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HomeMy WebLinkAboutCity Council - 2019-57 RESOLUTION NO. 2019-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPOINTING DAVID SEGURA AS INTERIM FIRE CHIEF WHEREAS, Government Code Section 21221(h) of the Public Employees' Retirement Law permits the governing body to appoint a Ca1PERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and The City Council of the City of Huntington Beach desires to appoint David Segura as an Interim appointment retired annuitant to the vacant position of Fire Chief for the City of Huntington Beach under Government Code Section 21221(h), effective August 20, 2019; and The City Council of the City of Huntington Beach, and David Segura certify that David Segura has not and will not receive a Golden Handshake or any other retirement-related incentive; and An appointment under Government Code Section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and The governing body has authorized the search for a permanent appointment on August 5, 2019, and This Government Code Section 21221(h) appointment shall only be made once and therefore will end on the pay period end date immediately preceding the beginning of the pay period of appointment of the permanent appointment, or by not later than December 20, 2019, whichever occurs latest; and The entire employment agreement, contract or appointment document between David Segura and the City of Huntington Beach has been reviewed by this body and is attached herein; and The compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and The maximum monthly base salary for this position is $18,427.07 and the hourly equivalent is $106.31; the minimum monthly base salary for this position is $14,875.47 and the hourly equivalent is $85.82; and The, hourly rate paid to David Segura will be $106.31 and David Segura has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and 19-7916/210708 1 Resolution No. 2019-57 NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Huntington Beach hereby certifies the nature of the employment of David Segura as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary to fill the critically needed position of Fire Chief for the City of Huntington Beach by August 20, 2019, because the City of Huntington Beach requires experienced operational oversight at the department head level of its marine safety, fire suppression and fire prevention operations, including the oversight of more than 198 sworn and non-sworn staff, and a$50M budget for FY 2019-20. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of August , 2019. "'Mayor REVIEWED AND APPROVED INITIATED APPROV City Manager Director of Human Resources APPROVED AS TO ORM: City Attorney k1V 19-7916/210708 2 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAVID SEGURA THIS AGREEMENT is entered into this 19th day of August 2019, between the City of Huntington Beach, a California municipal corporation, subsequently called "City," and David Segura, subsequently called "Segura." RECITALS The City Manager may, subject to the approval of the City Council,appoint an Interim Fire Chief to .assist the City, at such salaries or compensation as the Council may by ordinance or resolution prescribe; and The City,through the City Manager, desires to employ the services of Segura as an Interim Fire Chief of the City of Huntington Beach; and It is the desire of the City to provide compensation, establish certain conditions of employment, and to set working conditions of Segura; and It is the desire of the City to: (1) Secure and retain the services of Segura and to provide inducement for him to remain in such employment; and (2) To provide a means for terminating Segura's service at such time as he may be unable fully to discharge his duties or when City may otherwise desire to terminate his employ; and By entering this Agreement, he desires to accept employment as an Interim Fire Chief 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 Segura as an Interim Fire Chief of the City to perform the functions and duties of that office including under administrative direction,providing management oversight in directing the activities and operations of the Finance Department as further set forth in the Class Specification of Fire Chief attached hereto as Exhibit "A," the Municipal Code of the City of 19-7916/210710 1 Huntington Beach and the City Charter, and to perform other legally permissible duties and functions as Fire Chief as the City Manager shall from time to time assign. Segura 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) Segura shall serve for a definite term not to extend beyond December 20, 2019, at the pleasure of the City Manager and shall be considered as an at-will employee of the City in the capacity of retired annuitant, commencing upon execution of this agreement and adoption of Resolution No. 2019-57. (b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager to terminate the employment of Segura at any time. (c) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Segura to resign at any time from his position with the City. (d) Segura shall neither accept other employment or become employed by any other employer without the prior written approval of the City Manager. 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 Segura's time off, and with the advance approval of the City Manager. SECTION 3. SALARY. City agrees to pay Segura a fixed salary for his services rendered pursuant to this Agreement at Non-Associated Range NA0015, $106.31 per hour, of the City's classification and compensation plan or resolutions or ordinances from time-to-time enacted that govern such compensation for the position of Fire Chief. SECTION 4. OTHER BENEFITS. (a) Segura shall receive no benefits other than his hourly salary. 19-7916/210710 2 SECTION 5. TERMINATION. (a) The City Manager may terminate the employment of Segura at any time without advance notice, without just cause, and without payment of severance for; (i) a willful breach of this Agreement or the willful and repeated neglect by Segura to perform duties that he is required to perform; (ii) conviction of any criminal act relating to employment with City; (iii) conviction of a felony. (c) Subsequently, the decision of the City Manager as to whether reasons set forth in Section (a)(i-iii) exist or do not exist shall be final as between the parties. (e) In the event Segura voluntarily resigns, Segura shall give the City seven(7) calendar days written notice prior to the last workday, unless the City Manager and Segura otherwise agree. (f) It is understood that after notice of termination in any form, Segura and the City will cooperate to provide for an orderly transition. SECTION 6. FINANCIAL DISCLOSURE. (a) Segura shall report to the City Manager any ownership interest in real property within the County of Orange, excluding personal residence. Also, Segura shall report to the City Manager 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 Segura to the City Manager 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, Segura shall report in writing to the City Manager 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. (b) In addition, Segura shall annually complete and file a Form 700 Statement of Economic Interest with the City Clerk. 19-7916/210710 3 SECTION 7. INDEMNIFICATION. City shall defend and indemnify Segura 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 Segura's duties as an employee or officer of City,other than an action brought by City against Segura, or an action filed against City by Segura. In addition,the City shall reimburse Segura the documented reasonable expenses for the travel, lodging, meals, of Segura should Segura be subject to such, should an action be pending after termination of Segura. City shall be responsible for and have authority to compromise and settle any action, with prior consultation with Segura, and pay the amount of any settlement or judgment rendered on that action. Segura shall cooperate fully with City in the settlement, compromise, preparation of the defense, or trial of any such action. SECTION 8. GENERAL PROVISIONS. (a) The text herein, including recitals, shall constitute the entire Agreement between the parties. (b) This Agreement shall become effective upon the adoption of Resolution No. 2019- 43. (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. 19-7916/210710 4 IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its City Manager, and Segura has signed and executed this Agreement, both in duplicate, the day and year first above written. D I SEG RA: CITY OF HUNTINGTON BEACH 4 ity Manager APPROVED A ORM: i y orney 19-7916/210710 5 1V77G5!! f-F CITY OF HUNTINGTON BEACH Su ity CLASS SPECIFICATION Haven 'ten TITLE: FIRE CHIEF DATE: OCTOBER, 1975 JOB CODE: 0015 EMPLOYMENT STATUS: REGULAR FULL-TIME UNIT REPRESENTATION: NON-ASSOCIATED FLSA STATUS: EXEMPT DUTIES SUMMARY To administer and direct all operations and activities of the Fire Department in order to protect the lives and property of citizens from loss due to fire related hazards or emergency medical. EXAMPLES OF ESSENTIAL DUTIES Administers all operations, activities and policies of the Fire Department; oversees all planning, organization, coordination, direction and controlling of all departmental procedures, policies and functions; determines departmental policy and provides for its implementation; oversees the preparation of the budget and approves the final products; conducts annual general inspection and detailed evaluations of fire stations; oversees the deployment, performance and evaluation of department personnel; reviews work and reports of immediate subordinates; conducts staff meetings and participates in in-service training; coordinates departmental operations with other.City departments and other cities; functions as City incident officer for certain types of City emergencies; performs other tasks as assigned by the City Administrator; The preceding duties have been provided as examples of the essential types of work performed by positions within this job classification. The City, at its discretion, may add, modify, change or rescind work assignments as needed. MINIMUM QUALIFICATIONS Any combination of education, training, and experience that would likely provide the knowledge, skills, and abilities to successfully perform in the position is qualifying. A typical combination includes: Knowledge of: Modern fire fighting methods; laws, rules and regulations relating to fire control and prevention; Page 1 of 2 CITY OF HUNTINGTON BEACH Su „if CLASS SPECIFICATION Humm &moo TITLE: FIRE CHIEF DATE: OCTOBER, 1975 Ability to: Apply modern fire fighting methods to varied fire control and fire prevention problems; effectively lead and command subordinates; plan, initiate and carry out long- term programs in Fire Department administration, employee training, fire prevention, fire control, emergency medical care, and disaster control; plan, assign and coordinate activities performed by a large group of employees in varied fire fighting work. Education: Graduation from an accredited college or university with a degree in Public Administration, Political Science or any related field. Or the equivalent in training and experience which provides the required skills and abilities. Experience: Eight (8) years of experience including four (4) years of administrative and supervisory experience. Certification: Valid California drivers license Page 2 of 2 Res. No. 2019-57 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, 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 August 19, 2019 by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Hardy NOES: None ABSENT: Delgleize RECUSE: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California