HomeMy WebLinkAboutMatthew Selby - Employement Agreement for Interm Assistant ManagerEMPLOYMENT AGREEMENT FOR INTERIM ASSISTANT CITY MANAGER OF
THE CITY OF YAKIMA
THIS EMPLOYMENT AGREEMENT (hereafter referred to as "Agreement"), is by and
between the City of Yakima, Washington, a Washington municipal corporation (hereafter referred
to as "City"), and Matthew Selby. (hereafter referred to by name, as "Interim Assistant City
Manager", or as "employee").
WHEREAS, pursuant to RCW 35.18.060, Yakima Municipal Code ("YMC") 1.18.010,
and Article II of the City Charter of the City of Yakima (hereafter referred to as the "City Charter"),
the City Manager of the City of Yakima desires to employ Matthew Selby as the Interim Assistant
City Manager of the City of Yakima; and
WHEREAS, the City desires to provide for certain benefits and compensation for the
Interim Assistant City Manager and to establish conditions of employment applicable to the
Interim Assistant City Manager; and
WHEREAS, Matthew Selby desires to accept employment as the Interim Assistant City
Manager of the City of Yakima under the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual promises as set forth in this
Agreement, the parties agree as follows:
Section 1. Employment and Duties.
A. Matthew Selby is appointed as Interim Assistant City Manager effective on the date
provided in Section 2 and under the terms of this Agreement, and agrees to accept
employment with the City in the position of Interim Assistant City Manager. The Interim
Assistant City Manager shall have the duties, responsibilities and powers of said office as
set forth in the City of Yakima Class Specification for Assistant City Manager, which is
attached as Exhibit A, and under Washington law, the Yakima Municipal Code, the City
Charter, and he shall perform such other legally permissible and proper duties and
functions as the City Manager shall from time to time assign. The Interim Assistant City
Manager shall follow the City of Yakima administrative policies and procedures. The
Interim Assistant City Manager agrees to perform all duties and responsibilities faithfully,
industriously, and to the best of his ability and in a professional and competent manner.
B. The Interim Assistant City Manager shall remain in the exclusive employ of the City and
shall devote all such time, attention, knowledge and skills necessary to faithfully perform
his duties under this Agreement. The Interim Assistant City Manager may, however,
engage in educational and professional activities upon receipt of approval by the City
Manager, which approval shall not be unreasonably withheld, provided that such activities
shall not interfere with his primary obligation to the City as its Interim Assistant City
Manager. The Interim Assistant City Manager shall dedicate no less than an average of
forty (40) hours per week in the performance of his duties hereunder.
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C. If the Interim Assistant City Manager serves on any appointed boards or elected boards of
any professional organization, or serves on any committees related to his professional
activities, in the event any monies are paid, or gifts received by the Interim Assistant City
Manager related to such service, such money or property shall be paid over to or delivered
to the City, unless otherwise provided by the City Manager.
Section 2. Duration of Agreement.
A. The City's employment of Matthew Selby as the Interim Assistant City Manager of the
City of Yakima is effective on November 15, 2021 and shall last a minimum of three (3)
months but no longer than six (6) months. Extensions past the initial three months shall be
month to month as needed.
B. The Interim Assistant City Manager shall serve at the pleasure of the City Manager and
shall be an at -will contractual employee of the City of Yalcima, and Matthew Selby waives
any rights to a pre -termination hearing or post -termination hearing in the event of discipline
or termination. The parties recognize that the Interim Assistant City Manager is an at -will
employee whose employment may be terminated at any time, without or with cause.
C. The parties recognize the position of Interim Assistant City Manager is a temporary
position and lasting only until the City is able to fill the position of Assistant City Manager
on a permanent basis. Nothing in this Agreement shall prevent Matthew Selby from
applying for the permanent Assistant City Manager position if he chooses to do so.
Section 3. Yakima Municipal Code.
The references to the Yakima Municipal Code ("YMC") sections in this Agreement are to
the City of Yakima Municipal Code as it currently exists, or as it may be amended in the future.
Section 4. Salary.
A. For the performance of services pursuant to this Agreement, the City agrees to pay the
Interim Assistant City Manager a monthly salary of twelve thousand nine hundred
ninety-five dollars and seventy-five cents ($12,999.75), payable in installments at the
same time as other City employees are paid. The monthly salary is based on a one
hundred seventy -three-point thirty-three (173.33) hour work month with an hourly
wage of seventy-five dollars ($75.00). Partial months shall be paid on a pro -rated basis
at the hourly rate.
B. The Interim Assistant City Manager is eligible to participate in the City of Yakima's
Deferred Compensation Program. Contributions will be made by the employee only
and no additional compensation will be paid by the City. All applicable program rules
shall apply.
C. Nothing in this Section shall require the City to increase the base salary or other benefits
of the Interim Assistant City Manager.
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D. The Interim Assistant City Manager acknowledges that, pursuant to the Fair Labor
Standards Act (FLSA), the Assistant City Manager qualifies for the professional
employee exemption. As an exempt employee, the Interim Assistant City Manager is
paid a salary and is not entitled to overtime compensation.
Section 5. Dues and Subscriptions.
Pursuant to YMC 2.20.085(6), the City will pay the Interim Assistant City Manager's
professional dues approved by the City Manager. Other appropriate dues and subscriptions on
behalf of the Interim Assistant City Manager will be paid by the City as approved by the City
Manager, if funds are available in the City's annual budget.
Section 6. Professional Development.
A. Pursuant to YMC 2.20.085(5), and in accordance with the City's travel policy, the City
agrees to pay reasonable and customary travel and subsistence expenses for the Interim
Assistant City Manager's travel to and attendance at conferences approved by the City
Manager. The City may choose to pay for the Interim Assistant City Manager's
attendance at other seminars, conferences, and committee meetings as deemed appropriate
and approved in advance by the City Manager.
B. The Interim Assistant City Manager is expected to wear business professional clothing.
The city will not provide clothing nor uniforms.
Section 7. Community Involvement.
The City recognizes the desirability of representation in and before local civic and other
organizations, and encourages the Interim Assistant City Manager to participate in these
organizations to foster a continuing awareness of the City's activities as well as the community's
attitudes and ideas.
Section 8. Holidays and Other Time Off.
The Interim Assistant City Manager is entitled to specified holidays with pay consistent
with management employees pursuant to YMC 2.40.080. Upon initiation of employment Mr.
Selby shall earn Paid Time Off (PTO) at the initial accrual rate of 17.67 hours per month, as
provided in the City of Yakima Paid Time Off (PTO) Policy for Unrepresented Management
Employees (effective date 1/1/2018). The Interim Assistant City Manager is not eligible for paid
personal holidays or other paid time off except as provided by law.
Section 9. Housing Allowance.
The City shall pay Mr. Selby, in addition to the monthly salary, allowances and benefits
set forth herein, a housing cost allowance of One Thousand Five Hundred Dollars ($1,500.00) per
month.
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Section 10. Relocation Allowance.
The city shall pay Mr. Selby, in addition to the monthly salary, allowances and benefits set
forth herein, a one-time payment of Two Thousand Dollars ($2,000) to help with costs associated
with his temporary relocation to Yakima. This payment is subject IRS guidelines and will be
processed as a fringe benefit.
Section 11. Health Care.
The City of Yakima has an employee Health Care Plan. Health care coverage is available
for City employees and their dependents for which the City cost shares.
WAIVER OF PARTICIPATION: By my signature below, I acknowledge that Health
coverage has been offered to me and I elect not to participate at this time. I am aware that my only
opportunity to - oll in t ; future is if a qualifying event occurs.
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Section 12. Communication Equipment.
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Date
The Interim Assistant City Manager will receive a City -issued cell phone to be used for
City business in accordance with City policy.
Section 13. Termination by the City Manager.
A. Pursuant to RCW 35.18.060, YMC 1.18.010, and Article II of the City Charter, and as
provided in this Agreement, the Interim Assistant City Manager shall serve at the pleasure
of the City Manager, and the City Manager may terminate this Agreement and the Interim
Assistant City Manager's employment with the City at any time without cause or with
cause, and/or for no reason or for any reason.
B. Should the City Manager terminate the services of the Interim Assistant City Manager
"without cause", the City shall provide the Interim Assistant City Manager with written
notice of the intent to terminate at least fourteen (14) days prior to the effective date of
termination. At the next regular City payroll following the effective date of such
termination, the City shall pay accrued and unpaid salary and benefits earned prior to the
date of termination (including leave) as calculated and provided in the YMC Chapter 2.40.
C. In the event the Interim Assistant City Manager is terminated for "just cause," the City
shall have no obligation to pay the amounts outlined in Section 14 of this Agreement. For
purposes of this Agreement, "just cause" is defined to include but is not limited to any of
the following:
1. Misfeasance, malfeasance and/or nonfeasance in performance of the Assistant City
Manager's duties and responsibilities.
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2. Conviction or a plea of guilty or no contest to a felony crime, whether or not
adjudication is withheld.
3. Conviction of a gross misdemeanor or misdemeanor involving moral turpitude.
4. Neglect of duty, including the inability or unwillingness to properly discharge the
responsibilities of office.
5. Violation of any substantive City policy, rule, or regulation, which would subject
any other City employee to termination.
6. The commission of any fraudulent act against the interest of the City.
7. The commission of any act which involves moral turpitude, or which causes the
City disrepute.
8. Violation of City of Yakima Charter Article VI, Section 5, or violation of Revised
Code of Washington ("RCW") Chapter 42.23, entitled "Code of Ethics for
Municipal Officers --Contract Interests".
9. Violation of the City of Yakima Police Department Law Enforcement Code of
Ethics.
10. Any other act of a similar nature of the same or greater seriousness.
Section 14. Termination by the Assistant City Manager.
The Interim Assistant City Manager may terminate this Agreement within the initial three
months by delivering to the City Manager a written notice of termination not later than thirty (30)
days prior to the effective date of the termination. Upon request by the employee at the time of
the Interim Assistant City Manager's written notice of termination, the City Manager has the
discretion to agree on behalf of the City to a notice of termination period of less than thirty (30)
days; provided, however, the City Manager is not required to grant the employee's request for a
notice of termination period of less than thirty (30) days. The Interim Assistant City Manager may
terminate this Agreement at after the initial three months by delivering to the City Manager a
written notice of termination not later than fourteen (14) days prior to the effective date of the
termination. If the Interim Assistant City Manager terminates this Agreement with the appropriate
days' notice as described above, the City shall pay to the Interim Assistant City Manager all
accrued compensation due to the Interim Assistant City Manager up to the Interim Assistant City
Manager's final day of employment, and the pay out of any accumulated leave shall be governed
by the same Yakima Municipal Code provisions and City policies as those for City management
employees. The City shall have no further financial obligation to employee pursuant to this
Agreement. This Section shall not prevent the Interim Assistant City Manager from collecting any
money earned as a result of participation in the City's deferred retirement program.
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Section 15. Disability.
If the Interim Assistant City Manager becomes permanently disabled or is otherwise unable
to perform his duties because of sickness, accident, injury, mental incapacity or health for a period
of four (4) consecutive weeks beyond any accrued leave, or beyond a period of time that the
employee is otherwise legally entitled to, the City shall have the option to terminate this
Agreement.
Section 16. Indemnification.
A. The Interim Assistant City Manager 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 Interim Assistant City Manager, regardless of
whether the notice of claim or filing of a lawsuit occurs during or following employment
with the City.
Section 17. Bonding.
The City agrees to bear the full cost of any fidelity or other bonds required of the Interim
Assistant City Manager under any policy, regulation, ordinance or law.
Section 18. 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.
C. This Agreement shall be binding upon and inure to the benefit of the heirs at law or personal
representative of the Interim Assistant City Manager.
D. This Agreement contains the entire Agreement of the parties. It may not be changed
verbally, but only by an Agreement in writing signed by the parties.
E. Washington law shall govern this Agreement, and any litigation that may arise from this
Agreement shall be filed and litigated in Yakima, Washington.
F. Upon the Interim Assistant City Manager's death, the City's obligations under this
Agreement shall terminate except for:
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1. Transfer of ownership of retirement funds, if any, to his designated beneficiaries;
2. Payment of accrued leave balances as provided for management employees under
these circumstances under the Yakima Municipal Code and City Policy;
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.
G. The parties acknowledge that each had an opportunity to review this Agreement and
consult with their attorney if they chose to do so, and, accordingly, no court construing this
Agreement shall construe it more strictly against one party than the other and every
covenant, term and provision of this Agreement shall be construed simply according to its
fair meaning.
H. This Agreement may be executed in duplicate or counterparts, 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.
EXECUTED this a$- day of Ca -Ober , 2021.
CITY OF YAKIMA
arrison, City Manager
EXECUTED this 22 ay of 0/610Pj 2021.
City Contract No. 2021-
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CITY CONTRACT NO' 2 2. I — I -
RESOLUTION NO' hiCk
First Extension to the Employment Agreement
For Interim Assistant City Manager
This First Extension of the existing Employment Agreement (City Contract No. 2021-161)
(hereafter "Agreement") with Matthew Selby (hereafter "Employee") is made and entered into by
and between the City of Yakima (hereafter the "City") and Employee.
Whereas, the City entered into said Agreement with Employee for the purpose of obtaining
an Interim Assistant City Manager for the City of Yakima; and
Whereas, the original term of said Agreement was for a period beginning November 15,
2021 for a minimum of three (3) months but not longer than six (6) months; and
Whereas, Section 2 of said Agreement allows the extension of the Agreement upon mutual
consent; and
Whereas, the parties wish to amend the Agreement to allow Employee to continue
employment for a one -month extension; and
Now, therefore, the City and Employee agree to extend the terms of the employment
agreement for one additional month thru March 14, 2022.
Except as expressly modified herein, all other terms and conditions of the Agreement
between the City of Yakima and Matthew Selby (City Contract No. 2021-161) shall remain in full
force and effect.
CITY OF YAKIMA
By:
Bob Harrison
City Manager
Date:
dr,
ATTEST:
)
City Cler
City Contract No.: 2021-161
First Amended Contract for
Interim Assistant City Manager
between City of Yakima
and Matthew Selby
MATTHEW SELBY
By:
1
Second Extension to the Employment Agreement
For Interim Assistant City Manager
This Second Amendment of the existing Employment Agreement (City Contract No. 2021-
161) (hereafter "Agreement") with Matthew Selby (hereafter "Employee") is made and entered
into by and between the City of Yakima (hereafter the "City") and Employee.
Whereas, the City entered into said Agreement with Employee for the purpose of
obtaining an Interim Assistant City Manager for the City of Yakima; and
Whereas, the original term of said Agreement was for a period beginning November 15,
2021 for a minimum of three (3) months but not longer than six (6) months; and
Whereas, Section 2 of said Agreement allows the extension of the Agreement upon
mutual consent; and
Whereas, on February 8, 2022 the parties have previously agreed to extend the
Agreement for an additional one month period; and
Whereas, the parties wish to amend the Agreement to allow Employee to continue
employment for a second additional one month extension; and
Now, therefore, the City and Employee agree to extend the terms of the employment
agreement for one additional month thru April 15, 2022.
Except as expressly modified herein, all other terms and conditions of the Agreement
between the City of Yakima and Matthew Selby (City Contract No. 2021-161) shall remain in full
force and effect.
CITY OF YAKIMA
By:
qij
Bob Harrison
City Manager
Date: 3I
City Contract Contract No.: 2021-161 'ck,p,
MATTHEW SELBY
By:
Mfthew Selby
Date: 312 2Z
Second Amended Contract for Interim Assistant City Manager
Between City of Yakima and Matthew Selby
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