HomeMy WebLinkAboutROBERT W. HALL - 2005-11-21 Council/Agency Meeting Held: 01 I
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied Cit ler ' S�at
Council Meeting Date: November 21, 2005 Department D Number: AD05-18
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR CITY COUNCIL, MEMBERS
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SUBMITTED BY: PEN ELO ; CU� -GRAF , CITY ADMINISTRATO9
PREPARED BY: CHARLES THOMAS, ACTING DEPUTY CITY ADMINIS*MO Tim
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SUBJECT: APPROVE EMPLOYMENT AGREEMENT BETWEEN TI- - TY.i�F
HUNTINGTON BEACH AND ROBERT W. HALL AS A DY QTI
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ADMINISTRATOR =r.
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Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental StaAus,Attac ent(s)
Statement of Issue:
A recruitment has been completed for the open position of Deputy City Administrator. As a
result, the City Administrator is recommending the appointment of Robert W. Hall to the
position as required by the City Charter.
Funding Source:
The position of Deputy City Administrator is a budgeted position in fiscal year 2005/2006. No
additional funding is required.
Recommended Action:
1. Approve the appointment of Robert W. Hall 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 Robert W. Hall for the position of Deputy City
Administrator.
Alternative Action(s):
Do not approve the appointment of Robert W. Hall for the position of Deputy City
Administrator.
0 REQUEST FOR ACTION S
MEETING DATE: November 21, 2005 DEPARTMENT ID NUMBER:AD05-18
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 had been initiated to identify and hire a consultant to
conduct a recruitment for both Deputy City Administrators positions. 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 was positive and resulted in 86 applications for the two positions. The
applications were screened for a Deputy City Administrator for City Services and eventually
three candidates were invited to an interview panel focusing on City Services. The panel
consisted of Fire Chief Duane Olson, City Attorney Jennifer McGrath, Director of Community
Services Jim Engle, Library Director Ron Hayden, City of Huntington Beach Personnel
Commission Chairperson Matthew Hunt, and Acting Deputy City Administrator Charles
Thomas.
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 Robert W. Hall to the position of Deputy City Administrator for City
Services effective December 5, 2005. Mr. Hall has approximately 17 years of public
employment experience. He most recently has been employed as the General Services
Director for the City of Riverside, California for approximately five and one-half years. He has
also served as the interim Human Resources Director for the City of Riverside.
Environmental Status:
N/A
Attachment(s):
City Clerk's
Page Number No. Description
1. Employment Agreement between the City of Huntington Beach and
Robert W. Hall for the position of Deputy City Administrator
2. Resume of Robert W. Hall
Document1 -2- 11/14/2005 2:58 PM
ATTACHMENT ONE
i •
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ROBERT W. HALL
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
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EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ROBERT W. HALL
THIS AGREEMENT is entered into between the City of Huntington Beach, a California
municipal corporation, subsequently called "City," and Robert W. Hall, subsequently called
"Hall."
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 Robert W.
Hall 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 Hall; and
It is the desire of the City to:
(1) Secure and retain the services of Hall and to provide inducement for him to
remain in such employment;
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(2) To provide a means for terminating Hall'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
Hall 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 Hall 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/Hall Deputy City Administrator 1
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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. Hall 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) Hall shall serve for an indefinite term at the pleasure of the City Administrator and
shall be considered an at-will employee of the City. Hall's first day of work pursuant to this
Agreement shall be December 5, 2005.
(b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the City Administrator to terminate the employment of Hall 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 Hall 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) Hall 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 Hall's time off, and with the advance approval of the City Administrator.
05agree/Hall Deputy City Administrator 2
SECTION 3. SALARY. City agrees to pay Hall for his services rendered pursuant to
this Agreement at Range 645, 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,Hall 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 Hall 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 Hall, and during such time that Hall is willing and able to perform
his duties under this Agreement,then,the City shall pay to Hall a severance payment equal to
salary payments which Hall would have been receiving over a twelve week period at Hall'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 Hall 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 Hall and Hall'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 Hall without severance pay:
05agree/Hall Deputy City Administrator 3
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(i) a willful breach of this agreement or the willful and repeated
neglect by Hall 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 Administrator terminates Hall 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 Hall with written notice of proposed termination which contains
the reason and factual basis for such action. Within ten days of such notice,Hall 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 Hall may respond to the notice of proposed termination. At such
meeting, Hall 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 Hall 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
Hall any nonsalary benefit customarily available to all department heads, or in the event Hall
resigns following a suggestion, whether formal or informal, by the City Administrator that he
resign,then, in those events,Hall 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
05agree/Hall Deputy City Administrator 4
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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 Hall 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 Hall exercises
the option to be deemed terminated.
(d) In the event Hall voluntarily resigns his position,Hall shall give City written
notice at least thirty(30)days prior to the last workday,unless the City Administrator and Hall
otherwise agree. Unless there is agreement to the contrary, if Hall 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,Hall 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 Hall 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
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 Hall. If
Hall is unable to return to work at that time, City shall have the option to terminate the
employment of Hall, subject to the requirements imposed on the City by Section 6,paragraph(a).
SECTION 8. PERFORMANCE EVALUATION. The City Administrator shall
review and evaluate in writing the performance of Hall at least once annually. That review and
evaluation shall be in accordance with specific criteria developed in consultation with Hall and
05agree/Hall Deputy City Administrator 5
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City Administrator. Those criteria may be added to or deleted from as the City Administrator
may from time to time determine, in consultation with Hall.
SECTION 9. PROFESSIONAL DEVELOPMENT. City agrees to budget and pay
for professional memberships normally accorded department heads. Hall 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. Hall shall report to the City
Administrator any ownership interest in real property within the County of Orange, excluding
personal residence. Also,Hall 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 Hall 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,Hall shall
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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 Hall 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 Hall's duties as an employee or officer
of the City, other than an action brought by the City against Hall, or an action filed against the City
05agree/Hall Deputy City Administrator 6
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by Hall. In addition,the City shall pay the reasonable expenses for the travel, lodging,meals, and
lost worktime of Hall should Hall be subject to such, should an action be pending after termination
of Hall. City shall be responsible for and have authority to compromise and settle any action,with
prior consultation with Hall, and pay the amount of any settlement or judgment rendered on that
action. Hall 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 December 12,2005.
(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 hereto.
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 Hall has signed and
05agree/Hall Deputy City Administrator 7
Y
executed this Agreement,both in duplicate, on November 21, 2005.
THE CITY OF HUNTINGTON BEACH:
By:
/Penelop Culbreth-Graft Robert W. Hall
City Administrator
APPROVED AS TO FORM:
�c
ennifer Mcdrath, City Attoray �Q S
05agree/Hall Deputy City Administrator 8
ATTACHMENT TW
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I Sep 13 05 05: 43p RVERY ASSOCIATES 408 399 4423 p. 2
CANDIDATE SUMMARY SHEET
NAME & ADDRESS EDUCATION
Robert W. Hall M.P.A.
California State University
San Bernardino, CA
B.S.
California State University
San Bernardino,CA
EXPERIENCE
General Services Director
City of Riverside, CA
2000-Present
Interim Human Resources Director
City of Riverside,CA
2003
Riverside Site Manager
Riverside Community College
1993-2000
Site Manager
Moreno Valley Campus
1991-1993
Grounds Manager
Riverside City Campus
1988-1991
ROBERT W. HALL
2649 Anna Street
SUMMARY OF EXPERIENCE AND OBJECTIVE
Eighteen years experience in Public Administration including higher education and municipal
government. Seeking a Deputy City Administrator level position in the City of Huntington
Beach, which will allow me to continue to grow professionally and provide a quality living
environment for my family.
EDUCATION
Master of Public Administration June, 1996
California State University, San Bernardino
Bachelor of Science June, 1985
California State University, San Bernardino
• PROFESSIONAL EXPERIENCE
CITY OF RIVERSIDE, Riverside,California
General Services
General Services Director March, 2000--Present
• Responsible for all aspects of facilities management for City Municipal Building and
Facilities.
• Develop and Administer Capital Improvement Plan for Municipal Building and Facilities
and present all necessary reports to relevant Boards,Commissions and City Council as
necessary.
• Responsible for City telecommunication system including maintenance, upgrades and
replacement cycles of equipment and funding strategies.
• Responsible for all Fleet Management Operations including replacement cycles, grant
funds and regulatory measures.
• Represent the City of Riverside as Board Member of Western Riverside County Clean
Cities Coalition.
• Serve as the City of Riverside's Real Property Manager.
• Responsible for all City property acquisition, disposal, and relocation for City
Departments.
• Responsible to develop and manage department budget for General Services including
presentations necessary to relevant Boards and City Council for adoption.
Human Resources
• Interim Human Resources Director March, 2003—October 2003
RIVERSIDE COMMUNITY COLLEGE, Riverside, California
Riverside Site Manager September, 1993--March 2000
Riverside City Campus
• Develop and administer District Capital Improvement Program including applications for
State funding and presentations at the State and Local level.
• Oversee construction projects.
• Plan and submit Capital Construction Plans as well as space inventory and load ratios.
• Oversee and plan the ADA remediation and transmission plan.
• Manage and supervise staff of 85 within the three District campuses.
• Project estimates; evaluate bids, development of specifications.
• Develop and administer district operations and maintenance budget exceeding$5 million.
Site Manager January, 199 1--September, 1993
Moreno Valley Campus
• Responsible for directing and assignment of work to maintenance and operations
employees.
• Participation in the development and administration of departmental operating budget.
• Develop goals and objectives for maintenance and operations department.
• Identify and submit projects for funding through the State Deferred Maintenance
Program.
• Assist in the development of District emergency and disaster preparedness plan.
• Oversee construction projects.
• Assist in interpreting college programs to the general public through community contacts
and participation in county and state activities.
Grounds Manager August, 1988- January, 1991
Riverside City Campus
• Responsible for directing and assignment of work for the Grounds Department
employees.
• Participation in the development and administration of department budget, goals and
objectives.
PROFESSIONAL AFFILIATIONS
• Past President Inland Empire Chapter,American Society for Public Administrators;
• Program Advisory Board, California State University San Bernardino, Public
Administration Department;
• Vice President, Riverside Sunrise Rotary
• • Riverside Clean Air Advisory Board
RCA ROUTING SHEET
INITIATING DEPARTMENT: Administration -City Services
SUBJECT: Approve Employment Agreement between the City of
Huntington Beach and Robert W. Hall for the position of
Deputy City Administrator
COUNCIL MEETING DATE: November 21, 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
Attached
Contract/Agreement (w/exhibits if applicable) Not Applicable ❑
(Signed in full by the City Attomey)
Attached ❑
Subleases, Third Party Agreements, etc. Not Applicable
(Approved as to form by City Attome )
Certificates of Insurance (Approved b the City Attome Attached ❑
( PP Y tY Y) Not Applicable
Attached
Fiscal Impact Statement (Unbud et, over $5,000) ❑
Not Applicable
If applicable) Attached ElBonds
( pp ) Not Applicable
ReReport If applicable) Attached El
p ( pp ) Not Applicable
Commission, Board or Committee Report ( applicable)ort If a licable) Attached ❑
Not A plicable
Findings/Conditions for Approval and/or Denial Attached ElFindin
9 pp Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff )
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial) ( )
City Clerk )
EXPLANATI N FOR RETURN OF ITEM:
(Below Space For City Clerk's Use Only)
RCA Author: C.Thomas