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City manager contract is a bit less sweet

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POSTED July 17, 2017 12:49 a.m.

Manteca’s next city manager — Tim Ogden — will make $800 less in his first year of employment than his predecessor Elena Reyes.

Should for some reason he’s terminated,  Ogden will not be able to depart with as fat as a severance check as Reyes.

Those are some of the details of the employment contract for Ogden that is before the City Council when they meet Tuesday at 7 p.m. at the Civic Center, 1001 W. Center St.

The contract is for 3½ years from Aug. 7, 2017 through Feb. 28, 2021. Ogden is currently wrapping up his current job as city manager of Waterford — a community of nearly 9,000 residents in eastern Stanislaus County. He’s been Waterford’s city manager since 2011. That means unlike Reyes he has previous experience running an actual city, managing a municipal staff, and dealing extensively with the public. Like Reyes, Ogden has a strong economic development resume including with Ceres and Modesto. Reyes had previously worked in economic development for San Joaquin County.

Ogden is being paid $190,000 a year compared to $190,000 for Reyes.

He will start with 80 hours of vacation leave and then will start accruing vacation at the rate of 10 hours a month. That compares to Reyes who started with 240 hours of and accrued sick leave and 160 hours of accrued vacation. The accrual at the start of the contract cost the city $36,520 when they parted ways in April. Should something similar happen with Ogden the tab would only come to $7,304. At $190,000 a year, Ogden will make $91.30 an hour based on a 40-hour work week.

The contract with Ogden specifically spells out maximum caps on a payout of the employment agreement is terminated without cause. It states the city manager may receive “an amount equal to his monthly salary multiplied by the months left” in his contract, or 18 months, whichever is less.

Unlike Reyes, Ogden’s contract does not have a clause that prohibits the council from terminating the city manager during the 90-day period before or after an election. Reyes was put on paid administrative leave the last week of November 2016 after the council received numerous complaints about Reyes’ treatment of them. That effective meant Reyes could not be terminated until early February.

The contract with Ogden lists 10 reasons why he could be terminated with cause. They are:

uHis death.

uIf he is unable to perform his duties for a period of 60 days due to a physical or mental disability as determined by a mutually agreed upon medical doctor.

uWillful destruction theft, misappropriation or misuse of city property.

uIntoxication on duty — whether by alcohol or non-prescription drugs.

uConviction of a felony.

uDishonesty, fraud, or misconduct in officer or securing appointment as city manager.

uViolation of any conflict of ingests law or regulation.

uViolation of state or federal discrimination laws concerning race, religious creed, color, national origin, ancestry, physical or mental disability, marital status, sexual orientation, sex, or age concerning either member of the general public or city employees.

uWillful retaliation against any city official or employee, or member of the general public who in good faith reports, discloses, divulges, or otherwise brings to the attention of any appropriate authority and facts or information relative to actual or suspected violations of any law occurring on the job or directly related thereto.

uViolation of the city’s harassment policy as determined by a judgment, admission, or criminal conviction, or any other personnel or employment rule, policy, or procedures.

The contract also calls for Ogden to receive a monthly cell phone allowance of $120, a monthly car allowance of $300, and life insurance coverage of $500,000.

He will receive the same benefits of other executive management team members covering things such as health and dental insurance, sick leave, holidays, administrative leave, long-term disability insurance and retirement. He shall not receive overtime as the position of city manager is exempt under federal labor law.

Ogden has already signed the contract. It is waiting the signature of Mayor Steve DeBrum open the council’s approval on Tuesday.

 

To contact Dennis Wyatt, email dwyatt@mantecabulletin.com

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