HomeMy WebLinkAboutRobert Handy - 2013-11-04 Dept ID HR 16-020 Page 1 of 2
Meeting Date 7/18/2016
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CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 7/18/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A Wilson, City Manager
PREPARED BY: Michele Warren, Director of Human Resources
SUBJECT: Approve and authorize execution of Amendment No 2 to Police Chief Robert
Handy's Employment Agreement (contribution adjustment to PORAC medical)
Statement of Issue
It is requested that the City Council approve an amendment to the Police Chief's employment
agreement
Financial Impact
Funding for the implementation of the requested amendment will come from the General Fund The
estimated annual impact to the FY 16/17 budget is $9,300 and will be absorbed within the FY 16/17
proposed budget for the Police Department
Recommended Action
Approve and authorize the City Manager to execute "Amendment No 2 to Employment Agreement
Between the City of Huntington Beach and Robert Handy" for the position of Police Chief
Alternative Action(s)
Do not approve the amendment to the Police Chief's employment agreement
Analysis:
During prior contract negotiations with the Police Management Association (PMA), the unit
negotiated to receive additional city-paid contributions to PORAC medical in the following amounts
• Single/Opt Out - $699
• Two Party— $1,399
• Family— $1,789
In order to address the issue of benefits comparability between the PMA and the Police Chief, the
Police Chief's employment agreement is proposed to be modified to include adjustments to the
City's contribution towards PORAC medical
Subsequent enhancements to PMA compensation and benefits, where expressly stated by the
employment agreement amendment, will automatically accrue to the Police Chief based upon
comparable effective dates contained within the PMA MOU, following City Council final approval of
the PMA memorandum of understanding
Item 18. - I HB -3398-
Dept ID HR 16-020 Page 2 of 2
Meeting Date 7/18/2016
The Police Chief's employment agreement, as Amendment No 2, is Included as Attachment #1
The modifications thereto shall be effective the beginning of the pay period following City Council
approval
Environmental Status
N/A
Strategic Plan Goal
Enhance and Maintain Public Safety
Attachment(s)
1 "Amendment No 2 to Employment Agreement Between the City of Huntington Beach and
Robert Handy" including Exhibit 'A' - Employment Agreement Between The City of
Huntington Beach and Robert Handy dated November 4, 2013 and Exhibit 'B' -Amendment
No 1 to Employment Agreement Between the City of Huntington Beach and Robert Handy
dated September 8, 2014
HB -399- Item 18. - 2
AMENDMENT NO 2 TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH AND
ROBERT HANDY
This Amendment is made and entered into by and between the City of Huntington
Beach, a California Municipal Corporation, hereinafter referred to as "City," and Police Chief
Robert Handy, hereinafter referred to as 'Mandy "
WHEREAS, City and Handy are parties to that certain agreement, dated November 4,
2013, entitled 'Employment Agreement Between the City of Huntington Beach and Robert
Handy" (a copy of which is attached hereto as Exhibit "A" and is hereinafter referred to as
the "Original Agreement") and Amendment No 1, signed on September 8, 2014 (a copy of
which is attached hereto as Exhibit "B" and is hereinafter referred to as the "Amendment No
1") and City and Handy wish to amend the Original Agreement and Amendment No 1
NOW, THEREFORE, it is agreed by City and Handy as follows
1 The following paragraph is inserted into the Original Agreement in SECTION 4, after
subparagraph (g)
"(h) In addition to the aforementioned compensation and benefits, as stated in
the Original Employment Agreement, and as modified by Amendment No 1,
Handy will also receive the same compensation and benefits as reflected in the
operable Police Management Association ("PMA") Memorandum of
Understanding This compensation and benefits includes, among other things,
Health Insurance Premiums This additional benefit will be kept current, effective,
and will update automatically as each PMA MOU is approved by the City
Council and implemented by the City "
REAFFIRMATION
Except as specifically modified by Amendments, all other terms and conditions of the
Original Agreement shall remain in full force and effect
Exhibit 1 Page 1 of 2
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers
CITY
Robert Handy, Chief of Police Fred ikon, City Manager
APPROVED AS TO FORM
r
ichael E Gates, City Attorney
Exhibit 1 Page 2 of 2
a�`'� fps..•:
psi� p�aiS✓-i. 51.~�••I''},'+ I
ENTLOY1.1'XENT AGREEMENT BETWEEN
TIMM CITY O)F llVW.lN aTON BEACH AND RODERT HANV Y'
TM-S ACrREEMENT i>:entered:nto this day of.w1�4. 20'13,between
IP
the City.of Huntington B:eaoh, a Californi.amwaiccipal corporaiioii).subaqucntly Called,"City;
I
and Robert Handy;subsequently-called Tf.ector,"
The City'Managerhas W .empoWered to appoint and xeMove theT611ce.Chief,.with.
approval.of the City:CoUncil;.arid,
The City,though the City Manager, desires to.employ t her servioes of Director as a
dopptmogJ head,,EoHco.Chief,-of the City of Huntington Roach,,.arid
It-Is the desfie,of the.City to roylde.certain benefits,.:establish.Ge tait contl Lions of
employment,and to.set working conditiozis of Director;and
Z l :#1ie.desire:p the Czty fo::
(J) fturo and retain the Serviobs.of Director and to:provide inducemerit.for him to
�re�,ait?in such.e�plQy�nent;
(2)• To ptovide aindans for`terminating Wtr dtor's service-at such time as he may be
unable fully to'dtsc�grge•his duties duo to disability or when City way otherwise.dos t6 to
tetminate his-employ;:°4ha
])irec..toy.1dosires.;to!acegpt employment as Police.-Ckii.of of the'Clty;
NOW, TFMRLV4RE,n—consfderation-.of the mutual aovaumts:here-conxained, the
Parties:agree as fol'.—W w:
S.FCTI.ON 1, DUTIli; ,. City agrees to•emploX.Director as•l'.ol ce:Md.of fine:Czty to
perforrri the funct�ons.and'diitie$o£that.affice asset forth xri the MiinicY al.Codo of-the 0ty of
Suntington beach and:the zty. hartex,and to perfe of ex legal ypezxxt s4le.dunes a?zd .
ftXt otio,ps as the City Manager shall fl'ozia the to fte wigu. DitWot•shall devote liis fall
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1,
18-3996VEmployment Agreement-Robert Handy- 11.04.13
Item 18. - 5 HB -402-
nrand'effortto the.4fflce aad-Porfowi-the metltioad duties.-and funetzpnsin-ion
WMN Z. STATUSA" TERM,
(a)' Director shall serve for an indefinite to=rat the pleasure of the City 2Ytanager'and
shall'be considered-an at-will-emplbyoe.of the City.
(b). Nothing iii0is.Agreement.shali pxevont,fllmit oi'.otherwise intc,64e wlththo.right
ofthe..City Mattagei to terminate the emp'loyri Mt of DIreMi—at any thxle,-sugpbt'only'to the
pro*szoris setforthi�a$eWon 6;'paragraphs.(4);.(b)'aad(a)'of this.Agreement# and.Seotion 4:0
of the Cliaiter of the.City of Huntington.B.each.
(c) Nothing*W this Agreement shall'pie.vent' lifnit or otherwise.iiitafete.Witli.fhe
right of Director.to resign:at any time fro ,his position with the City,subject oxi1y to tlxe
provisions:set:forth-i Section'6;pafagiaph(d),.of thO Agreement,
•(d) D:irwtoragroes:to xemaia'�h the exclusive eMplpy of•Gity'fa an indefinite poA Od
and shall neither accept d."ther em loymont•oi.beco3ne employed Eby any. other employer without
the'prior writtau:approval of the'City Manager'wntil notice of resignation is given:
The term "employed" (and derivations.-of that term as-used in.tho prece�ix g paragraph)
hail.incline ezaployxri'enti by atiothet'legal exifty or self'eznployment,how ver,'shall riot bo
cons:truedto.inolude occasional tealiin'g,'Writing;'consuYtg;:orxriiiitaxyxesex�e service
perfoi od on Directors tiny off,.:arid with the.ad"v_anoe apprdval.ofIhe:Cite-MMapt.
8ECTION.3. .C-OMMSXTION
i
Ar City agrees to pay Dirrectox fot his wviiw rendei ed pursuatit to this Agreement-of j
Range 7.25,.,Step E($I:01),4$ll�oirly;' 2Q8;994 annually)of the.City's.olassxfto4oru and.
compgusatlonpla:t.or:xesolutions or o.rdhiances frotn,time'tb.tho etacted'that.govern such
cQmpextsation, Dixeotox acl n— le4ges that said eompetxsgfton ineludes'a-2%inoreas'o iibt
previbusly-abnfefrW.gOn other employees:covered by the.nou associated resolutiQnin.excnaq
for additional employee�lzaid•ret7rement.contribution, Dhector fuirther acknowledgos that IleVill
2
133996/EmploymentA,greement-Robe.rt.Handy- H041'3
HB -403- Item 18. - 6
i
;:.,,•:r r s,:;�.�.•ot T ce�.ve'�Iciltxonaz galaxy XnGxeasesunW the:otlJ•er employees liave zeGelved a.coen$uz'ate
;. In addtion.to thearegaing benef lts, iZeptor shed.also receive all such other
be�efits' at e generally applicablo to Iiofz-assodiated em IgyeeS;(clepai°tment heads)hired.after
Decainber;27,.. 97,,•asset.�'Qxth:aCit.,,':s Non-Associated,barraployee Berle its: esolutiaP :a copy
i
of.which zs attacAod hereto asAttaobnient No. 1.
C, MOVIN.GEXPENS.ES, =City will reimb'ttrse Directot•his texnporaiT tental
housing.oxpense nounett prior to June 16,.2Q1,�,:and zeasona.,bleoving expenses in;an amount i
i
not to ek.aed$1,0;0.00.
a? :CERTI OATS.PAY. City to py-ovid'e:Directar.FBJ National Aoaderny
Certificate;pay of 3%pot.year•
R, REALTH IRSURANCE, Ta llea of the b•enefif;as des 4bet1 in.Section IlI(A)(@)
of Ekbibit.A,City will provide:$996,41/month.towards Dire or.'S•pvrv,apg of a persogaj pglicy
of to be.verified'aMually'.
LQVNCL, � recfoxorw cnF, U IFOW A l lwni tha,
aiiiomt.of$1,275;00,10,bep9d 1h.0no Whip Burn; effwtive-the,beginnitig of the pay.perriod
�pllo�yizag.Janua�y i5a'•of eaehyear, ��,s..azna�nt,shall riot ije xepp�tahle:co�tpensattorito i
CalPERS.
SECTION`4, OTUR BENEFITS, As ark i:aoentivo to ciacourage.Director to reside
Mthiti the City of Huhtingtoti.D.each and to.remaia employed by-City for a,num'ber.of years; i
i
;DIrectvt wAl I e.6ligible•for a.one=.tirno,real estatE secured loan of'=amotu1thot•to...OUeed One
.H'undted Thousand D.ollatsT the Loe). The Loan shall•be.s�bjoct to:the#011ow-M'Oerws:azd
•Gonclifions.;
The Loan shall be fuc dal lean.£gill:upon b ectpr's,execution of a loan agreement,
'T-he:loan agred neat•shall'be'app'roved as to fob by.the;City Attotnoy The•CityAttorbey k
:authorized an4 empowered to execute the Ina,agreement on:behalf of the•s ty any=a-all
aw meints-asmay b-eregttited to eff'ectutte the:Loan.
,3
t3-3994/Er4ployinetitAgtoEment R6bertf4andv' .I.104.11
Item 18. - 7 HB -404-
.4'•;y4•j•4
t
'b, The Loan gba11 be Scooted b IAirectior's prizii residence iti ITmitington Beach.
L:oan::may.be suborinate to,a. xe-exzstin #first zriortg.g a e an:d a re-estin second as aIne
p g p g
of credit;,a'zri z1�mtun loan to'valtie.ratio.-shall be maintained to secure the:lbaii.
c. IN:o'loan repaymenti skull::be'�ia•de whiie employed-by'City:as Malice-Chief;tlia
Loan shall.be.Forgiven in inorements of$14,2$. der year for•eaoh.subsequent year of Director's
employment with,the City If-separatioxi occurs on d yeai the.arrlount:f foxglV S c that 8a I
shall be-,proxg ed qn.jamQntW mpioye4vf ... Y a�.
d.. The loan balance at Time:of separatioa oftmploymeht`vith the City,.if:atiy,shall
ba p41d with interest at either the znaar)cet niter@•stfate.at the.time-of loan-mpayuient or.at a.
composite 1h4k6t,interest rate,for each yeat-that the Loari.was outsCandirig;the loan balance shall '
be paid in lull with applicable interest within•si-months of soparatioriframthe,.city i
e; In the event.of worlc-related death or:j jtuy that.would p- v . t 1a; cto 's
contint4afi'on:ofwork'.as P 61 ioo-Chfefi tha•Loan will tie f.efltedin:falIAth;rio xapayment. If death
restilts: oma4ora-Wolc rel.ated.cause, survivor rights vail ha.cgnveyed to T?ireQtor's sirvivizlg
spouse with full`i'ntarest conversion at.itarlcet-tate•to be.pa d up6t.salo.ofhoixia.or°Vvith h-six
months ofdeatl�,wfuehever occurs�rst,
f: Dii:'gctoi'-shalfbe rosponsifflefbtffayff6 .d.any-.and all appl cable:.=- es Qn fhe
loan.
: . Tlie.City Attorney may estal?lislr:suoh otivx•t=r .and condifigns.Qf the oan.as
maybe eonvei�ient oxeeessary,
$VcTTON$.. .AIMMSTI�T]i LV AVF,, O ty Managez:utay place Direetar on
.A.dm inistrativ..e,Leave:wlfhfull-pay-an4 benefits,at ally dine daring the;tenn.of this.Agreement.
SECTT41��,. fi� IY�A�'�ON:AN17►��VE1�A�GI�.FA�.
.a). Except:as provided'ia;subsection(b);ift tho-eferlt:the City Xvlariage -tetmhiates fhe:.
( 3
employment of Dir"MQr,:;aud during suet tame:that I?.ixectox Is-willing-and ab ou pWo m ills
duties mdor this:Agreeraezit,then•city shall pay to.Director .to•salary
paytneatS pvhigh Direotox Would Dave-been xeeeiv ng over a.tW.elve-WO-Old petiod.at Dim.apr's, �
4
'13:3996/Ernployme-t,Agreement-<IZobe�t.Handy-1 Z041
HB -405- Item 18. - 8
' :;Grx, te'gEpay.in effect on the clay prior to,the eiate of termination'. addition,for tkte lesser ;
.),;oalerldar:days afler the date bf:terrilit�attbn.dr:the tiirie Ditectbr:s'eoures health did
nj 't it tF xt `'
?'. ' ::'.rri: tlzcaX:insurance -it otxgh:attaiitf vA(if oomparable'employwont;the_City sfiglt maintain and
'pay for health,medical, disability.,,the continuation of retirement$ene�ffts and 1116e insurance in
such:amo.unts.aad and Direat&sAd pendents at
the titi?e.4£'sueh:termination;however,:ano othev or addttxortaX benel"tts:shall:apq e ui,fug thfs
funety�(9�)cate�dar-day pez'iod,
:(b)(1) Notwitlistaxiding sabection(.a)above,the following reasons shall e0nWtute
gtoutids to.'termiinate the-erftliloyftftt of Director'without severanoe pay;
0) a"rt!lt'u-.breach of this agreement of the W-111 land,repeated
neglect by Director to perform duties:that he ox she is regtiired•to perfQrm;
(R) oonviction.of aay.orfminalaot rel"affng to-'employment`with Cit. "
Cti) ponflAQn.-o ,4felany,
•(2)' PHot to the thne 111at•the City Manager 16f ftiiiaW piroctor.�Wth6ut.
seyeranee:pay for any ofthp-m..asons set�ar$in-.Seotion(l)(1)!abovef.- d:ooyjn i1 at case,-the
Cify Manager shall.pxovide Dirbotor with wtitteii notioe,of proposed termination which contains
the reason aricl�a�tual basis:fo r stxeh action, -Within ten days of°su'eh riot%cep Dltectox may regu'e'st
aft opportuflity to.fespond.tb the reagohg and factual basis:provided bythe City Manager, if sueh
a req est'to respond is mads,'tho City ZVSaiiager shall owi tot.4 ectingi which may be izifovnal
in nature,:at which Director may respond tq-tha:n.,atloe of:pI:oposed tex ination, At'such.meetiztg;
" Director zttay'be xepresented liy-an attarrieyof'his,,clrb'ibea�ld�ireS'ezit evidence pi'irifbrtrfation
relevant to the reasons and factual basis got,-forth Yn-the•nott'ce of:pxopQsed to znluation
s bseq ntly:;the dodgian ofthe:city Metnager.as:tq Whether'reasoiis set•foithill Se6tion{()(1)
exist.or ao npt exist shall be final as.between the parties..
(a) rn'the,event City-at-ariy tiftl'e dltxifig the tethl of'tMs A.gieeftte#tt:f`edtices':the salary
0f:7)u eGfor from ifs.then curreAf yeax level, e Cept as park of att:ac>oss,tbe=board red, t* for all
Diteotors:of_City; or ifi t71e event.C1t j�reftt5es,following writteri,tiotice,to•extelid to.I�.ifectot-arty.
S
13--3096Mi iployirient Agreement-Robert 14andy-1:1.0413
Item 18. - 9 HB -406-
T
h•s',. z�ons414i .benefit customaxTzly:avarlable to all'Direotors;ot-in the event Director xeszgns folio wing
a suggestion;whether fo2�ial or infQnm ,.,by the Cit3''Mager that-he".ox she-x.Qsign,.them,in
those:events,Director.may,.at his:optiozi,be.deetned to be."teixiiiriat6d" at the date d£such
Teduotiori or such;refusal to.extend ax=such suggostrozn.o t esigxxafiou.within.fie CeaiiiJig'af d
Context.of the se`veTarice a� �: 'rovis on in• -ara• .a h a :above; rovided that;such option to;6e
l? Ypp ( ) p p
deemed terrri na'ted must'be..exdreised by written notice froth Director to,the City IVlanager.wlth
I
ten:(l0).working.days•off n,eti�-r�at�ou.a�such.reductiozi,xefusa!•to.e�t�n,d,.or suggastiou•of
resignatiotr, In that event,the severanco'payx178nt'shall be:Calculated frdm the date Mecfof
exercises the opttp to*be deemed.temiinated.
i
(d) In,the.event Director voliintarily re'sigN.his p.ositiofi,Di eetox shall give City
written notice-at least-ftly(30)d4.ys'prior.totho:last•workday,unless the City'Ivi'anager and
D'i'reator..otherwi$e Qr6e.
(a) It is undetstooci that after notloo of tormffiatiou in any form,Directot"axed City will
cooperate to provide Tor an orderly transition,. pecif a respo?sibiljties'ttuxing;such frausit:on
maybe,spec find in,a wt'itt'en'separU4Or1 agreement.
,SE.CT]<QN 7,. DTS A ZIT if Alxectox is•totaily d sab)ed;or'other wis:e-iari iile'to
perform his'.dudes"because of gf6kiws, acoidefit, hytiry,.fnerital incapacity of,fll health,he:or.:she
shall,ae eligi Xe for:I isabxlity eava upon:exlaattstirxg:all acciueel general lma o•and'"wudy.e
leave;and.dixty'.injiity 1eaVe if plicable. Disability f;eave shall,be unpaid and shall be�appravea
by the City Manager for a time.pMlod,o�'np to three(3):manths= Tha lmA� -.of suG4 time-'.gwad'of
the.Di'sabiiity.Lea-vashall'be.dependent upon the:lengthQf'thadisabilityasdeu?onstr. by
Director'.. Zf Director-i$tlr.able to return.to worlr at thattitne,,City shall havo the:optionto.tci'iniild
the:einploynient•of Director,subject to the requirements imp med:,on City.by Section°6,,paragrapb.
Ga)
SECTI()N$, p.F-,UO*MN,CE UV:ALVA''ION, Thk City Manager shall.Teview
and evaluate in writing'.tho plerforrriwoe:of-DixectQr a�Teast ctiae anriitally: That feView and �
evaluation shall be'in.accor�anFe witl .specilc:ctxteria dovelopect ixr const>jfatio tivztb Director
:6
.13.-3996/Emp1oyment Agreement-,Robert Handy.- U-04,1.3:
HB -407- Item 18. - 10
I
I
��}��•'.-:-;zit.:.;:'_ ., ,
rate ut e< lty: gear: Those c ites a mAy b'e added to or,delete: fi° m:as.tha City Manager zimay
fxom:'t ��¢-t1u18•cl8teixrine,in consultation Wzth 1�lreotor, ,
:SOcTr N 9: CENERAL:ANDEXECU`)cM LE AVE, Dixectbr will be credited 80 i
hours_of.O:eneral Leave upon his;fiZsfi day-of,employ�ae�it,, Theroaftgr Director.shall.accrue �
Boitoral.16ave-it aecordatace withthe,Gehaal Leaye-acerualprovisions applicablQ:to.depa rent
heads.of:City and bireator strap be:oreditod 80 hou_ra of Executive Leave oii January 1 0£eaeli
i
caleridat year, Licectitive Lea-0 must be.usscl In the satxie calendar,year it is.credited;unused i
Executive l;cav,e m'ay.not be oar.4ied.fbi�VVa1'.d tb't1S8�e�t•Gale�idai''yeat, Directoi�shall:provicle f
i
City.Manager with,reasonablenotice pri.T to-takfng-two Qr mgm Gener-al:,grExccutive leave days
,off,
SECTZON.J.O, PRO, '$1ONA1a DEVVELO)E'MENM City agre to.budget and pay.'
fof DirOOtor1sprdf6ssiQiAaI memberships as ridrrijalty accorded tQ de arhne)at heads, Director
shall also reaelye paid:leaver plus ro8i txat QA travel and reas:otsal le expeiises for+,shof 'COliTSeS,
confereriee9 Wd,8emin fttg.•thdt:are necessary for his personal,development.arO,,n the judginent of I�
the pity ly anagex;Mgr�e;good:of the C fy, wid:aubj'ecf to b�udgot ftltatiofis•atd•to estalihshed
tt'avel policies widz'ocedures,
�$EcTI.ON':1j:. I+')(NA:NCIAL DISCLOSM. Director-shalt report to,the City
Manapf atiy.ow.nership.'interest In Teal proporty within the'Couuty of drayage, e�eluding pets bnal
re'sidenGe. Also;7�ire.ctor shall i'oporf'to:the.City Manager atiy fmanelal interest.greator than Ton.
Ihortsaiid Y)ollars($10;0.00)in,value in a1lixn..doing work for Clty, ox horn�tVhieh"City intends to
mako a•_purchase, Siieh repos ing:51ia11 be made in writing by DIT.eatgr...to tie pity Sanagex'
within ten(10)calendar days.of the exeoution of this agreernent:and,further witlliii teta
paleu,dar days of acqulstion;oftliat intczest.inreal property,Additioz�atly, 7irector shalt report in
witfng-to the'City Manager any.Nancial iaterest;grmlcr.than Ten Tfiousaud Dollars.($10,00.0)
in value.M" a titm doing.work:for City. or from WVhom(ity'Iuteads-to.make a-purchase
-in
=pdtately upon notico of the iatoded work,or puioha5e.
9
13-5 96IBmployment Agreement-Robert:Handy- 110413
Item 18. - 11 HB -408-
� �i'tl�':}Sys %��r�t a, •
y1,c,.f
12, .TI�TDEMN7T�`I ATION, City shall defend-4n&..1 demnify biractor against
1
any acttori;'ixieluding:b'tt.not•limited to.'any;:'tort,pri otz roher
nonceiminal legal,+Cquit-tile,Q adm?n staat�ve ac#ioz�„whether.grot�,dlos or:()fh :�V'�se?,fir szng put
of au alleged act or owission Occilrring i thepexforManco of Direcfot"s.duties as-aft einployeo.o •
of cer of°Czty, Qthpr than an_action bxought;by Ctty'.against:piYeetoz:; or'au act on 1ed'agai st City
by Director, hx additio4., City 601.pay the:reason6ble aria
lost wo:�ctiraie of 1JireOtoi shot�l�.Direetozb:o subj.e>et'to.sucia.��;should.an•action.be.pendiug after
termination o£Director; 04s#�a11 be'.rQsponSz le•foz,and hate autho�z�y to:eQmpxo�}�se.at�4 S,ettle
aoy.aetions withpAor cons.:tltati'ot1vdith Director, aridpay'the amount of any:settfemonf:ot Judgriierit
rendered on tliaG action. DWotorAall cooperate.fully With Ctty;in the settlement,eoznpiomise;
preparation of the defense,.-or trial 4.ahy sitoh,actinn,
SZCTIiON M ORNiCl AL PROVISIONS.
(a) The text.hete.shall.coiiAt-te the eritiia-Agteement between'the parties,
(b) This Agreomerit shall'b'ewme effective commencing Docei'nber.9;2011,.
• i
(.o) If any pr:ovision,,or any pQrtiQn.Qf;any pro'yisio coptajned-!4'fh1.s Agreamea0s
held tmconstitutional;.invalid,or uumforceiWo,the fertraiiidettif'this Afftei ieilt,
or any portion pf it;'s ra11 be deemed severable,.. baC1 iof bQ a wtod and shall
remain inAffl- force atid.effeot,
(d), NQ`amw.dm.mn Qf this.A.greement••shallte.eff0.etive'w*sg!aWrtting'and.sigiie'd
by bofh:pat'ties.
8
13-3996/Employment.Agrement:-Robert Handy-11•0413
HB -409- Item 18. - 12
? WITNESS;WH> RFOF;:City'has caus:edthisAgree aent:to be�tjped.and.exeo'�ted=nn
its i �l its ity IVlaz�age ,and.D .ector_has sl`gt�et and ex-peutO4 taus Agrwe not;both'in
ditplicate;.t i ;day:4dd yew f1rst above.written,
i
'CZ`I'Y DMCTOR:
City ag r .Rrb�V/4 � '
PPRO_D:AS T .VO . .
Ity Atfol ey l
.9
13-3990mployment Agreement-RAcxtHaOy-,J:1.941
Item 18. - 13 HB -410-
Dept ID HR 14-016 Page 1 of 2
Meeting Date 9/15/2014
/0oJ
CITY OF HUNTiNGTON BEACH I
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 9/15/2014
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A Wilson, City Manager
I
PREPARED BY: Michele Warren, Director of Human Resources ;
SUBJECT: Approve and authorize execution of an Amendment to the Police Chiefs
Employment Agreement
Statement of Issue
It is requested that the City Council approve an amendment to the Police Chief's employment
agreement
Financial Impact-
Funding for the implementation of the requested amendment will come from the general fund. The
estimated annual fiscal impact for FY 14/15 is approximately $10,840. The estimated annual fiscal
Impact for FY 15/16 Is $13,008 No additional funding is requested
Recommended Action: i
A) Approve the amendment to the Police Chief's employment agreement, and,
. I
B) Approve the additional appropriation in the amount of$10,840 for FY 14/15, and,
C) Approve and authorize the City Manager to execute "Amendment No 1 to Employment
Agreement Between the City of Huntington Beach and Robert Handy" for the position of Police Chief
Alternative Action(s)
Do not approve the amendment to the Police Chief's employment agreement
Analysis
During the recent negotiations with PMA, the unit negotiated to receive Longevity Pay comparable to
POA in order to address salary compaction with POA Sergeants This benefit is lost to PMA
members upon promotion to Lieutenant from Sergeant
In order to prospectively address the issue of salary compaction between the compensation paid to
PMA and the Police Chief's compensation, the Police Chief's employment agreement is proposed to
be modified to include the equivalent longevity pay percentages The implementation period for the
Police Chief will be the beginning of the pay period that includes the anniversary date of hire for 2014
and 2015.
The proposed changes to the Police Chief's compensation will include an Initial adjustment of 5% in
December 2014 and an additional 6% adjustment in December 2015 The employment agreement,
as amended, is included as Attachment 1
HB -20')- Item 9. - I
xs -41 1- Item 18. - 14
i
Dept ID HR 14-016 Page 2 of 2
Meeting Date 9/15/2014 i
Environmental Status
N/A
Strategic Plan Goal;
Develop, retain and attract quality staff I
Attachment(s)*
.I
r
1 "Amendment No 1 to Employment Agreement Between the City of Huntington Beach and
Robert Handy"
Item 9. - 2 HB -204-
Item 18. - 15 HB -412-
i
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACN AND
ROBERT HANDY
i;
This Amendment is made and entered into by and between the City of Huntington t
Beach, a California municipal corporation, hereinafter referred to as "City,"and Robert
Handy,hereinafter referred to as"Handy."
WHEREAS, City and Handy are parties to that certain agreement,dated
November 04 ,2013,entitled"Employment Agreement Between the City of f
Huntington Beach and Robert Handy,"which agreement shall hereinafter be referred to
as the"Original Agreement;" and
City and Handy wish to amend the Original Agreement to reflect the addition of
Paragraphs 4(f)through 4(i),
NOW, THEREFORE,it is agreed by City and Handy as follows:
i
(fj The Chief of Police shall not be appointed or removed until the City
Manager shall first have reviewed such appointment or removal with the City Council
and have received approval for such appointment or removal by a majority vote of the
full City Council,pursuant to Article IV, Section 401(a).
(g) Longevity.
i Effective the beginning of the pay period that includes [December
9,2014] the Chief shall receive five percent(5%)for longevity
i
pay
ii Effective the beginning of the pay period that includes [December
9, 2015] the Chief shall receive an additional six percent(6%) for
longevity pay for a total of 11%longevity pay
(h) Director shall be responsible for payment of any and all applicable taxes
on the loan.
(i) The City Attorney may establish such other terms and conditions of the
Loan as may be convenient or necessary.
14-4380/112562 1
HB -413- Item 18. - 16
i
REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers.
i
Robert Handy i Manager
c
City Attorney
144380/112562 2
Item 18. - 17 HB -414-
Dept. ID HR 14-016 Page 1 of 2
Meeting Date:9/15/2014
7poeo11
r `
CITY OF HUNTINGTON BEACH
, �.. REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 9/15/2014
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Michele Warren, Director of Human Resources
SUBJECT: Approve and authorize execution of an Amendment to the Police Chiefs
Employment Agreement
Statement of Issue:
It is requested that the City Council approve an amendment to the Police Chief's employment
agreement.
Financial Impact:
Funding for the implementation of the requested amendment will come from the general fund. The
estimated annual fiscal impact for FY 14/15 is approximately $10,840. The estimated annual fiscal
impact for FY 15/16 is $13,008. No additional funding is requested.
Recommended Action:
A) Approve the amendment to the Police Chief's employment agreement; and,
B) Approve the additional appropriation in the amount of$10,840 for FY 14/15; and,
C) Approve and authorize the City Manager to execute "Amendment No. 1 to Employment
Agreement Between the City of Huntington Beach and Robert Handy" for the position of Police Chief.
Alternative Action(s):
Do not approve the amendment to the Police Chief's employment agreement.
Analysis:
During the recent negotiations with PMA, the unit negotiated to receive Longevity Pay comparable to
POA in order to address salary compaction with POA Sergeants. This benefit is lost to PMA
members upon promotion to Lieutenant from Sergeant.
In order to prospectively address the issue of salary compaction between the compensation paid to
PMA and the Police Chief's compensation, the Police Chief's employment agreement is proposed to
be modified to include the equivalent longevity pay percentages. The implementation period for the
Police Chief will be the beginning of the pay period that includes the anniversary date of hire for 2014
and 2015.
The proposed changes to the Police Chief's compensation will include an initial adjustment of 5% in
December 2014 and an additional 6% adjustment in December 2015. The employment agreement,
as amended, is included as Attachment 1.
HB _20;_ Item 9. - I
Dept. ID HR 14-016 Page 2 of 2
Meeting Date:9/15/2014
Environmental Status:
N/A
Strategic Plan Goal:
Develop, retain and attract quality staff
Attachment(s):
1. "Amendment No. 1 to Employment Agreement Between the City of Huntington Beach and
Robert Handy"
Item 9. -.2 Hs -20 -
i
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ROBERT HANDY
This Amendment is made and entered into by and between the City of Huntington
Beach, a California municipal corporation, hereinafter referred to as "City," and Robert
Handy, hereinafter referred to as "Handy."
WHEREAS, City and Handy are parties to that certain agreement, dated
November 04 , 2013, entitled "Employment Agreement Between the City of
Huntington Beach and Robert Handy," which agreement shall hereinafter be referred to
as the"Original Agreement;" and
City and Handy wish to amend the Original Agreement to reflect the addition of
Paragraphs 4(f) through 4(i),
NOW, THEREFORE, it is agreed by City and Handy as follows:
(f) The Chief of Police shall not be appointed or removed until the City
Manager shall first have reviewed such appointment or removal with the City Council
and have received approval for such appointment or removal by a majority vote of the
full City Council,pursuant to Article IV, Section 401(a).
(g) Longevity.
i. Effective the beginning of the pay period that includes [December
9, 2014] the Chief shall receive five percent (5%) for longevity
pay.
ii. Effective the beginning of the pay period that includes [December
9, 2015] the Chief shall receive an additional six percent (6%) for
longevity pay for a total of 11% longevity pay.
(h) Director shall be responsible for payment of any and all applicable taxes
on the loan.
(1) The City Attorney may establish such other terms and conditions of the
Loan as may be convenient or necessary.
14-4380/112562 1
REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers.
�4-1 - 4492,-
Robert Handy City Manager
c
City Attorney
14-4380/112562 2
6. Adopt Resolution Nos. 2013-72 and 2013-73 approving the submittal of
Grant Applications to the Orange County Transportation Authority (OCTA)
under the Comprehensive Transportation Funding Programs (CTFP) for
the Adams Ave./Bushard St. Bioswale Project, the Banning Ave. Bioswale
Project, and intersection capacity enhancement at Beach Blvd. and
Warner Ave.
Recommended Action:
A) Adopt Resolution No. 2013-72, "A Resolution of the City Council of the City
of Huntington Beach Approving the Submittal of an Improvement Project to the
Orange County Transportation Authority for Funding Under the Comprehensive
Transportation Funding Program," Intersection Capacity Enhancement, for the
intersection of Beach Boulevard and Warner Avenue; and,
B) Adopt Resolution No. 2013-73, "A Resolution of the City Council of the City
of Huntington Beach Authorizing an Application for Funds for the Environmental
Cleanup, Tier 2 Grant Program, Under Orange County Local Transportation
Ordinance No. 3 for Adams Avenue and Bushard Street Bioswale Project and
Banning Avenue Bioswale Project."
Approved 7-0
7. Adept Failed Resolution No. 2013-60 opposing any bills or ballot
measures that would weaken the Medical Injury Compensation Reform Act
(MICRA), increase health care costs for state and local governments, and
limit patient access to health care services
Continued from November 4, 2013 meeting
Recommended Action:
Adopt e1,,tiori Ne 2913 60 °A Resell Mier of the Gity CO RGil of the Git of
rcrcTvrrrvvz_� , Tcr[rvrrvrcrn. .. ... ..... .....� ...
H RtiRgten Beach QPPG6iRg ARY Bolles nr Ballet Meas ryes That We old VVeal(en
the Mer!Gal Ir1 UFY ( GMPer Radon Reform Ant /1 IGRA\ Innrease Health Gore
0
(mare SewmGee • n
Substitute Motion to Adopt Resolution failed 3-3-1 (Hardy, Boardman,
Shaw— No; Carchio—Abstain)
Main Motion to Remove Consideration of Resolution from Agenda failed 3-
3-1 (Sullivan,,Harper, Katapodia— No; Carchio—Abstain)
8. Adopt Resolution No. 2013-63 establishing salary range, CalPERS
retirement contribution, and correcting the effective date to December 7,
2013 for the position of Police Chief
Recommended Action:
Adopt Resolution No. 2013-63, "A Resolution of the City Council of the City of
Huntington Beach Establishing the Salary Range and Employee-Paid Portion of
Cal-PERS Contribution for Police Chief'
Approved 7-0
-5-
(/,11/el,�oI3 cam-)
l7 C1,q...�,,.,E.:.,vjc>7�
Dept. ID HR 13-010 Page 1 of 1
Meeting Date: 11/18/2013
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 11/18/2013
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Michele Warren, Director of Human Resources
SUBJECT: Adopt Resolution No. 2013-63 establishing salary range, CalPERS retirement
contribution, and correcting the effective date to December 7, 2013 for the
position of Police Chief
Statement of Issue: At the November 4, 2013, Council meeting, Council adopted a resolution
establishing the salary range and CalPERS retirement contributions for Non-Represented
Employees — Police Chief. The effective date should be December 7, 2013; a corrected resolution
is hereby submitted to make the change.
Financial Impact: The FY 2012/13 Police Department budget will not require additional
appropriation to facilitate this change.
Recommended Action:
Adopt Resolution No. 2013-63, "A Resolution of the City Council of the City of Huntington Beach
Establishing the Salary Range and Employee-Paid Portion of Cal-PERS Contribution for Police
Chief'
Alternative Action(s): Do not adopt Resolution No. 2013-63, and continue the compensation and
retirement contribution for the position of Police Chief at the current effective date.
Analysis: As stated in the November 4, 2013 Request for Council Action, the City launched a
nationwide recruitment for the position of Police Chief utilizing the services of executive recruitment
firm, Bob Murray and Associates. Robert Handy was the #1 candidate recommended and the
employment contract was approved at the November 4, 2013 Council meeting. Unfortunately, the
effective date for Resolution No. 2013-63 was off by one week and therefore a new resolution is
required to be adopted setting the effective date as December 7, 2013. No other changes have
been made.
Environmental Status: NA
Strategic Plan Goal:
Improve the City's infrastructure
Attachment(s):
1. Resolution No. 2013-63, "A Resolution of the City Council of the City of Huntington Beach
Establishing the Salary Range and Employee-Paid Portion of Cal-PERS Contribution for
Police Chief'
Item 8. - I HB -ISO-
11. Approve and authorize execution of an Amendment to extend the Lease
Agreement between the City and Michael Ali, dba Pier Plaza Beach
Concession
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the "Amendment to
Lease Agreement Between the City of Huntington Beach and Michael Ali, dba
Pier Plaza Beach Concession."
As amended to insert language that directs concessionaire to comply with
City policy on Styrofoam products.
Approved 7-0
12. Adopt Resolution No. 2013-63 establishing the Salary Range andjdo
retirement contribution for the Non-Represented Employee posit
Police Chief; and authorize execution of an Employment Agreem
Robert Handy
Recommended Action:
A) Adopt Resolution No. 2013-63, "A Resolution of the City Council o
of Huntington Beach Establishing the Salary Range and Employee-P
of CalPERS Contribution for Police Chief;" and,
B) Approve and authorize the City Manager to execute the "Employm
Agreement Between the City of Huntington Beach and Robert Handy
position of Police Chief.
Approved 6-0-1 (Hardy out of room)
13. Approve the appointment of Janeen T. Laudenback to the position of
Director of Community Services; and authorize execution of Employment
Agreement
Recommended Action:
A) Approve the appointment of Janeen T. Laudenback to the position of
Director of Community Services.; and,
B) Approve and authorize the City Manager to execute the "Employment
Agreement Between the City of Huntington Beach and Janeen Laudenback" for
the position of Director of Community Services.
Approved 6-0-1 (Hardy out of room)
14. Adopt Ordinance No. 3992 allowing the addition of an existing six-inch
diameter oil pipeline to the franchise agreement with OXY USA, Inc.
Approved for introduction October 21, 2013 (Vote: 7-0)
Recommended Action:
Adopt Ordinance 3992, "An Ordinance of the City of Huntington Beach
Amending the OXY USA Inc. Franchise to Construct, Operate, and Maintain a
City Council/PFA Regular Meeting
November 4, 2013
-6-
1
Dept.ID HR 13-008 Page 1 of 2
Meeting Date: 11/4/2013
�d I/C-z 46 --D --f
64Wdy b uT &C_
CITY OF HUNTINGTON BEACH //-/P- A043
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 11/4/2013
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Michele Warren, Director of Human Resources
SUBJECT: Adopt Resolution No. 2013-63 establishing the Salary Range and CalPERS
retirement contribution for the Non-Represented Employee position of Police
Chief; and authorize execution of an Employment Agreement with Robert Handy
Statement of Issue: A national recruitment has been completed for the position of Police Chief.
The City Manager is recommending the appointment of Robert Handy to the position.
Financial Impact: The position of Police Chief is budgeted in the Fiscal Year 2012/13 budget, no
additional funding is required.
Recommended Action:
A) Adopt Resolution No. 2013-63, "A Resolution of the City Council of the City of Huntington Beach
Establishing the Salary Range and Employee-Paid Portion of CalPERS Contribution for Police
Chief;" and,
B) Approve and authorize the City Manager to execute the "Employment Agreement Between the
City of Huntington Beach and Robert Handy" for the position of Police Chief.
Alternative Action(s): Do no approve the appointment of Robert Handy for the position of Police
Chief.
Analysis:
The City launched a nationwide recruitment for the position of Police Chief utilizing the services of
executive recruitment firm, Bob Murray and Associates. More than 55 applications were received
for the position. The most qualified candidates, as evaluated in accordance with the position profile,
were invited to an interview panel comprised of members of the business community, school
districts, clergy, as well as professional peers in comparable agencies.
The City Manager conducted follow up interviews. As a result, he recommends that the City
Council approve the appointment of Robert Handy to the position of Police Chief for the City of
Huntington Beach effective December 9, 2013. The compensation is $208,995. This is a 2%
increase over the current compensation. The incoming Police Chief will also contribute the full 9%
employee-paid share of CalPERS.
Additional details of the proposed employment terms can be found in the attached Employment
Agreement.
HB -1 27- Item 12. - 1
Dept.ID HR 13-008 Page 2 of 2
Meeting Date: 11/4/2013
Recommendation
Staff recommends setting the pay range for the position at the range of R-725. This is a 2%
increase over the current compensation. (NA employees last received across-the-board
compensation adjustments in 2008.) The staff recommendation is based upon the City Manager's
desire to align the salary structure and the additional 2.75% CalPERS retirement contribution.
Environmental Status: NA
Strategic Plan Goal:
Develop, retain and attract quality staff
Attachment(s):
1. Resolution No. 2013-63, "A Resolution of the City Council of the City of Huntington Beach
Establishing the Salary Range and Employee Paid Portion of CalPERS contribution for
Police Chief'
2. Employment agreement for Robert Handy.
Item 12. - 2 HB -128-
ATTACHMENT # 1
RESOLUTION NO. 2013-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING THE SALARY RANGE AND EMPLOYEE-
PAID PORTION OF CAL-PERS CONTRIBUTION FOR POLICE CHIEF
WHEREAS, the City Council of the City of Huntington Beach desires to increase
the Employee-Paid portion of CalPERS Contribution upon adoption of this resolution.
NOW, THEREFORE,the City Council of the City of Huntington Beach does
hereby resolve as follows:
1. Establish salary range 725.
2. CalPERS Contribution by Non-Represented employees shall be as
reflected in Exhibit A, attached hereto and incorporated by this reference.
3. Except as modified herein, existing benefits shall remain in effect.
4. Any resolution in conflict herewith,whether by minute action or
resolution of the City Council heretofore approved, is hereby repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the 4th day pf NoveaUer , 2013-.
Mayor
REV AND APPROVED: INI I TE AND OVED:
Ciy/fX ager ` irector of Human Resources
APPROVED AS TO FORM:
6w,
GAY Attorne
13-3996/102479
EXHIBIT A
NON-ASSOCIATED EMPLOYEES PAY AND BENEFIT RESOLUTION
Effective December 7, 2013, salary range for the position of Police Chief is established at
pay grade 725:
Annual Salary Range:
Pay Grade 725 168,688.00 177,965.84 187,753.96 198,099.20 208,994.66
Job Description Pay Starting Control High
Type Grade Point Point Point
0011 Police Chief 725 $81.10 $90.27 $100.48
Three Percent(3%) at Age 50 Formula
Effective December 7, 2013, "Safety" employees hired after December 1, 2013 shall pay
nine (9%) of the employee share of PERS.
IN WITNESS WHEREOF,the parties executed this document on the dates written
below.
City Manager
Dated:
ROVED AS TO FORM:
City Attorney IJ
Dated:
Res. No. 2013-63
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of'the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on November 4, 2013 by the following vote:
AYES: Sullivan, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
ABSENT: Hardy
ABSTAIN: None
City erk and -o icio erk of the
City Council of the City of
Huntington Beach, California
mu ML
ME i
2
rc-
EMPLOYMENT AGREEMENT'BETWEEN
THE CITY'OF HUNTINGTON BEACH AND ROBERT HANDY
THIS,AGREEMENT i&entered into,this day of Wo e� 2013,between
the,City:of Huntington Beach, a California municipal corporation, subsequently called "City,"
and Robert Handy, subsequently called"Director."
WITNESSETH
The,City Manager has been empowered to appoint,and remove the Police.Chief,with,
approval f.the City Council; and
The City,through the City;Manager, desires to employ the services of Director as a
.department head,Police Chief,of the City of Huntington Beach; and
It..is the desire of the.City to provide certain benef ts, establish certain conditions of
employment; and to set working conditions of'Director;,and
It is the desire of the City to;
( ) Secure and retain the services of Director and to provide;inducement for him to
remain in such employment;
(2) To provide,a means,for terminating'D rectoes service at such time as he may be
unable folly to;disci arge his duties due to disability,or when City may otherwise desire to
terminate his employ; and
Director desires to accept employmentas Police Chief of the City;
NOW,THEREFORE, in consideration of the mutual covenants..here contained,the
parties agree as follows:'
SECTION L DUTIES. City agrees to employ Director as Police.Chief 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 Manager shall from time to time assign. Director shall devote his full
1
1.3-3996/Employment Agreement-Robert Handy,- 11,04'13
)
R
�aa
3
attention;:and effort to the off ce and:perform the mentioned duties and functions in a, professional
: .
manner: :':
SECTION 2. STATUS AND:TERM.
(a) Director shall serve for an indefinite term at the pleasure of the City Manager 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 Manager to terminate the employment of Director at any time, subject only to the,
provisions set forth.in Section 6, paragraphs (a) (b)and(e)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 Director to resign at anytime from,his position with the City,subject.only to the
provisions set forth in Section 6, paragraph.(d),,of this Agreement.
(d) Director agrees to remain in the exclusive,employ of City for an indefinite perni od.
and shall neither accept,.other employment or become employed by any other employer without
the prior written approval of the City Manageruntil notice ofresignation 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 Director's time off,and with the advance approval of thei City Manager.
SECTION 3.,. C.ONVENSATION.
A. City agrees to pay Director for his services rendered pursuant,to this Agreement.at
Range 725,Step E($100.48/hourly,S208,994 annually)of the City's classification and
compensation plan or resolutions or ordinances from time to time enacted that govern such
compensation. Director acknowledges that said compensation includes a 2%o increase not
previously conferred upon other employees covered by the non-associated resolution in exchange
for additional employee-paid retirement contribution, Director further acknowledges:that he will.
2
13-39961Employment Agreement-Robert-Handy- 110413
not receive additional.salary increases until the other employees have received a commensurate
4
2%increase.
B. In addition.to the--foregoing°benefits,Director shall also eceive all such other
benefits that are generally applicable to;nori-associated employees(department Beads)hired after
December 27, 1997,as set,forth in City's Non-Associated Employee"Benefits Resolution,a copy
of which is attached hereto as Attachment No. 1.
C. MOVING EXPENSES. City will reimburse Director his temporary rental
housing expense incurred prior to June 16,2014, and reasonable moving expenses in an amount
not`to exceed$'1 Q10.00
D, CERTIFICATE PAY.. City to provide Director FBI National Academy
Certificate pay;of'3%b per year..
E. HEALTH INSUR.ANCZ In lieu of the benefit as described in Section III(A)(@)
of,Exhib't.A, City,will provide.S936.47/,month towards Director's purchase of a personal policy
of medical insurance to be verified annually.
F. UNIFORM ALLOWANCE. Director to receive Uniform Allowance in,tht
amount of $1;275.00,to be paid in one lump sum;effective the beginning.of the pay period
following,January I5th of each year. This amount shall not be reportable compensation to>
CalPERS..
SECTION,4. OTHER BENEFITS.: As an incentive.to encourage Director to reside.
within the City-of Huntington Beach and to remain employed by City for a number of years,
Director will be eligible for a one-time,real estate secured loan of an amount,not to exceed.One
.Hundred Thousand Dollars ("the Loan"). The Loanshall be subject to the following terms and
conditions.
a. The Loan shall be fundable in full upon Director's execution of a loan agreement.
The loan agreement shall be approved,as to form by the City°Attorney. The City Attorney is
authorized and empowered to execute the loan agreement on behalf of the City any and all
documents as may be required to effectuate the Loan.
3
13-3996/E nployment Agreement-Robert Handy 110413
4
b. The Loan-shall be secured by Director.'s primary residence in Huntington Beach.
The Loan-may be subordinate to a:pre-existing first mortgage and apre-existing second;as a line
ofcredit; a minimum.,loan to value ratio-shall be maintained to secure the loan..
C. No loan repayment shall:be made while employed,by City as Police Chief;the
Loan shall be.forgiven in increments of$14,286 per year for each subsequent year of Director's
employment with the City. if separation occurs mid year,the amount of forgiveness for that year,
shall be prorated on a monthly'basis for time.employed within that year.
d. The loan balance at time:of separation of employment with the City, if any, shall
be paid with interest at either the market interest;rate at the time of loan repayment or at a
composite market interest rate for each year that the Loan was outstanding;:the loan'balance;shall
be paid in full with applicable interest within six months of separation from the city.
e. In the event of work-related death or,injury that would'prevent Director's.
continuation.of work as Police Chief,the Loan will be retired in full with no repayment. If death .
results from a non-work related cause, survivor rights will be conveyed to Director's surviving
spouse with full'interest conversion at market rate to be:paid upon sale of home or within,six
months of death,whichever occurs first.
f. Director shall:be responsible for payment of any and all applicable taxes:on the
loan.
g. The.City Attorney may establish such other terms and conditions of the"Loan as
may convenient or necessary:
SECTION S. ADMINI,STRATIVE LEAVE. City Manager may place.Director on;
Administrative Leave with'fizll,pay'and benefits'at anytime during the term of this Agreement.
SECTION 6.. TERMINATION AND SEVERANCE PAY.
(a) 'Except as provided in,;subsection(b), in the event the City Manager terminates the
employment of Director, and during such time that Director is willing and able to perform his
duties under this.Agreement, then City shall pay to Director a severance payment equal to salary
payments which'Director would have been receiving over a twelve week period at Director's.
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1373996/Employment Agreement-'Robert Handy.- 11'04.13
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currentrate:of pay in effect on the day prior to the date oftermination, In addition, for the lesser
of ninety(90)calendar days-after the Zate of termination or the time Director secures health and.
y
medical insurance through attainment,of comparable employment,the City shall maintain:and
pay for health,,medical, disability;the continuation ofretirement"benefits and rife insurance in
such amounts and on.such terms as have been received,by Director and Director'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 Director without severance pay:
(i) a,willful breach of this agreement or the willful and repeated
neglect by Director to perform duties that he:or she is required to perform;
,(ii) conviction of any criminal act relating to employment with City;
(iii) conviction of a felony.
(2) Prior to the time that the City,Manager terminates;Director Without
severance,pay for any:of the reasons set forth in:Section(b)(1) above,;and only in that cases the
City Manager shall provide Director with written notice of proposed termination which contains
the reason,and.factual,basis for such action. Within:ten;days of such notice,Director may request.
an:opportunity to,respond to the reasons and factual basis provided'bythe City Manager, If such
a request to respond is made;the City Manager shall conduct a meeting;which may be informal
in nature,,at which Director may respond to the notice lof proposed termination. At such meeting;
Director 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 Manager as to whether reasons setforth in Section(b)(1)
exist or do not exist shall be final as:between the parties:
(c) Inlhe event City,at any time during the term ofthis Agreement reduces the salary
Of'.Director,from'its then current year level, except 4&part of an across-the-board reduction:for all.
Directors of City,or in the,event.City refuses,following written notice,to extend to Director any
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nonsalary benefit customarily available to all Directors, or in the event Director resigns following
asuggestion,whether formal or informal, by the City Manager that'he or she resign,then,in
those events,Director 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 thatsuch option to be.
deemed terminated must be exercised by written notice from Director to the City Manager within
ten(10)working,days,of notification of such reduction,;refusal to extend, or suggestion of
resignation. In that event;the:severancepaymentshall be calculated from the date Director
exercises the option to be deemed terminated.
(d) In the event Director voluntarily resigns his position,Director"shall give City
written notice at least thirty(3'0)days prior to the:last workday;unless the City Manager and
Director otherwise agree.
(e) It.is.understood that after notice;of termination.in any form,Director and.City,will
cooperate to provide for an orderly transition. Specific responsibilities during such transition
may specified in.a written separation agreement.
SECTION 7: DISABILITY. If Director 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 general leave and executive
leave, and duty injury leave if applicable. Disability Leave;shall be unpaid'and shall be approved'
by the City Manager for a time period of up to three(3)months. The`length of such time period of
the Di'sability'Leave shall be:dependent upon the length of the disability as demonstrated by
Director. If Director is unable to return to work at that time,.City shall have the option to terminate
the employment of Director, subject to the requirements imposed on City by Section 6,paragraph,
(a).
SECTION& PERFORMANCE EVALUATION. The City Manager shall review
and evaluate in writing the performance of Director at least once,annually. That review and
evaluation shall be in accordance with specific criteria.developed in consultation with Director
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13-3996/EmploymentAgreement-Robert Handy- 11;0413
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and the City.Nlanager. Those criteria may be added to or.deleted,;from as the CitylVIanager may
from tune to time determine, in consultation with Director.
SECTION 9 GENERAL AND EXECUTIVE LEAVE. Director will be credited 80
hours of General Leave upon.his first day of employment. 'Thereafter,Director shall''accrue
General,Leave in accordance with the General Leave accrual.provisions applicable:to department
heads of City, and D rector;shall be credited$O hours;of Executive Leave on January 1 of each
calendar year. Executive Leave must be used in the same calendar year it is credited;unused
Executive.Leave may.not be carried forward to the next calendar year. Director shall.provide
City Manager with;reasonablex notice prior to taking;two or more General,or.Executive leave days
off
SECTION 1.0, ]PRC'FESSIONAL DEVEIOI'lYIENT: City;agrees to,budget and pay
for Director`s'professional memberships as normally accorded tod,epartment heads. Director
shall also receive paid•leave,plus registration;travel and reasonable expenseslor short•courses,
conferences and seminars that are necessary for his personal development and,in the judgment:of
the City Manager, for the good of the City, and subject to budget limitations and to established
travel policies and procedures.
SECTION 11, FINANCIAL DISCLOSURE. Director shall report to,the City
Manager any Ownership interest in real property within the County,of Orange,excluding personal
.residence. Also, Director shall report to the City Manager any financial interest greater than.Ten,
Thousand Dollars{$'1 U,000)in value in a;firm doing work for City or from which City intends to
make a;purchase. Such reporting shall be made in writing by Director to the City Manager
within ten(1.0) calendar days of the execution of this agreement.and further within ten(10)
calendar days of acquisition.of that interest in real property. Additionally,Director shall report in
writing to the'City Manager any.financial interest greater than Ten.'Thousand Dollars:($1.0,000)
in valuein a firm•doing work for City or from whore City intends to make a purchase
immediately upon notice of the intended work or purchase.
13 3996/Employment Agreement-'Robert Handy- 1,10413
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SECTION 12. INDEMNIFICATION. City;shall defend and:indemnify Director against
any action,including but not limited to any; tort,professional.liability claim or demand, or other
noncriminal legal, equitable or administrative action,whether groundless or otherwise;,arising out
of an alleged act or omission occurring in the performance of'Director's duties as an employee or
officer of'City;other than an action brought'by City against Director, or an,action filed against:City
by Director. In addition, City shall pay the reasonable,expenses for the travel,lodging;meals,:and
lost worktime of Director'should.Director be subject to:such, should.,aft action be pending after'
termination.of Director. City shall be responsible for and have authority'to compromise and settle
any action,with prior consultation with Director,.and pay the amount of any,settlement;or judgment
rendered on that action. Director shall cooperate fully with City in the settlement, compromise,
preparation of the defense, or trial:of any such action.
SECTION 13. GENERAL PROVISIONS,
(a) The lext here shall:constitute the entire Agreement between the parties.
(b) This Agreement shall,become;effective commencing December 9, 2013.
(c) If any provision,or any portion of:any.provision, contained in this Agreement is
held unconstitutional, invalid, or unenforceable;the remainder of this Agreement,
or any portion of it,shall be deemed severable, shall not be affected and shall
remain in full force and effect.
(d) No amendment of this Agreement$hall be effective unless in writing and signed
by both parties.
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13-3996/Employmerit Agreement-Robert Handy- 110413
A" "
IN WITNESS WHEREOF, City;has caused this Agreexnentto"be signed and executed on
its 10alf by its City Manager, and Director has signed and executed this Agreement;;both in
duplicates the allay and year first above written.
-CITY: DIRECTOR:
I I-L
City ag r; Robert H y
FFROVED AS TO:Fd
ity Atto .ey
1� 3G 13
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13-3996'/Employment Agreement-Robert Handy-,110413
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RESOLUTION NO. 2013-63
f'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ,r'r
HUNTINGTON BEACH ESTABLISHING THE SALARY RANGE AND,EMPLOYEE-
PAID PORTION OF CAL-PERS CONTRIBUTION FOR POLICE CHIEF
WHEREAS, the City Council of the City of Huntington Beach desires to increase
the Employee-Paid portion of Ca1PERS Contribution upon adoption of this resolution.
i
NOW THEREFORE, the CityCouncil of the City oHuntington Beach does
hereby resolve as follows:
1. Establish salary range 725.
2. CalPERS Contribution by Non-Represented employees shall be as
reflected in Exhibit A, attached hereto and incorporated by this reference.
3. Except as modified herein, existing
isting benefits shall remain in effect.
4. Any resolution in conflict/herewith, whether by minute action or
resolution of the City Council heretofore approved, is hereby repealed.
r
PASSED AND ADOPTED fby the City Council of the City of Huntington Beach
at a regular meeting thereof held/on the day of , 20_.
i
f Mayor
REVIE D APPROVED: INIT AT ND- r VE
d
City[y4aLfr it ctor of Human Resources
APPROVED AS TO FORM:
j Cit Attorney ld ti 3
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13-3996/102479
Resolution No. 2013-63
EXHIBIT A f'
r
NON-ASSOCIATED EMPLOYEES PAY AND BENEFIT RESOLUTION,,,',/
Effective December 16, 2013, salary range for the position of Police Chief is es ablished at
pay grade 725:
Annual Salary Range: ,�1
fi
Pay Grade 725 168,688.00 177,965.84 187,753.96 98,099.20 208,994.66
�F.
Job (Description Pay Starting Control High
Type Grade Pointy Point Point
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0011 Police Chief 725 $84.10 $90.27 T7 $100.48
d'
Three Percent(3%) at Age 50 Formula ?
Effective December 16, 2013, "Safety" employees hired after December 1, 2013 shall
pay nine (9%) of the employee share q PERS.
IN WITNESS WHEREOF,tfie parties executed this document on the dates written
below. '
I
*/City ger
t-
G, -; r,,. rj Dated:
h APPROVED AS TO FORM:
a; ity Attorney
Dated: f 0 -',j-<7 `J