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HomeMy WebLinkAbout2013 CON Manuel Rodriguez - Chief of Police Employment AgreementEMPLOYMENT AGREEMENT CHIEF OF POLICE -w-* CALIFORNIA �+ NATIONAL OTT "- ;NCORPORATRD J CITY OF NATIONAL CITY CHIEF OF POLICE AGREEMENT -DRAFT TABLE OF CONTENTS SECTION TITLE PAGE Section 1 Term 3 Section 2 Duties and Authority 3 Section 3 Compensation 3 Section 4 Health, Disability and Life Insurance 4 Section 5 Leave 4 Section 6 City Vehicle 4 Section 7 Retirement 4 Section 8 General Business Expenses 5 Section 9 Termination 5 Section 10 Severance 5 Section 11 Resignation 6 Section 12 Performance Evaluation 6 Section 13 Hours of Work 7 Section 14 Outside Activities 7 Section 15 Indemnification 7 Section 16 Other Terms and Conditions of Employment 8 Section 17 Notices 8 Section 18 General Provisions 9 Section 19 Signatures 10 2 EMPLOYMENT AGREEMENT This Agreement made and entered into this 22nd day of March, 2013 by and between the City of National City, a municipal corporation (hereinafter called "Employer") and Manuel Rodriguez (hereinafter called "Employee") an individual who has the education, training and experience in local government management and who, as a member of Police Officer's Standards and Training (POST) is subject to the POST code of ethics, both of whom agree as follows: Section 1 Term This Agreement shall remain in full force in effect for a period of 4 years from March 22, 2013 through June 30, 2017, unless sooner terminated by the Employer or Employee as provided in Section 9, 10 or 11 of this Agreement. If this Agreement expires and is not renewed by Employer, then neither party shall have any further responsibility to the other. Section 2 Duties and Authority Employer agrees to employ Manuel Rodriguez as Chief of Police, on an, 'at - will' basis, to perform the functions and duties specified in the National City Municipal Code and the California Government Code, and to perform other legally permissible and proper duties and functions, commencing March 22, 2013. Section 3 Compensation A. Base Salary: Employer agrees to pay Employee an annual base salary of $155,000 payable in installments at the same time that the other executive employees of the Employer are paid. 1) Bilingual Skills pay of 2% 2) Uniform Allowance of $750 per year (payable in August of each year). Employee will receive salary adjustments in accordance with salary adjustments provided by Employer to Executive employees as a whole, during the term of this agreement. Employee may receive, but is not entitled to, additional salary adjustments, irrespective of other executive employees at the sole discretion of the employer. 3 Section 4 Health, Disability and Life Insurance Benefits A. Employer agrees to provide Employee a cafeteria health Benefit of $14,400 per year. B. Employer agrees to put into force and to make required premium payments for short term and long term disability coverage for the Employee. C. Employer shall pay the amount of premium due for term life insurance in the amount of $150,000. Section 5 Leave A. Employee shall accrue sick and vacation leave and other paid leave on an annual basis at the rate provided to Executive employees. B. The Employee shall be entitled to military reserve leave time pursuant to state law and City policy. Section 6 City Vehicle Employer will provide Employee with a (Unmarked) vehicle equipped with a police radio and will oversee vehicle maintenance, fuel and automobile insurance. Employee's duties as a Chief of Police (law enforcement officer) require that Employee shall have the exclusive use at all times during employment with the City of an automobile to carry out the business of the City. Section 7 Retirement Employer agrees to enroll the Employee into the Public Employees' Retirement System (PERS) and make all appropriate contributions in accordance with current Executive level contributions and cost sharing. Employee will receive Executive level heath retirement benefits. 4 Section 8 General Business Expenses A. Employer agrees to budget and to pay for the professional dues, services and subscriptions of Employee necessary for the continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for Employee's continued professional participation, growth and advancement, and for the good of the Employer. B. Employer agrees to budget for and to pay for the travel and subsistence expenses of Employee for professional development and official travel, meetings and occasions to adequately continue professional the development of Employee and to pursue necessary official functions for Employer, including but not limited to the Police Officer's Research Association Conference (PORAC), FBI National Conference (FBINAA) and other such national, regional, state and local government groups and committees in which Employee serves as a member. C. The Employer acknowledges the value of having Employee participate and be directly involved in local civic clubs or organizations. Accordingly, Employer shall pay for the reasonable membership fees and/or dues to enable the Employee to become an active member in local civic clubs or organizations. D. The Employer shall provide Employee with a computer, software, fax/modem, and cell phone required for the Employee to perform the job and to maintain communication. Section 9 Termination For the purpose of this Agreement, termination shall occur when: A. Employee elects to terminate his employment and this Agreement. B. Employer's City Manager, in the exercise of her/his sole discretion, determines with or without cause, to terminate Employee's employment and this agreement. 5 Section 10 Severance Employer will provide: A. The Employee is an 'at -will' employee, serving at the pleasure of the Employer's City Manager. This Agreement, and the Employee's employment with the Employer, may be terminated with or without cause by Employers City Manager. In the event the Employee is terminated for cause, or voluntarily resigns his position with the Employer, then the Employee shall not be entitled to the payment of Severance by the Employer. B. In the event that the Employee is terminated by the Employer other than for cause, and during such time that Employee is willing and able to perform his duties under this Agreement, then Employer agrees to pay Severance equal to four (4) months base salary but not more than $50,000, whichever is less. The Severance shall be paid in one lump sum unless otherwise agreed to by the Employer and the Employee. C. In the event of Severance, the Employee shall also be compensated for all accrued sick and vacation leave in a manner consistent with the Executive Compensation Plan. D. If the Employee is terminated because of a conviction of a felony, then the Employer is not obligated to pay Severance under this section. E. In the event Employee is convicted of a felony involving an abuse of Employee's office or position, then any Severance paid under this section shall be reimbursed to Employer, as required and set forth in Government Code section 53243.2. Section 11 Resignation In the event that the employee voluntarily resigns his position with the Employer, the Employee shall provide a minimum of 30 days notice to Employer unless the parties agree otherwise. Section 12 Performance Evaluation Employer's City Manager may annually review the performance of the Employee in the Employee's anniversary month subject to a process, form, criteria, and format for the evaluation, which shall be mutually agreed upon by the Employer and Employee. The process at a minimum may include the opportunity for both parties to: (1) prepare a written evaluation, (2) meet and discuss the evaluation and (3) present a written summary of the evaluation 6 results. The final written evaluation should be completed and delivered to the Employee within 30 days of the evaluation meeting. Section 13 Hours of Work It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the Employer and to that end Employee shall be allowed to establish an appropriate work schedule, compatible with the normal business hour of the City of National City. Section 14 Outside Activities Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the Employer and the community, the employment contemplated by this Agreement shall be the Employee's sole full-time employment. Paid outside teaching or consulting will adhere to the City's policy for outside employment. Section 15 Indemnification A. In accordance with Federal, State or Local law, Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the course and scope of the performance of Employee's duties as Chief of Police, or resulting from the exercise of judgment or discretion in connection with the course and scope of performance of program duties or responsibilities, unless the act or omission involved conduct outside the scope of employment in which the Employer may refuse to provide independent legal representation at the Employer's expense, the Employer may not unreasonably withhold approval of Employee's request for defense. Legal representation provided by Employer for Employee shall extend until a final determination of the legal action, including any appeals brought by either party. The Employer shall indemnify Employee against any and all losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorney's fees, and any other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit or proceeding, actual or threatened, arising out of or in connection with the performance of the Employee in the course and scope of his duties. Any settlement of any claim may be made only with prior approval of the Employer in order for indemnification, as provided in this Section, to be available, said approval not to be unreasonably withheld. 7 B. Employee recognizes the Employer shall have the right to compromise and settle any claim or suit. Further, Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation to which the Employee is a party, witness or advisor to the Employer. Such expense payments shall continue beyond Employees service to Employer as long as litigation is pending. Further, Employer agrees to pay Employee reasonable consulting fees and travel expenses when Employees serves as a witness, advisor or consultant to Employer regarding pending litigation. C. As required by Government Code section 53243.1, if Employee is convicted of a crime involving an abuse of Employee's office or position, then any funds provided by Employer for the criminal defense of Employee shall be fully reimbursed to Employer. Section 16 Other Terms and Conditions of Employment A. Employer shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Municipal Code or any other law. B. Except as otherwise provided in this Agreement, the Employee shall be entitled to the highest level of benefits that are enjoyed by other appointed employees of the Employer as provided in the Municipal Code or by practice. Section 17 Notices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: A. EMPLOYER: City Manager, City of National City, 1243 National City Boulevard, National City, CA 91950-4301 B. EMPLOYEE: At the address of the Employee's principal residence. Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of persona service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. 8 Section 18 General Provisions A. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this Agreement during the life of this Agreement. Such Amendments shall be incorporated and mad a part of this Agreement. B. Binding Effect. This agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representative and successors in interest. C. Effective Date. This Agreement shall become effective March 22, 2013. D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the vanity of any other provisions. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have executed by both parties subsequent to the expungement or judicial modification of the invalid provision. E. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the Sate of California. F. Construction. The parties acknowledge and agree that 1) each party is of equal barging strength, 2) each party has actively participated in drafting, preparation and negotiation of this Agreement, 3) each party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party deemed appropriate, relative to any and all matters contemplated under this Agreement, 4) each party and such party's counsel and advisors have reviewed this Agreement, 5) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and 6) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any portions hereof, or any amendments hereto. 9 Section 19 Signatures IN WITNESS WHEREOF, the parties have executed Agreement on the date and year first above written. CITY OF NATIONAL CITY LESLIE A. DEESE ROVED AS TO FORM: DIA'SIL� CITY ATTORNEY MANUEL RODRIGUEZ 10