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HomeMy WebLinkAboutResolution - 2024-R0258 - Appointment Of City Attorney Matt Wade - 05/14/2024Resolution No. 2024-RO258 Item No. 7.1 May 14, 2024 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Matthew Wade is hereby appointed to serve as City Attorney for the City of Lubbock, pursuant to Article IX, Section 10 of the City of Lubbock Charter, effective June 3, 2024; and THAT the Mayor is authorized and directed to execute a Severance Agreement, also effective June 3, 2024, a copy of which is attached hereto as Exhibit "A", in connection with said appointment; and THAT the City Manager is authorized and directed to make such changes to the municipal budget and such other matters necessary as a result hereof. Passed by the City Council this 14th day of May , 2024 ATT ST: CourbIey Par, City Secretary Resolution No. 2024-RO258 SEVERANCE AGREEMENT COUNTY OF LUBBOCK § STATE OF TEXAS § This Agreement is entered into by and between the City of Lubbock, Texas (hereinafter called "City") and Matthew Wade (hereinafter called "Attorney") (collectively hereinafter referred to as the "Parties"). RECITALS WHEREAS, the City has employed the Attorney as its City Attorney and; WHEREAS, Attorney has demonstrated and proven expertise in municipal legal duties; and WHEREAS, Attorney desires a severance agreement in the event he is terminated by the City; and WHEREAS, the City and the Attorney desire to agree upon and set forth the following terms and conditions as a severance agreement; NOW THEREFORE: AGREEMENT Based upon the mutual covenants expressed herein, the City and Attorney hereby agree as follows: 1. EMPLOYMENT. At the time of making this se% e~ance agreement, the City has employed Attorney as the City Attorney of the City of Lubbock. wliich services as City Attorney are indefinite in term. Nothing in this severance agreement shall restrict the right of the City to terminate Attorney at any time. 2. COMPLIANCE WITH CHARTER. This severance agreement is not intended, nor shall it be interpreted to be, a personal services contract for a stated tern in conflict with Chapter 1, Article IX, Section 21, Lubbock City Charter. Specifically, no stated term is set forth herein. Additionally, this severance agreement is not intended, nor shall it be interpreted to create any conflict with Chapter 1, Article IX, Section 4, Lubbock City Charter as this severance agreement shall not and does not create any public office of emolument and does not establish any interest on the part of the Attorney in the profits or emoluments of any contract, job, work or service for the City. 3. TERMINATION BY ATTORNEY. Nothing in this severance agreement shall prevent, limit or otherwise interfere with the right of the Attorney to resign and terminate his employment by the City at any time should he choose to do so. 4. TERMINATION BY CITY FOR CAUSE. The City may for Cause (as defined below) terminate the Attorney's employment upon written notice specifying the particulars of the Cause. In the event the Attorney is terminated for Cause, the City shall be discharged and excused from any responsibility with respect to severance compensation. As used in this severance agreement, "Cause" shall mean: (a) Recurring acts of willful, knowing, grossly negligent, and habitual neglect of any significant duty and significant obligation required to be performed by City Attorney. However, the terns and conditions of this paragraph shall not justify Cause unless the City Council has provided the Attorney a reasonable opportunity to remediate any such deficiency; (b) Attorney's plea of guilty or no contest to or conviction of a felony or any other crime involving moral turpitude; (c) Attorney's inability to perform his duties as a result of a disability as defined in the Americans with Disabilities Act and after the City's full compliance with that Act and the Family Medical Leave Act; (d) any serious misconduct, including but not limited to misconduct proven per Section 5 of the City of Lubbock Personnel Policies, for dishonesty, disorderly conduct as defined by the Texas Penal Code, harassment of other employees, abuse of alcohol or controlled substances; or (e) Attorney's death. 5. TERMINATION BY CITY WITH NO CAUSE. In the event Attorney's employment is terminated by the City for reasons other than "Cause" as defined above, the City agrees to compensate Attorney as follows: six months base salary and benefits. However, one month shall be added to the six month base for each additional year Attorney is employed, for a severance cap of twelve months. By way of example, the severance for Attorney shall be six months at the start date of employment, which shall be increased to seven months after one year 2 of employment, and so forth. After six consecutive years of service, the severance shall cap at 12 months and «vil] no longer increase. Severance pay shall be computed at Attorney's salary and benefits immc,liatchr prior to termination and shall be distributed to Attorney in accordance with City's procedures i'cu- terminal pay of other City employees, or as time payments not exceeding two years for total payout at Attorney's discretion. In the event Attorney's employment is terminated by the City for "Cause," Attorney agrees that he shall be entitled to no severance compensation whatsoever. If Attorney resigns, he shall be entitled to no severance compensation whatsoever. 6. OTHER TERMINAL PAY. Upon termination of his employment for any reason, including upon the resignation of the Attorney, Attorney shall receive compensation for accrued vacation and unused sick leave and such other termination benefits as are provided for other employees of similar longevity. 7. REDUCTION OF SALARY. In the event the Attorney's salary shall be reduced by a greater percentage than that of any universal salary reduction for all City employees, such salary reduction may be deemed a tenmination with no Cause by the Attorney and he shall be entitled to the benefits set forth above for termination with no Cause. 8. WAIVER OF RIGHT TO SUE. With the exception of legal action to enforce the terns of this severance agreement, Attorney, as consideration for this severance agreement, shall waive the right to bring suit against the City for any cause whatsoever. Attorney also waives the right to bring any administrative claim or other legal action against the City, including but not limited to claims brought through the Equal Employment Opportunity Commission or Texas Workforce Commission. 9. NO WAIVER. Waiver by either of the Parties of any breach or violation of this severance agreement shall not operate as or be construed to be a waiver of any subsequent breach thereof. 10. NOTICES. Any and all notices under this severance agreement shall be furnished in writing and sent by certified mail, return receipt requested, to the residence address of Attorney or to the principal offices of the City of Lubbock. 11. DUPLICATE ORGINALS. This severance agreement is executed in duplicate originals each of which shall be deemed an original and which shall together constitute one and the same severance agreement with one counterpart being delivered to each of the Parties. 12. NON -ARBITRATION. The Attorney and City each reserve the right to exercise any right or remedy available to either of them by law, contract, equity, or otherwise, including 9 without limitation, the right to seek any and all forms of relief in a court of compc`c.it jurisdiction. Further, the Parties shall not be subject to any arbitration process prior `o escrci i.ig an unrestricted right to seek judicial remedy. The remedies set forth herein are cumul�l i i� c ;ind not exclusive, and may be exercised concurrently. To the extent of any conflict betwecl1 t11i� h ovision and another provision ui, o:- rcl:�ted to, this document, this provision shall control. ( CHOICE OF LAW/VENUE. This severance agreement shall be governed by, construe(., and enforced in accordance with, and subject to, the laws of the State of Texas. Any action arising under this severance agreement shall be brought in the state courts 'of Lubbock County, Texas. 14, ENTIRE AGREEMENT, It is expressly understood and agreed that this severance agreement embodies the entire agreement between the Parties and supersedes any and all prior agreements, arrangements, or understandings between and among them. No oral understandings, statements, promises, terns, conditions, obligations, or agreements contrary or in addition to the terns of this severance agreement exist. This severance agreement may not be changed by oral representations and may only be amended by written instnunent executed by the Parties. 15. INVALID CLAUSE. Should any provision of this severance agreement be held invalid or unenforceable, such provision shall be ineffective to the extent of such invalidity or unenforceability, without invalidating the remainder of such provision or the remaining portions of this severance agreement. 16. LEGAL CONSULTATION. Attorney acknowledges that he has been provided with adequate time to seep : al counsel prior to executing this severance agreement and that he himself is a licensed attorney . i;h experience in and knowledge of the legal issues related to this contract, including but not limited to: contract law, employment law, and state and local government law. 17. SECTION NUMBERS AND HEADINGS. Section numbers and section titles have been set forth herein for convenience only, and they shall not be construed to limit or extend the meaning or interpretation of any part of this severance agreement. 18. CONSTRUCTION. The language used in this severance agreement is chosen jointly by the Parties to express their mutual intent and no rule of construction will be applied against any of them, including any rule of draftsmanship. The Parties expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against any of them. Except as expressly limited by this paragraph, all of the applicable riles of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity. 4 Executed this 14th day of Texas. ATTORNEY: J�tGv'?04 MATT WADE Severance Agreement -Wade 2024, at Lubbock, CITY OF LUBBOCK: TRAY PAYNE, OR AT EST: Courtney Paz, City Secretary LJ i B U RIT001 I , '0 � itch Attorney for City of Lubbock