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HomeMy WebLinkAboutR-2024-139 Resolution authorizing the Mayor of the City of Yakima to execute an Employment Agreement for City Manager with Victoria Baker RESOLUTION NO. R-2024-139 A RESOLUTION authorizing the Mayor of the City of Yakima to execute an Employment Agreement for City Manager with Victoria Baker. WHEREAS, the City Council has selected Victoria Baker to be the City Manager of the City of Yakima; and WHEREAS, the City and Victoria Baker desire to enter into an employment agreement in accordance with the terms and conditions of the attached Employment Agreement, attached hereto as Exhibit "A" and incorporated herein by this reference, pursuant to which Victoria Baker will become the City Manager of the City of Yakima on August 8, 2024; 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 Victoria Baker; 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 Victoria Baker. ADOPTED BY THE CITY COUNCIL this 23rd day of July, 2024. Pad Patricia Byers/Mayor ATTEST: "�v i *�' 0 1 IS - A 9 4 * SEAL *% Rosalinda Ibarra City Clerk 111117-, 0\'_= EMPLOYMENT AGREEMENT FOR CITY MANAGER THIS EMPLOYMENT AGREEMENT(hereafter referred to as"Agreement"), is made and entered into and between the City of Yakima, Washington, a Washington municipal corporation (hereafter referred to as "Employer"), and Victoria Baker(hereafter referred to by name or as"Employee"), both of whom agree as follows: Section 1. Term. This Agreement shall remain in full force and effect from August 8, 2024, until terminated by the Employer or Employee as provided in this Agreement. Section 2. Duties and Authority. A. Employer agrees to employ Victoria Baker as its City Manager, to perform the duties and functions specified in the City Charter, the Yakima Municipal Code, and Washington law, and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign without interference. B. Employee is the chief executive officer of the Employer and shall faithfully perform the duties as prescribed in the job description as set forth by the City and the City Charter and/or ordinances and as may be lawfully assigned by the Employer, and shall comply with all lawful governing body directives,state and federal law,Employer policies,rules and ordinances as they exist or may hereafter be amended. C. Specifically, it shall be the duty of the Employee to employ on behalf of the Employer all other employees of the organization consistent with the policies of the governing body and the ordinances and charter of the Employer. D. It shall also be the duty of the Employee to direct, assign, reassign, and evaluate all of the employees of the Employer consistent with policies, ordinances, charter, state and federal law. E. It shall also be the duty of the Employee to organize,reorganize and arrange the staff of the Employer and to develop and establish internal regulations, rules and procedures which the Employee deems necessary for the efficient and effective operation of the Employer consistent with the lawful directives, policies, ordinances, state and federal law. F. It shall also be the duty of the Employee to accept all resignations of employees of the Employer consistent with the policies, ordinances, state and federal law, except the Employee's resignation, which must be accepted by the governing body. 1 of 11 G. The Employee shall perform the duties of city manager of the Employer with reasonable care, diligence, skill and expertise, and in a professional and competent manner. H. All duties assigned to the Employee by the governing body shall be appropriate to and consistent with the professional role and responsibility of the Employee. I. The Employee cannot be reassigned from the position of city manager to another position without the Employee's express written consent. J. The Employee, or designee, shall be permitted to attend all meetings of the governing body, both public and closed, with the exception of those closed meetings devoted to the subject of this Agreement,or any amendment thereto, or the Employee's evaluation or otherwise consistent with state law. K. The governing body individually and collectively shall refer in a timely manner all substantive criticisms, complaints and suggestions called to their attention to the Employee for study and/or appropriate action. L. All duties assigned to Employee by the governing body should be appropriate to and consistent with the professional role and responsibility of the City Manager. Employee understands, however,that their role has broad responsibilities and requirements. M. Employee shall remain in the exclusive employ of the Employer and shall devote all such time, attention, knowledge and skills necessary to faithfully perform their duties under this Agreement. Employee shall dedicate no less than an average of forty (40) hours per week in the performance of their duties hereunder. N. If the Employee serves on any appointed boards or elected boards of any professional organization, or serves on any committees related to their professional activities, in the event any monies are paid, or gifts received, by the Employee related to such service, such money or property shall be paid over to or delivered to the Employer, unless otherwise provided by the City Council. O. In the event the Employee is temporarily unable to perform their duties, they shall designate an Acting City Manager. Section 3. Compensation. A. Base Salary. Employer agrees to pay Employee an annual base salary of$207,000.00, payable in installments at the same time that the other management employees of the Employer are paid. B. The City Manager shall receive pay and compensation adjustments (PACA)as shall be authorized and approved by the City Council as set forth in the Yakima Municipal Code 2.20.40. Page 2 of 11 C. 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 to time. 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 is intended to avoid any perception of unfair dealing or conflict of interest by the City Manager when negotiating salary rate increases. D. The City may also increase said base salary and/or other benefits of the Employee in such amounts and to such an extent as the City Council may determine desirable on an annual basis. E. Employee is entitled to specified holidays with pay pursuant to YMC 2.40.080. F. Nothing in this Section shall require the City to increase the base salary or other benefits of the Employee. G. The City of Yakima will contribute four percent (4%) of base wages to the City of Yakima 457 Deferred Compensation Plan. The City Manager may elect to defer additional wages consistent with the approved 457 plan regulations. Section 4. Health Insurance Benefits. The City of Yakima has an employee Health Care Plan. Health care coverage,including limited vision care and limited dental insurance, is available for City employees and their dependents for which the City cost shares. The employee's participation in the Health Care Plan is required. Pursuant to YMC Chapter 2.04, the City Manager will be covered by the City of Yakima employee Health Care Plan consistent with City management employees. Management employees pay medical expenses according to a rate schedule, and premium rates may be adjusted annually. The City will provide other insurance, or the availability for other insurance, for the Employee as it does for management employees. Section 5. Paid Time Off. Employee shall accrue annual leave, referred to as Paid Time Off or PTO, which increases depending on length of service, at the same accrual rate as provided in the City of Yakima Paid Time Off policy for unrepresented employees. For the purposes of this policy, the City Manager shall be deemed to have seventy-three(73)months of continuous service. In addition, eighty(80)hours of annual leave will be placed in the Employer's annual paid time off account one time at the time of their employment with the Employee, which may be used at the time(s) of their option in communication with the City Council. Accrual of Paid Time Off shall be according to the City of Yakima Paid Time Off policy. Page 3 of 11 Section 6. Automobile Allowance, Communication Equipment,and Travel Costs. A. The Employee's duties require exclusive and restricted use of an automobile. Pursuant to YMC 2.20.097, the Employee shall be paid the amount of$300.00 each month as a vehicle allowance, and the Employee shall be responsible for purchasing, maintaining, and insuring their vehicle,as well as all costs and expenses associated with maintenance, repair and ownership of their vehicle. The payment will be included with the Employee's monthly compensation amount as a separate item. The vehicle allowance will be treated as a taxable benefit and will be subject to normal withholding taxes. The automobile allowance will not be included in any calculations as base pay. B. The Employee will receive a City-issued cell phone to be used for City business in accordance with City policy. C. Employer agrees to pay for travel and meal expenses pursuant to the City of Yakima Travel and Reimbursement Policy Section 7. Retirement The Employer agrees to enroll the Employee into the applicable state or local retirement system and to make all the appropriate contributions on the Employee's behalf. In addition to the Employer's payment to the state or local retirement system, as applicable, referenced above, Employer agrees to execute and keep in force all necessary agreements provided by the City's Section 457 deferred compensation plan for Employee's participation in said supplementary retirement plan. Section 8. Professional Dues. Pursuant to YMC 2.20.085(6), the Employer will pay the Employee's professional dues for memberships in the International City/County Management Association ("ICMA"), Association of Washington Cities (AWC) and the Washington City/County Management Association. Other appropriate civic club memberships, dues and subscriptions on behalf of the Employee will be paid by the Employer if funds are available in the City's annual budget and it is deemed in the best interest of the City for the Employee to participate in the proposed organization. Section 9. Termination. A. Pursuant to Article II, Section 8 of the City Charter, and as provided herein, the Employee shall serve at the pleasure of the City Council, and the City Council may terminate this Agreement and the Employee's employment with the City at any time, for any reason or for no reason. B. Within the first three years of employment should a majority of the entire City Council (currently four members) vote to terminate the services of the Employee "without Page 4 of 11 cause", then at the next regular City payroll after the effective date of the termination, the Council shall cause the Employee to be paid any accrued and unpaid salary and benefits earned(including PTO and insurance but excluding such items and allowances as are used in conducting City business such as, but not limited to, the automobile allowance and use of a City-issued cell phone)prior to the date of termination based on a forty (40) hour work week. Within forty-five (45) calendar days after the effective date of termination the Employee's employment,the Council shall cause the Employee to be paid a lump sum severance pay equal to four(4)months of their base salary as full and complete payment and satisfaction of any claims of the Employee of whatsoever nature arising out of this Agreement or otherwise. As consideration for such payment, the Employee shall, prior to receipt thereof, execute and deliver to the Employer a general release of the City and its Council members and its officers, agents, 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. In the event the Employee is terminated for "just cause," the Employer shall have no obligation to pay the amounts outlined in Section 9, Paragraph B of this Agreement. For purposes of this Agreement, "just cause"is defined and limited for purposes of this Agreement to any of the following: 1. Misfeasance, malfeasance and/or nonfeasance in performance of the Employee's duties and responsibilities. 2. Conviction or a plea of guilty or no contest to a felony crime, whether or not adjudication is withheld. 3. Neglect of duty, including the inability or unwillingness to properly discharge the responsibilities of office. 4. Violation of any substantive City policy, rule, or regulation, which would subject any other City employee to termination. 5. The commission of any fraudulent act against the interest of the City. 6. The commission of any act which involves moral turpitude, or which causes the City disrepute. 7. Violation of the International City/County Management Association Code of Ethics. 8. Any other act of a similar nature of the same or greater seriousness. D. In the event the City Council, at any time during the employment term, reduces the salary or other benefits of the City Manager,as identified herein, in a greater percentage than an equivalent across-the-board reduction for all full-time City employees, or in the Page 5 of 11 event the City allegedly refuses to comply with any other material provision of this Agreement benefiting the Employee, the Employee 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 Employee may at their option, consider such violation as termination "without cause" as of the date of such alleged reduction or refusal, and the severance pay provision and other termination provisions contained herein shall become applicable at the annual salary and benefit level in effect prior to the reduction or refusal. E. If the residents, City Council or legislature acts to amend any provisions of the Yakima City Charter,Yakima Municipal Code or other law pertaining to the role,powers,duties, authority (such as a change in form of government to a Strong Mayor form of government), or responsibility of the City Manager that substantially changes the form of City government, and the Employee is not afforded a role similar to their role as city manager (such as City Administrator), Employee shall have the right to declare that such legislative changes to the form of government constitute a termination and severance shall be determined pursuant to Section 9 paragraph B. Section 10. Resignation. In the event the Employee voluntarily resigns their position with the Employer the Employee shall provide a minimum of thirty days notice unless Employer and Employee agree otherwise. The Employer shall pay to the Employee all accrued compensation due to the Employee up to the Employee's final day of employment. Payout of accumulated PTO shall be governed by the same Ordinances and policies as those for City management employees. Employer shall have no further financial obligation to Employee pursuant to this Agreement. This Section shall not prevent Employee from collecting any money earned as a result of participation in the City's deferred retirement program. Any notice of resignation or letter of resignation submitted to the City Council shall be considered termination of employment by the Employee. Section 11. Performance Evaluation. A. Except as otherwise directed by the City Council, there shall be a six (6) month check in with the Employee andEmployee's job performance shall be reviewed after the first year of employment.Thereafter,Employer shall annually review the performance of the Employee on or before the date of this Agreement subject to a process, form, criteria, and format for the evaluation which shall be mutually agreed upon by the Employer and Employee. The annual evaluation process, at a minimum, shall include the opportunity for both parties to: (1)conduct a formulary session where the governing body and the Employee meet first to discuss goals and objectives of both the past twelve (12) month performance period as well as the upcoming twelve(12)month performance period, (2) following that formulary discussion,prepare a written evaluation of goals and objectives Page 6 of 11 for the past and upcoming year,(3)next meet and discuss the written evaluation of these goals and objectives, and (4)present a written summary of the evaluation results to the Employee. The final written evaluation should be completed and delivered to the Employee within 30 days of the initial formulary evaluation meeting. B. Unless the Employee expressly requests otherwise in writing, the evaluation of the Employee shall at all times be conducted in executive sessions of the governing body and shall be considered confidential to the extent permitted by law. Nothing herein shall prohibit the Employer or Employee from sharing the content of the Employee's evaluation with their respective legal counsel. C. In the event the Employer deems the evaluation instrument, format, and/or procedure to be modified by the Employer and such modifications would require new or different performance expectations, then the Employee shall be provided a reasonable period of time to demonstrate such expected performance before being evaluated. D. Performance evaluations may be facilitated by a third party, at the discretion of the City Council1 with the participation of the City Council. E. Failure to conduct any of the scheduled evaluations shall not constitute non-compliance with a material provision of this Agreement. Section 12. Hours of Work. It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the Employer, and to that end Employee shall be allowed to establish an . appropriate work schedule. The schedule shall be appropriate to the needs of the Employer and shall allow Employee to faithfully perform their assigned duties and responsibilities. Section 13. Ethical Commitments. Employee will at all times uphold the tenets of the ICMA Code of Ethics, a copy of which is attached hereto and incorporated herein. Specifically, Employee shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fundraising 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. Employer shall support Employee in keeping these commitments by refraining from any order, direction or request that would require Employee to violate the ICMA Code of Ethics. Specifically, neither the governing body nor any individual member thereof shall request Employee 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 matter of personnel on a basis other than fairness, impartiality and merit. Page 7 of 11 Section 14. Outside Activities. The employment provided for by this Agreement shall be the Employee's primary employment with all necessary time spent to fulfill the role of city manager. Employee is subject to City Charter Article 6, Section 5 regarding indirect or direct benefits to Employee. In the event Employee does not maintain their primary employment with the Employer or otherwise is found to not be prioritizing their role as city manager or otherwise not putting full effort into the role of city manager,that is grounds for termination for just cause. Recognizing that certain outside consulting or similar opportunities provide indirect benefits to the Employer and the community,the Employee may elect to accept limited consulting or business opportunities with the understanding that such arrangements must neither constitute interference with nor a conflict of interest with their responsibilities under this Agreement. Section 15. Indemnification. A. Employee shall be entitled to the benefits and subject to the responsibilities in City of Yakima Resolution No. D-5820, entitled "Resolution providing for indemnification against personal liability for City personnel", and any protections provided by State of Washington law, including RCW 4.96.041. B. Said indemnification referred to in this Section shall extend beyond the termination of employment and the expiration of this Agreement to provide protection for any such acts undertaken or committed in the capacity as Employee regardless of whether the notice of claim or filing of a lawsuit occurs during or following employment with the Employer. Section 16. Bonding Employer agrees to bear the full cost of any fidelity or other bonds required of the Employee under any policy, regulation, ordinance or law. Section 17. Professional Development. Pursuant to YMC 2.20.085(5), and in accordance with the Employer's travel policy, the Employer agrees to pay reasonable and customary travel and subsistence expenses for the Employee's travel to and attendance at the International City/County Management Association's annual conference, the Washington City/County Management Association's annual conference and the Association of Washington Cities' ("AWC")annual conference and/ or regional conferences. Employer will pay reasonable and customary travel and subsistence expenses relating to that professional development. Employer may choose to pay for Employee attendance at other seminars, conferences,and committee meetings as it deems appropriate and as approved by City Council action. Page 8 of 11 Section 18. Community Involvement. Employer recognizes the desirability of representation in and before local civic and other organizations, and encourages Employee to participate in these organizations to foster a continuing awareness of the Employer's activities as well as the community's attitudes and ideas. Section 19. Notices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Post Office, postage prepaid, and addressed as follows: EMPLOYER: Mayor City of Yakima 129 North 2nd Street Yakima, WA 98901 Sara Watkins, City Attorney City of Yakima 200 South 3rd Street Yakima, WA 98901 EMPLOYEE: Victoria Baker, City Manager City of Yakima 129 North 2nd Street Yakima, WA 98901 Victoria Baker Notice shall be deemed given as of the date of personal service or, if mailed, three mailing days after the date the notice is deposited in the U.S. Mail. Section 20. General Terms and Conditions. A. If any provision, or any portion thereof, contained in this Agreement is held by a court of competent jurisdiction to be unconstitutional, illegal, invalid or unenforceable, 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 of a breach 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. Page 9 of 11 EXECUTED by the City of Yakima this day of CITY OF YAKIMA 2024. By: Patricia By Mayor By ..i.BosalicidaiIbarra,. City Clerk. EXECUTED by Victoria Baker this g day of 31,W 2024. Victoria B er City Contract No.: Resolution No.: —1 73 Page 11 of 11 C. This Agreement shall be binding upon and inure to the benefit of the heirs at law or personal representative of Employee. D. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee regarding the terms and conditions herein. Any prior discussions or representations by or between the Employer, any of its elected or appointed officials, employees, agents, attorneys or volunteers, and Employee are merged into and rendered null and void by this Agreement. Employer and Employee by mutual written agreement may amend any provision of this Agreement during the life of the Agreement. E. In the event of any conflict between the terms, conditions and provisions of this Agreement and the provisions of Council's policies, or the City's ordinances, rules or regulations (or any state or federal law), then, unless otherwise prohibited by law, the terms of this Agreement shall take precedence over contrary provisions of policies or laws during the term of this Agreement. F. Washington law shall govern this Agreement and any litigation that may arise from this Agreement, shall be filed and litigated in Yakima, Washington. G. Upon the Employee's death, Employer's obligations under this Agreement shall terminate except for: 1. Transfer of ownership of retirement funds, if any, to their designated beneficiaries; 2. Payment of accrued leave balances in accordance with this Agreement; 3. Payment of all outstanding hospitalization, medical and dental bills in accordance with 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. H. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement and, accordingly, no court construing this Agreement shall construe it more strictly against one party that the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. I. This Agreement may be executed in duplicate, each of which shall be deemed an original and all of which together shall be deemed one and the same instrument. No term,condition or covenant of this Agreement shall be binding on either party until both parties have signed it. J. The effective date of this Agreement shall be the last date it is executed by either of the parties to this Agreement. Page 10 of 11 ICM/1 ICMA Code of Ethics with Guidelines The ICMA Code of Ethics was adopted by the ICMA membership in 1924, and most recently amended by the membership in April 2023. The Guidelines for the Code were adopted by the ICMA Executive Board in 1972, and most recently revised in June 2023. The mission of ICMA 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 is essential to effective,efficient,equitable,and democratic local government. Tenet 2. Affirm the dignity and worth of local government services and maintain a deep sense of social responsibility as a trusted public servant. GUIDELINE Advice to Officials of Other Local Governments. When members advise and respond to inquiries from elected or appointed officials of other local governments, they should inform the administrators of those communities in order to uphold local government professionalism. Tenet 3. 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 of the elected and appointed officials, employees, and the public. GUIDELINES Public Confidence. Members should conduct themselves so as to maintain public confidence in their position and profession, the integrity of their local government, and in their responsibility to uphold 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 years. Some 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 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. Copyright © 2023 by the International City/County Management Association. All rights reserved. ICMA ethics Page 2 Appointment Commitment. Members who accept an appointment to a position should report to that position. This does not preclude the possibility of a 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 in the negotiated terms of employment. Credentials. A member's resume for employment or application for ICMA's Voluntary Credentialing Program shall completely and accurately reflect the member's education, work experience, and personal history. Omissions and inaccuracies must be avoided. Professional Respect. Members seeking a position 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; it does preclude attacking a person's motives or integrity. Reporting Ethics Violations. When becoming aware of a possible violation of the ICMA Code of Ethics, members are encouraged to report possible violations to ICMA. 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 mentoring, or social interactions with employees, elected officials and Board appointees. 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 roles —either within the local government Copyright © 2023 by the International City/County Management Association. All rights reserved. ICMA Page 3 organization or externally—should avoid participating in matters that create either a conflict of interest or the perception of one. They should disclose any potential conflict to the governing body so that it can be managed appropriately. Conduct Unbecoming. Members should treat people fairly, with dignity and respect and should not engage in, or condone bullying behavior, harassment, sexual harassment or discrimination on the basis of race, religion, national origin, age, disability, gender, gender identity, or sexual orientation. Tenet 4. Serve the best interests of all community members. GUIDELINES Effects of Decisions. Members should inform the appropriate elected or appointed official(s) of a decision's anticipated effects on community members. Promote Equity. Members should ensure fairness and impartiality in accessing programs and services and in the enforcement of laws and regulations. Members should assess and propose solutions to strive to eliminate disparities. Tenet 5. Submit policy proposals to elected 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. Tenet 7. 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 of the Governing Body. Members should maintain a reputation 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 of or in opposition to candidates 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. Running for Office. Members shall not run for elected office or become involved in political activities related to running for elected office, or accept appointment to an elected office. They shall not seek political endorsements, financial contributions or engage in other campaign activities. Copyright © 2023 by the International City/County Management Association.All rights reserved. ICMA et-lics Page4 Elections. Members share with their fellow citizens the right and responsibility to vote. However, in order not to impair their effectiveness on behalf of the local governments they serve, they shall not participate in political activities to support the candidacy of individuals 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 or holding elected office. Elections relating to the Form of Government. Members may assist in preparing and presenting materials that explain the form of government to the public prior to a form of government election. If assistance is required by another 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 of Issues. 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. Tenet 8. 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. GUIDELINES Self-Assessment. 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 ICMA. Tenet 9. Keep the community informed on local government affairs. Encourage and facilitate active engagement and constructive communication between community members and all local government officials. GUIDELINE Engagement. Members should ensure community members can actively engage with their local government as well as eliminate barriers and support involvement of the community in the governance process. Tenet 10. Resist any encroachment on professional responsibilities, believing the member should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice. Copyright © 2023 by the International City/County Management Association. All rights reserved. (CM/J Page 5 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 legislation. Tenet 11. Manage all personnel matters with fairness and impartiality. GUIDELINE Diversity and Inclusion. It is the member's responsibility to recruit, hire, promote, retain, train, and support a diverse workforce at all levels of the organization. Tenet 12. Public office is a public trust. A member shall not leverage his or her position for personal gain or benefit. GUIDELINES 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 to services, 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 minimus gifts 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 maximum dollar value based on guidance from the governing body or any 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 in Conflict with Official Duties. Members should refrain from any investment activity which would compromise the impartial and objective performance of their duties. Members should not invest or 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. In the case of real estate, the use of confidential information and knowledge to further a member's personal interest is not permitted. Purchases and sales which might be Copyright © 2023 by the International City/County Management Association.All rights reserved. ICMA ethics Page6 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 recuse themselves 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 a benefit from any investment when the interest or benefit is due to ownership by the member or the member's family of a de minimus percentage of a 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 a member by virtue of a relationship with any individual, spouse/partner, group, agency, vendor or other entity, the member shall disclose the relationship to the 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 to others, or use to advance their personal interest, intellectual property, confidential information, or information that is not yet public knowledge, that has been acquired by them in the course of their official duties. Information that may be in the public domain or accessible by means of an open records request, is not 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 or conduct a private business when such employment, service, or business creates a conflict with or impairs the proper discharge of their official duties. Teaching, lecturing, writing, 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 is appropriate in all cases of outside 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 by agreeing to use their photograph, endorsement, or quotation in paid or other commercial advertisements, marketing materials, social media, or other documents, whether the Copyright © 2023 by the International City/County Management Association.All rights reserved. ICMA Page 7 member is compensated or not for the member'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 to endorse the following, provided they do not receive any compensation: (1) books or other publications; (2) 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 a direct economic interest. Members' observations, opinions, and analyses of commercial 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 © 2023 by the International City/County Management Association.All rights reserved. Arill f,-•••••• . ),y''s BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 3.B. For Meeting of: July 23, 2024 ITEM TITLE: Resolution authorizing the Mayor of the City of Yakima to execute an Employment Agreement for City Manager with Victoria Baker SUBMITTED BY: Dave Zabell, Interim City Manager Connie Mendoza, Director of Human Resources SUMMARY EXPLANATION: The City Council has selected Victoria Baker to be the City Manager of the City of Yakima effective August 8, 2024. The terms and conditions of employment are defined in the attached employment agreement. ITEM BUDGETED: N/A STRATEGIC PRIORITY: N/A RECOMMENDATION: Adopt Resolution. ATTACHMENTS: R-2024-_Victoria Baker City Manager employment agreement resolution_final.docx manager.contract.baker_7.16.24_Final.pdf 5