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Home My WebLink About2010 CON Claudia Silva - City Attorney Employment AgreementEMPLOYMENT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CLAUDIA G. SILVA This employment agreement is entered into this 20th day of July, 2010, by and between the City of National City, a general law city ("City") and Claudia G. Silva, an individual ("Employee") with respect to employment as the City Attorney for the City. RECITALS Whereas, pursuant to Government Code section 36505, the City Council of the City of National City appoints the City Attorney. Whereas, the City Council appointed Employee the Acting City Attorney, effective July 1, 2010 and the City Attorney, effective July 20, 2010. Whereas, the parties desire to set forth certain matters related to the terms and conditions of employment of Employee as the City Attorney for the City. TERMS OF EMPLOYMENT In consideration of the faithful performance of the provisions and covenants set forth herein, the City and Employee agree as follows: A. Duration of Employment Employee shall hold the appointive office of City Attorney at and during the pleasure of the City Council. Employee shall also serve as General Counsel of the Community Development Commission and Legal Counsel for the City of National City Parking Authority. B. Compensation Employee shall receive an annual salary in an amount established by City Council resolution. The annual salary is $180,000 through June 30, 2011 and $199,900 commencing July 1, 2011. Employer shall consider increases to salary on an annual basis, commencing July 1, 2012, based upon factors such as Employee's performance, salary surveys and other relevant factors. Employee shall receive benefits and other compensation, such as vacation, sick leave, executive leave, short term disability, long term disability, retirement, 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. Resolution 2002-109 set the most current benefits and other compensation for executive employees and City Attorney. Those benefits and other compensation were modified by Resolution 2009-37 eliminating the car allowance for City Attorney and by amendments to the Ca1PERS agreements increasing employee retirement contributions. The Employee's Employment Agreement City Attorney 1 Alb contribution to the Ca1PERS employer -paid member contribution is established at 6% effective July 1, 2010, and 8% effective July 1, 2011. C. Separation 1. Severance. Upon City Council action to terminate Employee's employment, upon resignation in lieu of termination, upon request for resignation, or upon notice of potential termination by the City Council, the City shall pay to Employee severance based upon six (6) months of compensation, including salary, benefits, and other compensation accruing to Employee's employment as City Attorney, for the six month period. Such payment may be paid in a lump sum payment made on the effective date of termination or resignation, or a future date agreed upon by the parties. 2. Misconduct. Notwithstanding paragraph 1, above, the City shall not be obligated to pay severance if Employee is terminated because of a felony conviction, or a violation of law or serious violation of City personnel rules or policies constituting misconduct in office. 3. Voluntary Resignation The City shall not be obligated to pay severance if Employee voluntarily resigns without any action taken by City to terminate, initiate termination proceedings, or request resignation. A resignation to pursue other employment or professional opportunities does not obligate City to pay severance. 4. Notice of Voluntary Resignation Employee agrees to provide City thirty (30) days notice of voluntary resignation. D. Performance Employee covenants to perform the duties of the office of City Attorney in a good and professional manner as her full-time employment. Employee will not engage in any other employment in conflict with her employment with the City. E. Miscellaneous Provisions 1. The relationship between the parties is an employment relationship for public office and is exempt from the provisions of the Fair Labor Standards Act. National City. 2. The term City Council means the legislative body of the City of Employment Agreement City Attorney 2 3. This agreement may be amended only by a writing executed by the parties. IN WITNESS hereof, the parties have executed this agreement by their signatures set forth below: audia G. ATTEST: 1 Mike Dalla, ity APPROVED AS TO FO fp x George H. Eiser, IIi Special Legal Counsel CITY OF NATIONAL CITY orrison, Mayor Employment Agreement City Attorney 3 RESOLUTION NO. 2010 — 206 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CLAUDIA G. SILVA FOR THE POSITION OF CITY ATTORNEY WHEREAS, on June 22, 2010, the City Council appointed Claudia G. Silva the Acting City Attorney, effective July 1, 2010; and WHEREAS, on July 20, 2010, the City Council appointed Claudia G. Silva to the position of City Attorney, and established the salary and compensation by adopting Resolution No. 2010-164; and WHEREAS, the City Council desires to memorialize the terms and conditions of Claudia G. Silva's employment by setting forth the at -will status of her employment and a six- month severance provision in an Employment Agreement, which also reflects the salary and compensation approved by Resolution No. 2010-164. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute an Employment Agreement between the City of National City and Claudia G. Silva for the position of City Attorney. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of Septenjbei 2010. on Morrison, Mayor ATTEST: %� & Mic ael R. Della, ity Clerk APPROVED AS TO FORM: 73 awt- George H. Eiser, Ill Special Legal Counsel Passed and adopted by the Council of the City of National City, California, on September 7, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City National City, California erk of the City o By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-206 of the City of National City, California, passed and adopted by the Council of said City on September 7, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT G d01b-56 MEETING DATE: September 7, 2010 AGENDA ITEM NO. 15 i fEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Employment Agreement between the City of National City and Claudia Silva for the position of City Attorney PREPARED BY: George H. Eiser, III PHONE: Ext. 4221 p4 DEPARTMENT: City Attorney APPROVED BY:.1,; EXPLANATION: This Employment Agreement memorializes the terms and conditions of Claudia Silva's employment as City Attorney, effective July 20, 2010, the date of the appointment by the City Council. The Agreement sets forth the at -will status of her employment, a six-month severance provision, and reflects the salary and compensation approved by Resolution No. 2010-164. FINANCIAL STATEMENT: ACCOUNT NO. Funds are budgeted. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: _.nployment Agreement Resolution p,o 'ao\b-`dC G -ram CA:L 1 F,( NNTI N=i iNCORFORAreD OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Della, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax CLAUDIA SILVA Resolution No. 2010-206 Employment Agreement Esther Clemente (City Clerk) Forwarded Copy of Agreement to Claudia Silva