HomeMy WebLinkAboutStaff Report 167-10TO: HOr~ORABLE CITY COUr~CIL
FROM: CITY MANAGER DEPARTMENT: CITY MANAGER'S OFFICE
DATE: March 8, 2010 CMR:167:10
REPORT TYPE: CONSENT
SUBJECT: Confirmation of Appointment of Pamela Anti! as Assistant City Manager
and Approval of At-Will Enlploynlent Contract
RECOMMENDATION
The City Manager recolnmends that the City Council confinn the appointInent of Palnela
Antil as Assistant City Manager and approve the attached at-will elnploytllent agreelnent.
BACKGROUND
The Municipal Code designates the Assistant City Manager as an "officer of the city" (Sec.
2.08.010) and requires that the City Council approve the City Manager's appointInent of the
Assistant City Manager and all City departlnent heads (Sec.2.08.020). The position has
relnained vacant since May, 2008 due to the transition of City Managers in 2008 and a
subsequent operational asseSSlnent by the new City Manager. The Assistant City Manager
serves as the operations officer for the City and Inay act on behalf of the City Manager when
necessary at City Councillneetings and in other high-level capacities. Filling the position at
this tilne is critical to the effective operations of the City and our ability to help transition our
organization through challenging times while fulfilling Council priorities.
DISCUSSION
The City Manager requests approval of the appointment of PaInela Antil to the position of
Assistant City Manager. Ms. Antil was selected as result of an extensive national search by
the executive recruitnlent finll of PeckhaIn & McKenney. An in-depth assessnlent process
was conducted, a process which resulted in the selection of Ms. Antil whose cOlnbination of
energy, experience, and cOlnmitInent to professional city Inanagelnent make her an ideal fit
for Palo Alto.
Ms. Antil has been the Assistant City Manager for the City of No vi, MI (pop.53,000) since
2006, and she was the Assistant City Manager for the City of Rancho Palos Verdes, CA
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(pop.45,000) where she served froln 1989-1995. She worked for the City of Ann Arbor, MI
(pop.l14,000) fron12004-2006 in a variety of positions including a brief appointnlent as
Assistant City Manager before Inoving to Novi. Ms. Antil holds the title of International
City/County Managelnent Association (lCMA) Credentialed Manager and has a Master of
Public AdIninistration Degree froln California State University, Long Beach. She has also
served onnUlnerous policy and planning conmnttees with ICMA and is a highly respected
IneInber of the city Inanagelnent cOlrununity.
RESOURCE IMPACT
The annual control point for the Assistant City Manager position is $199,431. The attached
at-will eInploYlnent agreelnent for Ms. Antil reflects an annual salary level of $195,000,
which is approxilnately 2.2% below control point.
The agreelnent includes reiInburseInent for basic relocation costs for travel and Inoving
expenses for Ms. Antil and her falnily in accordance with the basic relocation provision in
the Managelnent Professional COInpensation Plan and the City's existing policies.
All other terms are consistent with the at-will agreelnent teInplate that the Council approved
in 2004 when it transitioned to an at-will systeln for new department heads. Ms. Antil is to
begin her duties as Assistant City Manager on April 12,2010.
POLICY IMPLICATIONS
This recommendation is consistent with existing City policies.
ATTACHMENT
EInployment Agreelnent Between Pamela Antil and the City of Palo Alto
FOR DEPARTMENT HEAD: W G~
------~----~---------------------------
CITY MANAGER APPROVAL:
CMR:167:10
Russell Carlsen
Director of HUInan Resources
----~~~~~~~~---¥~---------
Jalne
City -
Page 20f2
THIS AGREEMENT is between the City of Palo Alto, a 1111111icipal corporation
and chartered city ("City") and Pan1elaWeaver Antil ("AntH") its Assistant City Manager. It is
effective on the latest date. next to the signatures on the last page.
This Agreelnent is entered into on the basis of the following facts, aluong others:
A. City, acting by and tln'ough its duly appointed City Manager and with the
approval of its duly elected City Council, desires to enlploy Antil as its Assistant City Manager
subject to the terms and conditions set forth in this Agreement, the Palo Alto Municipal Code
and in the Charter oftlle City of Palo Alto (the "Charter").
B. Antil desires to be enlployed by the City as its Assistant City Manager,
subject to the terms and conditions set forth in this Agreelnent, the Palo Alto Municipal Code,
and in the Charter.
C. City and Antil desire to establish specific ternlS and conditions relating to
cOlnpensation and benefits, perfonnance evaluations, and related lnatters.
D. Notwithstanding any provision of the City of Palo Alto Merit Systen1
Rules and Regulations, the City desires Anti} to serve on an at-will basis, with no expectation of
continued enlploytl1ent, and with no right to pre-or post-separation due process or appeal.
E. Antil desires a predictable runount of severance notice and severance pay
should her enlployment be ternlinated with or without cause or notice.
BASED UPON THE FOREGOING, CITY AND ANTIL AGREE AS
FOLLOWS:
1. Erl1ployment. City will appoint and enlploy Antil as Assistant City
Manager with the City of Palo Alto ruld Antil will accept the appointInent and elllployment with
the City for an indefinite te1ID to begin on April 12, 2010 (the "Start Date"). In the event Antil
does 110t actually report for or C0111n1011ce work on Aplil 12, 2010, the emploYlnent Start Date
will be the date, if any, as otherwise Dlutually agreed by the parties.
2. Duties of Antil. Antil shall perfonn the duties established for the
Assistant City Manager by the Charter, Palo Alto Municipal Code, direction of the City
Manager, or as otherwise provided by law, ordinance, or regulation.
2.1. Full Energy and Skill. Antil shall devote her full energy, skill,
ability, and pl:oductive thlle to the perfomlance ofhis/her duties.
2.2. No Conflict. Antil shall not engage in any enlploYIl1ent, activity,
consulting service, or other enterprise, for compensation or otherwise, which is actually or
potentially in conflict with, iniIllical to, or which interferes with the perfornlance of her duties.
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Antil ac1010wledges that she is subject to the various conflict of interest requirements found in
the California Goverlllllent Code and state and local policies and regulations.
2.3 Permission Required For Outside Activities. Antil shall 110t
engage in any elnployment, activity, consulting service, or other enterprise, for compensation or
otherwise, wHhout the express, written permission of the City Manager.
3. Compensation. While perfonning the duties of Assistant City Manager,
Antil shall be cOll1pensated as provided in this Section 3.
3.1. COll1pensation. Antil shall receive an initial base alUmaI salary of
One Hundred Ninety Five Thousand Dollars ($195,000) cOlmnencing on the effective date of the
contract.
3.2. Salary Adjusttnents. Not less than once each year, the City
Manager shall nleet with Antil for the express purpose of evaluating the perfOlll1anCe of Anti!.
The City Manager will act in good faith in detennining whether to increase the salary of Antil,
but the ultimate decision in this regard is within the sole discretion of the City Manager.
3.3. Variable Managenlent COlnpensation. If a Variable Management
COlnpensation (HVMC") progranl is provided in any given year, Antil shall be entitled to receive
VMC pursuant to the terms of a City Council approved ll1anagelnent compensation plan.
4. Regular Benefits and Allowances. Antil will be eligible for, and shall
receive, all regular benefits (i.e., health insurance, PERS contribution paid by City, etc.) and
vacation, sick leave, and Inanagement leave as are generally provided to Inanagelnent employees
pursuant to the City Council-appl'oved Management C0111pensation Plan.
5. Additional Benefits and Allowances. In addition to the benefits specified
in section 4, Antil sha11 receive the following additional benefits and allowances:
5.1 Reinlbursement for Relocation Expense:
5.1.1 Basic Relocation Benefits. Antil shall receive the Basic
Package for relocation benefits as provided in section B of Policy and Procedure 2-08.
5.2 Transportation Allowance. Anti! shall receive a transportation
allowance as provided in the City Council-approved Manageluent Compensation Plan.
6. Additional Expenses of ElnploYlnent. City shall pay the following usual
and custOlnary enlploymellt expenses:
6.1. The cost of any fidelity or other bonds required by law for the
Assistant City Manager.
7. Dlu'ation of EluploYlnent. Antil understands and agrees that she has no
constitutionally protected property or other interest in her employnlent as Assistant City
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Manager. She understands that notwithstanding any provision in the Merit System Rules and
Regulations, she has no right to pre-or post-disciplinary due process. She understands and agrees
that she works at the will and pleasure of the City Manager and that she lnay be tenninated, or
asked to resign, at any time1 with or without cause, upon thirty (30) days written notice to Anti!.
Anti11nay telminate this agreement upon thirty (30) days written notice to the City Manager.
7.1. Severance Pay. If Antil is asked to resign or is terminated as
Assistant City Manager helshe shall receive a cash severance pa)'lnent, or pa)'lnents (without
interest) at intervals specified by Anti!, equaling 6 months salary and benefits.
7.2. Non-Pa)l1nent of Severance Under Celtain Conditions. If the
termination of Anti! is the result of conviction of a felony, helshe shall not be paid any severance
pay.
8. IvIiscellaneous.
8.1. Notices. Notices given under this Agreenlent shall be in writing
and shall be either: a) served personally; or b) sent by facsiInile (provided a hard copy is mailed
within one (1) business day); or c) delivered by first-class United States lnai!, certified, with
postage prepaid and a retunl receipt requested; or d) sent by Federal Express, or some equivalent
private nlail delivery service. Notices shall be deemed received at the earlier of actual receipt or
tlu-ee (3) days following deposit in the United States In ail , postage prepaid. Notices shall be
directed to the addresses shown below, provided that a party Inay change such party's address for
notice by giving written notice to the other party in accordance with this subsection.
CITY:
Attn: City Manager
City of Palo Alto
250 Hanlilton Avellue
Palo Alto, CA 95901
Phone: (650) 329-2226
FAX: (650) 328-3631
PA.MELA WEAVER ANTIL:
Pmnela Weaver Antil
250 Hamilton Avenue
Palo Alto, CA 94301
Phone: (650) 329-2226
FAX: (650) 328-3631
8.2. Entire Agree111entiAmendlnent. This Agreenlent constitutes the
entire understanding and agremnent between the parties as to those matters contained in it, and
supersedes any and all prior or contelnporaneolls agreenlents, representations and understandings
of the parties. This Agreement may be amended at any time by mutual agreelnent of the parties,
but any such alnendnlent Inust be in writing, dated, and signed by the parties and attached hereto.
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8.3. Applicable Law all(i Venue. This Agreelnent shall be interpreted
according to the laws of the State of California. Venue of any action regarding this Agreement
shall be in the proper court in Santa Clara County.
8.4. Severability. In the event any portion of this Agreelnent is
declared void, such portion shall be severed from this Agreement and the relnaining provisions
shall relnain in effect, unless the result of snch severance would be to substantially alter this
Agreelnent or the obligations of the parties, in which case this Agree111ent shall be imlnediately
ten11inated.
8.5. Waiver. Any failure of a party to insist upon strict compliance
with any term, undertaldng, or condition of this Agreement shall not be deelnecl to be a waiver of
such term, undertaking, or condition. To be effective, a waiver nlust be in writing, signed and
dated by the parties.
8.6. Representation by Counsel. Antil and City acknowledge that they
each did, or had the opportunity to, consult with legal counsel of their respective choices with
respect to the Inatters that are the subject of tIns Agreement prior to executing it.
8.7 Section Headings. The headings on each of the sections and
subsections of this Agreenlent are for the convenience of the parties only and do' not lhnit or
expand the contents of any such section or subsection.
Dated: CITY OF PALO ALTO
By ________________________________ __
Ci ty Manager
Dated: _____ _ Assistant City lVIanager
~{;J ,~7=Up
Pamela Weaver Antil
Attest:
City Clerk
Approved as to Fonn:
By:
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