EMPLOYMENT AGREEMENT (2011) & FIRST AMENDMENT TO EMPLOYMENT AGREEMENT CITY ADMINISTRATOR (2013)

ABSTRACT:  Jason Stilwell assumed the position of City Administrator on September 28, 2011. The EMPLOYMENT AGREEMENT was from September 28, 2011 through September 28, 2014. The FIRST AMENDMENT TO EMLOYMENT AGREEMENT CITY ADMINISTRATOR was approved in December 2013, extending the Agreement until September 28, 2017. SALARY one hundred and seventy six thousand five hundred dollars ($176,500.00), in salary per annum increased to one hundred eighty-five thousand three hundred twenty-five dollars ($185,325.00), in salary per annum effective September 28, 2013. Documents with EMPLOYMENT AGREEMENT with Jason Stilwell for the position of City Administrator (September 2011) and FIRST AMENDMENT TO EMLOYMENT AGREEMENT CITY ADMINISTRATOR (September 2013), are embedded. With regard to SEVERANCE PAY
1. Except as provided in sub-section E.2. below, if STILWELL is terminated by the City Council pursuant to Article D. of this Agreement while still willing and able to perform the duties of City Administrator, CITY agrees to pay STILWELL a cash payment equal to six (6) months of his then current base salary, which shall include any accrued but not used vacation time and the right to continue health insurance as may be required pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA). Said cash payment may be paid, at the option of STILWELL, as follows: 1) lump sum upon date of termination; 2) on January 1 of the calendar year following termination; or 3) in six (6) equal monthly installments. Such payment shall release the CITY from any further obligations under this Agreement.
2. In the event STILWELL is terminated because of:
a. His conviction of any felony, or any crime involving moral turpitude; or
b. Any offense involving a violation of his official duties; or funds; or office.
c. If the CITY determines that STILWELL has:
i. Misappropriated public funds; or
ii. Commingled public funds with his personal funds; or
iii. Engaged in willful corrupt conduct in office.
Then CITY shall have no obligation to continue the employment of STILWELL or to pay the severance set forth in the above subsection E.l.
Importantly, Except where STILWELL is charged with or alleged to have committed criminal misconduct or acts involving moral turpitude, and if the CITY has determined to terminate STILWELL'S services, the CITY shall provide STILWELL the opportunity to resign in lieu of being terminated, and the parties shall cooperate regarding public announcements regarding STILWELL'S separation from the CITY.
Stilwell, “will be compensated according to his contract, which includes 60 days plus six months severance. He also will receive payment for unused vacation time and compensation time. Stilwell will receive compensation for an additional two months to assist the interim city administrator,” according to “Stilwell resigns as Carmel city administrator, will stay on to help with transition” By Tom Leyde, The Monterey County Herald, 10/01/2014.

Employment Agreement With Jason Stilwell for City Administrator September 2011

Agenda Item Summary, RESOLUTION 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ENTERING INTO AN EMPLOYMENT AGREEMENT WITH JASON STILWELL FOR THE POSITION OF CITY ADMINISTRATOR and Exhibit "A" EMPLOYMENT AGREEMENT, September 13, 2011

Resolution Amending the Employment Agreement of City Administrator Jason Stilwell 12-03-13.pdf

Council Report, Resolution (Attachment I) amending the City Administrator's Employment Agreement (Attachment II).document, December 3, 2013