HomeMy WebLinkAboutItem 11 City Manager Pro Tem
AGENDA ITEM SUMMARY Meeting Date: 5/6/2019
Meeting Type: Regular Meeting
Staff Contact/Dept.: Chaim Hertz/Human
Resources
Staff Phone No: 541-726-3787
Estimated Time: 10 Minutes
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Provide Financially
Responsible and
Innovative Government
Services
ITEM TITLE:
CITY MANAGER PRO TEM
ACTION
REQUESTED:
Appoint/not appoint City Attorney, Mary Bridget Smith, as City Manager Pro Tem.
ISSUE
STATEMENT:
The purpose of this item is to appoint/not appoint a City Manager Pro Tem to serve
during the time period between Gino Grimaldi’s retirement and the selection of a
new City Manager.
ATTACHMENTS:
Attachment 1: Draft First Addendum to Employment Agreement
DISCUSSION/
FINANCIAL
IMPACT:
Section 21 of the City Charter requires the Council to appoint a City Manager Pro
Tem if the office of City Manager becomes vacant. City Manager, Gino Grimaldi,
will retire effective June 28, 2019 and the City Council is currently recruiting for
his replacement, but that person will not be selected until after Mr. Grimaldi’s last
day of employment. In anticipation of the gap of time between Gino Grimaldi’s
retirement and the selection of a new City Manager, the City Council can appoint
City Attorney, Mary Bridget Smith, to act as City Manager Pro Tem. The Office of
City Manager may not be vacant for longer than six months.
Mary Bridget Smith will continue some of her functions and duties as City Attorney
during the time she will serve as City Manager Pro Tem, but it will be necessary to
contract with an outside law firm to ensure that any remaining functions or duties of
the City Attorney are handled in an effective and timely manner. It is anticipated
that to contract with an outside law firm to cover any remaining City Attorney work
will be approximately $4,000-$5,000 per month. The arrangement will most likely
be an engagement letter for services billed at an hourly rate on a monthly basis.
The City Council currently has an Employment Agreement with the City Attorney
for her role as the City Attorney. That Employment Agreement would need to be
amended to reflect the temporary assignment as City Manager Pro Tem and would
include a temporary wage adjustment of a 7% increase of her base salary. That
temporary wage adjustment would increase the cost to the City by approximately
$790 per month.
Another option for the Council would be to hire a retired City Manager to act as the
City Manager Pro Tem. Typically, the cost for this service would be the equivalent
of the previous City Manager’s total compensation which in this case would be
approximately $15,000 per month.
FIRST ADDENDUM TO EMPLOYMENT AGREEMENT
THIS FIRST ADDENDUM, made and entered into this ________ day of _______________,
2019, modifies specific sections of the June _________, 2018, City Attorney Employment
Agreement by and between the CITY OF SPRINGFIELD, a municipal corporation of the State of
Oregon, hereinafter called “City,” and MARY BRIDGET SMITH, hereinafter called “City Attorney”.
The parties desire to amend the terms of the City Attorney Employment Agreement as indicated
below. The parties intending to be legally bond, agree as follows:
The purpose of this First Addendum is to memorialize the agreement between the City and City
Attorney. The City Attorney has accepted the position of City Manager Pro Tem to perform the
functions and duties of the City Manager for the City of Springfield. This temporary work
assignment is necessary due to the absence of a City Manager between the time of the
retirement of the current City Manager and the hiring of a new City Manager. This temporary
work assignment is effective from June 28, 2019 with a pay adjustment starting Sunday, June
30, 2019 until a new City Manager is appointed.
The parties agree that Sections 4 and 5 will be amended to read as follow:
Section 4: Duties
A. Employer employs the Employee as City Attorney to perform the duties specified in the
City of Springfield Charter, Municipal Code, and job description, and to perform other legally
permissible and proper duties and functions of the position. Employee will provide periodic
updates to Employer regarding the operation of the City Attorney’s Office.
B. It shall be the duty of the Employee to employ on behalf of the Employer all other
employees of the City Attorney’s Office consistent with the policies of the governing body and
the ordinances and charter of the Employer.
C. It shall also be the duty of the Employee to direct, assign, reassign, evaluate, and
terminate, as appropriate, employees of the City Attorney’s office consistent with policies,
regulations, ordinances, charter, and state and federal law.
D. All duties assigned to the Employee by the governing body shall be appropriate to and
consistent with the professional role and responsibility of the Employee.
E. In addition to the duties above, Employee will have the functions and duties of the City
Manager for a limited duration. Employee will perform the functions and duties specified in the
Springfield City Charter and such other duties and functions as the City Council shall, from time
to time, assign.
Section 5: Compensation
Base Salary: The Employer agrees to pay Employee on the annual base salary of $123,427
payable in installments at the same time as other City employees. The Employee shall start at
Step 5 of the City’s current E91 pay scale or the equivalent thereof. This Agreement shall be
automatically amended to reflect any salary adjustments that are provided or required by the
Attachment 1, Page 1 of 2
Employer’s compensations policies to include all salary adjustments on the same basis as
applied to other non-represented employees.
Temporary Assignment Pay: The Employer agrees to continue to pay Employee her annual
base salary effective July 1, 2019 plus a rate differential of 7% of her base salary payable in
installments at the same time as other employees of the City are paid until a new City Manager
is appointed or at Employer’s discretion.
Except as amended herein, all other terms and conditions of the June ____, 2018, City Attorney
Employment Agreement between the City and City Attorney will remain in full force and effect.
This Addendum will automatically expire and be replaced by the previously executed June
_____, 2018 City Attorney Employment Agreement when the City Council appoints a new City
Manager.
IN WITNESS WHEREOF, the City of Springfield has caused this First Addendum to be signed
and executed on its behalf by its Mayor and duly attested by the City Recorder, and the City
Attorney has signed and executed this First Addendum the day and year first above written.
_______________________________ _______________________________
Christine Lundberg, Mayor Mary Bridget Smith, City Attorney
Date: __________________________ Date: __________________________
_______________________________
AJ Ripka, City Recorder
Date: __________________________
Attachment 1, Page 2 of 2