Emily Oberdorfer ~ AG211002 CITY OF Tigard
EMPLOYMENT AGREEMENT
CITY OF Tigard EMPLOYMENT AGREEMENT
TABLE OF CONTENTS
Introduction ..................................................................................................................................1
Section 1: Term and Anniversary Date.........................................................................................1
Section 2: Employment,Duties,and Authority..........................................................................1
Section3: Compensation..............................................................................................................1
Section4: Hours of Work.............................................................................................................2
Section5: Probationary Period..........................................................................................1....2
Section 6: Performance Evaluation.............................................................................................2
Section 7: Health,Disability,and Life Insurance,and VEBA Benefits...................................2
Section8: Leave Benefits..............................................................................................................3
Section 9: Retirement and Deferred Compensation...................................................................3
Section 10: Professional Certifications,Bonding,and Professional Development...................3
Section 11: Use and Return of City Property...............................................................................3
Section12: Outside Activities........................................................................................................4
Section 13: Termination,Suspension, and Severance........................................................3..4
Section14: Resignation.................................................................................................................4
Section15: Indemnification...........................................................................................................4
Section 16: Other Terms and Conditions of Employment.........................................................5
Section17: Notices.........................................................................................................................5
Section 18: General Provisions......................................................................................................5
AnniversaryDate Review Acknowledgement...............................................................................6
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City of Tigard Employment Agreement
Introduction
This Agreement,made and entered into this 16s'day of March,2021,by and between the City of Tigard,
Oregon,a municipal corporation, (hereinafter called"City") and Emily Oberdorfer(hereinafter called
"Employee"),both of whom agree as follows:
Section 1:Term and Anniversary Date
A. The term of this Agreement shall be for an initial period from the date of March 29,2021 through
June 30,2022. This Agreement shall automatically be renewed on the first of July each fiscal year,
unless notice that the Agreement shall terminate is given at least 30 calendar days before the
Anniversary Date. In the event that notice to terminate is given as provided in this section,all
compensation,benefits and requirements of the Agreement shall remain in effect until the expiration
of the term of the Agreement unless the Employee voluntarily resigns or is terminated.
B. The Anniversary Date of this Agreement shall be June 30,2022 and annually thereafter.
Section 2:Employment,Duties,and Authority
The City agrees to employ Emily Oberdorfer as Municipal Court Judge to perform the functions and duties
of that position and to perform other duties described in the Municipal Court Judge position description
which may be amended by the City periodically.
The Mayor and City Council are responsible for Employee's appointment,removal,and suspension.
Employee shall serve at the pleasure of the Mayor and City Council and may be removed by the Mayor and
City Council at any time,with or without cause as provided in this Agreement.
Section 3: Compensation
A. Base Salary: For the starting period of this contract,until Court re-opens and while hours of work are
less than twenty(20)per week the City will continue to compensate the Employee on the hourly Pro
Tem rate of$100.00 per hour.Once the court begins re-opening and resuming in-person trials,such
that the weekly hours increase to regularly twenty(20)per week or more enabling the start of benefits
as noted below,the compensation will shift to an exempt salaried basis at a starting rate of$93,000
per year.This salary rate is intended to compensate for roughly a.5 to.6 FTE,understanding that
weekly hours will be determined based on caseload with some weeks being busier while others are
lighter.The City agrees to pay the Employee an annual base salary in equal installments at the same
time and in the same manner that the other management employees of the City are paid.
B. This Agreement shall be automatically amended to reflect any salary adjustments that are provided or
required by the City's compensation policies.
C. Consideration shall be given on an annual basis,each July 1 to increase compensation based on
performance. Total salary shall not,however,exceed the top of the salary range for Municipal Court
Judge as shown in the City's duly established Management Compensation Schedule as it may be
amended from time to time.
D. Should the responsibilities and time commitment of the position exceed the expectations as outlined
in section A above,the base salary section of this contract may be reopened for additional
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negotiation between the parties.The City Manager is authorized to make final decisions on any
negotiations so long as the rates is still within the Council approved salary range.
Section 4: Hours of Work
It is recognized that the Employee may devote time outside the normal office hours on business for the City,
and to that end Employee shall be allowed to establish an appropriate work schedule following consultation
with and the approval of the Mayor and City Council or designee.
Section 5: Probationary Period
Satisfactory performance throughout the probation period is a part of the selection process. Employee shall
be reviewed at the end of six(6) months after the start of employment to determine if Employee has
successfully completed the probationary period. The probation period shall end when the Central Services
Director has documented that determination in a performance review document. The Mayor and City
Council and the Employee shall meet at least annually to assess the goals and objectives of the Judge role and
help set expectations for the subsequent year.
If the Employee does not successfully complete the probationary period,the Employee shall be terminated
and without any entitlement to severance.
Section 6: Performance Evaluation
City shall annually review the performance of the Employee prior to the Anniversary Date of the Agreement
subject to the City's Management/Supervisory performance evaluation and review system and policies.
Section 7: Health,Disability,and Life Insurance, and VEBA Benefits
A. Upon the City and Employee agreeing that regular assigned work hours will be a minimum of 20
hours per week(benefit eligible),the City agrees to provide and to pay a share of the premiums for
health,vision,and dental insurance for the Employee and their dependents equal to that which if
provided to all other management employees of the City of Tigard as authorized by the Mayor and
City Council. The share of the premium paid may be adjusted by the Mayor and City Council but
may not be any greater or any less that that paid for all other management employees of the City. In
the event Employee is required to contribute toward the premium cost of such benefits,Employee
agrees to the deduction of such amounts from their paycheck.
B. The City agrees to put into force and to make required premium payments for long term disability
coverage for the Employee.
C. The City shall reimburse the Employee for the cost of Employee-purchased Life or Long-term Care
insurance,based upon submittal of proof of payment,not to exceed$750 per year.
D. The City shall make a contribution of no more than$600 per year to an HRA Voluntary Employee
Beneficiary Account(VEBA)in the name of the Employee. This contribution may be adjusted from
time to time as authorized by the Mayor and City Council for all management employees of the City.
E. The City agrees to provide Employee the same benefits and allowances as paid and provided by the
City to other management employees as provided in the City's personnel policies,except as provided
modified by this Agreement.
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Section 8: Leave Benefits
The Employee shall accrue leave benefits pursuant to the Paid Time Off Policy,No. 19.0,of the
Management, Supervisory,and Confidential Employees Personnel Policies of the City of Tigard once benefit
eligible,with the following exceptions:
A. Paid Time Off shall accrue at a prorated rate based on FTE and five (5)years of service as of the date
of this agreement and shall continue to increase according to the accrual schedule in the Policy as it
currently exists or as it may be adjusted in the future.
B. The Employee shall be entitled to other leave not mentioned in this Agreement which is available to
all other management employees of the City as provided in City Personnel policies. Once Court is
open and the employee has moved to the 20+hours per week status (benefit eligible status),the
following leaves will be loaded:
a Holiday bank time 40 hours loaded each November 1 (pro-rated for start date)
b Sick time loaded 40 hours each January 1 (pro-rated for start date)
c COVID Sick(EOC-S) 20 hours loaded as soon as benefit eligible(time restricted for
medical quarantine and expires June 30,2021)
C. In the event the Employee's employment is terminated,either voluntarily or involuntarily,the
Employee shall be compensated for all earned and unused Paid Time Off.
Section 9: Retirement and Deferred Compensation
A. The City shall contribute 11%of salary to the City-provided ICMA retirement program on behalf of
the Employee,plan requires a six (6) month wait period following benefit eligibility).
B. The City shall match any Employee contributions to City-provided deferred compensation accounts
up to a maximum of 3%of the Employee's base salary,upon benefit eligibility.
Section 10: Professional Certifications,Bonding,and Professional Development
A. The Employee shall maintain all professional certifications necessary to perform the duties required
now or in the future. The City shall pay for all continuing education, training,or other requirements
of professional certification and shall allow the Employee sufficient paid time to complete these
requirements. Once certified,if the Employee fails to maintain any required professional
certifications at any time during the term of the Agreement,the Employee shall be given 90 days to
obtain certification.If the employee is not recertified,their employment shall be terminated without
any entitlement to severance payment payments provided in this Agreement.
B. The Employee shall maintain any and all requirements of their profession and shall conduct all
personal business in such a manner as to qualify to be bonded if required by the Employee's position.
City shall bear the full cost of any fidelity or other bonds required of the Employee under any law or
ordinance. If Employee fails to qualify to be bonded at any time during the term of this Agreement,
the Employee may be terminated for lack of qualification and without any entitlement to severance
payments provided in this Agreement.
C. The City encourages the professional growth and development of the Employee. The City shall
permit a reasonable amount of time for the Employee to attend professional meetings and seminars
and shall pay for associated expenses to the extent that the expenses are reasonable and necessary,as
determined by the City,subject to availability of funds and as approved in the City's annual budget.
Section 11: Use and Return of City Property
The Ci nmaY Provide certain personal property Yto the Employee (such as,but not limited to,cell phones,
computers,keys,etc.) for business use. All such property is and shall remain the property of the City. The
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Employee will preserve,use,and hold City property only for the benefit of the City and to carry out the City's
business. When the Employee's employment is terminated,the Employee will promptly deliver to the City all
City property in their possession or control in good working order.
Section 12: Outside Activities
The employment provided for by this Agreement shall be the Employee's primary employment. The
Employee shall not accept or engage in any outside employment,including consulting or teaching,without
the prior written approval of the City Manager to avoid potential or appearance of conflicts of interest and to
ensure Tigard is the primary focus of the Employee.
Section 13: Termination,Suspension,and Severance
A. Termination
For the purpose of this Agreement,termination shall occur when the City notifies the Employee that
their services are no longer required and the Employee is instructed to vacate the position. Such
notice may be given by the City at any time and for any reason.
B. Severance shall be paid to the Employee when employment is terminated as defined in this Section.
1. If the Employee is terminated,the City shall provide a severance payment equal to three
months'salary at the current rate of pay. This severance shall be paid in a lump sum unless
otherwise agreed to by the City and the Employee.
2. The Employee shall also be compensated for all earned and accrued vacation leave and other
entitlement benefits,consistent with City personnel policies and applicable law.
3. If the Employee is terminated because of a conviction of,plea of guilty to,or plea of nolo
contendere to a felony,misdemeanor,dishonesty,violation of City Personnel Policies,
malfeasance,or misfeasance then the City is not obligated to pay severance under this section.
Section 14: Resignation
Nothing in this Agreement shall prevent,limit or otherwise interfere with the right of the Employee to resign
at any time,subject only to the provisions set forth in this Agreement. In the event that the Employee
voluntarily resigns their position with the City,the Employee shall provide a minimum of 60 days'notice in
order to resign in good standing with the City,unless the parties agree otherwise. In the event of resignation,
no severance shall be paid by the City.
Section 15: Indemnification
To the full extent permitted by law,the Employer shall defend,save harmless and indemnify the Employee
against any tort,professional liability claim,administrative proceeding or action,or demand or other legal
action,whether groundless or otherwise,arising out of an alleged act or omission occurring within the course
and scope of the Employee's duties as Municipal Court Judge unless the act or omission involved gross
negligence or willful or wanton conduct under which circumstance the Employee shall be responsible for any
and all damages,costs and fees caused by the misconduct or negligence himself/herself. The Employee's
actions within the course and scope of their employment shall be indemnified by the City until the statute of
limitations has expired without regard to their continued employment with the City.
Legal representation,provided by the Employer for the Employee,shall extend until a final determination of
the legal action including any appeals brought by Employer or other party. Any settlement of any claim must
be made with prior approval of the Employer in order for indemnification,as provided in this Section,to be
available.
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The Employee recognizes that the Employer shall have the right to compromise or settle any claim,suit,
proceeding or action.
Section 16: Other Terms and Conditions of Employment
The City may fix such other terms and conditions of employment relating to the performance of the
Employee,as it may determine from time to time,provided such terms and conditions are not inconsistent
with or in conflict with the provisions of this Agreement,the City of Tigard Charter or any other law.
Section 17: Notices
Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal
Service,postage prepaid,addressed as follows:
(1) CITY: Nadine Robinson,Central Services Director
13125 SW Hall Blvd
Tigard,OR 97223
(2)
(3) EMPLOYEE: Emily Oberdorfer,Municipal Court judge
4080 N Williams Ave,Suite 200 Portland,
Oregon 97227
Alternatively,notice required pursuant to this Agreement may be personally delivered.
Section 18: General Provisions
A. Integration. This Agreement sets forth and establishes the entire understanding between the City
and the Employee relating to the employment of the Employee by the City. Any prior discussions
or representations by or between the parties are merged into and rendered null and void by this
Agreement. The parties by mutual written agreement may amend any provision of this Agreement
during the life of the Agreement. Such amendments shall be incorporated and made a part of this
Agreement.
B. Binding Effect. This Agreement shall be binding on the City and the Employee as well as their
heirs,assigns,executors,personal representatives and successors in interest.
C. Effective Date. This Agreement shall become effective March 29,2021.
D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the
validity of any other provision. In the event that any provision of this Agreement is held to be
invalid,the remaining provisions shall be deemed to be in full force and effect as if they have been
executed by both parties subsequent to the expungement or judicial modification of the invalid
provision.
E. Attorney's Fees. In the event suit or action is instituted to interpret or enforce the terms of this
agreement,the prevailing party shall be entitled to recover from the other party such sums as the
court may adjudge reasonable as attorney's fees and court costs prior to settlement,at trial,or upon
appeal of such suit or action.
F. Modification or Amendments. No amendment,change,or modification of this Agreement shall
be valid unless in writing and signed by the Mayor and City Council and the Employee.
G. Entire Agreement. This Agreement constitutes the entire agreement between the City and the
Employee,integrates all of the terms and conditions mentioned herein or incidental hereto,and
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supersedes all negotiations of previous agreements between the parties with respect to any or all of
the subject matter hereto.
H. Waiver. Failure of either party at any time to require performance of any provision of the
Agreement shall not limit the parties'rights to enforce the provision or provisions,nor shall any
waiver of any breach of any provision or provisions be a waiver of any succeeding breach of the
provision itself or any other provision.
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Steve Rymer,City anager Employee
3-16-21 13 - 2 I
Date Date
ANNIVERSARY DATE REvIEwAC%NOWLEDGEMENT
DATE CITY EMPLOYEE
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