12-17-1991 (City Council) Agenda Packet DATE POSTED 12-13-91
TIME POSTED 5:00 P.M.
AGENDA
SPECIAL CALLED MEETING - CITY COUNCIL
CITY OF WYLIE , TEXAS
6 : 00 PM TUESDAY, DECEMBER 17 , 1991
COUNCIL CONFERENCE ROOM - MUNICIPAL COMPLEX
2000 SH 78 N
CALL TO ORDER
ORDER OF PAGE
BUSINESS NUMBER BUSINESS
1 Recess Open Meeting
2 Convene Council into Executive Session
under the Authority of Article 6252-17
V .A.C. S . , Section 2 , paragraph "g"
Personnel Matters - First interview
session with applicants for City
Manager position and evaluation of
City Attorney .
3 Reconvene Council into Open Session .
4 Consider any action appropriate from
Executive Session .
5 Consider approval of who or if all of
Council will be attending the tree
planting exercises during January and
February and which one will make a
speech representing the City.
6 Consider Awarding Bid for Contract to
close the Wylie Municipal Landfill .
7 Consider approving a Resolution to
adopt revisions and amendments to the
Personnel Regulations .
8 ADJOURN
ti',
MEMORANDUM
DATE: December 9 , 1991
TO : Carolyn Jones , Acting City M. • - : ,N
Nit41°:
FROM: Steve Deiter , City Attorney
RE : City Attorney Salary Review
As of December 10 , 1991 I have been employed by the City of
Wylie for a period of six months . I am directing this
memorandum to you as a reminder , or a request for my salary
review.
If appropriate , I would request that this memorandum be
forwarded to the Council along with the attached letters and
employment agreement .
As indicated in the attachments my understanding was that
the six month review was to be in addition to the annual
consideration for a merit raise . Therefore I respectfully
request consideration for an increase in salary in excess of
the 1 . 5% merit raise .
I believe that I have discharged my duties as City Attorney
in a very capable manner and have generally been a good
employee as well . I would also submit that my performance
has lived up to the capabilities , background , and experience
which I represented I could bring to the job when I
interviewed with the Council this Spring .
I would also like to point out that when I accepted the job
at the agreed salary it was with the understanding ( based on
information from the City Manager ) that my share of the
dependent insurance coverage would be a nominal amount of
$50 .00 per month , or less . As it turns out the employee
share was $209 . 91 per month. Therefore , I am actually
working for $ 1 , 919 . 00 (actual cost of $2 , 519 less stated
cost of $600 . 00) less per year than I thought I had agreed
to do . Under the CIGNA plan the annual figure is $268 . 32
less , therfore the $ 1 , 919 figure will be $ 1 , 650 . I don' t
expect the City' s share of the dependent coverage to change
for me and I admit that I could have verified the amount of
the insurance but I did not think it was necessary . I am
just taking this opportunity to point out that I am already
working for significantly less than what I expected .
All of the above is submitted with full knowledge and
appreciation for the City' s financial condition and the
constraints of the FY92 budget . Nonetheless , I thought it
was appropriate for me to state my position concerning
salary , notwithstanding these constraints . The Council will
now need to weigh my request against the budgetary
constraints and other appropriate factors to determine the
extent , if any, of an appropriate salary increase .
I do not have any demands or requirements concerning salary.
I trust the Council to make an equitable decision just as I
did when I agreed to come to work for the City.
Thank you in advance for you attention herein .
:r
ie
CITY OP' WYLIB
2000 HWY.78 N.-P.O. BOX 428
WYLIE,TEXAS 75098
(214)442-2236 • FAX 442-4302
John Akin
Mayor
March 25 , 1991
Don Hughes Mr . Steven P.' Deiter
Mayor Pro-Tern p. 0. Box 283
Sabetha , Kansas 66534-0283
William Martin
City Council Dear Mr . Deiter,
I have been authorized by the Wylie City Council to make a
job offer to you as full time City Attorney representing
this City. The job offer will include a base salary of
Pat Stemple $45,000 per year, a $250 per month car allowance and all
City Council benefits received by other City Employees . The City Council
will evaluate your performance after six (6) months for
possible merit consideration . Please advise us of your
decision and when you may or may not start to work full
time.
Steve Wright Sincerely,
City Council
Bi 1 Dashner
Percy Simmons City Manager
City Council
cc: City Council
Chuck Wible
City Council
Bill Dashner
City Manager
• DEITER LAW OFFICE, P.A.
1007 Main Street
P.O.Box 283 •
Sabetha,Kansas 66534-0283
Steven P.Dollar 913/284-2360
Attorney s$leer
March 27, 1991
Mr. Bill Dashner
City Managerft: () cpy
City of Wylie
P.O. Box 428
Wylie, Texas 75098
Dear Bill:
This will acknowledge the City's offer to employ me as City
Attorney as set forth in your letter .of March 25, 1991.
I am agreeable to accepting the job offer on the terms as set
out in your letter and the City's paying me $2,.000.00 for expense
of relocation.
Our tentative plans would be to move to Wylie by the first
week of June and be available for employment commencing June 10th.
Once I have firmed up more of my plans on this end, I will be able
to give the City a firm date on which I would be able to begin
work. I think I would have enough information to make the
decision by May 1, 1991.
Even in the event that June 10th would not work out, I would
anticipate being available by June 17th or at the very latest June
24th for full time employment with the City.
I would also mention that the City Council's agreement to
reevaluate and give my position merit consideration after six
months is a very significant factor in my accepting this offer.
In my perspective, I am accepting what I believe is a somewhat
lessor salary in recognition of my lack of Texas Municipal Law
/ experience. By the end of the six month period, I believe this
lack of experience will no longer be a significant factor and I
would anticipate a substantial pay increase. Of course, what
would actually take place in this regard would be in the sound
discretion of the City Council.
We have plans to be in Wylie on April 3rd and 4th and will
probably attempt to come by City Hall and speak with you for a few
minutes concerning some of the mechanical details of the position.
Mr . Bill Dashner
March 27, 1991
Page 2
I am faxing this letter on the day it is written. However, I
am also mailing the original so you may have something to place in
your files and records. Please feel free to issue any of the
information contained in my Resume as you prepare a press release
concerning my acceptance of the position.
Thank you so much for the courtesies extended to me. I look
forward with great anticipation to working with yourself and the
other city officials.
Sincerely yours,
Steven P. Deiter
SPD:mc
COoy
MEMORANDUM OF EMPLOYMENT AGREEMENT
AGREEMENT, acknowledging employment of Steven P. Deiter,
hereinafter referred to as ATTORNEY, as City Attorney for the
City of Wylie, Texas, hereinafter referred to as CITY.
WITNESSETH:
WHEREAS, the City has heretofore extended a job offer to
Attorney under a letter dated the 25th day of March, 1991; and,
WHEREAS, Attorney has accepted said employment offer with
minor changes and modifications as evidenced by letter of March
27 , 1991; and,
•
WHEREAS, City has accepted such modifications and changes
and the parties have reached a firm agreement concerning said
employment, but no writing memorializing such agreement has been
heretofore made, other than the two letters as above-referenced;
and,
WHEREAS, the parties desire to make such a writing
acknowledging such employment agreement as has been heretofore
approved by City' s Governing Body;
NOW, THEREFORE, the parties acknowledge and agree that the
City has hired Attorney as its full time City Attorney and
Attorney has accepted such employment on the following general
terms and conditions:
1. Attorney will receive a base salary of $45, 000.00 per
year, a $250.00 per month car allowance, and all other benefits
received by other City employees.
2 . City will evaluate Attorney's performance six months
after commencement of employment for possible merit
consideration.
3 . Attorney will begin full time employment on the 10th day
of June, 1991.
4 . City shall pay to Attorney the sum of $2,000.00 . for
moving expenses.
TER LAW OFFICE,P.A. 5 . Both the City and Attorney represent and state that such
P.o.eoz283 employment agreement represents the final agreement between the •
belha,Kansas 88534 parties and that the same is not subject to further modification
and the same is a firm agreement between the parties. Neither
113-:a4.:aeo party knows of any factors which currently exists nor of any
which they anticipate developing in the future, which could serve
to frustrate commencement of the employment as anticipated.
, i
. •
6. This agreement is not meant to be a comprehensive
employment agreement between the parties and therefore
necessarily does not speak to all of the details of the actual
position such as personnel policy matters, precise job
description, and related matters) and it is strictly limited to
those matters herein above expressed.
IN WITNESS WHRRSOF, the parties have hereunto set their ha. .
this 25th day of April, 1991.
CITY OF W XE, TEXAS ATTORNE
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.2.
RESOLUTION NO .
A RESOLUTION OF THE CITY OF WYLIE , TEXAS ADOPTING AND
APPROVING CERTAIN REVISIONS AND AMENDMENTS TO THE CITY OF
WYLIE PERSONNEL REGULATIONS .
WHEREAS , the City of Wylie has heretofore established and
adopted Personnel Regulations on the 14th day of
August , 1984 which have since been amended and
revised with the last such revision being on the
27th day of August , 1990 ; and
WHEREAS , the City Manager , has in cooperation with the
Staff , recommended certain amendments and
revisions to the Regulations ; and
WHEREAS , the City Council has reviewed the proposed changes
and desires to approve the changes ;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE , TEXAS , AS FOLLOWS:
Section 1
That the document designated Personnel Regulations of the
City of Wylie , dated this 16th day of December , 1991 ,
consisting of , bound pages , exclusive of the cover
sheets , as attached hereto as Exhibit A and fully
incorporated herein by reference , is hereby adopted and
approved as the Personnel Regulations for the City of Wylie .
Section 2
That the effective date of the Personnel Regulations
adopted and amended shall be 12 : 01 a .m. on the first day of
January 1992 .
Section 3
The Mayor and the City Secretary are hereby authorized to
sign the original of the Personnel Regulations .
DULY PASSED AND APPROVED by the City Council of the City of
Wylie , this 16th day of December , 1991 .
APPROVED :
John W. Akin , Mayor
ATTEST:
Carolyn Jones , City Secretary
Al
APPROVED AS 'd ' .14: 0111F
ev• 47Dei r ; C7, ' torney