HomeMy WebLinkAboutStaff Report 168-10TO: HONORABLE COUr~CIL
FROM: CITY MANAGER DEPARTMENT: CITY MANAGER'S OFFICE
DATE: March 8, 2010 CMR:168:10
TYPE:
SUBJECT: Confirmation of Appointment of Gregory as Director of
Community Services and Approval of At-Will Employment Contract
RECOMMENDATION
The City Manager recolmnends that the City Council confinn the appointinent of
Gregory Betts as Director of COlnmunity Services and approve the attached at-will
employtnent agreeinent.
BACKGROUND
Municipal Code Section 2.08.020 requires that the City Council confinn the City
Manager's appointinent of City departInent heads.
DISCUSSION
The City Manager is reconunending appointnlent of Gregory Betts to replace Richard
Jmnes as Director of COlllinunity Services who retired in June, 2008. Mr. Betts has acted
as the Interiin Director of the Conmlunity Services Department since June, 2008.
Mr. Betts was selected as a result of a national search conducted by the executive
recruitInent finn of Peckhain & McKenney as well as a subsequent in-depth assessment
process. This process also included an outreach by the City Manager to various
stakeholder groups in the course of developing a candidate profile. Once finalists were
selected, interviews were conducted by two panels whose Ineinbers included SOlne
executive personnel as well as cOlnmunity representatives froin various cOlllinissions and
friends groups.
Mr. Betts has worked for the City of Palo Alto as a Inanager for the past twenty-six years
and has Inanaged a variety of responsibilities including the operation of the Aniinal
Services Division, Special Events, Open Space & Interpretation, Mitchell Park
COlnmunity Center, the Parks Division and special interest classes and caInps. was
liaison to the Parks and Recreation COlnmission and was responsible for a number of
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public/private projects such as the playground at Heritage Park, the renovation of Lytton
Plaza, and the stewardship agreement for the Pearson Arastradero Preserve. Mr. Betts
holds degrees froln the University of Califonlia, Davis, in Aninlal Science and Wildlife
Biology, and received his Master of Public Adlninistration degree fronl the University of
San Francisco. He is also an active Inember of the California Parks and Recreation
Society, National Parks and Recreation Association, and National Association of
Interpretation.
RESOURCE IMPACT
The annual control point for the Director of COlrununity Services position is $174,221.
The attached at-will emploYlnent for Mr. Betts reflects that salary level, and all other
tenllS are consistent with the at-will agreelnent teInplate that the Council approved in
2004 when it transitioned to an at-will systenl for new departlnent heads.
POLICY IMPLICATIONS
This reco1TIlnendation is consistent with existing City policies.
ATTACHMENT
EInploYlnent Agreelnent Between Gregory Betts and the City of Palo Alto
F~D~AITMlliTHMD:_~~='_~~~~_~ __ ~~~ ____ _
Russell Carlsen
Director of Human Resources
CITY MANAGER APPROVAL: ------~~~~--~~~~~---------
CMR:168:10 Page 20f2
EMPLOYMENT AGREEMENT
THIS ... t\GREE::VIENT is between the of Palo Alto, a Inunicipal corporation
and chartered city ("City") and Betts, Conununity Services Director ("Betts"). It is
effective on the latest date next to signatures on last
This Agreenlent is entered into on the basis of the following facts, alnong others:
A. City, acting by and through its duly appointed City Manager and with the
approval its duly elected City Council, desires to elnploy Betts as Community Services
Director, subj ect to the temlS and conditions set fOlih in this Agreement, the Palo Alto Municipal
Code in the Charter of the City of Palo Alto (the "Charter").
Betts desires to be elnployed by the City as its Community Services
Director subj ect to telIDS and conditions set forth this Agreement, Palo Alto Municipal
Code, and the Charter.
City and Betts desire to establish specific terms and conditions relating to
compensation and benefits, performance evaluations, and related matters.
D. Notwithstanding any provision of the City of Palo Alto Merit System
Rules and Regulations, the City desires Betts to serve on an at-"will basis, with no expectation
continued employment, and with no light to pre-or post-separation process or appeal.
E. Betts desires a predictable anlount of severance notice and severance pay
should his enlployment be terminated with or without cause or notice.
BASED UPON THE FOREGOING, CITY Al'ID BETTS AGREE
FOLLOWS:
1. City will appoint and elnploy Betts as Community Services
Director with the City of Palo Alto and Betts will accept the appointment and employment for
City for an indefinite ternl to begin on March 8, 2010. In the event Betts does not actually
report for or commence work on March 8, 2010, Employment Stmi Date will be date,
any, as otherwise mutually agreed by the parties.
2. Betts shall perform the duties established for the
C01111nunity Services Director by the Charter, Palo Alto NIunicipal Code, direction of City
Manager, or as otherwise provided by law, ordinance, or regulation.
2.1. Betts shall devote his full energy, skill,
ability, and productive time to the performance of his duties.
2.2. No Conflict. Betts shall not in any employment, activity,
consulting service, or other enterprise, compensation or otherwise, which is actually or
potentially in conflict with, inilnical to, or which interferes with performance his duties.
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Betts acknowledges that he is subject to the various conl1ict of interest requirenlents found in the
California Government Code and state and local policies and regulations.
2.3. Permission Required For Outside Activities. Betts shall not
engage in any employment, activity, consulting service, or other enterprise, for compensation or
otherwise, without the express, written pennission of the City Manager ..
3. COlnpensation. While performing the duties of Conlll1unity Services
Director, Betts shall be compensated as provided in this Section 3.
3.1. Compensation. Betts shall receive an initial base annual salary of
One Hundred Seventy Four Thousand Two Hundred Twenty One Dollars ($174,221.00)
commencing on the effective date of the contract.
3.2. Salary AdjustInents. Not less than once each year, the City
Manager shall Ineet with Betts for the express purpose of evaluating the perfoilllance of Betts.
The City Manager will act in good faith in determining whether to increase the salary of Betts,
but the ultimate decision in this regard is within the sole discretion of the City Manager.
3.3. Variable Management Compensation. If a Variable Management
Compensation ("VMC") program is provided in any given year, Betts shall be entitled to receive
VMC pursuant to the terms of a City Council approved management compensation plan.
4. Regular Benefits and Allowances. Betts 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 management leave as are generally provided to management employees
pursuant to the City Council-approved Management Compensation Plan.
5. Additional Benefits and Allowances. In addition to the benefits specified
in section 4, Betts shall receive the following additional benefits and allowances:
5.1. Transportation Allowance. Betts shall receive a LTansportation
allowance as provided in the City Council-approved Management Compensation Plan.
6. Additional Expenses of Employment. City shall pay the following usual
and custOlnary elnployment expenses:
6.1. The cost of any fidelity or other bonds required by law for the
Comn1unity Services Director.
7. Duration of Employment. Betts understands and agrees that he has no
constitutionally protected property or other interest in his employment as Conununity Services
Director. I-Ie understands that notwithstanding any provision in the Merit System Rules and
Regulations, he has no right to pre-or post-disciplinary due process. I-Ie understands and agrees
that he works at the will and pleasure of the City Manager and that he may be terminated, or
asked to resign, at any ti1ne, with or without cause, upon 30 days written notice to Betts. Betts
may tenninate this agreement upon 30 days written notice to the City Manager.
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8.
7.1. If Betts is asked to resign or is tenninated as
Conununity Services Director he shall receive a cash severance payment,
or payments (without interest) at intervals specified by Betts, equaling 6
lTIonths salary and benefits.
7.2. If the
termination of Betts is the result of conviction of a felony, he shall not be
paid any severance pay.
8.1. Notices given under this Agreelnent shall be in writing
and shall be either: a) served personally; or b) sent by facsimile (provided a hard copy is mailed
within one (1) business day); or c) delivered by first-class United States mail, certified, with
postage prepaid and a return receipt requested; or d) sent by Federal Express, or some equivalent
private mail delivery service. Notices shall be deemed received at the earlier of actual receipt or
tbree (3) days following deposit in the United States mail, postage prepaid. Notices shall be
directed to the addresses shown below, provided that a party may change such party's address for
notice by giving written notice to the other party in accordance with this subsection.
CITY:
BETTS:
Attn: City Manager
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 95901
Phone: (650) 329-2226
FAX: (650) 328-3631
Greg Betts
250 Hamilton Avenue
Palo Alto, CA 94301
Phone: 650-463-4951
FAX: 650-321-5612
8.2. Entire Agreement/An1endment. This Agreement constitutes the
entire understanding and agreement between the parties as to those matters contained in it, and
supersedes any arid all prior or contelnporaneous agreements, representations and understandings
of the parties. This Agreement may be arnended at any tin1e by mutual agreement of the parties,
but any such amendment must be in writing, dated, and signed by the parties and attached hereto.
8.3. This Agreement 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 this Agreement is
declared void, such portion shall be severed from this Agreelnent and the remaining provisions
shall remain in effect, unless the result of such severance would be to substantially alter this
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Agreement or the obligations of the parties, which case this Agreement shall be immediately
terminated.
8.5. Any failure of a party to insist upon stdct compliance
vvith any term, undertaking, or condition of this Agreement shall not be deemed to be a waiver of
such term, undertaking, or condition. be effective, a waiver must be in wliting, signed and
dated by the parties.
8.6. Betts and City acknowledge that they
each did, or had the opportunity to, consult with legal counsel of their respective choices with
respect to the matters that are subj ect this Agreement pdor to executing
8.7. The headings on each of the sections and
subsections of this Agreement are for the convenience or the parties only and do not linlit or
expand the contents of any such section or subsection.
Dated: _____ _ CITY OF P ALO ALTO
City Manager
Dated:
-----~
C01v1MUN1':VISERVICES DIRECTOR
(~#~ ~es
Attest:
City Clerk
Approved as to Form:
By:
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