City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
That the City Council consider the approval of the Amendment to the Executive
Employment Agreement with Charles Herbertson to be effective upon the effective date
of the revised City Charter, which was adopted by the voters at the April 11, 2006
General Municipal Election.
BACKGROUND / DISCUSSION:
At the General Municipal Election that was held in Culver City on April 11, 2006, the
voters adopted a revised City Charter which, among other things, changes City
government from a Council/Chief Administrative Officer form of government to a City
Council/City Manager form of government to be effective July 1, 2006 or on the date
the revised Charter is accepted and filed by the Secretary of State, whichever date is
later. On April 24, 2006, City Council adopted Resolution #2006-R021 declaring the
results of the election held on April 11, 2006.
One of the provisions of the revised City Charter provides that all department heads
shall report directly to the City Manager, with the exception of the City Attorney,
Chief of Police and Fire Chief. In accordance, the employment contract for Charles
Herbertson, the Public Works Director/City Engineer, is being amended to reflect
that, upon the effective date of the revised Charter, the City Manager will be the
appointing authority for this position.
Staff has reviewed the Amendment to the Executive Employment Agreement with
Mr. Herbertson and he has agreed to the attached Amendment.
Meeting Date: 06/12/06 Item Number: A-10
AGENDA ITEM: Approval of an Amendment to the Executive Employment Agreement
with Charles Herbertson
Contact Person/Dept.: Serena Wright Phone Number: (310) 253-5640
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Master Notification List
Department Approval:
Serena Wright (6/8/06)
CAO Approval: Martin R. Cole for Jerry
B. Fulwood (06/08/06)
City Controller Approval:City of Culver City, California
City Council Agenda Item Report
FISCAL IMPACT:
None.
ATTACHMENTS
Amendment to the Executive Employment Agreement for Charles Herbertson
MOTION
That the City Council:
Approve the Amendment to the Executive Employment Agreement with Charles
Herbertson to be effective July 1, 2006 or on the date the revised City Charter is
accepted and filed with the Secretary of State, whichever date is later.
MEETING DATE: 6/12106
AGENDA HEM: Approval of an Amendment to the Executive Employment
Agreement with Charles Herbertson
ATTACHMENTS
Pages,
t Amendment to the Executive Employment Agreement with Charles
Herbertson I - 4Contract No.2006-
CITY OF CULVER CITY
AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT
WITH: CHARLES HERBERTSON
FOR: EXECUTIVE EMPLOYMENT / PUBLIC WORKS DIRECTOR/CITY ENGINEER
This Amendment to Executive Employment Agreement is made and entered into
by and between the CITY OF CULVER CITY, a municipal corporation, hereinafter
referred to as "City," and CHARLES HERBERTSON, hereinafter referred to as
"Employee."
WHEREAS, on , 2004, the parties entered into an Executive
Employment Agreement to appoint Employee as Public Works Director/City Engineer
(the "Agreement"); and
WHEREAS, the parties desire to modify and amend certain provisions of the
Agreement; and
WHEREAS, at its meeting of June 12, 2006, the City Council authorized this
Amendment to the Agreement.
NOW THEREFORE, in consideration of the foregoing, City and Employee
mutually agree as follows:
1. Section 1, Employment and Duties, is hereby amended to read as follows:
"City hereby agrees to employ Employee as Public Works Director/City Engineer
of City. Employee shall exercise the powers and perform the duties of the
position of Public Works Director/City Engineer, as set forth in the Charter,
Municipal Code, resolutions, policies, and rules and regulations of City, and shall
exercise such other powers and perform such other lawful duties as the City
Manager may from time-to-time assign to Employee."
2. Subsection (C) of Section 2, Term of Agreement, is hereby deleted in its
entirety.
3. A new Subsection (C) of Section 2, Term of Agreement, is added to read as
follows:
"Upon the expiration of this Agreement, Employee shall continue to remain
employed by City in an unclassified, exempt position, under the direction of the
Page 1Contract No.2006-
City Manager, and subject to the provisions set forth within the Culver City
Management Group Memorandum of Understanding."
4. Subsection (A) of Section 3, Termination of Agreement Without Cause, is
hereby amended to read as follows:
"A. Upon written notice by the City Manager that Employee's services are no
longer desired, this Agreement may be terminated by City within one year after
Employee's appointment date as Public Works Director/City Engineer. Employee
shall also receive payment for any accrued vacation, and floating holidays
remaining in Employee's account as of the date of separation."
5. Subsection (B) of Section 3, Termination of Agreement Without Cause, is
hereby amended to read as follows:
"B. After the Effective Date of this Amendment, if the City Manager terminates
the Agreement, pursuant to Section 3, Subsection (A), and Employee is
otherwise willing and able to perform the duties of his position, then Employee
may continue to work for the balance of the term of this Agreement, or shall
receive a lump-sum cash payment equal to one hundred eighty (180) working
days total compensation or the total compensation for the number of working
days left in the term of this Agreement, whichever is less. Employee shall also
receive payment for any accrued vacation, and floating holidays remaining in
Employee's account as of the date of termination."
6. Subsection (D) of Section 3, Termination of Agreement Without Cause, is
hereby amended to read as follows:
"D. In the event Employee is unable to perform his duties due to incapacity or
illness, as verified appropriately by the City's physician, Employee shall be
permitted to use his leave as permitted by law, and the City Manager may also
grant any other form of leave it deems appropriate, until such time as the
necessary notice period given by Employee has expired."
7. Subsection (A) of Section 4, Discipline and/or Termination for Cause, is
hereby amended to read as follows:
"A_ This Agreement may be terminated by the City Manager for "Cause." For
purposes of this Agreement, "Cause" shall be defined as circumstances where
Employee:
(i) Refuses or willfully fails to perform the duties of his position;
(ii) Refuses or willfully fails to carry out the orders, directions or
decisions of the City Manager;
(iii) Commits any material act of dishonesty, malfeasance, moral
turpitude, fraud, or theft; or,
(iv) Violates any City policy or other regulation.
Paae 2Contract No.2006-
(v) Any other reason listed in the City's Civil Service Rules relating to
grounds for discipline or termination."
Subsection (D) of Section 4, Discipline and/or Termination for Cause, is
hereby amended to read as follows:
"D. Employee shall be provided written notice of City's intent to take
disciplinary action for Cause. Employee will be provided an opportunity to
respond to the notice of intended action, and shall have five (5) days from the
date of the notice of intended action to provide to the City Manager a written
response to the charges. Any decision or action of the City Manager shall be
final.
9. Subsection (A), Evaluation, of Section 6, Performance Evaluation, is hereby
amended to read as follows:
"A. Evaluation. The City Manager shall review and evaluate the performance
of Employee at least once per year. Said review and evaluation shall be in
accordance with specific criteria developed jointly by Employee and the City
Manager, and may be amended from time-to-time. The City Manager shall
provide Employee with a written summary of the findings of the performance
evaluation and provide an adequate opportunity for Employee to discuss his
evaluation with the City Manager."
10. Subsection (B), Pay for Performance, of Section 6, Performance Evaluation,
is hereby amended to read as follows:
"B. Pay for Performance: As a result of the performance evaluation process,
the City Manager shall consider whether Employee's performance and
accomplishments warrant adjustment to Employee's Executive Compensation
plan. The City manager, at any time, may determine the amount of future
increase or decrease to Executive Compensation in one percent (1%) steps, to a
maximum of ten percent (10%). At no time shall Employee's Base Salary be
reduced. Increases in Executive Compensation may be taken as direct pay or as
deferred compensation as provided in Section 5(E), above."
11. Subsection (A), Other Conditions, of Section 7, Other Terms and Conditions
of Employment, is hereby amended to read as follows:
"A Other Conditions. The City Manager may, from time-to-time, fix other
terms and conditions of employment relating to Employee, following consultation
with Employee, provided, such terms and conditions are not inconsistent with or
in conflict with the provisions of this Agreement, the Charter, Municipal Code or
applicable law."
Pam 3Contract No.2006-
12. Except as expressly set forth herein, all terms and conditions of the Agreement
shall remain in full force and effect.
13. The Effective Date of this Amendment is July 1, 2006 or the date on which the
revised City Charter, which was adopted by the voters at the April 11, 2006
General Municipal Election, is accepted and filed by the Secretary of State,
whichever date is later.
EMPLOYEE
Dated:
CHARLES HERBERTSON
CITY OF CULVER CITY
Dated:
APPROVED AS TO FORM:
Carol A. Schwab
City Attorney
ATTEST:
Christopher Armenta
City Clerk
GARY SILBIGER
Mayor, City of Culver City
Page 4