Ordinance No. 445 !
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ORDINANCE NO. 445
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
PROVIDING FOR
COMPENSATION PROVISIONS OF THE GENERAL MANAGER
OF SOUTH TAHOE PUBLIC UTILITY DISTRICT
SUPERSEDING ORDINANCE NOS. 238, 263, 274, 290, 302,
314, 332, 338, 353, 371, 384, and 412
BE IT ENACTED by the Board of Directors of the South
Tahoe Public Utility District, County of E1 Dorado, State of
California, as follows:
1) That the GENERAL MANAGER and BOARD OF DIRECTORS of
the SOUTH TAHOE PUBLIC UTILITY DISTRICT ·have entered into an
EMPLOYMENT AGREEMENT, dated September 2, 1993, which sets forth the
terms and conditions of employment for the GENERAL MANAGER of the
SOUTH TAHOE PUBLIC UTILITY DISTRICT. The Employment Agreement is
attached as Exhibit A and becomes a part'of this Ordinance by
reference herein.
2) That this Ordinance No. 445 supersedes Ordinance
Nos. 238, 263, 274, 290, 302, 314, 332, 3'38, 353, 371, 384, and
412.
THIS ORDINANCE shall take effect thirty (30) days after
its passage; one (1) week after Board approval, copies of said
ORDINANCE shall be posted by the Clerk of the Board of the South
Tahoe Public Utility District, at four public places in said
District, and one week after Board approval, this ORDINANCE shall
be published in the Tahoe Daily Tribune, a newspaper of general
circulation, printed and published in said District one time.
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Ordinance No. 445
Page Two
PASSED AND ADOPTED at a duly held regular meeting of the
Board of Directors of the South Tahoe Public Utility District' the
2nd day of September, 1993, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Directors Pierini, Mosbacher, Wallace, Mason, Onysko
None
None
None
LOU PIERINI, PRESIDENT OF THE BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
ATTEST:
PAT [~. MAMATH, C<L~RK oF-BdARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
EXHIBIT A
ORDINANCE NO. 445
EMPLOYMENT AGREEMENT
FOR
GENERAL MANAGER/DISTRICT ENGINEER
OF
SOUTH TAHOE PUBLIC UTILITY DISTRICT
This Agreement is made September 2, 1993, by and between the South
Tahoe Public Utility District, a public entity of the State of
California, hereinafter referred to as "District", and Robert G.
Baer, hereinafter referred to as "Baer".
RECITALS
The parties acknowledge that this Agreement is made based upOn the
following facts:
1. The District is a public agency, formed and operating
under the Public Utility District Act. The District is engaged in
the public service function of collection, treatment, and transpor-
tation of wastewater; and the production and distribution of
potable water, as provided by law;
2. Baer desires to remain employed as General Manag-
er/District Engineer pursuant to the terms and conditions hereinaf-
ter set forth.
AGREEMENTS
In consideration of the mutual covenants and promises of the
parties, the District and Baer agree as hereafter provided:
1. EMPLOYMENT AGREEMENT: District hereby extends the
employment of Baer as its General Manager/District Engineer,
subject to the terms, conditions and provisions of the Agreement.
Baer hereby accepts such employment and agrees to perform same
conscientiously and to the full extent of his ability. Baer's
services shall be exclusive to the District during the term of this
Employment Agreement.
2. TERM: The term of this Agreement shall be for three (3)
years commencing September 2, 1993, and continuing through
September 1, 1996.
e
manner:
COMPENSATION: Baer shall be compensated in the following
A. Base Salary of $6,700 per month, payable in accor-
dance with the standard payroll processing of District. Base
salary shall be annually renegotiated prior to March 30 of
each year.
B. In addition to the salary provided herein, District
shall also provide the same benefits to Baer which the
District provides to other Management employees. These
benefits include, but are not necessarily limited to, District
paid vision, health and dental insurance, life insurance,
retirement plan, and sick leave. The District agrees to
thirty (30) paid vacation days annually. Vacation days shall
be accrued the first pay period of January 1993, 1994, 1995,
and 1996.
C. EXPENSES: District shall provide Baer with reim-
bursement for reasonable expenses necessarily incurred by Baer
in the performance of his duties on behalf of District. Such
reimbursement shall take the form of either cash reimbursement
based upon proper expense vouchers or, in the alternative, the
utilization of a credit card or other similar deferred payment
arrangement which sums owing shall be paid by District.
4. EMPLOYMENT REQUIREMENTS: Although it is generally
understood that the normal working hours for the District are from
8:00 A.M. to 5:00 P.M., because of the overall management responsi-
bility of Baer, Baer and District agree that Baer shall not work
designated or assigned hours, but shall be available at all such
times as are required to perform the duties of his position. Baer
shall not receive overtime pay or accumulated compensatory time.
5. MOTOR VEHICLE: District shall provide Baer with a four-
wheel drive vehicle at no cost to Baer. Since the Manager/District
Engineer is on call twenty-four (24) hours per day, seven (7) days
per week, the District vehicle is available for Manager/District
Engineer's use at all times.
6. DUTIES: Baer shall be responsible for the overall
supervision and management of all District operations, employees,
and activities. Baer, in the performance of his duties, shall
answer directly to the Board of Directors of said District. Baer
shall have the authority to hire, fire, discipline, or dismiss such
employees as may be necessary to carry out the business of
District, except as provided or required by law and the Memorandum
of Understanding between the District and the Union and the
Memorandum of Understanding between the District and Management.
7. TERMINATION:
A. District reserves the right, at any time, to termi-
nate this Agreement, in writing, for cause. Termination for
cause shall be limited to:
(1) Baer engages in or assists others in the
commission of illegal acts in relation to the performance
of his duties for District;
(2) Baer violates conflict of interest rules;
(3) Baer is engaged in misrepresentation or fraud
in connection with the performance of his duties for
District.
(4) Actions or inaction deemed by a majority of the
Board of Directors to be in opposition to directions
given in a lawful meeting or in written Board policy, so
long as those directions are within the legal scope of
the Board to direct according to local, state and federal
statutes.
(a) District reserves the right to terminate
this Agreement, in writing, with cause provided
that Baer be given forty-five (45) calendar days
notice and paid six (6) months of his salary and
medical benefits for himself and his dependents, or
the time remaining on his contract, whichever is
less.
(b) Baer reserves the right to terminate this
Agreement with or without cause provided Baer gives
District not less than forty-five (45) days advance
notice. To be effective such termination must be
in writing.
8. DISABILITY: In the event Baer should become disabled for
any reason, Baer will be entitled to all benefits as provided by
law and the policies of District.
9. PAYMENT FOR ACCRUED BENEFITS: Upon termination of Baer's
service, whether by expiration of the term provided in the
Agreement or by sooner termination pursuant to Section 7, Baer
shall be entitled to all compensation and benefits in accordance
with the terms of this Agreement.
10. WAIVER OR MODIFICATIONS: No waiver or modification of
this Agreement or of any covenant, condition, or limitation herein
contained shall be valid unless in writing and fully executed by
the parties.
11. BINDING EFFECT AND INTERPRETATION: This Agreement shall
be binding on and inure to the benefit of the respective parties
and their respective heirs, legal representatives, successors, and
assigns. This Agreement shall be construed in accordance with the
laws of the State of California.
In the event Employee's employment and this Agreement are terminat-
ed, and Employee believes the termination was wrongful, and/or
violated any of Employee's rights, Employee and Employer agree to
submit any dispute arising out of the termination of Employee's
employment, including but not limited to claims of termination
allegedly resulting from discrimination on the basis of race, sex,
age, national origin, ancestry, color, religion, marital status,
status as a veteran of the Vietnam Era, physical or mental
disability, medical condition, or any other basis prohibited by
law, exclusively to final and binding arbitration before a neutral
arbitrator.
Employee and Employer agree that this arbitration shall be the
exclusive means of resolving any dispute arising out of Employee,s
termination and that no other action will be brought'by Employee in
any court or other forum. ONLY THE ARBITRATOR, NOT A JUDGE OR
JURY, WILL DECIDE THE DISPUTE.
12. AGREEMENT: This Agreement contains the entire under-
standing between the parties, and the parties expressly acknowledge
that there are no other agreements, oral or written, and no other
understandings or representations made by either party to the other
which have induced or caused the execution and delivery of this
Agreement, except as may .be specifically set forth within this
Agreement.
R6BERT G./~AER
General Manager/District Engineer
9/3/93
Date
LOU PIERINI, President
Board of Directors
Date
AFFIDAVIT OF POSTING
State of California )
)ss
County of E1 Dorado )
and says:
Patrick Dolan
being first duly sworn, deposes
That for and on behalf of the Clerk of Board of the SOUTH
TAHOE PUBLIC UTILITY DISTRICT, affiant posted copies of
ORDINANCE NO. 445 in form attached
hereto~and by reference made a part hereof, in four
public places in the District as follows:
(4)
(1) City of South Lake Tahoe
Administration Building
South Lake Tahoe, CA
(2) A1 Tahoe Post Office Station
South Lake Tahoe, CA
(3) Tahoe Valley Post Office Station ("Y" area)
South Lake Tahoe, CA
(4) Tahoe Paradise Post Office Station, So. Lake Tahoe, CA
That said posting was completed on the /~ day of
Subscribed and sworn
to me this
day of
19 .
Clerk of the Board
SOUTH TAHOE PUBLIC UTILITY DISTRICT
Board ~-of the
South.Tahoe Utility
District, COUhty of E!
,State of CeJi~nia, a~ f~l~:
1) ..That the GENERAL
MANAGER end BOARD= OF
DIRECTORS of 'the SOUTH
TAHOE ~PL,t~BLIC UTiL!TY
DISTRIC?, have entered 'info
an ~ . "".EMPLOYMENT
AGREEMENT, ' dbted
September 2, lggJ, which
seT~.'fortl~ ~ 'terms 'a.nd
~a~littb~lt~;ef employment for
the GENEI;i~L MANAGER of
the SOUTH TAHOE-PUBLIC
UT IL I't~
end
Of this
fe~'ence
3ersedes Ordinnhce
238, 263,=274, 290, 302,
332, 338, 353~,371~ 384,
ami412.
i~ ORD~ ~lall take
:~1~ Ihi~ ~..deys after its
~flll{i~laga; one {1)~eek ~ter
~]NANCE shale"be posted
by II~e Clerk of the Board of
~t~! ~outh Tattle Public Utility
~1~. ¢~:; at fOUr :public pla~ee
'~Distrlct, and one Week
~i Board approval,: this
~INANCE shall be
'lV, j~ed ~ the TahOe D~ly
~t~dne, a newspaper of
geemal clr,cul~tlon, printed
, and published I~ said District
~ one time,
PASSED AND ADOPTED at
a duly t~aid re(J~a~ meel~ng of
the BOard e! Director~ of the
. South Tahoe Publl~ Utility
District the 2nd.day-of
September,_ 1993,-'by'~the
following vote:
AYES; Dl~eCtorl Pterlnl,
Mosbacher, Wallace, Mason,
Onysl~
ABSTAIN: None
LOU ?...RESIDENT
PUBLIC-
~ISTR~T
~PAT ~;~. MAMATH,
DISTRIGT
y and
2. Beer
empl°I - -
Manager/District EngWf~e~
nursuant tn the termLend wheel drive vehicle at no Co~t
cond t gna hera nafte~set' to Bae~ :?S ~e
for~ ' ~ Manager~t~,Eng~ II
In ~a~on ~e m~a per day, ~ (~ ~ ~r =ovlnln
Boer agree~ sa' heralder Epgln~l.~~, '
' ~ 6 DUTIES ~ Ihall be
1.. E M P L O Y'M E N m responsible 1~. ~he overall t~Na EFFECT
' AGREE~NT Dis~r~y supe~l~h~m~t INTERPRETATION;Thil
extends the empl~ment~f ' of all ~etHct epe~ltlonl,
Beer as its General emp'loyee~', and a=tlvitlel.
Manager/District Engineer, Beer; in ~ ~r~m~ ef the rel~ectlve
subject to the terms, his duttet,--~ali answer
~nditionS and provisions Of dlre~tl~ t~.~
~d e~s ~ ~m s~e hire, lire, ~, ~ ~
~ientiously ~d to ~e ~11 such employees aa may be
· ~nt oL~s ~ili~, Ba~'s ne~ssa~. ~ ~arry out the In the ev
~ Empl~ment Agr~men~ ane t~e Memorlnapm :oI
2.TERM: The te~m of tfl~s Underst~ng~e~eeffthe terumo
(~) yearS' commencing Memoranda. .of E~
September 2, 1~3, ~ Und~stan~:~ the
1, 1~6. ,.~ 7.~T~: terra,nitro
3.COMPENSATION:Ba~ A.~a~t r~el ~ ~t, ~
'shall be ~'sat~ tn~ any time~ to terminate thll.
foli~in~ma~: ~ Agre~int, In Writing, for allegedly
A.Ba~sa~ ~f~,700 P~ c~use. Te~minatlon for di~
with Lbo ~mnda~d payr~ll (~.q~ m ~
~e~g of District. Base ot~e~ Iff me ~mmofl of
salary shall be ~nnuaJly iliegaL~ inm~d~ ~ the
re~0fla~ pdorr'~ ~rch ~ perf~a~ ~ h~ d~ f~
. of ~ y~. ' ~d~
B.In addtlon to the ~alary (2~B~er ~l.tel ~fl~l of
p~ovided herein, District sh~ll
also provide the same
benefits to Beer which tl'~.
DistriCt provides to o~h~t
Management · employeei!?
These benefits' include, bat
~e ~t ~ily limited ~;'
Dis~ict P~d ~s~n '~ ~'
dental 'lnsOt~h~, life
Insurance. ~ttrement pla~
and sick leave. The Distridt
~rees to thirty .(30) -pals
vacation dayl' annually.
Vacation days ~hellv be
January lggJ~, ~4, lgg5.~
and 19~.
C,EXPENSES:DisIriol
reimb
by Baer in the
'hi~ dud,
Inte~! rukll;
(3)Beer Is .engined In
mlsrel~esent~tlon ar ~ In
~n~oflon 'with ~the
~d~~ of ~ d~iM~ f~
~lt~
by a m~ of ~e.~d of
directions given in a lawful
meeting or ~ Written B~rd
potloy, 8o~ long ~ t~so
~ of, ~e ~d m ~mct
a~rding to I~, stem ~d
(a)D. istrict right fo
exclusively
binding
EmplOyee Ind Empl~r
~ the ~M~
· ndtl~t n~ omar ~ will
be l~gm by ~m
· ny egret of o~tf ~.
ONLY THE ARBE~TOR,
NOT A ~' ~'~,
WILL ~E THE
fs generally ~ersto~ that
the ~m~= W~.~ours for
~e Di'~trt~ n,~ fr~ 8:~ A.M.
made ~
the following E)~ 'any ~ Sept 0, Igg~
SOUTH TAHOE PUBLIC UTILITY DISTRICT
Sewer 1950 W,.ter A PUBLIC AGENCY
General Manager
ROBERT G. BAER
P,O. Box 19487 · South Lake Tahoe, California 96151-3487
1275 Meadow Crest Drive ° Phone (916) 544-6474 · FAX (916) 541-0614
September 3, 1993
VIA
FAX
Directors
ROBERT MASON
MARY LOU MOSBACHER
STEVEN J. ONYSKO
LOU PIERINI
DUANE WALLACE
Tahoe Daily Tribune
P.O. Box 1358
So. Lake Tahoe, CA
95705
Attention: Legal Notice Department
Enclosed is Ordinance No.
Please publish this Ordinance/these Ordinances in the Legal Notice
Section of your newspaper on the following date:
September 9, 1993
Also, please send me two copies of AFFIDAVIT OF PUBLICATION for
each Ordinance listed above.
Thank you.
Pat A. Mamath
Clerk of Board
Enclosure (s)
cc: Accounts Payable
AFFIDAVIT OF PUBLICATION
South Tahoe Public Utility District
P.O. Box 19487
South Lake Tahoe, CA. 96151-3487
STATE OF CALIFORNIA
County of El Dorado
I am a citizen of the United States
and a resident of the County foresaid;
I am over eighteen years, and not
a part to or interested in the above
entitled matter, I am the principal
clerk of the printer of the Tahoe
Daily Tribune, a newspaper of general
circulation, printed and published
Sunday through Friday in the City
of South Lake Tahoe, County of El
Dorado, and which newspaper has
been adjudicated a newspaper of general
circulation by the Superior Court
of the County of El Dorado, State of
California under the date of March 6,
1970, Case Number 18569, that the
notice of which the annexed is a
printed copy (set in type not smaller
than (6) six point), has been published in
each regular and entire issue of said news-
paper and not in any supplement therefore on
the following dates, to wit:
September 9
all in the year of: 1993
I certity under penalty, that the foregoing is true and correct.
Dated at South Lake Tahoe, California this
9 dateof September 1993.
Signed:
Paralegal Clerk