HomeMy WebLinkAboutResolution No. 22-8072 - Appointing Retired Annuitant to Vacant Position of City ManagerTHIS EMPLOYMENT AGREEMENT FOR INTERIM CITY MANAGER
("Agreement") is made and entered into as of this 24th day of May, 2022 by and between
the City of Downey ("City") and Mark Scott ("Scott").
A. Pursuant to Government Code sections 7522.56(c) and 21221 (h), City
desires to employ Scott, a California Public Employees' Retirement
System (CaIPERS) retiree, on an interim basis in the position of Interim
City Manager for the City while the City actively recruits a permanent City
Manager.
BA Pursuant to Government Code sections 7522.56(c) and 21221 (h), the City
Council finds that the position of Interim City Manager requires specialized
skills and experience associated with city management and that Scott
possesses the skills needed to perform the functions and duties of Interim
City Manager.
C. Scott desires to accept appointment to the position of Interim City
Manager under the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants contained herein, the parties agree as follows:
1. Duties. City hereby employs Scott as Interim City Manager for the City to
perform the functions and duties of the City Manager, as specified by position job
description, by Downey Municipal Code, Article 11, Chapter 2 and by ordinances and
resolutions of City Council, and to perform such other legally permissible and proper
duties and functions as the City Council may from time to time assign for the efficient
management of the City.
2. ►fork Schedule. Scott is expected to engage in the hours of work that
are necessary to fulfill the duties and obligations of the position. Normal work
schedule will be 32 hours per week, subject to change as work needs may require.
Scott shall be available during normal City business hours and shall be available for
attendance at City Council and other meetings during non -business hours as may be
necessary. Scott acknowledges that his duties may require performance of services
outside of normal business hours. Scott is expected to perform the majority his
duties on City premises, but shall be allowed to telecommute as necessary.
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3. Work Restrictions. It is the understanding of the parties that Scott is a
retiree in the California Public Employees' Retirement System ("CalPERS") and,
consequently, he may not work more than 960 hours for all public agency members of
CalPERS within the fiscal year occurring during the term of this Agreement without
impacting his retirement benefits and having to be enrolled in CalPERS as an active
employee. Accordingly, under no circumstances may Scott work more than 960 hours
during any fiscal year, defined as the period beginning July 1 st and ending June 30th of
each year, including any service to other CaIPERS employers. Scott shall keep
accurate time records of his hours worked to ensure that he does not exceed 960 hours
within any fiscal year that occurs during the term of this Agreement and for payroll
purposes. Scott further represents that he will not perform work for any other public
agency member of CalPERS during the term of this Agreement. If a controversy arises
between Scott and CaIPERS regarding the impact of this Agreement and the services
provided for herein on the nature of CalPERS retirement terms or benefits, the City
shall have no obligation to intervene in or to defend or prosecute such dispute.
4. Term. Subject to earlier termination as provided for in this Agreement,
Scott shall be employed for a term beginning June 27, 2022 and ending on June 30,
2023, or when a permanent City Manager assumes office, whichever is sooner. The
term of this Agreement may not be extended, and Scott may not be reappointed as
Interim City Manager after the term of this Agreement. It is understood by both
parties that the outgoing City Manager will continue in office until June 30, 2022.
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the number of hours Scott has available under CalPERS regulations for Fiscal Year
2021/22, ending June 30, 2022.
5. Corn ation. For services rendered pursuant to this Agreement, City
agrees to pay Scott compensation of $138.20 per hour, which amount is in
conformance with the requirements of Government Code sections 21221 (h) and
7522.56(d). This hourly rate is not more than the maximum, nor less than the
minimum, of the monthly base salary paid to other previous employees performing
comparable duties as listed on a publicly available pay schedule for the City Manager
position, divided by 173.333. Scott shall not receive from the City any benefits,
incentives, compensation in lieu of benefits, or any other forms of compensation in
addition to the hourly rate set forth herein. The hourly wages paid pursuant to this
accordance with applicable law.
6. Bendts. Scott hereby waives all benefits provided to City employees,
including but not limited to, retirement contribution, health/medical insurance, dental
insurance, life and disability insurance, sick leave, vacation, unemployment insurance
and similar benefits. Scott recognizes that Government Code sections 21221 (h) and
7522.56(d) provide that a retired person appointed to a vacant position pursuant to that
subdivision may not receive any benefits, incentives, compensation in lieu of benefits,
or any other forms of compensation in addition to the hourly rate.
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7. jermfnation, The City may terminate this Agreement at any time with or
without cause. Scott may terminate this Agreement at any time with or without cause,
provided, however, that he shall endeavor to provide the City Council with at least thirty
(30) days' advance written notice prior to the effective date of termination. Scott agrees
that he shall not be entitled to any severance pay as the result of the termination of this
Agreement for any reason •_
8. At4will EmpftmenVEL�jA ExompL Scott shall serve at the will and
pleasure of the City Council and understands he is an "at -will" employee subject to
summary dismissal without any right of notice or hearing, including any so-called
"Skelly" hearing. Scott will not acquire any property interest in the position of Interim
City Manager and is employed solely on a temporary basis to perform specialized
services in accordance with Government Code sections 7522.56(c) and 21221 (h).
Scott further understands and agrees that his position is that of an exempt employee for
purposes of the Fair Labor Standards Act.
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14. Notices. Any notice required or permitted by this Agreement shall be in
writing and shall be personally served or sent by U.S. Mail, first class postage prepaid,
to the following address:
To City: City of Downey
11111 Brookshire Ave
Downey, CA 90241
Attn: James McQueen, Director of Human Resources
To Scott: Mark Scott
11111 Brookshire Ave.
Downey, CA 90241
Notices shall be deemed given as of the date of personal service or upon
the date of deposit in the United States Mail.
15. Entire Aareement. This Agreement supersedes any and all prior
understandings or agreements, written or oral, between the parties, and contains all of
the covenants and agreements between the parties regarding the subject matter
herein. Each party acknowledges that no promises, representations, inducements or
agreements, oral or otherwise, have been made by any party, or anyone acting on
behalf of any party, that are not set forth herein. No modification to this Agreement
shall be effective unless reduced to writing and signed by both parties.
16. Severability. In the event any provision of this Agreement is held to be
unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion
thereof shall be deemed severable and shall not be affected and shall remain in full
force an effect.
17. Waiver. No waiver of any provision of this Agreement shall be effective
unless in writing and signed by a duly authorized representative of the party against
whom enforcement of a waiver is sought. No waiver of any right or remedy in respect of
any occurrence or event shall be deemed a waiver of any right or remedy in respect of
any other occurrence or event.
18. Governing Law and Venue., This Agreement shall be governed by and
construed in accordance with the laws of the State of California. The exclusive venue
for all disputes arising from or related to this Agreement shall be the Superior Court for
the County of Los Angeles, Downey Courthouse.
19. Interpretation. Each party and its counsel (if sought) have participated
fully in the review and revision of this Agreement. Any rule of construction to the effect
that ambiguities are to be resolved against the drafting party shall not apply in
interpreting this Agreement. The language in this Agreement shall be interpreted as to
its fair meaning and not strictly for or against any party.
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21. n e andent Legal Advit:- City and Scott represent and warrant to each,
other togtj@�Lh��r� bhd understands the terms and provisions ... has
had an opportunity to review this Agreement with legal counsel, and has executed this
Agreement based upon such party's own judgment and advice of independent legal
counsel (if sought).
CITY OF DOWNEY MARK SCOTT
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Blanca P.,hpn KA
lanca Pacheco, Mayor