Agmt 2015 Zapata_Chris (2) - Laserfiche WebLink

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(xi) Willful misconduct or malfeasance; (xii) Any act of moral turpitude or dishonesty; and (xiii) Other failure of good behavior either during or outside of employment such that the Manager's conduct causes discredit to the City. f. Removal of Manager by the City shall be effected only by a majority vote of the whole City Council as constituted and convened in a regular City Council meeting. However, pursuant to section 400 of the City Charter,Manager shall not be removed from the position of City Manager without cause during or within a period of ninety (90) days succeeding any regular or special municipal election held in the City at which election a member of the City Council is elected; the purpose of this provision is to allow any newly elected member of the City Council or a reorganized City Council to observe the actions and ability of Manager in the performance of the powers and duties as City Manager. 7. Compensation and Benefits a. The City Council acknowledges that on January 30, 2012, the effective date of the City's first agreement with Manager, the City Council and Manager agreed that Manager's annual base salary ("Annual Base Salary") would be two hundred twenty-three thousand dollars and no cents ($223,000.00). The parties agree that effective January 30, 2015, Manager's Annual Base Salary of$223,000.00,which has remained unchanged since January 30, 2012, shall be adjusted automatically and every year thereafter during the term of this Agreement by the Consolidated Metropolitan Statistical Area (CMSA) Consumer Price Index covering San Francisco, Oakland, and San Jose (commonly known and referred to as the "CPI"). However,if the CPI for a particular year is a negative number, then Manager's Annual Base Salary shall remain equal to the then current adjusted Annual Base Salary for the immediately preceding year. The City Council shall review and evaluate Manager's performance through the term of this Agreement pursuant to the provisions of Section 13. The City Council may consider adjusting Manager's Annual Base Salary every year, but no less than the annual adjustment attributable to the CPI described herein, subject to a performance evaluation. (i) As approved by the City Council on November 19, 2012, and effective January 1, 2013 to December 31, 2017, the City Council acknowledges that Manager voluntarily contributes twenty thousand dollars ($20,000.00) per year (at$10,000.00 each) of his Annual Base Salary of$223,000.00 towards the salaries of the Police Chief and the Assistant City Manager, respectively. The Manager's voluntary contribution creates for him an effective base salary of$203,000.00 (the Manager's "Effective Base Salary"). The City Council hereby agrees that Manager is entitled to the return—on a pro rata basis—of voluntary contribution made towards the annual base salaries of the Police Chief and the Assistant City Manager,respectively,if the employment of either or both persons as the Police Chief and Assistant City Manager terminates before the end of the terms of their respective employment agreements. In such an instance, the pro rata return of Annual Base Salary shall be paid back to Manager through his regular salary distribution. 4