HomeMy Public PortalAbout2012.150 (07-17-12)RESOLUTION NO. 2012.150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING AN AGREEMENT FOR THE RETENTION OF SERVICES OF THE AT-
WILL PUBLIC INFORMATION OFFICER AND AUTHORIZING THE CITY MANAGER
TO EXECUTVE THE AGREEMENT
WHEREAS, the City of Lynwood is a General Law City under California law and
is governed by and elected City Council; and
WHEREAS, the management of the day -to -day business of the City is the
responsibility of the City Manager` and
WHEREAS, under the general direction of the City Manager, the Public
Relations Department handles the public relations of the City; and
WHEREAS, staff has been presented with an opportunity to retain the services
of a new at -will Public Information Officer: and
WHEREAS, the City Manager has selected a candidate for the position of Public
Information Officer and authorized the extension of terms of employment to the Public
Information Officer under an "at- will" employment agreement, a copy of which is
attached hereto as Exhibit "A."
NOW, THEREFORE, THE LYNWOOD CITY COUNCIL DOES HEREBY
RESOLVE AND DETERMINE AS FOLLOWS:
Section 1. The Mayor is authorized to execute the attached at -will PUBLIC
INFORMATION OFFICER EMPLOYMENT AGREEMENT on behalf of the City, subject
to the City Attorney's approval of the form.
Section 2. The Public Information Officer is authorized and directed to
commence performance of the duties of the position upon the effective date of the
agreement.
Section 3. That this Resolution is to be given effect upon its adoption by the
City Council of the City of Lynwood and execution of the same by the appropriate
parties.
PASSED, APPROVED and ADOPTED this 17 day of July, 2012
Jim Morton, Mayor
ATTEST:
aria Quinonez, City Clerk
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APPROVED AS TO FORM:
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Fred Galante, City Attorney
APPROVED AS TO CONTENT:
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Alfredo J. irector of
Human Resources
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, Do Hereby Certify That the
foregoing Resolution was passed and adopted by the City Council of the City Of
Lynwood At a regular meeting held on the 17 day of July, 2012.
AYES:
NOES:
ABSENT:
ABSTAIN
COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAWBEAS,
ALATORRE AND MORTON
NONE
NONE
NONE
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Maria Quinonez, 6itylerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Resolution No. 2012.150 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 17 day of July, 2012.
Maria Quinonez, 6ty Clerk
THE CITY OF LYNWOOD
PUBLIC INFORMATION OFFICER
EMPLOYMENT AGREEMENT
This at -will PUBLIC INFORMATION N OFFICE42 EMPLOYMENT AGREEMENT
( "Agreement ") is effective the :r��lay of ,(� by and between the CITY OF
LYNWOOD, a general law city and municipal corporation ( "City ") and MARISELA
SANTANA, an individual ( "Public Information Officer ").
RECITAtiS Ated.d.y
WHEREAS, the City Council of the City ( "Council ") desires to employ Marisela Santana
to serve in the at -will position of Public Information Officer for the City;
WHEREAS, Public Information Officer desires to perform and assume responsibility for
the provisions of such professional services to the City;
WHEREAS, the parties wish to establish the terms and conditions of Public Information
Officer's services to the City
WHEREAS, the appointment is subject to a background check to the satisfaction of the
City Manager.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City
and Public Information Officer hereby agree as follows:
AGREEMENT.
1.0 EMPLOYMENT & DUTIES
1.1 Duties City hereby employs Public Information Officer to perform the
functions and duties of a Public Information Officer as such duties are customarily performed by
a person in such position, as specified in any position description for the Public Information
Officer and to perform such other legally permissible and proper duties and functions as the
Public Relations Director shall, from time -to -time, direct or assign, including, but not limited to,
the duties of Public Information Officer of the City, unless said duties are reassigned by the
Public Relations Director.
1.2 Work Schedule The parties agree that the Public Information Officer
shall engage in the hours of work that are necessary to fulfill the obligations of the position and
must devote a time in addition to the City's regular business hours to the business of the City.
Public Information Officer acknowledges that City Hall is open Monday through Thursday from
7:00 am to 6:00 pm and is closed on Friday such that the City's standard work week is 4 10- hour
days. Notwithstanding the foregoing, the Public Information Officer will be permitted
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reasonable time off during the City's business hours, as is customary for exempt employees, so
long as the time off does not interfere with the City's business.
1.3 Outside Activities. The Public Information Officer shall not spend more
than 10 hours per week in teaching, consulting or other non- City- connected business activity
without the prior approval of the Public Relations Director, and none of Public Information
Officer's outside activities shall be in conflict with her performance and responsibilities as
Public Information Officer.
1.4 Direction. The City shall retain full direction and control of the manner,
means and methods by which Public Information Officer performs the services for which she is
employed hereunder and of the place or places at which such services shall be rendered.
1.5 Employment Status; At -Will Public Information Officer shall serve at
the will and pleasure of the City Manager and understands she is an "at -will' employee serving
at the pleasure of the City Manager and subject to summary dismissal without any right of notice
or hearing, including any so- called Skelly hearing. City Manager may terminate the employment
of Public Information Officer at any time, with or without cause, as set forth in Section 3.2
below. The Parties acknowledge that while Public Information Officer is afforded the benefits
described in Article 6.0 and those benefits provided other City management in accordance with
the "Comprehensive Memorandum of Understanding for Submission to the Lynwood City
Council Regarding Lynwood Management Bargaining Group" ( "MOU "), as may be amended. A
copy of which is attached hereto as Exhibit "C," Public Information Officer is not an employee
represented by any bargaining unit and nothing in this Agreement or the City's policies or
procedures, either now or in the future, is intended to change the at -will nature of this
relationship.
1.6 City Documents All data, studies, reports and other documents
prepared by Public Information Officer while performing her duties during the term of this
Agreement shall be furnished to and become the property of the City, without restriction or
limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written information, and other materials
either created by or provided to Public Information Officer in connection with the performance
of this Agreement shall be held confidential by Public Information Officer to the extent
permitted by applicable law. Such materials shall not, without the prior written consent of the
Council, be used by Public Information Officer for any purposes other than the performance of
her duties for the City. Nor shall such materials be disclosed to any person or entity not
connected with the performance of services under this Agreement, except as required by law.
1.7 FLSA Exempt Status Public Information Officer agrees that her
position is that of an exempt employee for the purposes of the Fair Labor Standards Act.
2.0 COMPENSATION AND REIMBURSEMENT
2.1 Compensation For the services rendered pursuant to this Agreement,
City agrees to pay Public Information Officer an annual salary of Thirty Eight Thousand and
00 /100 Dollars ($38,000.00) ( "Salary "), which shall be paid on a bi- weekly at the same time that
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other employees of City are paid. The Salary shall be adjusted for payroll taxes, workers'
compensation and other payroll - related liability costs. Public Information Officer understands
and agrees that her compensation for the first pay period that she is working for the City shall be
prorated consistent with all applicable laws as she is commencing work in the middle of a pay
period.
2.2 Annual Salary Review City and Public Information Officer agree to
conduct an annual salary review concurrently with the annual performance evaluation set forth in
Article 5.0. In addition, a merit increase up to five percent (5 %) of the Salary may be granted on
the Public Information Officer's one year anniversary in the sole discretion of the City Manager.
2.3 Effectuating Salary Adjustment City and Public Information Officer
agree that any upward adjustment in the Salary paid to Public Information Officer shall be at the
discretion of the City Manager.
3.0 TERM
3.1 Commencement & Effective Date Public Information Officer Ml
commence her services hereunder at 7:00 a.m. Pacific time on the.2� y 4r�',', of 0
which shall also be deemed the effective date of this Agreement and sha 1 terminate within one
(1) year, unless extended by the City Council. Additionally, the City Council may review the
need for this position within six (6) months of the effective date and, in its discretion, terminate
this Agreement at such time with or without cause.
3.2 Termination Without Cause The City Manager or his designee may
terminate this Agreement at any time with or without cause, without notice to Public Information
Officer. Additionally, Public Information Officer may terminate this Agreement at any time
with or without cause, provided she provides City Manager with at least thirty (30) days advance
written notice prior to the effective date of termination, unless a shorter period is acceptable to
the City Manager. Public Information Officer expressly agrees that she shall not be entitled to
any severance pay as the result of any termination of this Agreement initiated by the Public
Information Officer; whereas, should the City elect to terminate or not extend this Agreement,
and the services of Public Information Officer hereunder, City shall, upon the effective date of
such termination, pay to Public Information Officer severance as provided in Section 4.1 below,
except in the case of termination for cause under Section 3.3 below, and all accrued but unpaid
Salary and vested benefits through the date of termination.
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3.3 Termination for Cause Notwithstanding anything herein to the
contrary, the City may terminate Public Information Officer's employment hereunder for cause
for any one of the following reasons: Public Information Officer's loss of legal capacity;
personal dishonesty by Public Information Officer in performing her duties hereunder; acts of
fraud or misrepresentation or any act of malfeasance or moral turpitude; conflicts of interest or
breach of fiduciary duty; gross negligence or incompetence in performing his or her duties
hereunder; willful breach by Public Information Officer of any provision of this Agreement;
Public Information Officer's insubordination or willful failure to follow City policies,
procedures, rules or regulations; Public Information Officer's willful and serious misconduct;
actions by Public Information Officer that are seriously detrimental to the reputation of the City;
or Public Information Officer's conviction of a criminal offense. The City may also terminate
Public Information Officer's employment under this Agreement for material performance
deficiencies, other than those listed above, upon written notice to Public Information Officer,
specifying the nature of the performance deficiencies, and upon Public Information Officer's
failure to improve said deficiencies within thirty (30) days thereafter. Upon termination of Public
Information Officer employment with the City, the City shall be under no further obligation to
Public Information Officer except to pay all accrued but unpaid Salary and vested benefits
through the date of termination.
3.4 Coo erp ation After notice of termination, Public Information Officer
shall cooperate with the City, as requested by the City, to effect a transition of Public
Information Officer's responsibilities and to ensure that the City is aware of all matters being
handled by Public Information Officer.
4.0 SEVERANCE
4.1 Severance Pay Except as provided in Section 3.3, should City elect to
terminate or not extend the services of Public Information Officer hereunder, City shall, upon the
effective date of such termination, pay Public Information Officer severance pay in a sum equal
to one (1) month of her Salary, together with all other vested benefits, as and for severance pay.
4.2 Payment For Accrued Benefits Except as provided for in Article 6.0,
upon the termination of this Agreement and the services of Public Information Officer
thereunder, City shall pay to Public Information Officer the cash equivalent of all vacation leave
then accrued. Such cash equivalent shall be calculated by dividing Public Information Officer's
then - prevailing annual salary by 2080 hours and by multiplying the resulting quotient by the
number of hours accrued (but unused) vacation, as the case may be.
4.3 Sole Rights The severance rights provided in Article 4.0 shall
constitute the sole and only entitlement of Public Information Officer in the event of the
termination, other than for cause or non - extension of this Agreement, and Public Information
Officer expressly waives any and all other rights except as provided herein. Any and all
severance rights are conditioned upon execution of standard "Agreement of Separation,
Severance and General Release" attached hereto as Exhibit `B."
5.0 PERFORMANCE EVALUATIONS.
5.1 Purpose The performance review and evaluation process set forth
herein is intended to provide review and feedback to Public Information Officer so as to facilitate
a more effective management of City. Nothing herein shall be deemed to alter or change the
employment status of Public Information Officer, nor shall this Article 5.0 be construed as
requiring "cause" to terminate this Agreement or the services of Public Information Officer
thereunder.
5.2 Six Month Evaluation The City Manager may review and evaluate the
performance of Public Information Officer within six (6) months after the commencement of this
Agreement. The City Manager may consider Public Information Officer's performance in light
of Approved Goals or other criteria as deemed appropriate by the City Manager. Such review
and evaluation shall be conducted in accordance with the purpose noted in Section 5.1 above.
5.3 Annual Evaluation The City Manager may review and evaluate the
performance of Public Information Officer annually, within thirty (30) days after each
anniversary date. In addition, Public Information Officer shall submit for Public Relations
Director's consideration at those times established by the Public Relations Director, but at least
annually, Public Information Officer's proposed performance goals and objectives and
incorporate the City Manager's suggestions. Such review and evaluation shall be conducted
concurrently with an annual salary review, and in accordance with the purpose noted in Section
5.1 above.
6.0 BENEFITS
6.1 Electronic Media Allowance. City shall provide Public Information
Officer with a monthly allowance for electronic media of One Hundred Twenty -Five Dollars
($- 125.00) as full compensation for the cost associated with the purchase and use of electronic
media to be used for City - related business, which allowance shall be paid to Public Information
Officer through payroll, with applicable taxes and other payroll - liability costs deducted. Public
Information Officer understands that any applicable taxes are her responsibility to pay and not
covered by the City.
6.2 Bilingual Pay. In accordance with "Comprehensive Memorandum of
Understanding for Submission to the Lynwood City Council Regarding Lynwood Management
Bargaining Group" as may be amended and attached hereto as Exhibit "C" (hereinafter "MOU "),
Public Information Officer shall be paid bilingual pay of One Hundred Twenty Five Dollars
($125) per month upon passing a verbal bilingual exam to the satisfaction of the Human
Resources Department.
6.3 Medical, Dental, Vision and Life Insurance City shall provide to Public
Information Officer the same group medical, dental, vision, and life insurance plans and /or
programs as are offered to the City's Management in accordance with the MOU. The City's
contribution on behalf of Public Information Officer toward any PERS health insurance plan
shall be at the family premium rate for LA County Kaiser coverage. In addition, the City will
pay the full cost of dental plan premiums and vision plan premiums for Public Information
Officer and her eligible dependents. City shall provide and pay for a life insurance policy for
Public Information Officer in the amount of Fifty Thousand Dollars ($50,000).
6.4 PERS. In accordance with the MOU, City shall pay Public Information
Officer's share of retirement contributions to the California Public Employees' Retirement
System ( "PERS ") in an amount equal to the Management Bargaining Group as defined by the
Public Employees' Retirement Law ( "PERL "), Government Code Section 20000, et seq. The
City's contribution toward any retirement plan shall be revised if the applicable City
contributions are revised in the Management Benefit Plan. The City will also afford Public
Information Officer the retirement benefit commonly referred to as "3% at 60." Accordingly,
City shall pay Public Information Officer's share of all required contributions to PERS, as
provided to other City Management employees of the City in accordance with the MOU.
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6.5 Vacation, Personal and Sick Leave In accordance with the MOU, and
subject to vacation, personal and sick leave accruals as outlined in the Management Benefit Plan,
Public Information Officer shall accrue leave as follows: Vacation at the rate of Eighty (80)
hours per year; Sick leave at a rate of Ninety -Six (96) hours per year; Personal leave at a rate of
Twenty (20) hours per year. Public Information Officer's accrual rates shall be revised if the
accrual rates, as set forth in the Management Benefit Plan, are revised. Additionally, as further
described in the Management Benefit Plan sell back provisions, Vacation leave may be
converted into cash, up to One Hundred (100) hours in one year.
6.6 Holidays In accordance with the MOU, Public Information Officer
shall be entitled to Nine (9) days of paid holiday time and a total of Five (5) floating holidays per
year.
7.0 PROFESSIONAL DEVELOPMENT
7.1 Membership City encourages Public Information Officer's continued
professional development and membership and shall provide payment of appropriate related
costs for such activities, as approved by the City Manager.
7.2 Out -of -Town Meetings & Seminars City agrees to reimburse Public
Information Officer the actual cost for registration, travel, lodging, and meals and other
reasonable expenses incurred by Public Information Officer while attending overnight out -of-
town meetings or seminars related to her employment which are pre- approved by the City
Manager and in accordance with the City's policies for expense reimbursement. To be eligible
to receive reimbursement for meals and lodging for out -of -town meetings or seminars, Public
Information Officer must have budgeted funds available for same.
7.3 Local Meetings & Seminars City agrees to reimburse Public
Information Officer the actual cost of registration, meals and other expenses necessarily incurred
while in attendance at local meetings or seminars related to her employment with City in
accordance with the City's policies for expense reimbursement.
7.4 Incidental Expenses City agrees to reimburse Public Information
Officer the actual cost of those incidental expenses necessarily incurred by Public Information
Officer while engaged in the business of City upon the presentation of an appropriate receipt
therefor in accordance with the City's policies for expense reimbursement.
7.5 . Approval by City Manager To be eligible to receive reimbursement for
the memberships, travel and other expenses incurred pursuant to this Article 7.0, Public
Information Officer shall obtain advance approval of Public Relations Director.
8.0 INDEMNIFICATION
8.1 Indemnification For the purposes of indemnification and defense of
legal actions, Public Information Officer shall be considered an employee of the City and entitled
to the same rights and subject to the same obligations as are provided for all other employees of
the City as set forth in the California Government Code. Accordingly, City shall defend, hold
harmless and indemnify Public Information Officer against any tort, professional liability, claim
or demand, or other legal action arising out of an alleged act or omission occurring in the
performance of Public Information Officer's serves under this Agreement. This section shall not
apply to any intentional tort or crime committed by Public Information Officer, to any action
outside the course and scope of the services provided by Public Information Officer under this
Agreement, or any other intentional or malicious conduct or gross negligence of Public
Information Officer.
9.0 GENERAL PROVISIONS
9.1 Entire Agreement This Agreement represents the entire agreement
between the parties and supersedes any and all other agreements, either oral or in writing,
between the parties with respect to Public Information Officer's employment by City and
contains all of the covenants and agreements between the parties with respect to such
employment. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by either party, or anyone acting on
behalf of either party, which are not embodied herein, and that no other agreement, statement or
promises not contained in this Agreement shall be valid or binding upon either party.
9.2 Notices Any notice required or permitted by this Agreement shall be in
writing and shall be personally served or shall be sufficiently given when served upon the other
party as sent by United States Postal Service, postage prepaid and addressed as follows:
To City:
City Manager
City of Lynwood
11330 Bullis Road
Lynwood, California 90262
To Public Information Officer:
At her home address on file with the City
Notices shall be deemed given as of the date of personal service or within two (2) days of
the date of deposit in the course of transmission with the United States Postal Service.
9.3 Conflicts Prohibited During the term of this Agreement, Public
Information Officer shall not engage in any business or transaction or maintain a financial
interest which.conflicts, or reasonably might be expected to conflict, with the proper discharge of
Public Information Officer's duties under this Agreement. Public Information Officer shall
comply with all requirements of law, including but not limited to, Sections 87100 et sec , Section
1090 and Section 1125 of the Government Code, and all other similar statutory and
administrative rules.
9.4 Effect of Waiver The failure of either party to insist on strict
compliance with any of the terms, covenants, or conditions of this Agreement by the other party
shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or
relinquishment of any right or power at any one time or times be deemed a waiver or
relinquishment of that right or power for all or any other times.
9.5 Partial Invalidity If any provision in this Agreement is held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall
nevertheless continue in full force without being impaired or invalidated in any way.
9.6 Govemine Law This Agreement shall be governed by and construed in
accordance with the laws of the State of California, which are in full force and effect as of the
date of execution.
9.7 Independent Legal Advice City and Public Information Officer
represent and warrant to each other that each has received legal advice from independent and
separate legal counsel with respect to the legal effect of this Agreement and, City and Public
Information Officer further represent and warrant that each has carefully reviewed this entire
Agreement and that each and every term thereof is understood and that the terms of this
Agreement are contractual and not a mere recital. This Agreement shall not be construed against
the party or its representatives who drafted it or who drafted any portion thereof.
All -
IN WITNESS WHEREOF, the City of Lynwood has caused this Agreement to be signed
and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly
authorized, and Redevelopment Director has signed and executed this Agreement, all in
triplicate.
ATTEST:
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CITY OF LYNWOOD:
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APPROVED AS TO FORM:
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Fred Galante, City Attorney Roger F Haley, ity Manager
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EXHIBIT B
COMPREHENSIVE MEMORANDUM OF UNDERSTANDING
FOR SUBMISSION TO THE LYNWOOD CITY COUNCIL
REGARDING LYNWOOD MANAGEMENT BARGAINING GROUP
JULY 1, 2011 TO NNE 30, 2012
[See attached]
ATTACHMENT B
AGREEMENT OF SEPARATION, SEVERANCE AND GENERAL RELEASE
PARTIES
This Agreement of Separation, Severance and General Release (hereinafter referred to as the
"AGREEMENT ") is entered into by and between the City of Lynwood (hereinafter referred to as
"THE CITY "), a general law city and municipal corporation, and (hereinafter referred to as
"EMPLOYEE ").
2. RECITALS
2.1. EMPLOYEE was hired by THE CITY as an at will effective
serving at the pleasure of the City Council of THE CITY pursuant to a written contract, a
copy of which is attached hereto as Exhibit "A" ( "THE CONTRACT "). EMPLOYEE is currently
years old.
2.2. THE CITY and EMPLOYEE desire that EMPLOYEE resign and enter into
a severance agreement whereby EMPLOYEE receives severance compensation in exchange for
executing a general release and waiver of any and all claims that EMPLOYEE may have against
THE CITY, including but not limited to its elected and non - elected officials, employees, attorneys,
and agents. Accordingly, the parties hereto intend by this AGREEMENT to mutually conclude any
and all employment relationships between THE CITY and EMPLOYEE by means of
EMPLOYEE's voluntary separation as of , _, with this AGREEMENT setting forth the
full and complete terms and conditions concluding EMPLOYEE's employment relationship with
the CITY and any obligations related thereto, including any provided under THE CONTRACT.
2.3 In accordance with this AGREEMENT and with applicable state and federal
laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE's post
employment rights, including but not limited to, EMPLOYEE's rights under the Consolidated
Omnibus Budget Reconciliation Act of 1985 ( "COBRA "), the Employee Retirement Income
Security Act of 1974 ( "ERISA "), and the Health Insurance Portability and Accountability Act of
1996 ( "HIPAA ").
3.
3.1 EMPLOYEE shall receive payment to him at the time of his voluntary
separation all earned salary, accrued fringe benefi ts as detailed in THE CONTRACT, and/or all
other wage compensationibenefits owed to EMPLOYEE upon separation of employment as
required by law or THE CONTRACT or any other agreement with THE CITY.