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