HomeMy WebLinkAbout54-City Attorney
CITY OF SAN BERNARDINO
- REQUEST FOR COUNCIL ACTION
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From: JAMES F. PENMAN
CITY ATTORNEY
Subject: Resolution of the Mayor and Common Council of the
City of San Bernardino Approving the Amendment of
Section 7 of the Employment Agreement with Keith
Kilmer Due to an Administrative Error in the Original
Agreement
Dept: CITY ATTORNEY
Date: June 11,2009
MICC Meeting Date:
Synopsis of Previous Council Action: Employment Agreement with Keith Kilmer for the position of Chief of Police
was approved by the Mayor and Council on May 4,2009.
Recommended Motion: That said Resolution be adopted.
A#
Contact person:
Stephanie D. Easland
Phone:
5355
Supporting data attached: Staff Report
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Ward:
All
Finance:
Council Notes:
&0 2009 -/59
Agenda Item No. sz.t
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STAFF REPORT
Council Meeting Date: June 15. 2009
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
June 11, 2009
Resolution of the Mayor and Common Council Approving and
Authorizing the Amendment of Section 7 of the Employment
Agreement with Keith Kilmer Due to an Administrative Error in the
Original Agreement
An agreement was reached with Keith Kilmer for the position of Chief of Police as
reflected in a Conditional Offer of Employment letter dated April 20, 2009 to Chief Kilmer
from Mayor Morris. One of the agreed upon terms of employment reflected in this offer of
employment was a uniform and equipment stipend of One Thousand Two Hundred Dollars
($1,200.00). On May 4,2009, the Mayor and Common Council approved the Employment
Agreement with Chief Kilmer for the position of Police Chief. However, when the
agreement was drafted, the document inadvertently reflected a uniform and equipment
stipend of One Thousand Dollars ($1,000.00). By approving this Resolution, Section 7 of
the Employment Agreement with Police Chief Kilmer will be corrected to accurately reflect
the agreed upon uniform and equipment stipend of One Thousand Two Hundred Dollars
($1,200.00).
F:\EASLAND\Council\Kilmcr,StaffReport. wpd
I RESOLUTION NO. - \.C ((.2) ~) '<: /
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S~
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
4
5 WHEREAS, the Conditional Offer of Employment letter dated April 20, 2009 to Keith
6 Kilmer 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
II WHEREAS, the negotiated uniform and equipment cost stipend set forth in the
12 Conditional Offer of Employment letter was not accurately carried over to Chief Kilmer'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."
28 III
F:\EASl.AND\Council\Kilrner.Resolution.wpd
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 ofthe 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
meeting thereof,
8 held on the day of
9 COUNCIL MEMBERS:
10 ESTRADA
11 BAXTER
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MCCAMMACK
17
18
19
,2009, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
CITY CLERK
20
21
22
23
24
The foregoing Resolution is hereby approved this
day of
,2009.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN,
25 City A orney
26
27
28
r/~
F:\EASLAND\Council\Kilmer.Resolution .wpd
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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 lO% 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 (l00) 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 term 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.
In
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