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HomeMy WebLinkAboutR-2011-096 Michael Morales Appointment as Interim City Manager; Employment AgreementRESOLUTION NO. R-2011-96 A RESOLUTION relating to administration; designating Michael Morales as the Interim City Manager effective immediately upon the conclusion of the July 5, 2011 City Council meeting, said appointment to continue until either a permanent City Manager is appointed by the City Council or further action terminating this appointment is taken by the Council, whichever first occurs. WHEREAS, Dick Zais is the current City Manager duly appointed by the Yakima City Council; and WHEREAS, Dick Zais will retire from his role as the Yakima City Manager upon the conclusion of the City Council meeting set for July 5, 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 Dick Zais 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 time necessary for the City Council to appoint 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 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 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, 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 terms of the written agreement between the Council and Michael Morales, said appointment to become effective following his recitation of the official oath of office and execution of and filing with the City Clerk a bond in favor of the City in the sum fixed by the City Council, as provided in RCW 35.18.050, and upon the conclusion of the City Council meeting set for July 5, 2011; 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 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 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 21st day of June, 2011. ATTEST: Micah Cawl, Mayor BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No /1 For Meeting Of June 21, 2011 ITEM TITLE: City Council consideration of the designation of Michael Morales as the Interim City Manager, effective immediately upon the conclusion of the July 5, 2011 City Council meeting and continuing until a permanent City Manager is appointed by the City Council or further action terminating this appointment is taken by the Council. SUBMITTED BY: Jeff Cutter, City Attorney CONTACT PERSON/TELEPHONE: Jeff Cutter - 575-6030 SUMMARY EXPLANATION: The City Council desires to address the retirement of present City Manager Dick Zais, effective immediately upon the conclusion of the July 5, 2011 City Council meeting, and shall therefore consider the attached resolution designating Michael Morales to be the Interim City Manager for the period of time beginning immediately upon the conclusion of the July 5, 2011 City Council meeting and continuing until a permanent City Manager has taken the oath of office to assume that position. Upon approving the attached resolution, and following the administration of the oath of office, Michael Morales shall be designated as the Interim City Manager, authorized by the City Council to carry out all of the duties and responsibilities of the Yakima City Manager in accord with the provisions of the City Charter, RCW and the specific terms and conditions of the agreement attached hereto, between Michael Morales and the Yakima City Council. Resolution X Ordinance Contract Other(Specify) Contract X Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: BOARD/COMMISSION/COMMITTEE RECOMMENDATION: COUNCIL ACTION: (�eolu�-�) � -2011 -46 _ado Michael Anthony Morales 601 South 34th Avenue Yakima, Washington 98902 509/426-9070 e-mail: ' moralesmdvmCa charter.net OBJECTIVE Appointment to executive management position in municipal government. WORK HISTORY City of Yakima 129 North 2nd Street; Yakima, WA 98901 Phone: 509/575-6040 Titles/Positions Held: Actin Ci Mana ' er and Actin . Assistant Ci Mana er — 2011 Director of Community & Economic Development -- 2010 Deputy Director of Community & Economic Development — 2006-2009 Economic & Community Affairs Specialist — 2002-2005 Grants Officer —1997-2002 Prior to current acting city manager/assistant city manager assignments, directed a full service development department with a $21 million annual budget and 55 employees providing services in the areas of Neighborhood Development, Planning, Code Enforcement and Engineering. Prime contact for economic development, state and federal relations. Responsible for budget, strategy and policy recommendations to the Office of the City Manager, Mayor, City Council members, and executive management on top priority and highly visible projects and initiatives. Author state and federal legislative agendas, tracked legislation and advocated to state and federal elected or appointed officials and interest groups to further the city's legislative priorities and funding requests. Negotiated and managed non-profit agency and consultant agreements for community services and economic development loan funds. Accomplishments include serving as primary author and lead staff member in efforts to secure over $75 million in state and federal grants and appropriations for priority projects. Rio Grande Valley Empowerment Zone Corporation 301 S. Texas Avenue; Mercedes, TX 78570; Phone: 956/514-4000 Title: Operations and Special Projects Manager 1995-1997 Responsible for strategic planning, policy development, and implementation of a $40 million federal community development initiative involving two federal agencies (USDA and HHS), the State of Texas Department of Health and Human Services, four counties, seven cities, and eight school districts. Developed funding policies and organizational structure for allocation of funds. Negotiated and managed over 40 agency or consultant contracts for complex projects in the areas of community services and facilities, economic development, housing, transportation, infrastructure, health care, education' and job training. Reported directly to the Chief Executive Officer and worked closely with a 19 -member Board of Directors comprised of elected officials, business owners, community activists and service providers. Provided staff support to four community advisory committees. Lower Rio Grande Valley Development Council 4900 North 23rd St.; McAllen, TX 78504 Phone: 956/682-3481 Title: Economic Development and Transportation Planner 1994-1995 As part of a 3 -county Conference of Governments and federal Economic Development District, provided technical assistance to small cities in development strategies, marketing and the preparation of federal grant applications. Monitored sub -contracts and programs related to regional economic development and transportation funds. Washington State Migrant Council Sunnyside, WA Phone: 509/839-9762 Title: Development Specialist 1993-1994 Responsible for all aspects of planning and development of new and expanded program sites throughout the state of Washington. 'Provided technical assistance to Head Start center staff in the areas budgeting and financial' development. Represented the agency on various committees and served as a liaisonwith local government in communities where program centers were located. EDUCATION University of Washington Daniel J. Evans School of Public Affairs Executive Public Administration Program — 2003-2005 University of Washington Bachelor of Arts Major: American Ethnic Studies SPECIAL TRAINING COMPLETED University of Washington Evans School. of Public Affairs Cascade Management Series (11 CEU) "Managing the Budget Process" "Managing Organizational Change" "Developing Practical Programs in a Political Environment" "Working Effectively w/ Elected Officials, Media & Interest Groups" U. S. Department of Housing and Urban Development Training Economic Development Toolbox All The Right Moves in Relocation The Grantsmanship Center `Program Planning & Proposal Writing" Association of Washington Cities Training Courses National League of Cities Training Courses ACTIVITIES & COMMITTEES Yakima National Little League Coach/Manager, 2008, 09, 10, 11 Yakima Youth Soccer Association Coach — 2005,06, 08, 09, 10 St. Paul Cathedral Choir — 2003-2010 Washington State Performance Audit Committee — Gubernatorial Appointee 2005 Director, Greater Yakima Chamber of Commerce (2007 — 2010) President, Hispanic Academic Achievers Program Board of Directors (2001-04) Director, Catholic Charities Housing Services Corporation (2001 -Present) Washington State DSHS Economic Services Advisory Committee (2002-2004) Washington Education Foundation Hometown Mentor (2001-04) City of Yakima Employee Health Insurance Board of Directors (2002-2005; 2007-2011) EMPLOYMENT AGREEMENT BETWEEN CITY OF YAKIMA AND MICHAEL A. MORALES REGARDING INTERIM CITY MANAGER POSITION , 1. Date and Parties. This Agreement, dated June 21St, 2011, 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 is conducting a search for qualified candidates to serve as the next permanent Yakima City Manager. At a public meeting held on June 21St, 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- on June 21St, 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 July 5, 2011, immediately upon the conclusion of the regularly scheduled City Council meeting set for that date Mr. Morales is designated to the position of Interim City Manager. 4. Term. Mr. Morales's designation as Interim City Manager shall commence on July 5, 2011, immediately upon the conclusion of the City Council meeting regularly scheduled for that date and shall continue until such time as a permanent City Manager has taken the oath of office and resumes the responsibilities of City Manager, or 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 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. Employment Agreement Between City of Yakima and Michael Morales Regarding Interim City Manager Position Page 1 of 3 City Morales 6. Salary and Performance Review. 6.1 Mr. Morales's starting salary shall be $ per year (the same compensation as he is being paid for the Assistant City Manager position) 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 by August 31, 2011, if he continues to serve as the Interim City Manager beyond that date, to consider increasing his salary beginning with the effective date of any said increase 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 commencing September 1, 2011. 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 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. Employment Agreement Between City of Yakima and Michael Morales Regarding Interim City Manager Position Page 2 of 3 City Morales 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 the position he held immediately preceding his designation, that being 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 written concurrence of both parties. Dated this 21st day of June, 2011. CITY OF YAKIMA By: Micah Cawley, M. dor 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. By: *,//f/t----- Michael A. Morales Employment Agreement Between City of Yakima and Michael Morales Regarding Interim City Manager Position CITY CONTRACENO:,12)0/1" 4 RESOLUTION NO: g'" .4'I, Page 3 of 3 City Morales