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HomeMy WebLinkAboutR-2011-189 Appointment of Michael Morales as Interim City Manager; Resignation of Don Cooper RESOLUTION NO. R- 2011 -189 A RESOLUTION relating to administration; designating Michael Morales as the Interim City Manager effective January 1, 2012, said appointment to continue through March 31, 2012, and as thereafter may be extended, or further action terminating this appointment is taken by the Council, whichever first occurs. WHEREAS, Donald B. Cooper is the current City Manager duly appointed by the Yakima City Council, and WHEREAS, Donald B. Cooper has announced his resignation from the position of City Manager effective December 31, 2011, and said resignation has been accepted by the City Council during a special City Council meeting held on December 29 2011; and WHEREAS, the City Council believes it to be in the best interest of the City of Yakima that an Interim City Manager be designated to insure the continued operations of the City, to maintain the direction and control vested to the City Manager by statute and the City Charter and to provide the leadership required by this important position during the process of the Council's selection of a permanent City Manager to replace Donald B. Cooper following his retirement from that position; and WHEREAS, the City Council is authorized by the Yakima City Charter and RCW 35 18.140 to designate an interim city manager at such time as the previous City Manager is no longer available to serve in that position; and WHEREAS, the City Council has determined that Michael Morales, present Assistant City Manager, has the background, experience and administrative abilities to fulfill the duties and obligations of the position of City Manager during the term of the Employment Agreement attached hereto, and as that Agreement may be extended in the future as the City Council seeks a permanent City Manager to that position; and WHEREAS, Michael Morales has agreed to assume the role, duties and obligations of the City Manager on an interim basis pending the appointment of a permanent City Manager, and in accord with the written agreement attached hereto between the City Council and Michael Morales associated with this appointment; and WHEREAS, the City Council finds it to be in the best interest of the City of Yakima to designate Michael Morales as the Interim City Manager, with all of the powers, duties and authority associated with that position as set forth in RCW 35.18.060 and in Article II, Sections 7 -14 of the Yakima City Charter and under the terms and conditions set forth in the written agreement between the Council and Michael Morales; and WHEREAS, The City Council desires to designate Michael Morales as the Interim City Manager for the term set forth in the attached Employment Agreement and as that Agreement may hereafter be extended by the parties for the period of time necessary to complete the process of identifying and hiring a permanent City Manager and for the permanent City Manager to complete the oath of office, or until the Council takes further action to terminate this interim appointment, whichever first occurs; Now, Therefore, `4 , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Michael Morales is designated as the Interim City Manager of the City of Yakima under the terms and conditions set forth in this resolution and in the written Employment Agreement between the Council and Michael Morales, attached hereto, said appointment to become effective January 1 2012; upon his assumption of the office of Interim City Manager Michael Morales shall have and maintain all of the powers, duties and authority of the City Manager as granted by statute and City Charter until (1) the expiration of the attached Employment Agreement, including any extensions thereof; (2) until such time as a permanent City Manager is employed by the City Council and said City Manager has taken the official oath of office, or (3) until further action of the City Council terminating his appointment as the Interim City Manager, whichever shall first occur. ADOPTED BY THE CITY COUNCIL this 29 day of Dece er, 2011. 7 ATTEST: Micah Caw y, Mayor ` City Cle -7 '0' ` '' 1 i • ..* 1 1 1, #* SEAL:i '1 1I , R SH � �* G�O j h‘� r EMPLOYMENT AGREEMENT BETWEEN CITY OF YAKIMA AND MICHAEL A. MORALES REGARDING INTERIM CITY MANAGER POSITION 1. Date and Parties. This Agreement, dated January 1 2012, is entered into between the City of Yakima, a Washington municipal corporation ( "City ") and Michael A. Morales, ( "Mr. Morales "). 2. Intent and Purpose 2.1 The City is a First Class City operating under the Council - Manager form of government (chapter 35.18 RCW). 2.2 The City has received and accepted the resignation of City Manager Donald B. Cooper and will soon be engaging in a search for qualified candidates to serve as the next permanent Yakima City Manager. At a special meeting of the City Council held on December 29 2011 the City Council determined that it would designate Mr. Morales as the Interim City Manager, to conduct the duties and responsibilities of the City Manager during the pendency of the process of recruiting and hiring a new permanent City Manager, said designation to be in accord with the terms and conditions set forth in this employment agreement. 2.3 The City Council, by the adoption of Resolution 2011- ip on December 29 2011, authorized the Yakima City Mayor to designate Mr. Morales as the Interim City Manager on the terms and conditions set forth herein. Mr. Morales has agreed to accept this designation, subject to the terms and conditions of this Agreement. 2.4 The purpose of this Agreement is to define the terms and conditions of Mr. Morales's designation with the City as Interim City Manager. 3. Designation. By executing this Agreement, the City has offered, and Mr. Morales has accepted, the City Council's designation as the Interim City Manager upon the terms and conditions set forth herein. Effective January 1, 2012, Mr. Morales is designated to the position of Interim City Manager. 4. Term. Mr. Morales's designation as Interim City Manager shall commence on January 1, 2012, and shall continue through March 31, 2012, and may be extended for additional terms as determined by the parties hereto, or terminated as provided in Section 8 herein. 5. Duties. Mr. Morales shall perform all duties and obligations of the City Manager as required and appointed by law, and such other appropriate duties as are assigned from time to time by the City Council. The duties and authority of the City Manager, as set forth in the Yakima City Charter, the Yakima Municipal Code and in RCW 35.18.060, together with any future amendments thereto, are hereby incorporated by reference. Mr. Morales recognizes that the City Council is the legislative and policy making body of the City and agrees to respond promptly and equally to the Council regarding their concerns. The City, through the City Employment Agreement Between City of Yakima and Michael Morales Regarding Interim City Manager Position Page 1 of 5 City Morales Council, recognizes that the City Manager is the individual responsible for administration and enforcement of the City's ordinances and resolutions, and of the policies and directives of the City Council, and members of the City Council shall communicate concerns regarding administration to the Manager in accordance with RCW 35.18.110. Mr. Morales shall attend all special and regular meetings of the City Council, unless excused, and such other meetings as required by the City Council. 6. Salary and Performance Review. 6.1 Mr. Morales's starting salary shall be paid at ten percent (10 %) higher than step `C' of the Assistant City Manager compensation, as established by City ordinance, which shall be paid in accordance with the City's policies in effect from time to time for the payment of other City employees. 6.2 Mr. Morales's salary shall be re- evaluated by the City Council at such time as this Agreement may be extended in the future if he continues to serve as the Interim City Manager beyond the term of this Agreement, to consider increasing his salary during any future terms of service in the Interim City Manager position through the completion of his Interim City Manager responsibilities, taking into account Mr. Morales's performance, the limitations of the Yakima Municipal Code pay ordinance and such other factors as the City Council, in its sole discretion, deems appropriate. If the Council determines a salary adjustment is appropriate, then the adjustment shall be effective as shall be indicated in any future extensions of this Agreement. 6.3 Upon commencement of employment, the Council may meet with the Interim City Manager to establish a work plan which the Council determines necessary for the proper operation of the City and to attain the City's policy objectives. 7. Benefits. Mr. Morales shall receive such benefits as are set forth from time to time in City Council approved policies for non - represented Department Director benefits, unless the Agreement specifies otherwise. In the case of a conflict between the City policies and the Agreement terms, the Agreement terms shall control. 7.1 Membership Dues. The City shall pay membership dues for the Mr. Morales's membership in the International City Manager's Association (ICMA) and the Washington City /County Managers Association (WCCMA). The City shall pay for Mr. Morales's attendance at such conferences and for such other memberships, subscriptions, or dues, desirable for Mr. Morales's continued professional growth, advancement for the good of the City, and as shall be contained in the City's adopted annual budget. 7.4 Professional Development. The City agrees to budget for and pay for travel and subsistence expenses of Mr. Morales for professional and office travel, meetings and occasions adequate to continue the professional activities of Mr. Morales and to adequately pursue necessary official functions for the City, including, but not limited to the ICMA Annual Conference, the Association of Washington Cities, and the Washington City /County Managers Association. For any other professional functions outside of the State of Washington, the Council's prior approval shall be required. 7.5 General Expenses. The City recognizes that certain expenses of a non - personal and job - affiliated nature might be incurred by Mr. Morales. The City agrees to reimburse or to pay said general expenses to the extent authorized by State law, State auditor Employment Agreement Between City of Yakima and Michael Morales Regarding Interim City Manager Position Page 2 of 5 City Morales regulations and published guidelines, and City policy, and subject to such accounting process as is established by the City Finance Director. 7.6 Car Allowance. The City shall pay a monthly allowance of $300.00 for automobile expenses incurred by Mr. Morales using his personal vehicle for City related business. Said allowance is in lieu of the City otherwise providing Mr. Morales with use of a City vehicle on a regular basis. In addition to the foregoing, in the event that Mr. Morales, in the performance of his duties and obligations is required to use his automobile for travel outside the Central Washington Region, Mr. Morales will be entitled to reimbursement for mileage incurred outside said Region at the City's adopted mileage reimbursement rate. 8. Termination. 8.1 Mr. Morales acknowledges that the City can terminate his designation as Interim City Manager at any time, without any reason whatsoever. 8.2. In the event the City elects to terminate Mr. Morales's designation as Interim City Manager for any reason other than for "cause ", Mr. Morales shall return to his former position of Director of the Department of Community and Economic Development at the same pay rate that existed prior to his appointment to the position of Assistant City Manager. For purposes of this Agreement, the term "cause" shall mean misfeasance, malfeasance, or nonfeasance in office. 8.3 In the event Mr. Morales elects to terminate his designation as the Interim City Manager for any reason, Mr. Morales agrees to provide the City with not less than thirty (30) days' written notice prior to the effective date of said termination of employment. 9. Indemnification. Mr. Morales shall be entitled to the benefits and subject to the responsibilities provided for in City policies and practices. 10. Bonding. The City shall bear the full costs of any fidelity or other bonds required of Mr. Morales under any law or ordinance associated with performing the City Manager duties. 11. Integration and No Presumption of Draftsmanship. This Agreement constitutes the entire agreement between the parties, and both parties acknowledge that there are no other agreements, oral or otherwise, that have not been fully set forth in the text of this Agreement. In addition, the parties acknowledge that they have negotiated the Agreement terms and thus there shall be no presumption of draftsmanship in any dispute regarding the meaning or intent of any provision. 12. Modification. This Agreement can be amended or modified only with the wr- itten____— ___ concurrence of both parties. Employment Agreement Between City of Yakima and Michael Morales Regarding Interim City Manager Position Page 3 of 5 City Morales Dated this 29 day of December, 2011. CITY OF YAKIMA By L i�'(� Micah Cawley, Ma or Michael A. Morales represents and acknowledges that he has read this Agreement in its entirety and has had an opportunity to review the Agreement. He further represents and acknowledges that it is his understanding that this Agreement has been reviewed and approved by the Yakima City Attorney on behalf of the City only, and not on behalf of Mr. Morales. By virtue of this passage, he further acknowledges that he has been advised that he has the right to consult independent counsel concerning this Agreement, and that by signing this Agreement he acknowledges that he has afforded himself the opportunity to do so, or hereby expressly waives his right to have the Agreement reviewed by independent legal counsel, and agrees to the terms hereof by signing the same. B Michael A. Morales CITY CONTRAC r NO: n 0 I 110 0 2 RESOLUTION NO: .. — Employment Agreement Between City of Yakima and Michael Morales Regarding Interim City Manager Position Page 4 of 5 City Morales • CITY OF YAKIMA NOTICE OF SPECIAL MEETING YAKIMA, WASHINGTON NOTICE IS HEREBY GIVEN that a special meeting of the Yakima City Council will be held at the time, date and place indicated below, for the purpose of considering the matter specified below. Dated this 28 day of December, 2011. /s/ Deborah Kloster, CMC City Clerk Date, time and place of Special Meeting: Thursday, December 29, 2011 at 5:00 p.m. in the Council Chambers at City Hall, 129 North Second St., Yakima Special Meeting called by: Mayor Micah Cawley Agenda: Executive Session (allow one hour): To review the performance of a public employee I li • ACTION ON YAKIMA CITY COUNCIL SPECIAL MEETING DECEMBER 29, 2011 COUNCIL CHAMBERS, YAKIMA CITY HALL 5:00 P.M. 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave EttI and Bill Lover Staff: Acting City Manager Cutter and City Clerk Kloster 2. Council adjourned to Executive Session • To review the performance of a public employee Executive Session was held and adjourned at 5:39 p.m. Council reconvened at 5:44 p.m. Mayor Cawley reported City Manager Don Cooper has resigned effective December 31, 2011, due to family member medical emergency. He has asked Council to waive the 90- day termination contract provision to allow his tenure to -end on December 31, 2011. ACTION: Motion carried to accept Mr. Cooper's resignation and forego the 90 -day requirement as outlined in his contract. VOTE: 6 -1; Ettl voting no. ACTION: Motion carried to designate Michael Morales as the Interim City Manager and adopt the Resolution. VOTE: Unanimous RESOLUTION NO. R -2011 -189 4. Adjournment —5:52 p.m. ACTION: Motion carried to adjourn to January 10, 2011 at 6 p.m. in the Council Chambers of City Hall. VOTE: Unanimous voice vote.