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HomeMy WebLinkAboutItem 2C: Approval of Contract for Interim Police AuditorECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Authorization to Execute Employment Agreement with Interim Police Auditor Meeting Date: September 8, 2008 Agenda Item Number: 2C Department: City Attorney’s Office Staff Contact: Glenn Klein www.eugene-or.gov Contact Telephone Number: 682-5080 ISSUE STATEMENT The City Council has appointed Dawn Reynolds as Interim Police Auditor, and it is necessary to enter into an Employment Agreement with her. BACKGROUND The City Council has previously appointed Dawn Reynolds as the City’s Interim Police Auditor, effective August 25, 2008. The Mayor and Council Officers have reached agreement with Dawn Reynolds on a proposed salary which is included in the attached Employment Agreement between the City and Ms. Reynolds. Ms. Reynolds has reviewed the attached agreement and indicated that it is acceptable. When Cris Beamud hired Ms. Reynolds, Ms. Beamud agreed that Ms. Reynolds could finish up work for a couple of clients for whom Ms. Reynolds had been performing legal work. The attached contract includes a provision that also would allow Ms. Reynolds to complete that work (on her own time, using her own resources). RELATED CITY POLICIES There are no relevant City policies. COUNCIL OPTIONS The council can approve the agreement, revise and then approve the agreement (which then would be subject to Ms. Reynolds’ concurrence before it would be in place), or reject the agreement. CITY MANAGER’S RECOMMENDATION Not applicable. SUGGESTED MOTION Move to authorize execution of the attached Employment Agreement with Dawn Reynolds as Interim Police Auditor. Z:\CMO\2008 Council Agendas\M080908\S0809082C.DOC ATTACHMENTS A. Proposed Employment Agreement. FOR MORE INFORMATION Staff Contact: Glenn Klein Telephone: 682-5080 Staff E-Mail: glenn.klein@harrang.com Z:\CMO\2008 Council Agendas\M080908\S0809082C.DOC ATTACHMENT A EMPLOYMENT AGREEMENT INTERIM POLICE AUDITOR Between : The City of Eugene, City an Oregon municipal corporation () AndReynolds : Dawn Reynolds () RECITALS A. The Charter of the City of Eugene provides that the City Council is authorized to hire a Police Auditor. B. Effective August 22, 2008, the appointed Police Auditor Cristina Beamud resigned from the position. C. The City wishes to employ Reynolds as Interim Police Auditor until such time as the Council appoints a replacement Police Auditor, and Reynolds wishes to accept the position of Interim Police Auditor, on the following terms. AGREEMENT 1. Duties. a. City agrees to employ Reynolds as Interim Police Auditor beginning on August 25, 2008, on the terms and conditions described below. Reynolds agrees to accept the position of Interim Police Auditor effective August 25, 2008, to devote her full time and attention to duties of Interim Police Auditor, to perform the functions and duties of Police Auditor in accordance with Section 15A of the City Charter and in accordance with Council direction. Reynolds shall comply with all policies, rules and regulations currently in effect or made or modified by the City during the term of this Agreement, except as otherwise provided in this Agreement. b. Except as specifically provided in this Subsection 1.b., Reynolds agrees to remain in the exclusive employ of the City during her tenure as Interim Police Auditor. Reynolds may continue her private legal practice, consisting exclusively of the on-going matters as of the date of this Agreement. Reynolds shall only engage in private legal practice on her own time, using her own resources – no City equipment or resources shall be used. 2. Hours of Work and Compensatory Time. The City expects Reynolds to devote the time necessary, and to use sound professional judgment in arranging her schedule and working hours as required to meet the duties and responsibilities of her position. 3. Term and Termination. This Agreement is for at-will employment and shall remain in effect until a newly appointed Police Auditor takes office, unless either party terminates this Agreement sooner pursuant to this Section 3. Reynolds understands and agrees that she serves at the pleasure of the City Council and may be removed from her position without cause and without notice. a. The Council may terminate the services of Reynolds as Interim Police Auditor at any time without notice and without cause. b. Reynolds may terminate this Agreement and relinquish her position as Interim Police Auditor upon 30 days' written notice to the Council. c. The Agreement will automatically terminate when a newly appointed Police Auditor takes office. 4. Conditions of Employment. As a condition of employment in the position of Interim Police Auditor, Reynolds will be required to meet and maintain the standards required for access to the Area Information Records System and the confidentiality agreement attached thereto. Additionally, as a condition of employment in the position of Interim Police Auditor, Reynolds must maintain a valid Oregon driver’s license and maintain a driving record at a level that meets City standards. 5. Duty of Cooperation After Termination. Reynolds agrees to cooperate with City following the termination of her employment for any reason by being reasonably available to testify and to assist the City, at its request, in any legal proceeding. City will reimburse Reynolds for all expenses actually incurred in connection with her assistance. 6. Salary and Benefits. City agrees to compensate Reynolds for her services rendered pursuant to this Agreement with the following salary and benefits: a. An annual base salary of $ 94,723.20. The City Council will consider cost of living adjustments for Reynolds at the same time that other exempt employees receive cost of living adjustments. Cost of living adjustments for the Interim Police Auditor must be approved by the City Council and, if approved, the base salary will be adjusted accordingly. Reynolds agrees and understands that any other increase in base salary will be based on merit and that increases require City Council review and approval. b. A contribution to a deferred compensation program equivalent to two percent (2%) of her salary, provided that Reynolds contributes a minimum contribution of one percent (1%) of her salary to the program. c. Participation in the retirement plan generally available to City’s other exempt, managerial employees (now PERS) when and as Reynolds becomes eligible for such participation. d. Insurance benefits, including medical, dental, vision, life and long term disability insurance, and employee assistance program, generally Employment Agreement (Interim Police Auditor)- 2 - available to City’s other exempt, managerial employees when and as Reynolds becomes eligible for them. e. Vacation, sick leave, and holiday leave benefits in accordance with City’s policies and practices with respect to City’s other exempt, managerial employees. Reynolds will carry over accrued vacation and sick leave she has been credited with in her Deputy Police Auditor position. f. City reserves the right to modify or discontinue any and all of the above benefit and compensation plans, policies, and practices at any time without notice to or recourse by Reynolds, as long as such action is taken generally with respect to exempt, managerial employees and does not single out Reynolds. 7. Performance Evaluations. The City Council may conduct reviews of Reynolds’ performance at times it deems appropriate. 8. Indemnification. The City shall defend and indemnify Reynolds against any tort, professional liability claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Reynolds’ duties as Interim Police Auditor, unless prohibited by law. The duties of the Interim Police Auditor do not include the commission of any criminal act or intentional tort. This indemnification shall include the cost of defense, provided that the City shall choose or approve legal representation for Reynolds and will retain control over the defense of the claim, including the sole power to compromise and settle any claim or action and pay the amount of the settlement or judgment. 9. Notices. Notices pursuant to this Agreement shall be given by deposit in the United States Mail, postage prepaid, addressed as follows: City: City Council President City of Eugene, Room 105 777 Pearl Street Eugene, Oregon 97401 Employee: Dawn Reynolds City of Eugene 800 Olive Street Eugene, Oregon 97401 Alternately, notices required by this Agreement may be personally served. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States Mail. 10. Review by Independent Counsel. Reynolds acknowledges that the City has advised her to have this Agreement reviewed by an attorney of her choice. 11. Effective Date. This Agreement shall become effective when signed by all parties, but the salary set out in Subsection 6.a shall be retroactive to August 25, 2008. Employment Agreement (Interim Police Auditor)- 3 - 12. Voluntary Agreement. Reynolds acknowledges that she understands the terms of this Agreement and that she has entered into it voluntarily. 13. Integration. The terms of the parties’ agreement are set forth completely in this written document. This Agreement supersedes all prior or contemporaneous oral and written agreements, understandings, and commitments. Reynolds acknowledges that she has not relied on any other representation or promises by the City, its agents, employees or representatives, except those contained in this Agreement. 14. Severability of Provisions. Any provision, or portion of any provision, in this Agreement that is held unenforceable, void, or unconstitutional shall not affect the remainder of the terms of this Agreement or any portion thereof which shall be deemed severable and shall remain in full force and effect. In the event that a provision is held unenforceable, void, or unconstitutional, the City Council and Reynolds shall discuss what changes, if any, should be made in response. 15. Construction. It is the intent of the parties that this Agreement and the appointment of Reynolds as Interim Police Auditor comply, in all aspects, with the provisions of the Charter and City Code. If any provision of this Agreement is capable of two constructions, only one of which complies with the Charter and City Code, the construction that complies with the Charter and City Code shall control. If any provision of the Agreement conflicts with the Charter or Code, the Charter or Code shall control and the conflicting provision of this Agreement shall be of no effect. All other provisions not in conflict with the Charter and Code shall remain in full force and effect. Without limiting the foregoing, this Agreement will be governed by and interpreted in accordance with the laws of the State of Oregon. 16. Modification. This Agreement may not be modified in any respect, except by a written agreement executed by the City and Reynolds. CityReynolds By: By: Name: Chris Pryor Name: Dawn Reynolds Title: City Council President Date: Date: 00204539.DOC;1 Employment Agreement (Interim Police Auditor)- 4 -