DIONNE MACK’S CONTRACT TERMS

Motion is made, seconded and carried that the Mayor is authorized to execute the Employment Agreement between the City of El Paso and City Manager, Dionne Mack in the form approved by the City Manager and the City Attorney or their designees, with the following terms:

1. The City Manager’s employment shall commence on September 3, 2024 with a base salary of $350,000. Beginning in September 2025, The City Manager is entitled to the same increases in pay that other employees receive, which shall include service time increases. The City Manager’s base salary shall not be decreased unless the parties mutually agree to such a decrease. The City Manager’s base salary is not subject to any cap; and
2. The term of the City Manager’s employment shall be for three and half years, from September 3, 2024 through March 2, 2028, unless terminated earlier by one of the parties in accordance with the terms of the Agreement. If either party does not desire to extend the Agreement, the party who does not desire to extend the Agreement must provide written notice to the other party six (6) months in advance of the expiration, on or before September 2, 2027. If neither party has provided such notice, the Agreement will automatically extend for one additional year through March 2, 2029; and
3. The City Manager shall receive a written performance evaluation from the City Council annually by August 31 of each year, which shall incorporate input from the Mayor and all Council Members. By February 28, 2025, the parties shall work together to develop goals for Fiscal Year 2025 and approve a form evaluation for the City Manager’s annual performance evaluation. The City Manager shall not receive an increase in base salary based on the performance evaluation; and
4. The City Manager shall receive the same insurance and health benefits that are available to all executive, non-union or non-uniform employees including but not limited to vision, life insurance, health, dental and HSA contributions; and
5. The City Manager shall accrue vacation and sick leave in accordance with City policies and as provided in the Agreement, and shall retain all accrued vacation and sick leave to date: (A) Holidays as provided to all employees; (B) Accrual of up 6 months of vacation; (C) accrual of unlimited sick leave; and
6. At separation from employment, whether initiated by the City Manager, or the City (with or without cause), or if the Agreement is not extended, the City Manager shall be eligible to receive up to 6 months of paid, accrued vacation and up to 6 months of paid accrued, sick leave. The sick leave may be used for pension purposes as time served instead of paid, at City Manager’s election. Additionally, any accrued sick leave exceeding 6 months, may be used by the City Manager for pension purposes as time served; and
7. The City Manager shall receive a vehicle allowance the greater of the amount included in the job posting of $500 per month, or the amount allowed per City Policy for executives once such policy is adopted; and
8. The City shall contribute 10% of the City Manager’s base salary on her behalf to her 401(a) account beginning in January 2025, and shall contribute one-third of such amount to her 401(a) account on or before October 3, 2024, based on the base salary provided for her as City Manager; and
9. If the City terminates the Agreement without cause on or before March 31, 2026, the City Manager is entitled to severance of eighteen (18) months of base salary. If the City terminates the Agreement without cause after March 31, 2026, the City Manager is entitled to severance of twelve (12) months of base salary. If the City terminates the Agreement for cause the City Manager is not entitled to severance; and
10. If the City Manager terminates the Agreement, the City Manager agrees to provide forty-five (45) days notice to the City of her resignation. The City Manager is not eligible for severance if she resigns her employment; and
11. In the event that the severance provisions of the Employment Agreement are triggered, the parties agree to enter into a mutually acceptable separation agreement that includes a full release by each party of the other party and other standard provisions; and
12. The City Manager shall be entitled to be reimbursed for business and travel expenses incurred in her role as the City Manager in accordance with City policies.