ITEM: CONSENT CALENDAR

5. Consider Appointment of District General Manager and Secretary to the Board, and Approval of the Agreement for Employment of General Manager

Meeting Date: June 21, 2004 Budgeted: Yes

Staff Contact: David C. Laredo Program/Line Item No.: Personnel Costs-Salaries & Wages

Cost Estimate: $128,500 plus benefits (FY2004-05)

General Counsel Approval: N/A

Committee Recommendation: The Administrative Committee reviewed this item on June 7, 2004 and recommended approval.

CEQA Compliance: N/A

SUMMARY: Fran Farina assumed the office of General Manager and Secretary to the Board of Directors for a limited term, ending June 30, 2004. The Board of Directors has worked with its recruiting consultant, Kris Kristensen of CPS Executive Search, to advertise and interview prospective candidates to assume the office of General Manager to succeed Ms. Farina. The Board of Directors conducted several rounds of interviews with candidates. A proposed contract has been negotiated between the final candidate and Mr. Kristensen, upon the advice of General Counsel. This draft contract would engage the General Manager for a two year term, which can be terminated early upon 6-month’s notice by the Board of Directors. The new General Manager would report for duty on July 12, 2004 if the draft contract is authorized.

RECOMMENDATION: Staff recommends, upon approval of this Consent Calendar item, that the Board Chair be authorized and directed to sign the attached contract of employment for the position of General Manager, and that David A. Berger be appointed as General Manager and Secretary to the Board of Directors. The Administrative Committee reviewed this item at its June 7, 2004 meeting and voted 2 to 1 to recommend approval.

BACKGROUND: The Agreement For Employment of General Manager (Exhibit 5-A) calls for the Board of Directors to appoint David A. Berger to the position of General Manager to perform functions and duties set forth in Exhibit A of the Agreement and such other duties and functions reasonable and customary to the General Manager position as the Board of Directors shall from time to time assign. Mr. Berger will be an at-will employee and shall serve at the pleasure of the Board of Directors, but the Board agrees to, with few exceptions, provide Mr. Berger with six months notice (or pay in lieu of notice) if his services are to be terminated. Mr. Berger shall report for duty commencing July 12, 2004.

The draft Agreement calls for Mr. Berger to receive a salary at the rate of $125,000 per year, which will increase to $132,000 effective on January 1, 2005, and to $135,000 on July 1, 2005 if the Board of Directors determines that his performance evaluation has met or exceeded objectives and expectations. The Agreement also sets other terms and conditions of Mr. Berger’s employment and benefits.

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