HomeMy WebLinkAbout2024-130 Agrmt CottaCITY OFASHL4ND
EMPLOYMENT AGREEMENT
CITY MANAGER
This employment agreement ("Agreement"), is made and entered into this V day of October, by
and between the City of Ashland, an Oregon municipal corporation ("City") and Sabrina Cotta
1.1 The City desires to employ the services of Employee as City Manager of the City
of Ashland.
12 It is the desire of the City to: (1) secure and retain the services of Employee and
to provide inducement for Employee to remain in such employment, (2) to make
possible full work productivity by assuming Employee's morale and peace of mind with
respect to future security, (3) to act as a deterrent against malfeasance or dishonesty for
personal gain on the part of the Employee; and (4) to provide a just means for
termination.
1.3 Employee shall serve as City Manager for the City of Ashland under the terms of
this Agreement. Employee shall be the chief executive and administrative head of the
City with primary responsibilities that include all duties and tasks specified in the
Ashland City Charter, the Ashland Municipal Code, and standard duties associated with
the position of City Manager. The City shall not unreasonably interfere with Employee's
performance ofsuch duties.
1.4 Employee desires toaccept employment asthe City Manager ofthe City of
Ashland and tobegin this employment onOctober 111,2024.
1.5 Except as may be provided otherwise by the Ashland City Charter the Ashland
Municipal Code and other applicable law, or the City's agreement with any other person
by contract, Employee shall have the authority to establish internal rules and procedures
which the Employee deems necessary for the efficient and effective operation of the
City.
1.5 Employee shall not be required to accept the City's assignment of any duties
outside the scope of those stipulated in the Ashland City Charter, the Ashland Municipal
Code, and the job description for the position of City Manager and customarily
performed by persons holding the role of City Manager in the absence of Employee's
express written consent tosuch assignment.
1.7 The City expects the Employee toadhere tothe highest professional standards.
The City shall support Employee in keeping commitment by refraining from any order,
1 City of Ashland Employment Agreement- Sabrina Cotta—October 1, 2024
direction or request that would require Employee to violate the international City
Manager association (ICMA) Code of Ethics. The ICMA Code of Ethics are attached
hereto as Exhibit "A" and incorporated herein by this reference. Neither the Mayor, the
City Council, nor any individual member thereof shall request Employee to endorse any
candidate, make financial contribution, sign or circulate any petition, or participate in
any fundraising activity for individuals seeking or holding elected office, nor to handle
any matter of personnel on a basis other than fairness, impartiality and merit.
PAX INIGINUMT1
Z] Employee agrees to begin employment as the City Manager on October 1, 2024,
and toremain inthe employ ofthe City and not become employed bvany other employer
under the terms of this agreement. This provision shall not restrict Employee from using
vacation leave or administrative leave for teaching, consulting or other activities provided these
activities do not conflict with the regular duties of the Employee and are approved in writing by
the City Council.
2.2 In the event Employee wishes involuntarily resign their position during the bznm of
this Agreement, Employee shall be required to give the City not less than thirty (30) calendar
days' prior written notice of such intention, unless such notice is waived by the Mayor, with the
consent of the City Council. Employee will cooperate with the City in every way with the smooth
and normal transfer uftheir position Loany newly appointed individual.
].TERM|NAT|(]N
The employment of the Employee may only be terminated under the following circumstances:
3.1. Breach of Agreement: The City may terminate the Employee's employment for a
material breach of this Agreement that remains uncured for a period of thirty (30) days
after written notice from the City.
3.1.1 The City agrees ioprovide Employee areasonable opportunity (no less
than 30 days) to cure all substantive criticisms, complaints, and suggestions with
respect to Employee's performance of their duties and services pursuant to this
3.2.Vio|otion of Law, Policy, orMalfeasance: The City may terminate the Employee's
employment for the violation of any criminal law, core employment policy, or for
malfeasance outside the scope oftheir employment.
3.2.1The term "cone employment policy" refers to the fundamental principles
and guidelines that regulate employee conduct asfound inthe Ciiy's
management and employee policies, reflecting the organization's core values and
culture. These policies encompass principles such as respect, honesty, integrity,
2 City of Ashland Employment Agreement- Sabrina Cotta—October 1, 2024
3.2.2The term "malfeasance" refers Lothe intentional or deliberate commission
of an illegal or wrongful act, and includes misappropriation, dishonesty, breach of
trust, insubordination, neglect of duty, failure to perform duties in a manner that
is consistent with applicable |em4 or committing any violation of City policies or
standards that the City deems a serious violation; or engaging in other acts or
omissions demonstrating a disregard for the interests of the City.
3.3 In the event Employee is dismissed by the City during the term of this Agreement
and Employee is not being dismissed for any reason set forth in subsection 3.2, the City
agrees tooffer Employee aseverance agreement and 9O-daynotice. Severance pay will
be paid as a lump sum within 30 days of termination, unless otherwise agreed to by the
Employee and the City, and will include a payout equal to twelve (12) months of the
Employee's base salary at the time of dismissal and any accruals afforded to the
Employee, 12 month deferred compensation contribution as provided in section 4.3.4,
and a healthcare stipend equal to 12 months of Employer Employee and Family
premiums (collectively "Severance Pay"). Such severance agreement shall not be
unreasonably withheld.
3,4 The City shall not terminate the Employee within 180 days after the swearing -in
Vfnewly elected Council members, except for violation ofany criminal law, core
enop|oynnoni policy, or for malfeasance. In the event the Council chooses toterminate
during this period the Employee will be granted double the Severance Pay as outlined in
Section 3.3.
3.5 A1the request nfthe majority ofthecdvcVund|,dheEnnp|oyeenoaychooseto
resign in lieu of dismissal. Should the Employee choose to resign in lieu of dismissal, the
City may negotiate a severance package ranging from no payment to the full Severance
Pay asoutlined inSection 3.].
3.6 A majority vote of the City Council shall be required for the City to terminate this
employment agreement.
4.U0WqPEN5/T|ON
4.1. Base Salary: Employee shall receive a salary equivalent to Step 5 City Manager salary
schedule. The City agrees toannually increase the monthly salary and/or other benefits
of the City Manager in the same percentage as may be accorded to other Management
and Confidential Employees ofthe City.
4.2. Car Allowance: The Employee shall receive a monthly car allowance of $400.
4.3. Additional Benefits: In addition to the base salary and car allowance, the
Employee shall boentitled to:
3 City of Ashland Employment Agreement- Sabrina Cotta—October 1, 2024
4.3.1 Administrative Leave: Employee isentitled to8Ohours of
Administrative Leave deposited inleave bank inJuly ofeach year.
4.32 Vacation Accrual: Employee shall accrue vacation leave at rate of
16hours per month. Starting with the employee's 5myear ofservice to
the City, the Employee shall accrue vacation leave otarate of2Ohours
per month.
4.3.3 Professional Development: The City shall provide support for
professional organizational memberships and financial support for
Employee 10travel Loprofessional organizations asaboard member on
the OC[MA(Oregon City/County Management Association) Board in
representation ofthe City ofAshland and travel tothe |CK4Aannual
conference.
4.3.4 Deferred compensation: The City shall provide anannual
contribution at the noaxinnurn IRS allowable contribution level to be
deposited inequal installments each pay period toa457deferred
compensation plan tocommence onJanuary l,Z0IS.
4.3.5 The City agrees toreview the base salary and other benefits ofthe
Employee atthe Employee's annual performance review and tomake
increase adjustments which itdeems appropriate.
4.3.5 Upon the successful passing ofthe Employee's annual
performance review in July, the Employee will automatically be moved to
the next step onthe salary schedule.
4.3.7 PERSContribution: The City will assume orpay the employee's
contributions at a uniform rate of six percent.
5. PERFORMANCE EVALUATION
The Mayor and Council shall review and evaluate the performance of the Employee at least
once annually inJuly. |naddition, unless mutually agreed otherwise, the Mayor and Council
may schedule additional performance evaluations in May and September to provide ongoing,
mutual feedback. These sessions may include discussions on how the Council's actions and
initiatives are affecting the Employee's performance. The evaluations are intended to promote
open communication, support continuous improvement, and ensure alignment on key goals and
objectives. Employee shall receive a written copy of the performance evaluation and be
provided an adequate opportunity for the Employee to discuss the details of the evaluation.
The City agrees to provide Employee a reasonable opportunity to cure all substantive criticisms,
4 City of Ashland Employment Agreement- Sabrina Cotta—October 1, 2024
services pursuant to this Agreement. Council may assign the Mayor and one of its members to
assist with these communications.
The use of executive sessions for any evaluations shall be strictly limited to reviewing and
evaluating the Employee's job performance and shall not include discussions of salary or
general evaluations of agency goals, objectives, operations, or programs.
5.HEALTH INSURANCE
Except asotherwise already provided intheir employment with the City, the Employee shall be
entitled, at a minimum, to the highest level of benefits that are enjoyed by or offered to
Management and Confidential Employees of the City as provided in the City's Management
Resolution.
The City agrees that, to the maximum extent permitted by law, it shall defend, hold harmless,
and indemnify the Employee from and against any costs, expenses, demands, claims, suits,
actions, orawards inuurnedinconnembonvvithorarisinQouLofana||egedactoronnission
occurring in the performance of the Employee's duties in their official capacity, provided the
incident arose while the Employee was acting within the scope of their duties.
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties with respect to the
Employee's employment during the specified term and supersedes all prior agreements,
representations, and understandings, whether written or oral.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first
above written.
CITY OF ASHLAND
toll 12.4
By: Ton'A Graham, Mayor Date
SabhnaCotta
5 City of Ashland Employment Agreement- Sabrina Cotta—October 1, 2024
Date