HomeMy WebLinkAboutCity Council - 2024-45 RESOLUTION NO. 2024-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
APPOINTING DAVID CAIN AS INTERIM CHIEF FINANCIAL OFFICER
WHEREAS, Government Code Section 21221(h) of the Public Employees' Retirement
Law permits the governing body to appoint a CalPERS 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, the City Council of the City of Huntington Beach desires to appoint David
Cain as an Interim appointment retired annuitant to the vacant position of Chief Financial Officer
for the City of Huntington Beach under Government Code 21221(h), effective September 9,2024;
and
WHEREAS,an appointment under Government Code Section 21221(h)requires the retiree
is appointed into the interim appointment during recruitment for a permanent appointment; and
WHEREAS, the governing body has authorized the search for a permanent appointment
on August 13, 2024, and
WHEREAS, 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 the permanent appointment, or by not later than September 9, 2025, whichever is
earlier; and
WHEREAS, the entire employment agreement, contract or appointment document
between David Cain and the City of Huntington Beach has been reviewed by this body and is
attached herein; 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
WHEREAS, the maximum monthly base salary for this position is $18,724.84 and the
hourly equivalent is$108.03;the minimum monthly base salary for this position is $13,972.13 and
the hourly equivalent is $80.61; and
WHEREAS, the hourly rate paid to David Cain will be $108.03; and
WHEREAS, David Cain 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, BE IT RESOLVED THAT the City Council of the City of
Huntington Beach hereby certifies the nature of the employment of David Cain as described herein
and detailed in the attached employment agreement/contract/appointment document and that this
RESOLUTION NO. 2024-45
appointment is necessary to fill the critically needed position of Chief Financial Officer for the
City of Huntington Beach by David Cain, because the City of Huntington Beach requires
experienced Financial oversight at the department head level for the Finance Department serving
a full service organization consisting of eleven departments and approximately 1,500 full time and
part time employees.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 3 A-day of 2024.
- Ism
Mayor
REVIEWED A APP VED: INITIATED AND APPROVED:
Interim City Mana er Assistant City Man ger
APPROVED AS TO FORM:
City Attorney
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EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND DAVID CAIN
THIS AGREEMENT is entered into this 9`h day of September 2Q24, between the City of
Huntington Beach, a Charter City and California municipal corporation("City,")and David Cain,
("Cain.").
RECITALS
The City Manager may appoint an Interim Chief Financial Officer to assist the City,at such
salaries or compensation as the Council may by ordinance or resolution prescribe; and
The City desires to temporarily employ the services of Cain as an Interim Chief Financial
Officer 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 Cain; and
It is the desire of the City to:
(1) Secure and retain the services of Cain on a temporary basis as set forth herein, and
to provide inducement for him to remain in such employment; and
(2) To provide a means for terminating Cain's service at such time as he may be unable
fully to discharge his duties, the law requires, or when City may otherwise desire to terminate his
employ; and
By entering this Agreement, Cain desires to accept employment as an Interim Chief
Financial Officer 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 Cain as an Interim Chief Financial Officer
of the City to perform the functions and duties of that office City Manager's direction, including
but not limited to•the following duties: a) generally providing department management and
oversight as further set forth in the Class Specification of Chief Financial Officer attached hereto
as Exhibit "A," the Municipal Code of the City of Huntington Beach, and the City Charter; and
b)to perform other legally permissible duties and functions as Chief Financial Officer as the City
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Manager shall from time to time assign. Cain 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) Cain shall serve for a definite term of one year commencing September 9, 2024,
and ending on the pay period end date immediately preceding the beginning of the pay period of. I
the permanent appointment, or by not later than September 8, 2025 (Temporary Basis).
Notwithstanding the Term of Employment, Cain shall serve at the pleasure of the City Manager
and shall be considered an at-will employee of the City in the capacity of retired annuitant, in
compliance with all requirements and limitations as listed in Government Code Sections 7522.56
and 21221(h), and any other relevant provisions of law, commencing upon execution of this
agreement, and not to exceed a term of one(1) year. Cain's total work hours from the effective
date of this Agreement through September 9,2025 shall not exceed nine hundred sixty(960)hours
per fiscal year, unless mutually agreed-to by the City Manager and Cain.
(b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the City Manager to terminate the employment of Cain at any time.
(c) Cain may resign at any time from his position with the City as provided herein.
SECTION 3. SALARY. City agrees to pay Cain for his services rendered pursuant to
this Agreement at Non-Associated Range NA0269, at $108.03 per hour (hourly salary), 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 Chief Financial Officer.
SECTION 4. OTHER BENEFITS. Cain shall receive no benefits other than his hourly
salary.
SECTION 5. TERMINATION. I
(a) The City Manager may terminate the employment of Cain at any time without
advance notice,without just cause, and without payment of severance.
(b) In the event Cain voluntarily resigns, Cain shall give the City seven (7) calendar
days written notice prior to the last workday,unless the City Manager and Cain otherwise agree.
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(c) It is understood that after notice of termination in any form, Cain and the City will
cooperate to provide for an orderly transition.
SECTION 6. FINANCIAL DISCLOSURE.
(a) Cain shall follow all State laws including the Political Reform Act. In furtherance
thereof, Cain shall report to the City any ownership interest in real property within the County of
Orange,excluding personal residence. Such reporting shall be made in writing by Cain 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, Cain 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 receipt of notice by Cain of the intended work or purchase.
(b) In addition, Cain shall annually complete and file a Form 700 Statement of
Economic Interest with the City Clerk.
SECTION 7. INDEMNIFICATION. City shall defend and indemnify Cain 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 Cain's duties as an employee or officer of City,other
than an action brought by City against Cain, or an action filed against City by Cain. In addition,the
City shall reimburse Cain documented reasonable expenses for the travel, lodging, meals, of Cain
should Cain be subject to such, should an action be pending after termination of Cain. City shall be
responsible for and have authority to compromise and settle any action, with prior consultation with
Cain,and pay the amount of any settlement or judgment rendered on that action. Cain 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 execution of this agreement.
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(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 its Interim City Manager, and Cain has signed and executed this Agreement, both in
duplicate, the day and year first above written.
DAVID CAIN CITY OF UNTIN6TON EACH
A C ' drnia m e ickpal c poration
ç
City Manager
APPROVED AS FORM:
ity ttorney
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Res. No. 2024-45
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 September 3, 2024 by the following vote:
AYES.: • Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick
NOES: None
ABSENT: None
ABSTAIN: None
e6Stanzaitu)
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California