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HomeMy WebLinkAbout2013-02-26 - Personnel-Risk Management Committee Meeting Agenda PacketYorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT PERSONNEL -RISK MANAGEMENT COMMITTEE MEETING Tuesday, February 26, 2013, 4:00 PM 1717 E Miraloma Ave, Placentia CA 1. CALL TO ORDER 2. ROLL CALL COMMITTEE Director Ric Collett, Chair Director Michael J. Beverage STAFF Gina Knight, HR and Risk Manager 3. PUBLIC COMMENTS Any individual wishing to address the committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 4. DISCUSSION ITEMS This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda may also include items for information only. 4.1. Status of Compensation Study for the Position of General Manager (Verbal Report) 4.2. Draft Employment Contract for the Position of General Manager (Verbal Report) 4.3. Title Signs for Management Staff Offices (Verbal Report) 4.4. Future Agenda Items and Staff Tasks 5. ADJOURNMENT 5.1. The next Personnel -Risk Management Committee meeting is scheduled to be held Tuesday, March 12, 2013 at 4:00 p.m. Items Distributed to the Committee Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non - exempt public records that relate to open session agenda items and are distributed to a majority of the Committee less than seventy -two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http: / /www.ylwd.com /. Accommodations for the Disabled Any person may make a request for a disability - related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714 - 701 -3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885 -0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability - related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. AGENDA REPORT Meeting Date: February 26, 2013 ITEM NO. 4.1 Subject: Status of Compensation Study for the Position of General Manager (Verbal Report) ATTACHMENTS: Description: Type: Backup Material Distributed Less Than 72 Hours Prior to GM salary survey without total comp .pdf Backup Material the Meeting General Manager - Salary Survey (as of February 1, 2013) Backup Material Distributed Less Than 72 Hours Prior to the Meeting ANNUAL COMPENSATION ANNUAL TIME OFF Name of GM/ BASE SALARY AUTO COLAY /N? BONUSES 401K/401A 457 YEARS ON VACATION MGMT OTHER ANNUAL RETIREMENT AGENCY ALLOWANCE AMT (YEARLY/ THE JOB DAYS LEAVE TIME OFF TOTAL PAID FORMULA QUARTERLY ?) DAYS TIME OFF Doug Headrick $233,508.00 $700 /mo Yes, 2% on No No Yes, voluntary 4 Years 20 days None None 20 days 3% at 60 SBVMWD 1 st $50K (appointed w /max of 10- 10 -06) $1 K/yr Paul Jones $253,208.00 $650 /mo Yes, 2.1 % Yearly Yes Yes, voluntary 1 Year 15 days None 12 days 27 days 2% at 55 EMWD (7- 27 -12) (appointed 7 -27- (sick leave) 12) Michael Markus $221,498.00 $700 /mo No No N/A Yes, voluntary 5 years, 2 mos 25 days* None 12 days 37 days Private Plan OCWD 457(b) (appointed 9 -07) ( assumed, (sick leave) based on max tenure) Jim Ruth $225,000.00 $0 No No No Yes, voluntary 7 Years 25 days None 10 days 35 days N/A (not a OCSD (appointed 2005) (sick leave) member) Tom Love $225,732.00 $600 /mo Yes, 3% At the discretion N/A Yes, voluntary 2 Years 22 days 6 days 12 days 40 days 2.5% at 55 IEUA (recently (6 -28 -2009) of Board - (appointed 6 -10) (sick leave) termed) John Rossi $268,403.00 N/A Yes 2% N/A Yes, at District's Yes, voluntary 8 Years, 5 mos 35 days 10 days N/A 45 days 2.5% at 55 WMWD contribution of (appointed 7 -04) 2 %of salary Celeste Cantu $223,764.00 $1,000 /mo Yes - 2% N/A Yes, at Agency's Yes, voluntary 5 Years, 11 mos 13 days 5 days 12 days 30 days 2% at 55 SAWPA (7 -1 -12) contribution of (appointed 12- (sick time) 2% of salary in a 06) 401 A Marty Zvirbulis $230,000.00 N/A - District No No Yes, at District's Yes, voluntary 2 Years 25 days 5 days 13 days 43 days 2.5% at 55-1.2c/'c CVWD Vehicle contribution of (appointed 1 -11) (sick leave) PARS 22% of salary (appx $50,600/yr) 401(a) Anthony Araiza $180,356.00 N/A - District No No No Yes, voluntary 16 years as GM 25 days 9 days N/A 34 days 2% at 55 + WVWD Vehicle social security Stacey Aldstat $203,556.00 N/A - Agency No No No Yes, 50% 7 years, 7 15 days 10 12 days 37 days 2.7% at 55 City of San Vehicle match up to months (sick leave) Bernadino Water $50 /pay (appointed 07- period 05) Backup Material Distributed Less Than 72 Hours Prior to the Meeting http: //ylwd/Emp_Direct $219,835.00 $600 /mo No No No Yes, voluntary 11 years 21 days 5 days 10 days 36 days 2.7% at 55 ory/Directory.aspx (sick leave) John Mura $195,000.00 $800 /mo No No No Yes, at 1 Year 30 days 10 days 13.13 days 53.13 days 2.7% at 55 EVWD Districts (appointed (sick leave) contribution of 1/9/12) $2,500/yr Total Average $223,321.67 Revised: 02 -01 -2013 * = Based on 8 -hour work day ** = Numbers Rounded Off Backup Material Distributed Less Than 72 Hours Prior to the Meeting AGENDA REPORT Meeting Date: February 26, 2013 ITEM NO. 4.2 Subject: Draft Employment Contract for the Position of General Manager (Verbal Report) ATTACHMENTS: Description: Type: Backup Material Distributed Less Than 72 Hours Prior to DOCSLA- #633989 -v2- General Manager Agreement.pdf Backup Material the Meeting Yorba Linda Water District EMPLOYMENT AGREEMENT FOR POSITION OF GENERAL MANAGER This Employment Agreement ( "Agreement ") is entered into by and between the Yorba Linda Water District ( "District "), a county water district created and operated pursuant to Water Code Section 30000 et seq., acting by and through its Board of Directors ( "Board "), and ( "Employee "), and individual, (collectively "Parties ") on )2012. RECITALS WHEREAS, the District is responsible for the construction, operation, and maintenance of a potable water delivery system which provides service to residential, municipal, commercial, industrial, and agricultural customers located within its sphere of influence, as well as a sewerage collection system which serves residential, municipal, commercial, and industrial customers located within its sphere of influence; and WHEREAS, the District desires to retain the services of Employee as General Manager of the District by way of this Agreement and subject to the terms and conditions set forth herein; and WHEREAS, Employee desires to accept employment as General Manger of the District by way of this Agreement and subject to the terms and conditions set forth herein, and Employee is qualified to perform such duties; and WHEREAS, the District and Employee desire to formalize the employment of Employee as General Manger of the District by way of this Agreement and subj ect to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants, conditions, terms and representations contained herein, and for other good and valuable consideration, the adequacy of which are hereby acknowledged, the Parties agree as follows: 633989.2 Y0030 -001 Backup Material Distributed Less Than 72 Hours Prior to the Meeting 1. Term of Employment. [OPTION 1: use if no specific term] This Agreement shall become effective upon the first day of the Employee's employment as General Manager [OPTION or actual start date] and shall continue until terminated as provided for in this Agreement. [OPTION 2: use if want 1 or other year term] The term of this Agreement is for years, commencing , 2012, and ending years later, unless extended during the term of this Agreement by separate action of the Parties or terminated before the expiration of the term in accordance with the provisions of this Agreement. 2. Duties and Obligations of Employee. Employee agrees to and shall faithfully discharge the duties of General Manager and devote his /her full -time attention and energies to the performance of these duties to the satisfaction of the Board. Employee's duties as General Manger include, but are not limited to: a. Overseeing the administration, operation, and construction activities of the District, b. Those set forth in the California Water Code Sections 30580 and 30581, C. Fulfilling the duties set forth in and adhering to the District's most recently adopted Rules and Regulations for Water and Sewer Service, d. Fulfilling the duties set forth in and adhering to the most recently adopted Rules and Regulations, Policies, Resolutions, and Ordinances of the Board, e. The specific duties set forth in the District's General Manager job description, as amended from time to time, and f. Other duties, responsibilities, and services as directed by the Board. 3. Employee Compensation. Employee shall receive an annual base salary of dollars ($ ), payable in twenty -six equal biweekly installments, for performance of his /her services as General Manager. The annual base salary may be adjusted at the sole discretion of the Board. Any such increase in salary shall not be construed as altering or amending any provision of this Agreement, except the Employee's compensation amount or unless specifically agreed to in writing between the District and Employee. Any increase is not effective until the Parties draft and sign an amendment to this Agreement that states the new annual base salary and the effective date of that new salary and such amendment is adopted by the Board at a duly noticed public meeting. 633989.2 Y0030 -001 Backup Material Distributed Less Than 72 Hours Prior to the Meeting 4. Employee Benefits. The District agreed to provide Employee the following benefits for performance of his /her services as General Manager: a. Health Benefits. The District agrees to pay Employee's health benefits as set forth in this section. All health benefits under this section will cease upon the termination or expiration of this Agreement. i. Medical Insurance. The District agrees to pay Employee % of the premium for hospital and medical and up to % the additional premium toward Employee's dependent coverage insurance after he /she has worked for two (2) calendar months in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. Employee shall pay the cost of the difference in premium, to be deducted from his /her salary to cover his /her share of the total coverage. Employee shall have the option of selecting a District- designated Health Maintenance Organization ( "HMO "). The District contribution for HMO coverage will be in accordance with this plan. ii. Dental Insurance. The District agrees to pay Employee % of the premium for dental insurance and up to % the additional premium toward Employee's dependent coverage insurance after he /she has worked for two (2) calendar months in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. Employee shall pay the cost of the difference in premium, to be deducted from his /her salary to cover his /her share of the total coverage. Employee shall have the option of selecting "Delta Care" with contribution for "Delta Care" to be in accordance with this plan. iii. Vision Insurance. The District agrees to pay Employee % of the premium for vision insurance and up to % the additional premium toward Employee's dependent coverage insurance starting the first day of the month following her /his date of hire in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. Employee shall pay the cost of the difference in premium, to be deducted from his /her salary to cover his /her share of the dependent coverage. b. Retirement Benefits. The District is a member of the California Public Employees' Retirement System (PERS). The District shall follow all retirement requirements as mandated by the California Public Employees' Pension Reform Act of 2013. If Employee maintains PERS reciprocity he /she shall be subject to the retirement plan available to District employees on or before December 31, 2012. If Employee is a new employee or new member as defined by Government Code section 7522.04, subdivisions (e) and (f), the District shall provide Employee the Local Miscellaneous 2% at 62 retirement plan with a full benefit of 2.5% at 67 and a minimum retirement age of 52. C. Life Insurance. The District will provide Employee group life insurance in the amount of on the first day of the month following his /her date 633989.2 Y0030 -001 Backup Material Distributed Less Than 72 Hours Prior to the Meeting of hire in accordance with the provisions of any contract between the District and any company or companies of the District's choosing. Employee may increase the coverage to an amount not to exceed hundred thousand dollars ($ ,000.00) by authorizing the additional premium to be deducted from his /her salary. d. Long Term Disability. The District will provide Employee a long -term disability plan which has a 90 -day elimination period and proves at least % of salary for a designated period of time in accordance with coverage procured by the District from a carrier to be determined at the District's sole discretion. e. Short Term Disability. The District will provide Employee a short-term disability plan which has a -day elimination period and proves at least % of salary for a designated period of time in accordance with coverage procured by the District from a carrier to be determined at the District's sole discretion. f. Deferred Compensation. Effective July 1, 2012, the District will match dollar for dollar not to exceed 2% salary earned per payroll period of Employee's salary or Employee's actual amount of deferred compensation per payroll period, whichever amount is less. g. Vacation Leave. Employee shall accrue a total of vacation days during each year of this Agreement. Employee shall accrue vacation commencing with the start of employment but shall be ineligible to use accrued vacation time prior to the successful completion of six (6) months of service. The maximum accrued vacation balance Employee can accrue shall be limited to total days of vacation. If Employee accrues total days of vacation he /she will cease accruing any further vacation leave until the vacation balance is reduced to less than the maximum limit. Deductions of the vacation balance shall be by means of use of accrued unused vacation hours or the sale of up to forty (40) hours of accrued unused vacation time upon thirty (30) days prior notice if Employee takes a minimum of one -half (1/2) the vacation time to which Employee is entitled within the same annual period of the sold vacation time. h. Holidays. Employee is entitled to holiday compensation for each holiday as set forth in the District's annual Holiday Schedule in an amount equal to the number of hours Employee normally would have worked other than for the holiday. Employee is only eligible for holiday compensation if he /she is at work or on paid leave of absence on the regularly scheduled workday immediately preceding the day observed as the holiday and the regularly scheduled workday immediately following the day observed as the holiday. i. Sick Leave. Employee shall accrue and be entitled to use sick leave on the same basis as all other management employees of the District. Employee acknowledges and understands that accrued but unused sick leave will not be paid out upon the termination or expiration of this Agreement. 633989.2 Y0030 -001 Backup Material Distributed Less Than 72 Hours Prior to the Meeting j. Administrative Leave. Employee shall accrue a total of hours of administrative leave with pay during each year of this Agreement. Unused administrative leave time at the end of each fiscal year, June 30, will be paid during the following month of July at Employee's then hourly rate. Administrative leave time does not carry -over to the next fiscal year. Employee acknowledges and understands that accrued but unused administrative leave will not be paid out upon the termination or expiration of this Agreement. k. Automobile Reimbursement. [3 OPTIONS] [OPTION 1: Employee uses own car] k. Automobile Reimbursement. Employee is expected to use his /her own vehicle in the performance of his /her services as General Manager, including being available twenty -four (24) hours per day when practical to respond to emergency situations for the District. Employee shall be paid five hundred and fifty dollars ($550.00) per month, payable in monthly installments, as reimbursement for automobile expenses. The monthly reimbursement may be adjusted at the sole discretion of the Board. [OPTION 2: Employee uses District car] k. Use of District Automobile. The District will provide Employee the use of a District -owned vehicle for the performance of his /her services as General Manger, including the daily commute to and from the District. The District - provided vehicle shall not be utilized for predominately personal purposes. Nominal and incidental personal use however shall be permitted, i.e. for purpose of personal errands while going to and from the workplace. [OPTION 3: Employee can choose to use own car or District car] k. Automobile Reimbursement. Employee is expected to use his /her own vehicle in the performance of his /her services as General Manager, including being available twenty -four (24) hours per day when practical to respond to emergency situations for the District. Employee shall be paid five hundred and fifty dollars ($550.00) per month, payable in monthly installments, as reimbursement for automobile expenses. The monthly reimbursement may be adjusted at the sole discretion of the Board. Alternatively, Employee may choose to use a District -owned vehicle for the performance of his /her services as General Manger, including the daily commute to and from the District. The District - provided vehicle shall not be utilized for predominately personal purposes. Nominal and incidental personal use however shall be permitted, i.e. for purpose of personal errands while going to and from the workplace. No monthly automobile reimbursement will be paid by the District if the Employee chooses to use a District -owned vehicle. 1. Professional Growth. The District agrees to pay the following expenses on behalf of the Employee subject to the Board's discretion and approval: 633989.2 Y0030 -001 Backup Material Distributed Less Than 72 Hours Prior to the Meeting i. Professional and Civil Affiliations and Professional Development. The District agrees to pay for professional dues and subscriptions on behalf of Employee which are reasonably necessary as determined by the Board for Employee's continuation and full participation in national, regional, state or local associations and organizations necessary and desirable for Employee's continued professional participation, growth, advancement, or for the good of the District. The maximum total annual amount to be reimbursed by the District to Employee under this section is dollars ($�, unless additional reimbursements are approved by the Board. ii. Professional Development. The District agrees to pay the travel and subsistence expenses of Employee for official travel, meetings, and events reasonably necessary to continue the professional development of the Employee as General Manager of the District and reasonably necessary to fulfill official and other functions for the District, as determined to be reasonable and necessary by the Board. These meetings and events may include, but are not limited to, the annual and semi- annual conferences of the Association of California Water Agencies, the American Water Works Association, the American Society of Civil Engineers, and other national, regional, state and local conferences of governmental groups and committees in which Employee may participate from time to time. The maximum total annual amount to be reimbursed by the District to Employee under this section is dollars ($�, unless additional reimbursements are approved by the Board. iii. Continued Education. The District agrees to reimburse Employee for all costs associated with continuation education credits, courses, and the pursuit of an advanced degree, if and when such costs are approved in advance and deemed necessary by the Board. The maximum total annual amount to be reimbursed by the District to Employee under this section is dollars ($), unless additional reimbursements are approved by the Board. 5. Taxes. Employee shall be responsible for any and all federal, state, local or other taxes resulting from any compensation or benefits provided to him by the District. District shall withhold from any compensation or benefits provided under this Agreement all federal, state, local or other taxes as may be required pursuant to law or governmental regulation or ruling. 6. Expenses. Employee shall be entitled to reimbursement for transportation, business and travel expenses incurred in the performance of his /her duties as General Manager, including but not limited to those detailed in section 4(1) of this Agreement, subject to the Board's discretion and approval. Employee shall submit to the District an itemized account of all such expenditures, setting forth the date, the purpose for which each expenditure was incurred, and the amounts thereof, together with such receipts showing the payments. The District shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance. 7. Performance Evaluation. The Board and Employee may develop annual goals, objectives, and performance standards for Employee for the benefit of the District and in 633989.2 YO030 -001 Backup Material Distributed Less Than 72 Hours Prior to the Meeting attainment of the Board's policy objectives, and may further establish a priority among those goals, objectives, and performance standards to be reduced in writing. Additionally the Board may periodically establish goals and objectives regarding the Employee's performance of the duties of General Manager. The Board may at its sole discretion review and evaluate the Employee's performance on an annual or other basis. 8. Termination of Agreement. The District employs Employee to serve as its General Manager, at the pleasure of the Board, upon the terms and conditions set forth in this Agreement. [TERM OPTION: If a Term is desired, please include "Notwithstanding the year term of this Agreement "] Employee shall be an "at- will" employee of the District and will not be afforded any termination or discipline - related access to due process, appeal, or grievance procedure. Employee's employment may be terminated with or without cause, at any time, with or without notice, by the Board or the Employee. In the event the Employee is terminated by the Board [TERM OPTION: If a Term is desired, please include "before the expiration of the term of employment and "] during such time that Employee is willing and able to perform the duties of the General Manager position, the District agrees to make a lump severance payment to Employee [OPTION 1: If a Term is desired, state: "equal to the lesser of (1) three [TERM OPTION: more or less months] months of the Employee's monthly salary at the time of termination or (2) Employee's monthly salary at the time of termination multipled by the number of months left on the unexpired term of Agreement. "] [OPTION 2: If no Term is desired, state: equal to three [TERM OPTION: more or less months] months of the Employee's monthly salary at the time of termination. "] This severance payment shall be made within fifteen (15) days of the effective date of the termination. Pursuant to California Government Code Section 53260, in no event shall the lump sum severance payment provided herein exceed the monthly salary of Employee multiplied by eighteen (18). The lump sum severance payment is in addition to any accrued and unused vacation to which Employee is entitled. All sums paid herein are subject to applicable withholding taxes. Pursuant to California Government Code Section 53243.2, any lump severance payment paid to Employee under this section shall be fully reimbursed by Employee to the District if Employee is convicted of a crime involving an abuse of his /her office or position as set forth in California Government Code Section 53243.4. Employee and the District recognize that the District prefers Employee provide it at least a ninety (90) day advance notice before Employee voluntarily resigns from the General Manager. While such courtesy is desired, it is not required as the employment relationship created in this Agreement is "at- will." In the instance of voluntary resignation, Employee understands and acknowledges that he /she will not be eligible to receive any severance pay. In that instance Employee will only receive his /her accrued but unused holiday and vacation leave, if any. Employee understands and acknowledges that all health and other benefits set forth in this Agreement shall cease on the day of termination of this Agreement by either Party or expiration of this Agreement. 633989.2 Y0030 -001 Backup Material Distributed Less Than 72 Hours Prior to the Meeting 9. Confidential Information. Employee acknowledges and stipulates that in the performance of his /her duties, the District discloses and entrusts him /her with certain confidential or proprietary information. Employee agrees not to directly or indirectly disclose or use at any time any such information, whether it be in the forms of records, lists, data, personnel information, drawings, reports, or otherwise, of a business or technical nature, which was acquired or viewed by Employee during Employee's relationship with the District unless such disclosure is authorized by the District in writing, required by law, or required in the performance of the duties of the General Manager. This provision shall survive the termination or expiration of this Agreement. 10. Notice. Any notices required hereunder shall be in writing and shall be given by personal delivery or overnight courier service to the Parry to whom it is to be given at the address set forth below, or at such other address as each Parry hereto may direct by notice given in accordance with the terms and conditions of this section. All notices shall be deemed effective upon personal delivery or upon three (3) business days following deposit with any overnight courier service in accordance with this section: For Yorba Linda Water District: President of the Board of Directors Yorba Linda Water District P.O. Box 309 Yorba Linda, CA 92885 -0309 Any notice required to be given to the Employee under this Agreement shall be addressed to him /her at his /her last known address as reflected in the District's personnel records. Any Parry may change its address for the purpose of this section by giving written notice of such change to the other Party in the manner herein provided. 11. General Provisions. a. Governing Law & Severability. This Agreement shall be governed by the laws of the State of California. If any clause, sentence, section or other provision of this Agreement is, for whatever reason, deemed void, unlawful or otherwise unenforceable, then such shall be severed herefrom and the balance of this Agreement construed as if the severed language was not a part hereof. b. Modification, Amendment, Waiver. No modification or amendment of any provision of this Agreement shall be effective unless approved in writing and signed by both Parties. The failure of a Parry to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either parry thereafter to enforce each and every provision hereof in accordance with its terms. C. Assignment. Neither the Agreement nor any of the rights or obligations created herein shall be assignable by Employee without the written approval of the District. 633989.2 Y0030 -001 Backup Material Distributed Less Than 72 Hours Prior to the Meeting d. Counterparts. This Agreement may be executed in any one or more counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. The transmission of an executed signature page by any Party may also be accomplished via facsimile or via electronic transmission, and such copies of such documents may be treated as if they were originals. e. Section Headings. The section headings used herein are not a substantive part of this Agreement and are included solely for convenience and have no bearing upon and do not in any way limit the application of the terms and conditions of this Agreement. f. Incorporation. The Recitals are true and correct and are incorporated herein by this reference. g. Entire Agreement. This Agreement represents the entire and integrated contract between the District and Employee and supersedes all prior understandings, negotiations, representations, or agreements. h. Voluntary Agreement. Employee represents and warrants that he /she has read carefully and fully understands all the provisions of this Agreement, that he /she is free to enter into this Agreement and to render the services described in it, that he /she entering into and performance of this Agreement will not breach or violate or conflict with any other agreement (written or oral) to which he /she is a parry, and that he /she have had an opportunity to consult with his /her legal counsel prior to entering into this Agreement and have either done so or voluntarily chosen not to do so. Employee is voluntarily entering into this Agreement. The District represents and warrants that it has the right and power to enter into this Agreement. IN WITNESS WHEREOF, the Parties have entered into this Employment Agreement for the Position of General Manager as of the date first written above. YORBA LINDA WATER DISTRICT Gary T. Melton Board President NAME OF EMPLOYEE 633989.2 Y0030 -001 NAME OF EMPLOYEE Backup Material Distributed Less Than 72 Hours Prior to the Meeting