HomeMy WebLinkAboutAffirm the Employment Agreements for Sean Joyce as Interim C 2000 Main street.
Huntington Beach CA
648
City of Huntington Beach aJ� 7 -
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File #: 22-032 MEETING DATE: 1/18/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis K Hopkins, Assistant City Manager
PREPARED BY: Travis K Hopkins, Assistant City Manager
Subject:
Affirm the Employment Agreements for Sean Joyce as Interim City Manager and Eric Parra as
Chief of Police
Statement of Issue:
In December 2021 . the City Council selected and appointed Sean Joyce as the Interim City Manager
and Eric Parra as the Chief of Police during special meetings The employment agreements for
these positions are being affirmed during a regularly scheduled City Council meeting pursuant to, and
in accordance with. Government Code Section 54956 (b).
Financial Impact:
Funding for both positions is included in the FY 2021/2022 budget
Recommended Action:
Pursuant to Government Code Section 54956 (b), approve the following actions
A) Affirm the employment agreement with Mr. Joyce who has been appointed to serve as Interim
City Manager; and/or
B) Affirm the employment agreement with Mr Parra who has been appointed to serve as the Chief of
Police.
Alternative Action(s):
Do not approve one or more recommended actions and provide staff with alternate direction.
Analysis:
During a special meeting on December 1 , 2021 , the City Council and City Manager selected Eric
Parra as the Police Chief and authorized the execution of an Employment Agreement with Mr_ Parra.
During a special meeting on December 14, 2021 , the City Council selected Sean Joyce as the
Interim City Manager and authorized the execution of an Employment Agreement with Mr. Joyce.
City of Huntington Beach Page 1 of 2 Pnrte cn 1 12,2022
i8fi
File #: 22-032 MEETING DATE: 1/18/2022
The City Council affirms the direction to execute the employment agreements of Mr. Joyce and Mr.
Parra (see attached).
Environmental Status:
N/A
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(§):
1 . Employment Agreement with Sean Joyce
2. Employment Agreement with Eric Parra
City of Huntington Beach Page 2 of 2 Printed on 1/12/2022
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1 City of Huntington Beach 928e8
File 9: 21-989 MEETING DATE: 1 211 4/2 0 2 1
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Oliver Chi, City Manager
Sub'ect:
Approve the appointment of Sean Joyce as Interim City Manager.
Statement of Issue:
During the past several weeks, the City Council has met in Closed Session on three occasions
(November 16, December 1, and December 7) to consider various options for filling the role of
Interim City Manager. After deliberation, the City Council has identified Sean Joyce as the individual
best suited to serve in that role
Financial Impact:
Funding for the position of Interim City Manager is available and included in the FY 2021/22 budget.
Recommended Action:
Approve the attached employment agreement between the City and Sean Joyce. naming Mr.
Joyce as Interim City Manager.
Alternative Action(s):
Do not approve the employment agreement with Mr. Joyce, and provide staff with alternate direction.
Analysis:
The current city manager's last day with the City of Huntington Beach will be December 23, 2021. In
order to ensure operational continuity at the City, it is necessary to identify an Interim City Manager
while a nationwide recruitment is conducted to fill the permanent city manager position, which will
likely occur during the first half of 2022.
Mr. Joyce was identified by the City Council as their preferred candidate to serve as Interim City
Manager. He brings with him over 30 years of municipal management experience, having retired as
City Manager for the City of Irvine in February 2018. Prior to that, Mr. Joyce held a variety of
management and staff positions with the cities of South Pasadena, Sierra Madre, and Walnut. Also
of note, most recently, Mr. Joyce served as Interim City Manager for the city of South Pasadena, from
September 2020 - May 2021. A copy of Mr. Joyce's resume is included as an attachment to this
Gay of Hwurgwn Beam Pape 1 of 2 Priieeo on 12A W2021
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File #: 21-989 MEETING DATE: 1 2/1 412 02 1
report for City Council reference.
The proposed employment agreement being contemplated with Mr. Joyce contains the following key
provisions:
Start date - 12/20/21
Base salary - $122.68 / hour
Benefits - None
The agreement can be terminated at any time for any reason by the City Council with no
severance consideration.
Environmental Status:
N/A
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Employment agreement with Sean Joyce to serve as Interim City Manager
2. Sean Joyce resume
City of Huntington Beach Page 2 of 2 Printed on 1211 Y2021
pO•wee q Legivai-
189
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND SEAN JOYCE
THIS AGREEMENT is entered into this 14" day of December, 2021, between the City of
Huntington Beach, a California municipal corporation, subsequently called "City," and Sean
Joyce, subsequently called "Joyce."
RECITALS
WHEREAS, the City Council may appoint an Interim City Manager to assist the City, at
such salaries or compensation as the City Council may by ordinance or resolution prescribe; and
WHEREAS, the City desires to employ the services of Joyce as an Interim City Manager
of the City of Huntington Beach; and
WHEREAS, it is the desire of the City to provide certain compensation, establish certain
conditions of employment, and to set working conditions of Joyce; and
WHEREAS, it is the desire of the City to:
(1) Secure and retain the services of Joyce and to provide inducement for him
to remain in such employment; and
(2) To provide a means for terminating Joyce'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
WHEREAS, by entering this Agreement, he desires to accept employment as Interim City
Manager for the City.
NOW, THEREFORE, in consideration of the mutual covenants here contained, the parties
agree as follows:
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20-9128/239114
190
SECTION 1. DUTIES. City agrees to employ Joyce as an Interim City Manager for the
City to perform the functions and duties of that office in directing the activities and operations of
the City as set forth in the Municipal Code of the City of Huntington Bcach and the City Charter,
and to perform other legally permissible duties and functions as Interim City Manager. Joyce 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. This Agreement shall be in effect as of Decenmbcr
20, 2021, and Joyce shall serve for a definite teen at the pleasure of the City Council and shall be
considered an at-will employee of the City in the capacity of a retired annuitant, commencing upon
execution of this agreement, and not to exceed a term of one (1) year. Nothing in this Agreement
shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the
employment of Joyce at any time. Nothing in this Agreement shall prevent, limit, or otherwise
interfere with the right of Joyce to resign at any time from his position as Interim City Manager
with the City. The term "employed" (and derivations of that tern 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 Joyce's time off, and with the advance approval of the City Council.
SECTION 3. SALARY. City agrees to pay Joyce for his services rendered pursuant to
this Agreement at Non-Associated Range NA0029, at S 122.68 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 Interim City Manager.
SECTION 4. OTHER BENEFITS. Joyce shall receive no benefits other than his hourly
salary.
SECTION S. TERMINATION. The City Council may terminate the employment of
Joyce at any time without advance notice, without just cause, and without payment of severance.
In the event Joyce voluntarily resigns, Joyce shall give the City seven (7) calendar days written
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20-9128/239114
191
notice prior to his last workday. It is understood that after notice of termination in any form, Joyce
and the City will cooperate to provide for an orderly transition.
SECTION 6. FINANCIAL DISCLOSURE. Joyce shall report to the City any
ownership interest in real property within the County of Orange, excluding personal residence.
Also, Joyce 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 Joyce 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, Joyce shall report in writing to the City any financial
interest greater than Ten Thousand Dollars (SI0,000) 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. In addition, Joyce shall annually complete and file a Form 700 Statement of Economic
Interest with the City Clerk.
SECTION 7. INDEMNIFICATION. City shall defend and indemnify Joyce, including
but not limited to any: tot, 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 Joyce's duties as an employee or officer of City, other than
an action brought by City against Joyce, or an action filed against City by Joyce.
SECTION S. 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.
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20-9128/239114
192
IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on
its behalf by City Council, and Joyce has signed and executed this Agreement on the day and year
first above written.
SEA YCE OF HUN7'I4GTON AEA l
Mayor
APPROVED AS TO FORM:
City Manager Ci ttorney AM/
4
20-9128R39114 793
Sean Joyce
Sep. 2020 to Interim Cif. Manager. City gfSouth Pasadena
May 2021 Assumed interim assignment at a time of organizational turmoil and brought
stability to a proud organization located in a community that is very actively
engaged in tits City's policy making. In partnership with other city employees. I
was able to bring clarity to the City's financial and human resources to provide the
type of information that the Mayor and City Council needed to make numerous
sound policy decisions that have returned the City to a solid foundation.
Aug. 2020 to Regional Director, West Coast. Alliance Resource Consulting
Present in this role, I serve in a consulting capacity to a national executive recruiting firm.
CiR'Manager, Cifr ajlrvine, CA
Jan. 2005 Oversaw daily operations of this central Orange Count.• city ol'66 square miles and
to Feb. 2018 a residential population of 275.000. 1 served as Acting City :N4anager throughout
2005. before being appointed to the regular position in January 2006. Some of the
achievements for which I ant particularly proud include the following:
• 1 led an organization nationally recognized for its quality of life, safely,
educational institutions. parks and open space and environmental stewardship.
• 1 created a "bridee plan" that was adopted by the City Council in the immediate
afiennath of the 2008 recession. The plan called for the scheduled deployment
of accrued reserves, the reduction of positions through natural attrition. strict
cost controls, and negotiated employee concessions over the course of three
years. At the conclusion of those three years. the executed plait was proven a
success, far outperforming original estimates.
• Proposed fiscal policies that resulted in boosting general fund reserves from
5.5% of annual revenues to 15% in just two vicars—immediately preceding a
deep recession,during which these reserves were crucial to preserving core city
services throughout the recession that began in 2008. Rcscr•cs reached a level
of 2290 of annual operating expenses.
+ Working in collaboration with the mayor and others throughout the County. I
played a leadership role securing an exchange of S 121.3 million with the Orange
County Transportation Authority. This transaction relieved the general fund of
more than S2 million of annual operating expenses for operation of the City's
public transit services.
• Led development and implementation of a wide range of hwman services
progranis in furtherance of a comprehensive strategy for meeting the ;oils of
Irvine's "Children. Youth k Families Initiative." This expansive program
identified and provided for the needs of Ir•ine's oldest. Youngest. and most
vulnerable.
Provided executive leadership of an organization.comprised of more than 1.200
employees, that annually receives citizen satisfaction ratings of95% or greater
(97% in most recent survey).
194
• Irvine was recognized by the Federal Bureau of Investigation (P.B.Lj as the
safest city in the U.S. (within its population category) for violent crime each
year of the 13 \cars that I was city manager.
• Prepare and manage an annual municipal operating budget of more than S550
million (S 172 million general fund).
Jul. 2004 to Assistant Cit1 Almrager, Cite of lryine, CA
Dec. 2004 Initiated independent operational evaluations to improve operational efficiency
and service deliver. Developed a natural open space management plan whereby
a non-profit Land Reserve manages more than 2,000 acres of natural open
space—at a 20%savings to the Cite.
Nov. 1996 to
Jul. 2004 Citr Alunuger. On-ofSnath Pacudenu. CA
I assumed my position in this full-service city of25.000 residents at a time ofscandal
and crisis that had eroded public confidence in the local government. Under nip
leadership the organization dramatically improved public confidence and achieved
many cite council. ciiizen, and organizational goals.
• Transitioned an entrenched organizational culture frurn that nianaged by
intractable rules to that guided by values. Achievements include the immediate
re-opening ofCiry Hall on Fridays for the first time in nearly a decade: expanded
community services to meet ciiizen dennandt numerous improveniems to city
infrastructure and facilities.
• Oversaw preparation of the City's first comprehensive general plan amendment
in 33 \cars, followed by a complete revision of the City's Zoning Code. Both
efforts included meaningful and regular collaboration with the citizenry.
• Was chief strategist on Cay's successful opposition to the proposed construction
of the 710-freeway extension through the city. I directed stalt', special legal
counsel, consultants, lobbyists and financial resources to advance South
Pasadena's position among members ofthe State Legislature.Governor's office,
Califomia Transportation Commission, Federal Highway Administration and
special interest groups.
• Managed the preparation of capital improvement programs (CIP) for repair of
1) all city streets. alleys, curbs and goners (S20 million). 2) the city's sewer
sysicnn and, 3) water production. storage and transmission (S30 million).
• Amidst prolonged statewide economic decline. the City's general fund reserves
doubled. from an amount equal to 10%ofannual operating expenditures to more
than 20% of annual expenditures.
Sep. 1993 to Ciq•Administrator. City of Sierru Madre, C4
Nov. 1996 1 was appointed City Administrator at a time of a local fiscal crisis and lost public
confidence. I immediately focused attention to establishing fiscal stability and
leading the transition of the organization to that of a more comeniporary, customer
service-oriented municipality.
• Aflcrjust three years, the City's general fund reserves had rebounded front a
5108.000 deficit to S1.008.000 positive cash balance.
• :Nly attention to organizational development resulted in operational
improvements that increased employee morale and productivity. The
implementation of operational inlpravennents created greater efficiency and
numerous customer service enhancements.
195
• Developed and implemented downtown revitalization projects contributing to a
thvo-year 13% increase in assessed valuation of the project area during a
recessionary period.
• Coordinated a comprehensive general plan revision relying largely on cite staff
and citizen volunteers, thus ensuring adoption ofa general plan reflecting local
interests and values.
• Conducted an internal audit of the City's water production and delivery system,
followed by implementation of enhanced operational and rave setting methods
that fumed a 51.3 million cash deficit into a S500.000 cash surplus in less than
nvo years.
Apr. 1990 to Assismnt Cif'v Administrator, City of Sierra Madre. C A
Sep. 1993 Held a generalist position responsible for overseeing management of stafTof a fidl-
Service municipality comprised ol'seven operating departnhents. 52 full-tine: and
130 pan-time staff. :My significant achievements included the introduction and
implementation of an organizational commitment to customer service and
introduction of automation of numerous operational functions throughout the
organization. I developed and implemented a new employee orientation program
and improved the Cit)�'s budget development and format to be more understandable
to policy rakers and the citizenry.
Feb. 1989 to .Senior Administrative Assistant, Citv of Walnut. CA
Apr. 1990 Field a generalist position in the City Manager's office. serving an ethnically diverse
Los Angeles County city of 30.000 residents. At that time. Walnut was among (lie
fastest growing cities in the State. As administrative director to the Parks and
Recreation Commission. I prepared and administered the Ciiy's cmensive park
capital improvement program. Developed a park and public facility use and
scheduling police: developed a comprehensive city-wide emergence response plan:
administered state and federal park gents: developed and managed one of the
State's first mandaton• curbside recycling programs.
Oct. 1987 to Adminisrrative Assistant. City of Walnut, CA
Feb. 1999 As a generalist in the City Manager's office. l prepared and managed a SIQ million
annual budget, including negotiating and managing service contr cis for contract
police and fire services provided by the Count of Los Angeles. building and safety
services. engineering, planning, code enforcement. community development block
grant.and local transportation program. Performed stat7analysis concerning myriad
po)iq• matters at a time of substantial community growth.
Education California State Universitf•. Fullerton
:Master of Public Administration, emphasis in IIonian Resource Managemem.
Graduated with a 4.0 G.P.A.
California State Universi!v, Fullerton
Bachelor of Ars Degree in Political Science. emphasis in Public Administration.
FlonoM • Prtsident of the Leaeue of California Cities City Managem Division (2015-2016).
Memberships& elected by my peers throughout the state.
Activities
• City of Irvine recipient of the"Prttdom Award'awarded annually to a select few(15
of 2500 applicants) for the City's extraordinary commitment to U.S. Militanv Coast
Guard and Reserves(2010).
196
Recipient of Award for the Advancement of Diverse Communities by the City
:Managers' Npanment of the League ofCalitomia Cities(2008).
Collaboratively produced an ethics policy as a member of die Ethics Sub-Committee
of the League of California Cities' City Manager's Division(2010).
• Recipient ofthe Irvine Valley College Alumnus of the Year Award(2007).
president of Orange County City Managers Association(2015)and President of San
Gabriel Valley City:,Managers Association(1997),
• Recipient of Cal State Fullerton's Public Administration taculty's Alumnus of the
Year A ward(2013).
• Recipient of Spirit of E\CellCnee in Leadership awarded by Irvine Public Schools
Foundation(2013).
197
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Huntog;on Seem CA
(_ 1' City of Huntington Beach 92648
File #: 21-945 MEETING DATE: 12/1/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Oliver Chi, City Manager
Subiect:
Approve the appointment of Eric Parra to the position of Chief of Police and authorize the City
Manager to execute the associated Employment Agreement.
Statement of Issue:
After coordinating a nationwide recruitment, coupled with an extensive assessment process, Eric
Parra has been identified as the recommended candidate to serve as the next permanent Huntington
Beach Police Chief. Staff has negotiated contract terms with Mr. Parra and seeks City Council
approval of the recommended employment agreement.
Financial Impact:
Key details related to the proposed employment agreement with Mr. Parra includes a starting base
salary of S106.31 / hour; longevity pay in the amount of 11% per year; and providing the City's
standard police management benefits package. Further, per the proposed agreement, the City would
reimburse Mr. Parra an amount not to exceed S15,000 for reasonable security improvements for his
primary residence in Huntington Beach. Finally, the proposed employment agreement contemplates
that if the contract is terminated without cause, Mr. Parra would be provided with a 6-month
severance.
Funding for this position is included in the FY 2020/21 budget
Recommended Action:
Approve the proposed Employment Agreement with Mr. Parra to serve as the City's next Chief of
Police, and authorize the City Manager to execute any and all relevant and associated documents
Alternative Actionts):
Do not approve the employment agreement and provide staff with alternate direction
Analysis:
Since November 12, 2020, Julian Harvey has capably served as the City's Interim Chief of Police. In
an effort to fill the permanent role, the City engaged the services of an executive recruitment firm to
Gty of Hunurvton Beach Page 1 of 2 Prow on I Ir 2021
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198
File #: 21-945 MEETING DATE: 12/1/2021
conduct a nation-wide search for a new Police Chief.
Following multiple assessment rounds that included City management, staff, and City Council
assessment panels, Eric Parra was identified as the individual best suited to serve as Huntington
Beach's next Chief of Police.
Mr. Parra currently serves as Chief of Police for the City of Alhambra, and has more than 33-ye2rs of
law enforcement experience. Prior to his current role, he held a variety of leadership positions with
the Los Angeles County Sheriffs Department, leaving that agency in 2019 as Division Chief. During
the course of his career, Mr. Parra has been credited with instituting a variety of forward thinking law
enforcement initiatives, including leading reform efforts at the Los Angeles County jail system,
implementing community policing programs, and establishing improved internal law enforcement
operational practices.
Mr. Parra holds a bachelor's degree in criminal justice from California State University, Long Beach,
and also earned his juris doctorate from Western State University College of Law. In addition to
serving as a sworn law enforcement professional, Mr. Parra is also licensed by the State Bar of
California.
Environmental Status:
NIA
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Eric Parra Employment Agreement
2. Police Chief National Recruitment Brochure
City of Huntington Beach Page 2 of 2 Printed on I Ifd01202I
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199
EMPLOYMENT AGREEMENT BFTWEEN
THE CITY OF HUNTINGTON BEACH AND ERIC G. PARRA
THIS AGREEMENT is entered into this 2nd day of December, 2021, between the City of
Huntington Beach, a California municipal corporation, hereinafter"City," and Eric G. Parra,
hereinafter "Parra."
WITNESSETH
WHEREAS, the City Manager has been empowered to appoint and remove the Police
Chief, with approval of the City Council; and
WHEREAS, the City, through the City Manager, desires to employ the services of Parra
as the Police Chief for the City of Huntington Beach; and
WHEREAS, the City seeks to provide certain benefits, establish certain conditions of
employment, and to set working conditions of Parra; and
WHEREAS, the City intends to:
(1) Secure, retain, and employ the services of Parra; and
(2) Provide a means for terminating Parra's service; and
(3) Parra accepts employment as the City's Police Chief;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
Ef is Parra
Police Chief Employnrerr Agreenrem
200
Eric Pnrrn—Police Chief Employment Agreement
December 2,2021
Pagc 2 of 8
SECTION I. DUTIES.
The City agrees to employ Parra 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 duties and functions as the City Manager shall from time to
time assign. Parra 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) Parra 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 Parra at any time, subject only to the
provisions set forth in Section 6, subparagraphs(a), (b) and (c) of this Agreement, and Section 401
of the Charter of the City of Huntington Beach.
(c) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right
of Parra to resign at any time from his position with the City, subject only to the provisions set
forth in Section 6, subparagraph (d), of this Agreement.
(d) Parra agrees to remain in the exclusive employ of City for an indefinite period of
time and shall neither accept other employment nor become employed by any other employer
without the prior written approval of the City Manager until notice of Parra's resignation is given.
(e) The term "employed" (and derivations of that tern as used in the preceding
paragraph) shall include employment by another legal entity or self-employment, however, shall
201
Eric Parrn— Police Chief Employment Agreemenr
December 2,2021
Page 3 of 8
not be construed to include occasional teaching, writing, consulting, or military reserve service
performed on Parra's time off, and with the advance approval of the City Manager.
SECTION 3. SALARY.
City agrees to pay Parra for his services rendered pursuant to this Agreement at Range
NA001 1, Step E (S106.31 /hour)of the City's classification and compensation plan or Resolutions
or Ordinances from time to time enacted that govern such compensation.
SECTION 4. OTHER BENEFITS.
In addition to the foregoing benefits, Parra shall also receive all such other benefits that are
generally applicable to non-associated employees (Department Heads) hired after 12/27/97, as set
forth in Huntington Beach City Council Resolution No. 2016-50, entitled "A Resolution Of The
City Council Of The City Of Huntington Beach Modifying Salmy And Benefits For Non-
Represented Employees Including The Elected City Attorney, City Clerk, And City Treasurer. " a
copy of which is attached hereto as Exhibit "A" and incorporated by reference as fully set forth
herein. Parra will also receive Longevity Pay in the amount of 1 1% per year. Further, Parra shall
receive ancillary benefits provided to Police Management Association (PMA) members with
regard to Education Pay (6% per year), Advanced POST Certificate Pay (6% per year). Finally,
in order to install security upgrades at Parra's primary residence located in Huntington Beach, the
City shall reimburse Pa1Ta an amount not to exceed $15,000 for reasonable security enhancements
deemed eligible by the City Manager, whose approval shalt not be unreasonably withheld.
SECTION 5. ADMINISTRATIVE LEAVE.
"rhe City Manager may place Parra on Administrative Leave with full pay and benefits at
any time during the term of this Agreement.
202
Eric Parrn—Police Chief Employment Agreemenl
December 2, 2021
Page 4 of S
SECTION 6. TERMINATION AND SEVERANCE PAY.
(a) Except as provided in subsection (b), in the event the City Manager terminates the
employment of Parra, and during such time that Parra is willing and able to perform his duties
under this Agreement, then City shall pay to Pana a severance pay as follows: nine (9) months'
base salary and benefits if terminated without cause during the first twelve (12) months of Parra's
employment; then six (6) months' base salary and benefits if terminated without cause during the
thirteenth (13th) and subsequent months of Parra's employment.
(b) (1) Notwithstanding subsection (a) above, the following reasons shall
constitute grounds to terminate the employment of Parra without severance pay:
(i) a willful breach of this agreement or the willful and repeated neglect
by Parra to perform duties that he is required to perform;
(ii) conviction of any criminal act relating to employment with the City;
(iii) conviction of a felony.
(2) Prior to the time that the City Manager terminates Parra without severance
pay for any of the reasons set forth in Section (b)(I)above, and only in that case, tine City Manager
shall provide Para with written notice of proposed termination which will include the reason and
factual basis for termination. Within ten days of such notice, Parra may request an opportunity to
respond to the reasons and factual basis provided by the City Manager. If such a request to respond
is made, the City Manager shall conduct a meeting, which may be informal in nature, that Parra
may respond to the notice of proposed termination. At such meeting, Parra 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 set forth in Section (b)(1) exist or do not exist shall be final as
between the parties.
203
Eric Parrs— Police Chier Employment Agreunent
December 2,2021
Page 5 Ora
(c) In the event the City at any time during the term of this Agreement, reduces the
salary of Parra from its current level, except as part of an across-the-board reduction for all
Directors of City, or in the event City refuses, following written notice, to extend to Parra any non-
salary benefit customarily available to all Directors, or in the event Parra resigns following a
suggestion, whether formal or informal, by the City Manager that he resign, then, Parra may, at
his option, be deemed to be "terminated." The termination date will occur then at the date of
reduction or refusal to extend or such suggestion of resignation within the meaning and context of
the severance pay provision in subparagraph (a) above; provided that the option to be deemed
terminated is exercised by written notice from Parra and delivered 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 severance payment shall be calculated from the date Parra exercises the option
to be deemed terminated.
(d) In the event Parra voluntarily resigns his position, Parra shall give City written
notice at least thirty (30) days prior to the last workday, unless the City Manager and Parra
otherwise agree.
(e) It is understood that after notice of termination in any form, Parra and the City will
cooperate to provide for an orderly transition. Specific responsibilities during such transition may
be specified in a written separation agreement.
SECTION 7. DISABILITY.
If Parra is medically, physically disabled or otherwise unable to perform his duties because
of sickness, accident, injury, mental incapacity or ill health, and has provided proof of the same
from a medical professional, he shall be eligible for Disability Leave upon exhausting all accrued
sick leave, 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 tip to three (3)
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Eric Pnrrn—Police Chief Employment Agreement
December 2,2021
Page 6 of 8
months. The length of such time period of the Disability Leave shall be dependent upon the length
of the disability as demonstrated by Parra. If Parra is unable to return to work at that time, the City
shall have the option to terminate the employment of Parra, subject to the requirements imposed
on City by Section 6, paragraph (a).
SECTION 8. PERFORMANCE EVALUATION.
The City Manager shall review and evaluate in writing the performance of Parra at least
once annually. That review and evaluation shall be in accordance with specific criteria developed
in consultation with Parra and the City Manager. 'Those criteria may be added to or subtracted
from as the City Manager may from time to time determine, in consultation with Parra.
SECTION 9, GENERAL AND EXECUTIVE LEAVE
(a) Parra shall accrue General Leave in accordance with the Generai heave accrual
provisions applicable to Department Heads of the City as contained in the Non-Associated
Resolution (Exhibit "A"). Parra shall be credited for his years of service at other CaIPERS and
CaIPERS reciprocal agencies in determining his annual general leave accrual allowance. Upon
executing this agreement, Parra shall be credited with an initial allocation of 40 hours that will be
added to Parra's General Leave accrual bank. Parra shall be credited 80 hours of Executive Leave
on January I of cacti calendar year, and shall be provided with an initial allocation of 80 Executive
Leave hours upon his first day of employment for his initial calendar year with the City.
(b) Executive Leave must be used in the same calendar year it is credited, and unused
Executive Leave may not be carried forward to the next calendar year or cashed out at any time.
General Leave shall be accrued in accordance with the appropriate provisions of the Non-
Associated Resolution (Exhibit"A"). Parra shall provide the City Manager with reasonable notice
prior to taking two (2) or more General Leave or Executive Leave days off.
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Erie Parrn—Police Chief Employmeut Agreement
December 2,2021
Pagc 7 of 8
SECTION 10. PROFESSIONAL DEVELOPMENT.
The City agrees to budget and pay for Pan-a's professional memberships as normally
accorded to Department Fleads. Parra shall also receive paid leave, plus registration, travel and
reasonable expenses for short courses,conferences and seminars that are necessary for professional
/ 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 i 1. FINANCIAL DISCLOSURE.
Parra shall report to the City Manager any ownership interest in real property within the
County of Orange, excluding personal residence. Pana shall also complete and file annually,
Financial Disclosure 700 Forms. Also, Parra shall report to the City Manager any financial interest
greater than Ten Thousand Dollars ($10,000) 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 PatTa to the City
Manager within ten (10) calendar days of the execution of this agreement and within ten (10)
calendar days of acquisition of that interest in real property. Additionally, Parra 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.
SECTION 12. INDEMNIFICATION.
The City shall defend and indemnify Parra against actions, including but not limited to any:
tort, professional liability claim or demand, or other non-criminal legal, equitable or administrative
action, arising out of an alleged act or omission occurring in the performance of Parra during the
discharge of his duties as an employee / officer of the City, other than.an action brought by the City
against Parra, or an action filed against the City by Parra. The City shall pay the reasonable expenses
for the travel, lodging, meals, and lost work time of Parra should Parra be subject to such, should an
action be pending after termination of Parra. The City shall be responsible for and have authority to
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Eric Parra—Polite Chief Employment Agreement
Deternber 2,2021
Pegg 8 or 8
compromise and settle any action, with prior consultation with Parra, and pay the amount of any
settlement or judgment rendered on that action. Parra shall cooperate fully with the City in the
settlement, compromise, preparation of the defense, or trial of any such action.
SECTION 13. GENERAL PROVISIONS.
(a) The text herein shall constitute the entire Agreement between the parties.
(b) This Agreement shall become effective commencing December 27, 2021.
(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.
IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed
on its behalf by its City Manager, and Parra has signed and executed this Agreement, both in
duplicate, the day and year first above written.
C Y: PARKA:
L- e-,
Oliver Chi, City Manager Eric Parra
APPROVED A ORM:
IIV ttorney
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