CC Resolution 13045 - Amending City Clerk AgreementRESOLUTION NO. 13045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING
AMENDMENTS TO THE AGREEMENT FOR CITY CLERK SERVICES TO: PROVIDE FOR A
MERIT INCREASE; PROVIDE FULL COVERAGE OF HEALTH INSURANCE PREMIUMS
FOR THE CITY CLERK AND HER DEPENDENTS; PROVIDE FOR A LONGER SEVERANCE
PAY PERIOD; AND, PROVIDE FOR AN ANNUAL PERFORMANCE EVALUATION IN THE
MONTH OF JUNE.
WHEREAS, the City Council entered into a City Clerk Employment Agreement (Agreement) with
Andrea Sanders (City Clerk), effective August 2, 2022; and
WHEREAS, Section 2.16.020 of the Campbell Municipal Code provides that compensation for
all appointed officers and employees of the City.shall be fixed by Resolution; and
WHEREAS, it is necessary for the City Council to review and duly approve and adopt in
accordance with requirements of applicable public meetings laws a publicly available salary
schedule; and
WHEREAS, on July 31, 2023, the City Council concluded its annual performance evaluation of
the City Clerk and endorsed her commendable performance; and
WHEREAS, thereafter, the City Council directed staff to return to the City Council with
amendments to the Agreement for their consideration and approval; and
WHEREAS, the City Council specifically directed staff to return with language amending the
Agreement to: include a merit increase in the salary for the City Clerk from Step 1 ($73.25) per
hour to Step 2 ($76.88) per hour based on her strong performance as City Clerk; provide for the
City's full coverage of Health Insurance Premiums for the health plan chosen by the City Clerk
for her and her dependents; lengthen the severance pay period from 3 months to 6 months; and
shift the evaluationmonth during which the City Clerk has her annual performance evaluation
from August to June;
NOW THEREFORE BE IT RESOLVED that the City Council hereby approves amendments to
the Agreement for City Clerk Services to: (1) adjust the salary of the City Clerk to $76.88 per
hour to reflect Step 2 of the City Clerk Classification adopted salary table; (2) provide for the full
payment of the premium charged for any health plan selected by the City Clerk for her and her
dependents; (3) lengthen the severance pay period to 6 months; and (4) change the month
during which the City Clerk has her annual performance evaluation from August to June.
PASSED AND ADOPTED this 5t" day of September, 2023, by the following roll call vote:
AYES:
Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee
NOES:
Councilmembers: None
ABSENT:
Councilmembers: None
APPRED:
Anne Bybee, Mayor
ATTEST:
i
Andrea Sande City Clerk
CITY OF CAMPBELL
FIRST AMENDED AGREEMENT FOR CITY CLERK SERVICES
This First Amended Agreement for City Clerk Services ("First Amended
Agreement") is between the City of Campbell ("City"), a municipal corporation and
general law city, and Andrea Sanders (hereafter, collectively referred to as "Parties"),
and is effective upon execution.
WHEREAS, Campbell voters approved the conversion of the City Clerk position
from an elected position to an appointed position at the November 2, 2012 General
Municipal Election; and
WHEREAS, on July 1, 2022, the City Council appointed Andrea Sanders, then
Deputy City Clerk, as Acting Interim City Clerk, pursuant to Government Code Section
36510; and
WHEREAS, on August 2, 2022, the City Council appointed Andrea Sanders as
the City Clerk, pursuant to Government Code Section 36510, at a rate of pay of $65.16
per hour; and
WHEREAS, City desires to continue to employ Andrea Sanders (hereafter, "City
Clerk") as its City Clerk and Andrea Sanders desires to continue to be employed by the
City as its appointed City Clerk; and
WHEREAS, City desires to provide City Clerk with certain benefits, establish
certain conditions of employment, and set working conditions for City Clerk.
NOW THEREFORE, for and in consideration of each other's mutual promises,
the undersigned Parties agree as follows:
1. DUTIES: City Clerk agrees to perform the function and duties of the City Clerk as
set forth in applicable State or local laws, ordinances, resolutions, and policies,
including the duties as outlined in the attached Job Description.
2. PAYMENT: During the term of her employment, City agrees to pay City Clerk for
services rendered, pursuant to this First Amended Agreement, an annual base
salary within the range adopted by the City Council for the position of City Clerk.
The compensation for City Clerk as of the 7th day of August, 2023, is Seventy -Six
Dollars and Eighty -Eight Cents ($76.88) per hour, which amount may be
adjusted from time to time. The compensation shall be payable in bi-weekly
installments at the same time as other employees of City are paid.
Compensation will be evaluated at least annually. This evaluation will include
consideration of the salary range for the position of City Clerk; annual increases
afforded classified management employees; the City's willingness/ability to grant
Page 1 of 3 First Amended Agreement for City Clerk Services
August 2023
increases, as well as merit increases; "across-the-board" increases; and such
one-time payments and/or bonuses available or provided to management
employees. Salary adjustments can be made by City Council Resolution. City
Clerk shall be entitled to receive holidays, sick leave, disability, retirement, life
and other insurance, and other benefits and compensation, including car
allowance and City contributions toward deferred compensation plan, as
provided to other City classified management employees. For health insurance
benefits, the City shall pay the full premium towards any health plan the City
Clerk elects for her and her dependents.
3. CONTINUING EDUCATION: During the term of this employment contract,
continuing education shall be maintained toward achieving Master Municipal
Clerk Designation, and such other continuing education as is annually approved
by the City Council.
4. EVALUATION: The City Council shall review and evaluate City Clerk annually
during the month of June. As part of the review process, a subcommittee of the
City Council may conduct a review and make recommendations to the City
Council. City Clerk may also be reviewed and evaluated at any other times the
City Council deems necessary and appropriate.
5. TERM: This First Amended Agreement shall remain in effect from year to year
until terminated.
6. TERMINATION: Because an intimate and confidential relationship is necessary
between City Clerk and City, City Clerk understands and agrees that City Clerk
serves at the pleasure of City, and may be terminated at the will of the City
Council at any time and without prior notice, and without statement of reasons or
grounds therefore. City may terminate this First Amended Agreement at any
time, provided City continues to pay City Clerk's salary and benefits for a period
of six (6) months from the date City Clerk vacates the position of City Clerk. City
Clerk shall not be removed during the sixty (60) day period following any change
in membership of the City Council except upon a vote of at least four/fifths of the
City Council.
7. RESIGNATION: In the event City Clerk voluntarily chooses to resign her
employment, City Clerk shall give City at least thirty (30) days' written notice so
City may undertake a reasonable effort to find a successor.
8. BONDS: City shall bear the full cost of any fidelity or other bonds required of City
Clerk under any law or ordinance.
9. NON -WAIVER: City's waiver of any term, condition or covenant, or breach of any
term, condition or covenant shall not be construed as the waiver of any term,
Page 2 of 3 First Amended Agreement for City Clerk Services
August 2023
condition or covenant or waiver of the breach of any other term, condition, or
covenant.
10. ENTIRE AGREEMENT: This First Amended Agreement contains the entire
agreement between City and City Clerk relating to the matters contained herein.
Any prior agreements, promises, negotiations, or representations not expressly
set forth in this First Amended Agreement are of no force or effect. Subsequent
modifications to this First Amended Agreement shall be in writing and signed by
both City and City Clerk.
11. SEVERABILITY: If any term, condition, or covenant of this First Amended
Agreement is held by a court of competent jurisdiction to be invalid, void, or
unenforceable, the remaining provisions of this First Amended Agreement shall
be valid and binding on City and City Clerk.
12. GOVERNING LAW: This First Amended Agreement shall be governed and
construed in accordance with the laws of the State of California.
13. EXECUTION: This First Amended Agreement may be executed in counterparts
and will be binding as so executed.
The undersigned Parties having read and understood the foregoing terms and
conditions of this First Amended Agreement hereby agree to be bound thereby.
Dated:
City of Campbell:
Dated:
Andrea Sanders, City Clerk
by.
Anne Bybee, Mayor
Page 3 of 3 First Amended Agreement for City Clerk Services
August 2023
CITY OF CAMPBELL
CITY CLERK
DEFINITION
Under administrative direction of the City Council; plan, direct, supervise and
coordinate all activities of the City Clerk's Office; to provide information and
maintain official City records; to conduct municipal elections as required; and other
supplemental duties and related work as required.
TYPICAL DUTIES
Serve as Clerk to the City Council; serve as a member of the Executive Team;
prepare City Council documents, postings and agendas, ensuring compliance with
the Brown Act, Political Reform Act, and all federal, state and local laws pertaining
to clerk operations and records; record and certify all ordinances and resolutions;
conduct municipal elections in cooperation with the County of Santa Clara; serve
as a filing officer for Economic Interest and Campaign Disclosure statements;
serve as custodian of the official City records; plan and direct the maintenance,
filing and safekeeping of all official municipal documents and maintain custody of
the City seal; supervise the preparation, organization, printing and distribution of
the agenda for City Council meetings; manage annual recruitment of various City
boards and commissions; attend and take minutes at all Council meetings; accept
and process subpoenas, Appeals, and Claims; publish legal notices as required by
government and municipal codes; Oversees the City's bidding process by
ensuring compliance with bidding procedures, scheduling bid openings,
processing bids that have been submitted, opening bids, and notifying successful
bidders of awarded contracts; administer requirements of AB1234 and Campbell's
Statement of Values; develop and implement office systems and procedures;
provide notary service for City related documents; administer Oaths of Office to
elected and appointed City officials, department heads, and City employees;
prepare and administer the Clerk division budget; participate on special
committees and assignments as required; perform administrative research
analysis and report writing; review Council reports and work procedures and
recommend changes; assist the public and City staff by providing information and
research assistance; maintain the City's Municipal Code; build and maintain
positive working relationships with the public and other City employees using
principles of exceptional customer service, and perform other related duties as
assigned.
EMPLOYMENT STANDARDS
Education and Experience: Equivalent to completion of a Bachelor's Degree from
an accredited college or university with major course
work in public or business administration or closely
related field, plus three years increasingly responsible
experience in relevant and complex office
administration, (Possession of an AA degree plus six
years experience may be substituted for a Bachelor's
Degree and three years experience)
Knowledge of: Applicable federal, state, and municipal laws and
procedures; election laws and procedures; political
reform requirements; business English, spelling and
arithmetic; budget principles; modern office practices,
procedures, and equipment; principles of supervision,
training and performance evaluation.
Ability to: Provide information and organize material in
compliance with laws, regulations and policies;
interpret and apply rules, laws and policies and
procedures and effectively apply them; meet the
public to understand their questions and provide
information; gather and analyze data and maintain
records; communicate effectively, both orally and in
writing; maintain effective working relationships with
those contacted in the course of work; work
independently and use good judgment when dealing
with sensitive issues; select, supervise, train and
evaluate assigned staff; operate standard office
equipment, including a personal computer; work in a
standard office environment with some ability to sit for
long periods of time, with prolonged exposure to a
computer screen and extensive public contact; attend
meetings outside normal work hours; and travel to
various locations within and outside the City of
Campbell.
Possession of: Certification as a Municipal Clerk; a notary Public
Commission and a Valid California Driver's License.
Est. 6/10
Rev. 6/20