HomeMy WebLinkAboutAGENDA REPORT 2020 0603 REG CCSA ITEM 10MCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of June 03, 2020
ACTION Adopted Resolution No. 2020-
3921. (Roll Call Vote: Unanimous).
BY B.Garza.
M. Consider Resolution Approving Amendment No. 3 to the Employment Agreement
between the City of Moorpark and City Manager Troy Brown. Staff
Recommendation: Adopt Resolution No. 2020-3921 approving Amendment No. 3
to the Employment Agreement between the City of Moorpark and City Manager
Troy Brown. (Staff: PJ Gagajena)
Item: 10.M.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: PJ Gagajena, Assistant City Manager
Kevin Ennis, City Attorney
DATE: 06/03/2020 Regular Meeting
SUBJECT: Consider Resolution Approving Amendment No. 3 to the Employment
Agreement between the City of Moorpark and City Manager Troy Brown
BACKGROUND AND DISCUSSION
On February 7, 2018, the City of Moorpark and City Manager Troy Brown entered into an
Employment Agreement with a term of three (3) years, starting on the effective date of
March 3, 2018, and ending on March 2, 2021. A proposed Amendment No. 3 to the
Employment Agreement will remove the end date and extend the term for an indefinite
period of time. Pursuant to Section 7 of the Employment Agreement and in accordance
with the Moorpark Municipal Code Section 2.12.010 and California Government Code
Section 36506, Mr. Brown, as City Manager, is appointed by and serves at the pleasure of
the City Council, and may therefore be terminated, with or without cause, at any time. Mr.
Brown may also resign from his position with at least sixty (60) days advanced notice to the
City Council. Amendment No. 3 does not increase Mr. Brown’s salary and/or
compensation.
The draft Resolution for approval of Amendment No. 3 to the Employment Agreement,
which includes the draft of the proposed Amendment No. 3, is included as an Attachment to
this agenda report.
FISCAL IMPACT
There is no fiscal impact since Amendment No. 3 to the Employment Agreement does not
increase Mr. Brown’s salary and/or compensation and therefore no public announcement of
the change is required under Section 54953 (c)(3) of the Government Code.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic objective.
Item: 10.M.
673
Honorable City Council
06/03/2020 Regular Meeting
Page 2
STAFF RECOMMENDATION
Adopt Resolution No. 2020-____ approving Amendment No. 3 to the Employment
Agreement between the City of Moorpark and City Manager Troy Brown.
Attachment: Draft Resolution No. 2020-____ including Amendment No. 3 to the
Employment Agreement
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ATTACHMENT
RESOLUTION NO. 2020-____
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MOORPARK, CALIFORNIA,
APPROVING AMENDMENT NO. 3 TO THE
EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF MOORPARK AND TROY BROWN
WHEREAS, on February 7, 2018, the City Council approved Resolution
No. 2018-3669, which appointed Troy Brown as Moorpark City Manager effective
March 3, 2018, and approved an Employment Agreement in connection therewith; and
WHEREAS, on May 2, 2018, the City Council approved Resolution No. 2018-
3698 approving Amendment No. 1 to the Employment Agreement between the City of
Moorpark and Troy Brown; and
WHEREAS, on June 6, 2019, the City Council approved Resolution No. 2019-
3817 approving Amendment No. 2 to the Employment Agreement between the City of
Moorpark and Troy Brown; and
WHEREAS, pursuant to this Resolution, the City Council intends to approve
Amendment No. 3 to the Employment Agreement between the City of Moorpark and
Troy Brown.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves Amendment No. 3 to the
Employment Agreement between the City of Moorpark and Troy Brown, attached hereto
as Exhibit A.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause it to be filed in the book of original resolutions.
PASSED AND ADOPTED this 3rd day of June, 2020.
_______________________________
Janice S. Parvin, Mayor
Attest:
_________________________________
Ky Spangler, City Clerk
Exhibit A: Amendment No. 3 to Employment Agreement between the City of Moorpark
and Troy Brown
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Resolution No. 2020-____
Page 2
AMENDMENT NO. 3
TO EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF MOORPARK AND TROY BROWN
This Amendment No. 3 to the February 7, 2018 Employment Agreement, as
previously amended, (“Employment Agreement”) between the CITY OF MOORPARK, a
California municipal corporation and general law city (“the CITY”), and TROY BROWN
(“EMPLOYEE”), an individual, is made and entered into this 4th day of June, 2020.
RECITALS
WHEREAS, on February 7, 2018, the CITY and EMPLOYEE entered into an
Employment Agreement for the Non-Competitive Service, at-will position of City Manager;
and
WHEREAS, the CITY and EMPLOYEE entered into Amendment No. 1 to the 2018
Employment Agreement on May 3, 2018; and
WHEREAS, the CITY and EMPLOYEE entered into Amendment No. 2 to the 2018
Employment Agreement on June 6, 2019; and
WHEREAS, the City Council has completed its annual review of EMPLOYEE’s
performance and the parties desire to make certain changes to the Employment
Agreement; and
WHEREAS, this Amendment No. 3 to the Employment Agreement does not
increase EMPLOYEE’s total salary and/or compensation but is intended to make the
specified duration (Term) of the Agreement indefinite rather than fixed.
NOW, THEREFORE, it is mutually agreed by and between the parties to amend
the Employment Agreement as follows:
Section 1. Effective June 3, 2020, Section 1, Term is amended to read in its
entirety as follows:
“TERM. The term of this Agreement shall commence on the Employee’s
start date of March 3, 2018 (“Effective Date”) and shall continue until terminated by either
Party pursuant to Section 7 hereof.”
Section 2. Except as revised by this Amendment No. 3, all of the other provisions of
the Employment Agreement, as previously amended by Amendment No. 1 and
Amendment No. 2, shall remain in full force and effect.
EXHIBIT A
676
Resolution No. 2020-____
Page 3
CITY OF MOORPARK EMPLOYEE
By:______________________________ By:_______________________________
Janice S. Parvin, Mayor Troy Brown, City Manager
Attest:
_________________________________
Ky Spangler, City Clerk
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