Report Prepared by: Kelly C. Fincher, Interim City Attorney
Title
SUBJECT: Amendment to City Manager’s Employment Agreement Clarifying Automatic Entitlement to Annual Salary Increases Already Set Forth in the City Manager Employment Agreement
REPORT IN BRIEF
A First Amendment to the City Manager’s Employment Agreement is necessary to clearly indicate that the annual salary increases set forth in his Employment Agreement are to be implemented automatically on the scheduled dates without the need for annual formal action by the City Council.
RECOMMENDATION
City Council - Adopt Resolution 2016-31, a Resolution of the City Council of the City of Merced, California, Approving the First Amendment to City Manager Employment Agreement.
Body
ALTERNATIVES
1. Approve subject to other than recommended; or,
2. Refer back to staff for reconsideration of specific items; or,
3. Deny the request; or,
4. Continue to a future meeting.
AUTHORITY
City of Merced, City Charter section 200.
CITY COUNCIL PRIORITIES
Not applicable.
DISCUSSION
The City Manager’s Employment Agreement was prepared by former City Attorney Randy Hom in December 2015 and was unanimously approved by the City Council on December 7, 2015. It is a three year Agreement which commenced on January 25, 2016, and expires on January 24, 2019.
Section 3A of the Agreement sets forth the City Manager’s annual base salary and three (3) years of annual salary increases. With regard to the annual salary increases, the Employment Agreement provides annual salary increases on the first pay period of the fiscal year for each of the three years of the Agreement. These annual salary increases mirror the negotiated annual salary increases that the City’s Unrepresented Executive Management Employees and other represented employees will be receiving in Fiscal Years 2016/2017 [2.25%] and 2017/2018 [2.50%]. The annual salary increase for Fiscal Year 2018/2019 [2.75%] is equivalent to the negotiated salary increase that the Merced Police Officer’s Association and Merced Association of Police Sergeants will be receiving.
The City’s Finance Department is in the process of implementing the scheduled negotiated 2.25% salary increase for Fiscal Year 2016/2017. During this process, it was brought to our attention that based upon the language of Section 3 of the City Manager’s Employment Agreement, unlike the City’s represented and non-represented Executive Management Employees, the City Manager’s annual salary increases are not automatically implemented on the first pay period of the corresponding fiscal year. As written the Agreement states that these salary increases are discretionary and performance based.
The First Amendment to the City Manager’s Employment Agreement is necessary to clarify that the City Manager shall automatically receive the specified scheduled annual salary increases as set forth in the Agreement on the first pay period of the corresponding fiscal year.
The First Amendment to the City Manager’s Employment Agreement only modifies the language of section 3 A of the City Manager’s Employment Agreement. All other provisions remain as approved on December 7, 2015, in the original agreement. A red-lined version of Section 3 which shows the language changes to Section 3 of the City Manager’s Employment Agreement is included with this Administrative Report as Attachment 3.
IMPACT ON CITY RESOURCES
None as the annual salary increases have already been budgeted as part of the City Manager’s salary and projected salary for the term of the Employment Agreement.
ATTACHMENTS
1. Resolution approving the First Amendment to City Manager Employment Agreement
2. First Amendment to City Manager Employment Agreement
3. First Amendment to City Manager Employment Agreement (Redlined version)
4. Master Employment Agreement with City Manager