HomeMy WebLinkAboutRES 1984-26 - Board RESOLUTION NO. 84 26
OF THE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
AUTHORIZING THE EXECUTION OF A CONTRACT
WITH PETER L. HOLZMEISTER
WHEREAS, the Board of Directors of the Truckee Donner Public Utility
District has, by Resolution No. 8416 adopted April 2, 1984, appointed
Peter L. Holzmeister General Manager; and
WHEREAS, the Board of Directors of the Truckee Donner Public Utility
District established the annual compensation of Peter L. Holzmeister by
Ordinance No. 8402 adopted April 2, 1984; and
WHEREASp it has been determined that a Management Employment Agreement
should be entered into by the District and Mr. Holzmeister;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors as follows:
1. That the President is hereby authof ized and directed to
execute on behalf of the District the management Employ-
ment Agreement with Peter L. Holzm0" ister, a copy of which
7....
has been attached hereto and entit .ed Exhibit "A" ,
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner
Public Utility District at a meeting held w+thin said Di" trict on the 7th
day of May 1984, by the fol.4owing roll call vote:
AYES: Corbett, Duffy, Hamilton and MAass,
NOES: None.
ABSENT: Cooley,
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
J&e s A. Maass,, President
ATTEST:
46�
ict Clerk
Susan M. Craig, Deputy Di-5K
1--lAll"I"AGEMENT EMPLOYMENT 'AGREEMENT
This Agreentent i s entered into as of the day of
1984 , by and between the Truckee Donner Public
Utility District , a local public agency of the State of
California (the "District" ) and Peter j. Holzmeister (the
"Employee" ) respect to the following facts :
Ae The District is formed and operates pursuant to the
Puhlic Utilitir District t%ct , Public Utilities Code et
"t2q
Be The District is governed b%0? a five member elected Board
of Directors (the "Board" ) .
C. Public Utilities Code §16113 provides that the Bcz--ird
ma,v appoint a General I-"Lanager , whose responsibilities and powers
-e- described n Public utilities Code §16114 .
(AIL
Do
-tncea in the. management
Te is e
hxperie o": pubI4 c
1119 water a n d electric.-i
e Arl.titles , 1 rI ci u d i n g I .tits i e, t--J S provid...'
service ,
F. The Board desires to hire Employee as the District
Genera 1. Manager , and the Employee desires to accept-, such
�Mploynlerlt., subject to the terms and conditions set torth herein.
WHEREFOPE , the parties hereto- , agree as follov:s .
a Lim ploymente The District herf* W hires Emplovee ,
and Empioyee accepts employment with the District , upon the terms
-ind conditions set north lwae rein.
2 . Duties . Employee shall work full time. for the
4
District as its General Manager. Subject to such restrictions as
the District may impose , the Employee shall have full charge and
control of the construction of the works of. the Lei strlc+-" and
their maintenance and operation, and in particular shall be
responsible for the functions described on the job description
attached hereto as Exhibit A and incorporated herein by
reference . .1-NLe- Employee shall report to the Board in accordance
viith such rules and regulations as it may adopt . The Errployee
shall per;17--ora. Such other ser�rices as the District may dr-,tormine,
from time to The Emr)loyee sha l l perform such s e%ry ice s with
It
due diligence and in the best interests of the Listrict . The
11;niployee shall not erigage in any other employment , business or
prot- n ��;hi..iE Ie er",.p1oy(..!d by this District
essio
A"dditiolIZI.L Dutiese The Employee sha 1 i endeavor t0
M a L'Ir I to I rrc,c ssional competence by all alrzi " lable
A.r i t; proie
m e n s i 11C ltic A .
u C I
.' & -1.Vt.)t' i..o n to 1--1 n d r T_�eading c f prcpriat�
"' Q� s S
periodl.cals , r!I�Iinten- nce Ot membership in appropriat(1
professions o-1-g a n 1 r.-Y.a t 1(-).n s and a t te,nuance at professional
meetings at local state and national level , �.jit-h prior
District appic%ral . Exponse of such subscriptions , memberships
the District , sub ' to prior
-and naance te. subject atter he horne by
District approvais
4 , Relzitions With `''he Public. The Employee
acknowledqes that the position of General Manager is a posit.- ion
of -high visibility before the public . The Employee shall conduct
himself before the public , both during and outside of regular
working hours , in a manner that reflects 'favorably upon the
E-imployee and the Distr---'-ct ,
5 * Terms Of A5reement . The term of this 'Agreement
shall commence on May 1 , 1984 , and shall continue until April 30 ,
1986 * This Ag reement shall be extended automatically for an
additionc-il one year term, from IIay 1 , 1986 , to April 30 , 1987 ,
unless either party elects not to extend- the torm of. this
Agreement by giving to the other party at least 60 days 1)-t-. i o r
writ+,.-_en notice of such election. The term of this Agreement may
be terminated in accordance with the provisions of this
Agreement .
6 , Compensation. So long xis this Agreement is in
Ci ; ect , the E mp loyee sha-11 receive the following compensation:
SaIL-trve As coiipensation for tht., proper and
Satistactory perlorrn,-ince of- Zli,.I. dut.ies to he perforrned bY
F,T,nj--)I_oyeu he-reunder , the Doi_,.-_-)trict shall pay to the Employee a
I 0- sa 1-a r N $60 , 000 pc-Ar x,,ec-ir , payah l_e in 2.6 equal
L)( S o
Installments , in arrears on eve_ ry Other I ,-*-idav, tl-roughout
the year , less required deductions for . state and -federal
withholdinq tax , social security and other such Employee
taxes or Employee benefit (' --:",duct 1011S
(b) Vacat J.or, The Employee S311all be OTIt:itled to
15 workirtcj days of annu�il vacation with pay , exclusive of
Flo l idays .
-3-
(c) Holiday The Employee shall be entitled to
the Same p aid holidays as are provided to other District
OMV--se Ioye(,,s
(d) Health and Life Insurance. The Employee
shall be entitled to the same health and life insurance
benefits as are p rovided to other District employees.
(e) Disabilit Insurance . The Employee shall be
4
entitled to the same disability insurance benefits as are
PIC)'k.7ided to other District employees ,
(f) Sick Leave ,, The Employee shall be entitled
sick leave per year as is
the same number of days of paid
r--ro%zided to other District emplovees.
( Pension. The Employee, shall be entitled to
g)
the same p ension benefits as are provided to other District
employees . Alternatively , if the Employee elects , the
of $1 , 100 per yerar , at
the ai.rounk.
D�,��t-r I' ct- %.;.i 11 c o n tributt
each anniversary datc-i of`-7 this Agreement ,, int.-o a pension fund und
selected, by the Employee *
(11) IWtomobi' le the Distx..-ict shall furnish to
the an automobile"' for use in connection n with the
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Pe.,-L.ormance of his duties , and for use in traveling between
his home alga the Di. strict office . The District shall pay
all oper
-i
ational and maintenance expense�sofo the L titomobile,,
it,.icludiny insurance . Except as set *,- -)rth above , and in -
emerqenci-es , the automobile shall riot be used by the
Employee for persondl trave%ling.
�4-
(i Reimbursement Of Expenses . The District
shall reimburse the Employee for all actual and necessary
expenses incurred by the Employee within the scope of
employment and while representing the DistrictS -
(j ) Accumulation Of Benefits. Vie benefits
described in this Paragraph No. 6 accrue on an annual basis ,
and Employee shall be entitled to accumulate unused-
vacation , sick leave , and other benefits in the same manner
as other District employees are entitled to accumulate such
benefit:. at the time of the execution of this Agreement ,
7 * Termination Of Agreement ,
A. The parties acknowledge that , pursuant to
PublJ..'eC, Utilities Code §161.12 , the Employee serves at the pleasure
and this Agreement may be
O.L. Board, and the Em.p' oyee
sole discretion cf the Board.
n a t -IL 1 1-1
e-r m L w ' t' out cause. n
However the parties recognize that ., i f- the Employee.' s
per,'A---ormance a.:s perceived to btu deficient in any area it is
generally in the best interests- cf the District and the Fmployee
to com-municate openly , to discuss Lany *differences with a view
toward 'resolving such' differences , and to give the Employee a
reasonable period of time to correct any - deficoiencies; i,.n his
performance . Therefore , in the event that the Board determines
that. Zi dtlf icienci(?S in the hrlplovee ' s performance a re
5-
sufficient to warrant termination of the Employee and this
Agreement, then at least 45 days prior to the effective date of
such termination, the Board shall deliver to the Employee a
written statement not i-I.-.ying the Employee of the anticipated
termination date and containing specific and detailed -
descriptions of (1) the areas in which the Employee ' s performance
is determined to be deficient , and (2) suggestions for
improvement . The Board Fshall also meet with the Employee to
d.LS-c,tiss the matters described in the statement. During the 45
cay period frog, the date of the written notice to the ant-ic-1pated
termination date , the parties shall make a sincere and serious
effort to rc-�salve their differences and to correct the areas ir-1
which the Employee ' s performance is deficient . If at the end of
the -4-n-aay period the Board in its sole discretion , determines
that the 6e.-E-iciencies in the Employee ' s performance are
to %,;arrant teriiI tion , then the Board may imediately,
,! nz a
e r m i na to t Ze Lr-
- p juee-y %%7 * thout a r nv further notice .
� 1
F-S 14otwithstanding anythirIg else contained in
this Paragraph No. 71 this Agreement may be terminated by either
Y
,party in tile c%r-ent of a m (-aterial by- ,ach of the Agreement 1.) the
other cartv , provided that written notice of such breach is
party
deliverec"l to tie breziching party at least 15 days prior t,o any
such terminatic.,,-,, and such breach is not cured within said 15-day
pe r lod
C. Notwithstanding anything else contained in
this Paragraph No* ' 71 this Agreement shall terminate
automatically, upon the death or permanent disability or
inca pacity of the Employee .
Do Notwithstanding anything else contained in
this Paragraph No. 7 , this Agreement may be terminated by the
District in the event Employee becomes unable for any reason
whatsoever to 1-N.(--lr.+L'-orm Employee ' s duties hereunder 41-'or a period or
periods aggregating more than 2 months during any consecutive 12
mon+C-h Period .
E. Notwithstanding anything else contained
this Paragraph No. 7 , the District may terminate this Agreement
without prior written notice in the event the Board, in its sole
discretion , determines that the Employee is in violation o'.'- any
provisions of the Public Utilities Code or the Government Code
-(-j,-1atinc; to the Disti- ict , r any official policies or regulations
C, -i l , stc-:ite , county or rnunicipcit pehal
the District , or anv- leder.-
ordinances*
St i'Medical. Examination. The Employee shali have a
comprehensive medical examination prior to his lffirst - day of work
with the District, and shall promptly file a report of said
niedical examination with the District. . In addition, V.mployee
,A
%:�ha 1 i ha%9'e a comv)roh- nsive medical examination at any time that-
the Beard requests such ap. exc-imination , and shall promptly file
report of saia medical examination with the District . A.1.1-1 costs
and expenses of said medical examinations and reports shall- be
paid by the District,
99 Performance Objectives,, On or before NovembE:r 1
1984 , the Employee shall meet with the Board to establish the
Employee ' s performance objectives for the following year. On or
prior to September. 1 of each succeeding year , the Employee shall
meet with the Board to establish performance objectives for the
next succeeding year . Performance objectives shall be redvded to
writing and shall be based upon the duties and responsibilities
SCI.-,t forth or+.--h in this Agreement , and other criteria mutuzilly agreed
upon b-%! the Employee and the Board.
10 Review of Pe-rformance . At least once each year,
and prior tc February of each year , the Board shall evaluate the
v-erformance o+.- the Employee according to a format provided by the
Employee and approved by the Board. In the event the Board
-
aeterr-J,,nes that the Performance cat the Employee ics snit A.
Sfactory ,
BBogard sha.11. so state ire wr T itinq , In +.--he event that. the Board
determines that the performance of the Employee is less than
satisfactory , the Board shall describe in written clet.ai I the
unsatisfactory performance , Lncludinq specific instances where
appropriate . Each area ranked unsat.isfactory shall be
supplemented v.,,ith recominendations foi improvement . The Employee
MaV, respond ora llv t,-)r -in writing to the board regarding 1the
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t�Va 1ua t 1 o n
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11 . District Res onsibilit The District Board of
Directors has primary responsibility for formulating and adopting
District policies. The Employee is the General Manager of the
District and has the primary responsibility for execution of
District policy . The parties shall cooperate fully to assist one
another in satisfying these responsibilities , and shall not
1
interfere with nor usurp the responsibilities of the other party.
12 Residence Within District . the Employee shall
at all times reside within the territory of the District .
13 . :Non-Assi.2nabi..lit Neither this Agreement nor
any interest herein, shall be assignedl transferred, hypothecated
or otherwise conveyed by either party.
14 . Attorneys tees . In the event of any litigation
concerning any controversy , claim or dispute between the parties
hereto , arising out of or relating to this Agreement or the
r the prevai'ling
bre,ich thereof- , t h interpretatJ,.ori thereof ,
partAr shal.1 be en titledt o. recov#,-,,-r- reasonable expens(--�s ,, at- torneys
fees , and costs incurred therein.
150 Entire Agreement . This Agreement c o i-).t(-i i ri s t h e
entire agreement of the parties hereto, and supercedes any prior
written or oral agreements . between them concerning the subject
matter contained herein . There are no representations ,
a,greements , arrangements , or understandings , oral or written,
between the parties hereto relating to the subject matter
c,oi')t.-'ained in this Agreement which are not fully expressed herein,
9-
The provisions of this Agreement inay be wi-aived , alto red , amended
or repealed in whole or in part -only upon the written consent of
all parties to this 1*%greentent.
16 * GoverniiA2 Law. The construction of this t'%glt-eement ,
and the rights and liabiiities hereto , shall be governed by the
laws of the State of California .
17 * Forum, Any liticjzition to enforce or i:i t-erpret
the provisions of this Agreement or the parties ' and
lia.b.41.3-ities aris-ing out of this Agreement, or the Prr..;,.orr,,ance
hereunder s h a 11 be maintained on1v in the N e-1 1%dr=i�1-a c,,i n.
Cali,.Ifornia Superior Court. ,
TRUCKEE LOONIER PUBS C
UTILITY DISTRICT
By •
PETER L* HOTjtI4EISTER A1,41ES A. MAASS, Pre' sident
.. f '
the Board ot' Directors
saw 10