HomeMy WebLinkAboutReso - CC - 080-2012RESOLUTION NO. un_012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPOINTING LISA K. GOLDMAN, CITY MANAGER AND APPROVING AND
AUTHORIZING THE MAYOR AND COUNCILTO EXECUTE AN
EMPLOYMENT AGREEMENT WITH LISA K. GOLDMAN
(Effective January 1, 2013)
WHEREAS, at a regular meeting on January 3, 2012, the City Council of the City of Burlingame
appointed Jim Nantell as Interim City Manager of the City of Burlingame, and
WHEREAS, the City Council appointed Councilmembers Brownrigg and Baylock as an ad hoc
subcommittee of the Council, to meet with Human Resources Director Deirdre Dolan to begin the
process of recruiting a new City Manager, and
WHEREAS, the subcommittee directed Human resources Director Dolan to retain the services
of a professional recruitment firm, Peckham -McKinney to initiate a search for a new City Manager, and
WHEREAS, as a result of the recruitment efforts numerous applications were received and
screened and subsequently the full City Council interviewed eight candidates, and
WHEREAS, on October 30, 2012, after it had interviewed the top three finalists, the City
Council reviewed, discussed and considered the candidates and then unanimously selected Ms. Lisa K.
Goldman to be the next City Manager of the City of Burlingame; and
WHEREAS, the City Council considered during the regular City Council meeting of November
19, 2012, the appointment of Lisa Goldman as City Manager and at that time publicly discussed and
considered the draft Employment Agreement and the appropriate salary to be included therein, and
WHEREAS, the City Council desires to appoint Lisa Goldman as the City Manager for the City
of Burlingame and to enter into the employment agreement with Lisa Goldman; and
WHEREAS, Lisa Goldman is qualified and willing to perform the duties and services of the
position of City Manager of the City of Burlingame:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
1. The City Council hereby appoints Lisa Goldman to serve as the City Manager for the City
of Burlingame, effective January 1, 2013.
2. The City Council hereby approves the Employment Agreement between the City and Lisa
Goldman.
Page 1 of 2
3. The City Council hereby authorizes the Mayor and the Council to execute the finalized
Employment Agreement between the City of Burlingame and Lisa Goldman, a copy of which is
attached hereto and incorporated herein.
Ann KeighranC�7ayor
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the
City of Burlingame held on the 19th day of November, 2012, by the following vote, to wit:
AYES: Councilmembers: BAYLOCK,BROWNRIGG, DEAL, KEIGHRAN, NAGEL
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
/Y", � � 7 �
City Clerk
Acting
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AGREEMENT BETWEEN THE CITY OF BURLINGAME
AND LISA K GOLDMAN FOR EMPLOYMENT AS CITY MANAGER
OF THE CITY OF BURLINGAME
THIS AGREEMENT is entered into this 19th day of November 2012, by and
between the City of Burlingame, a Municipal Corporation existing under the laws of the Slate of
California, herein called the "City", and Lisa K. Goldman ("Ms. Goldman").
RECITALS
A. The City is seeking a new City Manager and desires to employ Ms. Goldman in that position
pursuant to the terms and conditions of this Agreement and consistent with Chapter 3.04 of the
Burlingame Municipal Code.
B. Ms. Goldman has the education and experience for the position of City Manager and is willing
and able to assume the duties and responsibilities of that position pursuant to the terms and
conditions of this Agreement.
AGREEMENT
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Employment and Duties. Ms. Goldman shall serve as City Manager of the City and as an
employee of the City for all purposes as provided in Burlingame Municipal Code, Chapter 3.04,
the California Government Code, and other applicable ordinances, resolutions, and laws. Ms.
Goldman shall also serve as Executive Director of the Burlingame Financing Authority. Ms.
Goldman shall perform such further duties as the City may direct.
2. Time of Performance. Ms. Goldman shall begin employment with the Cityno later than January
1,2013.
3. Devotion to Duties. During such time as Ms. Goldman is employed pursuant to this Agreement,
Ms. Goldman shall not accept or undertake any employment which would interfere with, conflict
with, or be inconsistent with her duties and obligations under this Agreement or which would
interfere with, conflict with or be inconsistent with her duties under any State, Federal or City
laws or regulations.
4. Nonassi lability. The services to be performed under this Agreement are unique and personal to
Ms. Goldman, and she is being employed solely because of her personal qualifications, qualities,
and character. No portion of these services shall be assigned or subcontracted 'tri any way.
5. Monthly Compensation Upon beginning employment with the City, City shall pay
Ms. Goldman a salary of SI 7,833.33 per month. This compensation shall be paid on the
same payment schedule as City Department Heads, which is currently biweekly.
6. Deferred Compensation Contribution. City shall contribute the same amount per year to Ms.
Goldman's 457 deferred compensation account as for the City Department Heads.
7. Employment Benefits. Except as expressly amended by this Agreement, City shall provide Ms.
Goldman with the same benefits, including retirement, holidays, medical, dental, long -tern
disability, vision, life insurance, professional development, unreimbursed health, and
administrative leave benefits, as provided to the City Department Heads.
8. Vacation Accrual. Upon employment pursuant to this Agreement, Ms. Goldman shall accrue
fifteen (15) vacation days per year. Except as provided in this paragraph, Ms. Goldman's
vacation leave shall be the same rules as for the City Department Heads.
9. Service Club Participation. City shall reimburse Ms. Goldman for her membership and necessary
participation in one service club in Burlingame of Ms. Goldman's choosing.
10. Professional Memberships and Training. In addition to the benefits provided by the Professional
Development/Unreinibursed Health Account benefit should such benefits be reinstated, City shall
pay for Ms. Goldman's membership in the International City Managers Association. It is the
intention of the parties that Ms. Goldman's department budget shall include Ms. Goldman's
attendance at professional associations, city associations, and profcssional training, and that Ms.
Goldman's expenses in connection with those associations and training shall be paid for or
reimbursed pursuant to that budget and City policies governing travel and reimbursement.
11. Perforniance Review. At least once per year, the City Council shall meet with Ms. Goldman and
review her performance. During this performance review, the City Council and Ms. Goldman
may agree on performance objectives and priorities for the coming year for Ms. Goldman
12. Termination of Agreement by Ms. Goldman. Ms. Goldman may tenninate this Agreement at any
time upon giving at least sixty (60) days written notice to the City.
13. Termination of Agreement by City,
a. Pursuant to the Burlingame Municipal Code, the City may terminate this Agreement at any
time, with or without cause, pursuant to the provisions of the Burlingame Municipal Code.
b. Except as required by State or Federal law, no further payment to Ms. Goldman shall be
required pursuant to this Agreement if the City terminates this Agreement for the following
reasons:
i. If Ms_ Goldman dies.
ii. If Ms. Goldman is convicted of a felony or misdemeanor involving moral turpitude or
personal gain from public employment.
iii.. If the Citv Council determines that Ms. Goldman has violated City policy regarding
sexual harassment or drug or alcohol usage, or has violated State or Federal law with
regard to civil rights, and the City Council determines that termination from City
employment is the appropriate sanction,
iv. if the City Council determines that Ms. Goldman has stolen public monies.
c. In the event that the City terminates this Agreement for a reason not stated in subparagraph
(b) above and Ms. Goldman is still willing and able to perform her duties under this
Agreement, City shall pay to Ms. Goldman upon termination of the Agreement an amount
equal to six (6) months of then -current monthly compensation, in addition to the payment of
the accrued benefits as provided to the City Department Heads upon resignation or
termination.
19. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed
postage prepaid, and addressed to:
To City: City Clerk
City of Burlingtuue
501 Primrose Road
Burlingame, CA 94010
To Ms Goldman: Ms. Lisa Goldmmn
500 Vernon Street. #402
Oakland, CA 94610
20. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall
operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver
of a breach or default ander this Agreement constitute a continuing waiver of a subsequent breach
of the same or any other provision of this Agreement.
21. Binding Effect. This Agreement was negotiated and drafted by both parties. This Agreement is
binding on the heirs and executors, administrators, and conservators of Ms. Goldman.
22. Governing i.aw. This Agreement, regardless of where executed, shall he governed by and
construed according to the laws of the State of California. Venue for any action regarding this
Agreement shall be in. the Superior or Municipal Court of the Comity of San Mateo or Santa
Clara,
23. Non-LiabiliLy of Officials and Lmplotiees. No official or employee of the City shall be
personally liable for any default or liability under this Am-eetnent except Ms. Goldman.
24. No Rights in Third Parties. Nothing contained in this Agreement is intended to nor shal l it be
construed to create any right ofaetion or any kind in any third party.
25. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is
effective unless made in writing and signed by the City and Ms. Goldman.
26, Entire Agreement. This Agreement constitutes the complete and exclusive statement of the
Agreement between the City and Ms. Goldman. No terns, conditions, understandings or
agreements purporting to modify or vary this Agreement, unless hereafter made in writing and
signed by the party to be bound, shall be binding on either panty.
1N WITNESS WHEREOF, the City and Ms. Goldman have executed this Agreement as of the date
indicated on page one (1).
CPfY OF BURLINGANIE LISA K GOLDMAN
Terry Nagel, C uncil Member /"\
ATTEST:
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+Maij,Bllea-Krem7 ep, City Clerk
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Forms
_,Vim/" -- l AMSdninan, City Attorney
Jerry al, Coon 1 Member