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Home My WebLink AboutR-2023-124 Resolution authorizing a Second Amendment to the Employment Agreement for the City Manager RESOLUTION NO. R-2023-124 A RESOLUTION authorizing a Second Amendment to the Employment Agreement for the City Manager. WHEREAS, the City of Yakima entered into an employment agreement with Robert Harrison to become the City Manager on August 4, 2020 in Resolution R-2020-094, Contract No. 2020-134; and, WHEREAS, the employment agreement was amended previously in Resolution R- 2022-134 on October 4, 2022; and, WHEREAS, the employment agreement provides for an annual performance evaluation based upon a work plan cooperatively developed between the City Manager and the City Council; and WHEREAS, the employment agreement provides the City Council to approve pay and compensation adjustments from time to time; and WHEREAS, following the annual performance evaluation, the City Council wishes to amend the City Manager's contract; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Second Amendment to the Employment Agreement for the City Manager is hereby accepted. ADOPTED BY THE CITY COUNCIL this 12th day of September, 2023. I , ATTEST: Janice Deccio, Mayor WI hi _ y Rosalinda Ibarra, City Clerk �01 * .' '; SECOND AMENDMENT TO EMPLOYMENT AGREEMENT FOR CITY MANAGER This amendment to Section 3 and to Section 13 to the attached Employment Agreement for City Manager("Agreement") entered into and between Robert Harrison and the City of Yakima on August 24, 2020 in Resolution R-2020-094 and Contract No: 2020-134 and amended in Resolution R-2022-134 on October 4, 2022 is hereby amended, as follows: Section 3. Duties and Obligations. A. The City Manager shall have the duties, responsibilities and powers of said office under the City Charter, the Yakima Municipal Code, and Washington law. The 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 City Manager shall remain in the exclusive employ of the City and shall devote all necessary time, attention, knowledge and skills required to faithfully perform his duties under this Agreement. The City Manager may, however, engage in educational or professional activities upon receipt of approval by the City Council, provided that such activities shall not interfere with his primary obligation to the City as its City Manager. The City Manager shall dedicate no less than an average of forty (40) hours per week to the performance of this City Management duties hereunder. The City Manager may telecommute up to two days per week, at his discretion, during the term of this agreement. C. If the City Manager serves on any appointed board or elected boards of any professional organization, or serves on any committees related to his professional activities, in the event any monies are paid to, or gifts received by the City Manager related to such service, such money or property shall be paid over to or delivered to the City, unless otherwise specifically provided by the City Council. D. In the event the City Manager is temporarily unable to perform his duties, he shall designate an Acting City Manager to perform during his unavailability. E. The City Manager shall, at all times, uphold the tenets of the ICMA Code of Ethics, a copy of which is attached hereto and incorporated by this reference. The City Manager shall not seek or accept any personal enrichment or profit derived from confidential information or misuse of public time. Section 13. Termination by the City and Severance Pay. A. Pursuant to Article II, Section 8 of the City Charter, and as provided herein, the City Manager shall serve at the pleasure of the City Council, and the City Council may terminate this Agreement and the City Manager's employment with the City at any time, for any reason or for no reason. B. Should a majority of the entire City Council (four members) vote to terminate the services of the City Manager "without cause" in accordance with Article II, Section 8 of the Yakima City Charter, then following the conclusion of the termination procedure set forth therein the Council shall cause the City Manager to be paid any accrued and unpaid salary and benefits earned (including annual leave, sick leave per the Paid Time Off (PTO) Policy 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. If the City Manager is terminated "without cause" during the first year of his employment, then following the completion of the termination procedure described in the Charter, the Council shall cause the City Manager to be paid a lump sum severance pay equal to six(6) months of his base salary as full and complete payment and satisfaction of any claims of the City Manager of whatsoever nature arising out of this Agreement or otherwise. Likewise, if the City Manager is terminated "without cause" after completion of his first year of employment, then following the completion of the termination procedure described in the Charter the Council shall cause the City Manager to be paid a lump sum severance pay equal to six (6) months of his base salary as full and complete payment and satisfaction of any claims of the City Manager of whatsoever nature arising out of this Agreement or otherwise. As consideration for such payment, the City Manager shall, prior to receipt thereof, execute and deliver to the City a general release of the City, the City Council members and the City's 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. If the City of Yakima holds an election and through the election process the citizens choose to adopt the Mayor-Council form of government, the City Manager agrees to remain with the City for up to forty-five (45) days after the elected Mayor takes office to assist during the transition period. Within forty-five (45) calendar days following the effective date of the newly elected Mayor taking office the City Manager shall be paid severance pay subject to each of the provisions outlined in Section 13, Paragraph B and D of this Agreement. If severance is paid, as consideration for such payment the City Manager shall, prior to receipt thereof, execute and deliver to the City a general release of the City, the City Council members and the City's 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. D. If the City exercises its termination rights under section B or C of this section, in addition to the severance payment, the City shall contribute the equivalent of six (6) months of COBRA payments to a VEBA to enable continuation in the City's Health Insurance Plan. The COBRA payment shall be equivalent to the City's share of the Health Insurance Plan contribution. E. In the event the City Manager is terminated for "just cause," the City shall have no obligation to pay any of the severance amounts identified in Section 13, Paragraph B and D of this Agreement. For purposes of this Agreement, "just cause" is defined, and limited for purposes of this Agreement, to comprise any of the following: 1. Misfeasance, malfeasance and/or nonfeasance in performance of the City Manager'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 (ICMA) Code of Ethics. 8. Any other act of a similar nature of the same or greater seriousness. F. 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 event the City allegedly refuses to comply with any other material provision of this Agreement benefiting the City Manager,the City Manager 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 City Manager may at his 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. Except as expressly modified herein, all other terms and conditions of the attached agreement shall remain in full force and effect. This amendment shall become effective once authorized signatories of both parties have signed this Amendment. CITY OF YAKIMA CITY MANAGER L By:-� - -!� 0 By: ati4L____ /Janice Decci' Robert Harrison Mayor City Manager Date: 1 /q426 zij Date: 611 q ATTEST: `‘‘1 I 11 1) -. tipCCt/�- /* :.SEAL`: ► Ros-Iinda Ibarra, City Cierkvll -*- :' r% City Contract No. d`Ddn-t3 Resat 41 an NO • R-.2 d23 I21-1 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4. For Meeting of: September 12, 2023 ITEM TITLE: Resolution authorizing a Second Amendment to the Employment Agreement for the City Manager SUBMITTED BY: Connie Mendoza, Director of Human Resources SUMMARY EXPLANATION: The City of Yakima entered into an employment agreement with Robert Harrison to become the City Manager on August 4, 2020 in Resolution R-2020-094, Contract No. 2020-134. The employment agreement was amended previously in Resolution R-2022-134 on October 4, 2022. The employment agreement provides for an annual performance evaluation based upon a work plan cooperatively developed between the City Manager and the City Council. The employment agreement allows the City Council to approve pay and compensation adjustments from time to time. Following the annual performance evaluation, the City Council wishes to amend the City Manager's agreement as detailed in the attached contract amendment. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type ❑ Resolution 9/7/2023 Cover Memo ❑ Amendment#2 9/7/2023 Cover Memo ❑ Amendment#1 9/7/2023 Cover Memo O Original Contract 9/7/2023 Cover Memo