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HomeMy WebLinkAboutPR 24531: THE TERMS OF EMPLOYMENT FOR THE CITY ATTORNEY P.R. No. 24531 09/25/2025 rpc RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ARTHUR, TEXAS, REGARDING THE TERMS OF EMPLOYMENT FOR THE CITY ATTORNEY. WHEREAS,the governing body of the City of Port Arthur,Texas,approved an employment letter for the City Attorney per Resolution No. 24-301 on July 30, 2024,see Exhibit A; and WHEREAS,the City Council wants to amend the employment contract attached to Resolution No.24- 301 to be consistent with: (1) the professional wage surveys and employment research analysis conducted by the Human Resources Department for a city attorney position;(2)benefits provided to other City Council appointees;and(3)recently approved 89th Texas Legislation House Bill 762 and Senate Bill 2237 relating to severance pay. Now,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: SECTION 1. The facts and recitals above are true and correct. SECTION 2. That the City Council approves and authorizes the Amendments to the employment contract as it pertains to the City Attorney,in substantially the same form as denoted in Exhibit B. SECTION 3. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council and posted on the City's website in compliance with state law. READ, ADOPTED AND APPROVED, this day of October, 2025 AD, at a Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: ; Councilmembers: • • • NOES: • Resolution No.24531 Page 1 CITY OF PORT ARTHUR, TEXAS Charlotte M. Moses, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED O3 INISTRATION: Ronald Burton Manager Resolution No.24531 Page 2 EXHIBIT A Resolution No. 24531 Page 3 CONTRACT WITH: ROXANN PAIS COTRONEO /P.O. NO:23863 ORIGINAL CONTRCT (:40 ORD 24-301 COUNCIL MEETING DATE: 07/30/2024 THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM DONEANE BECKCOM, City of CITY MANAGER MAYOR PRO TEM SHERRI BELLARD,TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS,JR. % 0 r t r t h u r TIFFANY L.HAMILTON EVERFIELD TexasJAMES M.BLACK HAROLD L.DOUCET,SR. INTERIM CITY ATTORNEY THOMAS KINLAW,III DONALD FRANK,SR. July 24, 2024 Ms. Roxann Pais Cotroneo 8100 1H10 West, Suite 1500 San Antonio, Texas 78230 Roxann@CityLaw.us do Mr. Kevin Hugman, Sr. Vice President Strategic Government Resources Dear Ms.Cotroneo: Greetings! Thank you so much for your interest in, and participation in the hiring process to, work for the citizens of Port Arthur as the City Attorney. On behalf of the City Council of the City of Port Arthur it is my pleasure to offer you the position of City Attorney which heads the City's Law Department. As outlined in the search brochure you will be expected to comply with all City of Port Arthur Charter requirements upon acceptance of, and during your tenure, in the position. Congratulations! We look forward to a productive working relationship! The following terms and conditions of this employment offer do apply: A. SALARY INFORMATION You will be employed as City Attorney, Range 74, Step 9, of the City's Wage and Compensation Plan. Currently, Step 9 equates to $185,448.14/annually. You will be eligible for step movement after six (6) months of successful job performance as deemed by the City Council. Hence, thereafter you will be awarded step movement in accordance with the City's Wage and Compensation Plan. You will receive an automobile allowance of$250.00/month. You will receive a cell phone allowance of$100.00/month. B. MEDICAL/DENTAL/LIFE/AD&D Your medical, dental, life and AD&D insurance will be effective on your date of hire. The City offers a two-tier insurance program with Tier 1 being a Health Savings Account program and Tier 2 being a buy-up to the City's traditional PPO program. 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 you and your dependents through payroll deductions. You, and your qualified dependents, will have access to the Employee Health Services Clinic, which provides urgent, minor, and wellness care,with no co-pay required upon hire. Short-term or long-term disability coverage is available via the City's cafeteria coverage at the employee's expense. C. RETIREMENT You will become a member of the Texas Municipal Retirement System on the first day of your employment with the city. Your contribution to the plan will be 5% of your salary and the city will match that contribution on a 2:1 basis. TMRS member employees are also covered by a supplemental death benefit payable to a lump sum equal to your annual salary. D. VACATION AND SICK LEAVE You will be afforded one (1) week of sick leave and two (2) weeks of vacation available for your use after your start date. Thereafter, your accrual and earning of vacation and sick leave will be delineated in accordance with the City's Personnel Policy based on your hire date. E STARTING DATE Your start date of employment will tentatively be August 19, 2024, pending successful completion of pre-employment requirements and coordination of relocation arrangements. Pursuant to the City of Port Arthur Charter all matters relative to your private practice should be resolved prior to assuming the City Attorney position. F. MOVING EXPENSE You will be afforded reimbursement, up to ten thousand and zero one hundredth dollars ($10,000.00) with receipts for relocation cost for moving your household furnishings into the city of Port Arthur. The City will provide a housing allowance of$1,600.00/month, for up to three months, while you are looking for permanent housing. You will be required to establish residency in the city of Port Arthur within six(6)months of your appointment. G. MEMBERSHIP AND PROFESSIONAL DUES Your membership dues to the State Bar of Texas, American Bar Association, Texas City Attorneys Association, National Bar Association, the National Institute of Municipal Law Officers, and the Jefferson County Bar Association shall be paid by the City of Port Arthur. Other legal or municipal association dues shall be managed on a case-by-case basis. H. PERFORMANCE EVALUATION Your performance will be evaluated annually, based on a minimum acceptable performance standard of acceptable or better accomplishments. However, in the first year of employment your performance will be evaluated at the six (6) month service date and at the twelve (12) month service date. I. TRAVEL AND SEMINAR EXPENSES The City shall pay your expenses for legal seminars necessary for you to comply with Mandatory continuing legal education requirements in order for you to maintain your Law License and will pay your expense for municipal legal seminars necessary to maintain your proficiency as a municipal attorney and keep current with developments in municipal law. J. SEVERANCE Should your employment with the City be terminated by the City for any reason(s), except for malfeasance in office or if you voluntarily terminate, the City of Port Arthur will pay you six (6)months' severance pay. Termination shall occur when: 1. The majority of the City Council votes to terminate at a duly authorized public meeting. 2. The City reduces the base salary, compensation or other financial benefits. 3. If Employee resigns following an offer to accept resignation, whether formal or informal, by the Employer as representative of the majority of the governing body that the Employee resign, then the Employee may declare a termination as of the date of the suggestion. Severance shall be paid in a lump sum. Or if agreeable to the Employee shall be paid in equal installments during which installment period the Employee shall continue to receive medical insurance benefits. Other options may be agreed upon by the Employer and the Employee. The City Attorney classification is an appointment of the City Council and as such it is an exempt and at-will employment position.Your employment will be governed by,and you will be entitled to, all rights, privileges and employment conditions set out in the City's Personnel Policy;however,should there be a conflict between this agreement and the policy(except Charter requirement),then this agreement prevails. If the terms of employment set forth above are acceptable to you, sign and return a copy of this letter to the Assistant City Manager--Administration — via email: a.thigpen(a portarthurtx.gov. Should you have any questions,please advise. (409) 983-8218. I look forward to you becoming an employee with the City of Port Arthur. Warmest regards, Hon. Thurman Bill Bartie Mayor That 1, Roxann Cotroneo, do hereby agree to and accept the above terms and conditions of employment for the position of City Attorney for the City of Port Arthur, Texas, as evidenced by my signature below. ACCEPTED: July 25, 2024 Signature Date EXHIBIT B The following changes in the employment contract attached to Resolution No. 24-301 is hereby amended as follows: Section A of the employment contract will be amended to state the following: SALARY INFORMATION "You will be employed as City Attorney, Range 74, Step 9 of the City's Wage and Compensation Plan. Currently Step 9 equates to$185,448.14 annually.You will be eligible for step movement after six(6)months of successful job performance as deemed by the City Council.Hence,thereafter you will be awarded step movement in accordance with the City's Wage and Compensation Plan. The City Council hereby approves a step increase of Range 74, Step 10 of the City's Wage and Compensation Plan, effective February 19, 2025. Effective August 19, 2025, the City Council hereby approves a Range 85, Step 6 of the City's Wage and Compensation Plan. Therereafter,you will be awarded step movement in accordance with the City's Wage and Compensation Plan. You are also eligible for future Cost of Living Adjustments (COLA) and/or salary increases as directed and approved by the City Council. You will receive an automobile allowance of$250.00400.00 per month. You will receive a cell phone allowance of$100.00 per month." Section C of the employment contract shall add Paragraph 2 as follows: RETIREMENT "Effective August 19,2024,the City will contribute a bi-weekly amount equal to$20,000 per year to a deferred compensation plan of your choice." 1st sentence of Paragraph J of the employment contract shall be amended as follows: SEVERANCE Should your employment with the City be terminated by the City for any reason(s), except for malfeasance misconduct in office or if you voluntarily terminate, the City of Port Arthur will pay you six(6)months twenty(20)weeks of severance pay at the rate at the termination of employment, excluding paid time off or accrued vacation leave. Resolution No.24531 Page 4