010-21 - Ordinance - Amending Ord. 017-19 for an Amendment to the Employment Agreement with Matt Brown Police ChiefORDINANCE NO. 010-21
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING ORDINANCE NO.017-19 AND AUTHORIZING AN AMENDMENT
TO THE EMPLOYMENT AGREEMENT WITH MATTHEW BROWN, POLICE
CHIEF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, by Ordinance No. 017-19, the City Council authorized the Mayor to execute
Contract No. 038-19, an employment agreement with Matthew Brown to serve as City of Port
Orchard Chief of Police ("Agreement"); and
WHEREAS, the parties to that Agreement desire to amend the Agreement to modify the
leave accrual rates so that they match those afforded to all FLSA-exempt City employees; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Amendment. Exhibit A to Ordinance No. 017-19, Contract No. 038-19, is hereby
amended in part as set out in Amendment No. 1, which is Exhibit 1 hereto and adopted herein by
this reference.
SECTION 2. If any section, sentence, clause or phrase of this ordinance should be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION 3. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 23rd day of February 2021.
Robert Putaansuu, Mayor
ATTEST:
Bra dy inearson, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED: February 26, 2021
EFFECTIVE DATE; March 3, 2021
Ordinance No. 010-21
Sponsor
Jahn Clauson, Councilmember
Page 2 of 4
Exhibit 1
CITY OF PORT ORCHARD
EMPLOYMENT AGREEMENT WITH MATTHEW BROWN
AMENDMENT No. 1 to CONTRACT No. 038-19
This First Amendment to Contract No. 038-19 is made effective�?3day of February 2021,
by and between the City of Port Orchard, a Washington municipal corporation ("City") and
Matthew H. Brown ("Brown").
WHEREAS, the parties hereto have entered into Contract No. 038-19 to employ Brown
as the Chief of Police, and desire to update the terms of the agreement for consistency of
employment terms with other similarly situated employees of the City;
NOW, THEREFORE, in consideration of the terms and provisions hereof, the parties
agree as follows:
1. Section 2, paragraph A is amended to read as follows:
A. The City agrees to employ Brown to perform the duties and functions of
Chief of Police as specified in the Port Orchard job description (attached hereto as Exhibit
A, as may be amended from time to time pursuant to City of Port Orchard Ordinance No.
008-20, and incorporated herein by this reference) for Chief of Police, and to perform
such other proper and permissible duties as the City shall from time to time designate.
The term of this Agreement shall be from May 28, 2019 through May 27, 2023. This
Agreement shall be automatically renewed for a single one-year term beginning May 28,
2023, unless at least two (2) months prior to the end of the initial period, the City advises
Brown in writing of its intent not to renew.
2. Section 4 is amended to read as follows:
Salary and Benefits. The City agrees to pay Brown, for his services rendered pursuant
hereto, according to the adopted city Salary Schedule for Police Chief, starting at the "First
6 months" step amount (subject to applicable withholdings). For each year of this
Agreement, Brown shall be paid in accordance with the Salary Schedule established for
that year by action of the City Council, consistent with all other FLSA Exempt employees
of the City. Brown shall not be eligible for longevity pay. Brown shall receive the same
cost -of -living adjustments (if any) received by other directors in the City.
3. Section 9 is amended to read as follows:
Sick heave and Vacation Accrual.
A. Vacation: Brown will receive and be required to use vacation leave
under the same terms and conditions of all other FLSA Exempt employees of the City,
as outlined in the City's Personnel Policies, as may be amended from time to time.
Amendment No. 1 to Contract 038-19
Page 2
B. Sick Leave: Brown will receive and be required to use sick leave under
the same terms and conditions of all other FLSA Exempt employees of the City as
outlined in the City's Personnel Policies, as may be amended from time to time.
4. Section 10 is amended to read as follows:
Holidays, Brown will receive pay for holidays under the same terms and conditions of
all other FLSA Exempt employees of the City as outlined in the City's Personnel Policies,
as may be amended from time to time. Holiday time accrued but not used under the prior
contract, must be used by December 31, 2021, or be forfeited.
5. Section 11 is amended to read as follows:
Insurance Benefits. Brown will receive the same insurance benefits afforded to all other
FLSA Exempt employees of the City and contribute to the cost of insurance premiums,
including medical, dental and vision, as outlined in the City's Personnel Policies,
resolutions, or Ordinances, as may be amended from time to time. Brown shall be the
named insured and shall be responsible for designating the policy beneficiary(ies).
In all other respects, the Agreement between the parties shall remain in full force and effect,
amended as set forth herein, but only as set forth herein.
IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set
forth below.
CITY OF PORT ORCHARD,
WASHINGTON
Robert Putaansuu, Mayor
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ATTEST:
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ndy R rsnn, MC, City Clerk�''�faFINASH�N�'t■`
EMPLOYEE:
Matthe 1-I. ❑wn
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