5 Resolution Appointing Odilon Ortiz as Interim City Manager and Approving a Second Amendment to the Employment Agreement between the City of Livingston and Odilon Ortiz.

Meeting Date: FEBRUARY 03, 2015

Agenda Item #5. Resolution Appointing Odilon Ortiz as Interim City Manager and Approving a Second Amendment to the Employment Agreement between the City of Livingston and Odilon Ortiz.

Note from TheGardeningSnail: Parts of this page may have been prepared by running a PDF Image Document through a program which converts image to text. My apologies for any Textual Gremlins that may have slipped in. Copy of the Original can be found on the City’s Website. I may also have broken up some of the longer paragraphs for ease of reading.

STAFF REPORT

AGENDA ITEM: Resolution Appointing Odilon Ortiz as Interim City Manager and Approving a Second Amendment to the Employment Agreement between the City of Livingston and Odilon Ortiz.

MEETING DATE: February 3, 2015

PREPARED BY: Jose M. Sanchez, City Attorney

REVIEWED BY: Jose M. Sanchez, City Attorney

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RECOMMENDATION:

Consider adopting Resolution No. 2015-_, Appointing Odilon Ortiz as Interim City Manager and approving a Second Amendment to the Employment Agreement between the City of Livingston and Odilon Ortiz.

BACKGROUND:

On December 22, 2014, the City’s City Manager, Jose Antonio Ramirez, informed the City of his desire to resign from his employment as City Manager to pursue personal and professional opportunities outside of the region. Mr. Ramirez’ last day with the City was January 31, 2015. Given the resignation, the City Council has begun recruitment conversations and needs to appoint an immediate successor to perform City Manager duties. On January 20, 2015, the City Council reported out of Closed Session that the majority of the City Council (3-0, with two Council Members being absent) voted to appoint Odilon Ortiz as Interim City Manager effective February 1, 2015.

On October 24, 2011, the City and Odilon Ortiz, Jr. ("Ortiz") entered into an Employment Agreement ("Employment Agreement") employing Ortiz as the City’s Assistant City Manager/Finance Director. This Employment Agreement was amended on December 16, 2014 to extend the term of the Employment Agreement and make minor changes to Ortiz’ compensation and benefits.

DISCUSSION:

Adoption of this Resolution will appoint Ortiz as the City’s Interim City Manager and approve a Second Amendment to his Employment agreement. Ortiz’ Interim assignments as City Manager will be subject to the complete discretion of the City Council and such assignments may be terminated by the City Council at any time for any or no reason. At such time that the City Council terminates such assignment, Ortiz shall return to his Assistant City Manager/Finance Director position at the salary set forth in the First Amendment to the Employment Agreement.

As part of the Second Amendment to the Employment Agreement, Ortiz will be compensated a monthly salary of Nine Thousand Five Hundred Eighty-Three and 33/lOOths Dollars ($9,583.33) per month (yearly salary of One Hundred Fifteen Thousand Dollars ($115,000)) while working as Interim City Manager. This is an increase from Ortiz’ current monthly base salary of Eight Thousand One Hundred Forty Dollars ($8,140) (yearly salary of Ninety Seven Thousand Six Hundred and Eighty Dollars ($97,680)).

ATTACHMENTS:

1. Resolution No.

RESOLUTION NO. 2015-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPOINTING ODILON ORTIZ AS INTERIM CITY MANAGER AND APPROVING A SECOND AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LIVINGSTON AND ODILON ORTIZ

WHEREAS, on October 24, 2011, the City and Odilon Ortiz, Jr. ("Ortiz") entered into an Employment Agreement ("Employment Agreement") employing Ortiz as the City’s Assistant City Manager/Finance Director; and

WHEREAS, on December 16, 2014, the City and Ortiz entered into the First Amendment and Restatement to Agreement for Employment of Assistant City Manager/Finance Director ("First Amendment"), extending the term of the Employment Agreement and making minor changes to Ortiz’ compensation and benefits; and

WHEREAS, on December 22, 2014, the City’s City Manager, Jose Antonio Ramirez, informed the City of his desire to resign from his employment as City Manager to pursue personal and professional opportunities outside of the region. Mr. Ramirez’ last day with the City was January 31, 2015; and

WHEREAS, on January 20, 2015, the City Council reported out of Closed Session that the majority of the City Council (3-0, with two Council Members being absent) voted to appoint Ortiz as Interim City Manager effective February 1, 2015; and

WHEREAS, Ortiz’ Interim assignment as City Manager is subject to the complete discretion of the City Council and such assignment may be terminated by the City Council at any time for any or no reason; and

WHEREAS, the City Council and Ortiz desire to execute the attached Second Amendment to incorporate the terms of Ortiz’ Interim City Manager assignment into the Employment Agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston, that:

1. The City Council hereby appoints Ortiz as Interim City Manager effective February 1, 2015. This is consistent with the report out of Closed Session on January 20, 2015.

2. The City Council hereby approves the Second Amendment to the Employment Agreement between the City and Ortiz, attached hereto as Exhibit A and incorporated herein by reference, and authorizes and directs the Mayor to sign the Second Amendment on behalf of the City.

Passed and adopted this 3rd day of February 2015, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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Rodrigo Espinoza, Mayor of the City of Livingston

ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 3rd day of February 2015.

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Antonio Silva, City Clerk of the City of Livingston

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SECOND AMENDMENT TO EMPLOYMENT AGREEMENT

This Second Amendment to the Employment Agreement of Assistant City Manager/Finance Director ("Second Amendment") is made and entered into this 3rd day of February 2015, by and between the City of Livingston, a general law City ("City"), and Odilon Ortiz, Jr., an individual ("Ortiz"), collectively referred to as the "Parties."

RECITALS

WHEREAS, on October 24, 2011, the City and Ortiz entered into an Employment Agreement ("Employment Agreement") employing Ortiz as the City’s Assistant City Manager/Finance Director; and

WHEREAS, on December 16, 2014, the City and Ortiz entered into the First Amendment and Restatement to Agreement for Employment of Assistant City Manager/Finance Director ("First Amendment"), extending the term of the Employment Agreement and making minor changes to Ortiz’ compensation and benefits; and

WHEREAS, on December 22, 2014, the City’s City Manager, Jose Antonio Ramirez, informed the City of his desire to resign from his employment as City Manager to pursue personal and professional opportunities outside of the region. Mr. Ramirez’ last day with the City was January 31, 2015; and

WHEREAS, on January 20, 2015, the City Council reported out of Closed Session that the majority of the City Council (3-0, with two Council Members being absent) voted to appoint Ortiz as Interim City Manager effective February 1, 2015; and

WHEREAS, Ortiz’ Interim assignments as City Manager is subject to the complete discretion of the City Council and such assignment may be terminated by the City Council at any time for any or no reason; and

WHEREAS, the City Council and Ortiz desire to execute this Second Amendment to incorporate the terms of Ortiz’ Interim City Manager assignment into the Employment Agreement.

NOW, THEREFORE, THE PARTIES AGREE TO THE FOLLOWING ADDENDUM TO THE EMPLOYMENT AGREEMENT

1. Ortiz shall receive a monthly salary of Nine Thousand Five Hundred Eighty- Three and 33/ lOOths Dollars ($9,583.33) per month (yearly salary of One Hundred Fifteen Thousand Dollars ($115,000)) while working as Interim City Manager. This salary adjustment is retroactive to Ortiz’ initial assignment as Interim City Manager on February 1, 2015. This compensation reflects the City Council’s decision from Closed Session on January 20, 2015.

2. Ortiz was placed in the role of lnterim City Manager effective February 1, 2015.

3. While working in an assignment of Interim City Manager, Ortiz shall perform the functions and duties of the City Manager position specified in the City Manager job description/ classification, Livingston Municipal Code and any other duties and functions assigned by the City Council.

4. Ortiz’ Interim assignment as City Manager is subject to the complete discretion of the City Council, and such assignment may be terminated by the City Council at any time for any or no reason. At such time that the City Council terminates such assignment, Ortiz shall return to his Assistant City Manager/Finance Director position at the salary set forth in the First Amendment to the Employment Agreement, provided that Ortiz’ employment has not been terminated or non-renewed as specified in the First Amendment and the Employment Agreement.

IN WITNESS HEREOF, the Parties have caused their authorized representative to execute this Agreement on this 3rd day of February, 2014.

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Odilon Ortiz Jr., an individual

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Rodrigo Espinoza, Mayor City of Livingston

APPROVED AS TO FORM:

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Jose M. Sanchez, City Attorney

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DATED: –

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