HomeMy WebLinkAboutStaff Report 17171
City of Palo Alto (ID# 1717)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 5/16/2011
Summary Tide: Appointment of Director of Libraries
Tide: Confirmation of Appointment of Monique Ie Conge as Director of
Libraries and Approval of At-Will Employment Agreement
From: City Manager
Lead Department: Human Resources
RECOMMENDATION
The City Manager recommends that the City Council confirm the appointment of
Monique Ie Conge as Director of Libraries and approve the attached at-will
employment agreement.
BACKGROUND
Municipal Code Section 2.08.020 requires that the City Council confirm the City
Manager's appointment of City department heads.
DISCUSSION
The City Manager is recommending appointment of Monique Ie Conge as Director
of Libraries. Mr. Ned Himmel has acted as the Interim Director of the Libraries
Department since former Director Diane Jennings retired in November 2010.
Ms. Ie Conge was selected as a result of a national search conducted by the
executive recruitment firm of Peckham & McKenney as well as a subsequent in-
depth interview process with the City. This process also included outreach by the
City Manager to various stakeholder groups in the course of developing a
May 16, 2011
(ID # 1717)
Page 1 of3
candidate profile. Six individuals were interviewed in a series of interviews
conducted by two panels whose members included some executive personnel as
well as community representatives from various commissions and friends groups.
These two interview panels recommended three local candidates who were then
interviewed by staff from the City's Executive Leadership Team and by Library
Department staff. Two finalists were then interviewed by the City Manager who
made the final selection using input from the various interview teams and
candidate references.
Ms. Ie Conge's work experience has spanned over 20 years in municipal library
systems. Most recently, Ms. Ie Conge worked for the City of Richmond as Director
of Library and Cultural Services from 2005-2010 and as Library Director from
2004-05 at Richmond Public Library. She has experience renovating two library
branches and working with community stakeholders to plan for a new main
library. Prior to working at Richmond, Ms. Ie Conge served in various positions at
the Benicia Public Library from 1995 to 2004, including Youth Service Librarian,
Young Adult Librarian, and Library Director. In addition, she worked at the
Vallejo Library and Fairfield-Suisun Library as a Children's Librarian.
Ms. Ie Conge holds a Bachelor Degree from the University of California, Davis in
Design, and received her Masters degree in Library and Information Science from
the University of California, Berkeley. Ms. Ie Conge is an active member of the
California Library Association, serving as President in 2008, and has been an
active participant and mentor in other various professional activities and
leadership institutes as well. .
RESOURCE IMPACT
The annual control point for the Director of Libraries position is $165,000.00.
The attached at-will employment for Ms. Ie Conge reflects that salary level. The
benefits are consistent with those provided in the Management and Professional
Compensation Plan and all other agreement terms are consistent with the at-will
May 16, 2011
(ID # 1717)
Page 20f3
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agreement template that the Council approved in 2004 when it transitioned to an
at-will system for new department heads.
POUCY IMPUCATIONS
This recommendation is consistent with existing City policies.
Attachments:
• Employment Agreement Director of Libraries (DOC)
Prepared By: Elizabeth Egli, Administrative Assistant
Department Head: Sandra Blanch, Interim Director, Human Resources
Department
City Manager Approval:
May 16, 2011
(ID # 1717)
James Keene, City Manager
Page 3 of3
EMPLOYMENT AGREEMENT
THIS AGREEMh'NT is between the City of Palo Alto, a municipal corporation
and chartered city ("City") and Monique Ie Conge ("Ie Conge"). It is effective on the latest date
next to the signarures on the last page.
This Agreement is entered into on the basis of the following facts, among others:
A. City, acting by and through its duly appointed City Manager and with the
approval of its duly elected City Council, desires to employ Ie Conge as its Library Director
subject to the ~erms and conditions set forth in this Agreement, the Palo Alto Municipal Code
and in the Charter of the City of Palo Alto (the "('l-jarter").
B. Le Conge desires to be employed by the City as its Library Director,
subject to the terms and conditions set forth in this Agreement, the Palo Alto Municipal Code,
and in the Charter.
C. City and Ie Conge 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 Library Director 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.
E. Le Conge desires a predictable amount of severance notice and severance pay
should her employment be terminated with or without cause or notice.
BASED lJPON THE FOREGOING, CITY AND LE CONGE AGREE AS
FOLLOWS:
1. Employment. City will appoint and employ Ie Conge as Library Director
with the City of Palo Alto and Ie Conge will accept the appointment and employment for the
City for an indefinite term to begin on May 31, 2011. In the event Ie Conge does not actually
report for or commence work on May 31, 2011, the employment start date will be the date, if
any, as otherwise mutually agreed by the parties.
2. Duties of the Library Director. Le Conge shall perform the duties
established for the Library Director by the Charter, Palo Alto Municipal Code, direction of the
City Manager, or as otherwise provided by. law, ordinance, or regulation. Le Conge 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. Le Conge shall devote her full energy, skill,
ability, and productive time to the performance ofber duties.
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2.2. No Conflict. Le Conge 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.
Le Conge acknowledges that helshe 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. Le Conge shall not
engage in any employment, activity, consulting service, or other enterprise, for compensation or
otherwise, without the express, written permission of the City Manager.
3. Compensation. \Vhile performing the duties of Library Director, Ie
Conge shall be compensat:::d as provided in this Section 3. ..
3.1. Compensation. Le Conge shall receive an initial base aonual
salary of One Hundred Sixty Five Thousand Dollars ($165,000.00) cornmencing on the
Employment Start Date, subject to authorized or required deductions, prorated and paid on City's
regular paydays. Le Conge 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 Ie
Conge's base aonual 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 all City executive Staff.
3.2. Salary Adjustments. Not less than once each year, the City
Manager shall meet with Ie Conge for the express purpose of evaluating the performance of Ie
Conge. The City Manager will act in good faith in determining whether to increase the salary of
Ie Conge, but the ultimate decision in this regard is within the sole discretion of the City
Manager.
4. Benefits and Allowances. Le Conge will be eligible for, and shall receive,
all regular benefits (i.e., health insurance, PERS contributions to the extent paid by City, etc.)
and vacation, sick leave, and management leave as are generally provided to management
employees pursuant to 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 Expenses of Employment. City shall pay the following usual
and customary employment expenses:
5.1 The cost of any fidelity or other bonds required by law for the
Library Director.
6. Duration of Employment. Le Conge understands and agrees that she has
no constitutionally protected property or other interest in her employment as Library Director.
She 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. She understands and agrees
that she works at the will and pleasure of the City Manager and that she may be terminated, or
asked to resign, at any time, with or without cause. Le Conge may terminate this agreement
(terminating all employment) upon 30 days written notice to the City Manager.
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6.1. Severance Pay. If Ie Conge is asked to resign or is terminated as
Library Director she shall receive a cash severance payment, or payments (without interest) at
intervals specified by Ie Conge, equaling6 months salary and benefits at the date of termination.
6.2 Non-Payment of Severance Under Certain Conditions. If the
termination of Ie Conge is the result of conviction of a felony, she shall not be paid any
severance pay.
7. Miscellaneous.
7.1. 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:
LECONGE:
Attn: City Manager
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 95901
Phone: (650) 329-2226
FAX: (650) 328-3631
Monique Ie Conge
250 Hamilton Avenue
Palo Alto, CA 94301
Phone: ________ _
FAX: ____ _
7.2. 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.
7.3. 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.
7.4. Severability. In the event any portion of this Agreement is
declared void, such portion shall be severed from this Agreement and the remaining provisions
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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.
7.5. 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.
7.6. Representation by Counsel. Le Conge 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 oftbi~Agreement prior to executing it.
7.7 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
By~~~ ____________________ _
City Manager
Dated: ____ _ LECONGE
Monique Ie Conge
ATTEST:
City Clerk
APPROVED AS TO FORM:
By: _______________ __
Sr. Deputy City Attorney
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