HomeMy WebLinkAboutCC RESO 2012-143RESOLUTION NO. 2012 — 143
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO
THE EMPLOYMENT AGREEMENT WITH CITY ATTORNEY
CLAUDIA GACITUA SILVA TO SET THE HEALTH CARE BENEFIT
AT THE SAME AMOUNT AS FOR EXECUTIVES AND MANAGERS,
WITH NO INCREASE TO BASE SALARY
WHEREAS, on or about July 20, 2010, the City Council entered into an
Employment Agreement with City Attorney Claudia Gacitua Silva (the "Agreement") and
WHEREAS, the Agreement states, in relevant part, at Section B, that "Employee
shall receive benefits and other compensation, such as health and dental, and any other
benefits and compensation, as determined and established by City Council resolution for
executive employees and the position of City Attorney"; and
WHEREAS, on June 19, 2012, the City Council adopted Resolution No. 2012-
135, adjusting the City's contribution to employee health care for executive and management
employees to $1,200; and
WHEREAS, the City Council and the City Attorney seek to amend Section B of
the Agreement to increase the cafeteria health benefit for the City Attorney to be consistent with
the amount approved for executive and management employees; and
WHEREAS recent California legislation requires certain language related to
abuse of office be included in employment agreements. While the Agreement does contain
language referencing felony convictions and misconduct in office, the parties seek to add the
following language to Section C.2 of the Agreement, consistent with Government Code section
53243.2:
If this Agreement is terminated, any cash settlement related to the
termination that Employee may receive from Employer shall be fully
reimbursed to the Employer if the Employee is convicted of a crime
involving an abuse of her office or position.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes
the Mayor to execute a First Amendment to Employment Agreement with Claudia Gacitua Silva
increasing the cafeteria health benefit to be paid to the City Attorney to $1,200 per month,
consistent with the increase health care benefit paid to executive and management employees,
and Section C.2 is added to the Employment Agreement, consistent with Government Code
section 53243.2. Said First Amendment to Employment Agreement is on file in the Office of the
City Clerk.
--- Signature Page to Follow ---
Resolution No. 2012 — 143
Page Two
PASSED and ADOPTED this 3rd day of July, 201
Ron Morrison, Mayor
ATTEST:
q,,ief,J,f'igeit,
el R. Dalla Clerk
Mich y
APPROVED AS TO FO
Jn ifer S. Knight
D ty City Attorney
Passed and adopted by the Council of the City of National City, California, on July 3,
2012 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
,f
CI rk of the City of ation
City al City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2012-143 the City of National City, California, passed and adopted
by the Council of said City on July 3, 2012.
City Clerk of the City of National City, California
By:
Deputy