HomeMy WebLinkAboutStaff Report 9926
City of Palo Alto (ID # 9926)
City Council Staff Report
Report Type: Action Items Meeting Date: 12/17/2018
City of Palo Alto Page 1
Summary Title: Approval of Amended CAO Employment Agreements
Title: Approval of Annual Amendments to the Employment Agreements
Between the City of Palo Alto and Council Appointed Officers
From: City Manager
Lead Department: Human Resources
Recommended Motion
Staff recommends that Council consider the following motion:
Approve and authorize the Mayor to execute the following contract amendments for Council
Approved Officers:
1) Amendment No. Six to Employment Agreement between the City of Palo Alto and
Molly S. Stump;
2) Amendment No. Four to Employment Agreement between the City of Palo Alto and
Harriet M. Richardson; and,
3) Amendment No. Four to Employment Agreement between the City of Palo Alto and
Beth D. Minor.
Recommendation
The City Council has completed annual merit reviews for Council Appointed Officers (CAOs) for
the prior fiscal year’s performance (FY2017/18). Staff has been directed by City Council to
forward amendments to employment agreements to implement merit-based increases to the
CAO’s annual salaries, effective July 1, 2018, as follows: City Attorney Molly S. Stump, merit
increase of 5% from $284,253 to $298,480 (Attachment A); City Auditor Harriet Richardson,
merit increase of 4% from $187,533 to $195,042 (Attachment B); and City Clerk Beth Minor,
merit increase of 4% from $146,806 to $152,693 (Attachment C)
Discussion
In accordance with the CAO employment agreements, the City Council evaluates performance
and determines any merit-based salary increases at the conclusion of each fiscal year, with an
effective date of July 1. The evaluation process begins in approximately May of each year but
often takes several months to complete, as it is an extensive process with multiple steps. Since
2014, City Council has obtained facilitation services from the Municipal Resources Group (MRG)
City of Palo Alto Page 2
to assist with the annual process. MRG’s role includes conducting Council interviews and
surveys, collecting data and facilitating closed session discussions.
The CAO employment agreements do not include provisions for general wage or other
adjustments provided to other management employees. Thus, the merit-based pay increase for
each CAO described in this memo is the only annual increase to be provided. All other terms
and conditions of the employment agreements remain the same.
As is customary, City Council met in closed session to discuss an evaluation and potential salary
adjustment for the City Manager, as it does for all Council Appointed Officers. Before the
Council had deliberated on the City Manager’s evaluation, City Manager Jim Keene let the
Council know that he would voluntarily refuse to accept any salary increase were it to be
offered. The Council is appreciative of Jim Keene’s leadership and dedication to the community
and wishes him well on his pending retirement.
Resource Impact
Sufficient funding is available for the additional salary of approximately $27,600 total for the
three CAO positions in the respective departmental FY2018 Adopted Budgets. The fully-loaded
cost, including the additional salary, pension contribution and benefits is approximately
$38,600.
Environmental Review
Approval of these amended employment agreements will not result in any environmental
impacts.
Attachments:
• Attachment A: Amendment No Six to Molly Stump Employment and Exhibits
• Attachment B: Amendment No Four to Harriet Richardson Employment and Exhibits
• Attachment C: Amendment No Four to Beth Minor Employment and Exhibits
AMENDMENT NO.SIX FIVE TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND
MOLLY S.STUMP
This AMENDMENT NO.SIX FIVE to the EMPLOYMENT AGREEMENT
(“Agreement”)is entered into on November 6December 17,3016 2018 by and between the
CITY Of PALO ALTO,a California chartered municipal corporation (“City”),and MOLLY S.
STUMP (“Stump”),an individual,located at 250 Hamilton Avenue 8th Floor,Palo Alto,CA.
RECITALS:
WHEREAS,the original EMPLOThENT AGREEMENT between the City of
Palo Alto and Molly S.Stump.,attached hereto and incorporated herein as Exhibit “A”was
entered into between the parties for the services of City Attorney on or about April 18,2011;and
WHEREAS,AMENDMENT NO.ONE to the Agreement,attached hereto and
incorporated herein as Exhibit “B”was entered into between the parties on or about March 24,
2014;and
WHEREAS,AMENDMENT NO.TWO to the Agreement,attached hereto and
incorporated herein as Exhibit “C”was entered into between the parties on or about December 8,
2014.
WHEREAS,AMENDMENT NO.THREE to the Agreement,attached hereto and
incorporated herein as Exhibit “D”was entered into between the parties on or about february 1,
2016.
WHEREAS,AMENDMENT NO.FOUR to the Agreement,attached hereto and
incorporated herein as Exhibit “E”was entered into between the parties on or about December
12,2016.
WHEREAS,AMENDMENT NO.FIVE to the Agreement,attached hereto and
incorporated herein as Exhibit “F”was entered into between the parties on or about November 6,
2017.
WHEREAS,the parties wish to amend the Agreement;
NOW,THEREFORE,in consideration of the covenants,terms,conditions,and
provisions of this Amendment,the parties agree:
SECTION 1:Section 3.1 of the Agreement,Compensation,is hereby amended
to read as follows:
Commencing on and continuing from the pay period including July 1,2t)l 72018,
Stump’s annual base salary shall be increased to Two Hundred Ninety Eight
Eighty Four Thousand Two Four Hundred Eighty Fifty Three and No/100 Dollars
($298,480.00284,253.(Q),prorated and paid on City’s regular paydays.Stump
shall be an exempt employee under applicable wage and hour law and her base
salary shall be compensation for all hours worked.City agrees that the amount of
Stump’s base annual salary shall not decrease,except as part of a permanent
decrease that is consistent with the Fair Labor Standards Act and that is applicable
to either all Council Appointed Officers or all City Executive Staff (which
includes all Council Appointed Officers).
SECTION 2.Except as herein modified,all other provisions of the Contract,
including any exhibits and subsequent amendments thereto,shall remain in full force and effect.
fN WITNESS WHEREOF,the parties have by their
representatives executed this Amendment on the date first above written.
ATTEST:CITY OF PALO ALTO
duly authorized
City Clerk
APPROVED AS TO FORM:
I Deputy Chief Assistant City Attorney
Attachments:
Dated:
EXHIBIT A:EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND MOLLY S.STUMP
EXHIBIT B:AMENDMENT NO.ONE TO EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF PALO ALTO AND MOLLY S.STUMP
EXHIBIT C:AMENDMENT NO.TWO TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND MOLLY S.STUMP
EXHIBIT D:AMENDMENT NO.THREE TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND MOLLY S.STUMP
EXHIBIT E:AMENDMENT NO.FOUR TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND MOLLY S.STUMP
EXHIBIT F:AMENDMENT NO.FIVE TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND MOLLY S.STUM1
Mayor
Dated:
MOLLY S.STUMP
2
DocuSign Envelope ID:78B45C02-78E8-4EB3-B520-14DF578DEB5D
AMENDMENT NO.FIVE TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND
MOLLY S.STUMP
This AMENDMENT NO.FIVE to the EMPLOYMENT AGREEMENT
(“Agreement”)is entered into on November 6,2016 by and between the CITY OF PALO
ALTO,a California chartered municipal corporation (“City”),and MOLLY S.STUMP
(“Stump”),an individual,located at 250 Hamilton Avenue 8th Floor,Palo Alto,CA.
RECITALS:
I WHEREAS,the original EMPLOYMENT AGRE1MENT between the City of
Palo Alto and Molly S.Stump.,attached hereto and incorporated herein as Exhibit “A”was
entered into between the parties for the services of City Attorney on or about April 18,2011;and
WHEREAS,AMENDMENT NO.ONE to the Agreement,attached hereto and
incorporated herein as Exhibit “B”was entered into between the parties on or about March 24,
2014;and
WHEREAS,AMENDMENT NO.TWO to the Agreement,attached hereto and
incorporated herein as Exhibit “C”was entered into between the parties on or about December 8,
2014.
WHEREAS,AMENDMENT NO.THREE to the Agreement,attached hereto and
incorporated herein as Exhibit “D”was entered into between the parties on or about February 1,
2016.
WHEREAS,AMENDMENT NO.FOUR to the Agreement,attached hereto and
incorporated herein as Exhibit “E”was entered into between the parties on or about December
12,2016.
WHEREAS,the parties wish to amend the Agreement;
NOW,THEREFORE,in consideration of the covenants,temis,conditions,and
provisions of this Amendment,the parties agree:
SECTION 1:Section 3.1 of the Agreement,Compensation,is hereby amended
to read as follows:
Commencing on and continuing from the pay period including July 1,2017,
Stump’s annual base salary shall be increased to Two Hundred Eighty Four
Thousand Two Hundred Fifty Three and No/100 Dollars ($284,253.00),prorated
and paid on City’s regular paydays.Stump shall be an exempt employee under
applicable wage and hour law and her base salary shall be compensation for all
hours worked.City agrees that the amount of Stump’s base annual salary shall not
decrease,except as part of a permanent decrease that is consistent with the Fair
1
DocuSign Envelope ID:78B45C02-78E8-4EB3-B520-14DF578DEB5D
Labor Standards Act and that is applicable to either all Council Appointed
Officers or all City Executive Staff (which includes all Council Appointed
Officers).
SECTION 2.Except as herein modified,all other provisions of the Contract,
including any exhibits and subsequent amendments thereto,shall remain in full force and effect.
ll’1 WITNESS WHEREOF,the parties have by their duly authorized
representatives executed this Amendment on the date first above written.
ATTEST:CITY OF PALO ALTO
(—DocuSigned by:—DocuSigned by:
Lat1424 11/29/2017
_________________________
t33levko4D7...6JF3765F09D34EA...
Dated:__11/28/2017
APPROVED AS TO FORM:
—DocuSigned by:MOLLY S.STUMP14U/21/2017
,.—DocuSigned by:Lt tp
39A473B653574A9...
Dated:11/21/2017
Attachments:
EXHIBIT A:EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND MOLLY S.STUMP
EXHIBIT B:AMENDMENT NO.ONE TO EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF PALO ALTO AND MOLLY S.STUMP
EXHIBIT C:AMENDMENT NO.TWO TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND MOLLY S.STUMP
EXHIBIT D:AMENDMENT NO.THREE TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND MOLLY S.STUMP
EXHIBIT E:AMENDMENT NO.FOUR TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND MOLLY S.STUMP
2
DocuSign Envelope ID:555B7A99-5BA6-4F5E-8CFD-6EAI 80EAF461
AMENDMENT NO.FOUR TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND
MOLLY S.STUMP
This AMENDMENT NO.FOUR to the EMPLOYMENT AGREEMENT
(“Agreement”)is entered into on December 12,2016,by and between the CITY OF PALO ALTO,a
California chartered municipal corporation (“City”),and MOLLY S.STUMP (“Stump”),an
individual,located at 250 Hamilton Avenue 8th Floor,Palo Alto,CA.
RE C ITALS:
WHEREAS,the original EMPLOYMENT AGREEMENT between the City of
Palo Alto and Molly S.Stump.,attached hereto and incorporated herein as Exhibit “A”was
entered into between the parties for the services of City Attorney on or about April 18,2011;and
WHEREAS,AMENDMENT NO.ONE to the Agreement,attached hereto and
incorporated herein as Exhibit “B”was entered into between the parties on or about March 24,
2014;and
WHEREAS,AMENDMENT NO.TWO to the Agreement,attached hereto and
incorporated herein as Exhibit “C”was entered into between the parties on or about December 8,
2014.
WHEREAS,AMENDMENT NO.THREE to the Agreement,attached hereto and
incorporated herein as Exhibit “D”was entered into between the parties on or about
February 1,2016
WHEREAS,the parties wish to amend the Agreement;
NOW,THEREFORE,in consideration of the covenants,terms,conditions,and
provisions of this Amendment,the parties agree:
SECTION 1:Section 3.1 of the Agreement,Compensation,is hereby amended
to read as follows:
Commencing on and continuing from the pay period including July 1,2016,
Stump’s annual base salary shall be increased to Two Hundred Seventy Thousand
Seven Hundred Twelve and No/100 Dollars ($270,712.00),prorated and paid on
City’s regular paydays.Stump shall be an exempt employee under applicable
wage and hour law and her base salary shall be compensation for all hours
worked.City agrees that the amount of Stump’s base annual salary shall not
decrease,except as part of a permanent decrease that is consistent with the Fair
Labor Standards Act and that is applicable to either all Council Appointed
Officers or all City Executive Staff (which includes all Council Appointed
Officers).
DocuSign Envelope ID:555B7A99-5BA6-4F5E-8CFD-6EA1 80EAF461
SECTION 2.Except as herein modified,all other provisions of the Contract,
including any exhibits and subsequent amendments thereto,shall remain in full force and effect.
IN WITNESS WHEREOF,the parties have by their duly
representatives executed this Amendment on the date first above written.
ATTEST:CITY OF PALO ALTO
DocuSigned by:
City C1er—45F95502DB71492..
APPROVED AS TO FORM:
DocuSigned by:
Principal’C±t,°k9y
DocuSigned by:
1VIayor EDFFFE3FE1024BA...
Dated:5/24/2017
MOLLY S.STUMP
DocuSigned by:
Attachments:
“—39A473B653574A9...
Dated:5/24/2017
EXHIBIT A:
EXHIBIT B:
EXHIBIT C:
EXHIBIT D:
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND MOLLY S.STUMP
AMENDMENT NO.ONE TO EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF PALO ALTO AND MOLLY S.STUMP
AMENDMENT NO.TWO TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND MOLLY S.STUMP
AMENDMENT NO.THREE TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND MOLLY S.STUMP
authorized
2
DocuSign Envelope ID:DA00D396-A5CD-4527-AF85-3D6BB97C74CB
AMENDMENT NO.THREE TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND
MOLLY S.STUMP
This AMENDMENT NO.THREE to the EMPLOYMENT AGREEMENT
(“Agreement”)is entered into on february 1,2016,by and between the CITY OF PALO
ALTO,a California chartered municipal corporation (“City”),and MOLLY S.STUMP
(“Stump”),an individual,located at 250 Hamilton Avenue 8th Floor,Palo Alto,CA.
RECITALS:
WHEREAS,thc original EMPLOYMENT AGREEMENT between the ity of
Palo Alto and Molly S.Stump.,attached hereto and incorporated herein as Exhibit “A”was
entered into between the parties for the services of City Attorney on or about April 18,2011;and
WHEREAS,AMENDMENT NO.ONE to the Agreement,attached hereto and
incorporated herein as Exhibit “B”was entered into between the parties on or about March 24,
2014;and
WHEREAS,AMENDMENT NO.TWO to the Agreement,attached hereto and
incorporated herein as Exhibit “C”was entered into between the parties on or about December 8,
2014.
WHEREAS,the parties wish to amend the Agreement;
NOW,THEREFORE,in consideration of the covenants,terms,conditions,and
provisions of this Amendment,the parties agree:
SECTION 1:Section 3.1 of the Agreement,Compensation,is hereby amended
to read as follows:
Commencing on and continuing from the pay period including July 1,2015,
Stump’s annual base salary shall be increased to Two Hundred fifty Eight
Thousand Four Hundred Nineteen and No/100 Dollars 258,419.00),prorated and
paid on City’s regular paydays.Stump shall be an exempt employee under
applicable wage and hour law and her base salary shall be compensation for all
hours worked.City agrees that the amount of Stump’s base annual salary shall
not decrease,except as part of a permanent decrease that is consistent with the
Fair Labor Standards Act and that is applicable to either all Council
Appointed Officers or all City Executive Staff (which includes all Council
Appointed Officers).
I
/I
1
DocuSign Envelope ID:DA00D396-A5CD-4527-AF85-3D6BB97C74CB
SECTION 2.Except as herein modified,all other provisions of the Contract,
including any exhibits and subsequent amendments thereto,shall remain in full force and effect.
IN WITNESS WHEREOF,the parties have by their duly authorized
representatives executed this Amendment on the date first above written.
ATTEST:
Docusigned by:(Lr
‘45Focn,nr7yo)
City
CITY OF PALO ALTO
DocuSigned by:
OD5A2ttEC5M
Patrick BurtClerk
APPROVED AS TO FORM:
DocuSigned by:U’tf q
15B6C4522O1-4DC..
Deputy City Attorney
3/2/2016Dated:
MOLLY S.STUMP
,..—DocuSigned by:L 47nc74Ag
Dated:3/2/2016
2
AMENDMENT NO.TWO TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND
MOLLY S.STUMP
This AMENDMENT NO.TWO to the EMPLOYMENT AGREEMENT
(“Agreement”)is entered into on December 8,2014,by and between the CITY OF PALO
ALTO,a California chartered municipal corporation (“City”),and MOLLY S.STUMP
(“Stump”),an individual,located at 250 Hamilton Avenue 8th Floor,Palo Alto,CA.
RECITALS:
WHEREA$,the original EMPLOYMENT AGREEMENT between the City of
Palo Alto and Molly S.Stump.,attached hereto and incorporated herein as Exhibit “A”was
entered into between the parties for the services of City Attorney on or about April 18,2011;and
WHEREAS,AMENDMENT NO.ONE to the Agreement,attached hereto and
incorporated herein as Exhibit “B”was entered into between the parties on or about March 24,
2014;and
WHEREAS,the parties wish to amend the Agreement;
NOW,THEREFORE,in consideration of the covenants,terms,conditions,and
provisions of this Amendment,the parties agree:
SECTION 1:Section 3.1 of the Agreement,Compensation,is hereby amended
to read as follows:
Stump shall receive an initial base annual salary of Two Hundred Eight Thousand
Three Hundred Seventy Five and No/lOOth Dollars ($208,375.00)commencing on
the Employment Start Date,subject-to authorized or required deductions,prorated
and paid on City’s regular paydays.Commencing on and continuing from the pay
period including July 1,2013,Stump’s annual base salary shall be increased to
Two Hundred Thirty Four Thousand Nine Hundred Thirty Six and No/100
Dollars ($234.936.00),prorated and paid on City’s regular paydays.Commencing
on and continuing from the pay period including July 1,2014,Stump’s annual
base salary shall be increased to Two Hundred Forty Six Thousand Six Hundred
Eighty Two and No/100 Dollars ($246,688.00).prorated and paid on City’s
regular paydays.Stump shall be an exempt employee under applicable wage and
hour law and her base salary shall be compensation for all hours worked.City
agrees that the amount of Stump’s base annual salary shall not decrease,except as
part of a permanent decrease that is consistent with the Fair Labor Standards Act
and that is applicable to either all Council Appointed Officers or all City
Executive Staff (which includes all Council Appointed Officers).
SECTION 2.Except as herein modified,all other provisions of the Contract,
including any exhibits and subsequent amendments thereto,shall remain in full force and effect.
1
iN WITNESS WHEREOF,the parties have by their duly authorized
representatives executed this Amendment on the date first above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
cPtAL
Nancy Shepherd
Mayor
Dated:_________
MOLLY S.STUMP
Attachments:
Dated:t///1sj
Exhibit A:
Exhibit B:
EMPLOYMENT AGREEMENT between the City of Palo Alto and Molly S.
Stump
AMENDMENT NO.ONE TO EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF PALO ALTO AND MOLLY S.STUMP
7’—
2
)
AMENDMENT NO.ONE TO EMPLOYMENT AGREEMENT
BETWEEN TUE CITY OF PALO ALTO AND
MOLLY S.STUMP
This AMENDMENT NO.ONE to the EMPLOYMENT AGREEMENT
(“Agreement”)is entered into on March 2014,by and between the CITY OF PALO
ALTO,a California chartered municipal corporation (“City”),and MOLLY S.STUMP
(“Stump”),an individual,located at 250 Hamilton Avenue 8th Floor,Palo Alto,CA.
RECITALS:
WHEREAS,the original EMPLOYMENT AGREEMENT between the City of
Palo Alto and Molly S.Stump.,attached hereto and incorporated herein as Exhibit “A”was
entered into between the parties for the services of City Attorney on or about April 18,2011;and
WHEREAS,the parties wish to amend the Agreement;
NOW,THEREFORE,in consideration of the covenants,terms,conditions,and
provisions of this Amendment,the parties agree:
SECTION 1:Section 3.1 of the Agreement,Compensation,is hereby amended
to read as follows:
Stump shall receive an initial base annual salary of Two Hundred Eight Thousand
Three Hundred Seventy Five and No/lOOth Dollars ($208,375.00)commencing on
the Employment Start Date,subject to authorized or required deductions,prorated
and paid on City’s regular paydays.Commencing on and continuing from the pay
period including July 1,2013,Stump’s annual base salary shall be increased to
Two Hundred Thirty Four Thousand Nine Hundred Thirty Six and No/100
Dollars ($234.936.00),prorated and paid on City’s regular paydays.Stump shall
be an exempt employee under applicable wage and hour law and her base salary
shall be compensation for all hours worked.City agrees that the amount of
Stump’s base annual salary shall not decrease,except as part of a permanent
decrease that is consistent with the Fair Labor Standards Act and that is applicable
to either all Council Appointed Officers or all City Executive Staff (which
includes all Council Appointed Officers).
SECTION 2:Section 3.2.3 of the Agreement,Salary Adjustments,is hereby
amended to read as follows:
Stump ha1l receive the same general cost of living adjustment (“COLA”),if any,
provided to Management and Professional Personnel without the need to amend
this Agreement.In its sole discretion and where warranted,the City Council may
award labor market or internal adjustments to base salary.In connection with the
standard annual review,as provided above,the City Council shall annually
consider incentive pay based on performance,but the ultimate decision in this
))
regard is within the sole discretion of the City Council.
SECTION 3.Except as herein modified,all other provisions of the Contract,
including any exhibits and subsequent amendments thereto,shall remain in full force and effect.
iN WITNESS WHEREOF,the parties have by their
representatives executed this Amendment on the date first above written.
ATTEST:
Q7L4cL k%
__
City Clerk
duly authorized
Attachments:
Exhibit A:EMPLOYMENT AGREEMENT between the City of Palo Alto and Molly S.
Stump
CITY OF PALO ALTO
APPROVED AS TO FORM:
Deputy City Aftorney
Nany hepl&d
Mayor
Dated:
MOLLY S.STUMP%%/7
Dated:_________
2
))
EXHIBIT A
)
EMPLOYMENT AGREEMENT
THIS AGREEMENT is between the City of Palo Alto,a municipal corpoTation
and charteredcity (“City”)and Molly S.Stump (“Stump”).It is effective on the latest date next
tothe signatureson the last page.
This Agreement is entered into on the basis ofthefollowing facts,among others:
A.City,acting by and through its duly elected City Council,desires to employ
Stump as its City Attorney subject to the terms and conditions set forth in this Agreement,the
Palo Alto Municipal Code and in the Charter ofthe City ofPalo Alto (the “1Chartcr”).
B.The Charter provides,among other things,that the City Attorney shall be
appointedby,and serve at the pleasure ofthe City Council.
C.Stump desires to be employed by the City as its City Attorney,subject to the
terms and conditions set forth hi this Agreement,the Palo Alto Municipal Code,the Chrter,the
Palo Alto Merit System Rules and Regulations as they are applicable to Council-appointed
officers,and all other applicable laws,resolutions and policies.
1).City and Stump desire to establish specific terms and conditions relating to
compensationandbenefits,peifonuance evaluations,andrelated matters.
E;The City Attorney serves on an at-will basis,with no expectation of continued
employment.
F.Stump desires a predictable amount of severance pay should her employment
be terminatedwithor without cause.
BASED UPON THE FOREGOING,CITY AND STUMP AGREE AS
FOLLOWS:
1.Employment.City will appoint and employ Stump as City Attorney with the
City of Palo Alto and Stump will accept the appointment and employment for the City for an
indefinite term to begin on April 1$,2011 (“Employment Start Date”).In the event $tump does
not actually report for or commence work on April 1$,2011,the Employment Start Date will be
the date,ifany,as otherwise mutually agreed by the parties.
2.Duties of the City Attorney.Stump shall perform the duties established for the
City Attorney by the Charter,Pp Alto Municipal Code and direction ofthe City Council and as
otherwise provided by law,orçil)ance or regulation.Stump agrees to comply with all federal,
state and local laws,ordinances,rules and regulations applicable to or associated with these
duties.
2.1.Full Enerv and Skill.Stump shall devote her full energy;skill,
ability,and productivetime to the performance ofher dutiesunder this Agreement.
—1—
8261042
1LIA-0)1
))
2.2.No Conflict.Stump shall not engage in any employment,activity,
consulting service,or other enterprise,for compensation or otherwise,which is actually or
potentially in conflict with,inimical to,or which interferes with the performance of her duties
under this Agreement1 Stump acknowledges that she is subject to the various conflict of interest
requirements found in the California Government Code and state and local policies and
regulations.
2.3.Permission Reauired For Outside Activities.Stump shall not engage
in any employment,activity,consulting service,or other enterprise,for compensation or
otherwise,withoutthe express,writtenpermission oftheCity Couiicil.
3.Compensation.While performing the duties of City Attorney,Stump shall be
compensated asprovided in this Section 3.
3.1.Compensation.Stump shall receive an initial base annual salary of
Two HundredEight Thousand Three Hundred Seventy Five and No/lOOth Dollars ($208,375.00)
commencing on the Employment Start Date,subject to authorized or required deductions,
prorated and paid on City’s regular paydays.Stump shall be an exempt employee under
applicable wage and hour law and her base salary shall be compensation for all hours worked.
City agrees that the amount of Stump’s base annual salary shall not decrease,except as part 0 a
permanent decrease that is consistent With the Fair Labor Standards Act and that is applicable to
either all Council Appointed Officers or all City Executive Staff (which includes all Council
Appointed Officers),
3,2 Performance Reviews and SalaryAdjustments.
3.2.1.Initial Performance Reviews.The City Council will meet
with Stump within approximately 90 days of reporting to work to provide an initial performance
review.The 90-day reviewwill be followed by a mid-year review.
3.2.2.Standard Annual Reviews,Not less than once each year
commencing on or after the first anniversary of reporting to work,the City Council shall meet
with $tump.for the express purpose of evaluatingherperformance as City Attorney.
3.2.3.Salary Adiusttnent.Stump shall receive the same general
cost of living adjustment (“COLA”),if any,provided to Management and Professional Personnel
without the need to amend this Agreement.In its sole discretion wid where warranted,the City
Council may award labor market or internal adjustments to base salary.In connection with the
standard annual review,as provided above,the City Council shall annually consider incentive
pay based on performance,but the ultimate decision inthis regard is within the sole discretion of
the City Council.
4.Regular Benefits and Allowances.Except as otherwise provided in this
Agreement,Stump will be eligible for,and shall receive,all regular benefits (i.e.,health
insurance,PERS contribution paid by City,etc.)and vacation,sick leave,and management leave
as are generally provided to management employees pursuant to the City Council-approved
-2-
))I
)\
Compensation Plan for Management and Professional Personnel and Council Appointees,as it
currently exists andmay be changed fromtime to time.
5.Additional Benefit Terms and Allowances.In addition to the benefit terms
specified in section 4,the following additional benefit terms and allowances shall apply to
Stump:
5.1.Standard New-Tier Pension.Stump shall be enrolled in and shaft be
a member of the California Public Employees’Retirement System (“PER$”),with benefits as
provided under the City’s contract with PER$,including the 2%@60 miscellaneous formula
applicable to new employees.Employec contributions shall be paid as provided in the
Compensation Plan for Management and Profeasional Personnel and Council Appointees,as it
currently exists and may be changed from time totime.
5.2.401(a Defined Contribution Retirement fhai.The City shall pay
$1,250 per month to a 401(a)retirement plan account established for Stump.Stump may make
additional contributionsto the legal maximum.
5.3.457 Retirement Plan.Stump shall be eligible,at her discretion,to
make voluntary contributions to the City’s 457 plan,to the maximum extent allowed under the
plan documents or by law.
5.4.Standard Auto Allowance,and Parichig.Stump shall receive the
standard automobile allowance provided in the Compensation Plan for Management and
Professional Personnel and Council Appointees,as it currently exists and maybe changed from
time to time.Such allowance is currently $325.00 per month.The City will provide parking at
the Civic Center without charge to Stump.
5,5.Vacation Leave upon Start of Emplovrncu.In recognition of her
prior public service,Stump will be credited with vacation leave at arate of 180 hours annually,
prorated and credited according to City’s normal procedures.Effective at the start of Stump’s
second year of service and thereafter,Stump will be credited with vacation leave at the rate
-applicable to an employee with nineteen or more years of continuous service,currently arate of
200 hours per year,prorated and credited according to City’s normal procedures.On the
Employment Start Date,Stump will be credited with 80 hours of vacation leave,in addition to
the accruals noted inthis paragraph.
5.6.Sick Leave upon $tart of Employment.On the Employment Start
Date,Stump will be credited with 96 hours of sick leave,in addlition to the standard accruals
provided in the Compensation Plan for Management and Professional Personnel and Council
Appointees,as it currently exists and may be changed from time to time.
6.Additional Expenses of Employment.City shall pay or reimburse (at City’s
option)for the following usual and customary employment expenses:
6.1.The cost of any fidelity or other bonds required by lawfor Stump.
-3-
))
I)
250HamiltonAvenue
Palo Alto,CA95901
Phone:(650)329-2571
FAX:(650)328-3631
$TUMP:
Molly S.Stump
250 Hamilton Avenue
Palo Alto,CA94301
Phone:(650)329-2171
.fAX:(650)329-2646
9.2.Entire Agreement/Amendment.This Agreement constitutes the
entire understanding and agreement between the parties as to those matters contained in it,and
supersedes any.and all prior or contemporaneous agreements,representations and understandings
ofthe parties.This Agreement may be amended at any time by mutual agreement ofthe parties,
but any suchamendment mustbe inwriting,dated and signed bythe parties,and attachedhereto.
9.3.Applicable Law and Venue,This Agreement shall be interpreted
according to the laws of the State of California.Venue of any action regarding this Agreement
shall be in theproper court in $anta ClaraCounty.
9.4.Severability.In the event any portion of this Agreement is declared
void,such portion shall be severed from this Agreement and the remaining provisions shall
remain in effect unless the result of such severance would be to substantially’alter this
Agreement or the obligations ofthe parties,in which case this Agreement shall be immediately
tenninated.
9.5.Waiver.My failure of a party to insist upon strict compliance with
anyterm,undertaking,or condition of this Agreement shall not be deemed to be a waiver ofsuch
term,undertaking,or condition.To be effective,a waiver must be in writing,signed and dated
by the parties.
9.6.Representation by Counsel.Stump 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 the subject ofthis Agreement priorto executing it.
9.7.Section Headings.The headings on each of the sections and
subsections of this Agreement are for the convenience of the parties only and do not limit or
expand the contents ofany such section or subsection.
Dated:‘fig ?Oft CITYOF PALO ALTO
Mayor
-5-
)))
I
))
-Datc&______
Mu
4C1erk%
Approved as to form:
-7-
AMEND1VWNT NO.FOUR 44WEE-TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND
HARRIET RICHARDSON
This AMENDMENT NO.FOUR 444REE-to the EMPLOYMENT AGREEMENT
(“Agreement”)is entered into on I)ecemher 17 November ,20172018,by and between the
CITY Of PALO ALTO,a California chartered municipal corporation (“City”),and HARRIET
RICHARDSON (“Richardson”),an individual,located at 250 Hamilton Avenue,8’Floor,Palo
Alto,CA.
RECITALS:
WHEREAS,the original EMPLOYMENT AGREEMENT between the City of
Palo Alto and HalTiet Richardson,attached hereto and incorporated herein as Exhibit “A”was
entered into between the parties for the services of City Auditor on or about April 4,2014;and
WHEREAS,AMENDMENT NO.ONE to the Agreement,attached hereto and
incorporated herein as Exhibit “B”was entered into between the parties on or aboitt February 1,
2016;and
WHEREAS,AMENDMENT NO.TWO to the Agreement,attached hereto and
incorporated herein as Exhibit “C”was entered into between the parties on or about December
12,2016;and
WHEREAS,AMENDMENT NO.THREE to the Agreement,attached hereto and
incorporated herein as Exhibit ‘D”was entered into betwciijje parties on or about November 6,
2017:and
WHEREAS,the parties wish to amend the Agreement.
NOW,THEREFORE,in consideration of the covenants,terms,conditions,and
provisions of this Amendment,the parties agree:
SECTION 1:Section 3.1 of the Agreement,Compensation,is hereby amended to
read as follows:
Commencing on and continuing from the pay period including July 1,20172018,
Richardson’s annual base salary shall be increased to One Hundred Ninety Five Eighty
Seven Thousand Forty Two Five Hundred Thirty Three and No/l00 Dollars
($195.t)42187.533.0O),prorated and paid on City’s regular paydays.This amount is
subject to authorized or required deductions and withholding,prorated and paid on City’s
regular paydays.Richardson is an exempt employee under applicable wage and hour law
and her base salary shall be compensation for all hours worked.The City agrees that the
amount of Richardson’s base annual salary will not decrease,except as part of a
permanent decrease that is consistent with the Fair Labor Standards Act and that is
applicable to either all Council Appointed Officers or all City Executive Staff (including
1
Council Appointed Officers).
I
/I
SECTION 2.Except as herein modified,all other provisions of the Contract,
including any exhibits and subsequent amendments thereto,shall remain in full force and effect.
I
representatives executed this Amendment on the date fist above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Mayor
Dated:
HARRIET RICHARDSON
Attachments:
EXHIBIT A:EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND HARRIET RICHARDSON
EXHIBIT B:AMENDMENT NO.ONE TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND HARRIET RICHARDSON
EXHIBIT C:AMENDMENT NO.TWO TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND HARRIET RICHARDSON
EXHIBIT D AMENDMENT NO ThREE 10 FMPLC)YMEN’I AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND.HARRIET RiCHARDSON
IN WITNESS WHEREOF,the parties have by their duly authorized
City Attorney
Dated:
2
DocuSign Envelope ID:9F91 E51A-8A96-4823-B5AE-D4DCB5AA43DD
AMENDMENT NO.THREE TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND
HARRIET RICHARDSON
This AMENDMENT NO.THREE to the EMPLOYMENT AGREEMENT
(“Agreement”)is entered into on November 6,2017,by and between the CITY OF PALO
ALTO,a California chartered municipal corporation (“City”),and HARRIET RICHARDSON
(“Richardson”),an individual,located at 250 Hamilton Avenue,8th Floor,Palo Alto,CA.
RECITALS:
WHER1AS,the original EMPLOYMENT AGREEMENT between the City of
Palo Alto and Harriet Richardson,attached hereto and incorporated herein as Exhibit “A”was
entered into between the parties for the services of City Auditor on or about April 4,2014;and
WHEREAS,AMENDMENT NO.ONE to the Agreement,attached hereto and
incorporated herein as Exhibit “3”was entered into between the parties on or about February 1,
2016;and
WHEREAS,AMENDMENT NO.TWO to the Agreement,attached hereto and
incorporated herein as Exhibit “C”was entered into between the parties on or about December
12,2016;and
WHEREAS,the parties wish to amend the Agreement.
NOW,THEREFORE,in consideration of the covenants,terms,conditions,and
provisions of this Amendment,the parties agree:
SECTION 1:Section 3.1 of the Agreement,Compensation,is hereby amended to
read as follows:
Commencing on and continuing from the pay period including July 1,2017,Richardson’s
annual base salary shall be increased to One Hundred Eighty Seven Thousand Five
Hundred Thirty Three and No/lOU Dollars ($187,533.00),prorated and paid on City’s
regular paydays.This amount is subject to authorized or required deductions and
withholding,prorated and paid on City’s regular paydays.Richardson is an exempt
employee under applicable wage and hour law and her base salary shall be compensation
for all hours worked.The City agrees that the amount of Richardson’s base annual saLary
will not decrease,except as part of a permanent decrease that is consistent with the Fair
Labor Standards Act and that is applicable to either all Council Appointed Officers or all
City Executive Staff (including Council Appointed Officers).
Il
/I
1
DocuSign Envelope ID:9F91 E51A-8A96-4823-B5AE-D4DCB5AA43DD
SECTION 2.Except as herein modified,all other provisions of the Contract,
including any exhibits and subsequent amendments thereto,shall remain in full force and effect.
Attachments:
HARRIET RICHARDSON
DocuSigned by:
CEF23E22559442C..
Dated:11/30/2017
EXHIBIT A:
EXHIBIT B:
EXHIBIT C:
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND HARRIET RICHARDSON
AMENDMENT NO.ONE TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND HARRIET RICHARDSON
AMENDMENT NO.TWO TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND HARRIET RICHARDSON
N WITNESS WHEREOF,the parties have by their duly authorized
representatives executed this Amendment on the date first above written.
ATTEST:CITY OF PALO ALTO
1—DocuSigned by:1—DocuSigned by:
j
11/30/2017
t12dA8O4D7...
APPROVED AS TO FORM:
DocuSigned by:t(L4 11/28/2017
1V]el.3LQB37o5Fo9o34EA...
Dated:11/30/2017
2
DocuSign Envelope ID:A4C9C37E-50D4-4DE3-AF75-C801 COE6DF63
AMENDMENT NO.TWO TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND
HARRIET RICHARDSON
This AMENDMENT NO.TWO to the EMPLOYMENT AGREEMENT
(“Agreement”)is entered into on 12/12/2016 ,by and between the CITY Of PALO ALTO,a
California chartered municipal corporation (“City”),and HARRIET RICHARDSON
(“Richardson”),an individual,located at 250 Hamilton Avenue,8th Floor,Palo Alto,CA.
RECITALS:
WHEREAS,the oriinal EMPLOYMENT AGREEMENT between the City of
Palo Alto and Harriet Richardson,attached hereto and incorporated herein as Exhibit “A”was
entered into between the parties for the services of City Auditor on or about April 4,2014;and
WHEREAS,AMENDMENT NO.ONE to the Agreement,attached hereto and
incorporated herein as Exhibit “B”was entered into between the parties on or about 02/01/2016;
and
WHEREAS,the parties wish to amend the Agreement.
NOW,THEREFORE,in consideration of the covenants,terms,conditions,and
provisions of this Amendment,the parties agree:
SECTION 1:Section 3.1 of the Agreement,Compensation,is hereby amended to
read as follows:
Commencing on and continuing from the pay period including July 1,2016,Richardson’s
annual base salary shall be increased to One Hundred Eighty Thousand Three Hundred
Fifteen and 20/100 Dollars ($180,315.20),prorated and paid on City’s regular paydays.
This amount is subject to authorized or required deductions and withholding,prorated
and paid on City’s regular paydays.Richardson is an exempt employee under applicable
wage and hour law and her base salary shall be compensation for all hours worked.The
City agrees that the amount of Richardson’s base annual salary will not decrease,except
as part of a permanent decrease that is consistent with the Fair Labor Standards Act and
that is applicable to either all Council Appointed Officers or all City Executive Staff
(including Council Appointed Officers).
II
!!
/1
/7
1
DocuSign Envelope ID:A4C9C37E-50D4-4DE3-AF75-C801COE6DF63
SECTION 2.Except as herein modified,all other provisions of the Contract,
including any exhibits and subsequent amendments thereto,shall remain in full force and effect.
IN WITNESS WHEREOF,the parties have by their duly authorized
representatives executed this Amendment on the date first above written.
ATTEST:CITY Of PALO ALTO
DocuSigned by:DocuSigned by:
City Clerk 45F95502DB71492..IVlayor
Dated:6/7/2017
APPROVED AS TO FORM:
Docugnedb HARRIET RICHARDSON
City Attore9473B6535749 __DocuSined by:
CEF23E22559442C...
Dated:5/31/2017
Attachments:
EXHIBIT A:EMPLOYMENT AGREEMENT BETWEEN THE CITY Of PALO ALTO
AND HARRIET RICHARDSON
EXHIBIT B:AMENDMENT NO.ONE TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND HARRIET RICHARDSON
2
DocuSign Envelope ID:527ACF19-9F84-48D3-81 92-46FFBF1 907DF
AMENDMENT NO.ONE TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND
HARRIET RICHARDSON
This AMENDMENT NO.ONE to the EMPLOYMENT AGREEMENT
(“Agreement”)is entered into on February 1,2016,by and between the CITY OF PALO
ALTO,a California chartered municipal corporation (“City”),and HARRIET
RICHARDSON (“Richardson”),an individual,located at 250 Hamilton Avenue,8th Floor,Palo
Alto,CA.
RECITALS:
WHEREAS,the original EMPLOYMENT AGREEMENT between the City of
Palo Alto and HalTiet Richardson,attached hereto and incorporated herein as Exhibit “A”was
entered into between the parties for the services of City Auditor on or about April 4,2014;and
WHEREAS,the parties wish to amend the Agreement.
NOW,THEREFORE,in consideration of the covenants,terms,conditions,and
provisions of this Amendment,the parties agree:
SECTION 1:Section 3.1 of the Agreement,Compensation,is hereby amended to
read as follows:
Commencing on and continuing from the pay period including July 1,2015,Richardson’s
annual base salary shall be increased to One Hundred Seventy Three Thousand Three
Hundred Sixty Eight and No/i 00 Dollars ($173,368.00),prorated and paid on City’s
regular paydays.This amount is subject to authorized or required deductions and
withholding,prorated and paid on City’s regular paydays.Richardson is an exempt
employee under applicable wage and hour law and her base salary shall be compensation
for all hours worked.The City agrees that the amount of Richardson’s base annual salary
will not decrease,except as part of a permanent decrease that is consistent with the Fair
Labor Standards Act and that is applicable to either all Council Appointed Officers or all
City Executive Staff (including Council Appointed Officers).
/1
1/
/1
//
II
1
DocuSign Envelope ID:527ACF19-9F84-48D3-81 92-46FFBF1 907DF
SECTION 2.Except as herein modified,all other provisions of the Contract,
including any exhibits and subsequent amendments thereto,shall remain in full force and effect.
N WITNESS WHEREOF,the parties have by their duly authorized
representatives executed this Amendment on the date first above written.
ATTEST:
—DocuSigned by:
Iiüuor
4gg2P’
City Clerk
CITY OF PALO ALTO
Dated:3/2/2016
APPROVED AS TO FORM:
,.—DocuSigned by:LIA473R5374A9
City Attorney
DocuSigned by:
OB8A2FFEE5FA4PatrickBurt
3/2/2016Dated:_________
HARRIET RICHARDSON
DocuSigned by:
2
DocuSign Envelope ID:527ACF1 9-9F84-48D3-81 92-46FFBFI9O7DF
Exhibit A
EMPLOYMENT AGREEMENT
BETWEEN CITY OF PALO ALTO
AND
HARRIET RICHARDSON
THIS AGREEMENT is between the City of Palo Alto,a municipal corporation
and chartered city (“City”)and Harriet Richardson (“Richardson”).It is effective on the latest
date next to the signatures on the last page.
This Agreement is entered into on the basis of the following facts:
A.City,acting by and through its City Council,wishes to employ Richardson
as its City Auditor,subject to the terms and conditions set forth in this Agreement,the Palo Alto
Municipal Code and the Charter of the City of Palo Alto (the “Charter”).
B.Under the Charter,the City Auditor is appointed by and serves at the
pleasure of the City Council.Notwithstanding any provision of the City of Palo Alto Merit
System Rules and Regulations,the City Auditor serves on an at-will basis,with no expectation
of continued employment,and with no right to pre-or post-separation due process or appeal.
C.Richardson desires to be employed by the City as its City Auditor,subject
to the terms and conditions in this Agreement,the Palo Alto Municipal Code,the Charter,the
Palo Alto Merit System Rules and Regulations as they are applicable to Council-appointed
officers,and all other applicable laws,resolutions,and policies.
D.The City and Richardson wish to establish specific terms and conditions
relating to compensation and benefits,performance evaluations,and related matters.
BASED IJPON THE FOREGOING,THE CITY AND RICHARDSON AGREE
AS FOLLOWS:
1.Employment.The City appoints Richardson as its City Auditor for an
indefinite term to begin on i5 ,2014.If Richardson does not actually report for or start
work on ),2014,the employment start date will be the date,if any,that is mutually
agreed by the parties.
2.Duties of the City Auditor.Richardson will perform the duties established
for the City Auditor by the Charter,the Palo Alto Municipal Code,direction given by the City
Council,and as otherwise provided by law,ordinance,or regulation.Richardson agrees to
comply with all federal,state and local laws,ordinances,rules and regulations applicable to or
associated with these duties.
2.1.Full Energy and Skill.Richardson will devote her full energy,
skill,ability,and productive time to the performance of her duties.
1
111108 sh8261759
DocuSign Envelope ID:527ACF1 9-9F84-48D3-81 92-46FFBFI 907DF
y
2.2.No Conflict.Richardson will not engage in any employment,
activity,consulting service,or other enterprise,for compensation or otherwise,which is actually
or potentially in conflict with or which interferes with the performance of her duties.Richardson
acknowledges that she is subject to the various conflict of interest requirements found in the
California Government Code and state and local policies and regulations.
2.3 Permission Required For Outside Activities.Richardson will not
engage in any employment,activity,consulting service,or other enterprise,for compensation or
not,without written permission of the City Council.
3.Compensation.While performing the duties of City Auditor,Richardson
will be compensated as provided in this Section 3.
3.1.Compensation.Richardson will receive an initial gross base
annual salary of One Hundred Sixty Seven Thousand Five Hundred Dollars ($167,500.00),
beginning on the Employment Start Date.This amount is subject to authorized or required
deductions and withholding,prorated and paid on City’s regular paydays.Richardson is an
exempt employee under applicable wage and hour law and her base salary shall be compensation
for all hours worked.The City agrees that the amount of Richardson’s base annual salary will
not decrease,except as part of a permanent decrease that is consistent with the Fair Labor
Standards Act and that is applicable to either all Council Appointed Officers or all City
Executive Staff (including Council Appointed Officers).
3.2.Salary Adjustments.Not less than once each year,the City
Council will meet with Richardson for the purpose of evaluating her performance.The City
Council will act in good faith in determining whether to increase the salary of Richardson,but
the ultimate decision in this regard is within the sole discretion of the City Council.
4.Benefits and Allowances.Richardson will be eligible for,and shall
receive,all regular benefits (i.e.,health insurance,PERS contributions to the extent paid by the
City,etc.)and vacation,sick leave,and management leave,as are generally provided to
management employees under the City Council-approved Compensation Plan for Management
and Professional Personnel and Council Appointees,as it currently exists and may be changed
from time to time.
5.Additional Benefits and Allowances.In addition to the benefits specified
in section 4,Richardson will receive the following additional benefits and allowances:
5.1.Parking.The City will provide parking at the Civic Center at no
cost to Richardson.
5.2.Deferred Compensation.The City will pay a total of Five Hundred
Dollars ($500.00)per month into an Internal Revenue Code section 457 deferred compensation
plan or an Internal Revenue Code section 401(a)defined contribution plan established for
Richardson.Richardson will specify how the payment is to be divided between the two plans.
The City shall take all actions necessary to establish the section 401(a)plan with ICMA
2
111116sh8261759
DocuSign Envelope ID:527ACF1 9-9F84-48D3-8192-46FFBFI 907DF
))
Retirement Corporation,or other mutually acceptable trustee,for the benefit of Richardson,
including any administrative or setup fees.
5.3.Vacation Accrual.Notwithstanding the Management and
Professional Personnel and Council Appointees Compensation Plan and based on service with
prior public agency employers,Richardson’s vacation accrual rate will be calculated at the rate
of one hundred and sixty (160)hours annually,prorated and credited each pay period.The
maximum vacation leave balance allowed for Richardson is four hundred and eighty (480)
hours.V
5.5.Sick Leave Accrual.Richardson will accrue sick leave at a rate of
3.7 hours per bi-weekly pay period based on a forty-hour per designated workweek schedule.
Richardson may,if necessary,use up to forty-eight hours of sick leave at any time during the
first six months of employment.Use of sick leave shall be subject to the policies and procedures
set forth in the Merit System Rules and Regulations.
5.6.Relocation and Temporary Housing Expenses.The City will
provide Richardson with a total amount not to exceed five thousand dollars ($5,000)for
relocation and temporary housing expenses,paid on a reimbursement basis for actual costs
incurred.The City shall reimburse Richardson for relocation expenses actually incurred as
described in Section B (“Basic Package”)and C (“Optional Package”)of the City’s Relocation
Expense Policy (Policy &Procedure 2-08).
6.Additional Expenses of Employment.The City shall pay the cost of any
fidelity or other bonds required by law for the City Auditor.
7.Duration of Employment.Richardson understands and agrees that she has
no constitutionally protected property or other interest in her employment as City Auditor.
Richardson waives any and all rights,if any,under the Merit System Rules and Regulations,
including without limitation,the right to pre-or post-disciplinary due process.Richardson
understands and agrees that she works at the will and pleasure of the City Council and that she
may be terminated or asked to resign at any time,with or without cause.Richardson may
terminate this agreement (terminating all employment)upon 30 days written notice to the City
Council.
7.1.Severance Pay.If Richardson is asked to resign or is terminated as
City Auditor she shall receive a cash severance payment or payments (without interest)at
intervals specified by Richardson,equaling three (3)months salary and benefits at the date of
termination.The monthly non-salary benefits shall be those specified in sections 4 and 5.All
normal withholdings as required by law shall be made with respect to any amounts paid under
this section.
7.2 Non-Payment of Severance Under Certain Conditions.If the City
terminates Richardson for conduct that would otherwise constitute a felony,regardless of
whether Richardson is actually convicted on a felony charge,the City shall not owe and
Richardson shall not receive any severance pay.
3
111116 sh 8261759
DocuSign Envelope ID:527ACF1 9-9F84-48D3-81 92-46FFBFI 907DF
)
8.Miscellaneous.
8.1.Notices.Notices given under this Agreement 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
three (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:Attn:Mayor
City of Palo Alto
250 Hamilton Avenue
Palo Alto,CA 94301
Phone:(650)329-2226
Fax:(650)328-3631
RICHARDSON:Harriet Richardson
250 Hamilton Avenue
Palo Alto,CA 94301
8.2.Entire Agreement/Amendment.This Agreement constitutes the
entire understanding and agreement between the parties as to those matters contained in it,and
supersedes any and all prior or contemporaneous agreements,representations and understandings
of the parties.This Agreement may be amended at any time 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.Applicable Law and Venue.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 of this Agreement is
declared void,such portion shall be severed from this Agreement and the remaining provisions
shall remain in effect,unless the result of such severance would be to substantially alter this
Agreement or the obligations of the parties,in which case this Agreement shall be immediately
terminated.
8.5.Waiver.Any failure of a party to insist upon strict compliance
with any term,undertaking,or condition of this Agreement shall not be deemed to be a waiver of
such term,undertaking,or condition.To be effective,a waiver must be in writing,signed and
dated by the parties.
8.6.Representation by Counsel.Richardson and the 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 the subject of this Agreement prior to executing it.
4
111116 sh 8261759
DocuSign Envelope ID:527ACF19-9F84-48D3-8192-46FFBFI9O7DF
8.7.Section Headings.The headings on each of the sections and
subsections of this Agreement are for the convenience of the parties only and do not limit or
expand the contents of any such section or subsection.
Dated:
___________
CITY OF PALO ALTO
y /fNancy Shepherd,Mayor
Dated:___________RICHARDSON
Harriet Richardson
AT ST:
City Clerk
APPROVED AS TO FORM:
By:___
City Atto y
5
111116 sh 8261759
DOCUEP
—SECURED
Certificate Of Completion
Envelope Id:527ACF199F8448D381 9246FFBF1 907DF Status:Completed
Subject:Please DocuSign:Harriet Richardson Contract Amendment 2-2016.pdf
Source Envelope:
Document Pages:7 Signatures:4 Envelope Originator:
Certificate Pages:2 Initials:0 Elizabeth Egli
AutoNav:Enabled 250 Hamilton Ave
Envelopeld Stamping:Enabled Palo Alto ,CA 94301
Time Zone:(UTC-08:00)Pacific Time (US &Canada)elizabeth.egli@cityofpaloalto.org
lP Address:199.33.32.254
Record Tracking
Status:Origipal Holder:Elizabeth Egli Location:DocuSign
2/1 0/2016 11:11:03 AM elizabeth.eglicityofpaloalto.org
Signer Events Signature Timestamp
Molly Stump 0gry Sent:2/10/2016 11:14:57AM
Molly.Stump@cityotpaIoalto.org UAM7 Viewed:3/2/2016 3:28:26 PM
City Attorney 39A473B653574A9.Signed:3/2/2016 3:41:03 PM
City of Palo Alto Using lPAddress:199.33.32.254SecurityLevel:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered
ID:
Harriet Richardson (_DocuSI9nd by:Sent:3/2/2016 3:41:04 PM
Harriet.RichardsoncityofpaIoalto.org Viewed:3/2/2016 3:47:27 PM
City Auditor CEF23E22559442c..Signed:3/2/2016 3:48:28 PM
City of Palo Alto Using IP Address:199.33.32.254SecurityLevel:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered
ID:
Patrick Burt Sent:3/2/2016 3:48:30 PM
patrick.burtcityofpaIoaIto.org
,7L
Viewed:3/2/2016 7:50:06 PM
Mayor OB8A2FFEy5FA473
.Signed:3/2/2016 7:51 :26 PM
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Beth Minor rocuS9ney Sent:3/2/2016 7:51 :27 PM
beth.minor@cityofpaloalto.org Viewed:3/2/2016 8:23:31 PM
City Clerk 45F95502DB71492...Signed:3/2/2016 8:23:53 PM
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In Person Signer Events Signature Timestamp
AMENDMENT NO.FOURTHREE TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND
BETH MINOR
This AMENDMENT NO.FOUR T11REE to the EMPLOYMENT AGREEMENT
(“Agreement”)is entered into on December 17 November 6,O4-20l8,by and between the
CITY OF PALO ALTO,a California chartered municipal corporation (“City”),and BETH
MINOR (“Minor”),an individual,located at 250 Hamilton Avenue 8h Floor,Palo Alto,CA.
RECITALS:
WHEREAS,the original ETviPLOYMENT AGREEMENT between the City of
Palo Alto and Beth Minor,attached hereto and iiicorporated herein as Exhibit “A”was entered
into between the parties for the services of City Clerk on or about June 9,2015;and
WHEREAS,AMENDMENT NO.ONE to the Agreement,attached hereto and
incorporated herein as Exhibit “B”was entered into between the parties on or about February 1,
2016;and
WHEREAS,AMENDMENT NO.TWO to the Agreement,attached hereto and
incorporated herein as Exhibit “C”was entered into between the parties on or about December
12,2016;and
WHEREAS,AMENDMENT NO.THREE to the Agreement,attached hereto and
incorporated herein as Fxhihit “D”was enteted into between the parties on or about November 6,
2017:and
WHEREAS,the parties wish to amend the Agreement.
NOW,THEREFORE,in consideration of the covenants,terms,conditions,and
provisions of this Amendment,the parties agree:
SECTION 1:Section 3 of the Agreement,Salary,is hereby amended to read as
follows:
Commencing on and continuing from the pay period including July 1,2ffl-2018,
Minor’s annual base salary shall be increased to One Hundred Fifly Two Forty
Six Thousand Eight Six Hundred Ninety Three Six and No/100 Dollars
($152,693 116,806.00),prorated and paid on City’s regular paydays.This amount
is subject to authorized or required deductions and withholding,prorated and paid
on City’s regular paydays.Minor is an exempt employee tinder applicable wage
and hour law and her base salary shall be compensation for all hours worked.The
City agrees that the amount of Minor’s base annual salary will not decrease,
except as part of the permanent decrease that is consistent with the Fair Labor
Standards Act.
/7
II
SECTION 2.Except as herein modified,all other provisions of the Contract,
including any exhibits and subsequent amendments thereto,shall remain in full force and effect.
TN WITNESS WHEREOF,the parties have by their
representatives executed this Amendment on the date first above written.
ATTEST:CITY Of PALO ALTO
duly authorized
City Attorney
Attachments:
Mayor
Dated:_________
BETH MINOR
Dated:
EXHIBIT A:EMPLOYMENT AGREEMENT BETWEEN THE CITY Of PALO ALTO
AND BETH MINOR
EXHIBIT B:AMENDMENT NO.ONE TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND BETH MINOR
EXHIBIT C:AMENDMENT NO.TWO TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND BETH MINOR
EXHiBIT D:AMENDMENT NO.THREE TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY Of PALO ALTO AND BETH MINOR
Assistant City Clerk
APPROVED AS TO FORM:
2
DocuSign Envelope ID:2E3B7FDF-DAE9-4B4C-90D2-EC75FCO1 2087
AMENDMENT NO.THREE TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND
BETH MINOR
This AMENDMENT NO.THREE to the EMPLOYMENT AGREEMENT
(“Agreement”)is entered into on November 6,2017,by and between the CITY OF PALO ALTO,
a California chartered municipal corporation (“City”),and BETH MINOR (“Minor”),an
individual,located at 250 Hamilton Avenue 8th Floor,Palo Alto,CA.
RECITALS:
WHEREAS,the original EMPLOYMENT AGREEMENT between the City of
Palo Alto and Beth Minor,attached hereto and incorporated herein as Exhibit “A”was entered
into between the parties for the services of City Clerk on or about June 9,2015;and
WHEREAS,AMENDMENT NO.ONE to the Agreement,attached hereto and
incorporated herein as Exhibit “B”was entered into between the parties on or about February 1,
2016;and
WHEREAS,AMENDMENT NO.TWO to the Agreement,attached hereto and
incorporated herein as Exhibit “C”was entered into between the parties on or about December 12,
2016;and
WHEREAS,the parties wish to amend the Agreement.
NOW,THEREFORE,in consideration of the covenants,terms,conditions,and
provisions of this Amendment,the parties agree:
SECTION 1:Section 3 of the Agreement,Salary,is hereby amended to read as
follows:
Commencing on and continuing from the pay period including July 1,2017,
Minor’s annual base salary shall be increased to One Hundred Forty Six Thousand
Eight Hundred Six and No/100 Dollars ($146,206.00),prorated and paid on City’s
regular paydays.This amount is subject to authorized or required deductions and
withholding,prorated and paid on City’s regular paydays.Minor is an exempt
employee under applicable wage and hour law and her base salary shall be
compensation for all hours worked.The City agrees that the amount of Minor’s
base annual salary will not decrease,except as part of the permanent decrease that
is consistent with the Fair Labor Standards Act.
I
/I
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DocuSign Envelope ID:2E3B7FDF-DAE9-4B4C-90D2-EC75FCO1 2087
including any
SECTION 2.Except as herein modified,all other provisions of the Contract,
exhibits and subsequent amendments thereto,shall remain in full force and effect.
IN WITNESS WHEREOF,the parties have by their duly authorized representatives
CITY OF PALO ALTO
DocuSigned by:
IVlayor t’—EDFFFE3FE1O24BA...
Attachments:
Dated:12/5/2017
EXHIBIT A:
EXHIBIT B:
EXHIBIT C:
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF
AND BETH MINOR
AMENDMENT NO.ONE TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND BETH MINOR
AMENDMENT NO.TWO TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND BETH MINOR
PALO ALTO
executed this Amendment on the date first above written.
ATTEST:
DocuSigned by:
12/7/2017
AisM2€yClerk
APPROVED AS TO FORM:
DocuSigned by:U9tr tfttA 12/5/2017
Dated:12/6/2017
BETH MINOR
(—DocuSigned by:
‘—275231 17DA804D7...
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AMENDMENT NO.TWO TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND
BETH MINOR
This AMENDMENT NO.TWO to the EMPLOYMENT AGREEMENT
(“Agreement”)is entered into on December 12,2016 by and between the CITY OF PALO
ALTO,a California chartered municipal corporation (“City”),and BETH MINOR (“Minor”),an
individual,located at 250 Hamilton Avenue gth Floor,Palo Alto,CA.
REITALS:
WHEREAS,the original EMPLOYMENT AGREEMENT between the City of
Palo Alto and Beth Minor,attached hereto and incorporated herein as Exhibit “A”was entered
into between the parties for the services of City Clerk on or about June 9,2015;and
WHEREAS,AMENDMENT NO.ONE to the Agreement,attached hereto and
incorporated herein as Exhibit “B”was entered into between the parties on or about February 1,
2016;and
WHEREAS,the parties wish to amend the Agreement.
NOW,THEREFORE,in consideration of the covenants,terms,conditions,and
provisions of this Amendment,the parties agree:
SECTION 1:Section 3 of the Agreement,Salary,is hereby amended to read as
follows:
Commencing on and continuing from the pay period including July 1,2016,
Minor’s annual base salary shall be increased to One Hundred Forty One
Thousand One Hundred Forty Eight and 80/100 Dollars ($141,148.80),prorated
and paid on City’s regular paydays.This amount is subject to authorized or
required deductions and withholding,prorated and paid on City’s regular paydays.
Minor is an exempt employee under applicable wage and hour law and her base
salary shall be compensation for all hours worked.The City agrees that the
amount of Minor’s base annual salary will not decrease,except as part of the
permanent decrease that is consistent with the Fair Labor Standards Act.
1/
/
1/
II
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SECTION 2.Except as herein modified,all other provisions of the Contract,
including any exhibits and subsequent amendments thereto,shall remain in full force and effect.
IN WITNESS WHEREOF,the parties have by their
representatives executed this Amendment on the date first above written.
ATTEST:CITY OF PALO ALTO
duly authorized
Assistant ftyiFk6F8465...
DocuSigned by:
J\’Iayor “—EDFFFE3FE1O24BA..
APPROVED AS TO FORM:
,—DocuSigned by:
tU1Stup
City Attorey9A473B653574PS9
Dated:5/24/2017
BETH MNOR
1—DocuSigned by:
‘—45F955O2DB71492...
Dated:5/17/2017
Attachments:
EXHIBIT A:
EXHIBIT B:
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF
AND BETH MINOR
AMENDMENT NO.ONE TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND BETH MINOR
PALO ALTO
1.—DocuSigned by:
2
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AMENDMENT NO.ONE TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND
BETH MINOR
This AMENDMENT NO.ONE to the EMPLOYMENT AGREEMENT
(“Agreement”)is entered into on February 1,2016,by and between the CITY OF PALO ALTO,
a California chartered municipal corporation (“City”),and BETH MINOR (“Minor”),an
individual,located at 250 Hamilton Avenue 8th Floor,Palo Alto,CA.
RECITALS:
WHEREAS,the original EMPLOYMENT AàREEMENT between the City of
Palo Alto and Beth Minor,attached hereto and incorporated herein as Exhibit “A”was entered
into between the parties for the services of City Clerk on or about June 9,2015;and
WHEREAS,the parties wish to amend the Agreement.
NOW,THEREFORE,in consideration of the covenants,terms,conditions,and
provisions of this Amendment,the parties agree:
SECTION 1:Section 3 of the Agreement,Salary,is hereby amended to read as
follows:
Commencing on and continuing from the pay period including July 1,2015,
Minor’s annual base salary shall be increased to One Hundred Thirty Six
Thousand Three Hundred Sixty Four and No/lOO Dollars ($136,364.00),
prorated and paid on City’s regular paydays.This amount is subject to
authorized or required deductions and withholding,prorated and paid on City’s
regular paydays.Minor is an exempt employee under applicable wage and hour
law and her base salary shall be compensation for all hours worked.The City
agrees that the amount of Minor’s base annual salary will not decrease,except as
part of the permanent decrease that is consistent with the Fair Labor Standards
Act.
//
I
/I
//
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DocuSign Envelope ID:AE881 53D-54C7-4842-BDO7-AC686051 61AE
SECTION 2.Except as herein modified,all other provisions of the Contract,
including any exhibits and subsequent amendments thereto,shall remain in full force and effect.
,—DocuSigneU by:
Lftt Sfiup
39A473B653574A9...
City Attorney
3/7/2016Dated:
ll’.T WITNESS WHEREOF,the parties have by their duly authorized
representatives executed this Amendment on the date first above written.
ATTEST:
,—DocuSigned by:
1CE2FC2276F8465..
Assistant City Clerk
CITY OF PALO ALTO
DocuSigned by:
OB8A2FFEE5FA473.-.
Patrick Burt
APPROVED AS TO FORM:
3/16/2016Dated:
BETH MINOR
,—DocuSigned by:
L&
45F95502DB7 1492...
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Exhibit A
EMPLOYMENT AGREEMENT
BETWEEN CITY OF PALO ALTO
AND
BETH MINOR
THIS AGREEMENT is between the City of Palo Alto,a municipal corporation and chartered city
(“City”)and Beth Minor (“Minor”).It is effective on the latest date next to the signatures on the last
page.
This Agreement is entered into on the bais of the following facts:
A.City,acting by and through its City Council,wishes to employ Minor as its City Clerk,subject to the
terms and conditions set forth in this Agreement,the Palo Alto Municipal Code and the Charter of
the City of Palo Alto (the “Charter”).
B.Under the Charter,the City Clerk is appointed by the City Council.Notwithstanding any provision of
the City of Palo Alto Merit System Rules and Regulations,the City Clerk serves on.an at-will basis,
with no expectation of continued employment,and with no right to pre-or post-separation due
process or appeal.
C.Minor desires to be employed by the City as its City Clerk,subject to the terms and conditions in this
Agreement,the Palo Alto Municipal Code,the Charter,the Palo Alto Merit System Rules and
Regulations,and all other applicable laws,resolutions,and policies.
D.The City and Minor wish to establish specific terms and conditions relating to compensation and
benefits and related matters.
BASED UPON THE FOREGOING,THE CITYAND MINOR AGREE AS FOLLOWS:
1.Employment.The City appoints Minor as its City Clerk for an indefinite term to begin on May 5,
2015.If Minor does not actually report for or start work on May 5,2015,the emplàyment start date
will be the date,if any,that is mutually agreed by’the parties.Except as otherwise provided herein,
Minor’s employment with the City shall be governed by the City Council-adopted Compensation
Plan for Management and Professional Personnel and Council Appointees,as it currently exists and
may be changed from time to time.
2.Duties of the City Clerk.Minor will perform the duties established for the City Clerk by the Palo Alto
City Charter,by the Palo Alto Municipal Code,by direction given by the City Council,and as
otherwise provided by law,ordinance,or regulation.Minor agrees to comply with all federal,state
and local laws,ordinances,rules and regulations applicable to or associated with these duties.
2.1.Full Energy and Skill.Minor will devote her full energy,skill,ability,and
productive time to the performance of her duties..
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2.2.No Conflict.Minor will not engage in any employment,activity,consulting
service,or other enterprise,for compensation or otherwise,which is actually or potentially in
conflict with or which interferes with the perforniance of her duties.Minor acknowledges that
she is subject to the various conflict of interest requirements found in the California
Government Code and state and local policies and regulations.
2.3 Permission Required For Outside Activities.Minor will not engage in any
employment,activity,consulting service,or other enterprise,for compensation or not,without
written permission of the City Council..
3.Salary.While performing the duties of City Clerk,Minor will receive a base salary within the range
provided in the City Council-approved Compensation Plan for Management and Professional
Personnel and Council Appointees,as it currently exists and may be changed from time to time.
Minorwill receive an initial gross base annual salary of one hundred thirtyfive thousand dollars and
eighty cents ($135,000.00),beginning on the Employment Start Date.This amount is subject to
authorized or required deductions and withholding,prorated and paid on City’s regular paydays.
Minor is an exempt employee under applicable wage and hour law and her base salary shall be
compensation for all hours worked.The City agrees that the amount of Minor’s base annual salary
will not decrease,except as part of a permanent decrease that is consistent with the Fair Labor
Standards Act.
4.Benefits and Allowances.Minor will be eligible for,and shall receive,all regular benefits (i.e.,health
insurance,PERS contributions to the extent paid by the City,etc.)and vacation,sick leave,and
management leave,as are generally provided to management employees under the City Council-
approved Compensation Plan for Management and Professional Personnel and Council Appointees,
as it currently exists and may be changed from time to time.
5.Additional Benefits and Allowances.In addition to the benefits specified in section 4,Minor will
receive the following additional benefits and allowances:
5.1.Vacation Accrual.Notwithstanding the Management and Professional Personnel
and Council Appointees Compensation Plan,Minor’s vacation accrual rate will be calculated at
the rate of one hundred eighty (180)hours annually,prorated and credited each pay period.
5.3.Severance.If Minor is terminated or asked to resign she shall,upon execution
of a release of all claims against the City,be eligible for a severance payment according to the
City Council-adopted Compensation Plan for Management and Professional Personnel and
Council Appointees,as it currently exists and may be changed from time to time,currently
equivalent to a maximum of twelve (12)weeks of salary and benefits.No severance shall be
paid if Minor is terminated for serious misconduct involving abuse of her office or position,
including but not limited to waste,fraud,violation of the law under color of authority,
misappropriation of public resources,violence,harassment or discrimination.If Minor is later
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convicted of a crime involving such abuse of her position she shall fully reimburse the City as set
forth in Government Code section 53243.3.
6.Additional Expenses of Employment.The City shall pay the cost of any fidelity or other bonds
required by law for the City Clerk.
7.Duration of Employment.Minor understands and agrees that she has no constitutionally protected
property or other interest in her employment as City Clerk.Minor waives any and all rights,if any,
under the Merit System Rules and Regulations,including without limitation,the right to pre-or post-
disciplinary due process.Minor understands and agrees that she works at :the will and pleasure of
the City Council and that she may be terminated or asked to resign at any time,with or without
cause.Minor may terminate this agreement (terminating all employment)upon 30 days written
notice to the City Manager.
8.Miscellaneous.
8.1.Notices.Notices given under this Agreement 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 three (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:Attn:Mayor,City Council
250 Hamilton Avenue Palo Alto,CA 94301
Phone:(650)329-2226
Fax:(650)328-3631
MINOR:Beth Minor
250 Hamilton Avenue Palo Alto,CA94301
Fax:(650)328-3631
8.2.Entire Agreement!Amendment.This Agreement constitutes the entire
understanding and agreement between the parties as to those matters contained in it,and
supersedes any and all prior or contemporaneous agreements,representations and
understandings of the parties.This Agreement may be amended at any time by mutual
agreement of the parties,but ahy such amendment must be in writing,dated,and signed by the
parties and attached hereto.
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8.3.Applicable Law and Venue.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 of this Agreement is declared void,such
portion shall be severed from this Agreement and the remaining provisions shall remain in
effect,unless the result of such severance would be to substantially alter this Agreement or the
obligations of the parties,in which case this Agreement shall be immediately terminated.
8.5.Waiver.Any failure of a party to insist upon strict compliance with any term,
undertaking,or condition of this Agreement shall not be deemed to be a waiver of such term,
undertaking,or condition.To be effective,a waiver must be in writing,signed and dated bythe
parties.
8.6.Representation by Counsel.Minor and the 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 the subject of this Agreement prior to executing it.
8.7.Section Headings.The headings on each of the sections and subsections of this
Agreement are for the convenience of theparties only and do not limit or expand the contents
of any such section or subsection.
MINOR CITYOFPALOALTO
DocuSigned by:
Beth Minor it Manager A
6/9/2015 U
Date:
____________
Date:
____________
ATTEST:DccuSlgnedby:
DO3D6EE33419...
By:David Carnahan
Deputy City Clerk
APPROVED ASTO FORM:
Deputy City Attorney
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