be considered confidential to the
extent permitted by law.
D. Nothing in this Section shall require the City Council bz increase the base salary orother
benefits ofthe City Manager. Furthermore, the City Counci|'ofailure toconduct any annual
performance evaluations shall not constitute non-compliance with a material provision of this
Agreement.
E. Beginning January 1, 2021. the City of Yakima will contribute three percent (396) of base
wages tothe City ofYakima 457Deferred Compensation Plan. The City Manager may elect
to defer additional wages consistent with the approved 457 plan regulations.
Section 3. Duties and Obligations.
A. The City Manager shall have the duties, responsibilities and powers of said office under the
City Charter, the Yakima Municipal Code, and Washington law. The City Manager agrees to
perform all duties and responsibilities faithfully, industriously, and to the best of his ability and
inoprofessional and competent manner.
B. The City Manager uheU remain in the exclusive on`o|oy of the C}dv and shall devote all
necessary time, attention, knowledge and skills required to faithfully perform his duties under
this Agreement. The City Manager may, hovvever, engage in educational or professional
activities upon receipt of approval by the City Counoi|, provided that such activities ahm|| not
interfere with his primary obligation tothe City aoits City Manager. The City Manager shall
dedicate no less than an average of forty (40) hours per week to the performance of his City
Management duties hereunder. The City Manager nnayte|aconnnnute one day per week, at
his discretion, during the term ofthis agreement.
C. If the City Manager oenv»o on any appointed boards or elected boards of any professional
orgmnizaUon, orserves on any committees related to his professional anUvitima, inthe event
any monies are paid to, or gifts received by the C|h/ yNano0mr related to such sen/ice, such
money or property shall be paid over to or delivered to the City, unless otherwise specifically
provided bythe City Council.
Page 3 of 9
D. In the event the City Manager is temporarily unable to perform his duUes, he shall designate
an Acting City Manager to perform during his unavailability.
E. The City Manager shall, at all times, uphold the tenets of the ICMA Code of Ethics, a copy of
which iaattached hereto and incorporated herein bvthis reference. The City Manager shall
not seek or accept any personal enrichment or profit derived from confidential information or
nlieuoo ofpublic time.
Secton4L Automobile Allowance and Communication Equipment.
A. Pursuant to `fM{} 2.20i097. the City Manager shall be paid the amount of four hundred
($400.00) each month as o vehicle mUoxvenco, and the City Manager shall purchaae,
nnointein, and insure his vehicle. The payment will be included with the City Manager's
monthly compensation amount omoseparate compensation iUann. The vehicle allowance
shall be treated as a taxable benefit and shall be subject to normal withholding taxes. The
automobile allowance will not be included in any calculations as base pay.
B. The City Manager will receive n City -issued cellular telephone to be used for City business
in accordance with City policies.
Section 5. Dues and Subscriptions.
Pursuant to YyNC 2.20.085K6). the City will pay the City yNonegar'a professional dues for
membership in the |ntmnnmUono| C&4anegannart Association (ICK8A), Washington
City/County Management Association 88KCyNAJ. and Local (3nxernnnert Hispanic Network (LGHN).
Other appropriate duos and subscriptions on behalf ofthe City Manager will be paid by the City if
funds are available inthe Cib/'aannual budget.
Section 6. Professional Development.
Pursuant to YMC 2.20.085(5)and in ccord with the City's travel policy, the City Council
agrees to pay reasonable and customary travel and subsistence expenses for the City Manager's
travel to and attendance at the International City/County Management Association Annual
Conference, the Washington City/County Management Association's spring and/or summer
conference; Local Government Hispanic Network conference and/or meetings and the Association
of Washington Cities' ("AWC") annual conference and/ or regional conferences. The City will also
pay reasonable and customary travel and subsistence expenses relating to continuing professional
development. The City Council may choose to pay for the City Manager's attendance at other
oenninara, oonfenenoee, and committee nneeUnQa as it deanno appropriate and may approve by
specific City Council action.
Section 7. Community Involvement.
The City recognizes the desirability of representationinand before local civic clubs and
organizaUone, and encourages the City Manager to participate in these organizations to foster a
continuing ovvorenmsn of the Cib/'o activities as well as the ounnmunib/'m attitudes and ideas. The
City Council will consider paying reasonable membership costs for the City Manager's participation
in relevant community organizations.
Page 4 of 9
Section 8. Vacation and Sick Leave.
A. The City Manager shall accrue personal time off (PTO), which accrual increases with length
of service as provided in the City of Yakima Paid Time Off Policy, with the City Manager
accruing PTO time at the highest rate provided to any other similarly tenured employees,
under the same rules and provisions applicable bzother employees. For the purposes ofthis
policy, the City Manager shall be deemed to have one hundred twenty oix(12O) months of
continuous service.
B. The City Manager shall beacredited with abank of eighty00hours ofPTO time athis start
date with the City of Yakima.
Section 9. Holidays.
The City Manager is entitled to each of the City's specified paid holidays pursuant to
Section 10. Health, Dental, Life and Disability Insurance.
The City of Yakima provides mnemployee Health Care Plan. Health care coverage, including
limited vision care and limited dental insurance, is available for i nd
for which the City cost shares. The City employees' participation in the Health Care Plan is generally
required. However, pursuant to YMC Chapter 2.04.030(C), the City Council may agree to apply the
exemption set forth therein, in accordance with that exemption provision. The City Manager shall
pay a calculated share of his and any of his dependent's health insurance costs according to a rate
schedule established for management employees; premium rates may be adjusted annually.
The City will provide other insurance, orthe availability of other insurance such oolife and
disability insurance, for the City Manager as it does for management employees.
Section11. Residency.
The City Council prefers that the City Manager resides within the City of Yakima.
Section 12. Retirement.
The City shall contribute 12.86%, or such other amount as shall be determined by the state,
of the City Manager's base monthly salary each month into the Washington State Public Employees
F|atinanlent System. This amount is subject to change annually and will be the standard rate
applicable toall management employees.
Swcti»n13i Termination bythe City and Severance Pay.
'
A. Pursuant hoArticle U.Section 8ofthe City Charter, and as provided herein, the City Manager
shall aanae at the pleasure of the City Cound|, and the City Council may banninotm this
Aonamnnant and the City Manager's employment with the City at any time, for any reason or
for noreason.
B. Should majorityoftheantneCitv[ounci|(fournnem/bero)Votetoterminetethosanviumoof
the City Manager "without cause" in accordance with Article 11, Section 8 of the Yakima City
Chader, then following the conclusion of the termination procedure set forth therein the
Council shall cause the City Manager tobopaid any accrued and unpaid salary and benefits
earned (including annual leave, sick leave per the Paid Time Off (PTO) Policy and insurance
Page 5nf9
but excluding such items and allowances as are used in conducting City business such an,
but not limited to, the automobile allowance and use of a City -issued cell phone) prior to the
date oftermination, based onaforty (4O)hour work week. |fthe City Manager ioterminated
"without cause" during the first year of his employment, then following the completion of the
termination procedure described in the Charter, the Council shall cause the City Manager to
be paid a lump sum severance pay equal to six (0) months of his base salary as full and
complete payment and satisfaction ofany claims ofthe City Manager ofwhatsoever nature
arising out of this Agreement or otherwise.
Likevvma, if the City Manager is terminated "without cause" after completion of his first year
of employment and before the end of his third year of amp|oymert, then following the
completion of the termination procedure described in the Charter the Council shall cause the
City Manager to be paid a lump sum severance pay equal to six (6) months of his base salary
as full and complete payment and satisfaction of any o|oinns of the City Manager of
whatsoever nature arising out of this Agreement or otherwise. As consideration for such
payment, the City Manager shall, prior to receipt thereof, execute and deliver tothe City o
general release nfthe City, the City Council members and the {}ity'a officoro, agenta, and
employees for all acts and actions (whether accrued or subsequently accruing) from the
beginning of time until the date of release, said release to be prepared by the City Attorney.
C. If the City of Yakima holds an election and through the election process the citizens choose
to adopt the Mayor -Council form of government, the City Manager agrees to remain with the
City for up to forty-five (45) days after the elected Mayor takes office to assist during the
transition period. Within forty-five (45) calendar days following the effective date of the newly
elected Mayor taking office the City Manager shall be paid severance pay subject to each of
the provisions outlined in Section 13, Paragraph B and D of this Agreement. If severance is
paid, as consideration for such payment the City Manager aha||, prior to receipt thereof,
execute and deliver to the City a general release of the City, the City Council members and
the Cib/'o nMioena, agents, and employees for all acts and actions (whether accrued or
subsequently accruing) from the beginning of time until the date of re|easm, said release to
beprepared bythe City Attorney.
O. |fthaCitvexeroisesitstemninoUon— rights under section BorCcfthis section, inaddition h)
the severance payment, theCity shall contributeth equivalent of six KBmonths ofCOBRA
payments to a VEBA to enable continuation in the City's Health Insurance Plan, The COBRA
payment shall bmequivalent tothe City'oshare ofthe Health Insurance Plan contribution.
E. In the event the City Manager is terminated for "just cause," the City shall have no obligation
to pay any of the severance amounts identified in Section 13.'Parogroph B and D of this
Agreement. For purposes of this Agreement, "just cause" is defined, and limited for purposes
of this Agreenlmnt, to comprise any of the following:
1Misfeasance, malfeasance and/or nonfeasance
duties and responsibilities.
2. Conviction or a plea of guilty or no contest
adjudication is withheld.
3. Neglect of duty, including the inability or un
responsibilities of office.
4. Violation of any substantive City policy, nuk», or
other City employee totermination.
Page 0of9
n performance of the City Manager's
to m felony mima, whether or not
UinOneso to properly discharge the
regu|ation, which would subject any
5. The commission of any fraudulent act against the interest of the City.
O. The commission ofany act which involves moral turpitude, orwhich causes the City
7. Violation of the International City/County Management Association (ICMA) Code of
8. Any other act of a similar nature of the same or greater seriousness.
F. In the event the City Council, atany time during the employment tenn, reduces the salary or
other benefits of the City W1onogmr. as /dortdieU hmnain, in a greater percentage than on
equivalent across-the-board reduction for all full-time City employees, or in the event the City
allegedly refuses to comply with any other material provision of this Agreement benefiting the
City Manager, the City Manager shall notify the Council in writing of the alleged violation. The
Council shall have forty-five (45) days from such notice within which to cure the violation;
otherwise, the City Manager may at his option, consider such violation as termination "without
oauoe" as of the date of such alleged reduction or rofuse|, and the severance pay provision
and other termination provisions contained herein shall become applicable at the annual
salary and benefit |avm| in effect prior to the reduction or refusal.
Section 14. Termination by the City Manager.
The City Manager may terminate this Agreement at any time delivering to the City Council
a written notice of termination not less than ninety 00 days before the effective dote of the
termination. If the City Manager terminates this Agreement, then the severance provisions of Section
13, above, shall not apply. If the City Manager voluntarily resigns pursuant tothis Section, the City
shall pay tothe City Manager all accrued compensation due to the City Manager uptothe City
Manager's final day ofemployment. Payout ofaccumulated annual and sick leave shall begoverned
bythe same Ordinances and policies aothose for City management employees. The City shall have
nofurther financial obligation tothe City Manager pursuant tothis Agreement. This Section shall not
prevent the City Manager from collecting any money earned as a result of participation in the City's
deferred retirement program.
Section 15. Disability.
If the City Manager baoonnoa permanently disabled nrksotherwise unable to perform his
duties because of aicknasa, oocidmrd, injury, nnonba| incapacity or health for a period of four
consecutive weeks after 1) any accrued leave has been exhausted, and 2) after the expiration of any
other period of time the employee is otherwise |eQmUy entitled to. the City shall have the option to
terminate this Aoneannent, subject to the severance pay provision outlined in Section 13, Paragraph
BVfthis Agreement.
Section 16. Relocation Expenses.
The City agrees to pay the City Manager up to ten thousand dollars ($10,000) to reimburse
the City Manager for the costs associated with the cost of the relocation of himself and his family (as
defined in IRS Publication 521). Pursuant to`/PNC 2.20.085. the relocation expenses one provided
spood5maUy for the cost of moving the household goods and personal effects of the City Manager
Page 7 of 9
shall be reimbursed only when the City Manager can produce receipts to document the expenditure,
or when the invoices are submitted so that the City can pay the moving company directly.
Should the City Manager resign withintwo years ofhis employment with the City toretire or
accept a position a|sevvhena, he shall reimburse to the City prorated share of any expenses the
City has paid to assist with his relocation. The reimbursement shall be oo|cu|ebad booed upon the
number of months remaining in the twenty-four month period. A percentage of the total relocation
expenses paid by the City shall be reimbursed in an amount equal to the percentage of months
remaining in the first twenty-four nnontho, commencing from the beginning of employment.
Reimbursement to the City ofrelocation expenses isnot required if the Manager should die
within the first two (2)years mresign within such time due to disability.
Section 17. Indemnification.
A. The City Manager shall be entitled tothe benefits ofand subject tothe responsibilities stated
in City of Yakima Resolution No. C-5820. a,tb|ad "Resolution providing for indemnification
against personal liability for City pmraonne|^, as well as any additional protections provided
byState ofWashington |ovv. including RCVV4.9O.041.
B. The indemnification provided in this Section 17 ohmU extend beyond the termination of
employment and the expiration of this Agreement, to provide protection to the City Manager
for any acts undertaken or committed while acting in the capacity of City Manager, regardless
of whether the notice of claim or filing of a lawsuit occurs during or following employment with
the City.
Section 18. Bonding.
The City agrees to bearthe full cost of any fidelity or other bonds required of the City Manager
under any policy, regulation, ordinance or law.
Section 19. General Terms and Conditions.
A. If any provision, or any portion Uiereof, contained in this Agreement is held by o court of
competent jurisdiction to be unuonstitudono|, i|kego|, invalid or unenforoeob|e, the remainder
of this Agreement, or portion thereof, shall not be affected and shall remain in full force and
effect.
B. The waiver by either party ofobreach of any provision of this Agreement by the other shall
not operate or be construed as a waiver of any subsequent breach by that party.
C. This Agreement shall be binding upon and inure to the benefit of the heirs at |avv or the
personal representative of the City Manager.
D. This Agreement contains the entire Agreement of the parties. Any prior discussions or
representations by orbetween the City and the City Manager are merged into and rendered
null and Void by this Agreement. This Agreement may not be changed ora||y, but only by e
written Agreement signed bythe parties.
E. Washington law shall govern this Agreement. Any litigation that may arise with respect to
the terms and conditions of this Agreement, shall be filed and litigated in a court of competent
Page 8 of 9
F Should the City Manager die while fulfilling the requirements of this Agreement, the City'o
obligations under this Agreement shall terminate except for:
1. Transfer of ownership of retirement funds, if any, to his designated beneficiaries;
2. Payment of accrued leave balances in accordance with this Agreement;
3. PaymentofaUoutotandinQhoaobm|izotion.nnedica|onddenta|bi||oinaccondancexvith
the City's insurance policies or plans, if applicable; and
4. Payment of all life insurance benefits in accordance with the City's insurance policies
or plans then in affect,
G. The parties acknowledge that each has shared equally inthe drafting and preparation of this
Agreement and, accordingly, no court construing this Agreement shall construe itmore strictly
against one party that the other and every oovenant, term and provision of this Agreement
shall boconstrued simply according toits fair meaning.
H. This Agreement may be executed in duplicate or coVnbarporte, each of which shall be
deemed an original and all of which together shall be deemed one and the same instrument.
No hernn, condition or covenant ofthis Agreement ahoU be binding on either party until both
parties have signed it.
The effective date of this Agreement ehoU be the
parties tothis Agreement.
as
dote it is executed by either of the
EXECUTED bvthe City ofYakima this 4mday ofAugust, 2O2O.
ATTEST:
EXECUTED byRobert Harris
City Contract No.: 2090'
Resolution No.:
Robert Harrison
Page 9 of 9
UCMA Code of Ethics with Guidelines
The |CIVIA Code of Ethics was adopted by the IC&HA membership in1924. and most recently
amended bythe membership in June 2020'The Guidelines for the Code were adopted bwthe
|CN0AExecutive Board inl972,and most recently revised inJune 2020.
The mission of |[MA is to advance professional local government through leadership,
management, innovation, and ethics. To further this mission, certain principles, as enforced by
the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall:
Tenet 1. We believe professional management isessential toefficient and democratic local
government by elected officials.
Tanet2. Affirm the dignity and worth of local government services and maintain a deep sense
nfsocial responsibility asatrusted public servant.
GUIDELINE
Advice toOfficials ofOther Local Governments. When members '-advise ,and
respond toinquiries
from elected or appointed officials of other local governments, they should inform the
administrators of those communities in order to uphold local government professionalism.
Tenet3' Demonstrate by word and action the highest standards of ethical conduct and integrity
in all public, professional, and personal relationships in order that the member may merit the
trust and respect ofthe elected and appointed officials, employees, and the public.
GUIDELINES
Public Confidence. Members should conduct themselves soasto maintain public confidence in
their position and profession, the integrity of their local government, and in their responsibility
tnuphold the public trust.
Length of Service. For chief administrative/executive officers appointed by a governing body or
elected official, a minimum of two years is considered necessary to render a professional service
to the local government. In limited circumstances, it may be in the best interests of the local
government and the member to separate before serving two yeao.Sonne examples include
refusal of the appointing authority to honor commitments concerning conditions of employment,
a vote of no confidence in the member, or significant personal issues. It is the responsibility of an
applicant for a position to understand conditions of employment, including expectations of
service. Not understanding the terms of employment prior to accepting does not justify
COPYRIGHT (D30208YTHE INTERNATIONAL CITY/COUNTY M&NAGEMBNTASSOCIATlON. ALL
RIGHTS RESERVED.
premature separation. For all members a short tenure should be the exception rather than a
recurring experience, and members are expected to honor all conditions of employment with the
organization.
Appointment Commitment. Members who accept an appointment to a position should report to
that position. This does not preclude the possibility ofa member considering several offers or
seeking several positions at the same time. However, once a member has accepted a formal offer
of employment, that commitment is considered binding unless the employer makes fundamental
changes inthe negotiated terms ofemployment.
Credentials. A nnennbe/s resume for employment or application for |[IVIA's Voluntary
Credentia|inQ Program shall completely and accurately reflect the rnennber's education, work
experience, and personal history. Omissions and inaccuracies must be avoided.
Professional Respect. Members seeking aposition should show professional respect for persons
formerly holding the position, successors holding the position, or for others who might be
applying for the same position. Professional respect does not preclude honest differences of
opinion; itdoes preclude attacking aperson'smotives orintegrity.
Reporting Ethics Violations. When becoming aware of a possible violation of the |[IVIA [ode of
Ethics, members are encouraged to report possible violations to |[W1A. In reporting the possible
violation, members may choose to go on record as the complainant or report the matter on a
confidential basis.
Confidentiality Members shall not discuss or divulge information with anyone about pending or
completed ethics cases, except as specifically authorized by the Rules of Procedure for
Enforcement of the Code of Ethics.
Seeking Employment. Members should not seek employment for a position that has an
incumbent who has not announced his or her separation or been officially informed by the
appointive entity that his or her services are to be terminated. Members should not initiate
contact with representatives of the appointive entity. Members contacted by representatives of
the appointive entity body regarding prospective interest in the position should decline to have
a conversation until the incumbent's separation from employment is publicly known.
Relationships in the Workplace. Members should not engage in an intimate or romantic
relationship with any elected official or board appointee, employee they report to, one they
appoint and/or supervise, either directly or indirectly, within the organization.
This guideline does not restrict personal friendships, professional nnento,inQ, or social
interactions with employees, elected officials and Board appointees.
COPYRIGHT C3OZOBY THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL
Influence. Members should conduct their professional and personal affairs in a manner that
demonstrates that they cannot be improperly influenced in the performance of their official
duties.
Conflicting Roles. Members who serve multiple ro|es—eithervvbhin the local government
organization or externaUy—shou|d avoid participating in matters that create either o conflict of
interest or the perception of one. They should disclose any potential conflict to the governing
body sothat itcan bemanaged appropriately.
Conduct Unbecoming. Members should treat people fairly, with dignity and respect and should
not engage in, or condone bullying behavior, harassment, sexual harassment ordiscrimination
on the basis of race, religion, national origin, age, disability, gender, gender identity, or sexual
orientation.
Tenet 4. Serve the best interests of the people.
GUIDELINES
Impacts ofDecisions. Members should inform their governing body ofthe anticipated effects cf
a decision on people in their jurisdictions, especially if specific groups may be disproportionately
harmed orhelped.
Inclusion. To ensure that all the people within their jurisdiction have the ability to actively engage
with their local government, members should strive to eliminate barriers to public involvement
indecisions, programs, and services.
Tenat6. Submit policy proposals tnelected officials; provide them with facts, and technical and
professional advice about policy options; and collaborate with them in setting goals for the
community and organization.
Tenet 6' Recognize that elected representatives are accountable to their community for the
decisions they make; members are responsible for implementing those decisions.
Tenet7' Refrain from all political activities which undermine public confidence in professional
administrators. Refrain from participation in the election of the members of the employing
legislative body.
GUIDELINES
Elections ofthe Governing Body. Members should maintain areputation for serving equally and
impartially all members of the governing body of the local government they serve, regardless of
party. To this end, they should not participate in an election campaign on behalf ofor in
opposition tocandidates for the governing body.
Elections of Elected Executives. Members shall not participate in the election campaign of any
candidate for mayor or elected county executive.
COPYRIGHT (D2OJU8YTHE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL
RIGHTS RESERVED.
Running for Office. Members shall not run for elected office or become involved in political
activities related to running for elected office, oraccept appointment to an elected office. They
shall not seek political endorsements, financial contributions or engage in other campaign
Elections. Members share with their fellow citizens the rightand responsibility to vote. However,
in order not to impair their effectiveness on behalf ofthe local governments they serve, they
shall not participate in political activities to support the candidacy ofindividuals running for any
city, county, special district, school, state or federal offices. Specifically, they shall not endorse
candidates, make financial contributions, sign or circulate petitions, or participate in fund-raising
activities for individuals seeking orholding elected office.
Elections relating tothe Form ofGovernment. Members may assist inpreparing and presenting
materials that explain the form of government to the public prior to a form of government
election. |fassistance isrequired byanother community, members may respond.
Presentation of issues. Members may assist their governing body in the presentation of issues
involved in referenda such as bond issues, annexations, and other matters that affect the
government entity's operations and/or fiscal capacity.
Personal Advocacy ofIssues. Members share with their fellow citizens the right and responsibility
to voice their opinion on public issues. Members may advocate for issues of personal interest
only when doing so does not conflict with the performance of their official duties.
Tanet8. Make it a duty continually to improve the member's professional ability and to develop
the competence of associates in the use of management techniques.
GWiDELINES
3e|f,4sse5sment. Each member should assess his or her professional skills and abilities on a
periodic basis.
Professional Development. Each member should commit at least 40 hours per year to
professional development activities that are based on the practices identified by the members of
Tenet9. Keep the community informed on local government affairs; encourage communication
between the citizens and all local government officers; emphasize friendly and courteous service
to the public; and seek to improve the quality and image of public service.
Tenet 10. Resist any encroachment on professional responsibilities, believing the member should
befree tocarry out official policies without interference, and handle each problem without
discrimination on the basis ofprinciple and justice.
COPYRIGHT <D30208YTHE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL
RIGHTS RESERVED.
GUIDELINE
Information Sharing. The member should openly share information with the governing body
while diligently carrying out the member's responsibilities as set forth in the charter or enabling
Tenat11' Handle all matters of personnel on the basis of merit so that fairness and impartiality
govern a nnennber's decisions, pertaining to appointments, pay adjustments, promotions, and
GUIDELINE
Equa|Opportunity All decisions pertaining to appointments, pay adjustments, promotions, and
discipline should prohibit discrimination because of race, color, religion, sex, national origin,
sexual orientation, political affiliation, disability, age, or marital status.
It should be the members' personal and professional responsibility to actively recruit and hire a
diverse staff throughout their organizations.
Tenet 12' Public office is public trust. A member shall not leverage his orher position for
personal gain orbenefit.
G0DEUNES
Gifts. Members shall not directly or indirectly solicit, accept or receive any gift if it could
reasonably be perceived or inferred that the gift was intended to influence them in the
performance of their official duties; or if the gift was intended to serve as a reward for any official
action on their part.
The term "Gift" includes but is not limited toservices, travel, meals, gift cards, tickets, or other
entertainment or hospitality. Gifts of money or loans from persons other than the local
government jurisdiction pursuant to normal employment practices are not acceptable.
Members should not accept any gift that could undermine public confidence. De nnininnusgifts
may be accepted in circumstances that support the execution of the member's official duties or
serve a legitimate public purpose. In those cases, the member should determine a modest
nnaxinnunn dollar value based on guidance from the governing body orany applicable state or
local law.
The guideline is not intended to apply to normal social practices, not associated with the
member's official duties, where gifts are exchanged among friends, associates and relatives.
Investments inConflict with Official Duties. Members should refrain from any investment activity
which would compromise the impartial and objective performance oftheir duties. W1ennbem
should not invest o, hold any investment, directly or indirectly, in any financial business,
commercial, or other private transaction that creates a conflict of interest, in fact or appearance,
with their official duties.
COPYRIGHT KDZO208YTHE INTERNATIONAL CITY/COUNTY M&NAGB00GN7&3SOClATl0N. ALL
RIGHTS RESERVED.
In the case of real estate the use of confidential information and knowledge to further a
nnember's personal interest is not permitted. Purchases and sales which might be interpreted as
speculation for quick profit should be avoided (see the guideline on "Confidential Information").
Because personal investments may appear to influence official actions and decisions, or create
the appearance of impropriety, members should disclose or dispose of such investments prior to
accepting a position in a local government. Should the conflict of interest arise during
employment, the member should make full disclosure and/or recusethennse|ves prior to any
official action by the governing body that may affect such investments.
This guideline is not intended to prohibit a member from having or acquiring an interest in or
deriving benefit from any investment when the interest or benefit isdue toownership by the
member or the nnernbe/s family of de mininnus percentage of corporation traded on a
recognized stock exchange even though the corporation or its subsidiaries may do business with
the local government.
Personal Relationships. In any instance where there is a conflict of interest, appearance of a
conflict of interest or personal financial gain of member by virtue of a relationship with any
individual, spouse/partner, group, agency, vendor or other entity, the member shall disclose the
relationship tothe organization. For example, if the member has a relative that works for a
developer doing business with the local government, that fact should be disclosed.
Confidential Information. Members shall not disclose toothers, oruse tnadvance their personal
interest, intellectual property, confidential information, or information that is not yet public
knowledge, that has been acquired bythem inthe course oftheir official duties.
Information that may be in the public domain or accessible by means of an open records request,
isnot confidential.
Private Employment. Members should not engage in, solicit, negotiate for, or promise to accept
private employment, nor should they render services for private interests nrconduct a private
business when such employment, service, or business creates acnnf|ict with or impairs the
proper discharge of their official duties.
Teaching, lecturing, vvribn0' or consulting are typical activities that may not involve conflict of
interest, or impair the proper discharge of their official duties. Prior notification of the appointing
authority isappropriate inall cases nfoutside employment.
Representation. Members should not represent any outside interest before any agency, whether
public or private, except with the authorization of or at the direction of the appointing authority
they serve.
Endorsements. Members should not endorse commercial products or services bvagreeing to
use their photograph, endorsement, or quotation in paid or other commercial advertisements,
COPYRIGHT (D 2020 BY THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL
marketing materials, social media, orother documents, whether the member is compensated or
not for the nnennber's support. Members may, however, provide verbal professional references
as part of the due diligence phase of competitive process or in response to a direct inquiry.
Members may agree toendorse the following, provided they donot receive any compensation:
(1) books or other publications; (3) professional development or educational services provided
by nonprofit membership organizations or recognized educational institutions; (3) products
and/or services in which the local government has direct economic interest.
Members' observations, opinions, and analyses ofcommercial products used or tested by their
local governments are appropriate and useful to the profession when included as part of
professional articles and reports.
COPYRIGHT (D 2020 BY THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL
RIGHTS RESERVED.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9.
For Meeting of: August 4, 2020
ITEM TITLE: Resolution authorizing the Mayor of the City of Yakima to execute
an Employment Agreement for City Manager with Robert Harrison
SUBMITTED BY: Connie Mendoza, Director of Human Resources
SUMMARY EXPLANATION:
See attached.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOM M ENDAT ION:
ATTACHMENTS:
Description Upload Date
D Resolution 7/28/2020
D Harrison Employment Agreement 7/28/2020
Type
Cover Memo
Cow- Memo
ORDINANCE NO. 2021-022
AN ORDINANCE amending the City of Yakima City Manager annual salary.
WHEREAS, the City of Yakima entered into an employment agreement with Bob
Harrison to become the City Manager on August 4, 2020.
WHEREAS, the employment agreement provides for an annual performance evaluation
based upon a work plan cooperatively developed between the City Manager and the City
Council.
WHEREAS, the employment agreement allows the City Council to approve pay and
compensation adjustments from tirrte to time.
WHEREAS, following the annual performance evaluation, the City Council wishes to
adjust the City Manager annual base salary to two hundred eleven thousand eleven dollars and
ninety-four cents ($211,011.94),
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section I. The City Manager salary shall be increased and set at two hundred
eleven thousand eleven dollars and ninety-four cents ($211,011.94) payable in monthly
installments at the same time as other City Employees are paid.
Section 2. The City Manager shall be paid a lump sum payment of six hundred sixty-
nine dollars and five cents ($669.05) payable as salary in the December 6, 2021 installment,
Section 3. This ordinance shall be in full force and effect on November 1, 2021 after
its passage, approval, and publication as provided by law and by the City Charter,
PASSED BY THE CITY COUNCI
ATTEST:
Sonya
signed and approved this 7' day of September, 2021
Publication Date: September 10, 2021
Effective Date: November 1, 2021
Patricia By s, Mayor
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 14.
For Meeting of: September 7, 2021
Ordinance amending the City of Yakima City Manager annual salary
Connie Mendoza, Director of Human Resources
SUMMARY EXPLANATION:
The City of Yakima entered into an employment agreement with Bob Harrison to become the City
Manager on August 4, 2020. The employment agreement provides for an annual performance
evaluation based upon a work plan cooperatively developed between the City Manager and the City
Council.
Following the annual performance evaluation, the City Council wishes to adjust the City Manager's
annual base salary to two hundred eleven thousand dollars ($211,000).
ITEM BUDGETED: NA
STRATEGIC PRIORITY: NA
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
❑ ordinance 8/31/2021 Corer Memo