Loading...
HomeMy WebLinkAboutStaff Report 2401-2482CITY OF PALO ALTO CITY COUNCIL Special Meeting Monday, January 22, 2024 Council Chambers & Hybrid 5:30 PM     Agenda Item     10.Approval of an Employment Agreement and Approval of Resolution to Appoint Mahealani Ah Yun to the Position of City Clerk at an Annual Salary of $165,000. CEQA Status – Not a Project 3 7 9 3 City Council Staff Report From: CAO Committee Report Type: ACTION ITEMS Lead Department: Human Resources Meeting Date: January 22, 2024 Report #:2401-2482 TITLE Approval of an Employment Agreement and Approval of Resolution to Appoint Mahealani Ah Yun to the Position of City Clerk at an Annual Salary of $165,000. CEQA Status – Not a Project RECOMMENDATION The Council Appointed Officers Committee recommends the City Council approve of an employment agreement and adopt a resolution to appoint Mahealani Ah Yun to the position of City Clerk at an annual salary of $165,000. BACKGROUND The City Council makes appointments to council-appointed officer positions. The appointment of the City Clerk position is subject to the approval of the Council. The duties of the City Clerk are outlined in the Charter of the City of Palo Alto and Palo Alto Municipal Code section 2.08.110. The City Clerk proactively supports the City Council and works collaboratively with other Council Appointed Officers (CAOs) and City departments to facilitate the Council’s vision, while upholding the duties and role of the City Clerk’s Office with confidence and independence. The City Clerk must apply accuracy, attention to detail, timely communication and responsiveness, and ensure high-quality work products. The City Clerk is responsible for providing clear communications and maintaining strict standards of accountability. The former City Clerk Lesley Milton resigned in May 2023, to take a new opportunity at another California city. On May 1, 2023, the Council Appointed Officers (CAO) Committee met to discuss a recommendation to the City Council regarding the City Clerk vacancy. The CAO Committee motion which passed 3-0 recommended that Council authorize the following: 3 7 9 3 1. Invite letters of interest and a resume from interested internal applicants for the interim City Clerk position, have HR review for qualifications, and schedule a closed session interview of candidates with the full Council pending a full recruitment process. 2. Contract with the recruitment firm Peckham & McKinney who conducted the previous City Clerk recruitment, and the literature previously used be included in a late packet report on the next meeting agenda. The City Council approved the CAO Committee recommendation on May 8, 2023 (Report #2305-1405). On June 5, 2023, the City Council appointed Mahealani Ah Yun as the interim City Clerk, as recommended by the CAO Committee. ANALYSIS As requested and authorized by Council, the executive recruitment firm Peckham & McKenney conducted an extensive search for the City of Palo Alto’s next City Clerk. Qualified applicants were evaluated for the position, and Mahealani Ah Yun was selected by the City Council as the top candidate. Mahealani Ah Yun has served as Deputy City Clerk for the City of Palo Alto beginning in November 2021. She has served as Interim City Clerk from June 5, 2023 to the present. Under the direction of the former City Clerk, Ms. Ah Yun closely supported Council members and assisted in supporting five Council standing committees and nine boards and commissions, preparing minutes, and facilitating the agenda production process. In addition, Ms. Ah Yun administered public records requests and played a key role in launching the new agenda management system. As Interim City Clerk, Ms. Ah Yun served as a team leader and championed the adoption of new technology and procedures to promote access to public meetings and records. Ms. Ah Yun has over 5 years of experience working for a non-profit agency, the Service League of San Mateo, working closely with the San Mateo County Sheriff’s Office staff overseeing correctional programs and services. Ms. Ah Yun holds a Master’s Degree of Public Administration from Notre Dame de Namur University and a Bachelor of Science Degree in Psychology, Community and Criminal Justice, and Political Science. She is a Notary Public and holds several other industry certifications and related Clerk training. FISCAL/RESOURCE IMPACT The City Clerk position is budgeted within the City Clerk’s Office and is included in the FY 2024 Adopted Budget. Ms. Ah Yun will be paid an annual salary of $165,000 and will receive standard 3 7 9 3 management benefits consistent with the Compensation Plan for Unrepresented Management and Professional employees. STAKEHOLDER ENGAGEMENT Staff, in coordination with the Council Appointed Officers Committee, City Council, and the executive recruitment firm, completed the interview process to bring forward this action. ATTACHMENTS Attachment A: Employment Agreement City Clerk Mahealani Ah Yun Attachment B: Resolution Appointing Mahealani Ah Yun City Clerk APPROVED BY: Sandra Blanch, Human Resources Director 1 EMPLOYMENT AGREEMENT BETWEEN CITY OF PALO ALTO AND Mahealani Ah Yun THIS AGREEMENT is between the City of Palo Alto, a municipal corporation and chartered city ("City") and Mahealani Ah Yun (“Ah Yun”). 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 Ah Yun 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. Ah Yun 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 Ah Yun wish to establish specific terms and conditions relating to compensation and benefits and related matters. BASED UPON THE FOREGOING, THE CITY AND AH YUN AGREE AS FOLLOWS: 1.Employment. The City appoints Ah Yun as its City Clerk for an indefinite term to begin on January 23, 2024. Except as otherwise provided herein, Ah Yun'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 2.Duties of the City Clerk. Ah Yun 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. Ah Yun 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. Ah Yun will devote her full energy, skill, ability, and productive time to the performance of her duties. 2.2.No Conflict. Ah Yun 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. Ah Yun 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. Ah Yun 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, Ah Yun 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. Ah Yun will receive an initial gross base annual salary of one hundred sixty-five thousand dollars ($165,000.00), beginning on the Employment Start Date. This amount is subject to authorized or required deductions and withholding, prorated, and paid on the City's regular paydays. Ah Yun 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 Ah Yun'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. Ah Yun 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. 3 5.Additional Benefits and Allowances. In addition to the benefits specified in section 4, Ah Yun will receive the following additional benefits and allowances: 5.1.Severance. If Ah Yun 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 Ah Yun 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 Ah Yun is later 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. Ah Yun understands and agrees that she has no constitutionally protected property or other interest in her employment as City Clerk. Ah Yun 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. Ah Yun 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, 4 with or without cause. Ah Yun may terminate this agreement (terminating all employment) upon 30 days written notice to the Mayor. 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 AH YUN: Mahealani Ah Yun 250 Hamilton Avenue, Palo Alto CA 94301 Phone (650) 329-2630 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. 5 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. Ah Yun 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 the parties only and do not limit or expand the contents of any such section or subsection. Ah Yun City of Palo Alto Mahealani Ah Yun Mayor Approved as to Form: City Attorney’s Office NOT YET APPROVED Resolution No. A Resolution of the City Council for the City of Palo Alto appointing Mahealani Ah Yun as the Palo Alto City Clerk. R E C I T A L S A. The Palo Alto City Charter specifies the duties and functions of the City Clerk for the City of Palo Alto; B. The Charter further specifies that the City Council shall appoint the City Clerk; C. The Council received notification that City Clerk Lesley Milton was resigning effective May 19, 2023; D. The Council Appointed Officers Committee recommended and the full City Council authorized staff to conduct a nationwide search through Peckham and McKenney, an executive search firm specializing in Public Sector recruitment. E. On December 19, 2023 Council interviewed highly qualified candidates identified through this search and selected Mahealani Ah Yun as the next City Clerk of the City of Palo alto; NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The Council hereby appoints Mahealani Ah Yun as City Clerk for the City of Palo Alto; SECTION 2. Mahealani Ah Yun shall serve as City Clerk at the will of the Council as provided by the Charter, and shall further serve according to all of the terms and provisions of the Charter and the Municipal Code; and SECTION 3. The Council hereby appoints and employs Mahealani Ah Yun for an indefinite term that begins January 23, 2024. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: