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
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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.
CITY OF IOWA CITY, IOWA
ATTEST:
City -Clerk
ROVED AS ORM:
City Attorney
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