03-G-3-b City Attorney AgmtDRAFT
F:~Attorney~ALICEhO. ESWORK\CURRENT\City Attorney Contract Res.wpd
February 6, 2003
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING A PROFESSIONAL SERVICES
AGREEMENT AND ACCOMPANYING EVALUATION INSTRUMENT
DEVELOPED BY A SPECIAL CITY COUNCIL SUBCOMMITTEE FOR
THE CITY ATTORNEY AND AUTHORIZING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO SAID PROFESSIONAL
SERVICES AGREEMENT AND ACCOMPANYING EVALUATION
INSTRUMENT WITH THE CITY ATTORNEY OF THE CITY OF PARIS;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Paris, Texas, has previously appointed a
City Council subcommittee to develop an evaluation instrument for use in evaluating those employees
of the City subject to appointment by the City Council; and,
WHEREAS, the City Council subcommittee has developed an evaluation instrument for such
employees, intended to be used in conjunction with a professional services agreement also developed
by said Council subcommittee for such employees; and,
WHEREAS, the City Attorney is one of those employees of the City subject to appointment
by the City Council; and,
WHEREAS, the City Council desires to approve and implement the professional services
agreement and evaluation instrument developed by the Council subcommittee for the City Attorney;
and,
WHEREAS, the City Council and the City Attorney believe that employment agreements
with accompanying evaluation instruments negotiated between City Councils and City Attorneys can
be mutually beneficial to the City organization, the City Attorney, and the community they serve; and,
WHEREAS, when appropriately structured, the City Council and City Attorney believe
employment agreements can strengthen the Council-Attorney relationship by enhancing the excellence
and continuity of the legal representation of the City for the benefit of its citizens; and,
WHEREAS, the City Council desires to continue to employ the services of Larry W. Schenk
as the City Attorney of the City of Paris; and,
WHEREAS, it is the desire of the Council to provide compensation and benefits, establish
conditions of employment for, and set the working conditions of the City Attorney as provided in a
professional services agreement; and,
WHEREAS, the City Council finds and determines that entering into such an agreement
would provide inducements for the City Attorney to continue and remain in employment as City
Attorney of the City, would encourage full work productivity by assuring the City Attorney's morale
and peace of mind with respect to future security, and would provide a proper means for termination,
resignation, or retirement of the City Attorney; and,
WHEREAS, except as otherwise specifically provided herein, the City Attorney shall have
and be eligible for the same benefits as are provided to all non-civil service employees of the City;
and,
WHEREAS, the City Attorney has agreed to continue employment as the City Attorney of
the City, subject to and on the terms, conditions, and provisions agreed to and set forth in said
agreement; and,
WHEREAS, the City Council desires to approve the aforesaid Professional Services
Agreement with accompanying evaluation instrument with the City Attorney of the City of Paris;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. That the Mayor is hereby authorized to execute and the City Clerk to attest to a
Professional Services and Employment Agreement and accompanying evaluation instrument by and
between the City of Paris and Larry W. Schenk as City Attorney, a copy of which said agreement and
accompanying evaluation instrument is attached hereto and for all purposes incorporated herein as
Exhibit A.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 10th day of February, 2003.
Michael J. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Bettye Lynn, Special Counsel
CONTRACT NOT
INCLUDED IN PACKET
WILL BE DELIVERED BY
OR BEFORE START OF
MEETING
Executive Being Evaluated:
Evaluator:
Evaluation Date:
City Attorney Larry W. Schenk
INSTRUCTIONS FOR EVALUATION OF EXECUTIVES
BY CITY OF PARIS CITY COUNCIL
Use the following guidelines to evaluate employee's performance for each specific
responsibility or criteria listed on the Executive Evaluation Sheet:
Exceeds Requirements: Performance is well above the normal standards for this
position. Score with a numerical score of 4.
Satisfactorily Meets Requirements: Employee consistently demonstrates competent
performance in the specific job responsibility or criteria. Score with a numerical score of
3.
Requires Improvement: Performance periodically or regularly falls short of normal
standards. The evaluation indicates the evaluator's belief the employee can and will make
necessary improvements in this performance category. Score with a numerical score of
2.
Unsatisfactory: Performance is clearly inadequate. Employee has demonstrated an
inability or unwillingness to improve or to meet standard performance levels. Score with
a numerical score of 1.
Evaluation forms should be completed by each individual Council Person, following careful
individual consideration, and before the formal evaluation meeting, without collaboration
with other Council Persons in any way.
After the Executive Evaluation Sheet is completed by each Council Person the
Performance Evaluation Overview must be completed to determine the composite average
in each performance category and the overall Average Composite Evaluation Rating.
EXHIBIT A to City Attorney's
Professional Services Agreement
Page 1 of 3
CITY OF PARIS CITY COUNCIL
EXECUTIVE EVALUATION SHEET
Executive Being Evaluated City Attorney Larry W. Schenk
Evaluator
Date of Evaluation
PERFORMANCE CATEGORY
Score (1 to 4)
(1)
JOB KNOWLEDGE ... technical knowledge of the issues
facing local government.
(2)
COMMUNICATION SKILLS ... ability to communicate
effectively (speaking and writing skills).
(3)
EQUITY AND FAIRNESS ... concern for fair treatment of
citizens, employees, and others.
(4)
INTERPERSONAL SKILLS ... use of tact and consideration,
listens to others, exercises patience.
(5)
CONFLICT RESOLUTION ... ability to avoid and/or resolve
disputes, ability to be assertive when necessary.
(6)
WORK HABITS ... job dedication and motivation, ability to
work effectively under pressure.
(7)
PLANNING SKILLS ... ability to anticipate and meet future
problems and needs.
(8)
SUPERVISORY SKILLS AND LEADERSHIP ... ability to
effectively assign duties and meet deadlines, ability to hold
subordinates accountable.
(9)
COUNCIL REQUESTS ... effectiveness in responding to
official requests of the City Council as a body, respect for the
views of the Council as a body.
(10) TOTAL BUDGET MANAGEMENT ... preparation and adherence
TOTAL SCORE
AVERAGE SCORE PER CATEGORY (Total Score)
10
EXHIBIT A to City Attorney's
Professional Services Agreement
Page 2 of 3
PERFORMANCE EVALUATION OVERVIEW
Employee Name Larry W. Schenk Title: City Attorney
Performance Council Scoring by Council Person Total Average
Category (Initials for each Council Person) Points Points
per
Category
(1) Job Knowledge
(2) Communication
Skills
(3) Equity and
Fairness
(4) Interpersonal
Skills
(5) Conflict
Resolution
(6) Work Habits
(7) Planning Skills
(8) Supervisory
Skills &
Leadership
(9) Council Requests
(10) Total Budget
Management
AGGREGATE TOTAL POINTS (Add total points for categories (1) through (10))
AVERAGE COMPOSITE EVALUATION RATING (A~re~ate Total Points)
(10 categories X 7 evaluators)
The Average Composite Evaluation Rating should be interpreted as follows:
· A rating below 1.5 is unsatisfactory.
· A rating between 1.5 and 2.4 shows a need for improvement.
· A rating between 2.5 and 3.4 is satisfactory
· Any rating above 3.0 is more than satisfactory.
· A rating above 3.5 exceeds requirements.
EXHIBIT A to City Attorney's
Professional Services Agreement
Page 3 of 3