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HomeMy WebLinkAboutPAUL EMERY - 2005-08-15 r � Council/Agency Meeting Held: 42A Deferred/Continued to: Appr ed ❑ Conditionally Approved ❑ Denied Ci Clerk' Sign e Council Meeting Date: 12/3/2007 Department ID Number: 07-23 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE IV14YOR AND MEMBERS OF THE CITY COUNCIL SUBMITTED BY: PENIELL OPE/CULBRETH GR T, PA, CITY ADMINISTRATOR PREPARED BY: PE�ELOPE ULBRETH-GRAFT, D A, CITY ADMINISTRATOR SUBJECT: APPOINTMENT OF INTERIM CITY ADMINISTRATOR Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Should the City Council appoint an internal candidate to the position of Interim City Administrator? Funding Source: The position of City Administrator is budgeted in the Fiscal Year 2007/2008. No additional funding is required. Recommended Action: Motion to: 1. Appoint an internal candidate to the position of Interim City Administrator, and 2. Authorize the City Attorney to execute the Employment Agreement between the City of Huntington Beach and the selected internal candidate to the position of Interim City Administrator effective January 3, 2008. Alternative Action(s): 1. Direct the City Administrator to engage an external search for an Interim City Administrator. Analysis: With the resignation of the City Administrator to be effective January 2, 2008, the City Council has considered applications for the Interim City Administrator position. Three internal candidates were interviewed by the City Council on November 30, 2007. Since the interviews were held after the agenda deadline, the name of the selected individual was not known at the time of the preparation of the agenda item. To ensure a timely and thorough transition between the current City Administrator and the Interim, it was considered important to set this matter for the December 3, 2007, agenda. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/3/2007 DEPARTMENT ID NUMBER: 07-23 It is proposed that the City Council discuss and consider the appointment of an in-house candidate to the position of Interim City Administrator effective January 3, 2008. If the Council selects a candidate for Interim at the conclusion of interviews on November 30, the contract will be made available to the public at noon on December 3, 2007. Strategic Plan Goal: City Services: Provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Environmental Status: N/A Attachment (sl: None Rage Nowhrer N,0,A ® - o -2- 11/27/2007 4:11 PM AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PAUL EMERY THIS AMENDMENT is made and entered into between the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "the City," and Paul Emery, hereinafter referred to as "Emery." WHEREAS, Emery is currently employed by the City as a Deputy City Administrator, and it is the desire of the City to retain the services of Emery as Interim City Administrator until the City appoints a permanent City Administrator; and It is the desire of the City and Emery to amend that certain agreement dated August 15, 2005 entitled"Employment Agreement Between the City of Huntington Beach and Paul Emery," hereinafter referred to as the "Original Agreement," to provide for the appointment of Emery as the Interim City Administrator; and It is the desire of City to: (1) provide inducement for Emery to become the Interim City Administrator and remain in City's employment; (2) make possible full work productivity by providing Emery with assurances regarding his employment; and (3) provide an equitable means for Emery to return to his current position upon City's selection of a-permanent City Administrator. NOW, THEREFORE, for and in consideration of the mutual promises, covenants and conditions herein contained, the parties hereto agree as follows: 1. APPOINTMENT AS INTERIM CITY ADMINISTRATOR Effective January 3, 2008, City hereby appoints Emery as the Interim City Administrator of the City of Huntington Beach to perform the functions and duties specified in the City Charter, and to perform other legally permissible duties and functions as the City 04agree/Emery amendment 1 F Council shall from time to time assign. Emery is a Charter Officer and'possesses the powers and is subject to the limitations of the Charter, including Sections 400 and 401. 2. TERM This Amendment shall remain in effect until a permanent City Administrator is selected by the City Council, or until terminated by either party as set-forth in Section 3 herein. 3. TERMINATION A. This Amendment will automatically terminate upon the City's appointment of a permanent City Administrator, or as otherwise provided herein. B. Either party may terminate this Amendment after providing the other party with a thirty-day (30) notice of intention to terminate this Agreement. Such notice can be provided at any time. C. Upon any termination hereof, Emery shall be returned to his previous position with City under the terms and conditions contained in the Original Agreement and any amendments, a copy of which is attached hereto as Exhibit "A""and incorporated by this reference as though fully set forth herein. 4. COMPENSATION During the term of this Amendment; City agrees to pay Emery 15% above his current base salary, payable in installments at the same time as other employees of City are paid. Emery shall receive the same percentage salary adjustment, if any, conferred upon the City's Non-Associated Employees. Except as specifically modified herein, all other terms and conditions of the Original Agreement related to compensation shall remain unchanged, and in full force and effect. 04agree/Emery amendment 2 5. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of PAUL EMERY California KZ REVIEWED AND APPROVED: c City Attorney74� 04agree/Emery amendment 3 }Cf f/ l3/7' EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PAUL EMERY Table of Contents Section Page 1 DUTIES 1 2 STATUS AND TERM 2 3 SALARY 3 4 OTHER BENEFITS 3 5 ADMINISTRATIVE LEAVE. 3 6 TERMINATION AND SEVERANCE PAY . 3 7 DISABILITY 5 8 PERFORMANCE EVALUATION 6 9 PROFESSIONAL DEVELOPMENT. 6 10 FINANCIAL DISCLOSURE . 6 11 INDEMNIFICATION. 6 12 GENERAL PROVISIONS 7 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PAUL EMERY THIS AGREEMENT is entered into between the City of Huntington Beach, a California municipal corporation, subsequently called "City," and Paul Emery, subsequently called "Emery." WITNESSETH The City Administrator has been empowered to appoint and remove Deputy City Administrators, with approval of the City Council; and The City, through the City Administrator, desires to employ the services of Paul Emery as a Deputy City Adminstrator 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 Emery; and It is the desire of the City to: (1) Secure and retain the services of Emery and to provide inducement for him to remain in such employment; (2) To provide a means for terminating Emery'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 Emery desires to accept employment as a Deputy City Administrator 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 Emery as a Deputy City Administrator of the City to perform the functions and duties of that office as set forth in the Municipal Code of 05aeree/Emery Deputy City Administrator 1 -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. Emery 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) Emery shall serve for an indefinite term at the pleasure of the City Administrator and shall be considered an at-will employee of the City. Emery's first day of work pursuant to this Agreement shall be August 16, 2005. (b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Administrator to terminate the employment of Emery 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 Emery 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) Emery 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 Emery's time off, and with the advance approval of the City Administrator. 05agree/Emery Deputy City Administrator 2 SECTION 3. SALARY. City agrees to pay Emery for his services rendered pursuant to this Agreement at Range 637, Step E 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, Emery 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 Exhibit A, attached hereto. SECTION 5. ADMINISTRATIVE LEAVE. City Administrator may place Emery on Administrative Leave with full pay and benefits at any time during the term of this Agreement. SECTION 6. TERMINATION AND SEVERANCE PAX. (a) Except as provided in subsection (b), in the event the City Administrator terminates the employment of Emery, and during such time that Emery is willing and able to- perform his duties under this Agreement, then,the City shall pay to Emery a severance payment equal to salary payments which Emery would have been receiving over a twelve week period at Emery'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 Emery 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 Emery and Emery'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 Emery without severance pay: 05asree/Emery Deputy City Administrator J (i) a willful breach of this agreement or the willful and repeated neglect by Emery to perform duties that he or she 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 Administrator terminates Emery without severance pay for any of the reasons set forth in Section (b)(1) above, and only in that.case, the City Administrator shall provide Emery with written notice of proposed termination which contains the reason and factual basis for such action. Within ten days of such notice, Emery 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 Emery may respond to the notice of proposed termination. At such meeting, Emery 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 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 the City at any time during the term of this Agreement reduces the salary of Emery from its then current year level, except as part of an across-the-board reduction for all department heads of City, or in the event City refuses, following written notice, to extend to Emery any nonsalary benefit customarily available to all department heads, or in the event Emery resigns following a suggestion, whether formal or informal,by the City Administrator that he or she resign,then.. in those events, Emery may, at his option, be deemed to be "terminated" at 05aeree/Emery Deputy City Administrator 4 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 Emery 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 Emery exercises the option to be deemed terminated. (d) In the event Emery voluntarily resigns his position, Emery shall give City written notice at least thirty (30) days prior to the last workday, unless the City Administrator and Emery otherwise agree. Unless there is agreement to the contrary, if Emery fails to provide such notice to the City Administrator, any right to accrued benefits for sick pay shall terminate. (e) It is understood that after notice of termination in any form, Emery 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. DISABILI'TY. If Emery is totally disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or ill health,he or 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 Emery. If Emery is unable to return to work at that time, City shall have the option to terminate the employment of Emery, subject to the requirements imposed on the City by Section 6, paragraph(a). 05agree/Emery Deputy City Administrator 5 SECTION 8. PERFORMANCE EVALUATION. The City Administrator shall review and evaluate in writing the performance of Emery at least once annually. That review and evaluation shall be in accordance with specific criteria developed in consultation with Emery and City Administrator. Those criteria may be added to or deleted from as the City Administrator may from time to time determine, in consultation with Emery. SECTION 9. PROFESSIONAL DEVELOPMENT. City agrees to budget and pay for professional memberships normally accorded department heads. Emery 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 Administrator, for the good of the City, and subject to budget limitations and to established travel policies and procedures. SECTION 10., FINANCIAL DISCLOSURE. Emery shall report to the City Administrator any ownership interest in real property within the County of Orange,'excluding personal residence. Also, Emery shall report to the City Administrator 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 Emery to the City 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, Emery 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 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 Emery against any action, including but not limited to any: tort, professional liability claim or demand, or other 05asreer'Emery Deputy City Administrator 6 noncriminal legal, equitable or administrative action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Emery's duties as an employee or officer of the City, other than an action brought by the City against Emery, or an action filed against the City by Emery. In addition, the City shall pay the reasonable expenses for the travel, lodging, meals, and lost worktime of Emery should Emery be subject to such, should an action be pending after termination of Emery. City shall be responsible for and have authority to compromise and settle any action, with prior consultation with Emery, and pay the amount of any settlement or judgment rendered on that action. Emery shall cooperate fully with the 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 August 16,2005. (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. IN WITNESS WHEREOF,the City of Huntington Beach has caused this Agreement to be signed and executed on its behalf by its City Administrator, and Emery has signed and 05agree/Emery Deputy City Administrator 7 executed this Agreement,both in duplicate,on August /6�,2005. THE CITY OF HUNTINGTON BEACH: By: Pen ope Culbreth-Gra Paul Eme City Administrator APPROVED AS TO FORM: YVT Jennifer cGrath, Cio Attorney i i 05agree/Emery Deputy City Administrator 8 RMA ROUTING SHEET INITIATING DEPARTMENT: City Administrator SUBJECT: Appointment of Interim City Administrator COUNCIL MEETING DATE: December3, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ 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 ❑ (Signed in full by the City Attorney) Not Applicable 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 EX PLANATION -'FOR u�ii O ING ATT C H t�lii Ch i`� REVIEWED RETURNED` FOR ARDE®:; Administrative Staff Deputy City Administrator Initial City Administrator (Initial) > City Clerk ) EXPLANATION FOR-RETURN OF ITEM: ® o - RCA Author: pgraft HB CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JENNIFER McGRATH, City Attorney DATE: December 3, 2007 SUBJECT: Late Communication City Council Meeting of December 3, 2007 Agenda Item Number E-6 Attached hereto is an Amendment to Employment Agreement between the City of Huntington Beach and the approved appointee for the position of Interim City Administrator. JENNIFER McGRATH City Attorney Attaclunent: Amended Employment Agreement C: Penelope Culbreth-Graft,City Administrator Paul Emery,Deputy City Administrator Bob Hall,Deputy City Administrator Joan Flynn, City Clerk 7 70/J City Council Interim City Administrator 12-3-07 Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied Ci C rk' igna e Council Meeting Date: August 15, 2005 Department Number: AS-05-020 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION o C: c, SUBMITTED TO: HONORABLE MAYOR CITY COUNCIL MEMBVS SUBMITTED BY: PENELOPE ULBRET -GRAFT, CITY ADMINISTRATOR , ZID PREPARED BY: CHARLES THOMAS, ACTING DIRECTOR OF ADMINISTRAtl T SERVICES SUBJECT: APPROVE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PAUL EMERY AS A DEPUTY CITY ADMINISTRATOR Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: A recruitment has been completed for the two positions of Deputy City Administrator. As a result, the City Administrator is recommending the appointment of Paul Emery to one of the positions as required by the City Charter. Funding Source: The position of Deputy City Administrator is a budgeted position in the fiscal year 2004/2005. No additional funding is required. Recommended Action: 1. Approve the appointment of Paul Emery to the position of Deputy City Administrator, and 2. Approve and authorize execution by the City Administrator the Employment Agreement between the City of Huntington Beach and Paul Emery for the position of Deputy City Administrator. Alternative-Action(s): Do not approve the appointment of Paul Emery for the position of Deputy City Administrator. REQUEST FOR ACTION MEETING DATE: August 15, 2005 DEPARTMENT ID NUMBER:AS-05-020 Analysis: On March 21, 2005, the Huntington Beach City Council approved changes to the citywide Table of Organization. The changes included the deletion of the Assistant City Administrator and Administrative Services Director positions and the addition of two Deputy City Administrators. One Deputy City Administrator would be assigned for internal City services while the other would work with development related City Departments. A Request for Proposal (RFP) process was initiated to identify and hire a consultant to conduct a recruitment for two Deputy City Administrators. The following consulting firms submitted proposals: Avery and Associates, The Davis Company, The Mills Group, Alliance Resources, Robert Consulting Group and Bob Murray and Associates. The proposals were reviewed and evaluated and a contract for professional services was awarded to Avery and Associates to conduct the recruitment. Avery and Associates is well known and respected in the field of executive recruitment in the public sector. The recruitment for was positive and resulted in 86 applications for the two positions. The applications were screened and six candidates were invited to an interview panel focusing on 'development services. The panel consisted of Fire Chief Duane Olson, City Attorney Jennifer McGrath, Building and Safety Director Ross Cranmer, City of Huntington Beach Community Services Commission Chairperson Dominick Tomaino, community member Steve Bone, and Huntington Beach Chamber of Commerce President Joyce Riddell City Administrator Dr. Penelope Culbreth-Graft conducted follow-up interviews with the finalists as recommended by the interview panel. As a result, she recommends City Council approval to appoint Paul Emery to the position of Deputy City Administrator for development services effective August 16, 2005. Mr. Emery has approximately 17 years of public employment experience, including as the Deputy Director of Public Works for the City of Huntington Beach for four years. He has been serving as the Acting Director for the Department since January of 2005. His resume is attached. Environmental Status: N/A Attachment(s): City Clerk's Page Number No. Description 1. Employment Agreement between the City of Huntington Beach and Paul Emery for the position of Deputy City Administrator 2. Resume of Paul Emery UADCA(development)RCA.dot -2- 8/2/2005 2:00 PM ATTACHMENT # 1 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PAUL EMERY Table of Contents Section Page 1 DUTIES l 2 STATUS AND TERM 2 3 SALARY 3 4 OTHER BENEFITS 3 5 ADMINISTRATIVE LEAVE. 3 6 TERMINATION AND SEVERANCE PAY . 3 7 DISABILITY 5 8 PERFORMANCE EVALUATION 6 9 PROFESSIONAL DEVELOPMENT. 6 10 FINANCIAL DISCLOSURE . 6 11 INDEMNIFICATION. 6 12 GENERAL PROVISIONS 7 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PAUL EMERY THIS AGREEMENT is entered into between the City of Huntington Beach, a California municipal corporation, subsequently called "City," and Paul Emery, subsequently called "Emery." ry. WITNESSETH The City Administrator has been empowered to appoint and remove Deputy City Administrators, with approval of the City Council; and The City,through the City Administrator, desires to employ the services of Paul Emery as a Deputy City Adminstrator 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 Emery; and It is the desire of the City to: (1) Secure and retain the services of Emery and to provide inducement for him to remain in such employment; (2) To provide a means for terminating Emery's service at such time as he may be unable full to discharge his duties due to disability or when City may otherwise desire to Y g Y Y Y terminate his employ; and Emery desires to accept employment as a Deputy City Administrator 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 Emery as a Deputy City Administrator of the City to perform the functions and duties of that office as set forth in the Municipal Code of 05agree/Emery Deputy City Administrator 1 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. Emery 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) Emery shall serve for an indefinite term at the pleasure of the City Administrator and shall be considered an at-will employee of the City. Emery's first day of work pursuant to this Agreement shall be August 16, 2005. (b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Administrator to terminate the employment of Emery 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 Emery 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) Emery 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 Emery's time off, and with the advance approval of the City Administrator. 05agree/Emery Deputy City Administrator 2 SECTION 3. SALARY. City agrees to pay Emery for his services rendered pursuant to this Agreement at Range 637, Step E 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, Emery 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 Exhibit A,attached hereto. SECTION 5. ADMINISTRATIVE LEAVE. City Administrator may place Emery 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 provided e t as ro ded in subsection b in the event the City Administrator O p p O, Y terminates the employment of Eme , and during such time that Emery is willing and able to Emery, g rY g perform his duties under this Agreement, then, the City shall pay to Emery a severance payment equal to salary payments which Emery would have been receiving over a twelve week period at Emery'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 Emery secures health and medical insurance through attainment of comparable employment, the City shall maintain and a for health, medical, disability, the continuation of retirement benefits and life pay Y insurance in such amounts and on such terms as have been received by Emery and Emery'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 Emery without severance pay: 05agree/Emery Deputy City Administrator 3 (i) a willful breach of this agreement or the willful and repeated neglect by Emery to perform duties that he or she 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 Administrator terminates Emery without severance pay for any of the reasons set forth in Section(b)(1) above, and only in that case, the City Administrator shall provide Emery with written notice of proposed termination which contains the reason and factual basis for such action. Within ten days of such notice, Emery 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 Emery may respond to the notice of proposed termination. At such meeting, Emery 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 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 the City at any time during the term of this Agreement reduces the salary of Emery from its then current year level, except as part of an across-the-board reduction for all department heads of City, or in the event City refuses, following written notice, to extend to Emery any nonsalary benefit customarily available to all department heads, or in the event Emery resigns following a suggestion, whether formal or informal, by the City Administrator that he or she resign,then, in those events, Emery may, at his option, be deemed to be "terminated" at 05agree/Emery Deputy City Administrator 4 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 Emery 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 Emery exercises the option to be deemed terminated. (d) In the event Emery voluntarily resigns his position, Emery shall give City written notice at least thirty(30) days prior to the last workday, unless the City Administrator and Emery otherwise agree. Unless there is agreement to the contrary, if Emery fails to provide such notice to the City Administrator, any right to accrued benefits for sick pay shall terminate. (e) It is understood that after notice of termination in any form, Emery 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 Emery is totally disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or ill health, he or 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 Emery. If Emery is unable to return to work at that time, City shall have the option to terminate the employment of Emery, subject to the requirements imposed on the City by Section 6, paragraph(a). 05agree/Emery Deputy City Administrator 5 SECTION 8. PERFORMANCE EVALUATION. The City Administrator shall review and evaluate in writing the performance of Emery at least once annually. That review and evaluation shall be in accordance with specific criteria developed in consultation with Emery and City Administrator. Those criteria may be added to or deleted from as the City Administrator may from time to time determine, in consultation with Emery. SECTION 9. PROFESSIONAL DEVELOPMENT. City agrees to budget and pay for professional memberships normally accorded department heads. Emery 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 Administrator, for the good of the City, and subject to budget limitations and to established travel policies and procedures. SECTION 10. FINANCIAL DISCLOSURE. Emery shall report to the City Administrator any ownership interest in real property within the County of Orange, excluding personal residence. Also, Emery shall report to the City Administrator 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 Emery to the City 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, Emery 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 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 Emery against any action, including but not limited to any: tort,professional liability claim or demand, or other 05agree/Emery Deputy City Administrator 6 noncriminal legal, equitable or administrative action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Emery's duties as an employee or officer of the City, other than an action brought by the City against Emery, or an action filed against the City by Emery. In addition, the City shall pay the reasonable expenses for the travel, lodging, meals, and lost worktime of Emery should Emery be subject to such, should an action be pending after termination of Emery. City shall be responsible for and have authority to compromise and settle any action, with prior consultation with Emery, and pay the amount of any settlement or judgment rendered on that action. Emery shall cooperate fully with the 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 August 16, 2005. (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. IN WITNESS WHEREOF,the City of Huntington Beach has caused this Agreement to be signed and executed on its behalf by its City Administrator, and Emery has signed and 05agree/Emery Deputy City Administrator 7 executed this Agreement,both in duplicate, on August�, 2005. THE CITY OF HUNTINGTON BEACH: By: Pen ope Culbreth-GrafA Paul Emery City Administrator APPROVED AS TO FORM: r Jennifer cGrath, CiO Attorney 5 05agree/Emery Deputy City Administrator 8 ATTACHMENT #2 Paul Emery Paul Emery Employment History 2005- Present City of Huntington Beach Acting Director of Public Works Serving as Acting Director of Public Works since January 2005, directing the activities of the four operating divisions of public works. Provide supervision to over 230 full time personnel in the delivery of infrastructure projects and services. Represent the City of Huntington Beach Public Works Department to outside community organizations including the Chamber of Commerce, Downtown Business Association and various neighborhood groups. Serve as a member of the city Executive Team in the development and coordination of city policies and programs. 2001-2005 City Of Huntington Beach Deputy Director of Public Works Direct/coordinate the work of Maintenance, Engineering, Transportation and Utilities Divisions in the delivery of public works services. Provide supervision over 90 full time personnel and performance review for over 230 full time professional,technical and field personnel. Oversee the development, implementation and ongoing review of a$60 million annual operating budget and a $31 million Capital Improvement Program. Coordinate the development of the Department work programs measuring business unit performance in relation to overall City goals and objectives. 1996-21101 City of Santa Ana Maintenance Services Manager Management of the City of Santa Ana Public Works Agency Maintenance Division. Oversight off of the delivery of maintenance services to the City including street maintenance, striping, signs, sweeping, street trees and graffiti removal. Leadership in the development of division performance objectives, process improvements and innovative product delivery.Supervision of a staff of sixty-five including selection, promotion, training,employee relations and the response to grievances and other personnel board matters. Member of the City management team in negotiations with the six hundred member Service Employees International Union (SEIU) in the development of the multi-year memorandum of understanding (MOU). Lead the development of the deferred capital program including the analysis of the valuation and the identification of the resources necessary to upgrade the infrastructure inventory. 1993—1996 City of Santa Ana Project Manager—Maintenance Management of maintenance projects including contractual administration of street tree, street painting, graffiti removal and weed abatement projects. Preparation, implementation and oversight of the Division's$10 million operating budget. Responsible for all Division liability claim administration including investigation, response to interrogatories, depositions and testifying in court. Division representative to the Agency Management Information Systems (MIS) committee providing oversight in the purchase and implementation of information systems including the City's Geographic information System (GIS). a , 1990— 1993 City of Santa Ana Project Manager—Transportation Planning Management of capital projects from conceptual planning through project construction/ completion, including the selection, retention and administration of professional services in construction management, engineering and architectural services. Duties included the preparation and oversight of the City's Capital Improvement Program, coordinating the development of the multi-year CIP with the input of multiple agencies. Project Manager for the City of Santa Ana$78'million Police Administration and Holding facility project. Grant application submittals and oversight for the utilization of intergovernmental resources. 1988—1990 City of Santa Ana Management Analyst Responsible for developing Public Works Agency annual budget involving over twenty activities budgets,three enterprise funds, and multiple capital funding sources. Departmental financial system development including monthly reports on activity expenditures, revenue forecasting, and capital project expenditures. Administrative duties including departmental newsletter and liability claim tracking. Education 1986- 1989 California State University, Fullerton Masters, Public Administration 1981 —1983 University of California, Davis Bachelor of Arts,Political Science Outstanding Graduating Senior—awarded for academic and athletic achievements. 1979—1981 Fullerton Community College Associate of Arts, Political Science Graduate with Scholastic Honors Stephen Joyner Memorial Award—awarded for leadership and citizenship. RCA ROUTING SHEET INITIATING DEPARTMENT: Administration SUBJECT: Approve Employment Agreement between the City of Huntington Beach and Paul Emery for the position of Deputy City Administrator COUNCIL MEETING DATE: August 15, 2005 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ 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) AttachedNot Applicable El(Signed in full by the City Attorne Attached Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attorney) El Certificates of Insurance (Approved by the City Attorney) NotApplicable Attached Applicable Attached Fiscal Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) AttachedNot Applicable Attached Staff Report (If applicable) Not Applicable Commission Board or Committee Re ort If applicable Attached P ( pp ) Not Applicable Findings/Conditions for Approval and/or Denial Attached Findin g pP Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) Assistant City Administrator Initial ( ) City Administrator Initial City Clerk ( ) EXPLANATION FOR RETURN OF ITEWgilrinrilmu iAi cJ , G (Below •. For Only) RCA Author: C. Thomas