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Home My WebLink AboutPR 15136: STEPHEN FITZGIBBONS - TERMS OF EMPLOYMENTinteroffice MEMORANDUM To: Mayor, City Council and City Manager S~~`~_ From: Mark T. Sokolow, City Attorney /~-u./j Date: March 5, 2009 Subject: P. R. No. 15136; Council Meeting March 10, 2009 Attached is P. R. No. 15136 pertaining to the terms of employment of Stephen Fitzgibbons as City Manager and authorizing the Mayor to execute a new agreement pursuant to Article V, Section 1, of the City Charter. (Requested by Mayor Prince). Exhibit "B" will be presented at or before the Council meeting. MTS:ts Attachment Copy to: Director of Human Resources z.pr15136_memo P. R. No. 15136 03/05/09 is RESOLIITION NO. A RESOLIITION PERTAINING TO THE TERMS OF EMPLOYMENT OF STEPHEN FITZGIBBONS AS CITY MANAGER AND AIITHORIZING THS MAYOR TO SXECIITE A NEW AGREEMENT PIIRSIIANT TO ARTICLE V, SECTION 1 OF THE CITY CHARTER (REQIIESTED BY MAYOR PRINCE) WHEREAS, the City Council approved the Fourth Revised Letter of Agreement, as denoted in Exhibit "A", with Stephen Fitzgibbons as the City Manager, per Resolution No. 04-306 on September 14, 2004; and WHEREAS, the City Council desires to execute a new agreement for the terms of employment of Stephen Fitzgibbons as the City Manager of the City of Port Arthur. NOW THEREFORE, BE IT RESOLVED BY THE CITY COIINCIL OF THE CITY OF PORT ARTHIIR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the Mayor, on behalf of the City Council, is hereby authorized to execute a new Agreement with Stephen Fitzgibbons, in substantially the same form as .denoted in Exhibit ,.B„ Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of z.pr15136 A.D., 2009, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor Councilmember NOES: MAYOR ATTEST: TERRI HANKS, ACTING CITY SECRETARY APPROVED AS TO FORM: /"L,,-mot ~i~..~-~ CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER z.pr15136 EXHIBIT "A" OSCAR G. ORTIZ, MAYOR JOHN BEARD, JR., MAYOR PRO-TEM COUNCIL MEMBERS: CRAIG HANNAH FELIX A BARKER THOMAS J.HENOERSON MARTIN FL000 RONNIEH.THOMPSON DELORIS PRINCE MICHAEL °SHANE° SiNEGAL September 17, 2004 Stephen B. Fitzgibbons 2221 4th Street Port Arthur, TX 77640 Re: Fourth Revised Letter of Agreement Dear Mr. Fitzgibbons, MARK L SOKOLOW am ATrDRNEr As you are aware, the Charter of the City of Port Arthur provides that the City Council shall specify the employment conditions for the City Manager. This Letter of Agreement outlines the general terms and conditions of your continued employment (as an at-will employee) of the City of Port Arthur. The following terms and conditions apply: A. Salary Information Your salary was placed at Range 77, Step 7 ($86,468 annualized), effective February 10, 1998. As of October 1, 1999, the salary for Range 77, Step 7 was $93,567. Your salary will be $ 123,000, effective October 1, 2004. You will be provided a $600 per month automobile allowance, effective January 1, 2002. B. Vacation and Sick Leave From the first day of employment, you were provided with two (2> weeks credit for vacation. Thereafter, you accrued and vested, and will continue to accrue and vest on a normal schedule according to existing personnel policy, e.g., normal policy accrues two (2) weeks of vacation z.city mgr_salary.ltr P.O. BOX 1089 • PORT ARTHUR. TEXAS 77641.1088 •4 0 919 6 3-61 26 • FAX 409!983-8724 at the end of the first year, and accrual of ten (10) hours of sick leave per month. C. Medical/Dental/Life/AD&D Your medical, dental, life and AD&D insurance will continue to be effective. Per City policy, 100 of the premium for your health insurance coverage will be paid by the City, and effective February 1, 2000, 100$ of the premium will be paid by the City for dependent coverage if you choose to cover your dependents under the plan. Also, the City provides $6,000 life insurance and $5,000 AD&D insurance for you at no cost. Additional optional coverage is available for both you and your dependents through payroll deductions. D. Severance Pay Should your employment with the City be terminated for any reason(s), except for malfeasance in office or if you voluntarily terminate, the City will pay you nine (9) months severance pay. E. Retirement You will remain a member of the Texas Municipal Retirement System. Your contributions into the plan will be 5$ of your salary and the City will match that contribution on a 2:1 basis. Effective February 1, 2000, the City will also contribute an annual amount of $4,500 to a deferred compensation plan of your choice. Effective January 1, 2002, the City will also contribute an annual amount of $3,500 to a pension fund designated by you. F. Business Expense Standard business expenses have been provided to you via the policies set forth in the City Personnel Policy. z.city mgr_salary.l tr G. Membership/Professional Dues Your membership dues in the International Managers Association, the Texas City Managers Association, and one (1) civic club membership will be paid by the City. H. House Hunting Trips The City has provided up to two (2) fully reimbursed house hunting trips for you and your wife. I. Performance Evaluation Your performance will be evaluated annually, based on a minimum acceptable standard of satisfactory or better accomplishments of defined goals and objections. J. Starting Date Your starting date was February 12, 1996. K. Drug and Alcohol Policy You have satisfactorily completed a physical examination and drug screening. z. Any councilmember requesting information of the City Manager shall be provided that information in a timely, succinct manner. M. Rights under City Personnel Policy You will be entitled to all rights and privileges granted under the City's Personnel Policy that are not in conflict with this Agreement or the City Charter. Said provisions of this Agreement shall supersede any conflicting policy provision (except Charter requirements), but only to the extent of such conflict. we fully expect and trust that you will faithfully perform the duties assigned to you to the best of your ability and will devote your full and undivided time to the transaction of the City's business. z.city mgz_salaxy .l tr We ask that you sign and return one (1) original of this letter to the writer as soon as possible. If you have any questions regarding this letter, please contact me or Harvey Robinson, Director of Human Resources, or Albert Thigpen, Assistant Director of Human Resources, at your earliest convenience. we continue to look forward to a highly productive and long-term relationship between you and the City of Port Arthur. Each member of the City Council feels that you have the requisite skills and experience to take the employees and the City forward to a prosperous and bright future. We look forward to our joint effort and success in this regard. Sincerely, ~,/L~,G-- .~. ~z . Oscar G. Ortiz Mayor OGO/ts z.city mgr_ealary.ltr THAT i, STEPHEN B. FiTZGiBBON3, do hereby agree to and accept the above terms and conditions of employment of City Manager of the City of Port Arthur, Texas, as evidenced by my signature below. __~, ~~~ STEPHEN B. FITZGIBBONS DATE z.city mgr_salary.ltr EXHIBIT "B" TO BE PRESENTED AT OR BEFORE THE COUNCIL MEETING