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HomeMy WebLinkAboutResolution No. 23-8151 - Appointing Roger Bradley as City Manager and Approving the Employment AgreementRESOLUTION NO. 23-8151 A RESOLUTION OF THE CITY COUNCIL OF THE ;CITY OF DOWNEY APPOINTING ROGER IBRADLEY AS THE CITY MANAGER AND APPROVING EMPLOYMENT AGREEMENT WHEREAS, the City of Downey desires to appoint Roger Bradley to the position of City Manager for the City of Downey, effective March 14, 2023; and WHEREAS, the entire employment agreement between Roger Bradley and the City of Downey has been reviewed by this body and is attached herein; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Effective March 14, 2023,- Roger `Bradley shall be appointed City Manager of the City of Downey. SECTION 2. The employment agreement with Roger Bradley, copy of which is attached to the February 14, 2023 staff report as Exhibit ;B, is approved by the City Council. In accordance with Downey Municipal Code Section 2204, the approved compensation is the authorized compensation is $287,456.04 annually, plus $10,000 per year contribution to employer sponsored retirement plan, and all other fringe benefits consistent with those provided to the City's Executive Employees as established by resolution of the City Council. The City Attorney is authorized to 'make further amendments to the agreement to make technical corrections and comply with applicable laws. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 14th day of February, 2023. CLAUD M. FROMET , Mayor ATTEST: VAMA ALICIA DUART ,-CMC City Clerk I, Maria Alicia Duarte, City Clerk of the City Council of the City of Downey California, do hereby certify that the whole number of the members of the City Council is four (4); that the above and foregoing Resolution was duly and regularly passed and adopted by at least three affirmative votes of all members at a Special meeting of the City Council of the City of Downey on the 14t" day of February, 2023, by the following vote: AYES: Council Members: Horn, Sosa; Trujillo, Frometa NOES: Council Members: None. ABSENT: Council Members: None. ABSTAIN: Council Members: None. 1AALICIA AZT , CMC City Clerk EXHIBIT A EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into as ;of this 14th day of February 2023, by and between the CITY OF DOWNEY, a charter city and municipal corporation (hereinafter ``City"), and ROGER BRADLEY (hereinafter "Employee"), both of whom understand as follows: RECITALS A. City desires to engage the services of Employee, and Employee desires to accept employment as City Manager of the City of Downey. B. The City Council desires to (1) Encourage the highest standards of fidelity and public service on the part of Employee; and (2) Provide a just means for terminating Employee's services at such time as he may be unable fully to discharge their duties, or when City may desire otherwise to terminate their employment. C. The parties further desire to establish certain benefits and certain conditions of Employee's employment. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained the parties agree as follows: 1. Duties. City agrees to employ Employee as City Manager of City to perform the functions and duties specified in City's Charter, and Municipal Code and the Government Code of the State of California, and to perform such other legally permissible and proper duties and functions as the City Council may from time to time assign. 65186, 00000\41016 851 Employee shall not consult or engage in other non -City connected business or employment (aside from community volunteer activities) without the prior knowledge and express approval of the City Council. 2. Term. Employee shall commence service as City Manager on March 14, 2023 through March 14, 2028, unless terminated as provided in Section 3 herein. Any extension to go beyond March 14, 2028 requires a formal, written amendment to this agreement. In the event that the City Council does not want to renew the term of the agreement; the City shall inform City Manager, in writing, no less than 90 days prior to the end of the term: 3. Termination and Resignation. A. Employee's employment with the City is on an at -will basis. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate, by a majority vote of the City Council, the services of Employee without cause, at any time, subject only to the City providing written notice to Employee, and complying with the Downey Charter and Downey Municipal Code. Specifically, City may terminate this agreement for any reason by submitting thirty (30) days' written notice to the Employee stating the Council's intention to terminate this Agreement and remove him as City Manager and the reasons therefor. City shall comply with the requirements of Section 607 of the Downey City Charter and the Downey Municipal Code. The time periods specified in Section 607 and Municipal Code Section 2208 shall be deemed to run concurrently with the thirty (30) days' notice"provision of this section. Notwithstanding the foregoing, notice of termination shall not be given during or within a period of ninety (90) 65136r000W41016851 1 _ i _ days succeeding any general municipal election held in the City at which a member of the City Council is elected: B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign from their position, subject only to Employee providing forty-five (45) days prior written notice to the City. Employee's resignation shall be deemed accepted upon delivery of a written resignation to the Mayor, or if the Mayor is' unavailable, the Mayor Pro Tem. C. Notwithstanding the provisions of Paragraph A of this Section 3, in the event Employee is terminated by City for "cause," then City may terminate this Agreement and Employee shall be entitled to only the compensation accrued up to the date of termination. As used in this section, "cause" shall mean any of the following: (1) Conviction of any felony. (2) Conviction of a misdemeanor arising directly out of the City Manager's duties pursuant to this Agreement involving a willful and intentional violation of law. (3) Conviction of any crime involving moral turpitude. (4) Removal from office by the Grand Jury. (5) Willful abandonment of duties. (6) A pattern of repeated, willful and intentional failure to carry out clear, unambiguous, materially significant and legally constituted policy decisions of the City Council made by the City Council as a body. 65186, 00000\41016851 1 "(7) Any other action or inaction by Employee that materially and substantially impedes or disrupts the performance of Employer or its organizational units, is detrimental to employee safety or public safety, violates properly established rules or procedures. D. In the event Employee is terminated by the City Council at anytime that Employee is still willing and able to perform the duties of City Manager, and the termination is without cause as "cause" is defined in Paragraph C above, then, subject to the limitations set forth in the Downey Charter Section 607 and Government Code Section 53260, and upon delivery to the City of an executed Separation Agreement and release of all claims in a form acceptable to the City within 30 days of the termination, the City shall pay Employee a lump sum cash payment of then current rates of six (6) month's t base salary and medical insurance premium only. Employee agrees that in the event of his voluntary resignation from his position with the City, he is not entitled to the severance payment specified herein. The word "termination" in this paragraph shall include a reduction in salary (other than an across-the-board reduction applicable to all senior level employees) or other financial benefits of Employee or Employee's resignation, if preceded by a formal request by a majority of the membership of the City Council that they resign. E. Effect of Payment of Severance/Release. (1) It is understood and agreed by the parties hereto that Employee is employed at will, and that upon the City's full payment of severance benefits to 'Employee, any right of Employee to continued employment with City is terminated and C Employee releases and discharges City and its officers, agents and employees from any claim, demand, or cause of action or damages for wrongful termination. (2) This Section does not otherwise affect, waive, nor release any other rights Employee may have under this Agreement, or applicable law. (3) This Section will survive termination of the Agreement. 4. Revolving Door. Employee must comply with Government Code § 87406.3 for a period of one year after separating from service with City. This section will survive termination of this Agreement. 5. Compensation. City agrees to pay Employee for the services required by this Agreement a base annual salary of $287,456.04 payable in installments at the same time as other employees of the City are paid, The City may increase said base salary and/or any other benefits of Employee in such amounts and to such an extent as City Council may determine that it is desirable to do so on the basis of an annual salary and performance review of Employee. The City will pay Employee $300 per month for vehicle allowance, or other higher amount as may be provided to the City's Executive Management employees as established by resolution of the City Council. This allowance provides complete reimbursement to Employee for the use of their private vehicle and any other unreimbursed vehicle expenses. Employee must provide their own automobile for their use in performing 65186.{)()000\41016851 1 .-5- their duties and is responsible for all maintenance, repair, fuel and insurance expenses for said vehicle. City will provide a city issued cellular telephone for transaction of City business. City shall make monthly contributions on behalf of Employee to a qualified employer sponsored retirement plan in an amount equivalent to $10,000 per year. All other benefits, other than compensation which is set out in this Section 5, will be equivalent to those provided to the City's Executive Management employees as established by resolution of the City Council. b. Hours of Work. Employee shall generally work when City Hall is open for business as determined by the City Council. In addition, Employee's duties may involve expenditures of time in excess of forty (40) hours per week, and will also include time outside normal office hours such as attendance at City Council and other meetings. Employee shall be exempt from paid overtime compensation and from Fair Labor Standard Act work 'hours restrictions and may modify their schedule within reason to adjust for attendance at meetings at night and during other times outside of ordinary business hours. It is recognized that Employee must devote a great deal of his time outside normal office hours to do business of the City, and to that end, Employee will be allowed to take compensatory time off as he shall deem appropriate during said normal office hours. 65 196 00000\41016Ra 1 1' 7.. Leaves, Vacation and Holidays. Employee shall be entitled to all leave, vacation and holiday benefits provided to the City's Executive Management employees as established by resolution of the City Council. 8. Life Insurance. The City shall provide the employee with a life insurance policy in an amount equal to that provided to the City's Executive Management employees as established by resolution of the City Council. 9. Health Insurance. The City shall provide the employee with health insurance in an amount equal to that provided to the City's Executive Management employees as established by resolution of the City Council. 10. Retirement. Employee will be entitled to retirement benefits through the California Public Employees' Retirement System in an amount equal to the City's Executive Management employees as established by resolution of the City Council.' 11. Long -Term Disability Insurance. Employee will be entitled to long term disability benefits through the California Public Employees' Retirement System in an amount equal to the City's Executive Management employees as established by resolution of the City Council. 12. Other Insurance. City shall provide and pay for all other insurance mandated by State law. 65186.00000\41016851.1 - 7 - 13. Professional Development. City agrees to budget for and pay travel and subsistence expenses of Employee for professional travel, official travel, meetings necessary to pursue official and other functions for the City and to continue professional development of Employee, to the extent deemed reasonable by the City Council. 14. Memberships. City agrees to pay Employee's membership dues in the International City Management Association ("ICMA"), California League of Cities, California City Managers Foundation and other similar organizations to which City is a member, at City expense with prior City approval Employee shall have a reasonable right to attend meetings of such organizations. 15. General Expenses. City recognizes that certain extraordinary expenses of a non - personal and job affiliated nature may be incurred by Employee. City agrees to reimburse Employee for reasonable expenses which are submitted to the City within thirty (30) days for approval and which are 'supported by expense receipts, statements or personal affidavits, and an audit thereof to like manner as other demands against the City. 16. Evaluation of; Performance. The City Council shall annually review and provide Employee with an evaluation of his performance based on criteria established by the Council with Employee's assistance. The reviews are expected annually based on the employees hire date, or at any other time requested by Employee. Notwithstanding the foregoing, the City Council may evaluate Employee at any time. 65186.00000\a PO 16851 1 - 17. Other Terms and Conditions of Employment. ---- The City Council may from time to time fix other terms and conditions of employment relating to the performance of Employee provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Municipal Code, or other applicable law. 18. Assembly Bill 1344 Compliance. To the extent city provides. (i) paid leave to Employee pending an investigation; (ii) funds for the legal criminal defense of the Employees and/or (iii) a cash settlement to Employee related to the termination of the Employee pursuant to Section 3 of this Agreement and Government Code Section 53243 et seq., Employee shall fully reimburse the City for any and all amounts paid by the City which fall within subsections (i) through (iii) of this section in the event that the Employee is convicted of a crime involving the abuse of office or position. 19. General Provisions. A The text herein shall constitute the entire agreement between the parties. No representations have been made or relied 'upon except as set forth herein. This Agreement may be amended or modified only by a written, fully executed agreement of the Parties. B. If Employee dies or becomes incapacitated during the term of this Agreement, any accrued and unpaid wages provided by the terms of this Agreement shall be paid by City to Employee's spouse or if no spouse, to Employee's dependents. C. If any provision or portion hereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable the remainder of this 65186,00000\41016851 1 -.9 Agreement or portion thereof shall be deemed severable and shall not be affected and shall remain in full force and effect. D. City agrees to defend and 'indemnify Employee in accordance with the California Government Code. This Section will survive termination of the Agreement. E. City shall bear the cost of any fidelity or :other bonds required of Employee under any law or ordinance. F. This Agreement may be changed or amended by the mutual written consent of City and Employee. Any benefits to Employee under this Agreement may be increased or added to by motion of the City Council without formal amendment to this Agreement. G. Employee is expected to conform to the ICMA Code of Ethics and must comply with all applicable provisions of the City's conflict of interest code. H. This Agreement shall be construed in accordance with the laws of the State of California and the parties agree that venue shall be in the state court in the County of Los Angeles, California. 1. This Agreement is contingent upon Employee successfully completing an industry standard medical examination, to be completed before the first day of employment with the city. (Signatures on following page) 65186 00000\41016851.1 10