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HomeMy WebLinkAbout10-404DECEMBER 14, 2010 10 -404 RESOLUTION (CARRIED 5 -2 LOST LAID OVER WITHDRAWN ) AS AMENDED (Amendment to Employment Agreement) PURPOSE: APPROVE CITY MANAGER SALARY AND AMENDMENT TO EMPLOYEE AGREEMENT REGARDING EVALUATION PROCESS INITIATED BY: DEPUTY MAYOR JESSICA KING WHEREAS, the Common Council previously approved an Employment Agreement for the City Manager which provided that the Council together with the City Manager would develop a Performance Evaluation Process for yearly evaluations including a review of the City Manager's salary on the anniversary of the date of hire for the City Manager; and WHEREAS, the Council and the City Manager agree that moving the performance evaluation to the month of December to coincide with the calendar year is appropriate. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the bi- weekly compensation for the City Manager is adjusted to provide annual increase as listed below: Effective August 4, 2010 — 2% BE IT FURTHER RESOLVED that Section 13. Performance Evaluation, of the City Manager's Employment Agreement dated June 11, 2008, is amended to provide that the Common Council shall review and evaluate the performance of the City Manager each year as provided below. BE IT FURTHER RESOLVED that pursuant to Section 13. Performance Evaluation, of the City Manager's Employment Agreement dated June 11, 2008, the evaluation process shall be established as follows: Oshkosh City Manager Evaluation Process In accordance with Section 13, Performance Evaluation, of City Manager's Employment Agreement dated June 11, 2008, the Council hereby codifies the City Manager's evaluation process as follows: 1. The Deputy Mayor shall meet with the City Manager prior to the evaluation process to review the prior year's documentation of the evaluation process and feedback to confirm whether any changes in the process shall be necessary. 2. The first week of December the Deputy Mayor shall distribute the most current version of the City's strategic plan, City Manager Employment Agreement, the prior year's Council Feedback as compiled from the Oshkosh City Manager Evaluation Form and the feedback Oshkosh Department Communication Assessment form for distribution to council members for their review. 3. The Deputy Mayor shall also distribute the most current version of the Oshkosh City Manager Evaluation Form to be completed by the individual council members in preparation for the evaluation meeting. This document will not be collected, rather it is meant to focus Council discussion and consensus regarding the City Manager's performance evaluation and expectations. 4. The City Manager's Administrative Assistant shall distribute the Oshkosh Department Communication Assessment to Departments, along with an envelope addressed to the home address of the Deputy Mayor. The Deputy Mayor shall tally the feedback results from the Communication Assessment received prior to the evaluation meeting to distribute to council members, along with maintaining a file of the original forms received from the Departments. 5. The Council shall schedule the evaluation meetings as necessary to review information compiled and perform the evaluation. The Deputy Mayor shall take notes with regard to the tally or results from council members' responses to evaluation form to produce a Council Feedback form. The Deputy Mayor shall also take notes of council member comments and recommendations for future action by the City Manager to improve performance. The Deputy Mayor shall prepare a global comment section as agreed upon by Council during the evaluation session, and attach the same to the Council Feedback form. 6. The Council shall schedule a meeting with the City Manager to review the Council Feedback form and distribute the feedback results from the Communication Assessment. This meeting is conducted as a conversation between Council and the City Manager. 7. The Deputy Mayor shall submit the final version of the Council Feedback form and the feedback results and individual responses from the Communication Assessment to the Personnel Department, along with the recommendations regarding adjustments in salary and /or other benefits. AMENDMENT TO EMPLOYMENT AGREEMENT WHEREAS, the City of Oshkosh and Mark A. Rohloff entered into an employment agreement dated June 11, 2008; and WHEREAS, the Agreement provided that the Common Council and City Manager would develop a Performance Evaluation Process and would conduct a performance evaluation yearly upon the anniversary date of Mr. Rohloff's employment with the City; and WHEREAS, the parties have agreed to amend the Agreement to provide for the yearly performance evaluation to occur in December of each year. NOW, THEREFORE, IT IS AGREED by and between the parties that the Employment Agreement between these parties is hereby amended as follows: A. That Section 13. Performance Evaluation, of the Agreement is hereby amended to read as follows: The Common Council shall conduct a performance evaluation for the City Manager each calendar year. The Common Council shall consider increasing base salary and /or other benefits of the City Manager based upon said evaluation and review, and may make any such increases effective on January 1 st of the respective year. The performance evaluation process shall substantially comply with the following process: 1. The Deputy Mayor shall meet with the City Manager prior to the evaluation process to review the prior year's documentation of the evaluation process and feedback to confirm whether any changes in the process shall be necessary. 2. The first week of December the Deputy Mayor shall distribute the most current version of the City's strategic plan, City Manager Employment Agreement, the prior year's Council Feedback as compiled from the Oshkosh City Manager Evaluation Form for distribution to council members for their review. 3. The Deputy Mayor shall also distribute the most current version of the Oshkosh City Manager Evaluation Form to be completed by the individual council members in preparation for the evaluation meeting. This document will not be collected, rather it is meant to focus Council discussion and consensus regarding the City Manager's performance evaluation and expectations. 4. The Council shall schedule the evaluation meetings as necessary to review information compiled and perform the evaluation. The Deputy Mayor shall take notes with regard to the tally or results from council members' responses to evaluation form to produce a Council Feedback form. The Deputy Mayor shall also take notes of council member comments and recommendations for future action by the City Manager to improve performance. The Deputy Mayor shall prepare a global comment section as agreed upon by Council during the evaluation session, and attach the same to the Council Feedback form. 5. The Council shall schedule a meeting with the City Manager to review the Council Feedback form. This meeting is conducted as a conversation between Council and the City Manager. 6. The Deputy Mayor shall submit the final version of the Council Feedback form and the feedback results to the Personnel Department, along with the recommendations regarding adjustments in salary and /or other benefits. B. That all rights and responsibilities under the original Employment Agreement between these parties not specifically amended by this amendment shall remain in effect. IN WITNESS WHEREOF, the parties heretofore have caused this Amendment to be signed by the proper persons of each party and their corporate seals, if any, to be hereunto affixed. Dated: December , 2010. CITY OF OSHKOSH By: Paul Esslinger, Mayor CITY MANAGER Mark A. Rohloff And: Pamela R. Ubrig, City Clerk Approved as to Form and Execution: Lynn A. Lorenson, City Attorney