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 CITY COUNCIL AGENDA ITEM NO. 12

Meeting Date: January 28, 2003

Subject/Title: Approve Amendment Number 1 to the Employment Agreement between the City of Brentwood and Michael R. Davies.

Submitted by: Thomas J. Haglund, Assistant City Manager

Approved by: John Stevenson, City Manager


RECOMMENDATION
Approve Amendment Number 1 to the Employment Agreement between the City of Brentwood and Michael R. Davies (hereinafter “Amendment”) and authorize the Mayor to execute the same.

PREVIOUS ACTION
On March 26, 2002, the City of Brentwood and Michael R. Davies executed an employment agreement establishing Mr. Davies as the Brentwood Police Chief. Prior to that time, Davies served as Acting Police Chief.

BACKGROUND
Pursuant to the terms and conditions of the Employment Agreement between the City of Brentwood and Michael R. Davies (hereinafter “Agreement”), the City Manager conducted a performance evaluation at the conclusion of the first year of Davies’ service as Police Chief. As a result of that performance evaluation the City Manager desires to advance Chief Davies to step “D” in the compensation scale established for the classification of Police Chief. The attached Amendment accomplishes the City Manger’s recommendation and amends the language of the Agreement to allow the City Manger the option of advancing Chief Davies within the compensation scale for the classification of Police Chief, based upon performance, without further amendment to the Agreement. The provision regarding management incentive pay has not been changed from the original contract verbiage.

Staff respectfully recommends that the City Council, by motion, approve the attached Amendment and authorize the Mayor to execute the same on behalf of the City of Brentwood.

Attachment:
Amendment No. 1



AMENDMENT NO. 1
TO EMPLOYMENT AGREEMENT BETWEEN 
CITY OF BRENTWOOD AND MICHAEL R. DAVIES 



THIS AMENDMENT NO. 1 is entered into on January 28, 2003 by and between CITY OF BRENTWOOD (“City”) and MICHAEL R. DAVIES (“DAVIES”).

WHEREAS, on March 26, 2002, the City and DAVIES executed that certain agreement known as Employment Agreement Between the City of Brentwood and Michael R. Davies (hereinafter “Agreement”) to provide certain employment services described in the Agreement, during the period between March 26, 2002 and March 26, 2005;

WHEREAS, DAVIES was appointed to the position of Acting Police Chief on January 8, 2002; and

WHEREAS, the City Manager and DAVIES have conducted a review of DAVIES’ performance and the City Manager desires to advance DAVIES to step “D” in the compensation plan for the classification of Police Chief; and 

WHEREAS, the City and DAVIES desire to amend the language of Paragraph 4A to clearly outline DAVIES’ eligibility to advance within the salary range established for the classification of Police Chief, by the City Council as that range may be amended from time to time.

NOW, THEREFORE, IT IS AGREED as follows:

1. Paragraph 4A of the Agreement, entitled Compensation and Benefits, shall be amended as follows:

“A. Compensation. City agrees to pay DAVIES at step “D” in the compensation range established by the City Council for the classification of Police Chief, as that range may be amended by the City Council from time to time. City Manger shall determine, based upon DAVIES’ annual performance evaluation, future advancement by DAVIES within the compensation range established for the classification of Police Chief. CITY shall pay DAVIES $600 per month for Management Incentive Pay, adjusted annually at the same percentage rate of any salary increase. 

2. All other terms of the original agreement shall remain unchanged.

CITY OF BRENTWOOD MICHAEL R. DAVIES



Brian Swisher, Mayor Michael R. Davies


ATTEST:


Karen Diaz, CMC, City Clerk


Approved As to Form:


Dennis Beougher, City Attorney

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov