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HomeMy WebLinkAbout16-03 • • RESOLUTION NO. 16-03 RESOLUTION OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO THE CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND MAUREEN CASSINGHAM WHEREAS, the City Council of the Town of Los Altos Hills has read and considered that certain Amendment No. 2 to the City Manager Employment Agreement ("Amendment") between the Town and Maureen Cassingham; NOW, THEREFORE, the City Council of the Town does RESOLVE as follows: 1. Public interest and convenience require the Town of Los Altos Hills to enter into the Amendment described above; and 2. The Town of Los Altos Hills hereby approves the Amendment and the Mayor is hereby authorized on behalf of the Town to execute the Amendment between the Town of Los Altos Hills and Maureen Cassingha m. PASSED AND ADOPTED this�� 2 day of , 2003. By: Mayor ATTEST: 7 _ - City Clerk • • AMENDMENT NO. 2 TO CITY MANAGER EMPLOYMENT AGREEMENT THIS AMENDMENT NO. 2 is made and entered into effective March 1, 2003 as an amendment to the City Manager Employment Agreement dated February 15, 2001 ("Agreement"), by and between the Town of Los Altos Hills ("Town") and Maureen Cassingham"). RECITALS A. The Town and Cassingham entered into the Agreement to set forth the terms and conditions by which Cassingham serves as City Manager for the Town. B. The Town now desires to amend the Agreement to increase Cassingham's Base Salary, to increase the number of administrative leave days available to Cassingham during the calendar year, and to grant Cassingham an extension of certain employment benefits for three months following her termination date, if she is terminated not for cause. AGREEMENT NOW, THEREFORE, in consideration of their mutual covenants, Town and Cassingham do hereby agree as follows: 1. Base Salary. The Base Salary set out in Paragraph 3 of the Agreement is hereby amended to be One Hundred Twenty-One Thousand Three Hundred Fifty-Nine Dollars and Forty Cents ($121,359.40) per year. 2. Increase in Administrative Leave. The first sentence of Paragraph 4.6 ("Administrative Leave") of the Agreement is hereby amended to read as follows: "Cassingham shall receive ten (10) days of administrative leave per calendar year." 3. Severance Benefit. Paragraph 7.3 ("Severance") of the Agreement is hereby amended to read as follows: "7.3 Severance. a. Termination Not for Cause. Where termination of Cassingham's employment is not for cause, Cassingham shall receive the Severance Payment and the Severance Benefit as provided in this Paragraph 7.3. Cassingham is entitled to no other payment or benefit upon such termination. '• • b. Severance Payment. The Severance Payment shall consist of an amount equal to three (3) months of Base Salary. The Severance Payment shall be delivered to Cassingham in full within ten (10) days of Cassingham's termination date. Delivery and acceptance of the Severance Payment shall comprise a full settlement and release between Cassingham and Town of any and all claims or damages and causes of action under this Agreement or its performance. c. Severance Benefit. The Severance Benefit shall extend certain employment benefits to Cassingham for ninety (90) days following her termination date, as specified herein. As of Cassingham's termination date, she shall cease accruing vacation time, sick leave, holidays, administrative leave or any other benefit except as provided herein. The Severance Benefit only extends the following employment benefits: 1) Health and Dental insurance as provided in Paragraph 4.1 herein; 2) Life Insurance as provided in Paragraph 4.2 herein; 3) Disability Insurance as provided in Paragraph 4.3 herein; and 4) Payment of both Cassingham's and Town's shares of contributions to PERS on behalf of Cassingham, as provided in Paragraph 4.4 herein. d. Termination for Cause. Where termination of Cassingham's employment by the Town is for cause, Cassingham is not entitled to either the Severance Payment or the Severance Benefit. "Cause" is defined as any one or more of the following: 1) Misappropriation by Cassingham of any funds or property of the Town; 2) Gross neglect or willful refusal to comply with the duties of City Manager as set forth in this Agreement; 623160-1 • • 3) Cassingham's being convicted of any crime involving moral turpitude or personal gain." IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.2 on the dates set forth below. Date: ka•Vek , 2003 TOWN OF LOS ALTOS HILLS By: /( Mayor ATTEST: ". City Clerk Date:� el/ , 2003 aureen Cassingham 623160-1