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Item 34 - Appointment of Interim City Manager
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Item 34 - Appointment of Interim City Manager
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11/29/2023 3:01:20 PM
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11/29/2023 2:15:56 PM
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City Clerk
Doc Type
Agenda Packet
Agency
City Attorney's Office
Item #
34
Date
11/21/2023
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<br /> <br />Interim City Manager Agreement <br />2 <br />1. Position and Duties. <br /> <br />1.1 Position. Retiree accepts employment with City as its Interim City Manager and <br />shall perform all functions, duties and services set forth in Section 1.4 [Duties] of this <br />Agreement. Retiree shall provide service at the direction and under the supervision of the City <br />Council. It is the intent of the Parties that Retiree, as the Interim City Manager, shall keep the <br />City Council fully apprised of all significant ongoing operations of City. Toward that end, <br />Retiree shall report directly to the City Council and will periodically, or as may be otherwise <br />specifically requested by the City Council, provide status reports to the City Council on his <br />activities and those of the City. <br /> <br />1.2 Term. This Agreement shall become effective on November 21, 2023 unless a <br />later date is agreed on by the Parties. This Agreement shall expire upon whichever of the <br />following events occurs first: (i) upon the employment commencement date of a regular City <br />Manager employed by City; or (ii) upon termination of this Agreement by either Retiree or City <br />as provided in Section 4 [Termination] of this Agreement. <br /> <br />1.3 At-Will. Retiree acknowledges that he is an at-will, temporary employee of City <br />who shall serve at the pleasure of the City Council at all times during the period of his service <br />hereunder. Nothing in this Agreement is intended to, or does, confer upon Retiree any right to <br />any property interest in continued employment, or any due process right to a hearing before or <br />after a decision by the City Council to terminate his employment, except as is expressly provided <br />in Section 1.2 [Term] or Section 4 [Termination] of this Agreement. Further, nothing contained <br />in this Agreement shall in any way prevent, limit or otherwise interfere with the right of City to <br />terminate the services of Retiree, as provided in Section 1.2 [Term] or Section 4 [Termination] of <br />this Agreement. <br /> <br />1.4 Duties. Retiree shall perform those duties and have those responsibilities that are <br />commonly assigned to a city manager of a city in California, and as may be further set forth in <br />the City’s Charter and Municipal Code, as well as those duties set forth in the City’s <br />classification specification for City Manager. <br /> <br />1.5 Hours of Work. Retiree shall devote the time necessary to adequately perform his <br />duties as Interim City Manager. It is recognized that Retiree will devote a great deal of time outside <br />the normal office hours-schedule, and to that end, he shall be allowed to establish an appropriate <br />work schedule recognizing that the normal City work schedule is Monday through Thursday, 7:30 <br />AM to 5:30 PM and every other Friday, 8:00 AM to 5:00 PM. However, in no event shall Retiree <br />be required to work in excess of 960 hours per fiscal year for City, including hours worked for <br />other CalPERS agencies during such fiscal years, unless an exception applies. The position of <br />Interim City Manager shall be deemed a non-exempt position under federal and California wage <br />and hour law. <br /> <br />2. Compensation. <br /> <br />2.1 Rate of Pay. For all services performed by Retiree as the Interim City Manager <br />under this Agreement, City shall pay Retiree compensation at the rate of one hundred fifty-six
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