HomeMy WebLinkAbout2018-08-07 Correspondence 4Vv
� _ CITY OF IOWA CITY
_ • MEMORANDUM
Date: August 1, 2018
To: Mayor and City Council Members
From: Kellie K. Fruehling, City Clerk
Re: Evaluation/Review of City Council Appointees
The Mayor has requested the following information for the August 7 meeting:
> Summary of past salary compensations
> City of Iowa City wage settlements
> FY19 administrative/confidential pay plan
> Employment Agreements
City Council Appointments
Base Salary History
[FY10-FY18]
MANAGER ATTORNEY CLERK
Incumbent Hire Date: 12/10 Incumbent Hire Date: 9/97 Incumbent Hire Date: 7/00
Salary Add'I Benefit Salary Add'I Benefit Salary Add'I Benefit
FY10 Interim/Acting 2% 2%
2009 $160,000 $75,329.28 $97,115.20
FY11 2.87% 2.87%
2010 $160,000 $77,488.32 $99,902.40
FY12 2% 2%
2011 $160,000 $79,035.84 $101,899.20
FY13 6% 3% 3%
2012 $170,000 $81,406.92 $104,956.80
FY14 2.50% 2.50%
2013 $170,000 4 personal days** $83,441.28 $107,577.60
$139,068.80
FY15 2% cash value deferred
2014 $173,409.60 $139,068.80 S personal days $107,577.60 comp
FY165 personal days&5 2�O
2015 $173,409.60 vacation days $139,068.80 5 vacation days# $107,720.00
FY17 Interim CM
2016 $170,019.20 3-19-16
FY18 Appt-CM
2016 180,000.00 7-31-16 $141,856.00 $ 111,924.80
FY18 July 1- 2.4% New appt
2017 184,329.60 ATB increase $152,713.60 Receive ATB $87,000.00 6-21-17
FY19 July 1 - 2.6% July 1 - 2.6% July 1 - 2.6%
2018 189,113.60 ATB increase $156,686.40 ATB increase $89,273.60 ATB increase
# equivalent to 2%raise
** equivalent to 1.54% raise (FY14); 3.84% raise (FY16)
City of Iowa City Wage Settlements
AFSCME Police Fire Admin/Conf
FY19 2.60% 2.60% 2.60% 2.60%
FY18 2.4% 2.40% 2.40% 2.4%
FY17 2.4% 2.40% * 2.4%
FY16 2% 2.75% 2% 2%
FY15 2.20% 2.20% 2.20% 2.20%
FY14 125% - 1.25% 125% - 125% 1.25% - 125% 125% - 125%
FY13 135% - 1.5% 1.35% - 1.5% 1.35% - 1.5% 1.35% - 1.5%
FY12 135% - 1.5% 1.35% - 1.5%* 1.35% - 1.5% 135% - 1.5%
FY11 1.35% - 1.5% 1.35% - 1.5% 1.35% - 1.5% 135% - 1.5%
FY10 3.10% 3.10% 3.05% 3.10%
FY09 3.30% 3.30% 3.30% 3.30%
*Notes
FY17 Fire wage settlement: 0% ATB in lieu of adding step 7 at 3.5% increase over step 6
and maintaining differentials between Lt and Capt scales
FY12 December 1.5% ATB for Police will be used to create a ten-year step
ADMINISTRATIVE/CONFIDENTIAL PAY PLAN-FY19(July 1,2018)
PAYGRADE:
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX
6 mo. 12 mo. 18 mo. 2.5 yrs 3.5 yrs 4.5 yrs 5.5 yrs 6.5 yrs 7.5 yrs
550% 5.50% 5.50% 3.50% 3.50% 3.50% 3.50% 3.50% 3.50%
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Battalion Chief $ 35.61 $ 37.62 $ 39.64 $ 41.86 $ 43.36 $ 44.88 $ 46.36 $ 48.03 $ 49.72 $ 51.45 • $ 54.91
Library Coordinator $ 2,848.80 $ 3,009.60 $ 3,171.20 $ 3,348.80 $ 3,468.80 $ 3,590.40 $ 3,708.80 $ 3,842.40 $ 3,977.60 $ 4,116.00 $ 4,392.80
Police Lieutenant $ 74,068.80 $ 78,249.60 $ 82,451.20 $ 87,068.80 $ 90,188.80 $ 93,350.40 $ 96,428.80 $ 99,902.40 $ 103,417.60 $ 107,016.00 $ 114,212.80
Wastewater Superintendent
Senior Center Coordinator BC-24hr
Senior Planner $ 25.4375 $ 26.8738 $ 28.3176 $ 29.9005 $ 30.9705 $ 32.0552 $ 33.1179 $ 34.3050 $ 35.5143 $ 36.7528 • $ 39.2225
Superintendent of Parks&Forestry $ 2,849.00 $ 3,009.87 $ 3,171.57 $ 3,348.86 $ 3,468.70 $ 3,590.18 $ 3,709.20 $ 3,842.16 $ 3,977.60 $ 4,116.31 $ 4,392.92
Superintendent of Streets $ 74,074.00 $ 78,256.62 $ 82,460.82 $ 87,070.36 $ 90,186.20 $ 93,344.68 $ 96,439.20 $ 99,896.16 $ 103,417.60 $ 107,024.06 $ 114,215.92
Water Superintendent
Housing Administrator
Equipment Superintendent
Economic Development Coordinator
Resource Management Superintendent
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MPOJC Director $ 38.63 $ 40.70 $ 42.92 $ 45.34 $ 46.93 $ 48.56 $ 50.27 $ 52.00 $ 53.74 $ 55.71 • $ 60.02
Human Resources Administrator $ 3,090.40 $ 3,256.00 $ 3,433.60 $ 3,627.20 $ 3,754.40 $ 3,884.80 $ 4,021.60 $ 4,160.00 $ 4,299.20 $ 4,456.80 $ 4,801.60
Police Captain $ 80,350.40 $ 84,656.00 $ 89,273.60 $ 94,307.20 $ 97,614.40 $ 101,004.80 $ 104,561.60 $ 108,160.00 $ 111,779.20 $ 115,876.80 $ 124,841.60
Recreation Superintendent
ITS Coordinator
Deputy Fire Chief
First Assistant City Attorney
Associate Director-Transportation Services
Neighborhood Services Coordinator
Development Services Coordinator
Assistant to the City Manager
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City Engineer $ 41.74 $ 44.07 $ 46.51 $ 49.03 $ 50.80 $ 52.56 $ 54.40 $ 56.28 $ 58.21 $ 60.28 • $ 65.54
$ 3,339.20 $ 3,525.60 $ 3,720.80 $ 3,922.40 $ 4,064.00 $ 4,204.80 $ 4,352.00 $ 4,502.40 $ 4,656.80 $ 4,822.40 $ 5,243.20
$ 86,81920 $ 91,665.60 $ 96,740.80 $ 101,982.40 $ 105,664.00 $ 109,324.80 $ 113,152.00 $ 117,062.40 $ 121,076.80 $ 125,382.40 $ 136,323.20
*After Step ID,employees are eligible for a 2%increase per year until they reach maximum pay.
EXECUTIVE PAY PLAN-FY19(July 1,2018)
PAYGRADE:
MINIMUM MAXIMUM
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Fire Chief $ 45.21 $ 71.65
Library Director $ 3,616.80 $ 5,732.00
Parks 8 Recreation Director $ 94,036.80 $ 149,032.00
Transportation Services Director
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Finance Director $ 48.96 $ 78.34
Police Chief $ 3,916.80 $ 6,267.20
Public Worts Director $ 101,836.80 $ 162,947.20
Assistant City Manager
Neighborhood and Development Services Director
EMPLOYMENT AGREEMENT
Introduction •
This Agreement, made and entered Into this 7-19-16 .by and between IOWA CITY,
IOWA, a municipal corporation, (hereinafter called "Employee) and GEOFFREY E.
FRUIN (hereinafter called "Employee") an individual who has the education, training
and experience In local government management and who, as a member of ICMA, is
subject to the ICMA Code of Ethics, both of whom agree as follows:
Section 1: Term
This agreement shall remain in full force and effect from 7/31/16 until terminated by the
Employer or Employee as provided in Section 8, 9 or 10 of this agreement.
Section 2: Duties and Authority
Employer agrees to employ Geoffrey E. Fruin as City Manager to perform the functions
and duties specified in Article IV of the Iowa City Charter & Title I Chapter 7 of the Iowa
City Code and to perform other legally permissible and proper duties and functions as
the Council may from time to time assign.
Section 3: Compensation
A. Base Salary: Employer agrees to pay Employee an annual base salary of$180,000
payable in installments at the same time that the other administrative employees of the
Employer are paid.
B. This agreement shall be automatically amended to reflect any salary adjustments
that are provided or required by the Employer's compensation policies to include all
salary adjustments on the same basis as applied to executive (department head)
administrative employees of the Employer
C. In addition, consideration shall be given on an annual basis to increase
compensation. Such decision shall be communicated with the annual performance
evaluation as detailed under Section 11 of this agreement. Increased compensation
may be provided in the form of a salary increase and/or other benefit considerations.
Section 4: Health, Disability and Life insurance Benefits
A. The Employer agrees to provide health, hospitalization, surgical, vision, dental and
comprehensive medical insurance for the Employee and his dependents equal to that
which Is provided to all other administrative employees of Iowa City.
B. The Employer agrees to provide disability insurance equal to that which is provided
to all other administrative employees of Iowa City.
C. The Employee may elect to submit once per calendar year to a complete physical
examination, including a cardiovascular examination, by a qualified physician selected
by the Employee,the cost of which shall be paid by the Employer unless the cost is
covered by Insurance.
D. The Employer shall pay the amount of the premium not in excess of $2,000
annually for term life insurance In the amount of three (3) times the Employee's annual
base salary, including all increases in the base salary during the life of this agreement.
The Employee shall name the beneficiary of the life insurance policy. Employee
understands that this Is a taxable benefit.
E. Other Benefits. During the term of this agreement, Employer shall offer to Employee
other fringe benefits which may be provided other non-represented Administrative and
Confidential employees of Employer.
Section 5:Vacation, Sick, and Holidays
A. Upon commencing employment, the Employee shall be credited with vacation leave
equal to the highest annual accrual (192 hours) provided to all other employees. The
Employee shall then accrue sick and vacation leave on an annual basis at the highest
rate provided to any other employees. Employer agrees to provide a holiday and
personal day benefit program equal to that which is provided to all other administrative
employees of Employer.
The employee shall carry over all sick leave previously accrued while working for the
Employer.
B. The Employee is entitled to accrue unused vacation leave up to a maximum of 400
hours, and in the event the Employee's employment is terminated, either voluntarily or
involuntarily, the Employee shall be compensated for all accrued vacation time. All sick
leave shall be accrued consistent with all other administrative employees.
Section 6: Retirement
A. The Employer agrees to enroll the Employee into the applicable state or local
retirement system and to make all the appropriate contributions on the Employee's
behalf, for the Employees share.
B. In addition to the Employer's payment to the state or local retirement system (as
applicable) referenced above, Employer agrees to execute all necessary agreements
provided by ICMA Retirement Corporation [ICMA-RC] or other Section 457 deferred
compensation plan for Employee's continued participation in said supplementary
retirement plan and, in addition to the base salary paid by the Employer to Employee,
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Employer agrees to pay an amount equal to 12.5% of his base salary or the maximum
allowable amount under IRS rules whichever Is the lesser amount, Into the designated
plan on the Employee's behalf, in equal proportionate amount each pay period. The
parties shall fully disclose to each other the financial Impact of any amendment to the
terms of Employee's retirement benefit.
In lieu of making a contribution to a Section 457 deferred compensation plan, the dollar
value of this contribution may be used, at the Employee's option, to purchase previous
service from another qualified retirement or pension plan.
Section 7: General Business Expenses
A. Employer agrees to budget for and to pay for professional dues and subscriptions
of the Employee necessary for continuation and full participation in national, regional,
state, and local associations, and organizations necessary and desirable for the
Employee's continued professional participation, growth, and advancement, and for the
good of the Employer.
B. Employer agrees to budget for and to pay for travel and subsistence expenses of
Employee for professional and official travel, meetings, and occasions to adequately
continue the professional development of Employee and to pursue necessary official
functions for Employer, Including but not limited to the ICMA Annual Conference, the
state league of municipalities, and such other national, regional, state, and local
governmental groups and committees in which Employee serves as a member.
C. Employer also agrees to budget for and to pay for travel and subsistence expenses
of Employee for short courses, institutes, and seminars that are necessary for the
Employee's professional development and for the good of the Employer.
D. Employer recognizes that certain expenses of a non-personal but job related
nature are incurred by Employee, and agrees to reimburse or to pay said general
expenses. The finance director is authorized to disburse such moneys upon receipt of
duly executed expense or petty cash vouchers, receipts, statements or personal
affidavits or other necessary documentation required in accordance with the policies of
the City of Iowa City.
E. The Employer acknowledges the value of having Employee participate and be
directly involved in local civic clubs or organizations. Accordingly, Employer shall pay for
the reasonable membership fees and/or dues to enable the Employee to become an
active member in local civic clubs or organizations.
F. The Employer shall provide Employee with a technology allowance of $2,000 per
year for software, subscriptions, hardware, mobile devices and other technology that
enable the Employee to perform functions of the job while away from the office. The
allowance is intended for purchases that are above and beyond standard office
accommodations such as desktop computers. The City Finance Director Is authorized to
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provide the Employee reimbursement for such expenses upon proof of purchase.
Section 8: Termination
For the purpose of this agreement, termination shall occur when:
A. The majority of the governing body votes to terminate the Employee at a duly
authorized public meeting.
B. If the Employer, citizens or legislature acts to amend any provisions of the Iowa City
Charter or Iowa City Code pertaining to the role, powers, duties, authority,
responsibilities of the Employee's position that substantially changes the form of
government, the Employee shall have the right to declare that such amendments
constitute termination.
C. If the Employer, without the approval of Employee, reduces the base salary,
compensation or any other financial benefit of the Employee, unless it is applied in no
greater percentage than the average reduction of all administrative employees, such
action may constitute a breach of this agreement and, at the Employee's sole discretion,
can be regarded as a termination.
D. If the Employee resigns following an offer to accept resignation, whether formal or
informal, by the Employer as representative of the majority of the governing body that
the Employee resigns, then the Employee may declare a termination as of the date of
the suggestion.
Section 9: Severance
Severance shalt be paid to the Employee when employment Is terminated as defined in
Section 8.
In the event Employee is terminated or discharged by the City Council and during such
time the Employee Is willing and able to perform his duties under this Agreement, then,
and In that event, the Employer shall continue to pay to the Employee his then-existing
base salary and deferred compensation on the regular payroll schedule of the Employer
(i) until the expiration of fifteen (15) months from the date of termination. To the extent
allowable by law, Employer shall either continue to provide and pay for Employee and
dependents health insurance or pay Employee's premiums for COBRA coverage during
the severance period.
If the Employee is terminated because of a conviction of a felony or conviction for a
misdemeanor involving misconduct in office under Chapter 721 of the Iowa Code, then
the Employer is not obligated to pay severance under this section..
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Section 10: Resignation
In the event that the Employee voluntarily resigns his position with the Employer, the
Employee shall provide a minimum of 60 days notice unless the parties agree
otherwise.
Section 11: Annual Goal Setting and Performance Evaluation
Employer shall annually review the performance of the Employee prior to August 1
subject to a process, form, criteria, and format for the evaluation which shall be mutually
agreed upon by the Employer and Employee. Within thirty (30)days of execution of this
agreement the Employer shall provide the Employee with a preliminary set of goals for
the following year. The Employer shall discuss these preliminary goals during an
executive session with the Employee and, within 14 days of that discussion, present the
Employee with a final written set of goals. Subsequently, new goals shall be provided to
the Employee at the time of the annual performance evaluation. A written summary of
the performance evaluation shall be provided to the Employee within thirty(30) days of
the performance review. The performance review shall include consideration of an
increase in compensation.
Section 12: Hours of Work
It is recognized that the Employee must devote a great deal of time outside the normal
office hours on business for the Employer, and to that end Employee shall be allowed to
establish an appropriate work schedule.
Section 13: Outside Activities
The employment provided for by this Agreement shall be the Employee's sole
employment, Recognizing that certain outside consulting or teaching opportunities
provide indirect benefits to the Employer and the community, the Employee may elect to
accept limited teaching opportunities with the understanding that such arrangements
shall not constitute interference with nor a conflict of Interest with his or her
responsibilities under this Agreement.
Section 14: Residence
Employee agrees to maintain residence within the corporate boundaries of the local
government.
Section 15: Indemnification
Beyond that required under Federal, State or Local Law, Employer shall defend, save
harmless and indemnify Employee against any tort, professional liability claim or
demand or other legal action, whether groundless or otherwise, arising out of an alleged
act or omission occurring within the scope of Employee's employment or duties, unless
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the act or omission involved willful or wanton conduct. In the defense of such claims, the
Employee may request and the Employer shall not unreasonably refuse to provide
independent legal representation at Employer's expense and Employer may not
unreasonably withhold approval. Legal representation, provided by Employer for
Employee, shall extend until a final determination of the legal action including any
appeals brought by either party. The Employer shall indemnify employee against any
and all losses, damages, judgments, Interest, settlements, fines, court costs and other
reasonable costs and expenses of legal proceedings including attorneys fees, and any
other liabilities incurred by, Imposed upon, or suffered by such Employee in connection
with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising
out of or in connection with the performance of his or her duties unless the act or
omission Involved willful or wanton conduct. Any settlement of any claim must be made
with prior approval of the Employer in order for indemnification, as provided in this
Section, to be available.
Employee recognizes that Employer shall have the right to compromise, adjust and
settle claims against Employee for which Employee is entitled to Indemnification.
Further, Employer agrees to pay all reasonable litigation expenses of Employee
throughout the pendency of any litigation to which the Employee Is a party, witness or
advisor to the Employer. Such expense payments shall continue beyond Employee's
service to the Employer as long as litigation is pending.
Section 16: Bonding •
Employer shall bear the full cost of any fidelity or other bonds required of the Employee
under any law or ordinance.
Section 17: Other Terms and Conditions of Employment
Except as otherwise provided in this Agreement, the Employee shall be entitled
to the highest level of benefits that are enjoyed by other administrative employees of the
Employer as provided in the Charter, Code, Personnel Rules and Regulations or by
practice.
Section 18: Notices
Notice pursuant to this Agreement shall be given by depositing in the custody of the
United States Postal Service, postage prepaid, addressed as follows:
(1) EMPLOYER: Mayor of Iowa City, Iowa with a copy to the Clerk
410 E. Washington St.
Iowa City, Iowa 52240
(2) EMPLOYEE: Geoffrey E. Fruin,
3077 Lower West Branch Road
Iowa City, IA 52245
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Alternatively, notice required pursuant to this Agreement may be personally served in
the same manner as is applicable to civil Judicial practice. Notice shall be deemed given
as of the date of personal service or as the date of deposit of such written notice In the
course of transmission in the United States Postal Service.
Section 19; General Provisions
A. Integration. This Agreement sets forth and establishes the entire understanding
between the Employer and the Employee relating to the employment of the Employee
by the Employer. Any prior discussions or representations by or between the parties are
merged into and rendered null and void by this Agreement. The parties by mutual
written agreement may amend any provision of this agreement during the life of the
agreement. Such amendments shall be incorporated and made a part of this
agreement.
B. Binding Effect, This Agreement shall be binding on the Employer and the Employee
as well as their heirs, assigns, executors, personal representatives and successors in
Interest.
C. Effective Date. This Agreement shall become effective on July 31, 2016.
D. Severability. The invalidity or partial invalidity of any portion of this Agreement will
not affect the validity of any other provision, In the event that any provision of this
Agreement is held to be invalid, the remaining provisions shall be deemed to be in full
force and effect as if they have been executed by both parties subsequent to the
expungement or judicial modification of the invalid provision.
E. Governing law. This agreement and the Interpretation of this agreement shall be
governed by Iowa law.
IOWA CITY, a Municipal Corporation
By: /
Attest: �u ,� k 10441
Clerk
By: 714 f
Geoffrey E. Fruin
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C (� 7- /3 -/G
City Attorney
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Employment Agreement
THIS AGREEMENT, is made and entered into this 12th day of October •
1999 by and between the City of Iowa City, State of Iowa, a municipal corporation
hereinafter called"Employer,"and Eleanor M. Dilkes, hereinafter called "Employee".
WHEREAS, Pursuant to previous action by Employer, Employee is the City Attorney for the City
of Iowa City;and
WHEREAS, Employer and Employee desire to set forth in writing the terms and conditions of
Employee's employment as City Attorney.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as follows:
Section 1: Duties
Pursuant to Article II of the City Charter, Employer hereby agrees to employ said Eleanor M.
Dilkes as City Attorney for the City of Iowa City to perform the functions and duties specified in
Title I, Chapter 7, City Code, and to perform other legally permissible and proper duties and
functions as the Council shall from time to time assign.
Section 2: Term
A. This agreement shall be for an indefinite time.
B. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the
Council to terminate the services of Employee at any time, subject only to the provisions set
forth in Section 4, Paragraphs A and B, of this agreement.
C. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the
Employee to resign at any time from her position with Employer, subject only to the
provisions set forth in Section 4, Paragraph C.
Section 3: Suspension
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Employer may suspend the Employee with full pay and benefits at any time during the term of
this agreement, but only if:
1. A majority of Council and Employee agree; or
2. After a public hearing, a majority of Council votes to suspend Employee for just cause
provided, however, that Employee shall have been given written notice setting forth any
charges at least ten days prior to such hearing by the Council members bringing such
charges.
Section 4: Termination and Severance Pay
A. In the event Employee is terminated by the Council during such time as Employee is willing
and able to perform her duties under this agreement, then in that event Employer agrees to
pay Employee a lump sum cash payment equal to three months aggregate salary, provided,
however, that in the event Employee is terminated because of her conviction of any illegal
act involving personal gain to her, then, in that event, Employer shall have no obligation to
pay the aggregate severance sum designated in this paragraph.
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B. In the event Employer at any time during the term of this agreement reduces the salary or
other financial benefits of Employee in a greater percentage than an applicable across-the-
board reduction for all City employees, or in the event Employer refuses, following written
notice, to comply with any other provision benefiting Employee herein, or the Employee
resigns following a suggestion, whether formal or informal, by the Council that she resign,
then,in that event, Employee may, at her option, be deemed to be "terminated" at the date
of such reduction or such refusal to comply within the meaning and context of the severance
pay provision.
C. In the event Employee voluntarily resigns her position with Employer, then Employee shall
give Employer one month notice in advance, unless the parties otherwise agree.
Section 5: Disability
If Employee is permanently disabled or is otherwise unable to perform her duties because of
sickness, accident, injury, mental incapacity, or health for a period of twelve successive weeks,
Including any accrued sick leave, Employer shall have the option to terminate this agreement;
subject to the severance pay requirements in Section 4, Paragraph A. However, Employee shall
be compensated for any accrued sick leave, vacation, compensatory time, and other accrued
benefits.
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Section 6: Salary
Employer agrees to pay Employee for her services rendered pursuant hereto an annual base
salary of $78,811.20, payable in installments at the same time as other employees of the
Employer are paid.
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In addition, Employer agrees to review said base salary and/or other benefits of Employee and
adjust said salary and benefits in such amounts and to such extent as the Council may
determine that it is desirable to do so on the basis of an annual salary review of said Employee
made at the same time as similar consideration is given other employees generally.
Section 7: Performance Evaluation
The Council shall review and evaluate the performance of the Employee at least once annually,
with the method of evaluation to be in accordance with provisions of applicable law.
Section 8: Hours of Work
It is recognized that Employee must devote a great deal of time outside the normal office hours
to business of the Employer, and to that end Employee will be allowed to take compensatory
time off as she shall deem appropriate during said normal office hours.
Section 9: Outside Activities
Employee shall not spend more than ten hours per week in teaching, counseling, or other non-
Employer connected business without the prior approval of the Council.
Section 10: Vacation, Sick, and Military Leave
• A. Employee shall accrue, and have credited to her personal account, vacation and sick leave
at the same rate as other general employees of Employer. Additional vacation time may be
credited to Employee upon the mutual agreement of Employer and Employee.
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Section 11: Disability, Health, and Life Insurance
A. Employer agrees to make required premium payments for insurance policies for such life,
accident sickness, disability income benefits, major medical and dependent coverage group
insurance covering Employee and her dependents as Employer may now or hereafter have
in effect for its administrative employees.
B. Employer agrees to provide dental, hospitalization, surgical and comprehensive medical
insurance for Employee and her dependents and to pay the premiums thereon equal to that
which is provided all other employees of Employer.
'Section 12: Dues and Subscriptions
Employer agrees to budget and pay for the professional duties and subscriptions of Employee
necessary for her continuation and full participation In national, regional, state, and local
associations and organizations necessary and desirable for her continued professional
participation, growth, and advancement, and for the good of the Employer.
Section 13: Professional Development
Employer hereby agrees to budget for and to pay the travel and subsistence expenses of
Employee for professional and official travel, meetings, seminars, courses, continuing education
and occasions adequate to continue the professional development of Employee and to
adequately pursue necessary official and other functions for Employer.
Section 14: Indemnification .
Employer shall defend, save harmless, and indemnify Employee against any tort, professional
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 Employee's duties as City Attorney.
Employer will compromise and settle any such claim or suit and pay the amount of any
settlement or judgement rendered thereon.
Section 15: Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee under
any law or ordinance,
Section 16: Other Terms and Conditions of Employment
A. The Council, in consultation with the Employee, shall fix any such other terms and
conditions of employment, as it may determine from time to time, relating to the performance
of Employee, provided such terms and conditions are not inconsistent with or in conflict with
the provisions of this agreement, the City Charter or any other law.
B. All provisions of the City Charter and Code, and regulations and rules of the Employer
relating to vacation and sick leave, retirement and pension system contributions, holidays
and other fringe benefits and working conditions as they now exist or hereafter may be
amended, also shall apply to Employee as they would to other employees of Employer, in
addition to said benefits enumerated specifically for the benefit of Employee, except as
herein provided.
C. Employee shall be entitled to receive the same vacation and sick leave benefits as are
accorded department heads, including provisions governing accrual and payment therefor
on termination of employment.
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Section 17: No Reduction of Benefits
Employer shall not at any time during the term of this agreement reduce the salary,
compensation, cc other financial benefits of Employee,except to the degree of such a reduction
across-the-board for all employees of the Employer.
Section 18: Notices
Notices pursuant to this agreement shall be given by deposit In the custody of the Unites States
Postal Service, postage prepaid,addressed as follows:
1) Employer. Mayor
410 E.Washington Street
Iowa City, IA 52240
2)Employee: Eleanor M. Dilkes
410 E.Washington Street
Iowa City, IA 52240
Alternatively, notices required pursuant to this agreement may be personally served In the same
manner as Is applicable to civil Judicial practice. Notice shall be deemed given as of the date of
personal service or as the date of deposit of such written notice in the course of transmission in
the United States Postal Service.
Section 19: General Provisions
A. The text herein shall constitute the entire agreement between the parties.
B. This agreement shall be binding upon and inure to the benefit of the heirs at law and
executors of Employee.
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C. This agreement shall become effective commencing July 1, 1999.
D. If any provisions, or any portion thereof, contained in this agreement is held unconstitutional,
invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be
deemed severable, shall not be affected and shall remain in full force end effect.
IN WITNESS WHEREOF, the City of Iowa City, Iowa has caused this agreement to be signed
and executed in its behalf by its Mayor, and duly attested by Its City Clerk, and the Employee
has signed and executed this agreement, both In duplicate, the day and year first above written.
CITY OF IOWA CITY, IOWA
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D "—,
By: et/142 • GPS/—
ayor Eleanor M. Dilkes
ATTEST: _/J
By: l .) 7� 7 4 i
ty Clerk
Wasnai w ..eo
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AMENDMENT TO EMPLOYMENT AGREEMENT
Eleanor M. Dikes,City Attorney for the City of Iowa City, and the City Council of the City of Iowa City
do hereby amend the employment agreement between them dated October 12, 1999 as follows:
1. Section 11 of said Agreement Is hereby amended by adding the following paragraph
'V thereto:
•
Section 11: Disability, Health and Life Insurance
A. Employer agrees to make required premium payments for insurance policies for such
life, accident sickness, disability Income benefits, major medical and dependent
coverage group Insurance covering Employee and her dependents as Employer may
now or hereafter have in effect for its administrative employees.
B. Employer agrees to provide dental, hospitalization, surgical and comprehensive
medical Insurance for Employee and her dependents and to pay the premiums
thereon equal to that which Is provided all other employees'of Employer.
C. Notwithstanding anything herein to the contrary, and/or the reduction of
Employee's hours by mutual agreement to less than 1.0 FTE, Employer shall
provide medical insurance to Employee and her dependents and pay the
premium thereon equal to that which Is provided to full-time employees of
Employer.
CITY OF 10 y e TY, 10 • /
• • OR
ATTEST: �. .z. _
DEPUTY I '"ERK
•By:
u2 . or
Eleanor M. Dllkes
ekanonagUgyatt-agtSecl lamend.dcc
--
AMENDMENT TO EMPLOYMENT AGREEMENT
Eleanor M. Dikes,City Attorney of the City of Iowa City,and the City Council of the City of Iowa
City do hereby amend the employment agreement between them dated October 12, 1999 as
follows:
n
1. Section 10 of said Agreement entitled 'Vacation,Sick and Military Leave Is amended to add
an additional paragraph "B" as follows;
B. The Employee shall receive the personal leave provided to administrative
employees(currently one day a year)and shall receive an additional 5 days of personal
leave each year: These 5 additional days of personal leave must be used each year and
may not be carried over from one year to the next.
CITY OF IOWA CITY
BY: sky �kf
MAYOR )�
ATTEST: 012G!!7r/ 1 C .
CITY CLERK C�
By: l�'0), 7-9-/
IL
Eleanor M.Dllkes
proved b
City Attorney's Office
AMENDMENT No. 4 TO EMPLOYMENT AGREEMENT '
Eleanor M.Dllkes,City Attorney of the City of Iowa City,and the City Council of the City of Iowa
City do hereby amend the employment agreement between them dated October 12, 1999 as
follows:
1. Section 10 of said Agreement entitled "Vacation,Sick and Military Leave Is amended to add
an additional paragraph "C" as follows:
C. In addition to the vacation leave provided to administrative employees, Employee shall
receive an additional 5 days of vacation leave each year.
CITY OF IOWA CITY
BY:
MAYOR /J J/ /
ATTEST: / i��e J 7G 7L?NL
TY
By: 2 • ��Ci""'�
Eleanor M. Mikes
Amendment No. 5 to Employment Agreement
Eleanor M. Dikes, City Attorney of the City of Iowa City, and the City Council of the City of Iowa
City do hereby amend the employment agreement between them dated October 12, 1999 as
follows:
1. Section 6 (Salary) of said Employment Agreement entitled "Salary" is amended to add the
following paragraph:
This agreement shall be automatically amended to reflect
any salary adjustments that are provided or required by the
Employer's compensation policies to include all salary
adjustments on the same basis as applied to executive
(department head) administrative employees of the
Employer. •
City of Iowa City
By: 7
Mayor •
Attes:a a a.
City Clerk
By: ^0C_
Eleanor M. Dikes
EMPLOYMENT AGREEMENT
This Agreement is made and entered into this 20th day of June , 2017 by and
between IOWA CITY, IOWA, a municipal corporation, (hereinafter "Employer") and
KELLIE K. FRUEHLING (hereinafter"Employee").
Section 1: Term
A. This agreement shall be for an indefinite period of time.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
the Employer to terminate the services of the Employee at any time in accordance with
Iowa law (Iowa Code Section 372.15 or otherwise if amended).
C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
the Employee to resign at any time from her position with Employer. Unless the parties
agree otherwise, in the event Employee voluntarily resigns she shall give Employer 30
days advance notice.
Section 2: Duties and Authority
Pursuant to Article II of the City Charter, Employer agrees to employ Kellie Fruehling as
City Clerk to perform the functions and duties specified in Title I Chapter 7 of the Iowa
City Code, the Code of Iowa, and other legally permissible and proper duties and
functions as the City Council may from time to time assign.
Section 3: Compensation
A. Base Salary: Employer agrees to pay Employee an annual base salary of $87,000
payable in installments at the same time that other administrative employees of the
Employer are paid.
B. This agreement shall be automatically amended to reflect any salary adjustments
that are provided or required by the Employer's compensation policies to include all
salary adjustments on the same basis as applied to administrative employees of the
Employer
C. Consideration shall be given on an annual basis to an increase in compensation.
Such decision shall be communicated with the annual performance evaluation.
Section 4: Performance Evaluation
The Council shall review and evaluate the performance of the Employee at least once
annually on or before August 1 with the method of evaluation to be in accordance with
provisions of applicable law. The first performance evaluation will occur on or before
August 1, 2018 with any increase in compensation to be effective July 1, 2018.
Section 5: Health, Disability and Life Insurance Benefits
A. The Employer agrees to provide health, hospitalization, surgical, vision, dental and
comprehensive medical insurance for the Employee and her dependents equal to that
which is provided to all other administrative employees of Iowa City.
B. The Employer agrees to provide disability insurance equal to that which is provided
to all other administrative employees of Iowa City.
C. The Employer agrees to provide life insurance benefits equal to that which is
provided to all other administrative employees of Iowa City.
D. During the term of this agreement, Employer shall offer to Employee other fringe
benefits which may be provided other non-represented Administrative and Confidential
employees of Employer.
Section 6: Vacation, Sick, Holidays and Retirement
Employee shall accrue, and have credited to her personal account, vacation and sick
leave equal to that which is provided to all other administrative employees of the City,
and shall receive holiday pay on the same terms as that which is provided to all other
administrative employees of Iowa City. The Employee will receive any retirement
benefit required by Iowa law and the ability to access and contribute to a deferred
compensation plan to the same extent and on the same terms as other administrative
employees of the City.
Section 7: Professional Development
Employer agrees to budget for and to pay the travel and subsistence expenses of
Employee for professional and official travel, meetings, seminars, courses, continuing
education and occasions adequate to continue the professional development of
Employee as City Clerk and to adequately pursue necessary official and other functions
for Employer.
•
Section 8: Hours of Work
It is recognized that the Employee must devote a great deal of time outside the normal
office hours on business for the Employer, and to that end Employee shall be allowed to
establish an appropriate work schedule.
2
Section 9: Outside Activities
The employment provided for by this Agreement shall be the Employee's sole
employment. Recognizing that certain outside teaching opportunities provide indirect
benefits to the Employer and the community, the Employee may elect to accept limited
teaching opportunities with the understanding that such arrangements shall not
constitute interference with or a conflict of interest with her responsibilities under this
Agreement.
Section 10: Indemnification
Beyond that required under Federal, State or Local Law, Employer shall defend, save
harmless and indemnify Employee against any tort, professional liability claim or
demand or other legal action, whether groundless or otherwise, arising out of an alleged
act or omission occurring within the scope of Employee's employment or duties, unless
the act or omission involved willful or wanton conduct. In the defense of such claims, the
Employee may request and the Employer shall not unreasonably refuse to provide
independent legal representation at Employer's expense and Employer may not
unreasonably withhold approval. Legal representation, provided by Employer for
Employee, shall extend until a final determination of the legal action including any
appeals brought by either party. The Employer shall indemnify employee against any
and all losses, damages, judgments, interest, settlements, fines, court costs and other
reasonable costs and expenses of legal proceedings including attorneys fees, and any
other liabilities incurred by, imposed upon, or suffered by such Employee in connection
with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising
out of or in connection with the performance of his or her duties unless the act or
omission involved willful or wanton conduct. Any settlement of any claim must be made
with prior approval of the Employer in order for indemnification, as provided in this
Section, to be available.
Employee recognizes that Employer shall have the right to compromise, adjust and
settle claims against Employee for which Employee is entitled to indemnification.
Further, Employer agrees to pay all reasonable litigation expenses of Employee
throughout the pendency of any litigation to which the Employee is a party, witness or
advisor to the Employer. Such expense payments shall continue beyond Employee's
service to the Employer as long as litigation is pending.
Section 11: Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee
under any law or ordinance.
Section 12: Other Terms and Conditions of Employment
Except as otherwise provided in this Agreement, the Employee shall be entitled
3
to the highest level of benefits that are enjoyed by other administrative employees of the
Employer as provided in the Charter, Code, Personnel Rules and Regulations or by
practice.
Section 13: Notices
Unless otherwise required by law, notice pursuant to this Agreement shall be given by
depositing in the custody of the United States Postal Service, postage prepaid,
addressed as follows:
(1) EMPLOYER: Mayor of Iowa City, Iowa with a copy to the City Manager
410 E. Washington St.
Iowa City, Iowa 52240
(2) EMPLOYEE: Kellie K. Fruehling
2565 Copper Dr.
Marion, IA 52302
Alternatively, notice required pursuant to this Agreement may be personally served in
the same manner as is applicable to civil judicial practice. Notice shall be deemed given
as of the date of personal service or as the date of deposit of such written notice in the
course of transmission in the United States Postal Service.
Section 14: General Provisions
A. Integration. This Agreement sets forth and establishes the entire understanding
between the Employer and the Employee relating to the employment of the Employee
by the Employer. Any prior discussions or representations by or between the parties are
merged into and rendered null and void by this Agreement. The parties by mutual
written agreement may amend any provision of this agreement during the life of the
agreement. Such amendments shall be incorporated and made a part of this
agreement.
B. Binding Effect. This Agreement shall be binding on the Employer and the Employee
as well as their heirs, assigns, executors, personal representatives and successors in
interest.
C. Effective Date. This Agreement shall become effective on June 21, 2017
D. Severability. The invalidity or partial invalidity of any portion of this Agreement will
not affect the validity of any other provision. In the event that any provision of this
Agreement is held to be invalid, the remaining provisions shall be deemed to be in full
force and effect as if they have been executed by both parties subsequent to the
expungement or judicial modification of the invalid provision.
E. Governing law. This agreement and the interpretation of this agreement shall be
4
governed by Iowa law.
IOWA CITY, a Municipal Corporation
By:
M or
ATTEST:
D Y CITY CLERK
Q 0 i /
Kellie K. Fruehli S
pp oved . . .rm:
/ i 60-1si7
City Attorney
5
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
On this 15tnday of Nay 2018 the City of Iowa City, Iowa and Kellie Fruehling, the
City Clerk, do hereby amend the Employment Agreement between them dated June 20,
2017.
Section 6 of said Employment Agreement is amended by inserting the underlined
language below:
Section 6: Vacation, Sick, Holidays and Retirement
A. Except as provided in paragraph B of this section, Employee shall accrue, and have
credited to her personal account, vacation and sick leave equal to that which is provided
to all other administrative employees of the City, and shall receive holiday pay on the
same terms as that which is provided to all other administrative employees of Iowa City.
The Employee will receive any retirement benefit required by Iowa law and the ability to
access and contribute to a deferred compensation plan to the same extent and on the
same terms as other administrative employees of the City.
B. The Employee is entitled to accrue unused vacation leave up to a maximum of 320
hours, and in the event the Employee's employment is terminated, either voluntarily or
involuntarily, the Employee shall be compensated for all accrued vacation time not
exceeding 320 hours.
By:
Kix C�` b
ATTEST: a @ �
a)-e9M CITY CLERK
Ke ie Fruehling
/"roved rfo fo
City Attorney