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HomeMy WebLinkAbout5.243 Original ContractCITY MANAGER CITY COUNCIL EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT between the City of Port Angeles and the City Manager, Jeffrey A. Pomeranz, is set forth to establish a basis for good working relationships, to avoid possible misunderstandings and to provide special benefits to the City Manager in recognition of the unique nature of his position and responsibilities. Unless otherwise set forth in this agreement, the terms and conditions of employment for the City Manager shall be the same as other employees of the City. In accordance with the provisions of Ch.35A.13 RCW, the City Manager is appointed by the City Council for an indefinite term of office and may be removed by a vote of the majority of the City Council. Recognizing the indefinite term of office required by state law, it is nonetheless the intent of this agreement to provide general employment conditions for the period of this agreement unless terminated earlier in accordance with the provisions of Ch.35A.13 RCW. SECTION I Duties and Responsibilities The duties and responsibilities of the City Manager shall be in accordance with Ch.35A.13 RCW, all ordinances and resolutions of the City of Port Angeles, and such policies as shall be adopted from time to time by the City Council. The duties and responsi- bilities of the Manager shall include but not necessarily be limited to, the following list: 1. Be the chief administrative officer of the City and be responsible to the City Council for proper administration of all affairs of the City. 2. Attend all meetings of the City Council at which his attendance may be required by that body. 3. Appoint and remove at any time all department heads, officers and employees of the City, except members of the City Council, which appointment power shall be subject to any civil service law, rule or regulation as well as any employment agreements. 4. Recommend for adoption by the City Council such measures as he may deem necessary or expedient. 5. See that all laws, ordinances and policies of 1 5.Q(3 the City Council are faithfully executed, subject to the authority which the City Council may grant the Mayor to maintain law and order in times of emergency. 6. Prepare and submit to the City Council such reports as may be required by that body or as he may deem it advisable to submit. 7. Keep the City Council fully advised of the financial conditions of the City and its future needs. 8. Prepare and submit a preliminary or proposed budget; work with the Budget Committee in its analysis and review; and be responsible for its administration upon adoption. 9. Keep the public and Council informed through periodic reports to the Council on City operations. SECTION II Salary Annually, the City Council shall review the City Manager's performance and may at the Council's discretion increase the City Manager's salary by two and one half to five percent. The City Manager shall also receive any cost of living adjustments received by the Administrative Management employees of the City during the period of this agreement and shall also be subject to any other salary adjustments incurred by said employees. SECTION III Hours of Work The minimum work week of the City Manager shall be forty (40) hours plus any additional work time reasonably required to discharge the duties and responsibilities of the office of City Manag ?r. It is further recognized that as part of the job as City Manager, the Manager is required to maintain an office at home capable of handling reasonable off -hour business matters from members of the City Council and the public, relevant to the management affairs of the City. SECTION IV Automobile The City Manager is required to have a car available for City business. The City shall supply an appropriate City vehicle, which shall be used for City business, provided that such vehicle may be used for limited personal use, and provided further that the City Manager shall reimburse the City for all out -of -town personal traveL at the City's standard mileage reimbursement rate. The City 2 shall not be liable for any personal use of such vehicle and the City:Kanager shall obtain the legally required insurance coverage. SECTION V Other Benefits The City Manager shall receive the same benefits relating to vacation, sick leave, holidays, insurance coverage, deferred payment plans, etc., as enjoyed by City department heads and as defined in the ordinance which establishes these benefits (a copy of tha current ordinance is attached), provided, however, that the cash -out rate for accumulated leave shall be 100 percent. The City Manager, under Washington State law, may withdraw from the Washington State Public Employees Retirement System (PERS). If the City Manager withdraws from PERS, the City agrees to cc•ntribute L7 _,percent of the salary as determined under Section II to an alternate retirement program selected by the City Manager. SECTION VI Professional Development To aid the City Manager in his professional development, the City igrees to budget and pay reasonable expenses for professional dues, subscriptions and travel required to participate in national, regional and state associations. SECTION VII Termination and Severance Pav In the event the City Manager is terminated or asked to resign by the City Council, the following provisions shall apply: 1. If the City Manager is terminated during the life of this agreement, the City agrees to pay the City Manager a lump sum cash payment equal to twelve months' aggregate salary and the cash -out of accumulated leave as provided in Section V. 2. In the event the City Manager is terminated because of his conviction of any illegal act involving personal gain to him, then, in that event, the City shall have no obligation to pay any of the aggregate sums designated in paragraph 1 of this Section. In the event the City Manager voluntarily resigns, the City is only obligated to pay accumulated leave and all other normal settl ?ments employees receive as provided in Section V. Voluntary resignation shall be by thirty (30) days advance notice in writing. SECTION VIII General Provisions 3 ATTEST: 1. The City Council shall fix any such terms and conditions of employment as it may determine from time to time, relating to the performance of the City Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agree- ment. The City Manager shall receive all benefits provided general employees through City and State laws, including normal retire- ment, and may exceed these benefits when established by this agreement. 2. The text herein shall constitute the entire agreement between the parties. 3. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the City Manager. 4. This agreement shall become effective commencing January 1, 1998, and shall continue in effect until August 31, 2001. This agreement shall be subject to reopening upon ninety (90) days written notice by either party prior to the termination date as provided above. Otherwise this agreement shall be extended on the same terms and conditions for an additional two year period. 5. If any provision contained in this agreement is held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect. IN WITNESS WHEREOF, THE CITY OF PORT ANGELES has caused this Employment Agreement to be signed and executed by the Mayor at the direction of the City Council and attested to by the City Clerk, and the CITY MANAG R has s ned aq d executed this agreement, in duplicate this ...2 ay of 0091141 199 '7- D l' T I TY CL2KS] T \GROUP \CLERK \CMGREMP AGR CI�l\Y OF P ANGELES C (14 i G U i CITY MANAGER CITY COUNCIL EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT between the City of Port Angeles and the City Manager, Jeffrey A. Pomeranz, is set forth to establish a basis for good working relationships, to avoid possible misunderstandings and to provide special benefits to the City Manager in recognition of the unique nature of his position and responsibilities. Unless otherwise set forth in this agreement, the terms and conditions of employment for the City Manager shall be the same as other employees of the City. In accordance with the provisions of Ch. 35A.13 RCW, the City Manager is appointed by the City Council for an indefinite term of office and may be removed by a vote of the majority of the City Council. Recognizing the indefinite term of office required by state law, it is nonetheless the intent of this agreement to provide general employment conditions for the period of this agreement unless terminated earlier in accordance with the provisions of Ch. 35A.13 RCW. SECTION I Duties and Responsibilities The duties and responsibilities of the City Manager shall be in accordance with Ch. 35A.13 RCW, all ordinances and resolutions of the City of Port Angeles, and such policies as shall be adopted from time to time by the City Council. The duties and responsi- bilities of the Manager shall include but not necessarily be limited to, the following list: 1. Be the chief administrative officer of the City and be responsible to the City Council for proper administration of all affairs of the City. 2. Attend all meetings of the City Council at which his attendance may be required by that body. 3. Appoint and remove at any time all department heads, officers and employees of the City, except members of the City Council, which appointment power shall be subject to any civil service law, rule or regulation as well as any employment agreements. 4. Recommend for adoption by the City Council such measures as he may deem necessary or expedient. 5. See that all laws, ordinances and policies of the City Council are faithfully executed, subject to the authority which the City Council may grant the Mayor to maintain law and order in times of emergency. 6. Prepare and submit to the City Council such reports as may be required by that body or as he may deem it advisable to submit. 7. Keep the City Council fully advised of the financial conditions of the City and its future needs. 8. Prepare and submit a preliminary or proposed budget; work with the Budget Committee in its analysis and review; and be responsible for its administration upon adoption. 9. Keep the public and Council informed through periodic reports to the Council on City operations. SECTION II Salary Annually, the City Council shall review the City Manager's performance and may at the Council's discretion increase the City Manager's salary by two and one half to five percent. The City Manager shall also receive any cost of living adjustments received by the Administrative Management employees of the City during the period of this agreement and shall also be subject to any other salary adjustments incurred by said employees. SECTION III Hours of Work The minimum work week of the City Manager shall be forty (40) hours plus any additional work time reasonably required to discharge the duties and responsibilities of the office of City Manager. It is further recognized that as part of the job as City Manager, the Manager is required to maintain an office at home capable of handling reasonable off -hour business matters from members of the City Council and the public, relevant to the management affairs of the City. 2 SECTION IV Automobile The City Manager is required to have a car available for City business. The City shall supply an appropriate City vehicle, which shall be used for City business, provided that such vehicle may be used for limited personal use, and provided further that the City Manager shall reimburse the City for all out -of -town personal travel at the City's standard mileage reimbursement rate. The City shall not be liable for any personal use of such vehicle and the City Manager shall obtain the legally required insurance coverage. SECTION V Other Benefits The City Manager shall receive the same benefits relating to vacation, sick leave, holidays, insurance coverage, deferred payment plans, etc., as enjoyed by City department heads and as defined in the ordinance which establishes these benefits (a copy of the current ordinance is attached), provided, however, that the cash -out rate for accumulated leave shall be 100 percent. The City Manager, under Washington State law, may withdraw from the Washington State Public Employees Retirement System (PERS). If the City Manager withdraws from PERS, the City agrees to contribute 12.62 percent of the salary as determined under Section II to an alternate retirement program selected by the City Manager. SECTION VI Professional Development To aid the City Manager in his professional development, the City agrees to budget and pay reasonable expenses for professional dues, subscriptions and travel required to participate in national, regional and state associations. SECTION VII Termination and Severance Pay In the event the City Manager is terminated or asked to resign by the City Council, the following provisions shall apply: 1. If the City Manager is terminated during the life of this agreement, the City agrees to pay the City Manager a lump sum cash payment equal to twelve months' aggregate salary and the cash -out of accumulated leave as provided in Section V. 2. In the event the City Manager is terminated because of his conviction of any illegal act involving personal gain to him, then, in that event, the City 3 shall have no obligation to pay any of the aggregate sums designated in paragraph 1 of this Section. In the event the City Manager voluntarily resigns, the City is only obligated to pay accumulated leave and all other normal settlements employees receive as provided in Section V. Voluntary resignation shall be by thirty (30) days advance notice in writing. SECTION VIII General Provisions 1. The City Council shall fix any such terms and conditions of employment as it may determine from time to time, relating to the performance of the City Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agree- ment. The City Manager shall receive all benefits provided general employees through City and State laws, including normal retire- ment, and may exceed these benefits when established by this agreement. 2. The text herein shall constitute the entire agreement between the parties. 3. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the City Manager. 4. This agreement shall become effective commencing January 21, 1997, and shall continue in effect until August 31, 2000. This agreement shall be subject to reopening upon ninety (90) days written notice by either party prior to the termination date as provided above. Otherwise this agreement shall be extended on the same terms and conditions for an additional two year period. 5. If any provision contained in this agreement is held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect. IN WITNESS WHEREOF, THE CITY OF PORT ANGELES has caused this Employment Agreement to be signed and executed by the Mayor at the direction of the City Council and attested to by the City Clerk, 4 and the CITY MANAGER has signed and executed this agreement, in duplicate this 21st day of January, 1997. ATTEST: CMCCEMP AGR Y OF PORT ANGELES r MA R 1 C AMENDMENT TO CITY MANAGER -CITY COUNCIL EMPLOYMENT AGREEMENT This is an amendment to the employment agreement between the City of Port Angeles and the City Manager, Jeffrey A. Pomeranz, dated May 4, 1993. In consideration of mutual benefits, the parties hereby agree that Section VIII, Paragraph 4, shall be amended to read as follows: This agreement shall become effective commencing August 13, 1993 and shall continue in effect until August 13, 19901999. This agreement shall be subject to reopening upon ninety (90) days written notice by either party prior to the termination date as provided above. Otherwise, this agreement shall be extended on the same terms and conditions for an additional two -year period. IN WITNESS WHEREOF, the City of Port Angeles has caused this amendment to the employment agreement to be signed and executed by the Mayor at the direction of the City Council and attested to by the City Clerk, and the City Manager has signed and executed this agreement, in duplicate, this a day of May, 1996. ATTEST: AD CITY CL CMEmpAgr.Rev CITY OF PORT ANGELES 3 At►.s��u�C�SL.� i MAYOR p O R �F L T AN° F! 111 r ikira-Ma K February 20, 1996 TO: Jeff Pomeranz Personnel File CITY OF PORT ANGELES 321 EAST FIFTH ST P 0 BOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457 -0411 FROM: Mayor Prosper Ostrowski, Deputy Mayor Gary Braun, Council Members Larry Doyle, Glenn Wiggins, James Hulett, Orville Campbell, and Cathleen McKeown SUBJECT: Jeff Pomeranz, City Manager, Evaluation 1994 1995 The performance of Jeff Pomeranz for 1994 -1995 has been reviewed by the City Council. The City Council members would like to take this opportunity to commend Jeff for his excellent work and recognize the following accomplishments: Through his leadership, the City of Port Angeles has been awarded the Distinguished Budget Award for it's budget presentation by the Government Finance Officers Association consistently from 1991 through 1996. He has initiated long range financial projections for Port Angeles, reduced City costs, and has been able to maintain a high quality of City service to the community. Jeff has established a customer service philosophy for the City employees through example and staff development efforts. He has encouraged and facilitated the City's employees to be active members in community activities resulting in a teamwork perspective between employees of the City and members of the community. The City Manager is committed to professional development and has encouraged City employees to develop to their fullest potential. He has implemented several employee recognition programs: the Employee Suggestion Program, the Outstanding Public Service Award, and the Superior Performance Award. These programs have not only benefited the City employees, but have benefited the citizens of Port Angeles. Manager Pomeranz has worked collaboratively in support of the City Council's role. He is accessible, providing the necessary, accurate research and information to assist and support the Council. He is skilled in using each Council member's unique expertise, skills, and contributions toward the betterment of the City of Port Angeles. February 20, 1996 Jeff Pomeranz Personnel File Page Two Jeff has been instrumental in securing millions of dollars of grants and low interest loans. This has provided infrastructure and amenities to the City. The 1996 Port Angeles City Goals are being developed by the City Manager, the City Council, and City department heads. Jeff Pomeranz has the pivotal role in making these goals a reality. We encourage him to continue his excellent work, keeping these goals and directions at the forefront. 1 Mayor Prosper Ostrowski C�u mber Larry D I,* it Member James Hulett C 7e e Council Member Cathleen McKeown Deputy Mayor Gary'Braun Council Member Gfenn Wiggins Council Member Orville Campbell IMIllPir 321 EAST FIFTH ST., P 0 BOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457 -0411 February 20, 1996 N TO: Jeff Pomeranz Personnel File CITY OF PORT ANGELES FROM: Mayor Prosper Ostrowski, Deputy Mayor Gary Braun, Council Members Larry Doyle, Glenn Wiggins, James Hulett, Orville Campbell, and Cathleen McKeown SUBJECT: Jeff Pomeranz, City Manager, Evaluation 1994 1995 The performance of Jeff Pomeranz for 1994 -1995 has been reviewed by the City Council. The City Council members would like to take this opportunity to commend Jeff for his excellent work and recognize the following accomplishments: Through his leadership, the City of Port Angeles has been awarded the Distinguished Budget Award for it's budget presentation by the Government Finance Officers Association consistently from 1991 through 1996. He has initiated long range financial projections for Port Angeles, reduced City costs, and has been able to maintain a high quality of City service to the community. Jeff has established a customer service philosophy for the City employees through example and staff development efforts. He has encouraged and facilitated the City's employees to be active members in community activities resulting in a teamwork perspective between employees of the City and members of the community. The City Manager is committed to professional development and has encouraged City employees to develop to their fullest potential. He has implemented several employee recognition programs: the Employee Suggestion Program, the Outstanding Public Service Award, and the Superior Performance Award. These programs have not only benefited the City employees, but have benefited the citizens of Port Angeles. Manager Pomeranz has worked collaboratively in support of the City Council's role. He is accessible, providing the necessary, accurate research and information to assist and support the Council. He is skilled in using each Council member's unique expertise, skills, and contributions toward the betterment of the City of Port Angeles. February 20, 1996 Jeff Pomeranz Personnel File Page Two Jeff has been instrumental in securing millions of dollars of grants and low interest loans. This has provided infrastructure and amenities to the City. The 1996 Port Angeles City Goals are being developed by the City Manager, the City Council, and City department heads. Jeff Pomeranz has the pivotal role in making these goals a reality. We encourage him to continue his excellent work, keeping these goals and directions at the forefront. Mayor Prosper Ostrowski Zit Chu mber Larry Doe j it Member James Hulett )/2 7e Council Member Cathleen McKeown Deputy Mayor Gary' Braun Council Member Glenn Wiggins jj0 Council Member Orville Campbell This is an amendment to the employment agreement between the City of Port Angeles and the City Manager, Jeffrey A. Pomeranz, dated May 4, 1993. In consideration of mutual benefits, the parties hereby agree that Section VIII, Paragraph 4, shall be amended to read as follows: This agreement shall become effective commencing August 13, 1993 and shall continue in effect for a period of thrcc yca— until August 13. 1998. This agreement shall be subject to reopening upon ninety (90) days written notice by either party prior to the termination date as provided above. Otherwise, this agreement shall be extended on the same terms and conditions for an addi- tional two -year period. IN WITNESS WHEREOF, the City of Port Angeles has caused this amendment to the employment agreement to be signed and executed by the Mayor at the direction at the direction of the City Council and attested to by the City Clerk, and the City Manager has signed and executed this agreement, in duplicate, this /o day of February, 1995. ATTEST: CITY CL CMEmpAgr.Rev 1.45bak AMENDMENT TO CITY MANAGER -CITY COUNCIL EMPLOYMENT AGREEMENT CITY OF PORT ANGELES MAY U C. /C9-1-,.--4.-40 Y MANMER CITY MANAGER CITY COUNCIL EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT between the City of Port Angeles and the City Manager, Jeffrey A. Pomeranz, is set forth to establish a basis for good working relationships, to avoid possible misunderstandings and to provide special benefits to the City Manager in recognition of the unique nature of his position and responsibilities. Unless otherwise set forth in this agreement, the terms and conditions of employment for the City Manager shall be the same as other employees of the City. In accordance with the provisions of Ch. 35A.13 RCW, the City Manager is appointed by the City Council for an indefinite term of office and may be removed by a vote of the majority of the City Council. Recognizing the indefinite term of office required by state law, it is nonetheless the intent of this agreement to provide general employment conditions for the period of this agreement unless terminated earlier in accordance with the provisions of Ch. 35A.13 RCW. SECTION I Duties and Responsibilities 1. Be the chief administrative officer of the City and be responsible to the City Council for proper administration of all affairs of the City. The duties and responsibilities of the City Manager shall be in accordance with Ch. 35A.13 RCW, all ordinances and resolutions of the City of Port Angeles, and such policies as shall be adopted from time to time by the City Council. The duties and responsibilities of the Manager shall include but not necessarily be limited to, the following list: 2. Attend all meetings of the City Council at which his attendance may be required by that body. 3. Appoint and remove at any time all department heads, officers and employees of the City, except members of the City Council, which appointment power shall be subject to any civil service law, rule or regulation as well as any employment agreements. 4. Recommend for adoption by the City Council such measures as he may deem necessary or expedient. 5. See that all laws, ordinances and policies of the City Council are faithfully executed, subject to the authority which the City Council may grant the Mayor to maintain law and order in times of emergency. 6. Prepare and submit to the City Council such reports as may be required by that body or as he may deem it advisable to submit. 7. Keep the City Council fully advised of the financial conditions of the City and its future needs. 8. Prepare and submit a preliminary or proposed budget; work with the Budget Committee in its analysis and review; and be responsible for its administration upon adoption. 9. Keep the public and Council informed through periodic reports to the Council on City operations. SECTION II Salary Annually, the City Council shall review the City Manager's performance and may at the Council's discretion increase the City Manager's salary by two and one half to five percent. The City Manager shall also receive any cost of living adjustments received by the Administrative Management employees of the City during the period of this agreement and shall also be subject to any other salary adjustments incurred by said employees. SECTION III Hours of Work The minimum work week of the City Manager shall be forty (40) hours plus any additional work time reasonably required to discharge the duties and responsibilities of the office of City Manager. It is further recognized that as part of the job as City Manager, the Manager is required to maintain an office at home capable of handling reasonable off -hour business matters from members of the City Council and the public, relevant to the management affairs of the City. 2 SECTION IV Automobile The City Manager is required to have a car available for City business. The City shall supply an appropriate City vehicle, which shall be used for City business, provided that such vehicle may be used for limited personal use, and provided further that the City Manager shall reimburse the City for all out -of -town personal travel at the City's standard mileage reimbursement rate. The City shall not be liable for any personal use of such vehicle and the City Manager shall obtain the legally required insurance coverage. SECTION V Other Benefits The City Manager shall receive the same benefits relating to vacation, sick leave, holidays, insurance coverage, deferred payment plans, etc., as enjoyed by City department heads and as defined in the ordinance which establishes these benefits (a copy of the current ordinance is attached), provided, however, that the cash -out rate for accumulated leave shall be 100 percent. The City Manager, under Washington State law, may withdraw form the Washington State Public Employees Retirement System (PERS). If the City Manager withdraws from PERS, the City agrees to contribute an amount equal to the PERS contribution to an alternate retirement program selected by the City Manager. SECTION VI Professional Development To aid the City Manager in his professional development, the City agrees to budget and pay reasonable expenses for professional dues, subscriptions and travel required to participate in national, regional and state associations. SECTION VII Termination and Severance Pay In the event the City Manager is terminated or asked to resign by the City Council, the following provisions shall apply: 1. If the City Manager is terminated during the life of this agreement, the City agrees to pay the City Manager a lump sum cash payment equal to six months' aggregate salary and the cash out of accumulated leave as provided in Section V. 2. In the event the City Manager is terminated because of his conviction of any illegal act 3 involving personal gain to him, then, in that event, the City shall have no obligation to pay any of the aggregate sums designated in paragraph 1 of this Section. In the event the City Manager voluntarily resigns, the City is only obligated to pay accumulated leave and all other normal settlements employees receive as provided in Section V. Voluntary resignation shall be by thirty (30) days advance notice in writing. SECTION VIII General Provisions 1. The City Council shall fix any such terms and conditions of employment as it may determine from time to time, relating to the performance of the City Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement. The City Manager shall receive all benefits provided general employees through City and State laws, including normal retirement, and may exceed these benefits when established by this agreement. 2. The text herein shall constitute the entire agreement between the parties. 3. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the City Manager. 4. This agreement shall become effective commencing August 13, 1993, and shall continue in effect for a period of three years. This agreement shall be subject to reopening upon ninety (90) days written notice by either party prior to the termination date as provided above. Otherwise this agreement shall be extended on the same terms and conditions for an additional two year period. 5. If any provision contained in this agreement is held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect. IN WITNESS WHEREOF, THE CITY OF PORT ANGELES has caused this Employment Agreement to be signed and executed by the Mayor at the direction of the City Council and attested to by the City Clerk, 4 and the CITY MANAGER has signed and executed this agreement, in duplicate this 4th day of May, 1993. CITY OF PO ANGELES ATTEST: CITY CLEK CMCCEMPAGR /0/,u. 6 ,07i.e. o K _QM- 6 VLI� ORDINANCE NO. AN ORDINANCE of the City of Port Angeles establishing a position classification and pay plan for Management, Administrative, Technical, and Confidential Clerical Personnel (Schedule A), fringe benefits (Schedule C), and establishing a pay plan for employees working at the City Pool (Schedule B), for the period January 1, 1991, to December 31, 1991, and providing for the payment thereof. WHEREAS, it is necessary that a salary and fringe aenefit schedule be established for Management, Administrative, Technical and Confidential Clerical personnel employed by the City of Port Angeles and providing for the payment thereof; and WHEREAS, it is necessary to complete the implementation of the Compensation Study for the Administrative Group of employees, in accordance with Ordinance 2583, in order to correct inequities and accumulated cost -of- living deficiencies; and WHEREAS, it is necessary that a salary schedule be established for employees working at the City Pool; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as follows: Section 1. As of January 1, 1991, the salaries for :Management, Administrative, Technical, and Confidential Clerical 'personnel shall be as set forth in Schedule A attached to this Ordinance and made a part hereof by reference. Section 2. As of January 1, 1991, the salaries for mployees working at the City Pool shall be as set forth in Schedule B attached to this Ordinance and made a part hereof by reference. Section 3. All of the salaries set forth in Schedules A and B shall be paid in bi- weekly installments in accordance with ;)rocedures established by the City of Port Angeles and shall be )aid within five (5) working days after the close of the payroll -1- period or as soon thereafter as the established accounting procedures will permit. Section 4. Any of the salaries set forth in Schedules k and B may be reviewed at intervals at the discretion of the City Manager and the City Council. Section 5. As of January 1, 1991, the fringe benefits for Management, Administrative, Technical, and Confidential Tlerical personnel shall be as set forth in Schedule "C" attached Hereto and made a part hereof. PASSED by the City Council of the City of Port Angeles it a regular meeting of said Council held on the 15th day of 7anuary, 1991. ATTEST: Becky J. Upton, City Clerk APPROVED AS TO FORM: :raig D. Knutson, City Attorney PUBLISHED: RFM.12 MAYOR Section II. Holidays New Years Day President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day The day after Thanksgiving Christmas Day Two floating holidays Section III. Leave Policies CITY OF PORT ANGELES Schedule C Fringe Benefit Program Management and Administrative Personnel 1991 Section I. Retirement and Social Security Coverage A. Social Security In accordance with laws established by the U.S. Government. B. State Retirement Program In accordance with the provisions of the Public Employee Retirement System and the Law Enforcement Officers and Firefighters Retirement System as established by the Washington State Legislature. In accordance with the statutes established by the Washington State Legislature, holidays shall be as listed below: January 1 Third Monday in February Last Monday in May July 4 First Monday in September November 11 Fourth Thursday in November Fourth Friday in November December 25 As scheduled A. Leave Policies for the City manager and Department Heads. 1. Positions entitled to leave privileges set forth in this subsection: City Manager Director of Public Works Director of City Light Director of Administrative Services Director of Parks and Recreation Director of Planning Fire Chief Police Chief City Attorney Section III (Continued) A. (Cont'd) 2. Each Department Head and City Manager shall receive for each month of service in each 12 -month period, 2.5 days of General Leave to be used as they desire within the guidelines established below: (a) It is to be used for vacation, sick leave or other personal leave requirements. (b) Maximum accumulation shall be 120 days. (c) Department Heads are not required to take leave; however, the City Manager may exercise his authority to direct a Department Head to take vacation, when he feels that such time off is necessary for the benefit of the City or the employee. (d) Leave may be sold to the City for cash at the employee's current rate of pay only in accordance with the following guidelines: 1. A minimum accumulation of sixty (60) days must be achieved before any leave may be converted to cash. 2. Sale of leave to the City will be approved only in cases of emergency, contingency, or hardship, as determined by the City Manager. 3. The City Manager will (on a case -by -case basis) review requests for the sales of leave, and the extent to which such sales will be allowed. (e) All time off shall be scheduled by the employee with the advanced approval of the City Manager except when it may interfere with operational functions of the City demanding the employee's service or knowledge. (f) All vacation and sick leave accumulated on the effective date of the resolution or presently credited to the employee shall be placed to his credit in the records of the City. (g) It shall be the responsibility of the Department Head to use accumulated leave in a prudent and careful manner. (h) The City Manager may permit sick leave for employees with less than one year of service or who have not been able to accumulate sufficient time to cover the injury or sickness. (i) Upon termination in good standing, death, or retirement of the employee, a Department Head shall receive pay for accumulated leave not to exceed 120 days, in accordance with the following schedule at his rate of pay upon separation of City service: Years of Service Cash -Out Rate 0 3 years 25% 4 5 years 50% 6 7 years 75% 8 or more years 100% Section III (Continued) B. Leave policies for non Department Head employees in the Administrative, Technical, and Confidential Clerical group: 1. All employees of the administrative, clerical group not included in Section Administrative Group. 2. Vacation leave shall be accrued by the following rates: technical and confidential III -A shall be known as the Administrative Group at the 11 days 14 days 17 days 21 days 26 days 31 days service may be taken in any leave is approved by the Less than two years' service Two through five years Six through ten years Eleven through fifteen years Sixteen through twenty years Twenty -one years and over (a) Leave accredited for any month of subsequent month providing such Department Head. (b) Annual leave may be accumulated provided the total does not exceed 120 days. (c) Annual leave may be sold to the City for cash at the employee's current rate of pay in accordance with the following guidelines: 1. A minimum accumulation of sixty (60) days must be achieved before any leave may be converted to cash. 2. Sale of leave to the City will be approved only in cases of emergency, contingency, or hardship, as determined by the City Manager. 3. The City Manager will (on a case -by -case basis) consider requests for the sales of leave, and the extent to which such sales will be allowed. (d) Accrued vacation leave will be paid off in cash at the time of separation of City service. 3. Sick leave for the Administrative Group shall be accrued and used in accordance with the guidelines set forth in the City's Personnel Policy and Procedures Manual, Section 7.01, with the following exceptions: (a) Twenty -five percent of accumulated sick leave will be paid the employee upon termination in good standing, retirement, or death. (b) When an employee is injured on the job and there is time lost, he shall go on industrial insurance as provided by the City. He may use sick leave credits for pay equal to the difference between his regular pay less the amount of workmen's compensation pay. The portion of sick leave paid will be deducted from accumulated sick leave. Section IV. Deferred Compensation The City shall make the ICMA RC deferred compensation program available to the Management, Administrative, Technical and Confidential Clerical employees. Section V. Medical Insurance Programs The City will provide medical, dental, and vision coverage for regular full time employees and their eligible dependents. Regular part -time employees who are budgeted to work 50% or greater, shall receive benefits for the employee only. Section VI. Long Term Disability The City will provide Long -Term Disability Insurance for regular full -time Management, Administrative, Technical and Confidential Clerical employees with a 90 -day waiting period and income protection equal to 60% of monthly salary; provided that the City will pay 50% of the premium and each covered employee will pay 50% of the premium. Section VII. Tuition Reimbursement An employee in the Management, Administrative, Technical or Confidential Clerical group is eligible for full reimbursement of costs for tuition and books for courses directly related to his/her job, provided that the employee has gained advanced approval of his /her Department Head and City Manager on the appropriate request form, prior to registration for the class. All employees requesting reimbursement for tuition will be expected to meet the minimum standards for taking the course and must complete the course with a passing grade of "C" or better. Section VIII. Employee Assistance Program The City will make an Employee Assistance Program (EAP) available to Management and Administrative employees. Section IX. Term Life Insurance HRFM.9B The City will provide a term life insurance policy for Management and Administrative employees in the amount of one times the employee's annual salary, rounded to the nearest thousand. Employees will have the option to purchase additional term life insurance through payroll deductions. -4- CITY MANAGER CITY COUNCIL EMPLOYMENT AGREEMENT 5.243 This employment agreement between the City of Port Angeles and the City Manager, Jeffrey Pomeranz, is set forth to establish a basis for good working relationships, to avoid possible misunderstandings and to provide special benefits to the City Manager in recognition of the unique nature of his position and responsibilities. Unless otherwise set forth in this agreement, the terms and conditions of employment for the City Manager shall be the same as other employees of the city. In accordance with the provisions of Ch. 35A.13 RCW, the City Manager is appointed by the City Council for an indefinite term of office and may be removed by a vote of the majority of the City Council. Recognizing the indefinite term of office required by state law, it is nonetheless the intent of this agreement to provide general employment conditions for the period of this agreement unless terminated earlier in accordance with the provisions of Ch. 35A.13RCW. SECTION I Duties and Responsibilities The duties and responsibilities of the City Manager shall be in accordance with Ch. 35A.13 RCW, all ordinances and resolutions of the City of Port Angeles, and such policies as shall be adopted from time to time by the City Council. The duties and responsibilities of the manager shall include but not necessarily be limited to, the following list: 1. Be the chief administrative officer of the City and be responsible to the City Council for proper administration of all affairs of the City. 2. Attend all meetings of the City Council at which his attendance may be required by that body. 3. Appoint and remove at any time all department heads, officers and employees of the City, except members of the City Council. Appointment power shall be subject to any Civil Service Law, rule or regulation as well as any employment agreements. 4. Recommend for adoption by the City Council such measures as he may deem necessary or expedient. 5. See that all laws, ordinances and policies of the City Council are faithfully executed, subject to the authority which the City council may grant the mayor to maintain law and order in times of emergency. 1 6. Prepare and submit to the City Council such reports as may be required by that body or as he may deem it advisable to submit. 7. Keep the City Council fully advised of the financial conditions of the City and its future needs. 8. Prepare and submit a preliminary or proposed budget; to work with the Budget Committee in its analysis and review; and, to be responsible for its administration upon adoption. 9. Keep public and Council informed through periodic reports to Council on City operations. SECTION II Salary The City Manager's beginning salary shall be $4,969 per month. Under the terms of this agreement, the Manager's salary shall remain at $4,969 per month for six months at which time the Council shall review the City Manager's performance and may at the Council's discretion increase the City Manager's salary by two and one half to five percent. After the initial six month period the City Manager shall be entitled to annual step increases of two and one half to five percent based on the City Council's performance evaluation. The City Manager shall also receive any cost of living adjustments received by the Administrative Management employees of the City during the period of this agreement. SECTION III Hours of Work The minimum work week of the City Manager shall be forty (40) hours plus any additional work time reasonably required to discharge the duties and responsibilities of the office of City Manager. It is further recognized that as part of the job as City Manager, the Manager is required to maintain a publicly listed telephone within his home and maintain an office at home capable of handling reasonable off -hour business matters from members of the City Council and the public, relevant to the management affairs of the City. SECTION IV Automobile The City Manager is required to have a car available for City business. The City shall supply an appropriate City vehicle, which shall be used for City business, provided that such vehicle may be used for limited personal use, and provided further that the City Manager shall reimburse the City for all out -of -town personal travel at the City's standard mileage reimbursement rate. The City shall not be liable for any personal use of such vehicle and the 2 City Manager shall obtain the legally required insurance coverage. SECTION V Travel and Moving Expenses The City shall pay the City Manager the amount of the travel and moving expenses incurred in moving his immediate family and their personal possessions from Del Rio, Texas to Port Angeles, Washington, provided that the City Manager shall first have obtained two bids for such moving expenses and submitted the low bid to the City for approval. SECTION VI Other Benefits The City Manager shall receive the same benefits relating to vacation, sick leave, holidays, insurance coverage, deferred payment plans, etc., as enjoyed by City Department Heads and as defined in the ordinance which establishes these benefits (a copy of the current ordinance is attached), provided, however, that the cash -out rate for accumulated leave shall be 75 percent. The City Manager, under Washington State law, may withdraw from the Washington State Public Employees Retirement System (PERS). If the City Manager withdraws from PERS, the City agrees to contribute an amount equal to the PERS contribution to an alternate retirement program selected by the City Manager. SECTION VII Professional Development To aid the City Manager in his professional development, the City agrees to budget and pay reasonable expenses for professional dues, subscriptions and travel required to participate in national, regional and state associations. SECTION VIII Termination and Severance Pav In the event the City Manager is terminated or asked to resign by the City Council, the following provisions shall apply: 1. If the City Manager is terminated during the life of this agreement, the City agrees to pay the City Manager a lump sum cash payment equal to four months' aggregate salary and the cash -out of accumulated leave as provided in Section VI. 2. In the event the City Manager is terminated because of his conviction of any illegal act involving personal gain to him, then, in that event, the City shall have no obligation to pay any of the aggregate sums designated in paragraph 1 of this Section. In the event the City Manager voluntarily resigns, and gives thirty (30) days advance notice in writing, the City is only 3 obligated to pay accumulated leave and all other normal settlements employees receive as provided in Section VI. SECTION IX General Provisions 1. The City Council shall fix any such terms and conditions of employment as it may determine from time to time, relating to the performance of the City Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement. The City Manager shall receive all benefits provided general employees through City and State laws, including normal retirement, and may 'exceed these benefits when established by this agreement. 2. The text herein shall constitute the entire agreement between the parties. 3. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the City Manager. 4. This agreement shall become effective commencing August 13, 1990, except that the moving expenses provided for in Section V shall have been incurred prior thereto, and shall continue in effect for a period of three years. This agreement shall be subject to reopening upon ninety (90) days written notice by either party prior to the termination date as provided above. Otherwise this agreement shall be extended on the same terms and conditions for an additional two year period. 5. If any provision contained in this agreement is held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect. IN WITNESS WHEREOF, THE CITY OF PORT ANGELES has caused this Employment Agreement to be signed and executed by the Mayor at the direction of the City Council and attested to by the City Clerk and the CITY MANAGER has signed and xecuted this agreement both in duplicate, this 6 day ofv.A. 1990. U 4 CITY OF PORT ANGELES g etAgOCI L— MR ./Q Cn& 'N'IAIL ER