CITY OF ELK GROVE CITY COUNCIL STAFF REPORT

CITY OF ELK GROVE CITY COUNCIL STAFF REPORT AGENDA ITEM NO. 3.1 AGENDA TITLE: Appointment of City Clerk and approval of Employment Contract for City Clerk MEETING DATE: October 13, 2010 PREPARED BY: DEPARTMENT HEAD: Laura Brunson, Human Resources Director Laura Gill, City Manager RECOMMENDED ACTION: Consider the appointment of Jason Rolf Lindgren as City Clerk and authorize the mayor to execute an employment contract in substantially the form presented with this staff report. BACKGROUND INFORMATION: The position of City Clerk is subject to appointment by the City Council. Subsequent to the retirement of former City Clerk Susan Blackston the City Council appointed Jason Lindgren as Interim City Clerk effective May 24, 2010. On September 22, 2010, City Council directed staff to make an offer of employment for the position of City Clerk to Jason Rolf Lindgren. If Mr. Lindgren accepted the offer, Council then directed the City Manager to proceed with developing an employment contract for consideration. Mr. Lindgren is well qualified for the position of City Clerk. His resume is attached, as well as the proposed contract for Mr. Lindgren to serve as City Clerk. 1

Elk Grove City Council October 13, 2010 Page 2 of 2 FISCAL IMPACT: The cost of the City Clerk position has been included in the Fiscal Year 2010-2011 budget, and the position will be budgeted for future fiscal y ears as appropriate. ATTACHMENTS: 1. Resolution of Appointment of City Clerk 2. Resume of Jason Rolf Lindgren 3. [Proposed] Employment Agreement City Clerk 2

ATTACHMENT 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPOINTING JASON ROLF LINDGREN AS THE CITY CLERK AND AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT CONTRACT WITH THE CITY CLERK WHEREAS, the Office of the City Clerk has been established within the City of Elk Grove; and WHEREAS, the City Council is authorized to appoint a City Clerk. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elk Grove hereby appoints Jason Rolf Lindgren to serve as City Clerk for the City of Elk Grove, with all the powers, duties and responsibilities of the office as may be provided by City ordinance, resolutions, and state law. BE IF FURTHER RESOLVED that the Mayor is authorized to execute an employment agreement with Jason Rolf Lindgren in substantially the form presented to the City Council with the accompanying staff report, and City staff is authorized to execute all documents and take all action reasonably necessary to implement the employment agreement once fully executed. BE IT FURTHER RESOLVED that Jason Rolf Lindgren s employment as City Clerk will be effective on October 14, 2010. PASSED AND ADOPTED by the City Council of the City of Elk Grove this 13 th day of October 2010. SOPHIA SCHERMAN, MAYOR of the CITY OF ELK GROVE ATTEST: APPROVED AS TO FORM: WILLIAM FLORES, DEPUTY CITY CLERK SUSAN COCHRAN, CITY ATTORNEY 3

Jason Rolf Lindgren Professional Experience City of Elk Grove, November 2005 to Present Interim City Clerk May 2010 to Present. Serves as the City Clerk to the City Council and organization; Secretary to the Finance Authority, Parking Authority, and Redevelopment Agency; responds to and implements processes responsive to the Brown Act, Public Records Act, the Political Reform Act, Election laws and various other statutes; processes legislative records of the City Council; administers elections; maintains the record and information management program; supervision, training, and evaluation of staff; planning and oversight of department budget. Employment history with the City of Elk Grove: Assistant City Clerk May 2008 to May 2010, Department Analyst December 2007 to May 2008, Records Specialist November 2005 to December 2007 Conservation and Liquidation Office (CLO) of California, June 2001 to October 2005 Records Analyst, September 2004 to October 2005. Record and Information Management of over 170 seized insurance companies comprising of more than a half million records, stored in locations across the nation; assistant to the Facilities Supervisor directing four staff members in provision of administrative support to a 100+ employee office and affiliated independent contractors; project lead on seizure, remote operations, and closure of companies. Employment history with the CLO: Records Technician December 2001 to September 2004, Temporary Hire June 2001 to December 2001 Education California State University, Sacramento, completed all program course work, currently pursuing thesis to complete Master s degree in Public Policy and Administration University of California, Berkeley, Bachelor of Arts in Cognitive Science, May 2006 Certifications and Affiliations Certified Municipal Clerk (CMC), International Institute of Municipal Clerks, December 2009 Certified Records Manager (CRM), Institute of Certified Records Managers, July 2008 Notary Public, Commission Number 1794353, Sacramento County, California, March 2008 Federal Emergency Management Agency (FEMA), Introduction to Incident Command System (ICS), 2008 Americorps Volunteer, East Bay Conservation Corps, September 1999 August 2000 Eagle Scout, Boy Scouts of America, Troop 3, Carmel, CA, 1992 4

Jason Rolf Lindgren Project Accomplishments with the City of Elk Grove Record and Information Management Maintenance of city webpage updating within 24 hours of filing deadlines, sending automatic email notification for: agendas, bids, commission recruitments, contact updates, elections, Fair Political Practices Commission (FPPC) filings, legislative documents, and public hearings Back propagation of posting web accessible information Creation of multiple avenues of access to information including posting variations of record hierarchies, providing a public kiosk, and expanding full-text search capability Enhancing Granicus webcast capabilities: creating document attachment archives, closed captioning, encoding prior VHS archive, and post-production time sequencing Recodification of the Elk Grove Municipal Code, March 2009 Record Retention and Destruction Program, Office of the City Clerk (April 2008, third cycle) and Finance Department (September 2009, second cycle) Physical move of the Office of the City Clerk, and the relocation of the record archive with no loss in business continuity, December 2009 Elections Presented and qualified five (5) measures for November 2010 General Municipal Election: Utility User Tax, Directly Elected Mayor, two (2) questions regarding term of Directly Elected Mayor, and Advisory Measure on Number of Council Districts Completed Nomination Period for November 2010 General Municipal Election: six candidates total for two open seats, three in each district Posting of all Fair Political Practices Commission (FPPC) filings online Conducted 14 special tax annexations, six special assessments, and 4 Proposition 218 Utility fee increases since 2007 Operations Budget preparation, establishing department goals, and computing cost allocation for FY 2008-09 $508,336, FY 2009-10 $424,000, and FY 2010-11 $600,500 Creation and Oversight of Intranet workflow systems for: agenda review and assembly, request for information tracking, contract processing, and contract expiration reports Centralized department resources: combined disparate databases into central record system, created department email account and archive, developed department intranet resources, organized department drive, created department calendar, templates, and drafted comprehensive policy manual Enhanced digital record scan process to import source documents and created system index layout Improved agenda and staff report binder compilation utilizing desktop publishing features to expedite pagination, editing, and appending documents, and reduced hard copies of binders providing comprehensive, navigation enhanced e-formats Conducted Oath of Allegiance to all City staff in compliance with Government Code 3102. Education outreach to staff on use of intranet workflow systems, agenda staff report preparation, maximizing use of digital archive system, and responding to California Public Records Act requests Instruction, policy creation, and professional development of staff all Clerk staff are notaries public, Deputy City Clerk to earn CMC in October 2010, Administrative Assistant currently pursuing AA 5

CITY OF ELK GROVE EMPLOYMENT AGREEMENT CITY CLERK This Employment Agreement ( Agreement ) is made and entered into this day of, 2010, by and between the City of Elk Grove, California, a municipal corporation ( City ) and Jason Lindgren ( Employee ). SECTION 1. DUTIES City hereby employs Employee as City Clerk to perform the functions and duties specified in the laws of the State of California, Ordinances and Resolutions enacted by City, and to perform such other duties and functions as the City Council shall from time to time assign. SECTION 2. TERM OF AGREEMENT Employee s employment as City Clerk shall be at will. This means that Employee may be terminated from his employment with the City at any time, without cause, and without notice. SECTION 3. SALARY A. City agrees to pay Employee an initial annual starting salary for services rendered in the amount of $90,000.00 payable in installments at the same time as other employees of the City are paid. B. Employee may receive annual compensation cost of living increases at a rate not less than the Consumer Price Index All Urban Consumers for the San Francisco-Oakland-San Jose, California region as published by the U.S. Department of Labor, Bureau of Labor Statistics, based on the amount of the City Clerk s salary as may be adjusted from time to time. The City Clerk s salary shall not be adjusted downward as a result of a decrease in the above-referenced Consumer Price Index. C. Subject to the limitations and qualifications set forth in subsection 3.B. above, the City Council, in its sole discretion, may grant salary increases to Employee. 6 Page 1 of 6

SECTION 4. BENEFITS Employee shall be entitled to receive all employment benefits provided to other senior management employees employed by the City as described in the City s Personnel Rules and Regulations. SECTION 5. LEAVE A. Employee shall be entitled to eighty (80) hours of Administrative Leave per year. B. Employee shall be entitled to twelve (12) holiday days per year. C. Employee shall be entitled to twenty two (22) days of vacation and sick leave per year or increased on years of service as provided for in the City s Personnel Rules in Regulations, whichever is greater. D. Employee shall be entitled to all other annual leave benefits provided to other senior management employees employed by the City as described in the City s Personnel Rules and Regulations. SECTION 6. CAR ALLOWANCE Employee shall receive $200.00 per month for a car allowance. SECTION 7. PERFORMANCE EVALUATION City Council and/or its designee(s) and Employee shall meet and establish performance standards for the position of City Clerk to be used in the review and evaluation of the performance of Employee. The City Council may, in its sole discretion, use any professional assistance in establishing standards, including but not limited to an agreed-upon facilitator. Employee shall be evaluated at least annually or more frequently at the discretion of the City. Nothing in this provision shall be construed to require City Council to grant Employee pay increases based on the performance standards, if any, mentioned above nor to limit in any manner the discretion of City Council to grant or not pay increases. Nor shall anything in this Agreement be construed to require City Council to evaluate Employee solely upon the performance standards, if any, mentioned above, nor to limit the discretion of City Council to evaluate Employee as it deems necessary in the sole discretion of the City Council. SECTION 8. PROFESSIONAL DEVELOPMENT A. City shall budget and pay the reasonable travel and subsistence, registration and incidental expenses incurred for official travel, meetings and events related to the legal affairs of the City and advancement for the good of the City herein deemed a public purpose. Page 2 of 6 7

B. Professional Activities. During Employee s appointment as City Clerk, Employee may attend and/or participate in professional activities, including but not limited to, meetings, conferences, and other events conducted or sponsored by the League of California Cities, the City Clerks Association of California, and International Institute of Municipal Clerk, ARMA and AIIM, provided that his ability to perform his duties as City Clerk herein is not compromised. Employee shall be paid his regular salary and benefits while traveling to, attending, or participating in professional activities, and shall be entitled to expense advances in accordance with City policy applicable to other employees. Employee shall be entitled to reimbursement for the actual costs of the following expense categories that Employee incurs as a result of the Professional Activities authorized in this section: airfare, rental car, conference fees and lodging, consistent with City policy and subject to annual budget appropriations. Employee shall inform the City Council in writing in advance of absences of more than one day related to such Professional Activities. C. As described in Section 8.B., above, City shall budget and pay the reasonable travel and subsistence, registration and incidental expenses, professional dues, subscriptions, and memberships necessary for Employee s continued certification as a member of the International Institute of Municipal Clerks and full participation in national, regional, state and local associations and advancement of the City Clerk and/or for the benefit of the City. SECTION 9. REIMBURSEMENT FOR EXPENSES Employee shall be entitled to reimbursement of reasonable business-related expenses. SECTION 10. BONDING City shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance. SECTION 11. GENERAL PROVISIONS A. The text herein shall constitute the entire agreement between the parties, and supersedes any and all other writings, documents, correspondence, agreements or understandings, either oral or in writing, between the parties hereto with respect to the employment of Employee by City. Each party to this Agreement acknowledges that no representation, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding on either party. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. 8 Page 3 of 6

C. If any provision, 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 and effect. D. Any modification of this Agreement shall be effective only if it is in writing and signed by both Employee and City. E. This Agreement shall be governed by the laws of the State of California. The venue for any and all litigation arising from this Agreement shall be in the superior, municipal or federal courts located in Sacramento County, California. F. This Contract may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by each of the parties. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. G. Employee and City agree and acknowledge that the provisions of this Agreement have been arrived at through negotiation and that each party has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel, and that both parties agree that they either have had the provisions of this Agreement reviewed by legal counsel or have voluntarily chosen not to do so. Employee expressly agrees and acknowledges that the City Attorney was representing solely the City of Elk Grove regarding the terms of this Agreement and was not representing Employee. The parties agree any ambiguities in construing or interpreting this Agreement shall not be resolved against the drafting party. The titles of the various sections are merely informational and shall not be construed as a substantive portion of this Agreement. SECTION 12. NOTICES Notices pursuant to this Agreement shall be in writing given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: CITY Mayor City of Elk Grove 8401 Laguna Palms Way Elk Grove, CA 95758 Page 4 of 6 9

EMPLOYEE Jason Lindgren, City Clerk City of Elk Grove 8401 Laguna Palms Way Elk Grove, CA 95758 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to the civil judicial process. Notices shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. SECTION 13. MISCELLANEOUS A. City, in consultation with Employee, shall fix any other terms and conditions of employment as City 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 Municipal Code, or any other law. No such terms and conditions shall be binding upon the parties to this Agreement unless and until they are reduced to writing and signed by both parties. Neither party may rely upon such terms and conditions without such an executed writing. B. Unless otherwise specifically provided herein, all provisions of the Municipal Code and regulations and rules of City relating to vacation and sick leave, retirement 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 City senior management employees of City. APPROVED AS TO FORM: By: Name: Attorney for Jason Lindgren IT IS SO AGREED: EMPLOYEE JASON LINDGREN 10 Page 5 of 6

IT IS SO AGREED: APPROVED AS FOR FORM: By: SUSAN BURNS COCHRAN City Attorney, City of Elk Grove CITY OF ELK GROVE, a Municipal Corporation By: SOPHIA SCHERMAN Mayor, City of Elk Grove ATTEST: By: LAURA BRUNSON Human Resources Manager, City of Elk Grove Page 6 of 6 11