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

Meeting Date: January 19, 2016

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STAFF REPORT

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

MEETING DATE: January 19, 2016

PREPARED BY: Jose M. Sanchez, City Attorney

REVIEWED BY: Jose M. Sanchez, City Attorney

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RECOMMENDATION:

Consider adopting Resolution No. 2016-_, Appointing Odilon Ortiz as Interim City Manager and approving a Fourth Amendment to the Employment Agreement between the City of Livingston and Odilon Ortiz.

BACKGROUND:

On December 18, 2015, the City’s City Manager, Eddie Duque, resigned from his employment as City Manager to pursue other professional opportunities. Given the resignation, the City Council has begun recruitment conversations and needs to appoint an Interim City Manager to perform City Manager duties.

On January 5, 2016, the City Council reported out of Closed Session that the City Council unanimously voted to appoint Odilon Ortiz as Interim City Manager.

On October 24, 2011, the City and Odilon Ortiz, Jr., entered into an Employment Agreement ("Employment Agreement"), employing Mr. 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 Mr. Ortiz’ compensation and benefits.

On February 19, 2015, due to the resignation of a previous City Manager, the City and Mr. Ortiz entered into a Second Amendment to Mr. Ortiz’ Employment Agreement appointing Mr. Ortiz Interim City Manager.

His assignment as Interim City Manager was terminated on September 29, 2015, after a new City Manager was appointed.

On October 20, 2015, the City and Mr. Ortiz entered into a Third Amendment to his Employment Agreement memorializing the conclusion of his Interim City Manager assignment.

DISCUSSION:

Adoption of this Resolution will appoint Mr. Ortiz as the City’s Interim City Manager and approve a Fourth Amendment to his Employment Agreement. Mr. 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, or the City Council appoints a new City Manager, whichever occurs first, Mr. Ortiz shall automatically return to his Assistant City Manager/Finance Director position at the salary he was receiving prior to the assignment

As part of the Fourth Amendment to the Employment Agreement, Mr. Ortiz will be compensated a monthly salary of Ten Thousand Eighty Three Dollars and Thirty-Three Cents ($10,083 .33) per month, (yearly salary of One Hundred Twenty-One Thousand Dollars ($121,000)) while working as Interim City Manager.

ATTACHMENTS:

1. Resolution No.

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RESOLUTION NO. 2016-

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

WHEREAS, on October 24, 2011, the City of Livingston 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 February 19, 2015, due to the resignation of a previous City Manager, the City and Ortiz entered into a Second Amendment to Ortiz’ Employment Agreement appointing Ortiz Interim City Manager. Ortiz’ assignment as Interim City Manager ended on September 29, 2015 after a new City Manager was appointed. On October 20, 2015, the City and Ortiz entered into a Third Amendment to Ortiz’ Employment Agreement memorializing the ending of his Interim City Manager assignment; and

WHEREAS, on December 18, 2015, the City’s City Manager, Eddie Duque, resigned from his employment as City Manager to pursue other professional opportunities; and

WHEREAS, on January 5, 2016, the City Council reported out of Closed Session that the City Council unanimously voted to appoint Ortiz as Interim City Manager; 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 Fourth 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 January 5, 2016. This is consistent with the report out of Closed Session on January 5, 2016.

2. The City Council hereby approves the Fourth Amendment to the Employment Agreement between the City and Ortiz, attached hereto as Exhibit A and incorporated herein

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by reference, and authorizes and directs the Mayor to sign the Fourth Amendment on behalf of the City.

Passed and adopted this 19th day of January 2016, 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 19th day of January 2016.

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Antonio Silva, City Clerk of the City of Livingston

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