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HomeMy WebLinkAbout14. 12-454 SEPTEMBER 25, 2012 12-454 RESOLUTION (CARRIED___5-2_____LOST________LAID OVER________WITHDRAWN________) AS AMENDED PURPOSE: APPROVE AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT INITIATED BY: COUNCIL MEMBER STEVE HERMAN WHEREAS, the Common Council previously approved an Employment Agreement for the City Manager dated June 11, 2008 and amended on December 14, 2010; and WHEREAS, the City Manager has requested certain non-salary changes to the Employment Agreement in consideration of the Council not providing a base salary increase for 2012. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Amendment to the City Manager Employment Agreement is hereby approved. Add to Section D of the Employment Agreement: Phone Replacement Every Two Years ICI I Y HAIL • 215 Church Avenue P.O.Box 1130 Oshkosh, 031130 City of Oshkosh QIHKO/H • Memorandum Date: April 20, 2012 To: . Honorable Mayor and Members of Council From: Mark A. Rohloff, City Manager Re: Non-Salary Changes to City Manager's Employment Agreement During the Council's closed session with me o_ n January 24, 2012 to discuss my performance review, I brought up the topic of several non-salary provisions in my contract that I asked Council to consider changing in light of the fact that I was not going to receive any compensation increase for my 2011 performance. These non-salary provisions involve costs that I do or could incur in my duties as city manager, and for which I would like to receive new or increased reimbursement. Council asked that provide a list of these items to Council for their consideration. Councilor Herman, in his duties as Deputy Mayor for the 2011-12 year, recently reminded me that I had yet to provide that information to Council. I appreciate Mr. Herman's assistance in my review in his duties as Deputy Mayor and hope that this level of communication and interaction continues in future reviews of my performance. . I would ask that the Council consider some minor changes to my contract. These changes are consistent with provisions_in contracts for other city managers, and believe that they are appropriate at this time. For your reference, I am providing Council with a copy of my original contract from 2008 as well as the contract amendment from December 2010. The requested changes are as follows: . • Cell Phone (Section 12): Increase cell phone reimbursement to $120 per month (currently 100) to reflect increased cost. Also provide for phone replacement every two years. • Service Clubs and Civic Organizations (Section 8: Other Benefits): City pays or reimburses city manager for all costs associated.with memberships of a civic or service clubs. I,would propose that the city pay,for costs associated with my being a member of one of the local Kiwanis or Rotary Clubs. A membership and related costs would likely not exceed $1,000 annually. r • • Professional Development (Section 9): This section provides for reimbursement of dues for me to be a member of several professional groups, such as the International City-County Management Association (ICMA), the Wisconsin City- County Management Association (WCMA), and the League of Wisconsin • Municipalities. The section also provides for reimbursement of reasonable costs to attend state and national conferences. Since I have become involved in these associations as city manager of a larger city, I have been asked to sit on several. more boards and committees, including the League's Board of Directors, the League's Urban Alliance Executive Committee, as well as the ICMA Retirement Corporation's Client Advisory Forum. I would ask that my contract acknowledge that these costs would also be reimbursable. Most of these costs are included or could be absorbed in my existing departmental budget. I would ask that these reimbursements be memorialized so that there is not any question as to their validity in the future. When I raised these issues, it appeared that the consensus of Council was that reasonable costs that I incur in the course of my employment and in my capacity as city manager would be appropriate. I would ask that Council consider these changes so that it is clear in my contract so as to avoid any questions that may arise in the future. Finally, I would ask that Council also give consideration to my Termination and Severance Pay (Section 3). While I hope that this provision never has to be exercised, my professional association has surveyed its members, and the typical time it takes a city manager to find gainful employment after a termination is 9-12 months. I would ask that Council consider increasing my severance pay and benefits from six to nine months. To the degree that this never takes place, this would have no cost to the city. However, it will give me and my family peace of mind knowing that we can better function financially in the unlikely event of termination. If these requests seemappropriate, please advise me so that I may place this item on a future agenda for formal Council approval. Thank you for your consideration of these requests. Attachments REVISED AMENDMENT TO EMPLOYMENT AGREEMENT WHEREAS, the City of Oshkosh and Mark A. Rohloff entered into an employment agreement dated June 11, 2008 and amended on December 14, 2010; and WHEREAS, the City Manager has requested certain non - salary changes to the Employment Agreement in consideration of the Council not providing a base salary increase for 2012. For the consideration specified above and for other good and valuable consideration, 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 8 Other Benefits, of the Agreement is hereby amended to add paragraph C. as follows: C. The City shall pay or reimburse the City Manager for all costs associated with memberships to civic or service clubs within the City. B. That Section 9. Professional Development, of the Agreement is hereby Amended to read as follows: SECTION 9. Professional Development Employer agrees to budget for and to pay the professional dues for the City Manager to be a member of professional associations, including but not limited to Wisconsin League of Municipalities, International City- County Management Association (ICMA), Kansas University City Management Trainees (KUCIMAT), and Wisconsin City Manager's Association. Employer agrees to budget and pay the reasonable expenses incurred in the City Manager's attendance at meetings of these professional associations including any sub- committees or sub - groups thereof, and at least one (1) annual state conference and one (1) national conference, to include reasonable costs for travel, lodging and meals as per City policy for reimbursement of travel expenses. The aforesaid attendance at conferences shall be considered part of the City Manager's employment, and days spent at said conferences shall not constitute vacation or personal days. C. That Section 12. Cell Phone, of the Agreement is hereby amended to increase the cellular phone reimbursement to One Hundred Twenty Dollars ($120.00) per month. Add - Phone replacement every two years. D. That Section 3 Termination and Severance Pay, of the Agreement is amended to increase the lump sum cash payment upon termination by the City to a lump sum cash payment equal to nine (9) months base salary and to provide for nine (9) months of City paid health insurance after termination. E. That the changes agreed upon by this Amendment shall be retroactive and shall be effective on and from January 1, 2012. F. That all rights and responsibilities under the original Employment Agreement or prior amendments 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: September , 2012. CITY OF OSHKOSH IN Burk Tower, Mayor CITY MANAGER Mark A. Rohloff And: Pamela R. Ubrig, City Clerk Approved as to Form and Execution: Lynn A. Lorenson, City Attorney