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HomeMy WebLinkAboutORD 2014-04 - Board TRUCKEE DONNER . Public Utility District Ordinance No. 2014 - 04 EFFECTING THE EMPLOYMENT AGREEMENT FOR THE GENERAL MANAGER WHEREAS, the Board of Directors employs a General Manager to manage the day by day affairs of the District; WHEREAS, the Board of Directors executed an Employment Agreement with the General Manager that expires on June 30, 2015; WHEREAS, the Board of Directors is satisfied with the General Manager's accomplishments and successful performance during the term of the existing agreement; WHEREAS, the Board wishes to extend the term of the General Manager Employment Agreement for a period of five years, from July 1, 2015 through July 31, 2020; WHEREAS, the Board wishes to amend the terms of the General Manager Employment Agreement as outlined in Amendment No. 2; THEREFORE, BE IT ENACTED by the Board of Directors of the District that effective thirty days from the date of passage of this ordinance the following actions occur: 1. The General Manager's Employment Agreement term shall be July 1, 2015 through July 31, 2020 2. Amendment No. 2 of the General Manager's Employment Agreement shall be approved 3. That the District Clerk is directed to publish this ordinance in accordance with the laws of the State of California. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a regular meeting thereof duly called and held within said District on the fourth day of June 2014 by the following roll call vote: AYES: Directors Aguera, Ellis, Hemig and Laliotis NOES: None ABSENT: Director Bender ABSTAIN: None TRUCKEE D NNER PUBLIC UTILITY DISTRICT By Tony Laliotis, President of the Board ATTEST: • Michael D. Holley, Clerk of the Board 11 • AMENDMENT No. 2 To TRUCKEE DONNER PUBLIC UTILITY DISTRICT EMPLOYMENT AGREEMENT GENERAL MANAGER This Amendment No. 2 to the Truckee Donner Public Utility District Employment Agreement General Manager is made and entered into this fourth day of June, 2014, by and between the Truckee Donner Public Utility District, (hereinafter called"Employer"or"District") and Michael D. Holley, (hereinafter called"Employee"or"Holley") as follows: WHEREAS, the Employer and Employee desire to amend the Truckee Donner Public Utility District Employment Agreement General Manager entered into between them on March 17, 2010 and amended by Amendment No.1 to Truckee Donner Public Utility District Employment Agreement General Manager on November 15, 2012 ("Agreement"); and WHEREAS, the District's Board of Directors approved the terms and conditions set forth in this Amendment No. 2 through the adoption of Ordinance No. 2014-04 during its regular meeting on June 4, 2014. • NOW THEREFORE, the Employer and Employee agree as follows: The Agreement is amended to include the following provisions, which shall supersede any conflicting provisions in the Agreement. 1. The term of this Agreement shall be extended so as to continue through July 31, 2020. 2. On July 1, 2015 the Base Salary shall increase 8.5%. 3. On the date that this Amendment No.2 is fully executed by the Parties, the Employee's vacation accrual shall increase to 25 days per year. For the calendar year 2014,Employee's vacation accrual shall be prorated based an annual accrual of 25 days per year. 4. Section 7.C.of the Agreement, as set forth in Amendment No. 1, is amended in its entirety to state as follows: "C. For and in consideration of Employee's performance of duties as the Employer's Water Utility Manager, in addition to the performance of the other duties described in Section 2, above, Employer shall annually make a lump sum contribution to Employee's Supplemental Income Plan equal to five percent (5%) of Employee's Base Salary. Each annual lump sum contribution shall be made during July, with the first contribution being • made in July 2010. Each annual lump sum contribution shall be calculated as five GM Amendment 2 1 • percent (5%) of Employee's Base Salary at the time the contribution is made. The lump sum payment described in this Section shall be considered to be Management Incentive Pay as it relates to CALPERS's definition of compensation. Employer shall continue to make the lump sum contribution described herein for so long as Employee continues to perform the duties of Employer's Water Utility Manager and thereafter until the first to occur of either (1) the expiration of six (6) months after the date that Employer fills the position of Water Utility Manager with a different employee, or (2) the expiration or teiiuination of this Agreement." 5. A new Section 10.E. is added to the Agreement and states as follows: "E. All payments required under Sections 10. B. and C. are subject to and shall be interpreted to comply with the limitations set forth in Government Code Section 53260. Further, in the event the General Manager is convicted of a crime involving an abuse of office or position, the General Manager shall reimburse the District for any paid leave or cash settlement (including payments made pursuant to Sections 10.B. and C.) as provided by Government Code Sections 53243-53243.4." Except as expressly stated herein, all other teiiris and conditions of the Agreement shall remain• unchanged and in full force and effect. June 4 , 2014 June 4 , 2014 Date Date Employer: Employee: "7-:,.--:--1'----Z, (.:------ P bi-Y---- Tony Laliotis Michael D. Holley President of the Board Truckee Donner Public Utility District • GM Amendment 2 2