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Home My WebLink About2012 CON Claudia Silva - City Attorney Employment Agreement - Amendment #1FIRST AMENDMENT TO EMPLOYMENT AGREEMENT This First Amendment to Employment Agreement is made and entered into this 3rd day of July, 2012, by and between the City of National City, a municipal corporation (hereinafter called "Employer"), and Claudia Gacitua Silva, an individual (hereinafter called "Employee"). RECITALS A. Employer and Employee entered into an Employment Agreement (the "Agreement") dated July 20, 2010. B. 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." C. On June 19, 2012, Employer approved increases to manager and executive compensation and health care benefits. D. Employee and Employer seek to increase the cafeteria health benefit set forth in Section B of the Agreement, consistent with what was approved for executives and managers on June 19, 2012. E. Recent 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 language consistent with Government Code section 53243.2. NOW, THEREFORE, in consideration of the mutual benefit to be desired therefrom. Employer and Employee agree as follows: 1. Effective the first full pay period in July 2012, Section B of the Agreement between the City and City Attorney Claudia Gacitua Silva (the "Agreement") is hereby amended to add the following to the second paragraph of Section B: Section B Compensation Resolution 2012-135, adopted June 19, 2012, increased the health care benefit to executives and managers to $1,200.00 per month. Employer currently provides Employee a health care benefit of $800.00 per month. Effective the first full pay period in July 2012, Employer agrees to provide Employee a cafeteria health benefit of $1,200.00 per month, consistent with executives and managers. 2. The following shall be added to Section C.2 of the Agreement: 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. With the foregoing exception, each and every provision of the Employment Agreement dated July 20, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Employment Agreement on the date and year first written above. CITY OF NATIONAL CITY By: on Morrison, ayor APPROVED AS TO FO Je n fer Knight Deputy City Attorney EMPLOYEE I1i C.a.. dia I, • .'tua Silva July 3, 2012 2 First Amendment to Employment Agreement City of National City and Claudia Gacitua Silva RESOLUTION 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: 0 � Mich 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 CI rk oof ation 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 City City al City, California CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT l; c.'"1/4-c - `1 MEETING DATE: July 3, 2012 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Employment Agreement between the City of National City and City Attorney Claudia Gacitua Silva to set the health care benefit at the same amount as for executive and management employees, with no increase to base salary PREPARED BY: Leslie Deese DEPARTMENT: City Manager PHONE: X 4242 APPROVED BY.At,,_ EXPLANATION: The Employment Agreement between the City and City Attorney states that the City Attorney shall receive benefits and compensation as determined and established by City Council resolution for executive employees and the position of City Attorney. An increase for executive employees was approved on June 19, 2012. This First Amendment to the Employment Agreement increases the health care benefit to be paid to the City Attorney to $1,200 per month, consistent with the increase health care benefit paid to manager and executives. While executives and managers received in increase in base salary, the City Attorney did not request an increase to base salary. This First Amendment to Agreement also includes certain language related to abuse of office, which is required pursuant to recent legislation. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: roposed resolution IFirst Amendment to Employment Agreement 1 RESOLUTION NO. 2012 — 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 - Page Two PASSED and ADOPTED this 3rd day of July, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney FIRST AMENDMENT TO EMPLOYMENT AGREEMENT This First Amendment to Employment Agreement is made and entered into this 3rd day of July, 2012, by and between the City of National City, a municipal corporation (hereinafter called `Employer"), and Claudia Gacitua Silva, an individual (hereinafter called "Employee"). RECITALS A. Employer and Employee entered into an Employment Agreement (the "Agreement") dated July 20, 2010. B. 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." C. On June 19, 2012, Employer approved increases to manager and executive compensation and health care benefits. D. Employee and Employer seek to increase the cafeteria health benefit set forth in Section B of the Agreement, consistent with what was approved for executives and managers on June 19, 2012. E. Recent 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 language consistent with Government. Code section 53243.2. NOW, THEREFORE, in consideration of the mutual benefit to be desired therefrom, Employer and Employee agree as follows: 1. Effective the first full pay period in July 2012, Section B of the Agreement between the City and City Attorney Claudia Gacitua Silva (the "Agreement") is hereby amended to add the following to the second paragraph of Section B: Section 13 Compensation Resolution 2012-135, adopted June 19, 2012, increased the health care benefit to executives and managers to $1,200.00 per month. Employer currently provides Employee a health care benefit of $800.00 per month. Effective the first full pay period in July 2012, Employer agrees to provide Employee a cafeteria health benefit of $1,200.00 per month, consistent with executives and managers. 2. The following shall be added to Section C.2 of the Agreement: 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. With the foregoing exception, each and every provision of the Employment Agreement dated July 20, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Employment Agreement on the date and year first written above. CITY OF NATIONAL CITY EMPLOYEE By: Ron Morrison, Mayor Claudia Gacitua Silva APPROVED AS TO FORM: Jennifer Knight Deputy City Attorney July 3, 2012 1 First Amendment to Employment Agreement City of National City and Claudia Gacitua Silva OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax Claudia Silva Amendment #1 to Employment Agreement Esther Clemente (City Clerk) Forwarded Copy of Amendment to Claudia Silva