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HomeMy WebLinkAboutMICHELE CARR - 2007-06-18C(l e, / 4 C/4- Council/Agency Meeting Held: 'r o Deferred/Continued to: Approved ❑ Conditionally A roved ❑ Denied ity erk' ignat e Council Meeting Date: 6/18/2007 Department ID Number: HR 07-07 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Cou ' Members SUBMITTED BY: P nelope C breth-Graft, City Admi is rator lie PREPARED BY: Robert Hall Deputy City Administrator p Y Y SUBJECT: APPROVAL OF EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MICHELE CARR AS DIRECTOR OF HUMAN RESOURCES Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Recruitment has been completed for the position of Director of Human Resources. As a result, the City Administrator is recommending the appointment of Michele Carr to the position as required by the City Charter. Funding Source: The position of Director of Human Resources is a budgeted position as part of the reorganization approved by Council on February 20, 2007. Recommended Action: Motion to: 1. Approve the appointment of Michele Carr to the position of Director of Human Resources, and 2. Approve and authorize the City Administrator to execute the Employment Agreement between the City of Huntington Beach and Michele Carr for the position of Director of Human Resources. Alternative Action(s): Do not approve the appointment of Michele Carr for the position of Director of Human Resources. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/18/2007 DEPARTMENT ID NUMBER: HR 07-07 Analysis: On February 20, 2007, the City Council approved the City's reorganization which included a new Human Resources Department. Prior to that time, the Human Resources function has been part of the City Administrator's Office and Deputy City Administrator of City Services has been assuming those responsibilities. The City retained Alliance Resource Consulting LLC to conduct recruitment for Director of Human Resources. The recruitment resulted in 43 applicants for the position. City Administrator Dr. Penelope Culbreth-Graft and Deputy City Administrator Bob Hall conducted follow-up interviews with the finalists. As a result, she recommends the City Council's approval to appoint Michele Carr to the position of Director of Human Resources for the City of Huntington Beach effective July 23, 2007. Strategic Plan Goal: C-2 The Human Resources Director will play a key role in providing the staffing necessary so the City can provide quality public services with the highest professional standards to meet the needs of the community. Environmental Status: N/A Attachment(s): -2- 6/8/2007 4:40 PM ATTACHMENT #1 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MICHELE S. CARR Table of Contents Section Page 1 DUTIES 2 2 STATUS AND TERM 3 3 SALARY 2 4 OTHER BENEFITS 3 5 ADMINISTRATIVE LEAVE. 3 6 TERMINATION AND SEVERANCE PAY. 3 7 DISABILITY 5 8 PERFORMANCE EVALUATION 5 9 PROFESSIONAL DEVELOPMENT. 6 10 FINANCIAL DISCLOSURE. 6 11 INDEMNIFICATION. 6 12 GENERAL PROVISIONS 6 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MICHELE S. CARR 1?14' THIS AGREEMENT is entered into this day of ��� , 2007, between the City of Huntington Beach, a California municipal corporation, subsequently called "City," and Michele S. Carr, subsequently called "Carr." WITNESSETH The City Administrator has been empowered to appoint and remove department heads, with approval of the City Council; and The City, through the City Administrator, desires to employ the services of Carr as a department head, Director of Human Resources 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 Carr; and It is the desire of the City to: (1) Secure and retain the services of Carr and to provide inducement for her to remain in such employment; (2) To provide a means for terminating Carr's service at such time as she may be unable fully to discharge her duties due to disability or when City may otherwise desire to terminate her employ; and Carr desires to accept employment as Director of Human Resources of the City; NOW, THEREFORE, in consideration of the mutual covenants here contained, the parties agree as follows: SECTION 1. DUTIES. City agrees to employ Carr as Director of Human Resources 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 Administrator shall from time to time assign. Carr shall devote PDA: 07agree: Employment Contract —Michele Carr —Director of Human Resources her full attention and effort to the office and perform the mentioned duties and functions in a professional manner. SECTION 2. STATUS AND TERM. (a) Carr shall serve for an indefinite term at the pleasure of the City Administrator and shall be considered an at -will employee of the City. (b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Administrator to terminate the employment of Carr at any time, subject only to the provisions set forth in Section 6, paragraphs (a), (b) and (c) of this Agreement, and Section 401 of the Charter of the City of Huntington Beach. (c) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Carr to resign at any time from her position with the City, subject only to the provisions set forth in Section 6, paragraph (d), of this Agreement. (d) Carr agrees to remain in the exclusive employ of City for an indefinite period and shall neither accept other employment or become employed by any other employer without the prior written approval of the City Administrator 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 Carr's time off, and with the advance approval of the City Administrator. SECTION 3. SALARY. City agrees to pay Carr for her services rendered pursuant to this Agreement at Range 681, 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. In addition to the foregoing benefits, Carr 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 Huntington Beach City Council Resolution No. 2007-8, entitled "A Resolution Of The City Council Of The City Of Huntington Beach Modifying Salary And Benefits For Non -Represented Employees," a copy of which is PDA: 07agree: Employment Contract— Michele Carr— Director of Human Resources attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. The benefits provided to Carr pursuant to this section may be modified by City from time to time, upon adoption of a successor resolution. Additionally, upon approval of the City Administrator, City will reimburse Carr her reasonable moving and relocation expenses in an amount not to exceed Ten Thousand Dollars ($10,000.00). SECTION 5. ADMINISTRATIVE LEAVE. City Administrator may place Carr 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 Administrator terminates the employment of Carr, and during such time that Carr is willing and able to perform her duties under this Agreement, then City shall pay to Carr a severance payment equal to salary payments which Carr would have been receiving over a twelve week period at Carr'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 Carr 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 Carr and Carr's dependents at the time of such termination; however, no other or additional benefits shall accrue during this ninety (90) calendar -day period. (b)(1) Notwithstanding subsection (a) above, the following reasons shall constitute grounds to terminate the employment of Carr without severance pay: (i) a willful breach of this agreement or the willful and repeated neglect by Carr to perform duties that he or she is required to perform; (ii) conviction of any criminal act relating to employment with City; (iii) conviction of a felony. (2) Prior to the time that the City Administrator terminates Carr without severance pay for any of the reasons set forth in Section (b)(1) above, and only in that case, the PDA: 07agree: Employment Contract — Michele Carr — Director of Human Resources City Administrator shall provide Carr with written notice of proposed termination which contains the reason and factual basis for such action. Within ten days of such notice, Carr may request an opportunity to respond to the reasons and factual basis provided by the City Administrator. If such a request to respond is made, the City Administrator shall conduct a meeting, which may be informal in nature, at which Carr may respond to the notice of proposed termination. At such meeting, Carr may be represented by an attorney of her 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 Administrator 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 City at any time during the term of this Agreement reduces the salary of Carr from its then current year level, except as part of an across-the-board reduction for all Directors of City, or in the event City refuses, following written notice, to extend to Carr any nonsalary benefit customarily available to all Directors, or in the event Carr resigns following a suggestion, whether formal or informal, by the City Administrator that she resign, then, in those events, Carr may, at her 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 Carr to the City Administrator 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 Carr exercises the option to be deemed terminated. (d) In the event Carr voluntarily resigns her position, Carr shall give City written notice at least thirty (30) days prior to the last workday, unless the City Administrator and Carr otherwise agree. Unless there is agreement to the contrary, if Carr fails to provide such notice to the City Administrator, any right to accrued benefits for general leave pay shall terminate. 4 PDA: 07agree: Employment Contract — Michele Carr — Director of Human Resources (e) It is understood that after notice of termination in any form, Carr 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 Carr is totally disabled or otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity or ill health, she 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 Administrator for a time period of up to three (3) months. The length of such time period of the Disability Leave shall be dependent upon the length of the disability as demonstrated by Carr. If Carr is unable to return to work at that time, City shall have the option to terminate the employment of Carr, subject to the requirements imposed on City by Section 6, paragraph (a). SECTION 8. PERFORMANCE EVALUATION. The City Administrator shall review and evaluate in writing the performance of Carr at least once annually. That review and evaluation shall be in accordance with specific criteria developed in consultation with Carr and the City Administrator. Those criteria may be added to or deleted from as the City Administrator may from time to time determine, in consultation with Carr. SECTION 9. PROFESSIONAL DEVELOPMENT. City agrees to budget and pay for Carr's professional memberships as normally accorded to department heads. Carr shall also receive paid leave, plus registration, travel and reasonable expenses for short courses, conferences and seminars that are necessary for her personal development and, in the judgment of the City Administrator, for the good of the City, and subject to budget limitations and to established travel policies and procedures. SECTION 10. FINANCIAL DISCLOSURE. Carr shall report to the City Administrator any ownership interest in real property within the County of Orange, excluding personal residence. Also, Carr shall report to the City Administrator any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for City or from which City intends to make a purchase. Such reporting shall be made in writing by Carr to the City PDA: 07agree: Employment Contract — Michele Carr — Director of Human Resources Administrator within ten (10) calendar days of the execution of this agreement and further within ten (10) calendar days of acquisition of that interest in real property. Additionally, Carr shall report in writing to the City Administrator any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for City or from whom City intends to make a purchase immediately upon notice of the intended work or purchase. SECTION 11. INDEMNIFICATION. City shall defend and indemnify Carr 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 Carr's duties as an employee or officer of City, other than an action brought by City against Carr, or an action filed against City by Carr. In addition, City shall pay the reasonable expenses for the travel, lodging, meals, and lost worktime of Carr should Carr be subject to such, should an action be pending after termination of Carr. City shall be responsible for and have authority to compromise and settle any action, with prior consultation with Carr, and pay the amount of any settlement or judgment rendered on that action. Carr shall cooperate fully with City in the settlement, compromise, preparation of the defense, or trial of any such action. SECTION 12. GENERAL PROVISIONS. (a) The text here shall constitute the entire Agreement between the parties. (b) This Agreement shall become effective commencing/8 , 2007. (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 here. PDA: 07agree: Employment Contract — Michele Carr — Director of Human Resources IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its City Administrator, and Carr has signed and executed this Agreement, both in duplicate, the day and year first above written. CITY: ity Admin trator APPROVED AS TO FORM: C ty Attorney 7 PDA: 07agree: Employment Contract — Michele Carr — Director of Human Resources ATTACHMENT #2 Michele S. Carr Summary of Qualifications: ❖ Seventeen Years Progressively Responsible Human Resources and Administrative Experience ❖ Seven Years Of Community College Human Resources Experience ❖ Experience In Developing, Reviewing And Administering Policy And Procedure ❖ Strong Managerial And Supervisory Ability ❖ Broad Human Resources Knowledge Including Public Sector, Private Sector And Higher Education Entities Skills/Abilities: Project Management Team Player Strategic Planner Change Agent Solution -Oriented Education: Bachelor of Business Administration University of Michigan - Ann Arbor Master of Business Administration California State University — Bakersfield Technical Expertise: Familiar with all aspects of Community College and local Government Human Resources Administration including but not limited to Contract Negotiations, Grant Application and Administration, Project Management, Program Management and Development, IT Infrastructure Development, Procurement, Budgeting. Recruitment, Retention, Training, labor Relations, Benefits Administration, Workers' Compensation Administration, Risk Management, Classification and Compensation Administration. City of Delano January 2000 — Present Director of Human Resources Oversee recruitment and retention activities, serve as the chief labor negotiator, prepare and administer contract language, serve as Personnel/Hearing officer, respond to grievances, administer the City's classification and compensation plan, work with agents/brokers to procure employee benefits, supervise the administration of all compensation and benefit plans, coordinate staff training; perform contract negotiations and administration, Responsible for human resources and risk management functions, grant application and administration, department/division budget development and administration, development of consultant agreements and resolutions. Prepare City Council agenda items, make Council presentations. Resolve community issues and conflicts. Manage private -sector code enforcement program contract. Negotiate with vendors and organizations and establish working contracts. Responsible for administrative oversight of Information Technology division and coordinate all Information Technology and non - safety communications services. Responsible for the development and administration of special contracts and projects with a variety of agencies. Assist the City Manager in the development of goals, objectives and overall strategic planning. Prepare and oversee the development and implementation of department budgets. Represent the City as required at the local, regional and state level. Michele S. Carr Porterville College August 1993 — April 2900 ,Director, Human Resources Responsible for college -wide human resources administration. Served as the College Human Resources Officer with oversight of full and part-time faculty and staff recruitment, administration of college and district policy and procedure including Title V, HfERA and Education Code, and resolution of staff labor relations issues. Coordinated benefits and compensation programs for life, health, workers' compensation, retirement and other related matters. Work with college and district administrative personnel to review and modify job descriptions and salary classifications when required. Coordinate and monitor classified evaluation processeg. Work with Deans and assist with issues related to academic staff evaluations. Process and submit to district board action requests for personnel actions. Advertise and recruit for non -student position vacancies. Develop, revise and administer various college polices and operational procedures. Serve as the college affirmative action officer. Participate in long-range personnel planning and budgeting. Serve as a member of the district classified bargaining team. Target Stores August 1989 — July 1993 Personnel Manager Coordinated and administered all store personnel operations. Conducted a variety of recruitment and employment activities, including, staffing management, new employee orientation, and payroll. Supervised and monitored all hourly staff scheduling. Performed wage and compensation surveys. Processed requests for employment changes including, promotions, demotions, wage adjustments, etc. Responsible for workers' compensation claims management and administration. Processed and administered leave requests; supervised clerical and reception staff. Processed fringe benefit enrollment and plan changes. Trained new personnel managers within the district. Participated in district and regional meetings and committees. Current Professional Memberships and Associations ❖ Society for Human Resources Management (SHRM) ❖ California Public Employers Labor Relations Association (CalPELRA) ❖ Public Agency Risk Management Association (PARMA) ❖ American Society for Public Administration (ASPA) ❖ Municipal Management Association of Northern California (MMANC) Previous Professional Memberships and Associations ❖ Association of California Community College Administrators (ACCCA) ❖ Association of Chief Human Resource Officers/Equal Employment Officers (ACHRO/EED) ❖ College 6 University Professional Association for Human Resources (CUPA-HR) RCA ROUTING SHEET INITIATING DEPARTMENT: Human Resources SUBJECT: Employment Agreement with Michele Carr COUNCIL MEETING DATE: .tune 18, 2007 Ordinance (w/exhibits & legislative draft if applicable) Attached LJ Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached Not Applicable ❑ (Signed in full by the City Attorney) Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable ❑ Bonds (If applicable) Attached ❑ Not Applicable ❑ Staff Report (If applicable) Attached ❑ Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable ❑ RCA Author: