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03.09 City Attorney Employment AgreementAGENDA ITEM February 12, 2019 TO: Honorable Mayor and Members of the City Council THRU: Rick Otto, City Manager FROM: Will Kolbow, Administrative Services Director REVIEW: City ManagKr �R)Finance (-� 1. SUBJECT City of Orange Agreement for Employment of City Attorney. 2. SUMMARY The City Council has appointed Gary Sheatz as City Attorney and is asked to approve an agreement for employment obligating the City to pay the City Attorney an aggregate severance sum equal to six (6) months base salary if terminated prior to May 31, 2020 and three (3) months base salary if terminated at anytime thereafter. 3. RECOMMENDED ACTION Approve the agreement with Gary Sheatz as City Attorney and authorize the Mayor and the City Clerk to execute the agreement on behalf of the City. 4. FISCAL IMPACT The total exependiture for this agreement, if utilitzed, could require the payment between approximately $49,000 and $99,000 and will be funded through the General Fund (100). 5. STRATEGIC PLAN GOALS Goal 2: Be a fiscally healthy community a: Expend fiscal resources responsibly. 6. DISCUSSION AND BACKGROUND In closed session on January 8, 2019, the City Council appointed Gary Sheatz the next City Attorney, effective March 8, 2019 and announced the appointment in open session the same evening. The City Council is asked to approve Mr. Sheatz be compensated at Step "D" of the current published pay scale for the City Attorney position and further approve an employment agreement providing for an aggregate severance sum equal to six (6) months base salary if terminated prior to May 31, 2020 and three (3) months base salary if terminated at any time thereafter. The attached agreement reflects those terms. ITEM 3, q 1 02/12/2019 7. ATTACHMENTS 1. City of Orange Agreement for Employment of City Attorney ITEM 2 02/12/2019 CITY OF ORANGE AGREEMENT FOR EMPLOYMENT OF CITY ATTORNEY THIS AGREEMENT, is made and entered into to be effective as of March 8, 2019, by and between the City of Orange, a municipal corporation, hereinafter referred to as "City" and Gary A. Sheatz, an individual, hereinafter referred to as "City Attorney". In consideration of the respective and mutual covenants hereinafter contained and made, and subject to all the terms and conditions hereof, the parties agree as follows: 1. Except as specifically provided herein, the terms of employment of City Attorney are those specifically provided under the Orange Municipal Code, state law and City Council Resolution No. 11124 and any future amendments thereto, which sets forth compensation and benefits for Executive Directors and Top Management employees. 2. In the event the City Attorney is terminated prior to May 31, 2020, the City is obligated to pay the City Attorney an aggregate severance sum equal to six (6) months base salary pay package as of the termination date. 3. In the event the City Attorney is terminated after May 31, 2020, the City is obligated to pay the City Attorney an aggregate severance sum equal to three (3) months base salary pay package as of the termination date. 4. The total severance amount shall be payable 30 days following the date of termination. In the event the City Attorney accepts the severance payment, as a condition precedent the City Attorney must execute a waiver of any rights, claims, or any other actions arising out of termination of this Agreement in a form acceptable to the City Council. The City Attorney will not be entitled to such severance if the termination is due to misconduct in office. Misconduct includes, but is not limited to: a. Performance of outside business interests that conflict directly with the activities and duties as City Attorney; b. Refusal to take or subscribe any oath or affirmation that is required by law; C. Conviction of a felony or conviction of a misdemeanor involving moral turpitude (a conviction following a plea of nolo contendre is deemed a conviction). 5. If any provision or portion hereof is held unconstitutional, invalid or unenforceable, the remainder of this Agreement shall be deemed severable and shall not be affected and shall remain in full force and effect, and the City Council and the City Attorney shall be deemed to have intended to enter into this Agreement even absent such provision or portion hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the date and year first above written. DATE OF EXECUTION: ATTEST: Pamela Coleman, City Clerk DATE OF EXECUTION: DATE OF EXECUTION: CITY OF ORANGE, a municipal corporation, Mark A. Murphy, Mayor GARY A. SHEATZ, an individual, APPROVED AS TO FORM: Monica Espinoza Assistant Human Resources Director 2