Generally speaking, the August 1 meeting, typically held in the morning, is ceremonial. However, there will be an important item of business this year, in the approval of the City Manager Contract that will appoint Steve Pinkerton as Davis’ City Manager, effective September 2, 2011.
I will highlight provisions in the contract that may be of interest.
The contract is for three years, but has an automatic renewal clause: “The Term of this Agreement shall automatically renew and extend for an additional three (3) year term beginning on September 1, 2014, unless written notice not to renew and extend is given by City to Employee no later than nine (9) months prior to the renewal date (i.e. not later than December 1, 2013).”
The contract requires the city manager to be available at all times: “The City Manager does not have set hours of work as the City Manager is expected to be available at all times.”
Compensation figures to be the big issue. The annual salary is $188,000. The contract adds, “Any furlough days will be deducted from this salary during the pay period in which the furlough occurs, and Employee expressly agrees not to work more than forty (40) hours during any workweek with a furlough day without authorization from the mayor.”
His salary is tied to that of the executive management unit: “In the event the City implements cost-saving measures, such as work furloughs, salary reductions changes to health or welfare benefits and allowances (as defined in Section 6), or any other changes to the monetary terms of the executive management unit as provided in the applicable MOU, Employee will receive the same downward adjustment or adhere to the change in terms for the executive management unit.”
The benefit provision reads: “As a general rule, Employee will be eligible for, and shall receive, all regular health and welfare benefits (e.g., insurance, miscellaneous employee PERS retirement and contributions paid by the City, deferred compensation, etc.) as are provided to employees of the City’s executive management employee bargaining unit pursuant to their MOU. However, Employee will pay two percent (2%) of the employee portion of CalPERS retirement cost (in lieu of the MOU provision requiring management employees to cover any additional cost of the FY2008/09 PERS employer contribution rate, up to an additional 3%, through the life of this contract).”
Additional benefits include 20 vacation days per year, and ten days of management leave per year.
He will not get a vehicle or automobile allowance, nor will he receive moving expenses reimbursement.
While it has not been a problem, to my knowledge, in the City of Davis, it is interesting to note the no conflict provision precludes him from engaging “in any employment, activity, consulting service, or other enterprise, for compensation or otherwise, which is actually or potentially in conflict with, inimical to, or which interferes with the performance of Employee’s duties. Further, Employee shall not, during the term of this Agreement, individually, as a partner, joint venture, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of the City of Davis (except for stock ownership in any company whose capital stock is publicly held and regularly traded) without prior approval of the City Council.”
The contract continues, “The City Manager shall not spend more than 8 hours per month in teaching, consulting, expert witness testimony, speaking, or other non-City connected business for which compensation is paid without express prior consent of the City Council.”
There is no residency requirement in this contract. However, City Ordinance 379 § 1 is still on the books and read: “At the time of appointment the city manager need not be a resident of the city or state, but during his/her tenure of office shall reside within the city.”
Bill Emlen never was in compliance with that ordinance, and it was a source of controversy throughout his four years as City Manager. Hopefully, Mr. Pinkerton will avoid that controversy and become a resident of this great community.
—David M. Greenwald reporting
Go Cupies. Of course we wish Pinkerton a better tenure than his fellow Hickman Alums Ken Lay and Sam Walton.
[quote]The contract requires the city manager to be available at all times: “The City Manager does not have set hours of work as the City Manager is expected to be available at all times.”
Compensation figures to be the big issue. The annual salary is $188,000. The contract adds, “Any furlough days will be deducted from this salary during the pay period in which the furlough occurs, and Employee expressly agrees not to work more than forty (40) hours during any workweek with a furlough day without authorization from the mayor.”
The last part seems an odd clause, since the City Manager is expected to be available at all times. I think it is just a provision that the Mayor must approve any overtime. Nevertheless, the fact that the Mayor does not generally have added powers makes this seem rather odd.[/quote]
I think there is a big difference between being “on call” 24/7, versus actually working on a furlough day. Being “on call” 24/7 does not entail any extra money being paid out by the city, whereas working on a furlough day does – and as you point out, probably overtime pay.
[quote]There is no residency requirement in this contract. However, City Ordinance 379 § 1 is still on the books and read: “At the time of appointment the city manager need not be a resident of the city or state, but during his/her tenure of office shall reside within the city.”
Bill Emlen never was in compliance with that ordinance, and it was a source of controversy throughout his four years as City Manager. Hopefully, Mr. Pinkerton will avoid that controversy and become a resident of this great community.[/quote]
This could be problematic, since it appears Pinkerton never lived in Manteca, from what I thought I read on some comments made in the Internet announcement to his leaving Manteca. The City Mgr should live in the City he has responsibility for, and therefore be truly invested in its welfare. When the City Mgr refuses to live in the city he manages, you can bet he is just looking at the city as a stepping stone to a higher salary elsewhere. I can understand there may need to be time given to sell a home, especially in this abysmal housing market, but it should not be allowed to drag on indefinitely as in Bill Emlen’s case.
I was also troubled by another aspect of Mr. Pinkerton. Like Bill Emlen, he took an illusory pay cut to show solidarity with the employees salaries that were getting drastically cut, knowing full well he was soon leaving for greener pastures and more money in another city. Our former Manager Bill Emlen pulled the same stunt here to go to a higher paying job in Solano County.
Despite my misgivings and doubts, I wish Pinkerton well, and hope he does our fair city proud…