City of Fairfax, Virginia City Council Regular Meeting Agenda Item # 7a City Council Meeting 12/19/2017 TO: FROM: SUBJECT: ISSUE(S): SUMMARY: FISCAL IMPACT: RECOMMENDATION: ALTERNATIVE COURSE OF ACTION: ORIGINATOR / POC: COORDINATION Honorable Mayor and Members of City Council Robert Sisson, City Manager Consideration of agreements between the City and the City Constitutional Officers (the City Treasurer and the City Commissioner of the Revenue). Adoption of agreements between the City and the City Treasurer and the City Commissioner of the Revenue (each, a Constitutional Officer ). The City has, for many years, had agreements with the two Constitutional Officers on matters such as compensation, personnel matters, budgeting and general cooperation between City staff and the Constitutional Officers. The current agreements with the Treasurer and the Commissioner of the Revenue are set to expire on December 31, 2017. With the re-election of the incumbent Treasurer, and Commissioner of the Revenue, City staff and the Constitutional Officers desire to ensure that the agreements coincide with the terms of office for the respective Constitutional Officers (current four year terms extending from January 1, 2018 to December 31, 2021). The attached draft Constitutional Officer Agreements are substantively identical to the previous agreements (with some minor formatting changes), are acceptable to the Constitutional Officers, and staff is recommending approval. There is no additional fiscal impact. The agreements continue the previous coverage and benefits to the Constitutional Officers and their respective employees. Approval of the attached draft Constitutional Officer Agreements. Do not approve the draft agreements, or request changes to the agreements. Tom Scibilia, City Treasurer William Page Johnson, II, City Commissioner of the Revenue City Attorney ATTACHMENTS: Draft Constitutional Officer Agreements (2) Sample Motion
CONSTITUTIONAL OFFICER AGREEMENT (TREASURER) (2018-2021) THIS AGREEMENT made and entered into effective as of the 1 st day of January, 2018 ( Effective Date ), by and between Tom Scibilia, the duly elected Treasurer for the City of Fairfax, Virginia (hereinafter referred to as the "Constitutional Officer"), party of the first part; and the City of Fairfax, Virginia, a Virginia municipal corporation (hereinafter referred to as the "City"), party of the second part. WHEREAS, Article VII, Section 4 of the Constitution of the Commonwealth of Virginia provides for the election of a City Treasurer and City Commissioner of the Revenue by the voters of the City of Fairfax, Virginia; and WHEREAS, the City Treasurer and the City Commissioner of the Revenue are designated Constitutional Officers; and WHEREAS, in accordance with Section 15.2-1605.1 of the Code of Virginia, as amended, the governing body of any city, in its discretion, may supplement the compensation of the Constitutional Officers, their deputies and employees in such amounts as it may deem expedient; and WHEREAS, in accordance with Section 15.2-1605 of the Code of Virginia, as amended, the City shall provide annual leave, sick leave, and legal holidays for only the deputies and employees of the Constitutional Officers; and WHEREAS, the Constitutional Officers in accordance with Section 66-3(a)(2) of the Code of the City of Fairfax, Virginia, are exempt service employees; and WHEREAS, in accordance with Section 66-3(b) of the Code of the City of Fairfax, Virginia, employees in the exempt service are not subject to the provisions of Chapter 66 of the City Code except as mutually agreed to by the appropriate authorities and the City Council of the City the City Council ). NOW, THEREFORE, this Agreement WITNESSETH: that for and in consideration of the premises and the mutual covenants contained herein; and other good and valuable considerations, the receipt of which is hereby acknowledged, the parties hereto agree as follows: A. The Constitutional Officer shall: 1. Administer for the Constitutional Officer s deputies and employees Chapter 66 of the Code of the City of Fairfax, Virginia, Administrative Regulations promulgated from time to time by the City Manager, and all standard operating procedures of the City government. 2. Recruit and employ personnel in accordance with the procedures of the City's Personnel Department. The employment decision of a deputy or employee is the sole prerogative of the Constitutional Officer provided the individual hired meets the minimum qualifications of the job as outlined in the job description. The termination decision of a deputy or employee is the sole prerogative of the Constitutional Officer. The Constitutional Officer s authority pursuant to Virginia Code Section 15.2-1603 to terminate the appointment of a deputy or employee is not intended to be infringed by this Agreement and such decisions are not subject to the City s grievance procedure.
3. Employ no personnel in excess of that authorized by the State Compensation Board without the express consent of the City Council. 4. Consult with the City Manager and/or the Director of Finance regarding the preparation and presentation of the Constitutional Officer s Compensation Board budget prior to submittal. Seek reimbursement from the Compensation Board for all allowable expenses. 5. Meet with the City Council whenever the need arises or whenever either the City or the Constitutional Officer desires to meet to discuss matters of mutual interest and importance. 6. Comply with all procedures, including compliance with the audit management letter, applicable to the Constitutional Officer's office set forth in the City's Financial Procedures Manual, as amended, a current copy of which is incorporated herein by this reference. The manual is updated annually. 7. Provide financial or informational reports as requested by the City Council or City Manager. B. The City shall: 1. Support and contribute to the Constitutional Officer's compensation to fund the City's share of the State's mandated salary. In addition, the Council has assigned the Constitutional Officer to a grade in the City's Classification Plan for the purpose of providing supplementary compensation above the mandated salary to assure reasonable compensation for the level of duties and performance of the Constitutional Officer. The supplementary compensation for the Constitutional Officer shall include the City's contribution to the local retirement system, the Virginia Retirement System, and fringe benefits offered by the City to include group hospitalization, group life insurance, worker's compensation insurance, accident and sickness insurance and long-term disability insurance. The Constitutional Officer does not accrue sick leave or annual leave under the City's leave program. 2. Pay the Constitutional Officer in accordance with the Constitutional Officer Bonus Plan, Resolution No. R-01-4, adopted January 23, 2001 (as the same may be amended by action of the City Council, in consultation with the Constitutional Officer). 3. Accept the deputies and employees of the Constitutional Officer into the City's personnel system. The deputies and employees may participate in any and all fringe benefits offered to career-service employees of the City. 4. Meet with the Constitutional Officer whenever the need arises or whenever either the City or the Constitutional Officer desires to meet to discuss matters of mutual interest and importance. 5. Provide office space, office furniture and supplies in accordance with the established City budget policy. C. Upon breach of any provision of this Agreement, the party not in default may cancel the same upon ten (10) days prior written notice and the failure of the defaulting party within that period of time to correct and rectify the breach complained of. D. This Agreement shall be in full force and effect retroactively to the Effective Date, and continuing until 11:59 p.m. ET on December 31, 2021 (the Expiration Date ). Any and all prior agreements between the City and the Constitutional Officer (current or previous holders of such
office) are hereby superseded and terminated as of the Effective Date. This Agreement may be terminated by either party upon a minimum of thirty (30) days written notice at any time prior to the Expiration Date. E. This Agreement constitutes the sole Agreement existing between the parties with respect to this subject matter and there are not other written or oral understandings or agreements with respect thereto. No variation or modification of this Agreement and no waiver of its provisions shall be valid unless agreed to in writing and signed by the Mayor, when duly authorized by the City Council, and the Constitutional Officer. F. Notice to each of the parties with respect to any matters arising out of this Agreement shall be sent to the following: For the City, to the Mayor of the City of Fairfax, 10455 Armstrong Street, Fairfax, Virginia, 22030, with a copy to the City Attorney at the same address; and for the Treasurer, Tom Scibilia, 10455 Armstrong Street, Fairfax, Virginia, 22030. In each case, delivery of notice shall be effective when hand-delivered to the applicable party. IN WITNESS WHEREOF, THE CONSTITUTIONAL OFFICER and the CITY OF FAIRFAX, VIRGINIA, have caused these premises to be signed and their seals affixed hereto by all due authority. THE CONSTITUTIONAL OFFICER: Tom Scibilia Treasurer FOR THE CITY OF FAIRFAX, VIRGINIA: ATTEST: David L. Meyer Mayor City Clerk
CONSTITUTIONAL OFFICER AGREEMENT (COMMISSIONER OF THE REVENUE) (2018-2021) THIS AGREEMENT made and entered into effective as of the 1 st day of January, 2018 ( Effective Date ), by and between William Page Johnson, II, the duly elected Commissioner of the Revenue for the City of Fairfax, Virginia (hereinafter referred to as the "Constitutional Officer"), party of the first part; and the City of Fairfax, Virginia, a Virginia municipal corporation (hereinafter referred to as the "City"), party of the second part. WHEREAS, Article VII, Section 4 of the Constitution of the Commonwealth of Virginia provides for the election of a City Treasurer and City Commissioner of the Revenue by the voters of the City of Fairfax, Virginia; and WHEREAS, the City Treasurer and the City Commissioner of the Revenue are designated Constitutional Officers; and WHEREAS, in accordance with Section 15.2-1605.1 of the Code of Virginia, as amended, the governing body of any city, in its discretion, may supplement the compensation of the Constitutional Officers, their deputies and employees in such amounts as it may deem expedient; and WHEREAS, in accordance with Section 15.2-1605 of the Code of Virginia, as amended, the City shall provide annual leave, sick leave, and legal holidays for only the deputies and employees of the Constitutional Officers; and WHEREAS, the Constitutional Officers in accordance with Section 66-3(a)(2) of the Code of the City of Fairfax, Virginia, are exempt service employees; and WHEREAS, in accordance with Section 66-3(b) of the Code of the City of Fairfax, Virginia, employees in the exempt service are not subject to the provisions of Chapter 66 of the City Code except as mutually agreed to by the appropriate authorities and the City Council of the City the City Council ). NOW, THEREFORE, this Agreement WITNESSETH: that for and in consideration of the premises and the mutual covenants contained herein; and other good and valuable considerations, the receipt of which is hereby acknowledged, the parties hereto agree as follows: A. The Constitutional Officer shall: 1. Administer for the Constitutional Officer s deputies and employees Chapter 66 of the Code of the City of Fairfax, Virginia, Administrative Regulations promulgated from time to time by the City Manager, and all standard operating procedures of the City government. 2. Recruit and employ personnel in accordance with the procedures of the City's Personnel Department. The employment decision of a deputy or employee is the sole prerogative of the Constitutional Officer provided the individual hired meets the minimum qualifications of the job as outlined in the job description. The termination decision of a deputy or employee is the sole prerogative of the Constitutional Officer. The Constitutional Officer s authority pursuant to Virginia Code Section 15.2-1603 to terminate the appointment of a deputy or employee is not intended to be infringed by this Agreement and such decisions are not subject to the City s grievance procedure.
3. Employ no personnel in excess of that authorized by the State Compensation Board without the express consent of the City Council. 4. Consult with the City Manager and/or the Director of Finance regarding the preparation and presentation of the Constitutional Officer s Compensation Board budget prior to submittal. Seek reimbursement from the Compensation Board for all allowable expenses. 5. Meet with the City Council whenever the need arises or whenever either the City or the Constitutional Officer desires to meet to discuss matters of mutual interest and importance. 6. Comply with all procedures, including compliance with the audit management letter, applicable to the Constitutional Officer's office set forth in the City's Financial Procedures Manual, as amended, a current copy of which is incorporated herein by this reference. The manual is updated annually. 7. Provide financial or informational reports as requested by the City Council or City Manager. B. The City shall: 8. Support and contribute to the Constitutional Officer's compensation to fund the City's share of the State's mandated salary. In addition, the Council has assigned the Constitutional Officer to a grade in the City's Classification Plan for the purpose of providing supplementary compensation above the mandated salary to assure reasonable compensation for the level of duties and performance of the Constitutional Officer. The supplementary compensation for the Constitutional Officer shall include the City's contribution to the local retirement system, the Virginia Retirement System, and fringe benefits offered by the City to include group hospitalization, group life insurance, worker's compensation insurance, accident and sickness insurance and long-term disability insurance. The Constitutional Officer does not accrue sick leave or annual leave under the City's leave program. 9. Pay the Constitutional Officer in accordance with the Constitutional Officer Bonus Plan, Resolution No. R-01-4, adopted January 23, 2001 (as the same may be amended by action of the City Council, in consultation with the Constitutional Officer). 10. Accept the deputies and employees of the Constitutional Officer into the City's personnel system. The deputies and employees may participate in any and all fringe benefits offered to career-service employees of the City. 11. Meet with the Constitutional Officer whenever the need arises or whenever either the City or the Constitutional Officer desires to meet to discuss matters of mutual interest and importance. 12. Provide office space, office furniture and supplies in accordance with the established City budget policy. C. Upon breach of any provision of this Agreement, the party not in default may cancel the same upon ten (10) days prior written notice and the failure of the defaulting party within that period of time to correct and rectify the breach complained of. D. This Agreement shall be in full force and effect retroactively to the Effective Date, and continuing until 11:59 p.m. ET on December 31, 2021 (the Expiration Date ). Any and all prior agreements between the City and the Constitutional Officer (current or previous holders of such
office) are hereby superseded and terminated as of the Effective Date. This Agreement may be terminated by either party upon a minimum of thirty (30) days written notice at any time prior to the Expiration Date. E. This Agreement constitutes the sole Agreement existing between the parties with respect to this subject matter and there are not other written or oral understandings or agreements with respect thereto. No variation or modification of this Agreement and no waiver of its provisions shall be valid unless agreed to in writing and signed by the Mayor, when duly authorized by the City Council, and the Constitutional Officer. F. Notice to each of the parties with respect to any matters arising out of this Agreement shall be sent to the following: For the City, to the Mayor of the City of Fairfax, 10455 Armstrong Street, Fairfax, Virginia, 22030, with a copy to the City Attorney at the same address; and for the Commissioner of the Revenue, William Page Johnson, II, 10455 Armstrong Street, Fairfax, Virginia, 22030. In each case, delivery of notice shall be effective when hand-delivered to the applicable party. IN WITNESS WHEREOF, THE CONSTITUTIONAL OFFICER and the CITY OF FAIRFAX, VIRGINIA, have caused these premises to be signed and their seals affixed hereto by all due authority. THE CONSTITUTIONAL OFFICER: William Page Johnson, II Commissioner of the Revenue FOR THE CITY OF FAIRFAX, VIRGINIA: ATTEST: David L. Meyer Mayor City Clerk
SAMPLE MOTION I MOVE THAT THE CITY COUNCIL APPROVE THE CONSTITUTIONAL OFFICER AGREEMENTS BETWEEN THE CITY AND TOM SCIBILIA, TREASURER, AND WILLIAM PAGE JOHNSON, II, COMMISSIONER OF THE REVENUE, AND THAT THE MAYOR SHALL BE AUTHORIZED AND DIRECTED TO SIGN THE AGREEMENTS ON BEHALF OF THE CITY.