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CITY OF GLENDALE
CITY CLERK EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) is made and entered into this 26th day of
June 2018 by and between the Mayor and Council of the City of Glendale, Arizona (“City”) and
Julie K. Bower (“Employee”) (together “Parties”).
1.
Term: The term of this Agreement shall commence on July 1, 2018 and conclude on June
30, 2021, covering an initial period of 36 months. Unless by December 31, 2018, written
notice is given by either party stating that the period of the Agreement shall conclude
June 30, 2021, the period of this Agreement shall again become three (3) contract years
running from July 1, 2019, through June 30, 2022. The Agreement thereafter becomes a
full three (3) year commitment and the same notice provision shall apply every December
31 thereafter, permitting either party to stop the Agreement’s automatic extension
rotation and set a termination date on the June 30th which is three (3) full contract years
subsequent to the applicable December 31 notice date, provided that timely notice is
given hereunder. If notice is provided stopping the automatic extension rotation, the
rotation will not start anew unless and until both parties agree in writing to renew the
automatic extension rotation.
1.1. During the Term of this Agreement, Employee will perform all duties of the
position of the City Clerk as set forth in the City’s Charter and Glendale
Municipal Code as is reasonable and necessary to fulfill such professional
responsibilities as are reasonably required in the role of city clerk of the City.
1.2. During the term of this Agreement, Employee will neither apply for, seek out,
interview or accept employment with any other outside organization without the
express written consent of the City. In the event that the City exercises it’s right
to not extend the term of the Agreement, Employee may apply for, seek out,
interview or accept employment with any outside organization. 1
2.
Performance Evaluation: The City Council may conduct a performance evaluation
annually in May of each year or as soon after May as is practical. The Council may use
an outside third-party consultant with an area of specialization in public management to
assist the Council in performing the annual review. Performance will be evaluated based
on achievement of the agreed-upon goals. During the performance evaluation, the
Council and Employee may consider supplementing and/or amending the goals. Changes
to base compensation and to all other benefits for Employee may also be addressed at the
time of each annual performance evaluation.
3.
Base Compensation: The Base Compensation paid to Employee shall be the sum of
$141,000 for each year of the Term.
1 Pursuant to Motion
2
3.1. Periodic Salary Adjustments. This Agreement shall be automatically amended to
reflect any salary adjustments as they apply to non-represented employees in the
City.
3.2. Merit Pay Increase. Upon evaluation of the Employee as set forth in Paragraph 2,
the City may, in its sole discretion, increase the compensation paid to the
Employee. Increased compensation may be in the form of a salary increase, a
distribution, or other compensation and/or benefits.
4.
Benefits: In addition to the Base Compensation, Employee shall receive all benefits
received by all full-time City personnel including, but not limited to, retirement, health,
life, dental and vision insurance, sick and vacation leave maximum accruals and holiday
benefits as set forth in the City’s Human Resources Policies and Procedures, subject to
the specific provisions of this Agreement.
4.4.1.
Vacation Time Roll Over. All vacation time, which would normally accrue after
having attained the accrual limit, shall be eligible to be rolled over into the Employee’s
paycheck as normal hours worked or into a retirement account, at the Employee’s
election.
5.
Personal Time: It is understood and agreed that Employee will be required not only to
work during normal office hours but also will spend considerable time outside of these
hours including, but not limited to, attendance at Council meetings. It is agreed and
understood that Employee is allowed personal time off as compensation with said time to
be determined at Employee’s discretion.
6.
Professional Development: The City agrees that in order to assist the City, and assist
Employee in personal and professional development, the City Council will annually set
aside an amount for Employee’s dues and membership in professional organizations
including the International Institute of Municipal Clerks. This amount shall include a
sum sufficient to allow Employee to participate in, and travel to, seminars that may be
held outside of the metropolitan area and outside the State of Arizona.
7.
Intentionally Left Blank
8.
Deferred Compensation: Employee shall be entitled to annual deferred compensation as
follows:
Year 1: seven percent (7%) of Employee’s base salary,
Year 2: eight percent (8%) of Employee’s base salary,
Year 3 and any subsequent years: nine percent (9%) of Employee’s base salary.
Employee shall make an election thirty (30) days prior to each fiscal year directing the
City how the City employee will receive the benefit. Benefit will be paid in equal
installments during each pay period.
9.
Termination of the Agreement: Either party to this Agreement may terminate this
Agreement pursuant to the following terms:
Formatted: Underline
Formatted: No underline
Formatted
Formatted: No underline
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9.1. Employee Terminates. Should Employee desire to terminate this Agreement,
Employee shall provide written notice of intent to terminate at least sixty (60)
days prior to the actual date of termination. Council may, by the affirmative vote
of four members of the Council, at a regular or special Council meeting, agree to
allow Employee to terminate the Agreement on less than a sixty (60) day written
notice or to relieve Employee of further duties at any time during the sixty (60)
day period provided, however, that full compensation be paid to Employee up to
and including the date of termination. The additional compensation set forth in
Section 9.3 shall not be paid if Employee terminates this Agreement pursuant to
this Section 9.1
9.2. City Notice to not renew. The City Council may, by an affirmative vote of four
members of the Council at any regular or special meeting, 2 decide to provide
written notice to Employee 3providing notice to not renew the Agreement, in
accordance with Section 1, setting forth a termination date of the Agreement
employment. In addition to Employee’s base compensation, benefits and sick and
vacation leave accruals due to Employee will be paid, subject to Human
Resources Policies and Procedures, 4will be paid up to and including the date of
termination, plus severance as detailed in 9.3. The Council may, by the
affirmative vote of four members of the Council, at a regular or special Council
meeting, at any time during the remainder of the term relieve Employee of further
duties, however, that full compensation shall be paid to Employee up to and
including the date of termination, including severance in Section 9.3. 5No
additional compensation shall be due Employee upon termination.
9.3. Severance. If this Agreement is terminated under 9.2 Employee shall be entitled
to payment of 3 9 months base pay at the then-current rate of pay. This payment
shall be paid in a lump sum unless otherwise agreed to by the City and Employee.
9.3.1. As good and valuable consideration for the payment of severances as set
forth in Section 9.3, above, Employee agrees to execute and deliver to
City a severance agreement, acceptable to both Parties, which shall
include (a) full release of the City and its agents, and employees from all
claims, including but not limited to, demands, damages, causes of action
or liability arising out of Employee’s employment or termination of
employment with City, (b) agreement not to initiate or cause to be initiated
any lawsuit, claim or grievance proceeding or investigation of any kind,
under any contract, law or regulation pertaining to employment with the
City, (c) acknowledgement that the City will provide no more than neutral
references for Employee, but that Employee may be required to disclose
any and all records relation to such termination pursuant to a valid records
request for public records and (d) employee making himself reasonable
2 Pursuant to Motion
3 Pursuant to Motion
4 Pursuant to Motion
5 Pursuant to Motion
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available as needed by the City for consulting purposes for a period of
time equal to the number of months of severance paid.
9.4. Termination for Cause. The City Council may, by an affirmative vote of four
members of the Council at any regular or special meeting, provide written notice
to Employee providing notice to terminate this Agreement for Cause. “For
Cause” is defined as conviction of, or plea of guilty or nolo contendere to (a) a
felony (other than traffic violations), (b) a crime involving moral turpitude, or (c)
a criminal act which adversely affects the business or reputation of the City. If the
City terminates Employee’s employment For Cause, the employee be paid all
earned benefits required to be paid to the Employee pursuant to this Agreement,
and Law, However, Employee shall not be eligible for severance set for in Section
9.3.
10.
Professional Liability: Unless prohibited by law, City agrees to defend, hold harmless
and indemnify Employee from all demands, claims, suits, acts, errors, or other omissions
in legal proceedings brought against Employee in his individual capacity or in his official
capacity, provided the incident arose while Employee was acting within the scope of his
employment.
11.
General Provisions:
11.1. This Agreement constitutes the entire agreement between the Parties and both
Parties acknowledge that there are no other agreements, oral or otherwise.
11.2. The Parties hereby further agree that this Agreement cannot be amended or
modified without the written concurrence of both Parties.
11.3. If any provision or portion of this Agreement is held to be unconstitutional,
invalid, or unenforceable, the remaining portion will remain unaffected and City
and Employee will enter into negotiations to correct the Agreement’s defect in
order to further the intent of the Agreement to be carried out to the fullest extent
possible.
11.4. City shall not at any time during the term of this agreement reduce the salary,
compensation or other financial benefits of Employee, except to the degree of
such a reduction across-the-board for all employees of the City.
11.5. City and its Council will not unreasonably withhold appropriation authority to
fund salary, benefits and any other provisions of this Agreement.
11.6. This Agreement will be interpreted in accordance with the laws of the State of
Arizona.
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The parties enter into this Agreement effective as of the date shown above.
EMPLOYEE:
CITY:
Julie K. Bower
Jerry Weiers
Mayor
ATTEST:
Julie K. Bower
(Seal)
City Clerk
APPROVED AS TO FORM:
____________________________________