HomeMy WebLinkAboutCM - REAM, DAVID - 1989-2011
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A-2008-036
THIRD AMENDMENT TO AGREEMENT
FOR EMPLOYMENT OF THE CITY MANAGER
THIS THIRD AMENDMENT to the Agreement for the Employment of the City
Manager is made this 19th day of February, 2008 by and between the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and laws of the
State of California (the "City") and David N. Ream (the "Official").
RECIT ALS
A. The City and the Official are parties to that certain Agreement for Employment of the City
Manager dated March 20, 1989, as amended by that certain First Amendment dated April
15, 1991 (the "First Amendment") and as further amended by that certain Second
Amendment dated February 18, 2003 (the "Second Amendment") (collectively, "the
Agreement").
B. The City and the Official seek to further amend the Agreement to adjust the Official's base
salary and additional compensation.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. Section 3 of the Agreement is hereby amended to read as follows:
"(a) Effective March 1,2008, the salary ofthe Official is hereby fixed and established at
Nineteen Thousand Six Hundred Ninety-Three Dollars ($19,693.00) per month which shall be
paid in the same manner and at the same time as other monthly salaries in the city are paid.
(b) As additional compensation deducted from his salary pursuant to Government Code
Section 53214, the Officer shall receive deferred compensation in the maximum annual amount
permitted pursuant to Section 457 of the Internal Revenue Code, excluding any permitted catch
up contribution, commencing with calendar year 2008."
2. Section 6(a) of the Agreement is hereby deleted.
3. Except as necessary to implement the intent of this Third Amendment, the Agreement
shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
[Signatures provided on next page]
"CITY"
ATTEST:
Patricia Healy
Clerk of the Council
"OFFICIAL"
By: afh~
David N. Re
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A-2003-037
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SECOND AMENDMENT TO AGREEMENT
FOR THE EMPLOYMENT OF THE CITY MANAGER
THIS SECOND AMENDMENT to the Agreement for the Employment of the City
Manager is made this 18th day of February, 2003 by and between the City of Santa Ana,
a charter city and municipal corporation duly organized and existing under the
Constitution and laws of the State of California ("City"), and David N. Ream
("Official").
RECITALS
A.
The City and Official are parties to that certain Agreement for Employment of
City Manager dated March 20, 1989, as amended by that certain Amendment
to Agreement for Employment of City Manager dated April 15, 1991 (the
"First Amendment") (collectively, the "Agreement");
B.
The City and Official seek to further amend the Agreement to clarify existing
language related to payments to CalPERS on the Officer's behalf to ensure
that said payments will be treated by CalPERS in the same fashion as for all
other City employees.
Now therefore, the Parties agree as follows:
1.
Section 5 of the Agreement is hereby amended to read as follows:
"The terms of the existing contract between the City and the California Public
Employees' Retirement System ("CaIPERS") governing the retirement benefits for
affected employees, as amended, are incorporated herein by reference, and the City
shall continue to make contributions to CalPERS in accordance with said contract
for the Officer at the same rate and in the same manner that the City provides for the
class designated as Executive Management (''EM'').''
2.
Effect of Amendment
Except as necessary to implement the intent of this Second Amendment, the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Second Amendment the
day and year first above written.
[Signatures provided on next page]
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ATTEST:
9~'
Patricia Healy ~
Clerk of the Council
"OFFICIAL"
B, Q4/a.-
David N. Ream
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AMENDMENT TO AGREEMENT
FOR EMPLOYMENT OF
CITY MANAGER
~ AMENDMENT TO AGREEMENT, made
. I~ , 19!1.L, by
Sant Ana, a municipal corporation of
("city"), and David N. Ream ("Officer"),
and entered into on
and between the City of
the state of California
W-I-T-N-E-S-S-E-T-H
Recitals:
A. The City and Officer entered into an agreement dated March 20,
1989, for employment of Officer as City's City Manager, hereinafter
referred to as "said Agreement."
B. The parties hereto now desire to amend said Agreement to provide
for an increase in salary.
WHEREFORE, in consideration of the respective and mutual covenants
hereinafter contained and made, and subject to all the terms and
conditions hereof, the parties do hereby agree as follows:
1. sections
follows:
3 of said Agreement is hereby amended to read as
"3. From and after May 1, 1991, the salary of the Office
of the City Manager of the City of Santa Ana is hereby
fixed and established at Eleven Thousand Three Hundred
Thirty-three Dollars ($11,333.00) per month which shall
be paid in the same manner and at the same times as other
monthly salaries in the city are paid."
2. Except as modified hereby, the terms and conditions of said
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Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this amendment
to agreement the date and year first above written.
CITY OF SANTA ANA
n1ce C. Guy
lerk of the Counc
ATTEST:
APPROVED AS TO FORM:
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EJC:mb(36)
2/7/89'
Rev.: 2/24/89
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INSURANCE NOT REQUIRED
WORK MAY FHOCHD
CLERK OF COUNCIL
DATE: '//:/f7
CC.' ('/1
f¡I"
ff~.municipal corporation of the
David N. Ream ("Officer"),
AGREEMENT FOR EMPLOYMENT
OF CITY MANAGER
THIS AGREEMENT, made and entered into on
MAR,C!.H
2,0 ,
1989, by and between the City of Santa Ana, a
State of California ("City"), and
W-I-T-N-E-S-S-E-T-H
In consideration of the respective and mutual covenants
hereinafter contained and made, and subject to all the terms and
conditions hereof, the parties hereto do hereby agree as follows:
1 .
The City Council of City hereby appoints David N. Ream
to the Office of the City Manager of the City of Santa Ana pursuant
to Section 500 of the Charter of the City for a period of three
(3) years commencing on March I,
1989, and expiring on February 29,
1992, unless otherwise extended as herein provided.
2.
David N. Ream hereby accepts appointment as City Manager
of the City of Santa Ana.
3.
The salary of the Office of the City Manager of the City
of Santa Ana is hereby fixed and established at Nine Thousand
Three Hundred Twenty Dollars ($9,320.00) per month which shall be
paid in the same manner and at the same times as other monthly
salaries in the city are paid.
4 .
From and after July I, 1989, said officer shall
receive
the same percentage salary adjustments provided the class desig-
nated as Executive Management.
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5. That the city shall pay to the Public Employees' Retire-
ment System on behalf of said officer an amount equal to seven
percent (7%) times the compensation upon which such retirement con-
tributions are calculated.
Such payments are not an increase in
base salary.
6.
In addition to the salary hereinabove fixed and estab-
lished for said office, said officer shall receive, as additional
compensation, the following employee benefits:
(a)
Deferred Compensation
Said officer shall receive an annual deferred
compensation of Seven Thousand Five Hundred Dollars
($7,500.00).
The amounts contributed by the city
under this provision shall be subject to the terms
and conditions of the City of Santa Ana Deferred
Compensation Plan, and subject further to the con-
ditions that:
i.
Said officer shall not have any vested right
in the amounts contributed by the city until
termination of employment with the city; and
ii.
The city will pay the total amount of contri-
but ions plus any earnings thereon to said officer
upon termination, resignation, retirement, dis-
missal or death.
(b)
Health Insurance & Dental Insurance
Said officer shall receive the same health and
dental insurance benefits, upon the same terms and
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conditions, as provided the class designated as
Executive Mangement.
(c)
Disability Insurance
The city shall pay the full premium for a long-
term disability insurance plan for said officer.
(d)
Automobile
The city shall provide, at said officer's
option, the amount of automobile allowance author-
ized from time to time by the City Council, or in
lieu thereof an automobile for said officer's ex-
elusive use.
(e)
Life Insurance
The city shall provide the same life insurance
coverage for said officer, upon the same terms
and conditions, as provided the class designated
as Executive Management.
(f)
Holidays
Said officer shall receive the same holidays,
upon the same terms and conditions, as provided
the class designated as Executive Management.
(g)
Vacation and Option
Said officer shall receive vacation benefits
and vacation pay option, as provided in the class
designated as Executive Management, except may
accrue earned vacation time to an unlimited level
and shall be paid for any unused accrued vacation
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upon termination of employment whether for cause
or not or by a voluntary termination.
(h)
Sick Leave Benefit
Said officer shall receive the same sick
leave benefit, upon the same terms and conditions,
as provided the class designated as Executive
Management, including provisions governing accrual
of sick leave and payment therefor upon termination
of employment whether for cause or not or by a volun-
tary termination.
( i)
Indemnification
The city shall defend, hold harmless and
indemnify said officer against any tort, pro-
fessional 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 said officer's duties.
The
city may compromise and settle any such claim or
suit and pay the amount of any settlement or
judgment rendered therefrom.
(j)
Carry Over Benefits
In addition to the benefits specified in sub-
paragraphs (a) through (i) hereinabove, said
officer shall receive any and all benefits accorded
unrepresented executive management employees of the
city who are miscellaneous members of the Public
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Employees' Retirement System (PERS), except said
officer shall not be entitled to participate in the
management performance bonus plan.
7.
On March 1, 1990 unless the City Council gives
said Officer written notice of its decision not to extend this
agreement, this agreement shall be extended to February 28, 1993.
On each succeeding March 1st, unless the City Council gives
said officer written notice of its decision not to so extend
this agreement, then this agreement shall be extended an addition-
al year.
8.
Pursuant to the terms of the City Charter the City Coun-
cil may terminate this agreement at any time for cause if said
officer commits any of the following acts:
(a)
Fraud in securing this appointment.
(b)
Loss of mental capacity for more than six con-
secutive months as determined by a court of com-
petent jurisdiction.
(c)
Habitual and willful neglect of duty.
(d)
willful destruction or misuse of city property.
(e)
Habitual drunkenness on duty, whether by alcohol
or non-prescription drugs.
(f)
Inexcusable absence without leave.
(g)
Political activity involving the support of
candidates for City Councilor Charter amendments,
unless such Charter amendments are proposed or
opposed by a majority of the City Council.
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(h)
Willful violation of the State or Federal
discrimination laws concerning race, religious
creed, color, national origin, ancestry, physical
handicap, marital status, sex or age concerning
either members of the general public or city
employee(s) while acting in the course and scope
of employment, and while acting without the prior
approval or direction of the City Council.
( i )
willful and unlawful retaliation against any
other city officer or employee or member of the
general public who in good faith reports, discloses,
divulges, or otherwise brings to the attention of
any appropriate authority any facts or information
relative to actual or suspected violations of any
law occurring on the job or directly related thereto.
(j)
willful violation of any conflict of interest
or incompatibility of office laws.
(k)
Performance of outside business interests that
conflict directly with the activities and duties as
City Manager; but not including educational or pro-
fessional training programs conducted by the manager
whether for personal financial gain or not.
(1)
Refusal to take or subscribe any oath or
affirmation which is required by law.
(m)
Conviction of a felony or conviction of a mis-
demeanor involving moral turpitude (a conviction
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following a plea of nolo contendere is deemed a
convict ion).
In order to terminate the officer for any of the above
reasons the termination must occur during a period of one year
after a majority of the city council becomes aware or should have
become aware of the event(s) for which the termination could occur.
If the officer does not agree with the reason(s) for
the termination then the officer may exercise any legal rights
that he may have in order to be reinstated to the position.
If
litigation occurs then the prevailing party shall be awarded its
reasonable attorney fees.
9.
In the event said officer is terminated by the City
Council before expiration of the term of employment and during
such time that said officer is willing and able to perform his
duties under this agreement, then in that event the City agrees
to pay said officer a lump sum cash payment equal to the remain-
ing months on the term of this agreement.
In addition the City shall provide at no cost to the
officer the same health and medical insurance program or its
equivalent then in effect for a period of six months.
In the event said officer is terminated for any reason
set forth in paragraph 8 hereinabove the City shall have an
obligation to pay to the officer an aggregate severance sum
equal to three (3) months of pay and shall maintain the same
health and medical insurance program or its equivalent then in
affect for the period of three months.
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10.
In the event the City Council at any time during the
term of this agreement reduces the salary or other financial
benefits of said officer in a greater percentage than an applicable
across-the-board reduction for all employees of the City, or in
the event the City Council refuses, following written notice, to
comply with any other provision benefitting said officer herein,
or said officer resigns following a suggestion by a majority of
the City Council that he resign, made in an open meeting of the
City Councilor in writing, then, in that event, said officer
may, at his option, be deemed to be "terminated" within the
meaning of paragraph 9 hereinabove.
11. In the event said officer voluntarily resigns his
position with the City before expiration of the term of this
agreement, then said officer shall give the City Council three (3)
months notice in advance, unless the parties otherwise agree.
12.
The City covenants to take such action as may be necessary
to include all benefits to said officer hereunder during any fiscal
year of the City in its annual budget for such year and to make the
necessary annual appropriations for all such benefits.
13.
In the event that this contract is ruled not enforceable
or otherwise invalid by a court of competent jurisdiction, then the
employment of the officer as City Manager shall be pursuant to the
provision of City Council Resolution number 86-65, effective
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July 12, 1986, and City Council Resolution number 88-79, effec-
tive November 21, 1988.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement the date and year first above written.
CITY OF SANTA ANA
a ice C. Guy
Clerk of the Council
ATTEST:
APPROVED AS TO FORM:
APPROVED AS TO FORM:
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