HomeMy WebLinkAboutS1- Employment Agreement 1 EMPLOYMENT AGREEMENT
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3 THIS AGREEMENT made and entered into this day of , 1995, by and
4 between the CITY OF SAN BERNARDINO, a charter city ("City"), and LEE DEAN, an
5 individual ("Dean"),
6 WITNESSETH:
7 WHEREAS, City has the need for the services of a Chief of Police, and
WHEREAS, Dean asserts that he is competent, trained and qualified for the position of
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Chief of Police, and
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WHEREAS, the parties desire to enter into this Agreement to outline the duties and
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responsibilities of the parties,
11 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
12 1. APPOINTMENT. Dean is hereby appointed to, and does hereby accept such
13 appointment of, the office of Chief of Police of the City of San Bernardino.
14 2. TERM. The term of this Agreement shall be three (3) years from and beginning on
15 January 15, 1996, and terminating on January 14, 1999.
16 3. COMPENSATION. For the term of this Agreement Dean shall be compensated for
17 his services as Chief of Police as provided in Charter section 186 of the City of San Bernardino.
18 4. TERMINATION. Under the terms of this appointment Dean serves as an "at will"
19 employee and may be terminated at any time, with or without cause. Nothing in this Agreement
20 shall be construed as creating any vested right in such appointment or in employment with the
21 City. If during the term of this Agreement Dean is terminated without cause, he shall be entitled
22 to severance pay equal to six (6) months of his then current salary, or such number of months as
23 shall bring his total period of service to three (3) years, whichever is less. In no event shall the
24 total of the period of actual service and the months of severance pay exceed three (3) years. If
Dean is terminated for cause there shall be no right for any severance pay. As used in this
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Agreement "cause" is a lack of skill, competence, diligence, or loyalty in the performance of his
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duties, determined after notice and a right to a hearing. "Cause" shall also include the conviction
27 of a felony or a crime of moral turpitude, or Dean no longer holding the qualifications for the
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DAB/tbm [Dean.Agr] 1 December 13, 1995 49?��//9�j
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1 Lee Dean Employment Agreement, Cont.
2 position of Chief of Police.
3 5. AUTOMOBILE ALLOWANCE. Dean shall have the right to the use of a City car or
4 of an automobile allowance in the amount of Three Hundred Dollars ($300.00) per month payable
5 semi-monthly. Should the automobile allowance be increased for other City officers during the
6 term of this Agreement, Dean shall likewise be entitled to such increase. Dean must make an
7 election within a reasonable period of time after the beginning of the term of this agreement
8 between the City car or the car allowance and such election shall be final for the term of this
Agreement.
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6. EDUCATIONAL INCENTIVE PAY. In conjunction with POST (Peace Officer
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Standards and Training) Advanced and Management Certificates obtained by Dean, City agrees
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to provide Dean an additional incentive pay of Four Hundred Fifty Dollars ($450.00) per month
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payable semi-monthly. City shall not provide payment or reimbursement for classes or training
13 relating to Minimum Continuing Legal Education (MCLE) credits for the State Bar of California.
14 7, MANAGEMENT BENEFITS. Dean shall also be entitled to health, dental, vision,
15 insurance, leave, and all other benefits which are received by other safety officer management
16 employees in the City.
17 8. ADMINISTRATIVE LEAVE. In recognition of the extraordinary hours of work
18 which will be required in the position, City hereby agrees to credit Dean with ten (10) days
19 additional Administrative Leave on the effective date of this Agreement and on each January 1
20 thereafter. Said Administrative Leave shall not carry over from year to year and shall not be
21 subject to cash pay out upon termination. Said Administrative Leave shall be in addition to any
22 other leave provided to Dean as part of normal Management Benefits.
23 9. MOVING EXPENSES. City hereby agrees to reimburse Dean for all receipted moving
and relocation expenses reasonably incurred in relocating from Vacaville to the San Bernardino
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area. Such reimbursement shall be limited to direct moving expenses and shall not include
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lodging, either temporary or permanent, and shall cover only one move from Vacaville to the San
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Bernardino area and shall not cover any other or subsequent moves. Receipts shall be submitted
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for reimbursement within twelve (12) calendar months of the beginning of the term of this
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DAB/tbm [Dean.Agr] 2 December 13, 1995
1 Lee Dean Employment Agreement, Cont.
2 Agreement. Notwithstanding anything in this paragraph to the contrary, in the discretion of the
3 Mayor he may approve reimbursement for temporary lodging for Dean and his family for a period
4 of time not to exceed five (5) days.
5 10. PRACTICE OF LAW. The parties understand and acknowledge that Dean is a
6 member of the Bar of the State of California. The City desires to have a Chief of Police who will
7 commit his full time to the duties of the office and will not place himself in situations which will
8 be, or will appear to be, conflicts of interest. Therefore, for the term of this Agreement Dean
hereby agrees not to practice law anywhere in this State in any way. Providing noncompensated
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advice to family members or doing work on personal matters on his own behalf shall not be
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deemed a breach of this Agreement. Dean understands and agrees that he shall obtain all legal
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advice applying to his duties as the Chief of Police of the City of San Bernardino from the District
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Attorney for the County of San Bernardino or the City Attorney for the City of San Bernardino
13 depending on their respective areas of responsibility, and shall not rely on his own legal advice
14 or expertise in such matters.
15 11. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the
16 parties. Any correspondence, letters, documents or discussions leading up to this Agreement or
17 in any other way made between the parties or their agents are replaced and superseded by this
18 Agreement.
19 12. NONSEVERABILITY. The provisions of this Agreement are not severable one from
20 the other. Should any of the provisions of this Agreement be determined invalid or unenforceable
21 for any reason by the final judgment of a court of competent jurisdiction, then this Agreement in
22 its entirety shall thereupon become null and void.
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DAB/tbm [Dean.Agr] 3 December 13, 1995
1 Lee Dean Employment Agreement, Cont.
2 13. AMENDMENT. This Agreement may only be amended by a written agreement
3 executed by the parties, and may not be amended by oral agreement.
4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
5 date first above shown.
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7 CITY OF SAN BERNARDINO
8 By
9 Tom Minor, Mayor
10 ATTEST:
11 By
12 City Clerk
13 APPROVED AS TO FORM
14 AND LEGAL CONTENT
15 JAMES F. PENMAN
City Attorney
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17 By
LEE DEAN
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22 Entered into Record at
CouncillCmyoevCma Mtg: �-
23 by
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re Agenda Item
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City ClerkICDC Secy
27 City of San Bernardino
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DAB/tbm[Dean.Agr] 4 December 13, 1995