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HomeMy WebLinkAbout05.c. Approve 5% salary adjustment and second amendment to Employment Agreement for General Manager Roger S. Bailey Central Contra Costa Sanitary District , 5 ,c ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 18, 2016 Subject: APPROVE SECOND AMENDMENT TO EMPLOYMENT AGREEMENT FOR GENERAL MANAGER ROGER S. BAILEY, EFFECTIVE AUGUST 18, 2016 Submitted By: Initiating Dept./Div.: Ann Sasaki, Operations Department/ General Manager Human Resources REVIEWED AND RECOMMENDED FOR BOARD ACTION: Roger S. Baileyl General Manager ISSUE: Board approval is required for any salary adjustment that exceeds the adjustment in the current California Consumer Price Index (CPI)-Urban Wage Earners and Clerical Workers (currently 3%) for any employees that are not represented by a union or recognized employee organization and considered a local agency executive. Board approval is also required to amend the General Manager's Employment Agreement. BACKGROUND: The employment contract between the District and Mr. Bailey states that"The Board annually will consider adjustment of the General Manager's annual salary in such amounts and to such extent as the Board may determine is desirable on the basis of its annual review and evaluation of the General Manager." The Board recently concluded Mr. Bailey's annual review and determined that a salary adjustment and other contract amendments are warranted based upon his performance and in comparison with General Manager salaries and benefits at other agencies. Mr. Bailey's last salary adjustment was a 6.6 percent increase in August 2015. Effective August 18, 2016, the Board proposes the following amendments to Mr. Bailey's contract: • Increase annual salary from $250,000 to $262,500 (equivalent to 5 percent, which exceeds the 3% California CPI) • Terminate the car allowance of$500 per month The car allowance implemented in 2015 was meant to simplify mileage cost reimbursement for the General Manager. However, Contra Costa County Employees' Retirement Association (CCCERA) ruled that the $500 per month was considered pensionable compensation. It was not the Board's intention for the compensation to be pensionable, so the car allowance will be terminated effective August 18, 2016 and the General Manager will revert to actual mileage reimbursement. Page 1 of 2 POSITION PAPER Board Meeting Date: August 18, 2016 Subject-- APPROVE SECOND AMENDMENT TO EMPLOYMENT AGREEMENT FOR GENERAL MANAGER ROGER S. BAILEY, EFFECTIVE AUGUST 18, 2016 All other provisions of the employment contract remain unchanged. ALTERNATIVES/CONSIDERATIONS: Deny the salary adjustment and proposed contract amendment for Mr. Bailey or propose alternative adjustments. FINANCIAL IMPACTS: Mr. Bailey's annual salary will increase by 5% from $250,000 to $262,500. In lieu of the $500 per month car allowance, Mr. Bailey will receive actual mileage reimbursement. COMMITTEE RECOMMENDATION: This item was not reviewed by a Board Committee; rather, it was discussed by the Board in closed session. RECOMMENDED BOARD ACTION: Approve the second amendment to General Manager Roger Bailey's employment agreement, approving a salary adjustment of 5% and terminating the car allowance effective August 18, 2016. Attached Supporting Document. 1. Proposed Second Amendment to Employment Agreement N:\ADMINSUP\ADMIN\DIST-SEC\Position Papers\2016\PP-Increase for Roger Bailey 8-18-16.doc ATTACHMENT 1 SECOND AMENDMENT TO EMPLOYMENT AGREEMENT This Second Amendment to the current Employment Agreement dated July 11,2013 between the Central Contra Costa Sanitary District, a special district organized pursuant to the California Sanitary District Act of 1923 ("District") and Roger S. Bailey ("General Manager") is entered pursuant to paragraph 14 of that Agreement. The General Manager and the District are hereinafter collectively referred to as"the Parties." This Amendment to the Employment Agreement between the Parties contains amendments to the following provisions of that Agreement: Paragraph 6, Salary. Effective August 18, 2016,the District shall increase the General Manager's salary by 5%, for a salary of$262,500 per year,or a total of$21,875 per month. The remaining provisions of paragraph 6 of the Employment Agreement remain unchanged. Paragraph 7,Benefits. Effective August 18,2016,the car allowance of$500 per month is terminated. The General Manager will receive reimbursement for actual mileage in accordance with District policy and procedures. Except as expressly stated in this Second Amendment, all other provisions of the current Employment Agreement and First Amendment remain in full force and effect. This Second Amendment represents all of the agreements between the parties related to this Second Amendment, and this may only be modified or amended by an instrument in writing executed by both parties. IN WITNESS THEREOF, the parties have executed this agreement to be effective August 18, 2016: CENTRAL CONTRA COSTA SANITARY DISTRICT, a special district Dated: By: ROGER S. BAILEY General Manager Dated: By• TAD J. PILECKI President, Board of Directors