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HomeMy WebLinkAboutCity Council Resolution 775.6 RESOLUTION NO. 775.6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONTINUING THE EMPLOYMENT OF JOSEPB WAYNE DERNETZ AS CITY MANAGER FOR A SPECIFIED SALARY RATE AND TERMINATING THE CITY MANAGER INDEPENDENT CONTRACTOR AGREEMENT AND CITY MANAGER EMPLOYMENT AGREEMENT DATED APRIL 1, 1981, BY AND BETWEEN T~E CITY OF SARATOGA AND JOSEPH WAYNE DERNETZ WHEREAS, on April 1, 1981, the City Council approved the proposed City Manager Independent Contractor Agreement and City Manager Employment Agreement between the City of Saratoga and Joseph Wayne Dernetz; and WHEREAS, the City Manager Independent Contractor Agreement and City Manager Employment Agreement was executed by Joseph Wayne Dernetz and Linda Callon, Mayor of the City of Saratoga, on April 1, 1981; and WHEREAS, the City Manager's compensation was last reviewed and adjusted effective March 1, 1982, as set forth in Resolution No. 775.5; and WHEREAS, Joseph Wayne Dernetz has been given an opportunity to review the matters contained in this resolution, has been given an opportunity to respond and contribute, and his input has been considered by the Saratoga City Council; NOW, THEREFORE, BE IT RESOLVED: 1. The City Manager Independent Contractor Agreement and City Manager Employment Agreement dated April 1, 1981, between the City of Saratoga and Joseph Wayne Dernetz is hereby terminated, effective April 30, 1983. 2. Resolution No. 775.5 is hereby revoked. 3. Joseph Wayne Dernetz (hereinafter referred to as "Dernetz") shall continue to be employed by the City of Saratoga as the City Manager for the City of Saratoga to perform the duties and responsi- bilities set forth in Division 2, Article 3, of the Saratoga Municipal Code, as amended from time to time, at the salary rate of $4,350 per month, effective March 1, 1983. -1- 4. The City of Saratoga (hereinafter referred to as "City") shall pay to Dernetz a certain amount per month for insurance benefits, including health, life, long term disability, and dental coverage, which shall be in the same amount as provided for other management department heads. Said contribution by City shall be in the amount of $250 per month beginning retroactively on March 1, 1983. 5. City will not provide a City-owned vehicle for use by Dernetz in connection with the carrying out of City business. City will pay Dernetz the sum of $250 per month as and for reimbursement for the use of his own personal vehicle for the carrying out of City business. 6. City will pay for, contribute to, or otherwise provide additional benefits for Dernetz consisting of deferred compensation, Public Employees' Retirement System, sick leave, vacation, holidays and management leave in the same amounts and to the same degree as the City pays for, contributes to, or otherwise provides its management department heads. 7. City will give Dernetz no less than ninety (90) days written notice of any termination of employment except that termination of Dernetz for misfeasance or malfeasance shall require no prior notice. By continuing to be employed as City Manager under the terms and conditions hereof, Dernetz agrees to give City no less than thirty (30) days written notice of any voluntary termination by Dernetz. 8. City will evaluate the performance of Dernetz and review and discuss salary and benefits in the month of September, 1983, and any modification or changes resulting therefrom shall take effect October 1, 1983. 9. Prior to September 30, 1983, in no event shall any terms or conditions of this resolution be reduced or eliminated without the City having first given Dernetz no less than ninety (90) days prior written notice of the City Council's intent to do so, except that the terms or conditions of this resolution may be reduced or eliminated at any time without ninety (90) days prior written notice by mutual agreement between City and Dernetz. -2- The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 16th day of March , 1983, by the following vote: AYES: Councils Clevenger, Fanelli, ~]lory, Moyles and Mayor Callon NOES: None ABSENT: None Mayor ATTEST: Deputy Ci rk -3-