Meetings
 


City of Helena, Montana
 
January 30, 2020
To: Helena City Commission
From: Jordan Y. Crosby, Outside Counsel
Subject: Consider a Mutual Agreement to Terminate Employment Agreement and Release attendant to City Manager Cortez
Present Situation: On or about December 4, 2018, the City and Ana Cortez entered an employment agreement entitled “CITY OF HELENA CITY MANAGER EMPLOYMENT AGREEMENT” (hereafter “employment agreement”). The employment agreement called for Cortez to be employed as the City Manager, commencing on January 23, 2019, and terminating on December 31, 2020, subject to renewal for two (2) additional years. Recently, Ms. Cortez was placed on paid administrative leave pending investigation into a complaint against her. Complex relations lead to the discussion between counsel for the City and Ms. Cortez for an agreement to end the parties’ relationship in a mutual fashion. The employment agreement allows for the employment relationship to be terminated prior to the expiration specified therein for a number of reasons, including that it could be terminated by mutual agreement of Ms. Cortez and the City, in writing, and upon such terms and conditions as they may agree upon.
Background Information: Approve the Mutual Agreement to Terminate Employment Agreement and Release.
Proposal/Objective: Approve the Mutual Agreement to Terminate Employment Agreement and Release.
Advantage:

The above action allows all parties to end the employment relationship in a joint manner without further matters distracting from the continued operations, development and growth of the City. This proposal allows both parties to resolve their employment arrangements, and allows for a mutually agreeable finality and certainty, resolving all relationships and continuing obligations between the parties with a full release of any and all claims whether asserted or unasserted relating in any way to and arising out of the employment relationship.

 

The proposed agreement includes a lump sum payment to Ms. Cortez of $163,887.51 subject to all standard and required deductions, taxes and withholdings.
Notable Energy Impact: N/A
Disadvantage: N/A
Notice of Public Hearing: N/A
Staff Recommendation:
 
ATTACHMENTS:
Mutual Agreement City of Helena - Cortez