HomeMy WebLinkAbout15. Approve Compensation Adjustment for City Manager in accordance w-Employment Agrmt.W�-01
G V E D 0 Y
CITY MANAC',`ER
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: JAMES MCQUEEN, DIRECTOR OF HUMAN RESOURCESA
That the City Council approve the compensation adjustment for City Manager Gilbert Livas
in accordance with Amendment No. 2 to the Employment Agreement.
As part of the City Council's approval, Senate Bill (SB) 1436 mandates that local agencies
report out certain information before changing the compensation or benefits of their
"executives". Under this law, legislative bodies for agencies must orally report a summary of
a recommendation for changes in salaries or benefits before voting for the changes. The
votes must be taken in the open session portions of the meetings.
At its meeting on February 23, 2016, the City Council approved Amendment No. 2 (attach
as Exhibit A) to the Employment Agreement with Gilbert Livas. Mr. Livas' current annual
salary is $268,238.67 (effective January 14, 2019). In accordance with Section 1(B) of
Amendment No. 2 to Employment Agreement, a compensation adjustment increasing Mr.
Livas' annual salary by 5% effective the pay period that includes January 15, 2020. This
adjustment increases Mr. Livas' annual salary to $281,650.61 to establish and maintain a
minimum of 5% total compensation differential between Mr. Livas and the next highest pai
employee, the Police Chief. I
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FISCAL IMPACT
funding is included in the Fiscal Year 2019-20 budget.
ATTACHMENTS
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THIS AMEND NT NO, 2 TO EMPLOYMENT AGREEMENT ("Amendment") is
entered into thi!�i ay of February, 2016 by and between the City of Downey, a IPA,
California muni al corporation and charter city ("City") and Gilbert A. Livas
("Employee") City and Employee are sometimes individual referred to as the "Party" and
collectively as the "Parties."
WHEREAS, City and Employee entered into an Employment Agreement
("Agreement") on October 12, 2010 for Employee to serve as City Manager for the City
of Downey effective December 31, 2011 and to perform such duties and responsibilities
of such position;
WHEREAS, the C Council completed the performance evaluation of the City
---Manager on 201
WHEREAS, the Parties desire to make certain amendments to the Agreement as
qet forth herein; and
WHEREAS, the Parties intend to be bound by the terms and provisions of the
Agreement as it is amended herein.
NOW, THEREFORE, for and inconsideration of the mutual covenants and
conditions herein contained, the Parties agree as follows:
A. City and Employee hereby amend Section 2 ("Term") of the Agreement to read
as follows:
(a) Pursuant to the terms of the Charter, effective December 31, 2011,
Employee shall serve at the pleasure of the City Council. Nothing in this agreement
shall prevent, limit or otherwise interfere with the right of the City Council to terminate
the services of Employee for any reason, subject only to the provisions set forth in
paragraph (d) of this Section 2.
(b) Nothing in this agreement shall prevent, limit or otherwise interfere with the
right of Employee to voluntarily resign at any time from his position with the City, subject
only to the provisions set forth in Section 2, paragraph (d) of this agreement.
(c) Employee agrees to remain in the exclusive employment of City and not to
become otherwise employed while this agreement is in effect without the express written
consent of the Couircil.
• City may terminate this agreement for any reason • submitting thirty (30)
days' written notice to the Employee stating the Council's intention to terminate this
Agreement and remove him as City Manager and the reasons therefor. City shall
comply with the requirements of Section 607 of the Downey City Charter. The time
periods specified in Section •t shall be deemed to run • with the thirty (30)
days' notice provision of this section.
If termination is for any reason other than Employee's voluntary resignation from
his position with the City as specified in Section 2 (b) or commission of an illegal act
punishable as a misdemeanor or felony involving personal gain to him, City shall pay to
Employee a lump sum severance payment in an amount equal to twelve (12) months'
salary and benefits then in effect pursuant to this Agreement as of the last day of
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TO EFFECTUATE THIS AMENDMENT, the Parties have caused their duly
authorized representatives to execute this Amendment to the Agreement on the dates
set forth below.
By:
Alex Mayor
By:
City Clerk
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By:
*Attorney —
By:
Name: bibert A. Livas
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Date:___,,