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HomeMy WebLinkAbout7-22-2014 Charter Review CommissionCHARTER REVIEW COMMISSION MEETING AGENDA Tuesday, July 22, 2014 7:30 AM * Harvat Hall, City Hall, 410 East Washington Street 1. CALL TO ORDER r I 0- City Of 2. CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED a. Minutes of the meeting on 06/24/14 b. Correspondence • Robert Givens • Russell Haught • Betty Dye • Caroline Dieterle 3. REPORTS FROM MEMBERS AND STAFF 4. REVIEW CHARTER a. Specific sections to be addressed: • Preamble • Definitions • Article II • Article III • Article IV • Article V b. Commission discussion of other sections (if time allows) 5. DISCUSSION OF PUBLIC INVOLVEMENT 6. PUBLIC COMMENT Page 2 Charter Review Commission July 22 Agenda TENTATIVE THREE MONTH MEETING SCHEDULE (Second and fourth Tuesday of each month) August 12 August 26 September 9 September 23 — Tentative Evening Public Forum October 14 October 28 8. ADJOURNMENT *Please allow time for 2 hour meeting Charter Review Commission June 24. 2014 Page 1 MINUTES DRAFT CHARTER REVIEW COMMISSION JUNE 24, 2014 — 7:30 A.M. HARVAT HALL, CITY HALL Members Present: Steve Atkins, Andy Chappell, Karrie Craig, Karen Kubby, Mark Schantz (7:35), Melvin Shaw, Anna Moyers Stone, Adam Sullivan, Dee Vanderhoef Staff Present: Eleanor Dilkes, Marian Karr RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED: a. Minutes of the Meeting on 06/10/14 — Chairperson Chappell noted that there was no correspondence to adopt and then asked if there were any amendments or corrections to the minutes. Sullivan moved to accept the minutes of the 6/10/14 meeting as presented, seconded by Vanderhoef. Motion carried 8-0, Schantz absent. REPORTS FROM MEMBERS AND STAFF: None. REVIEW CHARTER: a. Specific Sections to be Addressed: Preamble — Definitions — Article II — Chappell noted that they left off with Section 2.12 of the Charter, and he read aloud this section. The discussion began with Kubby asking for clarification on the wording in this section. Dilkes noted that basically the city manager serves at the pleasure of the city council. Decisions to hire, fire, discipline, etc., are at the discretion of the city manager. Dilkes gave several examples of how the functions of the city manager are carried out and the role that the council does or does not play in them. The issue of the hiring of the fire chief and police chief was also discussed by Members. Dilkes responded to questions, noting that these are also civil service positions. The discussion turned briefly to the use of "may" and "shall" throughout the document. Members continued to discuss this section, agreeing that the prohibitions in place appear adequate and that they would tentatively approve Section 2.12. Article III — Stone was asked to read Section 3.01 - Nominations to the group. Dilkes noted that the matters addressed in this section are completely controlled by State Code. The times have changes under the State Code to 'not more than 85 days or less than 68.' The State Code Charter Review Commission June 24, 2014 Page 2 was also changed last year, according to Dilkes, taking the city clerk out of the election process for city elections and moving these duties to the commissioner of elections instead. She suggested adding wording to this section that lets citizens know that what is set forth here is dictated by State law. Dilkes will work on the updates that need to be made to this section, due to the State Code changes, and will bring that back for Members to review. Chappell then asked if Members would like to have Sections 3.02 and 3.03 read. Dilkes asked if it would be Members' preference to simply say that those items are controlled by State law, or `as provided by State law.' She asked if it was preferred to have the actual numbers and percentages present in these sections. After a brief discussion, it was decided to show as much information as possible in these sections, along with the reference to State law. Kubby asked about the primary section, stating that she would like to have a discussion at some point about eliminating primaries by having some instant run-off voting. She has a memo she can update that talks about the advantages of run-off voting for the system and to the people who are engaged in the election. However, if they were to keep the districts as they are now, this type of voting would not work. Chappell asked Dilkes if she is aware of what other options there are other than the current primary system they have. Dilkes stated that she had this discussion at the last review, but essentially the State Code gives cities two options. The city may chose to have a run-off election, and a primary will be held unless a run-off is chosen by city council ordinance. She added that 'instant run-off' is different from 'run-off' in this instance, and State law pretty much dictates how this will be done. Dilkes will gather more information on primary versus runoff for the next meeting's agenda. Chappell suggested they go ahead and read Section 3.03 as it does play into something they've already talked about. The Commission will come back to this section as they revisit the topics of districts and candidates. b. Commission Discussion of Other Sections (if time allows): Article IV — Sullivan began by reading Section 4.01 to the Commission. This is another area that is dictated by State Code, and Members agreed to tentatively approve it. Section 4.02 Accountability was read by Vanderhoef. This area again covered the city manager position. Chappell asked what the current city manager's contract provides for as far as severance. Dilkes stated that it has been pretty standard for a number of years, three to six months is typical. However, she will obtain this information for the Commission. A discussion ensued about this timeframe and whether there should be a ,no more than' clause added to the existing policy. Sullivan spoke to this, stating that he would not feel comfortable putting restrictions on this. Members continued to discuss this section, more specifically the length of time a city manager could receive severance pay. Shaw asked why this Charter Review Commission June 24, 2014 Page 3 section contains any reference to salary at all, questioning if this wouldn't be a contract issue between the city manager and the City. Atkins spoke to this issue, noting that most professional positions such as a city manager are using contracts to protect themselves. He further explained what protections have been put in place, both for the City and for the position. Shaw continued to express his concerns with this section, noting again that it is a contract issue and should be part of that instead. Karr noted that this section has not been updated for a number of years. Dilkes noted that staff will obtain the current manager's contract for review, and also see what trends are out there in other communities. Chappell noted that they will start with Section 4.03 at the next meeting. DISCUSSION OF PUBLIC INVOLVEMENT: PUBLIC COMMENT: None. TENTATIVE THREE-MONTH MEETING SCHEDULE (Second & fourth Tuesday of each month): July 8 — Three people will be absent for this meeting. Chappell suggested they skip this meeting as they have gotten pretty far in their review. Others agreed that this would work at this time and this meeting will be cancelled. July 22 — Karr noted that she will not be present at this meeting but will have a representative from her office there. Atkins suggested they plan on having two- hour meetings, with others agreeing to start this practice at the July meeting. August 12 August 26 September 9 September 23 — tentative evening public forum. ADJOURNMENT: Shaw moved to adjourn the meeting at 8:40 A.M., seconded by Sullivan. Motion carried 9-0, Charter Review Commission June 24, 2014 Page 4 Charter Review Commission ATTENDANCE RECORD 2014 TERM 0 0 0 0 0 0 A w w w w NAME EXP. w w -4 ® A N 4/1/15 X X O/ X X Steve E Atkins Andy 4/1/15 X X X X X Chappell Karrie 4/1/15 X X X X X Craig Karen 4/1115 O X X X X Kubby Mark 4/1/15 X X X X X Schantz Melvin 4/1/15 X X X X X Shaw Anna 411/15 X X X X X Moyer Stone Adam 411/15 X X X X X Sullivan Dee 4/1/15 X X X X X Vanderhoef Key: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member at this time Marian Karr From: Robert Givens <robgive@gmail.com> Sent: Tuesday, June 17. 2014 5:46 PM To: City Charter Subject: Proposed Amendment to Iowa City Charter Iowa City City Council Should Amend the Hone Rule Charter The Iowa City Charter draws a distinction between "eligible electors" and "qualified electors." The former designation refers to those who are eligible to vote but have not registered; the latter refers to those who are registered to vole. The citizen -initiated process of proposing new measures to the City Council or having existing measures reconsidered as defined in Article VII of the Charter provides that petitions for initiative and referendum may only contain the signatures of `qualified electors'. The Hawkeye Chapter of the American Civil Liberties Union believes that this designation creates an artificial and harmful obstacle to participation of the general public in making changes to the City Code. Residents of Iowa City who meet the requirements for voting have the right to have their views on significant issues known, and to influence public policy through initiative and referendum petitions. It is difficult enough to secure the signatures and verify that signers live in Iowa City; ensuring that they are registered creates an undue burden on petitioners. Since current Iowa law provides for election day voter registration, the distinction between residents who are registered and those who are not is not significant and should be eliminated. The current language is particularly problematic because it effectively requires the City to go through every signature on the petition in order to match it with a corresponding voting registration record. Not only is this an expensive and time consuming process (it takes the City Clerk's office up to two weeks to verify a petition's sufficiency), it also virtually guarantees that the City will strike out a significant percentage of valid signatures because of something as simple as change of address or illegible (from the City Clerk's point of view) handwriting. And, of course, it guarantees that signatures of Iowa City citizens otherwise eligible to vote who have not yet registered will not be counted. In essence, the City is currently denying legitimate petitioners their voice in the matter in an attempt to prevent potential fraud that is in the end inconsequential: a petition is not the same as a law, but only a proposal before the city council or the voters. If the petition is misguided, frivolous or simply not worthy of citizens' attention, it simply will not be adopted by the council or the voters. There is no need to protect us from ourselves. The Code of Iowa regarding petitioning by citizens, Chapter 364.2, uses the term `eligible voters' and contains no mention of `qualified voters'. Additionally, Chapter 362.4 states: "The petition shall be examined before it is accepted for filing. If the petition appears valid on its face it shall be accepted for filing. If it lacks the required number of signatures it shall be returned to the petitioner. Petitions which have been accepted for filing are valid unless written objections are filed with the city clerk within fine working days cfter the petition is received" The Hawkeye Chapter believes that the language above provides for a more reasonable and democratic process, and urges the Iowa City Council to amend the City Charter to eliminate the anachronistic "qualified elector" distinction and make the Charter follow the current Iowa Code, Chapter 362.4. Robert Givens, President, Hairkeye Chapter, ACLU-lowo on behalfofthe Board ofDireetors June 16, 2014 Marian Karr From: Russell Haught <russups06@gmail.com> Sent: Tuesday, July 08, 2014 8:55 PM To: City Charter Subject: City Charter Changes Anyone on the city council should have limit of serving ONLY 2 consecutive terms. Then you may not seek a city council position for 5 years. Mayor should be elected not chosen by city council members. Russell Haught Sent from my Wad Marian Karr From: Betty Dye <bettydye@mediacombb.net> Sent: Thursday, July 10, 2014 10:00 AM To: City Charter Subject: Mayor I would like to make known my concern regarding the way our Iowa City major is selected. I firmly believe he/she should be elected directly by the residents of Iowa City. He/she should NOT be chosen from among the council members. Thank you for the opportunity to make my wishes known. Betty Dye Marian Karr From: Dieterle, Caroline M <caroline-dieterle@uiowa.edu> Sent: Monday, July 14. 2014 10:44 AM To: City Charter Subject: "Qualified Electors" vs. "Eligible Electors" Dear Charter Commission: As some of you know by now, I strongly feel that the Charter should have the "Qualified Elector" distinction removed from the Charter and that the petition process for initiative and referendum should simply follow Chapter 362.4 of the Code of Iowa. Here are my reasons: 1. The same -day register and vote capability we now have in Iowa removes the distinction between "qualified" and "eligible", in that anyone who is not already registered to vote in Iowa City at the time he/she signs a petition can both register and vote as late as Election Day by registering when he/she goes to the polls. 2. Petitions for amending the Charter do not make the"Qualified" vs. "Eligible" distinction. Surely amending the Charter is as important as the initiative and referendum process. 3. Iowa City is growing. There are many more people here than there were when the Charter was adopted in the 1970's. This means that the requirement that petitions have signers in the number of at least 25% of the voters in the most recent City election will become harder and harder to satisfy. The 25% should be changed to 10% (Chapter 362.4 of the Code of Iowa). The job of gathering the signatures of 10% of the voters at the previous city election will not be undertaken lightly by any individual or group - even if the "qualified" distinction is removed. 3. The existence of the "Qualified" requirement means that any signature gatherer must gather nearly twice the 25% number in order to be assured that the total will be sufficient. The process of checking signatures against voting lists will take longer and longer - costing more and more of the City Clerk's staffs time. The added requirements that the signatures most be gathered within a set time period, and that all persons circulating petitions must file affadavits, make the task almost impossible. In the 2 years between elections, many registered citizens move to new residences - so that their signatures no longer match the voter rolls, and their signatures can be discounted. The City Clerk should not be required to do anything more than check the petitions to make sure there is a sufficient number of signatures on properly prepared petition forms, so that the petition is "adequate on its face" (Chapter 362.4). "362.4 PETITION OF ELIGIBLE ELECTORS. If a petition of the voters is authorized by the city code, the petition is valid if signed by eligible electors of the city equal in number to ten percent of the persons who voted at the last preceding regular city election, but not less than ten persons, unless otherwise provided by state law. The petition shall include the signatures of the petitioners, a statement of their place of residence, and the date on which they signed the petition. The petition shall be examined before it is accepted for filing. If the petition appears valid on its face it shall be accepted for filing. If it lacks the required number of signatures it shall be returned to the petitioner. Petitions which have been accepted for filing are valid unless written objections are filed with the city clerk within five working days after the petition is received. The objection process in section 44.8 shall be followed." Citizens of Iowa City who are willing to exert the effort to circulate petitions are not irresponsible or stupid. We do not need to be protected from ourselves: if a petition with sufficient signatures of "Eligible " electors is filed, as laid out in the Code of Iowa, citizens deserve the right to vote on the petition's proposal. There is an on -going public lament about the lack of citizen involvement in civic affairs and voter apathy in local elections as evidenced by the poor voter -turnout percentage. There is a reason for that: the Iowa City Home Rule Charter that frames our city government is currently structured in such a way that activism is viewed as hopeless, a waste of time, by too many citizens. Removing the "Qualified Elector" distinction would be one small step to counter this. Caroline Dieterle 727 Walnut St. Iowa City, Iowa Ph.# 319-325-0616 l � F' 1 n GH'ry ol., �Olh � (A-ily H/11 [l- �/ O Vz///\ I111 111 Date: July 9, 2014 To: Charter Review Commission From: Eleanor M. Dilkes, City Attorney Re: Section 3.01 — Nomination Primary and Runoff Elections 1. Proposed Amendments to Section 3.01. Attached for your consideration are the changes I propose be made to Section 3.01 to reflect the current deadlines under state law for the filing of nomination petitions, and to make it clear to the reader that state law controls. 2. Primary and Runoff Elections. You asked that I summarize the provisions in the Iowa Code regarding City primary and runoff elections. If the number of valid nomination petitions filed is more than twice the number of positions to be filled, a primary election "must" be held except that the "council may by ordinance choose to have a runoff election, as provided in section 376.9 in lieu of a primary election." Iowa Code Section 376.6(1)(a)(2013). If the council has by ordinance chosen to have nominations made in the manner provided by chapter 44 or 45 (nominations by political organizations which are not political parties), neither a primary election nor a runoff election is required. Iowa Code Section 376.6(1)(b)(2013) A primary election is held on the Tuesday in October that is four weeks before the date of the regular city election in November. Iowa Code Section 376.7(1) (2013). For each office on the ballot, each voter in the primary may vote for the number of persons to be elected to the office at the regular city election in November. The names of the candidates who receive the most votes in the primary (to the extent of twice the number of unfilled positions), are placed on the ballot for the regular city election in November. So, for example, if there are two open at -large council seats, a primary must be held if there are five or more nomination petitions filed. The four candidates who get the most votes in the October primary election will be on the ballot for the November regular election. A run-off election is held in December four weeks after the date of the November regular city election. Iowa Code Section 376.9(2)(2013). Candidates who do not receive a majority of the votes cast for an office, but receive the highest number of votes cast for that office in the November regular city election (to the extent of twice the number of unfilled positions) are July 9, 2014 Page 2 candidates in the December runoff election. Candidates in the runoff election who receive the highest number of votes cast are elected to the extent necessary to fill the unfilled positions. So, for example, assume Candidates #1 through #10 are on the ballot at the November regular city election for two open at -large council positions: 1) If none of the candidates receive a majority of votes the four candidates with the highest number of votes cast will be candidates in the December runoff election and the two who get the most votes are elected. 2) If candidate #1 gets 51% of the vote and candidates #2 and #3 receive the next highest votes, #1 is elected to one of the open seats. Candidates #2 and #3 are on the ballot in the December runoff election and the one receiving the most votes is elected to the remaining open seat. I will be available at your July 22 meeting for questions. Attachment Cc: Marian Karr, City _Clerkw/att. Section 3.01. Nomination. A. An eligible elector of a council district may become a candidate for a council district seat by filing with the Johnson County Commissioner of Elections�'*�r-k a valid petition requesting that his or her name be placed on the ballot for that office. Unless otherwise provided by state law, tThe petition must be filed not more than eighty -fiver. ty five (4585) days nor less than sixty-eightf" (6840) days before the date of the election. Unless otherwise provided by state law, the petition must be signed by eligible electors from the candidate's district equal in number to at least two (2) percent of those who voted to fill the same office at the last regular city election, but not less than ten (10) persons. (Ord. 05-4152, 3-1-2005) B. An eligible elector of the city may become a candidate for an at -large council seat by filing with the Johnson County Commissioner of Elections citycleFk a petition requesting that the candidate's name be placed on the ballot for that office. Unless otherwise provided by state law, tThe petition must be filed not more than eighty -fives`* (685) days nor less than sixty-eightfer-ty (6840) days before the date of the e'eetiwe selection. Unless otherwise provided by state law, the petition must be signed by eligible electors equal in number to at least two (2) percent of those who voted to fill the same office at the last regular city election, but not less than ten (10) persons. (Ord. 85-3227, 3-12-1985) r IV( I' "I IVII 0 h�A Ill II ) �U.I IVY Date: July 15, 2014 To: Charter Review Commission From: Marian K. Karr, City Clerk \V, Re: Ten Year History of Primary Elections The following is in response to discussion regarding primary elections in recent years. Over the past ten years there have been five (5) elections, with four (4) primaries, all of which were at - large primaries. November 2005 Seats available: District B At Large October At -Large Primary: 6 candidates (narrowed to 4) November 2007 Seats available: District A District C At Large October At -Large Primary: 5 candidates (narrowed to 4) November 2009 Seats available: District B At Large October At -Large Primary: 5 candidates (narrowed to 4) November 2011 Seats available: District A District C At Large October At -Large Primary: 7 candidates (narrowed to 4) November 2013 Seats available: District B At Large October At -Large Primary: 4 candidates (No Primary) S:Charter Review Commission/primary info — ten year r �dili CITY OF I O" W A CITY ®�®M E W'� ""'AAN ru U Date: June 25, 2014 To: City Charter Commission From: Marian K. Karr, City Clerk hV- Re: City Charter 4.02A — termination language ICMA (International City Managers Association) has a couple documents that refer to severance packages. The model employment agreement recommends 12 months' severance with an additional provision relating to an event where the CM is terminated within the first six months of a newly elected governing body. 1 10 21 -11-10 M�. Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (310) 356-5030 RESOLUTION NO. 10-442 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THOMAS M. MARKUS, CITY MANAGER. WHEREAS, this City Council has determined that it would in the best interests of the City of Iowa City, Iowa, to appoint Thomas M. Marcus as City Manager for the City of Iowa City; and WHEREAS, an Employment Agreement between the City and Thomas M. Markus as City Manager has been prepared, which Employment Agreement is attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Thomas M. Markus be and he is hereby appointed City Manager for the City of Iowa City, Iowa effective December 1, 2010; and The Employment Agreement attached hereto and made a part of hereof is hereby approved as to form and content; and The Mayor and City Clerk are authorized and directed to execute said Agreement in duplicate for and on behalf of the City of Iowa City, Iowa. Passed and approved this 11 th day of October , 20 10 ATTEST: 'M. , Pf %� `CITY CLERK R� Appr ved by City Attorney's Office Resolution No. 10-442 Page 2 It was moved by Bailey and seconded by nt,k ns the Resolution be adopted, and upon roll call there were: AYES: wpdatal&ssary/resolution-: do NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright EMPLOYMENT AGREEMENT Introduction This Agreement, made and entered into this 10/11/2010 by and between IOWA CITY, IOWA,. a municipal corporation, (hereinafter called "Employer") and THOMAS M, MARKUS (hereinafter called "Employee") an individual who has the education, training and experience in local government management and who, as a member of ICMA, is subject to the ICMA Code of Ethics, both of whom agree as follows: Section 1: Term A. This agreement shall remain in full force and effect from 12/1110 until terminated by the Employer or Employee as provided in Section 9, 10 or 11 of this agreement. Section 2: Duties and Authority Employer agrees to employ Thomas M. Markus as City Manager to perform the functions and duties specified in Article IV of the Iowa City Charter & Title I Chapter 7 of the Iowa City Code and to perform other legally permissible and proper duties and functions as the Council may from time to time assign. Section 3: Compensation A. Base Salary: Employer agrees to pay Employee an annual base salary of $160,000 payable in installments at the same time that the other administrative employees of the Employer are paid. B. Consideration shall be given on an annual basis to increase compensation C. The Employer may increase the compensation of the Employee dependent upon the results of the performance evaluation conducted under the provisions of Section 12 of this Agreement. Increased compensation may be in the form of a salary increase and/or a bonus. Section 4: Health, Disability and Life Insurance Benefits A. The Employer agrees to provide health, hospitalization, surgical, vision, dental and comprehensive medical insurance for the Employee and his/her dependents equal to that which is provided to all other administrative employees of Iowa City. B. The Employer agrees to provide disability insurance equal to that which is provided to all other administrative employees of Iowa City. C. The Employee may elect to submit once per calendar year to a complete physical examination, including a cardiovascular examination, by a qualified physician selected by the Employee, the cost of which shall be paid by the Employer unless the cost is covered by insurance. D. The Employer shall pay the amount of the premium not in excess of $2,000 annually for term life insurance in the amount of three (3) times the Employee's annual base salary, including all increases in the base salary during the life of this agreement. The Employee shall name the beneficiary of the life insurance policy. Employee understands that this is a taxable benefit. E. Other Benefits. During the term of this agreement, Employer shall offer to Employee other fringe benefits which may be provided other non -represented Administrative and Confidential employees of Employer. Section 6: Vacation, Sick, and Holidays A. Upon commencing employment, the Employee shall be credited with vacation leave equal to the highest annual accrual (192 hours) provided to all other employees and sick leave in the amount of 192 hours. The Employee shall then accrue sick and vacation leave on an annual basis at the highest rate provided to any other employees. Employer agrees to provide a holiday benefit program equal to that which is provided all other administrative employees of Employer. B. Upon commencing employment, the Employee shall have access to a bank of 180 sick days to be used in the case of serious medical conditions. This leave can only be used to provide coverage during the waiting period between the onset of illness or disability and the point at which short or long term disability coverage takes effect. C. The Employee is entitled to accrue unused vacation leave up to a maximum of 400 hours, and in the event the Employee's employment is terminated, either voluntarily or involuntarily, the Employee shall be compensated for all accrued vacation time. All sick leave shall be accrued consistent with all other administrative employees. Section 6: Automobile Employer shall provide Employee an automobile allowance of $475.00 per month for his business and personal use during his employment with Employer. Employee shall be responsible for paying for liability, property damage, and comprehensive insurance coverage upon such vehicle and shall be responsible for expenses attendant to the purchase, operation, maintenance, repair and regular replacement of said vehicle. This automobile allowance shall be adjusted by the yearly percentage change of the Iowa City, Iowa area CPIU as published by the Department of Labor for December of 2011 and December of each contract year thereafter. 2 Section 7: Retirement A. The Employer agrees to enroll the Employee into the applicable state or local retirement system and to make all the appropriate contributions on the Employee's behalf, for the Employer's share. B. In addition to the Employer's payment to the state or local retirement system (as applicable) referenced above, Employer agrees to execute all necessary agreements provided by ICMA Retirement Corporation [ICMA-RC] or other Section 457 deferred compensation plan for Employee's continued participation in said supplementary retirement plan and, in addition to the base salary paid by the Employer to Employee, Employer agrees to pay an amount equal to 12.5% of his base salary or the maximum allowable amount under IRS rules whichever is the lesser amount, into the designated plan on the Employee's behalf, in equal proportionate amount each pay period. The parties shall fully disclose to each other the financial impact of any amendment to the terms of Employee's retirement benefit. In lieu of making a contribution to a Section 457 deferred compensation plan, the dollar value of this contribution may be used, at the Employee's option, to purchase previous service from another qualified plan. Section 8: General Business Expenses A. Employer agrees to budget for and to pay for professional dues and subscriptions of the Employee necessary for continuation and full participation in national, regional, state, and local associations, and organizations necessary and desirable for the Employee's continued professional participation, growth, and advancement, and for the good of the Employer. B. Employer agrees to budget for and to pay for travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of Employee and to pursue necessary official functions for Employer, including but not limited to the ICMA Annual Conference, the state league of municipalities, and such other national, regional, state, and local governmental groups and committees in which Employee serves as a member. C. Employer also agrees to budget for and to pay for travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for the Employee's professional development and for the good of the Employer. D. Employer recognizes that certain expenses of a non -personal but job related nature are incurred by Employee, and agrees to reimburse or to pay said general expenses. The finance director is authorized to disburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits or other necessary documentation required in accordance with the policies of 3 the City of Iowa City. E. The Employer acknowledges the value of having Employee participate and be directly involved in local civic clubs or organizations. Accordingly, Employer shall pay for the reasonable membership fees and/or dues to enable the Employee to become an active member in local civic clubs or organizations. F. The Employer shall provide Employee with a computer, software, fax/modem, cell phone, pager and such other devices as may be developed and required for the Employee to perform the job and to maintain communication. Section 9: Termination For the purpose of this agreement, termination shall occur when: A. The majority of the governing body votes to terminate the Employee at a duly authorized public meeting. B. If the Employer, citizens or legislature acts to amend any provisions of the Iowa City Charter or Iowa City Code pertaining to the role, powers, duties, authority, responsibilities of the Employee's position that substantially changes the form of government, the Employee shall have the right to declare that such amendments constitute termination. C. If the Employer, without the approval of Employee, reduces the base salary, compensation or any other financial benefit of the Employee, unless it is applied in no greater percentage than the average reduction of all administrative employees, such action shall constitute a breach of this agreement and will be regarded as a termination. D. If the 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 resigns, then the Employee may declare a termination as of the date of the suggestion. Section 10: Severance Severance shall be paid to the Employee when employment is terminated as defined in Section 9. In the event Employee is terminated or discharged by the City Council and during such time the Employee is willing and able to perform his duties under this Agreement, then, and in that event, the Employer shall continue to pay to the Employee his then -existing base salary and deferred compensation on the regular payroll schedule of the Employer (i) until the expiration of nine (9) months from the date of termination or (ii) until such time as Employee accepts and commences employment with any other employer, whichever occurs first. To the extent allowable by law, Employer shall either continue to provide and pay for health insurance or pay Employee's premiums for COBRA coverage during the severance period. If the Employee is terminated because of a conviction of a felony, then the Employer is not obligated to pay severance under this section. Section 11: Resignation In the event that the Employee voluntarily resigns his position with the Employer, the Employee shall provide a minimum of 60 days notice unless the parties agree otherwise. Section 12: Performance Evaluation Employer shall annually review the performance of the Employee prior to July 1 subject to a process, form, criteria, and format for the evaluation which shall be mutually agreed upon by the Employer and Employee. The process at a minimum shall include the opportunity for both parties to: (1) prepare a written evaluation, (2) meet and discuss the evaluation, and (3) present a written summary of the evaluation results. The final written evaluation should be completed and delivered to the Employee within 30 days of the evaluation meeting. Section 13: Hours of Work It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the Employer, and to that end Employee shall be allowed to establish an appropriate work schedule. Section 14: Outside Activities The employment provided for by this Agreement shall be the Employee's sole employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the Employer and the community, the Employee may elect to accept limited teaching opportunities with the understanding that such arrangements shall not constitute interference with nor a conflict of interest with his or her responsibilities under this Agreement. Section 15: Moving and Relocation Expenses Employee agrees to establish residence within the corporate boundaries of the local government, and thereafter to maintain residence within the corporate boundaries of the local government. A. Employer shall pay directly for the expenses of moving Employee and his family and personal property from Birmingham, Michigan to Iowa City, Iowa. Said moving expenses include packing, moving, storage costs, unpacking, and insurance charges. B. Employer shall reimburse Employee for actual lodging and meal expenses for his/her family in route from Michigan to Iowa. Mileage costs for moving two personal automobiles shall be reimbursed at the current IRS allowable rate of 50 cents per mile. C. Employer shall pay Employee an interim housing supplement of One Thousand Dollars ($1,000) per month for a period commencing December 1, 2010 and shall continue for a maximum of 12 months. This supplement will cease upon the Employee's acquisition and closing on the Manager's home. D. Employer shall reimburse Employee for a total of 6 round trip air fares for Employee and his spouse for a total amount of 12 tickets at any time during the first year of service to assist with house hunting and other facets of the transition and relocation process. The Employee and his spouse may utilize and distribute the total 6 individual round trip tickets in any combination. The Employee shall be reimbursed for actual lodging and meal expenses incurred by Employee or his spouse on any trips conducted prior to relocation, as detailed herein. Section 16: Indemnification Beyond that required under Federal, State or Local Law, Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of Employee's employment or duties, unless the act or omission involved willful and wanton conduct. In the defense of such claims, the Employee may request and the Employer shall not unreasonably refuse to provide independent legal representation at Employer's expense and Employer may not unreasonably withhold approval. Legal representation, provided by Employer for Employee, shall extend until a final determination of the legal action including any appeals brought by either party. The Employer shall indemnify employee against any and all losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorneys fees, and any other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of his or her duties unless the act or omission involved willful and wanton conduct. Any settlement of any claim must be made with prior approval of the Employer in order for indemnification, as provided in this Section, to be available. Employee recognizes that Employer shall have the right to compromise, adjust and settle claims against Employee for which Employee is entitled to indemnification. Further, Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation to which the Employee is a party, witness or advisor to the Employer. Such expense payments shall continue beyond Employee's service to the Employer as long as litigation is pending. Section 17: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 18: Other Terms and Conditions of Employment Except as otherwise provided in this Agreement, the Employee shall be entitled to the highest level of benefits that are enjoyed by other administrative employees of the Employer as provided in the Charter, Code, Personnel Rules and Regulations or by practice. Section 19: Notices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) EMPLOYER: Mayor of Iowa City, Iowa with a copy to the Clerk 410 E. Washington St. Iowa City, Iowa 52240 (2) EMPLOYEE: Thomas M. Markus, 1365 Southfield Birmingham, MI 48009 Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 20: General Provisions A. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement. B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest. C. Effective Date. This Agreement shall become effective on December 1, 2010. D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. E. Governing law. This agreement and the interpretation of this agreement shall be governed by Iowa law. IOWA CITY, a Municipal Corporation By: n�i11 Mauer Attest: 1bJ""") -A""-) Clerk By: as M. Markus A roved as t City Attorney AMENDMENT TO EMPLOYMENT AGREEMENT Thomas M. Markus, City Manager of the City of Iowa City, and the City Council of the City of Iowa City do hereby amend the employment agreement between them dated October 11. 2010 as follows: Section 5 of said Agreement entitled "Vacation, Sick and Holidays" is amended to add an additional paragraph "D" as follows: D. The Employee shall receive the personal leave provided to administrative employees (currently one day a year) and shall receive an additional 4 days of personal leave each year. These 4 additional days of personal leave must be used each year and may not be carried over from one year to the next. CITY OF IOWA CITY, IOWA BY: A n MAYOR ATTEST: 245II� a� �e CITY .LERK as M. Markus M y City Attorney's Office 7-1 7— 1 9 Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 3191356-5041 RESOLUTION NO. 0a-99 RESOLUTION APPROVING THE APPOINTMENT OF MICHAEL A. LOMBARDO AS CITY MANAGER FOR THE CITY OF IOWA CITY, APPROVING AN EMPLOYMENT AGREEMENT RELATING THERETO, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE SAME FOR AND ON BEHALF OF THE CITY. WHEREAS, this City Council has determined that it would be in the best interests of the City of Iowa City, Iowa, to appoint Michael A. Lombardo as City Manager for the City of Iowa City; and WHEREAS, an Employment Agreement between the City and Michael A. Lombardo as City Manager has been prepared, which Employment Agreement is attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Michael A. Lombardo be and he is hereby appointed City Manager for the City of Iowa City, Iowa; and The Employment Agreement attached hereto and made a part hereof is hereby approved as to form and content; and The Mayor and City Clerk are authorized and directed to execute said Agreement in duplicate for and on behalf of the City of Iowa City, Iowa. Passed and approved this 29thddayy of A rii 20 w. ATTEST:�t I6 TY CLERK OR AWoved by City Attorney's Office Resolution No. 08-99 Page 2 It was moved by Wilburn and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: wpdaWglossMfreso1uGon4c.doc NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this 29'^ day of April, 2008, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter called "Employer," and Michael A. Lombardo, hereinafter called "Employee," each of whom understand as follows: WITNESSETH WHEREAS, Employer desires to employ the services of said Michael A. Lombardo as City Manager of the City of Iowa City, as provided by Article IV of the Charter of Iowa City and the Iowa City City Code; and WHEREAS, it is the desire of the City Council of Iowa City, hereinafter called "Council," to provide certain benefits, establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, it is the desire of the Council to (1) secure and retain the services of Employee and to provide inducement for him to remain in such employment, (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security, (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the party of Employee, and (4) to provide a just means for terminating Employee's services at such time as he may be unable fully to discharge his duties or when Employer may otherwise desire to terminate his employ; and WHEREAS, Employee desires to accept employment as City Manager of Iowa City; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties Employer hereby agrees to employ said Michael A. Lombardo as City Manager of said Employer to perform the functions and duties specified in Article IV of the City Charter and the Iowa City City Code, and to perform other legally permissible and proper duties and functions as the Council shall from time to time assign. Section 2. Term A. Employee's first day of employment hereunder shall be May 19, 2008. This agreement shall be for an indefinite time. B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3, paragraphs A and B, of this agreement. C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provisions set forth in Section 3, paragraph C and Section 8, paragraph D. of this agreement. Section 3. Termination and Severance Pay A. In the event Employee is terminated by the Council during such time as Employee is willing and able to perform his duties under this agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to six months' aggregate salary; provided, however, that in the event Employee is terminated because of his conviction of any illegal act involving personal gain to him, then, in that event, Employer shall have no obligation to pay the aggregate severance sum designated in this paragraph. B. In the event Employer at any time during the term of this agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all City employees, or in the event Employer refuses, following written notice, to comply with any other provision benefitting Employee herein, or the Employee resigns following a suggestion, whether formal or informal, by the Council that he resign, then, in that event, Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the severance pay provision. C. In the event Employee voluntarily resigns his position with Employer, then Employee shall give Employer two months notice in advance, unless the parties otherwise agree. Section 4. Salary Employer agrees to pay Employee for his services rendered pursuant hereto an annual salary of $160,000.00 payable in installments at the same time as other employees of the Employer are paid. In addition, Employer agrees to increase said base salary and/or other benefits of Employee in such amounts and to such extent as the Council may determine that it is desirable to do so on the basis of an annual salary review of said Employee. Section 5. Performance Evaluation A. The Council shall review and evaluate the performance of the Employee at least once annually by the first of July. Initial reviews shall occur in August, 2008 and November, 2008. Said annual review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee. Said criteria may be added to or deleted from as the Council may from time to time determine, in consultation with the Employee. Further, the Council shall provide the Employee with a summary written statement of the findings of the Council and provide an adequate opportunity for the Employee to discuss his evaluation with the Council. B. Annually, the Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the City and in the attainment of the Council's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. C. In effecting the provisions of this Section, the Council and Employee mutually agree to abide by the provisions of applicable law. Section 6. Hours of Work It is recognized that Employee must devote a great deal of time outside the normal office hours to business of the Employer, and to that end Employee shall be allowed to establish an appropriate work schedule. Section 7. Outside Activities The employment provided for by this Agreement shall be the Employee's sole employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the Employer and the community, the Employee may elect to accept limited teaching, consulting or other business opportunities with the understanding that such arrangements shall not constitute interference with nor a conflict of interest with his responsibilities under this Agreement. Section 8. Moving Expenses A. Employee shall be reimbursed, or Employer may pay directly, for the expenses of packing and moving Employee, his family, and his household goods from his present residence to Iowa City. Said payment or reimbursement may include unpacking, any necessary storage costs, and insurance charges. B. Employee shall be reimbursed by Employer for the reasonable expenses incurred by him and his family in travelling between his present residence and Iowa City for house hunting purposes. Such expenses shall be limited to one such trip, and shall include mileage, meals and lodging. C. Employer shall reimburse Employee for the cost of temporary housing for the period between commencement of employment and the move from his present residence. Such reimbursement shall be limited to $1500.00 per month for no more than three months. D. In the event Employee voluntarily terminates his employment before May 19, 2009, Employee shall be required to reimburse Employer for all expenses paid or reimbursed under this Section 8. E. Employee agrees to establish both temporary and permanent residences within the corporate boundaries of Iowa City. Section 9. Monthly Vehicle Allowance The Employer agrees to pay to the Employee, during the term of this Agreement and in addition to other salary and benefits herein provided, the sum of $400 per month, as a vehicle allowance to be used to purchase, lease, or own, operate and maintain a vehicle. The Employee shall be responsible for paying for liability, property damage, and comprehensive insurance coverage upon such vehicle and shall further be responsible for all expenses attendant to the purchase, operation, maintenance, repair, and regular replacement of said vehicle. Section 10. Vacation, Sick and Military Leave A. As an inducement to Employee for him to become City Manager, upon commencement of employment, Employee shall be credited with 10 days of vacation leave and 12 days of sick leave. Thereafter, Employee shall accrue, and have credited to his personal account, vacation and sick leave at the same rate as other general employees of employer. B. Employee shall be entitled to military reserve leave time pursuant to state law and City policy. Section 11. Disability, Health and Life Insurance A. Employer agrees to make required premium payments for insurance policies for such life and disability benefits covering Employee as Employer may now or hereafter have in effect for its administrative employees. B. Employer agrees to provide dental, hospitalization, surgical and comprehensive medical insurance for Employee and his dependents and to pay the premiums thereon equal to that which is provided all other administrative employees of Employer. Section 12. Retirement A. Employer agrees to enroll Employee into the Iowa Public Employment Retirement System (IPERS) and to make the contributions for the Employer as required by law. Section 13. Dues and Subscriptions Employer agrees to budget and pay for the professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of the Employer, specifically, including but not limited to the International City Management Association (ICMA) and Iowa CMA dues. Section 14. Professional Development A. Employer hereby agrees to budget for and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for Employer, including but not limited to the ICMA Annual Conference, the state league of municipalities and such other national, regional, state and local governmental groups and committees in which Employee serves as a member. B. Employer also agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his professional development and for the good of the Employer. Section 15. General Business Expenses Employer recognizes that certain reasonable and customary expenses of a non -personal and generally job affiliated nature are incurred by Employee, and hereby agrees to reimburse or to pay said general expenses, and the Finance Director is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. Section 16. Civic Club Membership Employer recognizes the value of having Employee participate and be directly involved in local civic clubs and organizations. Accordingly, Employer shall pay reasonable membership fees and/or dues to enable the Employee to become an active member in local civic clubs or organizations. Section 17. Technology Employer shall provide Employee with the technology necessary to perform the job and to maintain communications. Section 18. Indemnification Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Manager, unless the act or omission involved willful or wanton conduct. Employer will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Section 19. Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 20. Other Terms and Conditions of Employment A. The Council, in consultation with the manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the City Charter or any other law. B. All provisions of the City Charter and Code, and regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other administrative employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. C. Employee shall be entitled to receive the same vacation and sick leave benefits as are accorded other administrative employees of Employer, including provisions governing accrual and payment therefore on termination of employment. Section 21. Notices Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) EMPLOYER: Mayor and City Attorney 410 E. Washington St. Iowa City, Iowa 52240 (2) EMPLOYEE: Michael A. Lombardo (local address to be provided) Alternatively, notices required pursuant to this agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 22. General Provisions A. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement. B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest. C. Effective Date. This Agreement shall become effective on April 29, 2008, D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not effect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. IN WITNESS WHEREOF, Iowa City, Iowa, has caused this agreement to be signed and executed on its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed and executed this agreement, both in duplicate, the day and year first above written. 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