HomeMy WebLinkAbout08.D- Mayor's Office RESOLUTION (ID#2294) DOC ID: 2294
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Appointment
From: Patrick J. Morris M/CC Meeting Date: 02/19/2013
Prepared by: Georgeann "Gigi" Hanna,
Dept: Mayor's Office Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of an Employment Agreement with the Newly Appointed City Manager
Financial Impact:
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
«Inert synopsis here>>
Background:
«Inert background here>>
City Attorney Review:
Supporting Documents:
Updated:2/14/2013 by Georgeann"Gigi" Hanna Packet Pg. 1235
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I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING EXECUTION OF AN EMPLOYMENT
AGREEMENT BETWEEN ALLEN J. PARKER AND THE CITY OF SAN
4 BERNARDINO FOR THE POSITION OF CITY MANAGER TO COMMENCE
5 FEBRUARY 20,2013
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
9 directed to execute on behalf of said City the Employment Agreement between Allen J. Parker
10 and the City of San Bernardino, which is attached hereto, marked Exhibit "A", and
11 incorporated herein by reference as fully as though set forth at length.
12 SECTION 2. The authorization to extend the above-referenced agreement is
13 rescinded if the parties to the agreement fail to execute it within sixty(60) days of the passage
14 of this resolution.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING EXECUTION OF AN EMPLOYMENT
AGREEMENT BETWEEN ALLEN J. PARKER AND THE CITY OF SAN
3 BERNARDINO FOR THE POSITION OF CITY MANAGER TO COMMENCE
FEBRUARY 20, 2013
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a meeting thereof,
7 held on the_day of , 2013,by the following vote, to wit:
8
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ
11
JENKINS
12
13 VALDIVIA
14 SHORETT
15 KELLEY
16 JOHNSON
17
18 MCCAMMACK
19
20 Georgeann Hanna, City Clerk
21 The foregoing resolution is hereby approved this day of
22 2013.
23
24 Patrick J. Morris, Mayor
25 City of San Bernardino
Approved as to form:
26 JAMES F. PENMAN
27 City Attorney
28
By:
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E xwoo'It A
1 EMPLOYMENT AGREEMENT
2 THIS AGREEMENT is made and entered into this 19`h day of February, 2013, by and
3 between the CITY OF SAN BERNARDINO, a charter city ("City"), and ALLEN J.
4 PARKER, an individual ("Parker").
5 WHEREAS, the City has a need for the services of a City Manager;
6 WHEREAS, Parker is competent, trained, and qualified for the position of City
7 Manager; and
8 WHEREAS, the parties desire to enter into this Agreement to outline the terms and
9 conditions of employment, and the duties and responsibilities of the parties.
10 NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
11 1. APPOINTMENT. Parker is hereby appointed, and does hereby accept such
12 appointment, to the office of City Manager of the City of San Bernardino effective February
13 20, 2013.
14 2. TERM. The tern of this Agreement shall commence February 20, 2013 and
15 shall continue until terminated in accordance with the provisions of this Agreement.
16 3. TERMINATION. Under the terms of this appointment, Parker serves as an "at-
17 will" employee and may be terminated at any time, with or without cause pursuant to the
18 provisions of the San Bernardino City Charter and this Agreement. Nothing in this
19 Agreement, the San Bernardino City Charter, any statute, ordinance, or rule shall be construed
20 as creating any vested right in such appointment or in employment with the City.
21 a. The City may terminate this Agreement without cause, or Parker may
22 voluntary resign his position, by providing the other party written notice of termination or
23 resignation at least sixty (60) days prior to the effective date of such termination or
24 resignation, unless the parties mutually agree to waive or alter the time required for such
25 notice.
26 b. If during the term of this Agreement, Parker is terminated for cause,
27 Parker shall have the right to a hearing before the Mayor in accordance with Section 52 of the
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1 San Bernardino City Charter, which authorizes the Mayor to discharge the City Manager for
2 cause, subject to the laws of the State of California.
3 C. Parker shall have no right to any severance payment, and shall only be
4 entitled to compensation for any accrued and unused leave or vacation per Resolution No.
5 2007-345 as amended or its successor, upon the occurrence of any of the following events: (i)
6 upon written notice of termination or resignation as provided above in section (3)(a); (ii) upon
7 the death of Parker; or(iii) upon Parker's termination for cause.
8 d. For purposes of this section, "cause" is defined as: (i) a willful breach
9 of this Agreement, (ii) neglect or lack of loyalty in the performance of the City Manager's
10 duties, or (iii) any acts of dishonesty, fraud, misrepresentation, or other acts of moral
11 turpitude. For purposes of this section, "loyalty" is defined as the duty of the City Manager to
12 avoid fraud,bad faith, usurpation of city government opportunities, and self-dealing.
13 4. SALARY. Parker shall be compensated at an annual salary set at Range 4740,
14 Step 5, equal to Two Hundred and Twenty-One Thousand, Nine-Hundred, and Seventy-Six
15 Dollars ($221,976). This annual salary shall be payable bi-monthly at the same time as other
16 city employees. The Mayor and Common Council shall conduct a facilitated performance
17 evaluation of Parker after six (6)months from the commencement date of this Agreement, and
18 annually thereafter, and may award Parker a merit increase of up to five percent (5%)
19 annually. In accordance with applicable City policies and procedures, Parker shall be
20 reimbursed for reasonable expenses incurred on behalf of the City in the performance of his
21 duties and responsibilities as City Manager.
22 5. FRINGE BENEFITS. Parker shall be entitled to the benefit package established
23 for the Management/Confidential Group, including but not limited to, health, dental, vision,
24 leave, retirement, long-term disability coverage, life insurance, and other benefits as provided
25 in Resolution No. 2007-345 as amended or its successor. For purposes of"vacation leave"
26 and "administrative leave," Parker shall be provided an annual bank of one hundred sixty
27 (160) hours of combined vacation and administrative leave (four weeks). On or before
28 September 1' of each year, Parker shall notify the Finance Director of the number of hours
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1 from this leave bank(not to exceed 100 hours in a calendar year) that he wishes to sell back to
2 City and receive payment for such in the month of October.
3 6. RELOCATION ASSISTANCE. In consideration of the cost and expense
4 Parker will incur to relocate from his existing residence to the City of San Bernardino, the
5 City shall provide Parker a one-time stipend of Five Thousand Five Hundred Dollars ($5,500)
6 for relocation assistance. Payment of the relocation assistance stipend is contingent upon
7 Parker establishing his residence within the boundaries of the City of San Bernardino within
8 six (6) months of the commencement of this Agreement. If for any reason this Agreement is
9 ended prior to February 19, 2014, then Parker shall repay City one-twelfth of the relocation
10 assistance stipend for every month or portion thereof remaining until February 19, 2014, or if
11 for any reason during the term of this Agreement Parker establishes his residence outside the
12 boundaries of the City of San Bernardino, then Parker shall repay City the entire relocation
13 assistance stipend.
14 7. MOONLIGHTING. Parker will focus his professional time, ability, and
15 attention on City business during the term of this Agreement. To the extent consistent with
16 applicable law, Parker shall not engage in any other business duties or pursuits whatsoever or,
17 directly or indirectly, render any services of a business, commercial, or professional nature to
18 any other person or organization, whether for compensation or otherwise, without prior
19 consent of the Mayor; except that the expenditure of reasonable amounts of time not in
20 conflict with the City's needs and interests, for educational, charitable, community, and
21 professional activities shall not be deemed a breach of this Agreement and shall not require
22 prior consent. This Agreement shall not be interpreted to prohibit Parker from making
23 passive personal investments, occasional teaching at a local institution of higher education, or
24 conducting private business affairs if those activities do not materially interfere with the
25 duties of the City Manager or create conflicts of interest.
26 8. ANNUAL WORKSHOP WITH MAYOR AND COMMON COUNCIL.
27 Parker hereby requests, and the Mayor and Common Council hereby agree, that within three
28 (3) months after commencement of this Agreement, and annually thereafter, the Mayor and
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1 Common Council shall schedule and conduct with the City Manager an annual workshop,
2 within the corporate boundaries of the City of San Bernardino, to discuss, review and
3 establish goals and priorities for the City of San Bernardino.
4 9. BONDING. If applicable, the City shall bear the full cost of any fidelity or
5 other bonds required of Parker in the performance of his duties as City Manager.
6 10. ENTIRE AGREEMENT. This Agreement contains the entire agreement
7 between the parties. Any correspondence, letters, documents, or discussions leading up to this
8 Agreement which deal with the terms contained herein are superseded by this Agreement.
9 11. SEVERABILITY. If any part of this Agreement is in conflict or inconsistent
10 with the applicable provisions of federal, state, or city statutes, or it is otherwise held to be
11 invalid or unenforceable by any court of competent jurisdiction, such part or provision shall
12 be suspended and superseded by such applicable law or regulations, and the remainder of this
13 Agreement shall not be affected thereby.
14 12. AMENDMENT. This Agreement may only be amended by a written agreement
15 executed by the parties, and may not be amended by oral agreement.
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17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
18 day and date first shown.
19 ATTEST: CITY OF SAN BERNARDINO
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21 By: By:
22 Georgeann Hanna, City Clerk Patrick J. Morris, Mayor
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24 APPROVED AS TO FORM: ALLEN J. PARKER
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27 By.
James F. Penman, City Attorney
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