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Item 4IITEM 41 CITY OF SOUTH LAIN MEMORANDUM February 12, 2019 TO: Shana Yelverton, City Manager FROM: Stacey Black, Director of Human Resources SUBJECT: Appoint Amy Shelley as City Secretary and Authorize the Mayor to Execute an Employment Agreement with the City Secretary. Action Requested: City Council appointment of Amy Shelley as City Secretary and authorization for the Mayor to execute an employment agreement. Background Information: Chapter Four of the City of Southlake Charter states "The Council shall appoint a City Secretary who shall report to the Council and act as the Secretary to the Council and shall hold office at the pleasure of the Council." The City Secretary position is currently vacant. Consequently, City Council discussed the selection process of a new City Secretary during Executive Session at the February 5, 2019 City Council meeting. During that meeting, City Council expressed their desire to offer the position of City Secretary to Amy Shelley, who currently serves as Deputy City Secretary for the City of Southlake. City Council's offer of employment includes the following, which is included in the proposed Employment Agreement (attached): • Term: February 1, 2019 through December 31, 2019; • Annual Salary: $87,648; • Annual Car Allowance: $4,000; • Annual Cell Phone Allowance: $1,200; • City payment of City Secretary's contribution to the City's retirement program, TMRS; • Benefits afforded to all City employees; • Dues for professional memberships; and • Registration and travel costs for professional development. Ms. Shelley has accepted City Council's offer of employment, pending City Council approval of her appointment. Shana Yelverton, City Manager February 12, 2019 Page 2 Financial Considerations: There is no budget impact to hire the City Secretary. Strategic Link: Performance Management and Service Delivery Citizen Input/ Board Review: N/A ITEM 41 Legal Review: The City Attorney's Office has reviewed the employment agreement. Alternatives: Council may approve, deny or modify the attached employment agreement. Supporting Documents: Employment Agreement for City Secretary Staff Recommendations: City Council appoint Amy Shelley as City Secretary effective February 1, 2019 through December 31, 2019 and authorize the Mayor to execute an employment agreement with Ms. Shelley. CITY 0 - SOUTHLAKE LO CITY OF SOUTHLAKE Employment Agreement City Secretary THIS AGREEMENT, made and entered into this 1 st day of February 2019, by and between the City of Southlake, State of Texas, a municipal corporation, chartered under the constitution of the State of Texas as a home rule city, herein after called "Southlake" and Amy Shelley, hereinafter after called "City Secretary," both of which parties hereto understand and agree as follows: WITNESSETH: WHEREAS, Southlake desires to employ Amy Shelley as City Secretary of the City of Southlake, as provided by the Southlake City Charter; and, WHEREAS, it is the desire of the Southlake City Council to provide certain benefits, establish certain conditions of employment, and set certain working conditions of said City Secretary; and, WHEREAS, Amy Shelley desires to accept employment as City Secretary of said City on the terms outlined herein; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, and hereinbefore stated, the parties hereto agree as follows: Section 1. Employment and Duties A. Southlake hereby agrees to the employment of Amy Shelley as City Secretary of Southlake and Amy Shelley, hereinafter referred to as "City Secretary", agrees to perform the functions and duties specified in the Southlake City Charter, and to perform such other duties and functions as the City Council shall from time to time assign. B. The City Manager shall administer this contract on behalf of the City Council. The City Secretary shall keep the City Manager informed of issues related to Council, and shall execute her performance in cooperation with the City Manager and the City Manager's staff, to the extent, such cooperation does not impair the City Secretary's responsibilities to Council. Page 1 of 7 Section 2. Term A. Subject to the provisions of Section 3 hereof, it is intended by the parties hereto that, unless same be sooner modified or terminated as herein authorized, the term of this agreement shall be from February 1, 2019, through December 31, 2019. B. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of City Secretary at any time, subject only to the provisions set forth in section 3, paragraphs A, B, and C of this Agreement. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Secretary to resign at any time from his or her position with Southlake, subject only to the provisions set forth in Section 3, paragraph D, of this Agreement. D. City Secretary agrees to remain in the exclusive employ of Southlake as its City Secretary during the term set forth in Subsection A of this Section, and for any further periods for which the contract may be extended, and neither to accept, nor to become employed by any other employer until said termination date, unless this Agreement is earlier terminated as hereinafter provided. Section 3. Termination and Severance P A. In the event City Secretary is terminated by the City Council after the effective date of this Agreement and before expiration of the aforesaid term of employment for a reason other than as provided in Section 3.E hereof, and during such time City Secretary is willing and able to perform her duties of City Secretary, then, in that event, Southlake agrees to pay City Secretary two (2) months' salary at the current salary of City Secretary and to extend City Secretary's health insurance for two (2) months. B. In the event City Secretary is terminated for "just cause," Southlake shall have no obligation to pay the cash severance payment designated in subparagraph A. The term "just cause" shall mean: Any willful breach, disregard or habitual neglect of duties requested of City Secretary by the Southlake City Council formally communicated to City Secretary or required to be performed by City Secretary hereunder or under the Charter and ordinances of the City of Southlake and the laws of the United States and the State of Texas; 2. Any misconduct of City Secretary involving an act of moral turpitude or of illegality; or 3. Any misapplication or misuse by City Secretary of City funds entrusted to or administered by City Secretary. Page 2 of 7 C. In the event Southlake, at any time after the effective date of this Contract and during the term hereof, reduces the salary or other financial benefits of City Secretary in a greater percentage than an applicable across-the-board reduction for all city employees, or in the event Southlake refuses, subsequent to such date and following written notice, to comply with any provision hereof benefiting City Secretary herein, then, in that event, City Secretary may, at his/her option, be deemed to be "terminated" at the date of such reduction or such refusal to comply with terms hereof by Southlake and shall be entitled to the cash severance payment and insurance benefit extension provided for in subparagraph A above. D. In the event City Secretary voluntarily resigns her position with the City of Southlake before expiration of the aforesaid term of employment, then City Secretary shall give the City of Southlake 30 days' notice in advance, unless both parties agree otherwise. E. During the term of this Agreement, in the event Section 4.20 of the City Charter is amended to provide that the Southlake City Secretary shall be appointed by the City Manager, this contract shall terminate at midnight on the 30th day following the date of the election at which the amendment is voted upon. The 30 -day period is intended to provide sufficient time for the City to place the City Secretary's position in the correct salary structure level within the City's pay plan and any other adjustments necessitated by the amendment of the City Charter. If this Contract is terminated pursuant to this subsection E., and City Secretary remains employed with the City, he or she shall retain seniority, accrued leave balances, and all other employee benefits. Section 4. Salary Southlake agrees to pay City Secretary for services rendered pursuant hereto an annual base salary of $87,648.00 payable in installments at the same time as other employees of Southlake are paid. In addition, Southlake hereby agrees to pay City Secretary's portion of TMRS to equal seven (7) percent of City Secretary's annual salary. Section 5. Hours of Work City Secretary is an exempt employee expected to engage in those hours of work which are necessary to fulfill the obligations of the City Secretary's position and therefore does not have set hours of work and is available at all times. City Secretary acknowledges that the proper performance of duties as City Secretary of the City will often require the performance of necessary services for extended periods. City Secretary agrees to devote such additional time as is necessary for the full and proper performance of duties and that the compensation herein provided for includes compensation for the performance of all such services; however, it is the desire of Southlake that reasonable compensatory time off be permitted by the City Secretary, such as is customary for all other exempt employees, so long as such compensatory time off does not interfere with the normal conduct of the Office of the City Secretary. Page 3 of 7 Section 6. Automobile, Mobile Phone, and Other Expenses A. City Secretary shall be paid an annual automobile allowance of $4,000.00 to be paid in 166.67 increments, twice per month. The City Secretary shall acquire and maintain a vehicle during the term of this agreement, which shall be available for the City Secretary's exclusive and unrestricted use in the performance of his or her duties hereunder. City Secretary shall be responsible for all expenses required for the purchase, operation, maintenance, repair, and regular replacement of said vehicle. B. City Secretary shall be paid an annual cell phone allowance of $1,200.00 to be paid in 50.00 increments, twice per month. The City Secretary shall acquire and maintain a cell phone during the term of this agreement, which shall be available for the City Secretary's exclusive and unrestricted use in the performance of his or her duties hereunder. City Secretary shall be responsible for all expenses required for the purchase, operation, maintenance, repair, and regular replacement of said cell phone. C. Southlake agrees to pay all reasonable business expenses incurred by the City Secretary on City business and for expenses incurred in obtaining professional certification and recertification. Section 7. Dues and Subscriptions Southlake agrees to budget and to pay the dues of City Secretary for membership in the following professional and civic organizations and subscriptions of City Secretary necessary for continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for continued professional participation, growth and advancement, for the good of Southlake: Association of Records Managers and Administrators, Inc (ARMA) ARMA International Records Management International Institute of Municipal Clerks North Texas Municipal Clerks Association Texas Municipal Clerks Association Section 8. Professional Development A. Southlake hereby agrees to budget and to pay the reasonable travel and subsistence expenses of City Secretary for professional development and official travel in sums adequate to continue the professional development of City Secretary and to adequately pursue necessary official and other functions for Southlake, including but not limited to, the Texas Municipal League, and such other national, regional, state and local governmental groups and committees thereof which City Secretary serves as a member, subject to City Council review and approval. B. Southlake also agrees to budget and to pay for the travel and subsistence expenses of City Secretary for short courses, institutes and seminars that are necessary for Page 4 of 7 professional development, certification as a municipal clerk, and for the good of Southlake subject to City Council review and approval. Section 9. Sick Leave City Secretary shall be entitled to sick leave on the same basis as heretofore accrued and credited, and on the same basis as for all other general employees of the City of Southlake. Section 10. Vacation City Secretary shall be entitled to vacation leave on the same basis as heretofore accrued and credited, and on the same basis as for all other general employees of the City of Southlake. Section 11. Health Life and Disabilitv Insurance Southlake agrees to provide medical, dental, life and disability insurance and other such benefits, and to pay the premium thereon, such benefits to be equal to that which is provided for all other general employees of the City of Southlake. Section 12. Retirement Southlake agrees to provide City Secretary, to the full extent of his or her eligibility for same, retirement benefits under the Texas Municipal Retirement System, same being the normal city retirement system presently in force for all city employees. Additionally, the City Secretary shall be entitled to all retirement benefits on the same basis as for all other general employees of the City of Southlake. Section 13. Outside Employment City Secretary acknowledges, for and during the term of this Agreement, that City Secretary shall devote his or her full time and effort to performance of the duties required hereunder and shall not undertake, nor accept, any outside or other employment without the prior consent of the Southlake City Council. Section 14. Investments It is further understood and agreed that because of the duties of City Secretary within and on behalf of the City of Southlake and its citizenry, City Secretary shall not, during the term of this Agreement, individually, as a partner, joint venturer, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of the City of Southlake without the prior consent of the Southlake City Council. For and during the term of this Agreement, City Secretary further agrees, except as to City Secretary's personal residence or residential property acquired or held for future use as City Secretary's personal residence, not to invest, without the prior approval of the Southlake City Council, in any other real estate or real property improvements within the corporate limits of the City of Southlake, Texas. Page 5 of 7 Section 15. Indemnification A. Southlake shall indemnify City Secretary against expenses (including attorney's fees) and amounts paid in settlement actually and reasonably incurred by his/her connection with the defense of any civil, criminal or other administrative action, suit of proceeding in which he/she is made a party or with which he/she is threatened, by reason of being or because of any act as City Secretary within the course and scope of his/her duties and employment hereunder if he/she acted in good faith and in a manner in which he/she reasonably believed to be in or not opposed to the best interest of Southlake, and with respect to any criminal action or proceeding, had no reasonable cause to believe his/her conduct was unlawful. B. Notwithstanding the foregoing, City Secretary shall not be entitled to indemnification regarding (i) any matter in which he/she shall be adjudged to be liable for negligence or misconduct in the performance of his/her duties, or (ii) any matter in which he/she fails to notify Southlake of a claim within a reasonable time or fails to cooperate in the defense of such claim, but only to the extent that the defense of such claim is prejudiced by his/her failure to give notice or to cooperate. Section 16. Bonding Southlake shall bear the full cost of any fidelity or other bonds required of City Secretary under any law or ordinance. Section 17. Other Terms and Conditions of Employment A. The City Council shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of City Secretary, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter, or any other law. B. All provisions of the City Charter, Code, and regulations and rules of Southlake relating to vacation, sick leave, retirement, pension system contributions, holidays, other fringe benefits and working conditions as they now exist or hereafter may be amended, shall also apply to City Secretary as they would to other employees of Southlake in addition to the other benefits enumerated specifically for the benefit of City Secretary as herein provided. Section 18. General Provisions A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement, subject to the provisions of Section 2 hereof, shall become effective commencing February 1, 2019, and extend through December 31, 2019, and for any and such other extensions as may be provided under the provisions of Section 2 hereof. Page 6 of 7 C. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. D. The City Council shall conduct an annual review of the City Secretary's performance on or around December 31 of each year. The annual review is a process by which actual performance is compared against written standards established and agreed to in terms of key duties, goals, and performance dimensions for the proceeding year. The Mayor and City Council shall meet with the City Secretary in Executive Session to discuss the evaluation and review City Secretary's salary. IN WITNESS THEREOF, the City of Southlake has caused this Agreement to be signed and executed on its behalf by its Mayor, duly attested by its City Secretary, and the City Secretary has signed and executed this Agreement, both in duplicate, and day and year first above written. CITY OF SOUTHLAKE Laura K. Hill, Mayor CITY SECRETARY: Amy Shelley APPROVED AS TO FORM: City Attorney Page 7 of 7