Loading...
2021 Martinez, Claudia - Finance Director Employment AgreementMEMORANDUM DATE: TO: FROM: RE: Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name. Authority to execute this agreement is based upon: ___ Approved by City Council on ___________________________________________ ___ City Manager’s signing authority provided under the City’s Purchasing Police [Resolution No. 2019-021] for budget expenditures of $50,000 or less. ___ Department Director’s or Manager’s signing authority provided under the City’s Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and $5,000, respectively, or less. Procurement Method (one must apply): ___ Bid ___ RFP ___ RFQ ___ 3 written informal bids ___ Sole Source ___ Select Source ___ Cooperative Procurement Requesting department shall check and attach the items below as appropriate: ___ Agreement payment will be charged to Account No.: _____________________ ___ Agreement term: Start Date ________________ End Date ________________ ___ Amount of Agreement, Amendment, Change Order, etc.: $____________________ REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount, not individual Amendments or Change Orders! ___ Insurance certificates as required by the Agreement for Risk Manager approval Approved by: ______________________________ Date: _______________ ___ Bonds (originals)as required by the Agreement (Performance, Payment, etc.) ___ Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) NOTE: Review the “Form 700 Disclosure for Consultants” guidance to determine if a Form 700 is required pursuant FPPC regulation 18701(2) ___ Business License No. __________________; Expires: __________________ ___ Requisition for a Purchase Order has been prepared (Agreements over $5,000) December 8, 2021 Jon McMillen, City Manager Carla Triplett, Human Resources Analyst Finance Director Employment Agreement - Claudia Martinez ✔12/07/2021 Business Session 1 ✔101-1006-50101 ✔12/20/2021 At Will ✔143,887.60 ✔ N/A ✔ Page 1 of 8 AT WILL EMPLOYMENT AGREEMENT This AT WILL EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into this 20 day of December, 2021 (the “Effective Date”), by and between the City of La Quinta, a public body (the “City” or “Employer”), and Claudia Martinez, an individual (the “Employee”), both of whom understand as follows: WITNESSETH: WHEREAS, the City desires to employ the services of Employee as the Finance Director/City Treasurer as defined by the job description referenced herein; and WHEREAS, it is the desire of the City to establish certain conditions of employment and to set working conditions of Employee; and WHEREAS, Employee desires to accept employment as the Finance Director/City Treasurer. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties. Employer hereby agrees to employ said Employee as Finance Director/City Treasurer of said City to perform the functions and duties specified in the City of La Quinta CLASS SPECIFICATION – Director assigned to Finance Director/City Treasurer and as provided by state or federal law, and to perform other legally permissible and proper duties and functions as the City Manager shall from time-to-time assign. Section 2. Term. A. Employee shall commence services as Finance Director/City Treasurer on December 20, 2021, which shall also be deemed the effective date of this Agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager acting for the City to terminate the services of Employee at any time, with or without cause subject only to the provisions set forth in Section 4, paragraphs A and B, of this Agreement. Employee is an “AT WILL” employee serving at the pleasure of the City Manager and subject to summary dismissal without any right of pre- or post- Page 2 of 8 termination hearing, or any other form of due process, including any Skelly hearing. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from the position with Employer, subject only to the provisions set forth in Section 4, paragraph E, of this Agreement. D. Employee, with prior written approval of the City Manager, may undertake outside professional activities for compensation, including consulting, teaching, speaking and writing provided they do not interfere with Employee’s normal duties and are done only during vacation or other unpaid time of Employee and are not done with any existing vendors or contractors of the City. Under no circumstances shall such outside activities create a conflict of interest with the duties of the Finance Director/City Treasurer and the interests of the City. Section 3. Administrative Leave with Pay. Employer may place Employee on Administrative Leave with Pay at any time while employed under this Agreement. Employee shall be entitled to full pay and benefits during this time. However, if the purpose of placing Employee on Administrative Leave with Pay is to conduct an investigation into potential wrongdoing, and after that investigation, Employee is convicted of a crime involving abuse of office or position, then pursuant to Government Code Section 53243, Employee shall be required to fully reimburse Employer for any salary or benefits received while on Administrative Leave with Pay. “Abuse of office or position” shall be as defined in Government Code Section 53243.4, as may be amended. Section 4. Discipline, Termination and Severance Pay. A. In the event Employee is terminated by the City Manager during such time that Employee is willing and able to perform their duties under this Agreement, Employee agrees that City Manager will furnish notice of termination at least thirty (30) days prior to the effective date of termination and Employer agrees to pay Employee a lump sum cash payment equal to six (6) month’s base salary. Pursuant to Government Code Section 53243.2, if Employee is later convicted of a crime involving abuse of office or position, then any severance paid under this Section 4.A shall be returned by Employee to Employer. B. Employee may be terminated at any time for willful misconduct or abuse of office or position. The determination of what constitutes willful Page 3 of 8 misconduct shall be within the sole discretion of the City Manager; provided that it shall relate to the welfare of the City. Willful misconduct includes conduct directly related to conduct in office and the duties in office. It includes the refusal to follow the lawful directions of the City Manager. It also includes conduct not directly related to the performance of the official duties of the office when such conduct has a direct and harmful effect on the welfare or reputation of the City. Evidence of such direct and harmful effects includes, but is not limited to, conviction of a felony or a crime of moral turpitude. Abuse of office or position shall be as defined in Government Code Section 53243.4, as may be amended. In the event that Employee is terminated for willful misconduct or abuse of office or position, Employer shall have no obligation to pay, and shall be prohibited from paying, the severance sum designated in Section 4.A above, or any severance sum at all. C. Nothing in this Agreement shall prohibit Employer from imposing discipline less than termination upon Employee, including written reprimands, suspensions, or reductions in pay. Employee shall not be entitled to any due process as a result of the implementation of discipline less than termination and imposing lesser discipline does not in any way change Employee’s At-Will status. D. In the event: (1) Employer, at any time while Employee is employed under this Agreement, reduces the salary or other financial benefits of Employee (other than a suspension of five (5) working days or less or a temporary reduction in salary of thirty (30) days or less) in a greater percentage than an applicable across-the-board reduction of all employees of Employer; or (2) Employer refuses, following written notice, to comply with any other provision benefiting Employee herein; or (3) Employee resigns following a formal suggestion by the City Manager that she resign, then Employee may elect to be “terminated” as of that time, and shall be entitled to the severance provisions of Section 4.A above. E. If Employee voluntarily resigns from their position while employed under this Agreement, then Employee shall give Employer at least thirty (30) day advance written notice, unless the parties agree otherwise, and Employee shall not be entitled to any severance pay. Section 5. Disability. If Employee is permanently disabled or is otherwise unable to perform their duties because of sickness, accident, injury, mental incapacity, or health for a period of six successive weeks beyond any accrued sick leave or for the legal duration of the Family & Medical Leave Act (whichever is greatest), Employer shall have the option to terminate this Agreement. Termination Page 4 of 8 pursuant to this Section would not subject the City to payment of severance benefits as specified under Section 4 above. However, Employee shall be compensated for any accrued vacation, sick leave, holidays, administrative leave and other accrued benefits on the same basis as any other employee of the City pursuant to the Personnel Rules. Section 6. Salary. A. Employer agrees to pay Employee for services rendered pursuant thereto at Step 3 of DBM Salary Rating E82 ($143,887.60 annually), as noted in the Fiscal Year 2021/22 salary schedule payable in equal installments at the same time as other employees of the Employer are paid. Salary may be adjusted in accordance with Section 6.B. hereinafter (if not at top step), or as adjustments are made to the Salary Schedule for all City employees. B. A probationary performance and salary evaluation shall be conducted twelve (12) months following the date of the initial hire based, in part, on Employee’s successful crafting and implementation of the Performance-Based Metrics outlined on Exhibit A of this Agreement. An annual performance and salary evaluation shall be conducted during the annual evaluation period for all employees each year thereafter. All performance and salary evaluations shall be conducted in accordance with the City’s Personnel Rules. During the annual performance and salary evaluation, the City Manager and the Employee shall develop performance-based compensation metrics upon which the Employee’s performance and compensation adjustments shall be based. Section 7. Hours of Work. It is recognized that Employee must devote time outside the normal office hours to business of the Employer. Administrative leave shall be as provided in the City Personnel Rules and Section 8, below. Section 8. Vacation, Sick Leave and Administrative Leave. Employee shall accrue, and have credited to their personal account, vacation and sick leave as provided for the Finance Director/City Treasurer pursuant to the Personnel Rules. Employee shall receive eighty (80) hours of Administrative Leave per year in accordance with the Personnel Rules. Section 9. Other Benefits. Employee shall be provided with the same health, dental, vision, life Page 5 of 8 insurance and retirement benefits as other general employees of the City. Employee may also receive an annual physical examination at City expense. Section 10. Other Terms and Conditions of Employment. A. The City Manager, in consultation with Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City’s Municipal Code or any applicable state or federal law. B. All regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, shall also apply to Employee as they would to other full-time employees of Employer, in addition to the benefits specifically set forth herein for the benefit of Employee. Section 11. Sole Rights. The severance rights provided in Section 4.A shall constitute the sole and only entitlement of Employee in the event of termination, other than for willful misconduct or abuse of power or office, and Employee expressly waives any and all other rights except as provided herein. Section 12. Notices. Notices pursuant to this Agreement shall be given by: (1) email with verification of delivery; (2) facsimile transmission with confirmation; (3) personal delivery: (4) overnight delivery service with conformation; or (5) deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: EMPLOYER: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 EMPLOYEE: CLAUDIA MARTINEZ 78-495 Calle Tampico La Quinta, CA 92253 Notice shall be deemed given as of the date of personal, overnight delivery, email, or facsimile service or as of the date of deposit of such written Page 6 of 8 notice in the course of transmission in the United States Postal Service. Section 13. General Provisions. A. This Agreement shall constitute the entire agreement between the parties. No prior oral or written communications are incorporated herein. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. D. This Agreement may be signed in counterparts with signature pages transmitted by email, facsimile, personal delivery or overnight delivery, all of which will be treated as originals. Page 8 of 8 Exhibit “A” Performance-Based Metrics Evaluate the Finance Department’s processes and personnel and increase collaboration with other city departments. o Within 90 days 1. Evaluate personnel and processes with an emphasis on audit and year-end processes and provide the City Manager with analysis and recommendations. 2. Maximize the use of the City’s financial data and provide robust training programs for Finance department and citywide staff on the Tyler Financial system including budget monitoring, reporting, general ledger inquiry, and audit/internal control best practices. 3. Enhance the current Finance department accounting checklist to include all department and citywide deadlines. 4. Hire and onboard the Accounting Manager position. o Within 180 days 1. Review and update City’s financial policies as needed and implement new policies as recommended by auditors. 2. Collaborate with the Design and Development department on enhancements and updates of permit management software and assist the Public Works department with implementation of new work order/asset management system. 3. Attend training events and courses to continue enhancement of leadership skills, effective communication, delegation, and work/life balance. City of La Quinta CITY COUNCIL MEETING: December 7, 2021 STAFF REPORT AGENDA TITLE: APPROVE EMPLOYMENT AGREEMENT WITH CLAUDIA MARTINEZ TO SERVE AS FINANCE DIRECTOR/CITY TREASURER RECOMMENDATION Approve At Will Employment Agreement with Claudia Martinez to serve as Finance Director/City Treasurer effective December 20, 2021; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY •After an extensive nationwide search, the Finance Director/City Treasurer recruitment closed October 11, 2021, and resulted in the selection of Claudia Martinez. •If approved, the At Will Employment Agreement (Agreement) will go into effect December 20, 2021 FISCAL IMPACT Base annual salary is $143,887.60 in accordance with the adopted Fiscal Year 2021/22 salary schedule and is budgeted in salary and benefits Account No. 101-1006-50101. BACKGROUND/ANALYSIS If approved, the Agreement will go into effect December 20, 2021, for Claudia Martinez to serve as Finance Director/City Treasurer. The Agreement has standard terms and conditions, including job duties, base pay, work hours, specified leave, and severance compensation. ALTERNATIVES Council may direct the City Attorney to revise provisions or may reject the proposed Agreement. Prepared by: Chris Escobedo, Community Resources Director Approved by: Jon McMillen, City Manager Attachment: 1. Employment Agreement with Claudia Martinez BUSINESS SESSION ITEM NO. 1 51