Grass Valley City Manager EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF GRASS VALLEY AND Bob Richardson RECITAL
1. On January 6, 2014 the City Council selected Bob Richardson (hereafter “City
Manager”) to serve as City Manager of the City of Grass Valley (“City”), and City
Manager Bob Richardson accepts such employment, subject to approval of this
employment agreement, background check and physical examination. Accordingly, the
parties agree as follows:
2. Effective Date
This agreement shall become effective when it has been executed by City Manager and
duly approved by the City Council.
3. Term of Employment
Pursuant to the provisions of the Grass Valley City Charter, and City Municipal Code,
City Manager serves at the pleasure of the City Council and on an “at will” basis and
has no vested right to his employment during the term of this Agreement, subject to the
terms and provision of this Agreement as set forth below. The term of this Agreement is
from February 10, 2014 to February 10, 2019.
4. Duties; Hours of Work
A. City Manager shall perform those functions and duties specified by State
law, the Grass Valley City Charter, the Grass Valley Municipal Code and by formal
direction of the City Council. City Manager shall perform such duties in accordance
with the highest professional and ethical standards of the city manager profession. City
Manager shall not engage in any activity, which is, or which may become, incompatible
with the office of City Manager, as provided for by State law. During the term of this
agreement, City Manager shall be exclusively employed by the City, unless prior
authorization otherwise is received from the City Council, which authorization will not
be unreasonably withheld.
B. City Manager shall maintain a regular work schedule consistent with that
approved for other Executive Service employees of the City. City Manager’s duties may
involve expenditures of time in excess of eight (8) hours per day and/or forty (40) hours
per week, and may also include time outside normal office hours such as attendance at
City Council meetings. City Manager shall not be entitled to additional compensation
for such time.
A. The City Manager’s annual salary shall be $163,000.
B. City Manager’s compensation shall be reviewed at least annually in
connection with the annual review required by section 14 below or at other times as
may be determined by City Council. Further, it is understood that it is the intent of the
City Council to increase salary, or other benefits referred to in this agreement during the
five-year term of this Agreement, dependent on the quality of job performance by City
Manager and the City’s fiscal condition.
6. Health Insurance
City shall provide City Manager with the same medical, dental and vision health
insurance benefits as provided to all other Executive Service employees and at the cost
charged to those employees. Currently the cost of the health plan is split between the
City and Employee, with the employee paying a portion of the health premium. For
fiscal year 2013–2014 the City contributes the following towards medical, dental and
vision insurance through the PERS health care system and for selected vision and dental
insurance premiums: Employee-only, $610; Employee plus one dependent, $1215;
Employee plus two or more dependents, $1595.
7. Life Insurance
City shall provide, without cost to the City Manager, term life insurance in the amount
of $50,000 for the City Manager, five thousand dollars ($5,000) for his spouse and fifteen
hundred ($1,500) for his eligible dependent children.
8. Personal Leave
A. The purpose of personal leave is to enable the City Manager to accrue
leave for vacation, sick leave and personal leave. For vacation leave of more than two
weeks at a time, the City Manager shall provide sufficient notice so the City Council
may approve such absence to avoid an extended absence of the City Manager during
critical time periods.
B. The City Manager will be afforded 120 hours of banked personal leave
time on February 10, 2014. These hours shall be debited upon their use by City Manager
for leaves and by the 12.92 hours he accrues biweekly so that, at the end of his first year
of employment, this leave balance will be 336 hours less any leave he takes in that year.
The City Manager shall accrue personal leave at a rate of 336 hours per year (12.92
hours biweekly). One twenty sixth (1/26) of such personal leave amount shall accrue
each pay period.
C. The City Manager may carry a balance of no more than 520 hours of
personal leave. The City Manager may convert up to 120 hours of personal leave to cash
compensation in each fiscal year at one or more times of his choice and may convert
additional hours if approved by the City Council pursuant to the annual budget. When
the City Manager reaches the 520 hours cap on accrued personal leave, hours lost due to
the accrual cap for “sick leave”, shall be placed in a “sick leave bank” which can be used
as “sick leave” or converted to PERS service credit upon retirement
9. Other Leaves, Holidays, and Benefits
The City Manager is entitled to 11 paid holidays as recognized by the City. City shall
afford City Manager such other benefits as are provided to other Executive Service
employees of the City on the same terms as provided to those employees except as
otherwise expressly provided herein.
10. Long Term Disability Insurance
The City shall provide without cost to the City Manager an income protection insurance
program that shall insure City Manager‘s income to a maximum of six thousand
($6,000) dollars for such times of disability that he may incur during his service to the
City. The conditions of this insurance coverage shall be controlled by the agreement
between the City and its insurer.
11. Automobile Allowance
In recognition of the fact that the City Manager’s normal duties require frequent use of
his automobile, City Manager shall be entitled to $350 per month as an automobile
allowance. This allowance is in lieu of mileage reimbursement or other expenses that
may be incurred by City Manager in connection with his use of his own automobile for
City purposes. In consideration for said allowance, City Manager shall be responsible
for all costs of maintenance and operation of his vehicle. City Manager shall at all times
maintain automobile liability insurance on any vehicle used by him in the course of City
employment. Such insurance shall have coverage limits acceptable in form and amounts
to City. City Manager shall provide a certificate or other evidence of such insurance to
City. City Manager acknowledges that this allowance will be subject to payroll taxes
unless he maintains the records required by law to permit other treatment of this
12. Professional Memberships & Meetings; Other Expenses
A. City shall pay for City Manager’s professional membership in the League
of California Cities and International City / County Management Association. City shall
pay for City Manager to attend the annual League of California Cities conference. City
will pay for such other professional memberships and conference attendance as may be
approved and budgeted by the City Council.
B. City recognizes that certain expenses of a non-personal and job-related
nature may be incurred by City Manager. City agrees to reimburse City Manager for
reasonable expenses which are authorized by the City budget; submitted to the City
Council for approval; and which are supported by expense receipts, statements or
personal affidavits, and audit thereof in like manner as other demands against the City.
13. Retirement Program and Deferred Compensation
A. City Manager is a “Classic” Miscellaneous member of the California
Public Employee’s retirement system. The City Manager will be covered under the City
of Grass Valley’s Local Miscellaneous 2.5% at age 55 Formula. City Manager ’s
contribution towards the retirement system will be the full employee’s share of eight
percent (8%). The City will pay the employer’s share to PERS and Social Security and
the City Manager shall pay the employee contribution for Social Security.
B. The City shall provide City Manager deferred compensation of $100.00
per pay period, not to exceed 26 pay periods annually, towards a deferred
compensation plan of his choice.
14. Annual Performance Evaluation
The City Council shall evaluate City Manager’s performance at least once annually. The
City Council and City Manager shall annually develop mutually agreeable performance
goals and criteria which the City Council shall use in reviewing City Manager’s
performance in the following year. It shall be City Manager’s responsibility to initiate
this review each year. City Manager will be afforded an adequate opportunity to
discuss each evaluation with the City Council.
City shall defend, hold harmless and indemnify City Manager against any claim,
demand, judgment, or action of any type or kind arising within the course and scope of
City Manager’s employment to the extent required by Government Code Sections 825
16. Other Terms and Conditions of Employment
A. The City Council may from time to time fix other terms and conditions of
employment relating to the performance of City Manager, provided such terms and
conditions are not inconsistent with or in conflict with the provision of this Agreement,
the Grass Valley City Charter, the Grass Valley Municipal Code, or other applicable law.
B. The provisions of the City’s Personnel Rules and Regulations (“Rules”)
shall apply to City Manager to the extent they explicitly apply to the position of City
Manager, except that if the specific provisions of this Agreement conflict with the Rules,
the terms of this Agreement shall prevail. Without limiting the generality of the
exception noted in the previous sentence, however, no provision of the Rules or this
Agreement shall confer upon City Manager a property right in his employment or a
right to be discharged only upon cause. City Manager is an at-will employee serving at
the pleasure of the City Council and may be dismissed at any time with or without
cause, subject only to the provisions of this Agreement.
17. Termination Without Cause
The City Council may terminate City Manager’s employment with the City at any time
and without cause, upon thirty (30) days written notice to City Manager. In the event of
such termination without cause, City Manager shall be entitled to a severance benefit, of
six months of the City Manager’s current base salary plus payment of accumulated
Personal Leave upon termination from service. This base salary and leave pay-out shall
be made on a bi-weekly basis at such time as other City employees are normally paid
Severance pay will be paid until the sooner of the date City Manager is gainfully
employed or the six months of bi weekly salary is paid provided, however, that the
balance on any accrued leave which has not then been paid shall be payable in a lump
sum upon termination of severance pay. Upon payment of such severance
compensation, City shall have no further obligation to City Manager and City Manager
shall have no claim for further compensation from City.
18. Termination With Cause
The City Council may terminate City Manager’s employment with City for cause upon
thirty (30) days’ written notice to City Manager. In that event, City shall have no
obligation to continue the employment of City Manager and shall have no obligation to
provide any severance compensation, although City Manager shall be entitled to
payment of the value of accrued leave. For purposes of this agreement, the term “for
cause” shall include any of the following: (a) use of alcohol or drugs that impedes
performance of duties; (b) conviction of a felony or misdemeanor involving moral
turpitude (a plea or verdict of guilty or a conviction following a plea of nolo contendere
is deemed a conviction for this purpose); (c) a proven claim of either sexual harassment
or abuse of employees in violation of law or adopted City policy; (d) willful and
repeated failure to carry out the lawful directives or policy decisions of the City
Council; or (e) willful abandonment of the position or continued and unexcused
absence from duty.
19. Voluntary Termination; Death
A. City Manager may voluntarily terminate his employment, by resignation
or retirement, at any time during the term of this Agreement, subject to at least thirty
(30) days’ written notice by City Manager to City, unless the City Council and City
Manager agree otherwise. In such case, City shall have no further obligation to provide
payments and benefits, including severance benefits, upon the effective date of
termination of employment, other than payment of accrued leave.
B. In the event the City Manager dies while employed by the City, his
beneficiaries or those entitled to his estate shall be paid any earned salary and accrued
leave at the City Manager’s pay rate on the date of death.
20. Compliance With Law
This Agreement is subject to all applicable provisions of State and Federal law and to
the provisions of the Grass Valley Charter, Grass Valley Municipal Code, and
ordinances, rules and regulations of the City applicable to the City Manager.
21. General Provisions
A. This Agreement constitutes the entire agreement between the parties. City
and City Manager hereby acknowledge that they have neither made nor accepted any
other promise or obligation with respect to the subject matter of this Agreement.
B. If any provision or any portion of this Agreement is held to be
unconstitutional, invalid or unenforceable, the remainder of the Agreement shall be
deemed severable and shall not be affected and shall remain in full force and effect.
C. Any notice to City pursuant to this Agreement shall be given in writing,
either by personal service or by registered or certified mail, postage prepaid, addressed
Mayor and City Council
City of Grass Valley
125 East Main Street
Grass Valley, CA 95945
With a courtesy copy to the City Attorney at the following address or the address
then shown in the records of the City for the City Attorney:
Michael G. Colantuono, Esq.
Grass Valley City Attorney
11364 Pleasant Valley Road
Penn Valley, CA 95946-9000.
Any notice to City Manager shall be given in a like manner, and, if mailed, shall be
addressed to City Manager at the address then shown in City’s personnel records. For
the purpose of determining compliance with any time limit stated in this Agreement, a
notice shall be deemed to have duly given (a) on the date of delivery, if served
personally, or (b) on the second (2nd) calendar day after mailing, if mailed.
D. Venue for any disputes arising from or relating to this Agreement shall lie in
Nevada County, California. If an action at law or in equity is necessary to enforce or
interpret this Agreement, the prevailing party shall be entitled to reasonable and actual
attorneys’ fees and costs with respect to the action.
E. A waiver of any of the terms and conditions of this Agreement shall not be
construed as a general waiver and either party shall be free to enforce any term or
condition of this Agreement with or without notice to the other notwithstanding any
prior waiver of that term or condition.
This represents the entire agreement between the parties. Amendments to this
agreement may be made at such times as approved by the City Council and City
Manager and shall be in writing.