CC 2023-07-25_12a Supplemental 1MEMORANDUM
TO: City Council
FROM: Isaac Rosen, City Attorney
SUBJECT: Supplemental Information
Agenda Item 12.a. – July 25, 2023 City Council Meeting
Appointment of Interim City Manager and Approval of Employment
Agreement
DATE: July 25, 2023
Attached is the proposed Interim City Manager employment agreement.
cc: City Manager
Assistant City Manager
City Clerk
City Website and Public Review Binder
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INTERIM CITY MANAGER EMPLOYMENT AGREEMENT
This Interim Employment Agreement (“Agreement”) is entered into by and between the
City of Arroyo Grande, California (“City”), and Bill Robeson (“Interim City Manager” or
“Robeson”).
RECITALS
WHEREAS, the City requires the services of an Interim City Manager, as the position of
City Manager will be vacant as of August 1, 2023; and
WHEREAS, the City has commenced efforts to recruit for a City Manager; and
WHEREAS, Robeson is currently employed as the City’s Assistant City Manager/Public
Works Director, pursuant to an Employment Agreement and an Amendment thereto; and
WHEREAS, Robeson has the necessary skills and expertise to serve as an Interim City
Manager;
WHEREAS, Robeson agrees to provide the necessary skills and expertise of an Interim
City Manager on a temporary basis beginning August 1, 2023; and
WHEREAS, the City agrees to return Robeson to the Assistant City Manager/Public Works
position upon completion of the Interim City Manager assignment; and
WHEREAS, the City, acting by and through its City Council, desi res to employ
Robeson’s services of City Manager on an interim basis, and to appropriately compensate him for
such services.
NOW, THEREFORE, in consideration of the mutual covenants and conditions, the parties
agree as follows:
1. Employment as Interim City Manager
A. Interim City Manager Appointment: Subject to the terms and conditions of this
Agreement, the City agrees to employ Employee as the City’s Interim City
Manager. As Interim City Manager, Employee shall report to the City Council and
shall perform the duties of the City Manager as set forth in Chapter 2.08 of the
Arroyo Grande Municipal Code. Interim City Manager shall have the authority
provided in the Municipal Code and as otherwise directed by the City Council,
including to oversee and appoint subordinate City employees.
B. No Due Process Rights or Permanent Appointment: Employee acknowledges that
his appointment as Interim City Manager shall not imply, guarantee, or create any
right, expectation, or entitlement of a continued appointment as the permanent City
Manager.
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2. Term and Termination
A. Effective Date: This Agreement shall take effect as of August 1, 2023, and shall
remain in effect until a permanent City Manager appointment is made and a City
Manager commences employment with the City or this Agreement is otherwise
terminated as provided for herein.
B. Maximum Hours: In no event shall Employee’s employment as Interim City
Manager extend beyond 960 hours or otherwise violate the provisions of
Government Code Section 20480 regarding limits on out-of-class appointments. In
accordance with Government Code Section 20480, the City will track Employee’s
hours worked as Interim City Manager and report that service to CalPERS no later
than thirty (30) days following the end of the present fiscal year.
C. At-Will Nature of Appointment: Employee understands that he has no
constitutionally protected property or other interest in his employment as Interim
City Manager and has no due process rights associated with this appointment.
Employee understands and expressly agrees that he serves in the Interim City
Manager position on a temporary basis at the will and pleasure of the City Council
and that he may be terminated or asked to resign from that position at any time by
the City Council, without cause. Employee is not eligible for any severance
benefits upon conclusion of this Agreement, regardless of the manner in which the
assignment concludes.
D. Return to Former Position: Upon the end of this Agreement, Employee shall return
to his position as Assistant City Manager/Public Works Director at the salary and
benefits then applicable to that position, without loss of longevity, benefits, or
rights. To the extent changed by this Agreement, the terms and conditions of
Employee’s Employment Agreement and Amendment will resume upon
completion of his assignment as Interim City Manager. To the extent not changed
by this Agreement (i.e., benefits and other terms and conditions of employment),
the Employment Agreement and Amendment remain in effect. True and correct
copies of the Employment Agreement and Amendment are attached hereto as
Exhibit A.
E. Ability to Resign: Nothing in this Agreement shall prevent, limit, or otherwise
interfere with the right of employee to resign at any time from the position of
Interim City Manager, upon providing ten (10) days written notice to the City
Council, at which time Employee shall return to his position as Assistant City
Manager/Public Works Director.
3. Salary and Compensation.
A. Salary: Employee’s current annual salary is Two Hundred Six Thousand Two
Hundred and Thirty Two Dollars ($206,232.00). For the duration of Employee’s
appointment as Interim City Manager under this Agreement, City will pay
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Employee a 10% increase in salary, for a total annual salary of $226,855.20, subject
to applicable deductions and other withholdings. This amount is payable to
Employee, on a pro rata basis, on the City’s established paydays. This salary will
apply only for the duration of Employee’s Interim City Manager assignment. At
the conclusion of this assignment, Employee will resume earning the salary
applicable to his position as Acting City Manager/Public Works Director. If the
City approves an increase in the salary of the Assistant City Manager/Public Works
Director position during this Interim City Manager assignment, the 10% increase
provided herein will be calculated based on that increased salary once it takes
effect, so long as the resulting salary remains within the pay range for the City
Manager position on the City’s salary schedule.
B. Benefits: Employer agrees to continue to provide Employee with all benefits he is
eligible to receive as Assistant City Manager/Public Works Director, consistent
with the terms of the Employment Agreement.
4. General Provisions.
A. The terms of this Agreement are intended by the parties as the final expression of
their agreement regarding the Interim City Manager appointment and may not be
contradicted by evidence of any prior agreement or contemporaneous oral
agreement. The parties further intend that this Agreement constitutes the complete
and exclusive statement of its terms and that no extrinsic evidence whatsoever may
be introduced in any judicial or arbitration proceeding, if any, involving this
Agreement. Any amendments to this Agreement must be in writing and executed
by both parties.
B. If any term, covenant, condition, or provision of this Agreement is held by a court
of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions shall remain in full force and effect and shall in no way be affected,
impaired or invalidated thereby.
C. This Agreement shall be governed by the laws of the State of California. Employee
and the City agree that venue for any dispute shall be in San Luis Obispo County,
California.
D. The parties acknowledge that they understand the significance and consequences
of this Agreement. The parties also acknowledge that they have been given full
opportunity to review and negotiate this Agreement and execute it only after full
reflection and analysis, and that they have had an opportunity to review this
document and its application and meaning with their respective attorneys and
advisors. This Agreement shall not be interpreted against the party who prepared
the initial draft because all parties participated in the drafting of this Agreement by
having ample opportunity to review and submit suggested changes or corrections
for incorporation into the final version of this Agreement.
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E. Employee may not assign this Agreement in whole or in part.
F. This Agreement may be executed in two or more counterparts, each of which shall
be deemed an original and all of which together shall constitute one and the same
instrument, and shall be governed by the laws of the State of California.
IN WITNESS WHEREOF, City and Employee have executed this Agreement effective August
1, 2023.
CITY OF ARROYO GRANDE EMPLOYEE
_______________________ _____________________
Caren Ray Russom, Mayor Bill Robeson
ATTEST:
________________________
Jessica Matson, City Clerk
APPROVED AS TO FORM:
________________________
Isaac Rosen, City Attorney