HomeMy WebLinkAboutAgr 2016-01-04 (Gregory Chanis)TOWN MANAGER EMPLOYMENT AGREEMENT
This EMPLOYMENT AGREEMENT ("Agreement") is by and between the Town of
Tiburon ("Town") and Gregory Chanis ("Employee") and shall be effective as of execution by
both parties.
RECITALS
A. The Town desires to employ Employee as its Town Manager in order to retain
Employee's many years of experience, skills, abilities, background and knowledge, and is
willing to engage Employee on the terms set forth below.
B. Employee desires to work in the employ of the Town as its Town Manager and is
willing to do so on the terms set forth below.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND OF
THE MUTUAL PROMISES AND CONDITIONS OF THIS AGREEMENT, IT IS AGREED
AS FOLLOWS:
1. Employment. On the terms and conditions contain in this Agreement, the Town
employs Employee as its Town Manager, and Employee accepts that employment.
2. Term. Employee's Initial Hire Date shall be the date that he actually commences
his employment. This shall be on a date to be arranged between Employee and the Town's
Mayor, but shall not be later than Monday, January 11, 2016. This Agreement shall continue
until terminated pursuant to the terms of this Agreement or until terminated by the event of the
death or permanent disability of Employee.
3. Duties and Hours.
3.1 Duties. Employee shall perform all duties of the Town Manager
described in the Town's Municipal Code and such other duties as may from time to time be
established by the Town. Employee shall remain in the exclusive employment of the Town and
devote Employee's entire professional, work and income -generating time, attention and effort
to the business of the Town during the term of this Agreement. However Employee may engage
in charitable endeavors not involving employment or activities related to the business of the
Town so long as such outside activities do not interfere with Employee's duties under this
Agreement.
3.2 Hours of Work. Employee shall devote the time necessary to adequately
perform his duties as Town Manager. The parties expect that a minimum of forty (40) hours per
week during regular business hours, as well as additional time outside of the normal business
hours, will be required to satisfy this requirement. Toward that end, Employee shall be allowed
reasonable flexibility in setting his own office hours, provided the schedule of such hours
Town Manager Employment Agreement Page 1
provides adequate availability to the Town Council, Town staff, and members of the
community during normal business hours and for the performance of Town business.
3.3 Regional and Professional Activity. The Council desires Employee to be
reasonably active in national, statewide and regional professional organizations that will
contribute to Employee's professional development and standing and that will contribute to the
advancement of the Town's interests and standing. Toward that end, Employee may, upon
advance notice to the Council, undertake such activities as are directly related to his
professional development and that advance the interest and standing of the Town. These
activities may include, without limitation, participation in the California League of Cities,
ICMA, or other similar national, statewide, regional or professional organizations, provided
that such activities to not in any way interfere with or adversely affect his employment as Town
Manager of the performance of his duties as provided herein. Town shall budget and pay for
the dues and subscriptions of Employee necessary for his participation in such organizations.
Town shall reimburse Employee's reasonable and necessary travel, business and subsistence
expenses as provided in its normal policies and procedures for reimbursement of expenses.
4. Compensation and Benefits. Employee shall receive for services to the Town the
following compensation and benefits:
4.1 Base Salary. Employee shall receive a base salary of One Hundred Ninety
Two Thousand Dollars ($192,000) per year, payable in installments at the same time as other
employees of the Town are paid.
4.2 Standard Management Employee Benefits. Except as otherwise
provided in this Agreement, Employee shall receive all benefits ordinarily accorded to the
Town's management personnel as presently set forth in Resolution 24-2015 and such other
benefits as may be adopted by the Town during the term of this Agreement. The Town will
provide Employee with a One Hundred Twenty Five Dollars ($125) per month cell phone
allowance to be used in conjunction with Town business.
4.3 Vacation, Sick and Administrative Leave. The Town will grant
Employee five days of vacation leave and five days of sick leave at the commencement of
employment. The Town will give credit to Employee for his prior years of public agency
management, accordingly, during the first year of employment, Employee will earn 15 days of
vacation. This accrual shall increase to 20 days per year at the beginning of the second year of
employment and to 25 days per year at the beginning of the fifth year of employment and each
year thereafter. Consistent with Council Resolution 24-2015, Employee's maximum
accumulation of vacation leave is 40 workdays. Employee shall receive ten (10) days of
administrative leave per year.
Town Manager Employment Agreement Page 2
4.4 Automobile Allowance. Employee shall receive an automobile allowance
of Four Hundred Dollars ($400) per month to compensate Employee for the use of his personal
vehicle on official Town business.
4.5 Relocation Assistance. The Town will reimburse Employee for expenses
incurred in relocating to the Tiburon area, up to a maximum of Fifteen Thousand Dollars
($15,000). Eligible expenses shall include the cost of rental housing to a maximum of three
months, storage and movement of personal effects, house -hunting trips and related travel for
Employee and Employee's spouse and any other expenses approved by the Budget Committee
of the Town Council as necessary and appropriate. Employee shall submit receipts for all
expenses for which reimbursement is claimed under this section. All expenses to be reimbursed
under this section must be incurred and claimed within a reasonable date of the execution of
this Agreement.
4.6 Retirement. The Town contracts with the Public Employees Retirement
System of California (Ca1PERS) for a retirement program for its miscellaneous employees. As
required by the California Public Employee Retirement Law (PERL), Employee will be enrolled
as a Ca1PERS member and will be subject to the terms and benefits of that plan. As required by
PERL, the Town shall provide Employee with the Ca1PERS 2% @ 62 retirement formula with the
highest average 36 month calculation. The parties recognize and agree that the Town is required
to comply with all requirements of law governing the Ca1PERS retirement program, including,
but not limited to eligibility and reporting requirements. In implementing this Agreement and
related practices, the Town will comply with the requirements of law, and those legal
requirements prevail over any inconsistent prior practices or Agreement terms. The Town
makes no representation regarding the specific parameters of the retirement program as
administered by Ca1PERS. As required by PERL, Employee shall pay the employee's
contribution, which is fifty percent (50%) of normal cost as determined by Ca1PERS.
4.7 Cafeteria Medical Plan. Employee shall receive the same medical benefit
as other Town management employees.
4.8 Internal Revenue Code Compliance. All provisions of this Section 4 are
subject to the provisions and limitations of the Internal Revenue Code and its related
regulations as amended from time to time. No requirement of any provision of this Section 4
shall be effective if it would violate any provision of the Intemal Revenue Code or its related
regulations, and the inability of the Town to effectuate such requirements shall not constitute a
breach of this Agreement.
5. Performance Reviews. Employee's first Employment performance review shall
be completed on or about July 11, 2016 by the Town Council. Performance reviews will be
conducted annually on or before the anniversary of Employee's initial hire each year and salary
adjustments will be considered in conjunction with the performance evaluation. If the
Employee's performance is satisfactory the Council may, in its sole discretion, elect to make a
Town Manager Employment Agreement Page 3
one-time cash payment to Employee as an appropriate incentive to retain Employee.
6. At -Will Employment. Employee's employment is at -will. Employment at -will
may be terminated with or without cause and with or without notice at any time by the Town
or Employee. Nothing in the Agreement shall limit the right of the Town or Employee to
terminate employment at will.
7. Termination of Employment.
7.1 Termination by Town.
(a) Termination for Cause. Without limiting the at -will status of Employee's
employment, the Town may at any time terminate Employee's employment for cause. The
Town will not pay Employee any severance if the termination is for cause. For purposes of this
Agreement, cause for termination shall include the following and similar misconduct: theft or
attempted theft; material dishonesty; willful or persistent failure to carry out Employee's duties;
gross negligence or misconduct; engaging in unlawful discrimination or harassment of
employees or any third party while on Town premises or time; conviction or plea bargain of a
felony; engaging in conduct tending to bring embarrassment or disrepute to the Town and
unauthorized absences. During the proceedings which may be necessary for Town to confirm
the cause for termination hereunder, the Town may place Employee on unpaid administrative
leave. If the Town terminates Employee's employment for cause, the Town's obligations under
Agreement to provide compensation and benefits to Employee shall terminate on the
Employee's last day of employment. Employee shall continue to be bound by the provisions of
Section 8 of this Agreement.
(b) Termination Without Cause. If the Town terminates Employee's
employment for any reason other than for cause, the Town shall provide Employee severance
payment of six (6) months. There is no express or implied promise made to Employee for any
form of continued employment as the Town Manager.
7.2 Termination by Employee. Without limiting the at -will status of
Employee's employment, Employee may resign from employment upon sixty (60) days prior
written notice to Town. If Employee so resigns, the Town's obligations under this Agreement to
provide compensation and benefits to Employee shall terminate on Employee's last day of
employment. If Employee resigns his employment with the Town, he shall not be entitled to
any severance pay nor continued compensation and benefits, except as otherwise required
under state or federal law. Upon resignation, Employee shall continue to be bound by the
provisions of Section 8 of this Agreement. Should Employee retire, Employee shall provide the
Town sixty (60) days written notice.
8. Confidentiality. During the course of employment or at any other time,
Employee agrees not to disclose, communicate, use to the detriment of the Town or for the
Town Manager Employment Agreement Page 4
benefit of any other person (including Employee) or misuse in any way any confidential
information or data concerning Town. Employee acknowledges and agrees that all such
confidential information received by Employee will be received in confidence and as a fiduciary
of the Town.
9. Disability. The Town shall have the option to terminate this Agreement without
further payment of compensation and benefits under Paragraph 4, or severance payment under
Paragraph 7(b) if Employee is deceased, permanently disabled, or incapacitated, for a period of
two (2) successive weeks beyond any accrued sick leave, or for twenty (20) working days over a
thirty (30) working day period.
10. Conflict of Interest Prohibition. Employee shall not engage in any activity
which is, or may become, a conflict of interest, prohibited contract, or which may create an
incompatibility of office as defined under California law. Employee shall complete annual
disclosure forms required by law. It is further understood and agreed that because of the duties
of the Town Manager within and on behalf of the Town and its citizenry, Employee shall not,
during the term of this Agreement, individual, as a partner, joint venture, officer, or
shareholder, invest or participate in any business venture conducting business within the
corporate limits of the Town, except for stock ownership in any company whose capital stock is
publicly held and regularly traded without prior written consent of the Town Council. For and
during the term of this Agreement, Employee further agrees, except for a personal residence
used as his personal residence, not to invest in any other real estate or property improvements
within the corporate limits of the Town, without the prior, written consent of the Town Council.
11. Abuse of Office. If the Town provides (i) paid leave salary to the Employee
pending an investigation, (ii) funds for the legal criminal defense of the Employee, or (iii)
severance pay to the Employee in accordance with section 7.1(b) hereof, then in the event the
Employee is convicted of a crime involving an abuse of his office or position as defined in
California Government Code Section 53243.4, all such sums paid by the Town to the Employee
or for the Employee's benefit shall be fully reimbursed to the Town by the Employee.
12. Miscellaneous.
12.1 Notices. Any notice required or permitted under this Agreement shall be
in writing and shall be deemed to have been given on the date of delivery if delivered
personally or by overnight courier, or three (3) days after mailing if mailed by first class,
registered or certified mail, postage prepaid, and return receipt requested.
12.2 Governing Law. The State of California law shall govern this Agreement.
12.3 Severability. If any term of the Agreement is found by a court to be
unenforceable, the remaining terms of this Agreement shall be deemed valid and enforceable to
Town Manager Employment Agreement
Page 5
the fullest extent possible.
12.4 Entire Agreement. This Agreement constitutes the entire agreement of
the parties with respect to Employee's employment and supersedes any and all prior oral or
written negotiations, correspondence, understandings and agreements between the parties.
12.5 Modifications. All modifications to this Agreement shall be in writing
and signed by both parties.
12.6 Assignment. This Agreement is not assignable by either Town or
Employee.
12.7 Claims Against Employee. In the event of any claim or action against
Employee arising from his actions within the course and scope of his employment with the
Town, Town shall indemnify, defend and hold Employee harmless from said claim to the full
extent provided by Title 1, Div. 3.6 of the California Government code or any successor
legislation.
12.8 Representation. Employee acknowledges that although this Agreement
has resulted from negotiations between the parties, the Town has retained its legal counsel to
prepare the Agreement. The parties agree that the normal rule of construction against the
drafting party shall not apply. Employee further acknowledges that the Town has advised him
to seek the advice of his own attorney and accountant in connection with the signing of this
Agreement. Employee further acknowledges that if he has not consulted with his own attorney
or accountant, Employee has done so at his own choosing.
IN WITNESS WHEREOF, this Agreement shall be effective as of the day and year upon
execution of both parties as indicated below.
Dated: / 9-14
/4
APPROVED AS -0-FOR
Benjamin L. Stock
Town Attorney
Dated: �' b6Z'/�
THE TOWN OF TIBURON:
By: —rLti
Frank X. Doyle, ayor
EMPLOYEE: ,
By: �G 1,
Gregory CIWnis, Employee
Town Manager Employment Agreement
Page 6
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
December 2, 2015
Agenda
Item:
i(ick
m l fie; l
STAFF REPORT
To:
From:
Subject:
Mayor and Members of the Town Council
Office of the Town Manager
Recommendation to Consider Approval of an Employment
Agreement with Gregory Chanis for the Position of Tiburon Town
Manager
Reviewed By: 6)`-'"/
BACKGROUND
Earlier this year, the Town Council engaged Ralph Anderson & Associates, and specifically
its CEO Ms. Heather Renschler, to assist the Town in filling the vacancy created by the
pending retirement of Town Manager Peggy Curran. The Council also appointed a Town
Manager Search Committee, comprised of Councilmembers Emmett O'Donnell and Jim
Fraser, to head this process. Town Council approved a recruitment brochure on September
2, 2015, and the Committee and Ms. Renschler subsequently reviewed applicants for the
position.
The full Town Council interviewed finalists for the position on November 4, 2015 and
provided direction to the Committee regarding candidates and contractual parameters at
that time and again on November 18, 2015. This process has resulted in the proposed
selection of Mr. Gregory Chanis, currently the Assistant Director of General Services at
Santa Barbara County, CA, for the position. Greg Chanis' background is described in the
attached Press Release. The proposed Employment Agreement, also attached, details the
terms of employment, including the parties' respective obligations.
FINANCIAL IMPACT
The new Town Manager's starting salary in this position under the agreement will be
$192,000 per year. Benefits specific to this position (that is, those not enjoyed by all Town
management staff) include a $400/month car allowance and relocation assistance up to
$15,000. Funds are available in the budget for this position.
Town of Tiburon Staff Report Page 1 of 2
RECOMMENDATION
The Town Manager Search Committee recommends that the Town Council approve the
attached Employment Agreement with Gregory Chanis to serve as the next Tiburon Town
Manager. His employment start date will be coordinated with the Mayor and commence no
later than January 11, 2016.
Specifically, Town Council is asked to:
Move approval of the proposed Employment Agreement.
Exhibits:
1. Press Release
2. Employment Agreement
Town of Tiburon Staff Report
Page 2 of 2
=MIT T NO. 1
FOR IMMEDIATE RELEASE
CONTACT:
Councilmember Jim Fraser
415-254-0253, or
Councilmember Emmett O'Donnell
415-244-5493
Tiburon Ann • unces Pending Appointment
of New Town Manager
TIBURON, California, November 23, 2015 — The Tiburon Town Council is pleased to announce the
pending appointment of Greg Chanis as Town Manager. The Council is set to consider an employment
agreement with Mr. Chanis at its meeting of December 2, 2015 for the post. The vacancy was created
when, earlier this year, current Town Manager Peggy Curran announced her intent to retire on
December 31, 2015, after nine years in that position. Mr. Chanis' imminent appointment follows a six-
month search process conducted by Heather Renschler of Ralph Andersen & Associates. Ms. Renschler
worked closely with a Town Council committee of Councilmembers Emmett O'Donnell and Jim Fraser to
solicit and review applicants for the position. The full Council interviewed finalists and gave direction to
the committee regarding parameters for an employment agreement when it met in closed session on
November 18, 2015.
"Peggy has been a terrific manager and accomplished a great deal for the community during her tenure.
Her decision to retire means that change is upon us. We are very pleased that our search for her
successor has led us to Greg," said Mayor Frank Doyle. "We believe he will be a great choice for
Tiburon's future."
Chanis comes to the Town of Tiburon from the General Services Department of Santa Barbara County
where he manages the Divisions of Facilities Maintenance, Real Estate Services, Capital Projects, Fleet
Operations and Long Range Capital Facilities Planning. Prior to his work in Santa Barbara County, he
spent 10 years working for Sullivan County, New Hampshire, where he first served as Director of
Facilities and Operations. He was then appointed to the top executive leadership role of County
Administrator, a position he served in from 2007- 2013. Prior to his work in County government, he
enjoyed a 20 year career in Parks Management and Land Conservation. Chanis obtained an MBA from
Plymouth State University in New Hampshire.
"Throughout his career, Greg has been known as a strong advocate for collaborating with community
members and fostering open, meaningful dialogue on a wide variety of issues. We are very pleased to
welcome a person of Greg's ability and character," said Councilmember Emmett O'Donnell.
Councilmember Jim Fraser added "We were very impressed by Greg. He and his wife, Polly, are avid
outdoors people. They enjoy hiking, sailing and cycling and have visited Marin County many times over
the past 20 years. They intend to make Tiburon their new home."
The proposed employment agreement for Mr. Chanis sets his annual salary at $192,000. He will also
receive standard benefits including relocation assistance not -to -exceed $15,000. The contract requires
Mr. Chanis to start work no later than January 11, 2016. "I am honored by the confidence the Town
Council has shown in my abilities by selecting me to be the next Town Manager of Tiburon. Polly and I
are excited to become part of a community that cares so passionately about its natural surroundings
and strives to maintain a strong community identity."
The December 2, 2015 meeting for Town Council consideration of Mr. Chanis' employment agreement
starts at 7:30 p.m. # # #
GREG CHANIS
CONTACT:
Councilmember Jim Fraser
>...;: 415-254-0253, or
Councilmember Emmett O'Donnell
FOR IMMEDIATE RELEASE 415-244-5493
Tiburon Announces Pending Appointment
of New Town Manager
TIBURON, California, November 23, 2015 — The Tiburon Town Council is pleased to announce the
pending appointment of Greg Chanis as Town Manager. The Council is set to consider an employment
agreement with Mr. Chanis at its meeting of December 2, 2015 for the post. The vacancy was created
when, earlier this year, current Town Manager Peggy Curran announced her intent to retire on
December 31, 2015, after nine years in that position. Mr. Chanis' imminent appointment follows a six-
month search process conducted by Heather Renschler of Ralph Andersen & Associates. Ms. Renschler
worked closely with a Town Council committee of Councilmembers Emmett O'Donnell and Jim Fraser to
solicit and review applicants for the position. The full Council interviewed finalists and gave direction to
the committee regarding parameters for an employment agreement when it met in closed session on
November 18, 2015.
"Peggy has been a terrific manager and accomplished a great deal for the community during her tenure.
Her decision to retire means that change is upon us. We are very pleased that our search for her
successor has led us to Greg," said Mayor Frank Doyle. "We believe he will be a great choice for
Tiburon's future."
Chanis comes to the Town of Tiburon from the General Services Department of Santa Barbara County
where he manages the Divisions of Facilities Maintenance, Real Estate Services, Capital Projects, Fleet
Operations and Long Range Capital Facilities Planning. Prior to his work in Santa Barbara County, he
spent 10 years working for Sullivan County, New Hampshire, where he first served as Director of
Facilities and Operations. He was then appointed to the top executive leadership role of County
Administrator, a position he served in from 2007- 2013. Prior to his work in County government, he
enjoyed a 20 year career in Parks Management and Land Conservation. Chanis obtained an MBA from
Plymouth State University in New Hampshire.
"Throughout his career, Greg has been known as a strong advocate for collaborating with community
members and fostering open, meaningful dialogue on a wide variety of issues. We are very pleased to
welcome a person of Greg's ability and character," said Councilmember Emmett O'Donnell.
Councilmember Jim Fraser added "We were very impressed by Greg. He and his wife, Polly, are avid
outdoors people. They enjoy hiking, sailing and cycling and have visited Marin County many times over
the past 20 years. They intend to make Tiburon their new home."
The proposed employment agreement for Mr. Chanis sets his annual salary at $192,000. He will also
receive standard benefits including relocation assistance not -to -exceed $15,000. The contract requires
Mr. Chanis to start work no later than January 11, 2016. "I am honored by the confidence the Town
Council has shown in my abilities by selecting me to be the next Town Manager of Tiburon. Polly and I
are excited to become part of a community that cares so passionately about its natural surroundings
and strives to maintain a strong community identity."
The December 2, 2015 meeting for Town Council consideration of Mr. Chanis' employment agreement
starts at 7:30 p.m. ###
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