HomeMy WebLinkAboutORD 2012-03 - Board TRUCKEE DONNER
III
Ordinance No. 2012 - 03
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 wish to comply with provisions of AB340, mandating employees to
pay 50% of the "normal costs" of their CalPERS pensionable wages.
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 revised to reflect that beginning
January 1, 2013; the employee shall pay 50% of the "normal cost" of the plan, up to 8% of
pensionable wages. The employee shall receive a contribution equal to 2.64% of his Base
.— Salary at the time the contribution is made into a flexible spending benefit. The contract
amendment is included as Exhibit"A".
2. 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 fifteenth day of November 2012
by the following roll call vote:
AYES: Directors Aguera, Bender, Hemig and Laliotis
NOES: None
ABSTAIN: None
ABSENT: None
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By ��
Tony Laliotis, President of the Board
ATTEST:
v v/�
,-- Michael D. Holley, Clerk of the Board
AMENDMENT No. 1
To
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
EMPLOYMENT AGREEMENT
GENERAL MANAGER
This Amendment No. 1 to the Truckee Donner Public Utility District Employment Agreement
General Manager is made and entered into this fifteenth day of November, 2012, 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
("Agreement"); and
WHEREAS, the District's Board of Directors approved the terms and conditions set forth in
this Amendment No. 1 through the adoption of Ordinance No. 2012-03 during its special meeting
on November 15, 2012.
NOW THEREFORE, the Employer and Employee agree as follows:
Section 7 of the Agreement, Retirement, is amended in its entirety to read as follows:
A. The Employer agrees to enroll the Employee into the CaIPERS retirement system in
accordance with the Employer's agreement with CaIPERS. Beginning on January 1,
2013, Employee shall pay 50% of "normal cost" of the plan, up to 8% of pensionable
wages.
B. The Employee shall receive a contribution equal to 2.64% of Employee's Base Salary at
the time the constitution is made into a flexible spending benefit. This amount will not be
reportable to CaIPERS as wages, and can be used at the employee's discretion.
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 percent (5%) of Employee's Base Salary at the time the contribution is made.
Except as expressly stated herein, all other terms and conditions of the agreement shall remain
unchanged and in full force and effect.
Employer: / Employee:
Tony Laliotis Michael D. Holley
President of the Board
Truckee Donner Public Utility District