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Res. 2216 - Appointing City Attorney GranumCOUNCIL BILL NO. 3224 RESOLUTION NO. 2216 A RESOLUTION APPOINTING MCKENZIE GRANUM AS CITY ATTORNEY PURSUANT TO THE WOODBURN CITY CHARTER AND. AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED EMPLOYMENT AGREEMENT WHEREAS, Section 10 of the Woodburn City Charter provides for City Council appointment of a City Attorney as an officer of the City; and WHEREAS, McKenzie Granum has served as Assistant City Attorney since 2016; and WHEREAS, the City Attorney is retiring on December 31, 2023; and WHEREAS, the City Council has determined that McKenzie Granum is imminently qualified and familiar with the City's operations so that she can provide City Attorney services in the most effective manner; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That, pursuant to Section 10 of the Woodburn City Charter, the City Council appoints McKenzie Granum as City Attorney effective January 1, 2024. Section 2. That the Mayor is authorized to execute the attached employment agreement with McKenzie Granum to act as City Attorney. Approved as to form: City Attorney Date Passed by Council Submitted to the Mayor Page 1 - COUNCIL BILL NO. 3224 RESOLUTION NO. 2216 APPROVED: FRANK LON AN, MAYOR lul "IV, Q s U )-3 Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 3224 RESOLUTION NO. 2216 7t J -7 Z-310 Employment Agreement McKenzie Granum City of Woodburn City Attorney THIS AGREEMENT made and entered on July 25, 2023, between the City of Woodburn, an Oregon municipal corporation, (hereinafter referred to as "City"), and McKenzie Granum, (hereinafter referred to as "Granum"), both of whom understand and agree as follows: RECITALS Whereas, City desires to continue to employ the services of McKenzie Granum as the City Attorney for the City of Woodburn pursuant to the Woodburn City Charter and to provide an inducement for her to remain in such employment; WHEREAS, Granum desires to be employed as the City Attorney; and WHEREAS, City and Granum desire to have a written employment agreement that creates a professional and businesslike relationship that serves as a basis for effective communication, and that avoids any misunderstandings between the parties as to the terms of this employment relationship; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. Duties City hereby agrees to employ Granum as the City Attorney, of the City of Woodburn to perform on a continuing basis the functions and duties, which are generally described in the Woodburn Charter and municipal ordinances and Granum's job description, and to perform other legally permissible and proper duties and functions as City shall from time-to-time assign. 2. Hours of Work Granum shall devote her full work time to the duties and responsibilities of her position, and any additional work time reasonably required to discharge the duties and functions as assigned. This provision shall not restrict Granum from using vacation or personal leave for teaching, consulting, or related activities, provided these activities do not conflict with regular duties of Granum. Granum is considered an exempt employee not entitled to overtime pay. 3. Term The term of this Agreement shall be for three (3) years commencing on January 1 , 2024, and ending on December 31 , 2028, at 5:00 p.m. ("Services Period"). Prior to the expiration of this term, the parties may enter into negotiations for the extension of the Agreement. 4. Termination Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City for any reason whatsoever, with or without cause, to terminate the services of Granum at any time prior to the expiration of the Service Period as provided herein. Both parties acknowledge and agree that this is an "at will" position. The City may terminate Granum for any reason or no reason, and Granum may leave the employ of the City for any reason or no reason. Termination for Cause. If Granum is terminated during the term of this Agreement for cause, City shall have no obligation to pay the severance pay under this Agreement. Prior to Granum's termination for cause Granum shall be provided written notice of the conduct that constitutes cause. Such determination by City shall be made in accordance with disciplinary and grievance procedures set forth in the adopted human resource policies of the City in force and effect on the date of the alleged misconduct. For the purposes of this Agreement, "cause" is defined as follows: • Loss by City Attorney of her Oregon State Bar license, for any reason • Engaged in conduct that constitutes willful gross malfeasance in office, fraud, or theft; or • Willful and material failure to observe or perform the duties of her employment hereunder; or • Abandoned the position of City Attorney; or • Indictment for illegal action. If such indictment does not ultimately result in conviction, then City Attorney shall receive Severance Pay. If the indictment does ultimately result in a conviction, City Attorney shall not receive Severance Pay; or • Been convicted of a felony or crime involving breach of trust, dishonesty or moral turpitude; or • Violated any of the requirements of this Agreement. B. Termination Without Cause & Severance Pay. If City elects to terminate this Agreement without cause, City shall pay Granum a lump sum severance pay equaling six (6) months of current rate of pay. Compensation includes benefits and continued enrollment in the health insurance benefit program given management employees for up to six (6) months from the date when the written notice of termination is given. Severance shall be paid within thirty (30) days of the date of termination. The total amount of Granum's Severance Pay calculated under this section will be characterized as `not earned for services rendered', and will therefore, not be reportable to PERS for the purposes of pension calculations. 5. Resignation Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Granum to resign at any time from this position with City subject to the provisions of the Agreement. In the event Granum voluntarily resigns this position before the expiration of the aforesaid term of employment, Granum shall give City a minimum of thirty (30) days written notice, unless the parties agree otherwise. 6. Salary During Services Period, City agrees to pay a salary of $156,000 (one hundred fifty-six thousand dollars) per year, for services rendered. Such salary shall be payable in installments at the same time as the regular employees of City are paid. During the duration of the contract, the City will monitor pay rate is in line with internal equity and external market and may make any necessary adjustments within the budget. Following the first year of employment, conditional upon a satisfactory performance review, Granum will be given a 5% increase. Annually, thereafter, after a satisfactory evaluation by the City Council, an increase in salary may be negotiated by City and Granum. Granum understands that all increases, if any, are subject to Oregon Pay Equity law considerations. 7. Leave A. Vacation Leave. Granum shall accrue vacation leave at the corresponding to years if service, in accordance with Human Resources Rules. All accrued vacation leave is payable to Granum under this Agreement upon termination or resignation. No vacation leave shall accrue beyond the maximum accrual limit, nor shall Granum be entitled to any vacation leave that would otherwise have accrued during any period where the maximum accrual limit has been reached, and is not reduced through use. B. Sick Leave. Granum shall accrue twelve (12) days (96 hours) of sick leave per year. C. Executive Leave. Granum shall accrue ten (10) days, eighty (80) hours of executive leave per year. Executive leave may accrue up to a limit of twenty days (20), one hundred sixty (160 hours) hours and all accrued executive leave is payable to the Granum under this agreement upon termination or resignation. However, no executive leave shall accrue beyond this maximum accrual limit, not shall the Granum be entitled to any executive leave that would otherwise have accrued during any period where the maximum accrual limit has been reached, and not reduced through use. D. Use of Leave. Vacation and Sick Leave may only be used by Granum in a manner that is consistent with the Human Resources Rules. 8. Benefits A. Public Employees Retirement System. During the service period, the City shall pay both the "employee" and "employer" portions for Granum's retirement program under the Oregon Public Employees Retirement System (PERS). B. Deferred Compensation. During the services period, the City shall allow Granum to participate in the employee deferred compensation program and shall match Granum's annual contribution to this program in an amount not to exceed 7.50 of Granum's annual salary. In the event of a financial downturn, nothing in the Agreement shall prevent the City Administrator from reducing this contribution provided all other contracted employees are likewise reduced. Other Benefits. Granum will accrue vacation leave at the accrual rate corresponding to years of service, in accordance with the HR Rules. Granum shall receive all other employee benefits regarding wages, participation in the City's health insurance benefit program, holidays, hours, and other terms and conditions of employment as other regular management employees of the City, including annual cost of living adjustments (COLA), if given. All accrued vacation leave is payable to Granum under this Agreement upon termination or resignation. 9. Use of Automobile Granum may have use of a City-owned vehicle to conduct City business during regular business hours and such hours as are necessary to the conduct of Granum's duties. 10. Performance Evaluation The City Council will meet, as a body, annually with the City Attorney, during a mutually agreed time and location, to discuss their annual review and performance. The City Council shall conduct its evaluation of Granum in executive session unless Granum invokes her statutory right to have the evaluation occur in open session. During the annual meeting, the City Council and Granum shall discuss goals and performance objectives as they may determine necessary for the proper operation of the City. Individual Councilors shall be required to complete the Council adopted Executive Employee Performance Evaluation form. These goals and objectives shall be legal, reasonably obtainable, and within performance objectives, which shall be consistent with operating and capital budgets and appropriations provided. In the event that the City Council determines that the performance of Granum is unsatisfactory in any respect or needs significant improvement in any area, the City shall describe these concerns in an objective way. In the event that the City Council determines that the performance of the City Attorney is satisfactory, an annual merit increase shall be negotiated. 11. Professional Development A. City agrees to pay for professional fees, dues and subscriptions on behalf of Granum that are reasonably necessary to the participation in organizations necessary and desirable for continued professional growth and advancement. B. Subject to available funds and City Council appropriation, City agrees to pay the travel and subsistence expenses of Granum for official travel, meetings, and occasions reasonably adequate to continue the professional development of Granum, and to reasonably pursue necessary official functions for City. C. Subject to available funds and City Council appropriation, City agrees to pay travel and subsistence expenses for travel to and attendance at trainings and conferences that provide professional development benefits. D. Subject to available funds and City Council appropriation, City agrees to pay the cost for membership(s) in professional associations that provide professional development benefits. 12. Liability The City agrees to defend, hold harmless, and indemnify Granum against any tort claim or demand, from any and all claims, actions, losses, damages, charges, expenses or attorney's fees to which Granum may be subject to arising out of, or resulting from, an alleged act or omission occurring in the performance of her duties and to the full extent provided for in the Oregon Tort Claims Act. The provisions of this section do not apply in case of malfeasance in office or willful or wanton neglect of duty. If in the good faith opinion of City Attorney, a conflict exists as regards to the defense of any such claim between the legal position of City and City Attorney, City Attorney may engage in counsel in which event, City shall indemnify City Attorney for the cost of legal counsel. 13. Other Terms and Conditions A. City may from time to time fix other terms and conditions relating to Granum performance hereunder, provided such terms and conditions are not inconsistent or in conflict with the provisions of this Agreement. B. Granum shall perform her duties in accordance with all the laws, ordinances, rules, and regulations applicable to her position. Granum shall maintain her Oregon State Bar License and active membership in the Oregon State Bar as required by the classification and state law. C. Granum shall maintain throughout the life of this Agreement a valid Oregon State Bar license as required by the State of Oregon in order to practice law and appear before the courts of this State. As agreed, to previously by the parties, City shall pay Granum's annual Oregon State Bar dues. D. The entire Agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. Except as herein expressly provided to the contrary, the provisions of this Agreement are for the benefit of the parties solely and not for the benefit of any other person, persons or legal entities. E. This Agreement contains the parties' entire agreement with respect to the subject matter of this Agreement except that Granum is subject to the City's HR rules, policies, handbooks, etc. as they currently exist or are subsequently modified or issued. In the event this Agreement and the rules, policies, handbooks or the like differ, this Agreement will control. F. Granum acknowledges that she has not been induced to enter into this Agreement by any representation or statements, oral or written, not expressly contained herein or expressly incorporated by reference. City makes no representations, warranties and guarantees expressed or implied, other than expressed representations, warranties and guarantees contained in this Agreement. 14. Attorney Fees. In the event of any suit or action herein, the prevailing party in such suit or action shall be entitled to reasonable attorney fees to be fixed by the trial court, and if an appeal is taken from the decision of the trial court, such further sums as may be fixed by the appellate court as reasonable attorney fees in the appellate court, together with prevailing party costs and disbursements incurred therein. 15. Notice All notices under the Agreement shall be in writing and mailed or personally delivered to Woodburn City Hall (for City) or the residence of Granum (for Employee). 16. Severability If any provision or portion of this Agreement is held by the courts to be illegal, unconstitutional, invalid or unenforceable, the remainder of this Agreement shall be deemed severable, and shall not be affected and shall remain in full force and effect. 17. Applicable Law. This Agreement is construed under the laws of the State of Oregon and the Woodburn City Charter. In Witness Whereof, the parties hereto have executed this Agreement which is effective upon execution by both parties. FRANK LONERGAN MCKENZIE GRANUM CITY OF WOODBURN MAYOR CITY ATTORNEY Date Date