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HomeMy WebLinkAboutS1- Employment Agreement 1 EMPLOYMENT AGREEMENT 2 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 8 Chief of Police, and 9 WHEREAS, the parties desire to enter into this Agreement to outline the duties and 10 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 25 Agreement "cause" is a lack of skill, competence, diligence, or loyalty in the performance of his 26 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 28 DAB/tbm [Dean.Agr] 1 December 13, 1995 49?��//9�j 0 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. 9 6. EDUCATIONAL INCENTIVE PAY. In conjunction with POST (Peace Officer 10 Standards and Training) Advanced and Management Certificates obtained by Dean, City agrees 11 to provide Dean an additional incentive pay of Four Hundred Fifty Dollars ($450.00) per month 12 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 24 area. Such reimbursement shall be limited to direct moving expenses and shall not include 25 lodging, either temporary or permanent, and shall cover only one move from Vacaville to the San 26 Bernardino area and shall not cover any other or subsequent moves. Receipts shall be submitted 27 for reimbursement within twelve (12) calendar months of the beginning of the term of this 28 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 9 advice to family members or doing work on personal matters on his own behalf shall not be 10 deemed a breach of this Agreement. Dean understands and agrees that he shall obtain all legal 11 advice applying to his duties as the Chief of Police of the City of San Bernardino from the District 12 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. 23 24 25 26 27 28 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. 6 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 16 � 17 By LEE DEAN 18 19 20 21 22 Entered into Record at CouncillCmyoevCma Mtg: �- 23 by 24 1 re Agenda Item 25 26 City ClerkICDC Secy 27 City of San Bernardino 28 DAB/tbm[Dean.Agr] 4 December 13, 1995