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RESOLUTION (ID # 4240) DOC ID: 4240
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Employment Agreement
From: Jolena E. Grider M/CC Meeting Date: 12/21/2015
Prepared by: Jolena E. Grider, (909) 384-
5355
Dept: City Attorney Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Mayor to Execute an Employment Agreement for the Position of Interim City
Manager with Mark Scott to Commence on February 8, 2016. (#4240)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: <<Insert Amount>>
Account No. <<Insert Account No.>>
Account Description: <<Insert Account Description>>
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Back up for this item will be distributed once it is available.
City Attorney Review:
Supporting Documents:
Resolution Authorizing the Mayor to Execute Interim City Manager Agreement with
Mark Scott (DOC)
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RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT
3 AGREEMENT FOR THE POSITION OF CITY MANAGER WITH MARK SCOTT TO
4 COMMENCE ON FEBRUARY 8, 2016.
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. The Mayor is hereby authorized to execute on behalf of the City the
9 Employment Agreement for City Manager between the City of San Bernardino and Mark Scott,
lo attached hereto as Exhibit"A" and incorporated herein.
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28 Replacement Pages, Item 51) 12/21/15.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT
2 AGREEMENT FOR THE POSITION OF CITY MANAGER WITH MARK SCOTT TO
3 COMMENCE ON FEBRUARY 8, 2016.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof, held on the
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7 day of , 2015, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ
10 BARRIOS
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VALDIVIA
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13 SHORETT
14 NICKEL
15 JOHNSON
16 MULVIHILL
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18 Georgeann Hanna, City Clerk
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The foregoing Resolution is hereby approved this day of , 2015.
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22 R. Carey Davis, Mayor
City of San Bernardino
23 Approved as to form:
24 Gary D. Saenz, City Attorney
25 By:
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1 EMPLOYMENT AGREEMENT
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THIS AGREEMENT is made and entered into this day of December,2015,by and
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between the CITY OF SAN BERNARDINO, a charter city ("City"), and MARK SCOTT, an
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individual ("Scott").
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WITNESSETH
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WHEREAS,City has the need for the services of a City Manager, and
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WHEREAS, Scott is competent,trained and qualified for the position of City Manager,
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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.
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NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
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1. APPOINTMENT. Scott is hereby appointed to, and does hereby accept such
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appointment of the office of City Manager of the City of San Bernardino to commence on
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February 8, 2016.
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2. TERM. The term of this Agreement shall commence on February 8, 2016 and
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continue for one year,unless amended or terminated under the terms of this Agreement.
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3. TERMINATION. Under the terms of this appointment, Scott serves as an "at
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will" employee and may be terminated at any time, with or without cause pursuant to the
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provisions of the San Bernardino City Charter and this Agreement. Nothing in this Agreement,
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the San Bernardino City Charter, any statute, ordinance, or rule shall be construed as creating any
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vested right in such appointment or in employment with the City.
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a. The City may terminate this Agreement without cause, or Scott
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may voluntarily resign his position, by providing the other party written notice of termination or
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resignation at least thirty (30) days prior to the effective date of such termination or resignation,
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unless the parties mutually agree to waive or alter the time required for such notice.
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1 b. If during the term of this Agreement, Scott is terminated for
2 cause,Scott shall have the right to a hearing before the Mayor in accordance with Section 52 of the
3 San Bernardino City Charter,which authorizes the Mayor to discharge the City Manager for cause,
4 subject to the laws of the State of California.
5 c. Scott shall have no right to any severance payment, and shall only be entitled
6 to compensation for any accrued and unused leave or vacation per Resolution 2007-345 as
I 7 amended, or its successor, upon the occurrence of any of the following events: (i) upon written
I 8 notice of termination or resignation as provided above in section (3)(a); (ii) upon the death of
9 Scott; or(iii) upon Scott's termination for cause.
10 d. For purposes of this section, "cause"is defined as: (i)a willful breach of this
11 Agreement, (ii) neglect or lack of loyalty in the performance of the City Manager's duties, or(iii)
12 any acts of dishonesty, fraud,misrepresentation, or other acts of moral turpitude. For purposes of
13 this section, "loyalty" is defined as the duty of the City Manager to avoid fraud, bad faith,
14 usurpation of city government opportunities and self-dealing.
15 4. SALARY. Scott shall be compensated at the annual Salary set at Range
16 4731 ,Step 21, equal to Two Hundred and Forty-eight thousand and seventy-six dollars
17 ($248,076.00). This salary shall be paid bi-monthly at the same time as other City employees.
is In accordance with applicable City policies and procedures, Scott shall be reimbursed for
19 reasonable expenses incurred on behalf of the City in the performance of his duties and
20 responsibilities as City Manager.
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21 5. FRINGE BENEFITS. Scott shall be entitled to the benefit package
22 established for the Management/Confidential Group, including but not limited to, health, dental,
23 vision, leave, retirement, long-term disability coverage, life insurance, and other benefits as
24 provided in Resolution 2007-345 as amended or its successor. Scott shall receive Administrative
25 Leave consistent with Resolution No. 2007-345 as amended or its successor. For purposes of
26 "vacation leave" and "administrative leave," Scott shall be provided an annual bank of one
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1 hundred sixty(160) hours of combined vacation and administrative leave (four weeks). Any
2 other benefits not specifically addressed in this Agreement shall be consistent with the
3 Management Confidential Group.
4 6. HOUSING ASSISTANCE. Scott will be entitled to rental reimbursement of up
5 to $1500.00 per month for a rental in the City limits. Any taxes, security deposits or utilities not
6 included in the rent shall be the sole responsibility of Scott.
7 7. ENTIRE AGREEMENT. This Agreement contains the entire agreement
8 between the parties. Any correspondence, letters, documents or discussions leading up to this
9 Agreement or in any other way made between the parties or their agents are replaced and
10 superseded by this Agreement.
11 9. NONSEVERABILITY. The provisions of this Agreement are not severable
12 one from the other. Should any of the provisions of this Agreement be determined invalid or
13 unenforceable for any reason by the final judgment of a court of competent jurisdiction,then this
14 Agreement in its entirety shall thereupon become null and void.
15 11. AMENDMENT. This Agreement may only be amended by a written
16 agreement executed by the parties, and may not be amended by oral agreement.
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
2 day and date first above shown.
ATTEST: CITY OF SAN BERNARDINO
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By: By:
5 Georgeann Hanna, City Clerk R. Carey Davis, Mayor
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8 MARK SCOTT
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11 Approved as to Form:
Gary D. Saenz, City Attorney
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13 By:
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Monday December 21, 2015
By: Dr. Laura Whisler Family home: 3405 Hidalgo Drive, San Bernardino, CA 92404 cell: (916)-320-5990
I. We are very fortunate to have San Bernardino Police Chief Jarrod Burguan. We need our police chief to
keep "Leading the Force" and not be any Interim City Manager for an entire month when San Bernardino
is more than 100 police officers short of what is needed to protect and provide needed public safety and
assurance. Our lack in needed safety staffing is possibly why San Bernardino was targeted on 12/2/2015.
Even worse, over and over the media have focused on very negative comments, by "officials" and others
interviewed, about past crime (murder city in 1990's) and ongoing financial/economic woes/bankruptcy
and the terrible 12/2/15 tragedy. To advertise/tell the world our woes is bad enough, but to also spread how
much we are lacking in safety/police force is to invite additional crime/terrorism. More may be hurt or
killed, and there may be increased residential and business/school vandalism & crime even the rest of 2015
as Police Chief Burguan prepares to be the Interim City Manager and throughout January, 2016 knowing
the Police Chief is away from his command and the city is in bankruptcy, crisis mode from 12/2/15
tragedy, and residents and businesses/schools are therefore even more vulnerable.
11. We must also not accept another City Manager disaster. San Bernardino citizens and businesses are tired
of City Managers being hired that waste city money for their own salaries& benefits, only are present in
the City during their brief tenure with no real respect for the City's concerns and future..., then after a
couple years slyly exit before they are fired, and are allowed to determine their own exit date and
conditions... Enough is enough!!
Scott announced his resignation from the Burbank position [hired in Burbank in 20131
in November- Scott said the city faces "tough decisions"in its future. He said he hopes
the council can "do your best to restore dignity to our sometimes dysfunctional
community dialogue."
111. So, set aside gender biases and please be willing to hire an exceptionally qualified female. So, set aside
negative education and experience biases and be willing to hire someone who will provide sound fiscal
and operational management and has a Doctor of Public Health with a doctoral business management
cognate with Peter Drucker and Paul Cone. So, set aside any pain or pleasure in on-going bickering,
whining and blaming others..., and be willing to hire a pleasant and smiling, humorous, full of laughter
and joy team player who wants to work WITH all to the benefit of ALL. So, set aside your biases that
favor men who hop from one disastrous job performance to their next vulnerable City and be willing to
hire someone who was born and raised in San Bernardino, started taking college classes at San Bernardino
Valley College when she was a junior at Pacific High School, graduated as Valedictorian from Pacific,
etc., etc., and knows San Bernardino past, present potential & successes, and future sustainability and
pride with her real concern and compassion for all residents, business and schools.
Thank you. By selecting Dr. Laura Whisler for our new City Manager we
can all celebrate that the FORCE IS WITH TNered Into Rec. at MCC Mt . :2 )�—
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Agenda Item No-
by:
City Clerk
City of San Bernardino