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HomeMy WebLinkAboutResolution - 2016-R0405 - Appoint Mitchell Satterwhite As City Attorney On Interim Basis - 11/02/2016Resolution No.2016-R0405 Item No.7.8 November 3.2016 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT Mitchell Satterwhite ("Satterwhite")is hereby appointed to serve as City Attorney of the City of Lubbock,on an interim basis, on terms consistent with a Memorandum of Understanding attached hereto as Exhibit "A",effective November 18, 2016;and THAT the Acting City Manager is authorized and directed to make such changes to the municipal budget and such other matters necessary as a result hereof; and THAT the Mayor of the City of Lubbock shall be authorized to execute any related documents in connection with the assumption of the additional duties assumed by Satterwhite as City Attorney. Passed by the City Council this 3rd day of Novembe ,2016. ATTEST: 4 Rebepca Garza, City Secretary APPROVED AS TO FORM: DANIEL M.POPE.MAYOR Resolution No. 2016-RO405 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is entered into on this, the 27rh day of October, 2016 between the City of Lubbock, Texas, by and through its Mayor, and Mitchell Satterwhite ("Satterwhite"), an individual and employee of the City of Lubbock, Texas, and shall have an effective date of November 18, 2016. This MOU shall memorialize the terms and conditions of the appointment of Satterwhite to the position of City Attorney, on an interim basis, and shall include the following exclusive provisions: This MOU shall expire automatically on January 3, 2017, or upon one of the following occurrences, whichever shall be the earliest to occur: i) at such time that a City Manager is appointed by the Lubbock City Council, formally assumes office, and Chad Weaver resumes his appointment as City Attorney; or ii) at such time that Satterwhite either relinquishes, or is relieved by the Lubbock City Council of, the title and responsibilities of City Attorney. 2. For the term of this MOU prospectively, Satterwhite shall assume the duties and responsibilities attendant to the City Attorney's position, at a salary equal to that salary paid to City Attorney Chad Weaver as of the date of execution of this MOU. 3. At such time that Satterwhite shall cease to serve as City Attorney, absent another agreement in writing between the parties hereto, Satterwhite shall assume a full-time position within the City of Lubbock City Attorney's office at a salary equal to Satterwhite's salary as of the date of execution of this MOU; provided, however, that if any adjustment shall have been made to the entire class of City employees during the term of this MOU, for which adjustment Satterwhite, but for his appointment to City Attorney, would have been eligible to receive, Satterwhite's salary shall likewise be set on an adjusted basis, upon termination of the MOU. This provision shall survive the expiration of the MOU. 4. The parties hereto further acknowledge and agree that Satterwhite is presently an employee of the City of Lubbock, that the terms of this MOU are merely to provide additional compensation in consideration of the performance of additional duties and responsibilities, and that nothing herein shall be construed to be in conflict with Chapter 1, Article IX, Section 21 of the City of Lubbock Charter. No other terms or conditions shall comprise this MOU. Signed: