HomeMy WebLinkAbout2009-159
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RESOLUTION NO. ~159
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING AND AUTHORIZING THE AMENDMENT OF SECTION
3 7 OF THE EMPLOYMENT AGREEMENT WITH KEITH KILMER DUE TO AN
ADMINISTRATIVE ERROR IN THE ORIGINAL AGREEMENT
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5 WHEREAS, the Conditional Offer of Employment letter dated April 20, 2009 to Keith
6 Kilrner provided for an initial uniform and equipment stipend of One Thousand Two Hundred
7 Dollars ($1,200.00); and
8 WHEREAS, the Employment Agreement with Chief Kilmer approved by the Mayor and
9 Common Council on May 4,2009 provided for a One Thousand Dollar ($1,000.00) uniform and
10 equipment stipend; and
11 WHEREAS, the negotiated uniform and equipment cost stipend set forth in the
12 Conditional Offer of Ernployment letter was not accurately carried over to Chief Kilrner's
13 Employment Agreement due to an administrative error,
14 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
15 OF SAN BERNARDINO AS FOLLOWS:
16 SECTION 1. Due to an administrative error causing the original Employment Agreement
17 with Keith Kilmer to reflect a One Thousand Dollar ($1,000.00) uniform and equipment stipend,
18 Section 7 of the Employment Agreement with Keith Kilmer is hereby amended to reflect the
19 correct negotiated uniform and equipment stipend amount of One Thousand Two Hundred Dollars
20 ($1,200.00).
21 SECTION 2. The City Clerk is hereby authorized to replace the original Employment
22 Agreement's Page 3 with a corrected version of Page 3 with the following language in Section 7
23 which corrects the administrative error in the original Agreement:
24 "7. INITIAL UNIFORM & EQUIPMENT STIPEND. No later than June 15,2009,
25 Kilmer shall receive a one-time stipend of One Thousand Two Hundred Dollars
26 ($1,200.00) to pay for expenses associated with the initial purchase of uniform and
27 equipment for his employment."
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F:\EASLAND\Council\Kilmer.Resolution.wpd
2009-159
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING AND AUTHORIZING THE AMENDMENT OF SECTION
2 7 OF THE EMPLOYMENT AGREEMENT WITH KEITH KILMER DUE TO AN
ADMINISTRATIVE ERROR IN THE ORIGINAL AGREEMENT
3
4 SECTION 3. A true and correct copy of the corrected Page 3 is attached hereto as Exhibit
5 A.
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a j oint regular
meeting thereof,
8 held on the 15th day of
,2009, by the following vote, to wit:
9 COUNCIL MEMBERS:
NAYS
ABSTAIN ABSENT
10 ESTRADA
11 BAXTER
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MCCAMMACK
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~h.~
CITY CLERK
The foregoing Resolution is hereby approved this I tnr day of June
,2009,
Approved as to form:
JAMES F. PENMAN,
25 City A orney
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2009-159
Exhibit A
5. VOLUNTARY 10% "GIVEBACK." In recognition of the extraordinary financial
issues facing the City of San Bernardino and other local governments, and consistent with the
sacrifice made by other city department heads, Kilmer has voluntarily agreed to give back ten
percent (10%) of his salary in accordance with Resolution No. 2009-35, until June 30, 2010. If the
City restores the 10% concession provided by employees in the Management/Confidential Group
per Resolution No. 2009-35, or any portion thereof, prior to June 30, 2010, the 10% voluntary
"giveback" provided herein by Kilmer shall also be commensurately restored.
6. FRINGE BENEFITS. Kilmer shall be entitled to the benefit package established for
police safety management employees in the Management/Confi.dential Group, including but not
limited to, health, dental, vision, leave, retirement, long-term disability coverage, life insurance,
uniform allowance, education incentive pay, and other benefits as provided in Resolution No. 2007-
345 as amended or its successor.
a. For purposes of "vacation leave," Kilmer shall be provided an initial bank of
one hundred (100) hours of vacation leave and shall be given credit for twenty (20) years of
continuous service for purposes of accruing vacation leave per Resolution No. 2007-345 as
amended or its successor. Kilmer may sell back to the City up to forty (40) hours of vacation leave
each year, upon notice to Finance Director on or before August I st, with payment to be received in
September and compensation to be calculated using the June 30th rate.
b. Kilmer shall have the right to the use of a city-owned and maintained vehicle,
or in the alternative, to receive a vehicle reimbursement allowance in accordance with Resolution
No. 2006-428 as amended or its successor. Kilmer shall make an election within a reasonable
period of time after the beginning of the term of this Agreement between the use of a city-owned
vehicle or the vehicle reimbursement allowance. Such election shall be final for the tenn of this
Agreement.
7. INITIAL UNIFORM & EQUIPMENT STIPEND. No later than June 15,
2009, Kilmer shall receive a one-time stipend of One Thousand Two Hundred Dollars ($1,200) to
pay for expenses associated with the initial purchase of uniform and equipment for his employment.
8.
TEMPORARY HOUSING & RELOCATION ASSISTANCE.
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