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HomeMy WebLinkAboutREEKSTIN, JOHN - Employment Agreement - Director of Administrative Services 12/21/98 - 1998-12-21 Dsrrss Council/Agency Meeting Held: Def�rredlContinued to: Appro e d El Condit!onally A proved ❑ Denied J)E� a Clerk's Si nature Council Meeting Date: December 21, 1998 Department ID Number: CITY OF HUNTINGTON BEACH "' REQUEST FOR COUNCIL ACTION C-3 SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS > SUBMITTED BY: RAY SILVER, City Administrator4W / PREPARED BY: RAY SILVER, City Administrator SUBJECT: APPROVE SELECTION OF THE DIRECTOR OF ADMINISTRATIVE SERVICES ==StadienmiendtIssue,Funding Source,Recommended Action,Alternative Actionls),Analysis,Environmental Status,Attachmentls) Statement of Issue: City Council approval of the appointment of John P. Reekstin as Director of Administrative Services. Fundina Source: This position is funded in the 1998/99 City General Fund Budget. Recommended Action: Motion to: 1. Approve the recommendation of the City Administrator to hire John P. Reekstin as the Director of Administrative Services. 2. Approve the contract for the position of Director of Administrative Services and authorize the City Administrator and City Clerk to execute same. Alternative Action(s): 1. Do not appoint John P. Reekstin and direct staff to reopen recruitment for the Director of Administrative Services. r R%UEST FOR COUNCIL ACTIA MEETING DATE: December 21, 1998 DEPARTMENT ID NUMBER: Analysis: The city's Personnel Department has completed an extensive recruitment process for a new Director of Administrative Services. The city also retained Shannon & Associates to conduct a supplemental selective search. The city received over 90 applications for this key position. All applications were screened by the City Administrator in an effort to identify the top candidates to put through an oral board which was conducted by the city. Mr. Reekstin will begin work with the city of Huntington Beach on Monday, January 4, 1999. Mr. Reekstin's public service career began in Santa Ana, California where he worked as the Administrative Services Manager and in other positions for the Community Development Agency for the past 11 years. He is very experienced in real estate, bond financing, finance, budgeting, and personnel matters. He will be an excellent addition to the organization and the community. Environmental Status: Not applicable. Attachment(s1: DescriptionCity Clerk's Page NLI111ber No. 1. Employment Contract with John P. Reekstin RCA Author: rcareadminsms.doc -2- 12/14/98 11:00 AM EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND JOHN REEKSTIN 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 TERvIINATION 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 7 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND JOHN REEKSTIN THIS AGREEMENT is entered into this day of December 1998, between the City of Huntington Beach, a municipal corporation, subsequently called "City," and John Reekstin, subsequently called "Department Head." WITNESSETH The City Administrator has been empowered to appoint and remove Department Heads, with approval of the Council; and The City, through the City Administrator, desires to employ the services of John Reekstin as a Department Head, Director of Administrative Services 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 that Department Head; and It is the desire of the City to: (1) Secure and retain the services of the Department Head and to provide inducement for him to remain in such employment; (2) To provide a means for terminating Department Head'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 Department Head desires to accept employment as Director of Administrative Services of the City; NOW, THEREFORE, in consideration of the mutual covenants here contained, the parties agree as follows: 1 adl/98Agree/Reeksiin RL5 98-815-12/14/98 SECTION 1. DUTIES. City agrees to employ John Reekstin as Director of Administrative Services 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. The Department Head 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) The Department Head 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 the Department Head 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 the-Department Head 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) Department Head 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 Department Head's time off, and with the advance approval of the City Administrator. 2 adl;%Agree'Reekstin RLS 98-815-12/14i98 SECTION 3. SALARY. City agrees to pay Department Head for his services rendered pursuant to this Agreement at Range 593, Step D 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, Department Head 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 the Department Head 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 the Department Head, and during such time that Department Head is willing and able to perform his duties under this Agreement, then, the City shall pay to the Department Head a severance payment equal to salary payments which the Department Head would have been receiving over a twelve week period at the Department Head'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 the Department Head 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 the Department Head and the Department Head'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 the Department Head without severance pay: 3 ad1/Mgree/Reekstin RLS 98-815-12/14/99 (i) a willful breach of this agreement or the willful and repeated neglect by the Department Head 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 the Department Head 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 the Department Head with written notice of proposed termination which contains the reason and factual basis for such action. Within ten days of such notice, the Department Head 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 the Department-Head may respond to the notice of proposed termination. At such meeting, the. Department Head 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 Department Head 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 the Department Head any nonsalary benefit customarily available to all Department Heads, or in the event the Department Head resigns following a suggestion, whether formal or informal, by the City Administrator that he or she resign, then, in those events, the Department Head may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to extend or such suggestion of resignation within the meaning and context of the severance pay provision in paragraph (a) above; provided that such option to be deemed 4 adli9gAgree/Reekstin RLS 98-815-12/14/99 terminated must be exercised by written notice from the Department Head 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 the.Department Head exercises the.option to be deemed terminated. (d) . In the event Department Head voluntarily resigns his position, the Department Head shall give City written notice at least thirty(30) days prior to the last workday, unless the City Administrator_and Department Head otherwise agree. Unless there_is.agreement to the contrary, if the Department Head 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, Department Head 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 Department Head 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 the Department Head. If the Department Head is unable to return to work at that time, City shall have the option to terminate the employment of the Department Head, 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 the Department Head at least once annually. That review and evaluation shall be in accordance with specific criteria developed in consultation with the Department Head 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 the Department Head. 5 adl/%Agree/Reekstin RL5 98-815- 12/14/98 SECTION 9. PROFESSIONAL DEVELOPMENT. City agrees to budget and pay for professional memberships normally accorded Department Heads. The Department Head 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,-imthe 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. The Department Head shall report to -the City Administrator any ownership interest in real property within the County-of Orange, excluding personal residence. Also, the Department Head shall report to the City Administrator any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for the City or from which the City intends to make a purchase.:-Such-reporting-shall be made in writing by the Department Head to the City Administrator within-ten (10) calendar days of the .-execution of this agreement and further-within ten (10) calendar days of acquisition of that :interest in real property. Additionally, the Department Head shall report in writing to,the City --Administrator.any financial interest greater than Ten Thousand-Do l lars-($•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 the Department Head 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 the Department Head's duties as an employee or officer of the City, other than an action brought by the City against the Department Head, or an action filed against the City by the Department Head. In addition, the City shall pay the reasonable expenses for the travel, lodging, meals, and lost worktime of the Department Head should the Department Head be subject to such, should an action be pending after termination of the Department Head. City shall be responsible for and have authority to compromise and settle any action, with prior consultation b ad1198Agree/Reekstin RL.S 98-815-12114i98 with Department Head, and pay the amount of any settlement or judgment rendered on that action. Department Head 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 January 4, 1999.- (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,the City-of Huntington Beach has caused this Agreement to be signed and executed on its behalf by its City Administrator and duly attested by its City Clerk, and the Department Head has signed and executed this Agreement, both in-duplicate, the day and year first above written. THE CITY OF HUNTINGTON BEACH: By: By: Ray Sil r, City Administrator John Reekstin ATTEST: APPROVED AS TO FORM: S By. 4w-�' / By. City Clerk y� t City At orney 7 / 2 • 7 adi/AAgreelReekstin RLS 48-815-12/14/98