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HomeMy WebLinkAboutFALLON, MELANIE - Employment Agreement - Assistant City Administrator 9/21/98 - 1998-09-211 • q/� y F44L 04/ 06a �°�,esotirU�� Council/Agency Meeting Held: (000. /0 Deferred/Continued to: WAefpproved ❑ Conditionally Approved ❑ Denied _ .AC -;Pa Cit Clerk's Signature Council Meeting Date: September21, 1998 Department ID Number: CD98-42 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION 0 " n�M SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS — -nM SUBMITTED BY: RAY SILVER, City Administrator Aj?J > �r-< �c PREPARED BY: RAY SILVER, City Administrator � n SUBJECT: Approval of Employment Agreement for the Assistant City_ Administrator Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: City Council approval is required to for employment agreement for the position of Assistant City Administrator. Funding Source: Funding for this position is authorized in the 1998/99 Administration budget. Recommended Action: Motion to: "Approve and authorize the Mayor to execute the agreement between the City of Huntington Beach and Melanie Fallon to serve as the Assistant City Administrator." Alternative Action(s): Do not approve the employment agreement. 611 *-QUEST FOR COUNCIL AC7}6N MEETING DATE: September 21, 1998 DEPARTMENT ID NUMBER: CD98-42 Analysis• The City recruited statewide to fill the Assistant City Administrator vacancy. The Assistant City Administrator is responsible for coordinating all development and project related issues. In addition, the Assistant City Administrator is responsible for a number of organizational development programs and serves as the City Administrator in his absence. The all day testing process resulted in the recommendation that Melanie Fallon be selected as the new Assistant City Administrator. Melanie Fallon currently serves as the Director of Community Development for the City of Huntington Beach. She has previously served as Deputy Planning Director for the City of Los Angeles, Planning Director for the City of Santa Ana, and various other positions for cities of Manhattan Beach, Inglewood and Santa Monica. The City Administrator is recommending Melanie Fallon to fill the position of Assistant City Administrator. Environmental Status: Attachment(s): RCA Author: CD98-42 -2- 09/10/98 11:45 AM • 0 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MELANIE S. FALLON THIS AGREEMENT, is made and entered into this 21" day of September, 1998, between the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "the City," and Melanie S. Fallon, hereinafter referred to as "Fallon." WHEREAS, the City Administrator has been empowered to appoint and remove the Assistant City Administrator, with approval of the City Council; and The City, through the City Administrator, desires to employ the services of Melanie S. Fallon as the Assistant City Administrator of the City; and It is the desire of the City to provide certain benefits, establish certain conditions of employment, and to set working conditions of Fallon; and It is the desire of the City to: (1) Secure and retain the services of Fallon and to provide inducement for her to remain in such employment; (2) To provide a means for terminating Fallon's service at such time as she may be unable fully to discharge her duties due to disability or when the City may otherwise desire to terminate her employ; and Fallon desires to accept employment as the Assistant 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 Fallon as the Assistant City Administrator 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 4/sA-98Agree:Fallon RLS 98-529 8/28/98 • legally permissible duties and functions as the City Administrator shall from time to time assign. Fallon shall devote 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) Fallon shall serve for an indefinite term at the pleasure of the City Administrator and shall be considered an at -will employee of city. (b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Administrator to terminate the employment of Fallon 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 Fallon 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) Fallon agrees to remain in the exclusive employ of the 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 Fallon's time off, and with the advance approval of the City Administrator. SECTION 3. SALARY. The City agrees to pay Fallon for her services rendered pursuant to this Agreement at Range 617, Step D of the City's classification and compensation plan or resolutions or ordinances from time to time enacted that govern such compensation. 2 4/sA-98Agree:FalIon RLS 98-529 8/28/98 • �J SECTION 4. OTHER BENEFITS. Fallon shall also receive all such other benefits including any salary increases that are generally applicable to non -associated employees as of the date of this Agreement, and as may be amended after the date of this Agreement, including but not limited to health (includes dental and vision) insurance, life insurance, sick leave, deferred income package, income protection plan, holidays, vacation, bereavement and family illness leave, and physical examination and payment of Fallon's PERS contribution. Except as otherwise provided in this Agreement, the benefits shall be subject to the rights and restrictions otherwise applicable to non -safety non -associated employees during the term of this Agreement. The City will pay an auto allowance of $475.00 per month as reimbursement for the use of Fallon's personal auto on City business. Fallon will primarily use Fallon's personal auto for City business, and will use City vehicles on an exception basis only. This provision does not in any way restrict Fallon's use of her personal automobile for personal use. The auto allowance will increase only upon specific City Council action, or when department head auto allowances are increased, in which case Fallon's auto allowance will be adjusted equally. The City will continue to provide a car cellular telephone and a pager and will pay the monthly expenses incurred for City business; Fallon will reimburse the City for personal use. SECTION 5. ADMINISTRATIVE LEAVE, RETIREMENT (a) Fallon shall be credited with 10 days paid administrative leave per year. The amount of administrative leave will increase only upon specific City Council action, or when department head administrative leave is increased, in which case Fallon's administrative leave will be increased equally. 4/s:4-98Agree: Fallon RLS 98-529 8/28/98 0 • (b) PERS Retirement Plan will be utilized on the single highest year compensation formula with the City paying both the City's and Fallon's full PERS contributions. SETION 6. VACATION. Fallon shall provide the City Administrator with reasonable notice prior to taking two or more vacation or administrative leave days off. Fallon's vacation accrual rate will be the same as that provided to department heads with one to four years of service with the City, andshall be increased upon.additional years of service with the City as provided in the City's Personnel Rules and Regulations. SECTION 7. TERMINATION AND SEVERANCE PAY. (a) Except as provided in subsection (b), in the event the City Administrator terminates the employment of Fallon, and during such time that Fallon is willing and able to perform her duties under this Agreement, then the City shall pay to Fallon a severance payment equal to salary payments which Fallon would have been receiving over a sixteen week period at Fallon's current rate of pay in effect on the day prior to the date of termination. In addition, for the lesser of one hundred twenty (120) calendar days after the date of termination or the time Fallon 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 Fallon and Fallon's dependents at the time of such termination; however, no other or additional benefits shall accrue during this one hundred twenty (120) calendar day period. (b) (1) Notwithstanding subsection (a) above, the following reasons shall constitute grounds to terminate the employment of Fallon without severance pay: (i) a willful breach of this Agreement or the willful and repeated neglect by Fallon to perform duties that she is required to perform; 4 4/sA-98AgreeTallon RLS 98-529 8/28/98 • (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 Fallon 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 Fallon with written notice of proposed termination which contains the reason and factual basis for such action. Within ten days of.such notice, Fallon 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 Fallon may respond to the notice of proposed termination. At such meeting, Fallon 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 the City at any time during the term of this Agreement reduces the salary of Fallon from its then current year level, except as part of an across-the-board reduction for all Department Heads of the City, in or the event the City refuses, following written notice, to extend to Fallon any nonsalary benefit customarily available to all Department Heads, or in the event Fallon resigns following a suggestion, whether formal or informal, by the City Administrator that she resign, then, in those events, Fallon 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 Fallon to the City Administrator within ten (10) working days of notification of such 4/s:4-98Agree: Fallon RLS 98-529 8/28/98 • • reduction, refusal to extend, or suggestion of resignation. In that event, the severance payment shall be calculated from the date Fallon exercises the option to be deemed terminated. (d) In the event Fallon voluntarily resigns her position, Fallon shall give the City written notice at least thirty (30) days prior to the last workday, unless the City Administrator . and Fallon otherwise agree. Unless there is agreement to the contrary, if Fallon 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, Fallon and the City will cooperate to provide for an orderly transition. Specific responsibilities during such transition may be specified in a written separation agreement. SECTION 8. DISABILITY. If Fallon 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 Fallon. If Fallon is unable to return to work at that time, the City shall have the option to terminate the employment of Fallon, subject to the requirements imposed on the City by Section 6, paragraph (a). SECTION 9. PERFORMANCE EVALUATION. The City Administrator shall review and evaluate in writing the performance of Fallon at least once annually, That review and evaluation shall be in accordance with specific criteria developed in consultation with Fallon 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 Fallon. Fallon shall be eligible for a merit 6 4/s:4-98Agree: Fallon RLS 98-529 8/28/98 salary increased to " E" step upon the first year anniversary of this Agreement subject to approval of the City Administrator. SECTION 10. PROFESSIONAL DEVELOPMENT. (a) The City agrees to budget and to pay for the professional dues and subscriptions necessary .to Fallon's participation in national, regional, state and local associations and organizations necessary and desirable for her continued professional participation, growth and advancement and for the good of the City. (b) The City agrees to budget and to pay for the travel and subsistence expenses of Fallon for professional and official travel, meetings and occasions adequate to continue the professional development of Fallon and to adequately pursue necessary official and other functions for the City, including but not limited to the Annual Conference of the International City Management Association, the League of California Cities, the League City Managers' conference and such other national, regional, state and local government groups and committees thereof on which Fallon serves as a member. Fallon shall pay for all expenses of her spouse if he accompanies her on such trips. (c) The City agrees to budget and to pay for the travel and subsistence expenses of Fallon for short courses, institutes and seminars that are necessary for her professional development and for the good of the City. SECTION 11. FINANCIAL DISCLOSURE. Fallon shall report to the City Administrator any ownership interest in real property within the County of Orange, excluding personal residence. Also, Fallon 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 Fallon to 7 4/s:4-98 Agree: Fal lon RLS 98-529 8/28/98 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, Fallon 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 12. INDEMNIFICATION. The City shall defend and indemnify Fallon 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 Fallon's duties as an employee or officer of the City, other than an action brought by the City against Fallon, or an actionfiled against the City by Fallon. In addition, the City shall pay the reasonable expenses for the travel, lodging, meals, and lost worktime of Fallon should Fallon be subject to such, should an action be pending after termination of Fallon. The City shall be responsible for and have authority to compromise and settle any action, with prior consultation with Fallon, and pay the amount of any settlement or judgment rendered on that action. Fallon shall cooperate fully with the City in the settlement, compromise, preparation of the defense, or trial of any such action. 13. BONDING. The City shall bear the full costs of any fidelity or other bonds required of Fallon under any law or ordinance. 14. OTHER TERMS AND CONDITIONS OF EMPLOYMENT. (a) The City Council, in consultation with Fallon, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of 8 4/s:4-9 8Agree: Fallon RLS 98-529 8/28/98 r Fallon, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter or any other law. (b) All provisions of the City Charter and Code, and regulations and rules of the City relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Fallon as they would to non -associated employees (department heads) of the City in addition to said benefits enumerated specifically for the benefit of Fallon except as herein provided. (c) Such other benefits as the City Council may authorize and grant in the future shall be included within the terms of this Agreement as if specifically amended into this Agreement. 15. NOTICES. Any notice required or permitted by this Agreement shall be in writing and•shall-be personally served or shall be sufficiently given and deemed served: upon the other party if sent by United States Postal Service, first class postage prepaid, and addressed as follows: TO CITY City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 TO FALLON Melanie S. Fallon Assistant City Administrator City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service. 16. GENERAL PROVISION. (a) The text herein shall constitute the entire Agreement between the parties. 9 4/sA-98Agree:Fallon RLS 98-529 8/28/98 0 0 (b) This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Fallon. (c) This Agreement shall become effective upon October 1, 1998. (d) If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the City has caused this Agreement to be signed and duly executed on its behalf of its Mayor, and duly attested by its City Clerk, and Fallon has signed and executed this Agreement on the day and year first above written. FALLON: .c.� P Melanie S. Fallon ATTEST: 10 4/sA-98AgreeTallon RLS 98-529 8/28/98 THE CITY: CITY OF HUNTINGTON BEACH, a municipal co oration Mayor APPRQVED AST FORM: City' Attoyney �� g RCA ROUTING SHEET INITIATING DEPARTMENT: - Administration SUBJECT: Employment Agreement for Assistant City Administrator COUNCIL MEETING DATE: I September 21, 1998 Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable .Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable RCA Author: