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 CITY COUNCIL AGENDA ITEM NO. 15


Meeting Date: June 24, 2008

Subject/Title: Adopt a Resolution approving Amendment Number 3 to Employment Agreement between the City of Brentwood and Damien Brower, City Attorney

Prepared by: Karen L. Chew, Assistant City Manager

Submitted by: Robert Taylor, Mayor


RECOMMENDATION
Adopt a resolution approving, and authorizing the Mayor to execute, Amendment Number 3 to the Employment Agreement between the City of Brentwood and Damien Brower, City Attorney.

PREVIOUS ACTION
On October 10, 2006, the City Council approved Amendment Number One to the Employment Agreement between the City and the City Attorney to establish payment of salary to the City Attorney based on the eighty-fifth (85th) percentile of Brentwood’s survey cities effective July 1, 2006, and to provide for an adjustment from Step A of the salary range to Step B on February 1, 2007.

On June 12, 2007, the City Council approved Amendment Number Two to the Employment Agreement between the City and the City Attorney to provide for an adjustment from Step B to Step C on February 1, 2008.

BACKGROUND
Pursuant to the terms and conditions of the Agreement, the City Council conducted a performance evaluation in May 2008. As a result of that performance evaluation, Council found that the City Attorney met performance standards and instructed staff to return with an amendment to the Agreement.

In lieu of a February 2009 salary adjustment from Step C to Step D; commencing August, 2007, the amendment provides for an increase in severance pay including medical, dental, and vision benefits, from a total of six months, to six months plus one additional month for every year of service capped at twelve months.

FISCAL IMPACT
By not providing a step increase, the City will save approximately $5,091 in salary and benefits. Funds for the severance pay, if not available at the time of termination of employment, will be presented in the form of a budget amendment before the City Council.

Attachment:
Resolution

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER THREE TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF BRENTWOOD (“CITY”) AND DAMIEN BROWER (“CITY ATTORNEY”)

WHEREAS, on October 10, 2006, the City and City Attorney executed Amendment No. 1 to the Agreement to expressly include the City Attorney within the provisions of the eighty-fifth (85th) percentile policy for employee compensation, and

WHEREAS, on June 12, 2007, the City and City Attorney executed Amendment No. 2 to the Agreement to provide Employee an increase to step C of the adjusted City Attorney pay scale, and

WHEREAS, Section 12 of the Agreement, as amended, requires an annual performance evaluation review and a discussion of the City Attorney’s overall compensation package and salary, and

WHEREAS, the City Council has met and completed a performance evaluation of the City Attorney pursuant to Section 12 of the Agreement, found that the City Attorney met performance standards and desires to amend the Agreement as it relates to the City Attorney’s severance, and

WHEREAS, in lieu of a February 2009 salary adjustment from Step C to Step D; the City Council has agreed to an amendment to the City Attorney’s severance, and

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood approves and authorizes the Mayor to execute Amendment Three to the Employment Agreement between the City of Brentwood and Damien Brower.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the June 24, 2008 by the following vote:



Attachment:
Amendment No. 3











AMENDMENT NO. 3
TO EMPLOYMENT AGREEMENT BETWEEN
CITY OF BRENTWOOD AND THE CITY ATTORNEY

THIS AMENDMENT NO. 3 is entered into on _________________, 2008 and amends the Employment Agreement dated July 12, 2005 (the “Agreement”), by and between the City of Brentwood, a municipal corporation of the State of California (“City” or “Employer”), and Damien Brower, (“Employee”) (collectively, the “Parties”).

RECITALS

A. On October 10, 2006, the Parties executed Amendment No. 1 to the Agreement to expressly include the Employee within the provisions of the City’s eighty-fifth (85th) percentile policy for employee compensation.

B. On June 12, 2007, the Parties executed Amendment No. 2 to the Agreement to provide Employee an increase to step C of the adjusted City Attorney pay scale.

C. Section 12 of the Agreement, as amended, requires an annual performance evaluation review and a discussion of Employee’s overall compensation package and salary.

D. The City Council has met and completed a performance evaluation of Employee pursuant to Section 12 of the Agreement, found that Employee met performance standards and desires to amend the Agreement as it relates to Employee’s severance.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Employee agree as follows:

1. That Section 10 of the Agreement is amended in its entirety to read as follows:

“Section 10: Severance

Severance shall be paid to Employee when employment is terminated as defined in Section 9.

Employer shall provide a minimum severance payment equal to six months salary at the current rate of pay. This severance shall be paid in a lump sum unless otherwise agreed to by Employer and Employee. Commencing August 8, 2007, for every year worked with the City, Employee will receive an additional month of severance until a total of twelve months severance has been reached.

Employee shall also be compensated for all accrued, vacation time, and Administrative/Executive leave. The Employer agrees to continue medical, dental and vision benefits for the number of months severance accrued by Employee. Such severance pay and benefits shall not be due or payable if the City Attorney is terminated for willful misconduct, dishonesty, or fraud in office; willful destruction, theft, misappropriation or misuse of City property; conduct resulting in the revocation of his license to practice law; or after being convicted of a felony or misdemeanor involving moral turpitude.”

2. All other provisions of the Agreement will remain in full force and effect.


CITY OF BRENTWOOD EMPLOYEE



Robert Taylor, Mayor Damien Brower

ATTEST:


Margaret Wimberly, City Clerk






 
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