HomeMy WebLinkAboutKenneth A Domer - 2013-09-16Dept. ID HR 13-006 Page 1 of 1
Meeting Date: 9/16/2013
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 9/16/2013
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Michele Warren, Director of Human Resources
SUBJECT: Approve the appointment of Kenneth A. Domer to the position of Assistant City
Manager
Statement of Issue: A national recruitment has been conducted for the position of Assistant City
Manager. The City Manager is recommending the appointment of Kenneth A. Domer to the
position.
Financial Impact: The position of Assistant City Manager is a budgeted position within the 2013-14
Fiscal Year Budget. No additional funding is required
Recommended Action:
A) Approve the appointment of Kenneth A. Domer to the position of Assistant City Manager; and,
B) Approve and authorize the City Manager to execute the Employment Agreement between the
City of Huntington Beach and Kenneth A. Domer for the position of Assistant City Manager.
Alternative Action(s): Do not approve the appointment of Kenneth A. Domer for the position of
Assistant City Manager and direct the City Manager to re -launch a national recruitment.
Analysis: The City of Huntington Beach recently tendered the resignation of Assistant City
Manager - Bob Hall. The City utilized the services of Ralph Andersen & Associates, Inc. to conduct
a nationwide recruitment to fill the vacancy. Six (6) candidates were invited to interview with two
interview panels (one external professional panel and one staff panel) evaluating each candidate.
The City Manager conducted follow-up interviews and reference checks. The City Manager
recommends City Council approval to appoint Kenneth A. Domer to the position of Assistant City
Manager, effective October 14, 2013. The contractual compensation is recommended at Non-
Associated/Executive Management Range 721, Starting Point (Step A). The annual salary is
$165,384.
Environmental Status: NA
Strategic Plan Goal:
Develop, retain and attract quality staff
Attachment(s):
1. Resume — Kenneth A. Domer
2. Employment Contract
Item 14. - 1 HB -290-
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Kenneth Anthony Dome>r
. ofessional Experience
City of Placentia
Assistant City Administrator, Development Services [12-08 to present]
Assist City Administrator in day-to-day operations of City of 50,000 residents with direct responsibility
for redevelopment/Successor Agency and Oversight Board operations, Economic Development,
Planning, Building and Code Enforcement. As Director of Development Services, conduct Planning
Commission meetings and direct current and advanced planning activities. Oversee, in Assistant City
Administrator capacity, Public Works and Engineering Divisions. Directly assist with Community
Development Block Grant funding, Police Department video surveillance systems, leased properties
and Animal Control Services contract. Draft staff reports, resolutions, ordinances and conduct in-depth
analysis of regulations, legislation and other external challenges. Assist City Administrator in revenue
enhancement and expenditure reduction efforts due to the City's severe fiscal challenges. Served on
negotiating team for general employee labor discussions and participate in overall negotiation
strategies.
• Working with Administrative Services Director, crafted and implemented reorganization of
Finance Department staffing allocation in response to external audit findings.
• Working with City Administrator, positioned City for forthcoming Metrolink Station, downtown
Parking Structure and downtown affordable housing projects.
• Served as Community Development Block Grant application leader which reversed the City's
denial of applications and successfully obtained more than $400,000 in CDBG funds for city-wide
ADA improvements, park improvements, and ADA improvements at City Hall.
• Successfully negotiated purchase of non -conforming automotive facility in residential
neighborhood and demolition of structures for eventual single family affordable housing
development.
• Coordinated multi -departmental team to relocate aerospace manufacturer into Placentia and
worked with ownership to position for successful utilization of federal small business incentives.
• Primary contact with Placentia Chamber of Commerce and Downtown Merchants Association.
• Executive Director of Oversight Board to Successor Agency. Successfully defended
reimbursement agreement between Agency and City for certificates of participation and
compilation of Recognized Obligation Payment Schedule for 100% acceptance by State. Primary
lead on Meet and Confer sessions with State Department of Finance.
• Coordinate communications to City Council and public, draft economic development articles for
Placentia Quarterly newsletter to residents, update divisional web pages to ensure current and
consistent information.
City of Villa Park
City Manager/City Clerk [5-05 to 12-08]
Appointed by City Council to handle all City operations on daily basis, provide executive oversight of
City staff, implement Council policy through program development and implementation, develop
fiscally conservative city-wide budget, manage multiple contractual relationships to include building
and engineering services, law enforcement and emergency medical and fire services (OCFA). Perform
all regular functions and duties of City Clerk, Director of Finance, Director of Planning, Director of
Public Works, Director of Public Protection. Additionally performed administrative duties of Human
Resources and Information Technology. Directly administered City staff of up to 6 full and part-time
employees in addition to four contract employees maintaining office hours. Primarily responsible for
HB -291- Item 14. - 2
Resume - Kenneth A. Domer
City Council staff reports, policy development and program implementation related to all City
departments. As City Manager with far reaching responsibility of City functions, I was required to be
proficient in multiple department knowledge areas and capable of decisions benefiting the City in
disparate situations on a daily basis.
• Successfully negotiated with the Regional Water Quality Control Board to reduce possible
administrative civil liability from historical water quality program shortcomings while leading
internal effort to remedy identified programinatic deficiencies and put into action sound best
management practices.
• Successfully guided City through the public education and implementation of a Sewer Service User
Charge which assessed each residential parcel $16.15 monthly for sanitary sewer improvements
and maintenance. Three user charge funded improvements completed 40% of high priority
projects during my tenure.
• Developed three balanced and conservative budgets utilizing a strategic financial planning process
that ensured City services and programs were insulated from continued State and economic
financial woes.
• Reorganized City personnel and office utilization to implement a flexible and proactive service
delivery in relation to the City's size and ability to handle staffing costs.
• Pursued and obtained grant funding for over 50% of proposed capital improvement projects in
Fiscal Year 2008-09 budget and attained use of non General Fund dollars at over 70%.
• Led revision and update of codified ordinances, policies, and procedures to ensure that City
services were up-to-date, efficient and effectively delivered to residents and customers.
• Acting as City Clerk and Election Official, successfully ran the 2006 election with five candidates
for three offices and one ballot measure as well as presided over initial recall effort that failed to
qualify.
• Served as Vice -Chair of the City Managers Committee for the California Joint Powers Insurance
Authority and implemented risk management practices to achieve the most improved City member
award for 2008.
• Served on City Managers' Committee for Orange County Fire Authority.
Social Services Agency — County of Orange
Strategic Planning Manager [9-04 to 5-05]
City of Orange Planning Commission
Planning Commissioner [10-03 to 5-05]
Housing & Community Development Department — County of Orange
Section Chief, Community Development [7-99 to 9-04]
Supervisor Thomas W. Wilson — Orange County Board of Supervisors
Executive Assistant to the Supervisor [1-97 to 7-99]
Orange County Board of Supervisors
Executive Assistant to Supervisor Saltarelli [11-96 to 1-97]
Management Intern to Supervisor Bill Steiner [6-96 to 9-96]
City of Orange - Office of the City Manager [5-96 to 11-96]
Management Intern — Assisted the City Manager on special projects.
Master of Public Administration — University of Southern California [1-96 to 5-97]
Left state service to finalize degree program and return to Orange County.
Item 14. - 3 HB -292-
Resume - Kenneth A. Domer
California Environmental Protection Agency [4-94 to 1-96]
Special Assistant to the Secretary
Office of the Governor - State of California [7-91 to 4-94]
Education
California State Polytechnic University, Pomona
Master of Urban and Regional Planning (39 units completed)
University of Southern California
Master of Public Administration, May 1997
Public Finance Emphasis
University of Southern California
Bachelor of Arts, Political Science, May 1991
xB -293- Item 14. - 4
ATTACHMENT #2
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
__. KENNETH A. DOMER
THIS AGREEMENT is entered into between the City of Huntington Beach, a California
municipal corporation, subsequently called "City," and Kenneth A. Domer, subsequently called
"Domer."
WITNES SETH
The City Manager has been empowered to appoint and remove department directors,
officers, and employees of the City except elective officers and the Chief of Police; and
The City, through the City Manager, desires to employ the services of Domer as Assistant
City Manager of the City of Huntington Beach; and
It is the desire of the City to provide certain benefits, establish certain conditions of
employment, and to set working conditions of Domer; and
It is the desire of the City to:
............
(l} Secure and.... retain - the services of Domer_ and to. pro vide__inducement...-for ._him to ...... ........
...
remain in such employment; and
(2) To provide a means for terminating Domer's service at such time as he may be
unable fully to discharge his duties due to disability or when City may otherwise desire to terminate
his employ; and
Domer desires to accept employment as the Assistant City Manager of the City;
NOW, THEREFORE, in consideration of the mutual covenants here contained, the parties
agree as follows:
SECTION I. DUTIES. City agrees to employ Domer as the Assistant City Manager of the
City to perform the functions and duties of that office as set forth in the Municipal Code of the City
of Huntington Beach and the City Charter, and to perform other legally permissible duties and
functions as the City Manager shall from time to time assign. Domer shall devote his full attention
and effort to the office and perform the mentioned duties and functions in a professional manner.
SECTION 2. STATUS AND TERM.
(a) Domer shall serve for an indefinite term at the pleasure of the City Manager and
shall be considered an at -will employee of the City. Domer's first day of work pursuant to this
Agreement shall be October 14, 2013.
13-3915/101151 1
(b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
the City Manager to terminate the employment of Domer at any time, subject only.to the provisions
set forth in Section 6, paragraphs (a), (b) and (c) of this Agreement.
(c) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right
of Domer to resign at any time from his position with the City, subject only to the provisions set
forth in Section 6, paragraph (d), of this Agreement.
(d) Domer agrees to remain in the exclusive employ of City for an indefinite period and
shall neither accept other employment nor become employed by any other employer without the
prior written approval of the City Manager until notice of resignation is given.
The term "employed" (and derivations of that term as used in the preceding paragraph) shall
include employment by another legal entity or self employment, however, shall not be construed to
include occasional teaching, writing, consulting, or military reserve service performed on Domees
time off, and with the advance approval of the City Manager.
SECTION 3. SALARY. City agrees to pay Domer for his services rendered pursuant to
this Agreement at Range 721, Step A of the City's classification and compensation plan or
resolutions or ordinances from time to time enacted that govern such compensation.
SECTION 4. OTHER BENEFITS. Unless specifically modified herein, in addition to the
- -foregoing-benefits; -Domer-shall -also-receive-all-such- other -benefits -that -are -generally --applicable- to - --
nonassociated employees (department heads) hired after December 27, 1997, as set forth in City
Council Resolution No. 2010-15 (as amended), a copy of which is attached hereto as Exhibit "A"
and incorporated by this reference as though fully set forth herein, except that Domer shall pay the
full employee share (8% of salary) for his participation in PERS.
SECTION 5. ADMINISTRATIVE LEAVE. The City Manager may place Domer on
Administrative Leave with full pay and benefits at any time during the term of this Agreement.
SECTION 6. TERMINATION AND SEVERANCE PAY.
(a) Except as provided in subsection (b), in the event the City Manager terminates the
employment of Domer, and during such time that Domer is willing and able to perform his duties
under this Agreement, then, the City shall pay to Domer a severance payment equal to salary
payments which Domer would have been receiving over a twelve week period at Domer's current
rate of pay in effect on the day prior to the date of termination. In addition, for the lesser of ninety
(90) calendar days after the date of termination or the time Domer secures health and medical
insurance through attainment of comparable employment, the City shall maintain and pay for
health, medical, disability, the continuation of retirement benefits and life insurance in such
amounts and on such terms as have been received by Domer and Domer's dependents at the time of
such termination; however, no other or additional benefits shall accrue during this ninety (90)
calendar -day period.
13-3915/101151 2
(b)(1) Notwithstanding subsection (a) above, the following reasons shall constitute grounds
to terminate the employment of Domer without severance pay:
(i) a willful breach of this agreement or the willful and repeated neglect
by Domer to perform duties that he is required to perform;
(ii) conviction of any criminal act relating to employment with the City;
(iii) conviction of a felony.
(2) Prior to the time that the City Manager terminates Domer without severance
pay for any of the reasons set forth in Section (b)(1) above, and only in that case, the City Manager
shall provide Domer with written notice of proposed termination which contains the reason and
factual basis for such action. Within ten days of such notice, Domer may request an opportunity to
respond to the reasons and factual basis provided by the City Manager. If such a request to respond
is made, the City Manager shall conduct a meeting, which may be informal in nature, at which
Domer may respond to the notice of proposed termination. At such meeting, Domer may be
represented by an attorney of his choice and present evidence or information relevant to the reasons
and factual basis set forth in the notice of proposed termination. Subsequently, the decision of the
City Manager as to whether reasons set forth in Section (b)(1) exist or do not exist shall be final as
between the parties.
(c) In the event the City at any time during the term of this Agreement reduces the salary
of Domer from its then current year level, except as part of an across-the-board reduction for all
_ departrnent,heads of City, or in the event -City refuses,_ following written notice, to extend to _Domer
any nonsalary benefit customarily available to all department heads, or in the event Domer resigns
following a suggestion, whether formal or informal, by the City Manager that he resign, then, in
those events, Domer may, at his option, be deemed to be "terminated" at the date of such reduction
or such refusal to extend or such suggestion of resignation within the meaning and context of the
severance pay provision in paragraph (a) above; provided that such option to be deemed terminated
must be exercised by written notice from Domer to the City Manager within ten (10) working days
of notification of such reduction, refusal to extend, or suggestion of resignation. In that event, the
severance payment shall be calculated from the date Domer exercises the option to be deemed
terminated.
............................ .
(d) In the event Domer voluntarily resigns his position, Domer shall give City written
notice at least thirty (30) days prior to the last workday, unless the City Manager and Domer
otherwise agree.
(e) It is understood that after notice of termination in any form, Domer and City will
cooperate to provide for an orderly transition. Specific responsibilities during such transition may
be specified in a written separation agreement.
SECTION 7. DISABILITY. If Domer is totally disabled or otherwise unable to perform
his duties because of sickness, accident, injury, mental incapacity or ill health, he shall be eligible
for Disability Leave upon exhausting all accrued sick leave and vacation leave, and duty injury
leave if applicable. Disability Leave shall be unpaid and shall be approved by the City Manager for
a time period of up to three (3) months. The length of such time period of the Disability Leave shall
13-3915/101151 3
be dependent upon the length of the disability as demonstrated by Domer. If Domer is unable to
return to work at that time, City shall have the option to terminate the employment of Domer,
subject to the requirements imposed on the City by Section 6, paragraph (a).
SECTION 8. PERFORMANCE EVALUATION. The City Manager shall review and
evaluate in writing the performance of Domer at least once annually. That review and evaluation
shall be in accordance with specific criteria developed in consultation with Domer and the City
Manager. Those criteria may be added to or deleted from as the City Manager may from time to
time determine, in consultation with Domer.
SECTION 9. PROFESSIONAL DEVELOPMENT. City agrees to budget and pay for
professional memberships normally accorded department heads. Domer shall also receive paid
leave, plus registration, travel and reasonable expenses for short courses, conferences and seminars
that are necessary for his personal development and, in the judgment of the City Manager, for the
good of the City, and subject to budget limitations and to established travel policies and procedures.
SECTION 10. FINANCIAL DISCLOSURE. Domer shall report to the City Manager any
ownership interest in real property within the County of Orange, excluding personal residence.
Also, Domer shall report to the City Manager any financial interest greater than Ten Thousand
Dollars ($10,000) in value in a firm doing work for the City or from which the City intends to make
a.purchase...._Such..reporting shall_be. made._in writing by. Domer to. he. City. Manager_within
calendar days of the execution of this agreement and further within ten (10) calendar days of
acquisition of that interest in real property. Additionally, Domer shall report in writing to the City
Manager any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm
doing work for the City or from whom the City intends to make a purchase immediately upon notice
of the intended work or purchase.
SECTION 11. INDEMNIFICATION. City shall defend and indemnify Domer against any
- action, including but not limited to any: tort, professional liability claim or demand, or other
noncriminal legal, equitable or administrative action, whether groundless or otherwise, arising out of
an alleged act or omission occurring in the performance of Domer's duties as an employee or officer of
the City, other than an action brought by the City against Domer, or an action filed against the City by
Domer. In addition, the City shall pay the reasonable expenses for the travel, lodging, meals, and last
worktime of Domer should Domer be subject to such, should an action be pending after termination of
Domer. City shall be responsible for and have authority to compromise and settle any action, with
prior consultation with Domer, and pay the amount of any settlement or judgment rendered on that
action. Domer shall cooperate fully with the City in the settlement, compromise, preparation of the
defense, or trial of any such action.
13-3915/101151 4
SECTION 12. GENERAL PROVISIONS.
(a) The text here shall constitute the entire Agreement between the parties.
(b) This Agreement shall become effective commencing October 14, 2013.
(c) If any provision, or any portion of any provision, contained in this Agreement is held
unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or any
portion of it, shall be deemed severable, shall not be affected and shall remain in full
force and effect.
(d) No amendment of this Agreement shall be effective unless in writing and signed by
both parties hereto.
IN WITNESS WHEREOF, the City of Huntington Beach has caused this Agreement
to be signed and executed on its behalf by its City Manager, and Domer has signed and executed
this Agreement, both in duplicate, on �1,�2� /b , 2013.
CITY
Kenneth Omer
13-3915/101151 5
TON BEACH
Manager
OVED AS TO FORM:
City ttorney
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