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City of Huntington Beach
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File #: 20-2014 MEETING DATE: 11/5/2020
Adopt Resolution No. 2020-82 Appointing an Interim Police Chief and Approving the
Employment Agreement
A) Adopt Resolution No. 2020-82 A Resolution of the City of Huntington Beach Appointing an
Interim Police Chief; and
B) Approve and Authorize the Mayor to Execute the Employment Agreement
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Resolution No. 2020-82
A RESOUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPOINTING JULIAN HARVEY
AS INTERIM CHIEF OF POLICE
WHEREAS, California 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
WHEREAS, Pursuant to California Government Code Section 21221(h), the City
Council of the City of Huntington Beach desires to appoint JULIAN HARVEY as an Interim
appointment retired annuitant to the vacant position of Police Chief for the City of Huntington
Beach effective November 13, 2020; and
WHEREAS, Governor Gavin Newsom issued Executive Order N-25-20 on March 12,
2020, temporarily suspending work hour limitations for retired annuitants to expedite emergency
response and recovery until the state of emergency is lifted to enhance California's ability to
respond to COVID-19; and
WHEREAS, the City Council of the City of Huntington Beach, and JULIAN HARVEY
certify that JULIAN HARVEY has not and will not receive a"Golden Handshake" or any other
type of retirement-related incentive; and
WHEREAS, Pursuant to Government Code Section 21221(h), an appointment of a retiree
to an interim position requires the public entity to conduct a recruitment for a permanent
appointment; and
WHEREAS, the governing body has authorized the search for a permanent appointment
of a Chief of Police on November 5, 2020, and
WHEREAS, Government Code Section 21221(h) allows for the appointment of an
interim one time. Therefore the interim position will end on the pay period end date immediately
preceding the beginning of the pay period of appointment of the permanent appointment, or not
later than November 4, 2021, whichever occurs first; and
WHEREAS,the entire employment agreement, contract or appointment document
between JULIAN HARVEYand the City of Huntington Beach has been reviewed by City Council
and is attached hereto; and
WHEREAS, 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
20-9128/239109
WHEREAS, 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
WHEREAS, the hourly rate paid to JULIAN HARVEY will be $ 1 Oto 3 ; and
WHEREAS, JULIAN HARVEY 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
NOW,THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington
Beach as follows:
1. The City Council of the City of Huntington Beach hereby certifies the nature of the
employment of JULIAN HARVEY 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 Chief of Police for the City of
Huntington Beach by November 5, 2020, because the City of Huntington Beach requires
experienced operational oversight at the department head level of its Uniform,
Investigations, Administrative Operations, Administrative Services, Professional
Standards, Training, and Community Support operations, including the oversight of
approximately 345 sworn and non-sworn personnel, and a$80 million budget for Fiscal
Year 2020/2021.
2. City Council further authorizes the search for a permanent Chief of Police.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a special
meeting thereof held on the 5th day of November, 2020.
yor
WED AND APPROVED INITIATED AND APPROVED
City Manager Assistant City Manager
APPROVED AS TO FORM:
CnCity AttomeyMj
20-9128/239109
Res. No. 2020-82
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 special meeting thereof held on
November 5, 2020, by the following vote:
AYES: Posey, Delgleize, Hardy, Carr, Brenden
NOES: Semeta, Peterson
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND JULIAN HARVEY
THIS AGREEMENT is entered into this 12th day of November, 2020, between the City
of Huntington Beach, a California municipal corporation, subsequently called "City," and Julian
Harvey, subsequently called "Harvey."
RECITALS
The City Manager may, appoint an Interim Police Chief to assist the City, at such salaries
or compensation as the Council may by ordinance or resolution prescribe; and
The City desires to employ the services of Harvey as an Interim Police Chief of the City of
Huntington Beach; and
It is the desire of the City to provide certain compensation, establish certain conditions of
employment, and to set working conditions of Harvey; and
It is the desire of the City to:
(1) Secure and retain the services of Harvey and to provide inducement for him to
remain in such employment; and
(2) To provide a means for terminating Harvey'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 Police 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 Harvey as an Interim Police Chief of the
City to perform the functions and duties of that office including under City Manager direction,
providing management oversight in directing the activities and operations of the City as further set
forth in the Class Specification of Police Chief attached hereto as Exhibit "A," the Municipal
Code of the City of Huntington Beach and the City Charter, and to perform other legally
permissible duties and functions as Police Chief as the City Manager shall from time to time
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assign. Harvey 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) Harvey shall serve for a definite term at the pleasure of the City Manager and shall
be considered an at-will employee of the City in the capacity of retired annuitant, commencing
upon execution of this agreement, and not to exceed a term of one (1) year.
(b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the City Manager to terminate the employment of Harvey at any time.
(c) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of Harvey to resign at any time from his position with the City.
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 Harvey's time off, and with the advance approval of the City Manager.
SECTION 3. SALARY. City agrees to pay Harvey for his services rendered pursuant to
this Agreement at Non-Associated Range NA0011,at$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 Police Chief.
SECTION 4. OTHER BENEFITS.
(a) Harvey shall receive no benefits other than his hourly salary.
SECTION 5. TERMINATION.
(a) The City Manager may terminate the employment of Harvey 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 last
name 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.
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(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 Harvey voluntarily resigns, Harvey shall give the City seven
(7) calendar days written notice prior to the last workday, unless the City Manager and
otherwise agree.
(f) It is understood that after notice of termination in any form, Harvey and the City
will cooperate to provide for an orderly transition.
SECTION 6. FINANCIAL DISCLOSURE.
(a) Harvey shall report to the City any ownership interest in real property within the
County of Orange, excluding personal residence. Also, Harvey shall report to the City 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 Harvey to the City 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, Harvey shall report in writing to the City 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, Harvey shall annually complete and file a Form 700 Statement of
Economic Interest with the City Clerk.
SECTION 7. INDEMNIFICATION. City shall defend and indemnify Harvey 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 Harvey's duties as an employee or officer of City,
other than an action brought by City against Harvey, or an action filed against City by Harvey. In
addition, the City shall reimburse Harvey documented reasonable expenses for the travel, lodging,
meals, of Harvey should Harvey be subject to such, should an action be pending after termination of
Harvey. City shall be responsible for and have authority to compromise and settle any action, with
prior consultation with Harvey, and pay the amount of any settlement or judgment rendered on that
action. Harvey shall cooperate fully with City in the settlement, compromise, preparation of the
defense, or trial of any such action.
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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 execution of this agreement.
(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 WHEREOF, City has caused this Agreement to be signed and executed on
its behalf by City Council,and Harvey has signed and executed this Agreement, both in duplicate,
the day and year first above written.
JULIAN HA V Y CITY OF HUNTINGTON BEACH
/C: MOM
May
APPROVED AS TO FORM:
D
City Manager City Attorney
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20-9128/239114
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CITY OF HUNTINGTON BEACH Su 4
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CLASS SPECIFICATION
TITLE: POLICE CHIEF DATE: SEPTEMBER, 1975
JOB CODE: 0011
EMPLOYMENT STATUS: REGULAR FULL-TIME
UNIT REPRESENTATION: NON-ASSOCIATED
FLSA STATUS: EXEMPT
DUTIES SUMMARY
To administer and direct all operations and activities of the Police Department designed to
prevent and repress crime, to recover property, and to regulate non-criminal conduct.
DISTINGUISHING CHARACTERISTICS
EXAMPLES OF ESSENTIAL DUTIES
Administers all operations, activities, and policies of the Police Department; oversees the
planning, organization, coordination, direction and controlling of all departmental
procedures, policies, and functions; determines departmental policies, advises Captains
regarding major policy procedures and provides for policy implementation; establishes
departmental goals and objectives based upon the needs of the community and the
capabilities of the department; attends and participates in various meetings related to
public safety enforcement and problems; reviews, coordinates and approves all
departmental plans in order to assure consistency with departmental policies, goals, and
objectives; inspects or provides for the inspection of all police personnel in order to insure
proper discipline is maintained; oversees the preparation of the budget and approves the
final product; provides for the development of in-service training programs for all
department personnel; advises and assists police officers in non-routine investigations
and personally participates in the more difficult police problems; performs other duties 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:
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CITY OF HUNTINGTON BEACH Su ,
HB
CLASS SPECIFICATION
TITLE: POLICE CHIEF DATE: SEPTEMBER, 1975
Knowledge of: Extensive knowledge of the principles and practices of modern police
administration and police methods.
Ability to: Ability to plan, organize, and direct the work of a large number of
subordinates performing varied operations connected with police activities; ability to
plan, initiate, and carry out long-term programs in police department administration,
employee training, and law enforcement.
Education: Graduation from a college or university with a major in Police Science,
Criminology, Public Administration, Law, or a related field; or any combination of training
and experience which provides the required knowledges, skills, and abilities.
Experience: Eight (8) years of experience in law enforcement including two (2) years
of experience at the level of Captain or higher.
Certification: Valid California drivers license.
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