HomeMy Public PortalAbout07) 7F Employment Agreement - Adm Svc DirectorCity Council
02/21/12
Page 2
Services Director until such time that a highly qualified candidate could be found
during the upcoming City recruitment process .
5. On July 5 1 2011, the City Council adopted Resolution No . 11-4765 (Attachment B),
which approved the full-time employee classes and corresponding salary ranges for
all City employees.
6 . On July 5, 2011, the City Council also adopted Resolution No. 11-4766 (Attachment
C) which amended the City's Personnel Rules and Regulations to delete the
Financial Services Manager position from the City Table of Organization.
7 . On August 2, 2011, the City Council moved to approve the class specifications for
the Administrative Services Director position (Attachment D).
8. On August 18, 2011, the City Council adopted Resolution No. 11-4771 (Attachment
E) approving the salary range for the newly created position of Administrative
Services Director.
9. Between August and November 2011, the City advertised for the Administrative
Services Director position in various local and statewide professional publications
including Western City Magazine, California Society of Municipal Finance Officers,
Jobs Available, ICMA and on the City website. The recruitment deadline was
placed at November 18, 2011.
10. On the November 18 , 2011 I the City received 35 applications. However in an effort
to obtain a more qualified applicant pool, the City Manager extended the
recruitment deadline to December 30, 2011.
11 . On December 30, 2011, the City received 11 more applications from qualified
candidates .
12. On December 20 1 2011, the City Council approved Resolution No. 11-4782
(Attachment F) which requires that all new employees hired on or after January 1 I
2012 pay for the full 8% normal member contribution to the California Public
Employees Retirement System ("CaiPERS").
13. On January 4 , 2012, the Personnel Analyst thoroughly reviewed all of the
applications and provided the City Manager with a list of seven potential candidates
to be interviewed by an outside City panel.
14. On January 25, 2012, the first round of interviews were conducted by a professional
outside panel from the cities of Arcadia, Covina, Glendora, and South Pasadena.
After these interviews, the panel provided the City Manager with the top three
candidates for a second interview with the City Manager.
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02/21/12
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15 . On January 30, 2012, the City Manager conducted the second round of interviews
with the top three candidates as recommended by the outside City panel.
16. During the week of February 6 , 2012, the City Manager conducted reference
checks and received impressive feedback regarding the selected candidate.
17. On February, 13, 2012, the City Attorney reviewed the Employment Agreement and
approved it to form .
18. On February 14, 2012, the City Manager made an employment offer to the
successful candidate pending City Council approval of the Employment Agreement
and the successful completion of the City's pre-employment medical and
background check process. The candidate accepted the employment offer based
on these contingencies.
ANALYSIS :
During the Fiscal Year (FY) 2011-12 City Budget process, the City Cou neil approved a
City department reorganization which essentially merged the Financial Services
Department with Personnel, Insurance, and Information Technology (IT) to form the
Administrat ive Services Department w ith the goal of consolidating these separate areas
into a more cohesive and streamlined department. In order to effectuate this
department reorganization , the City Council also approved the addition of a new
position to the City 's Table of Organization (i.e ., Administrative Services Director) while
deleting the Financial Services Manager position .
Consistent with City Council's direction, last summer the City initiated the recruitment
process for a new Administrative Services Director that included placing ads for this
position in various local and statewide professional publications (i.e ., Western City
Magazine, California Society of Municipal Finance Officers, Jobs Available, and ICMA)
with an initial deadline for applications of November 18, 2011 . After a cursory review by
Personnel Analyst of the applications received revealed that only two applications were
received from qualified candidates , the City Manager extended the application deadline
to December 30, 2011 in order for potential qualified applicants to submit an application .
The time extension for this recruitment netted seven potential candidates who were
invited to participate in the first round of interviews by an outside professional City
panel. Thereafter, the three top scoring candidates were invited back for a second
interview with the City Manager.
After an extens ive recruitment process, the City has successfully secured a very
qualified employee to fill the Administrative Services Director's position. If the City
Council approves the Employment Agreement for the selected candidate, this new staff
member will complete the City's management team while also relieving the City
City Council
02/21/12
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Manager of having to cover for this position during the past eight months .
At this time, staff is requesting that the City Council approve an at-will employment
agreement with the successful candidate so that they can join the City team by March
19 , 2012 and in time for the Fiscal Year (FY) 2012-13 City Budget process .
FISCAL IMPACT:
None because on June 28, 2011, the City Council approved funding for this at-will
position as part of the Fiscal Year (FY) 2011-12 City Budget adoption process.
CONCLUSION:
In an effort to fill the new Administrative Services Director position with a highly qualified
candidate, the City advertised this employment opportunity in several local and
statewide venues . After two rounds of interviews, the next step in hiring process is for
the City Council to consider approval of an at-will employment agreement with the
successful candidate (i.e ., Tracey Hause) who has worked in various capacities for the
cities of Arcadia (i.e., Administrative Services Director), Glendale (Assistant Director of
Finance), Burbank (i.e ., Financial Services Director), and San Gabriel (i.e., Finance
Director), and currently with First 5 LA as the Finance Director.
ATTACHMENT(S):
A. Employment Agreement
B. Resolution No . 11-4765
C. Resolution No . 11-4766
D . Job Specification for the Administrative Services Director
E. Resolution No .11-4771
F. Resolution No . 11-4782
EMPLOYMENT AGREEMENT
For the Position Of
ADMINISTRATIVE SERVICES DIRECTOR
Attachment A
This Employment Agreement ("Agreement") is made and entered into this 21st day of
February 2012, by and between the CITY OF TEMPLE CITY ("CITY"), a California charter
city, and TRACEY L. HAUSE ("HAUSE"), an individual, on the following terms and
conditions:
RECITALS
A. CITY desires to employ the services of HAUSE as Administrative Services
Director of CITY ("Administrative Services Director''), as provided for by the Temple City
Municipal Code, in consideration of and subject to the terms , conditions, and benefits set forth in
this Agreement.
B. HAUSE desires to accept employment as Administrative Services Director in
consideration of and subject to the terms, conditions, and benefits set forth in this Agreement.
OPERATIVE PROVISIONS
In consideration of the promises and covenants contained herein, the parties agree as
follows:
1. Position and Duties.
1.1 Position. HAUSE accepts employment with CITY as its Administrative Services
Director and shall perform all functions, duties and services set forth in Section 1.4 [Duties] of
this Agreement.
1.2 Period of Employment I Commencement Date. This Agreement commences
and is effective, provided it has been signed by HAUSE and the City Manager, March 19, 2012
("Commencement Date") and HAUSE shall commence the performance of her duties as the
Administrative Services Director as of that date.
1.3 At-Will. HAUSE acknowledges that she is an at-will employee of CITY who
shall serve at the pleasure of the City Manager at all times during the period of her service
hereunder and that her employment may be terminated at any time for any or no reason with or
without cause as provided in Section 5 [Termination] of this Agreement and/or by operation of
State or Federal Law. To the extent they conflict with this at-will status under, or the terms of,
this Agreement, the terms of CITY's personnel rules, policies, regulations, procedures,
ordinances, and resolutions, including without limitation the 2008 City Personnel Rules and
Regulations, Resolution 09-4615, Resolution 10-4685 and City Administrative Policies
(collectively "Personnel Policies"), as they may be amended or supplemented from time to time,
shall not apply to HAUSE, and nothing in this Agreement is intended to, or does, confer upon
HAUSE any right to any property interest in continued employment, or any due process right to
a hearing before or after a decision by the City Manager to terminate her employment, except as
RIV #4819·3111-7832 v2 1
is expressly provided in Section 5 [Termination] of this Agreement and/or by operation of State
or Federal Law. Nothing contained in this Agreement shall in any way prevent, limit or
otherwise interfere with the right of CITY to terminate the services of HAUSE as provided in
Section 5 [Termination]. Nothing in this Agreement shall prevent, limit or otherwise interfere
with the right of HAUSE to resign at any time from this position with CITY, subject only to the
provisions set forth in Section 5 [Termination) of this Agreement.
1.4 Duties. HAUSE shall have the powers, duties and responsibilities set forth in this
Section 1.4. HAUSE shall exercise such powers and perform such duties and responsibilities at
the direction and under the supervision of the City Manager.
1.4.1 HAUSE shall serve as the Administrative Services Director and
perform the duties set forth in the Job Description attached hereto and incorporated herein by
reference as Attachment ''A". In addition to the foregoing, as the Administrative Services
Director HAUSE shall: (a) keep the City Manager fully apprised of all significant ongoing
operations of the Administrative Services Department; (b) report directly to the City Manager;
(c) periodically, or as may be otherwise specifically requested by the City Manager or City
Council, provide status reports to the City Council on her activities and those of the
Administrative Services Department; (d) function as the administrative services liaison with the
City Council and the Temple City community; and (e) serve as the Personnel Officer for the
City.
1.4.2 Without additional compensation, HAUSE shall provide such other
services as are customary and appropriate to the position of Administrative Services Director,
together with such additional services consistent with California law and the Temple City
Charter and Municipal Code that are assigned from time to time by the City Manager. HAUSE
shall devote her best efforts and full-time attention to the performance of these duties.
1.5 Hours of Work. HAUSE shall devote the time necessary to adequately perform
her duties as Administrative Services Director as provided herein. In addition, HAUSE may be
placed on a alternate work schedule by the City Manager (i.e., 4110 or 9/80). HAUSE shall be
required to have an onsite presence at City Hall during each day of her work schedule assigned
by the City Manager to provide adequate availability to the City Manager, CITY staff, and
members of the community during normal business hours for City Hall and for the performance
of her duties and of CITY business. The position of Administrative Services Director shall be
deemed an exempt position under state and federal wage and hour laws. HAUSE's
compensation (whether salary or benefits or other allowances) is not based on hours worked and
HAUSE shall not be entitled to any compensation for overtime.
1.6 Regional and Professional Activity. CITY desires HAUSE to be reasonably
active in national , statewide, regional and professional organizations that will contribute to
Administrative Services Director's professional development and standing and that will
contribute to the advancement of CITY's interests and standing. Toward that end, HAUSE may,
upon advance approval from the City Manager and adequate budgeted funds therefore, undertake
such activities as are directly related to her professional development and that advance the
interests and standing of CITY. These activities may include, without limitation, participation in
the California Contract Cities Association, California League of Cities, or other similar national,
RIV 114819-3111-7832 v2 2
statewide, regional or professional organizations, provided that such activities do not in any way
interfere with or adversely affect her employment as Administrative Services Director or the
performance of her duties as provided herein. CITY agrees to reimburse, as provided in Section
1.8 [Reimbursement] of this Agreement, HAUSE's reasonable and necessary travel, business and
subsistence expenses for the activities described herein.
1.7 Other Activity. In accordance with Government Code Section 1126, during the
period of her employment, HAUSE shall not accept, without the express prior written consent of
the City Manager, any other employment or engage, directly or indirectly, in any other business,
commercial, or professional activity (except as permitted under Section 1.6 [Regional and
Professional Activity]), whether or not to pecuniary advantage, that is or may be competitive
with CITY, that might cause a conflict-of-interest with CITY, or that otherwise might interfere
with the business or operation of CITY or the satisfactory performance of HAUSE"s duties as
Administrative Services Director.
1.8 Reimbursement. CITY shall reimburse HAUSE for reasonable and necessary
travel, subsistence and other business expenses incurred by HAUSE in the performance of her
duties. All reimbursements shall be subject to and in accordance with California law and CITY's
adopted Employee Reimbursement Policy.
2. Compensation.
2.1 Base Salary. HAUSE shall receive an annual base salary of One Hundred Forty
Five Thousand Six Hundred Eight and No Cents ($145,608.00) paid according to the payroll
schedule in place for CITY employees paid bi-weekly. Any and all adjustments to HAUSE's
base salary compensation will be obtained through negotiation with the City Council and are not
governed by CITY's Personnel Policies.
2.2 Evaluation. Annually, and at a time agreed upon by the City Manager and
HAUSE (but which time shall be no later than the final quarter of each calendar year), the City
Manager will review and evaluate the performance of HAUSE as Administrative Services
Director. The purpose of the review shall be to provide HAUSE with feedback on her
performance, desired areas of improvement, and progress in meeting, achieving, or exceeding
City Council and City Manager defined goals, objectives, priorities, activities, and programs
(collectively the Administrative Services Director Work Program). During HAUSE's first year
of employment, by March 19, 2013 or as soon thereafter as may be scheduled, HAUSE shall
meet with the City Manager to establish Goals for the following year. CITY must provide
HAUSE with written documentation of such goals. Failure by City Manager to provide a timely
or any performance evaluation shall not limit City Manager's ability to terminate this Agreement
pursuant to Section 5 [Termination].
2.3 Deferred Compensation. During the period of employment, HAUSE shall be
entitled to participate in CITY's deferred compensation programs at HAUSE's own expense ,
provided CITY continues to maintain these plans for CITY employees.
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2.4 Benefits.
2.4.1 Health Insurance. CITY agrees to make available to HAUSE the same
health, dental and vision insurance coverage on the same terms as CITY makes available to
CITY employees. As regards health insurance during HAUSE's employment, the CITY shall
pay one hundred percent (I 00%) of the premium for the CalPERS HMO or PPO plan (or
equivalent plan provided by City) for HAUSE and her dependents at 50%. The terms and
conditions of HAUSE's eligibility for any post-retirement health insurance coverage shall be
subject to the same terms and conditions as other CITY employees.
2.4.2 Life Insurance. CITY agrees that during the period of employment it will
provide HAUSE with, and pay the annual premiums for, a term life insurance policy in an
amount equal to Fifty Thousand Dollars and No Cents ($50,000.00).
2.4.3 Disability Insurance. CITY agrees that during the period of employment it
will pay one hundred percent (100%) of the premium payments applicable to, and to otherwise
permit HAUSE to participate in, CITY's short-term and long-term disability insurance programs,
which currently require an eight (8) day waiting period following illness/injury before qualifying
for short-term disability which lasts for up to six (6) months, with coverage thereafter converting
to long-term disability.
2.5 Vehicle Operation. CITY agrees to pay to HAUSE a monthly auto allowance of
One Hundred Fifty Dollars and No Cents ($150.00) for use of her personal auto. HAUSE agrees
that she will keep, at her own expense, her own vehicle in reasonable repair, shall obey all traffic
laws relating to operation of the vehicle and shall use due care and caution in its operation,
except that traffic violations that are an infraction under the law shall not be deemed to be a
breach of this Section. HAUSE shall provide evidence of an auto liability insurance policy in an
amount of not less than one hundred thousand dollars ($1 00,000.00) naming CITY as an
additional insured. Nothing in this section shall prohibit HAUSE from use of a CITY vehicle for
City business as allowed under CITY policies and as determined appropriate by the City
Manager.
2.6 Jury Duty. The Administrative Services Director will receive full pay and
benefits while responding to a jury summons or serving on a jury, up to a maximum of fourteen
(14) business days. Any compensation for such jury duty (except travel pay) shall be remitted to
CITY.
2. 7 Business Related Equipment. CITY shall provide HAUSE with a cell phone, or
such personal data device as is currently in use within CITY (e.g., PDA "I-Phone" or similar
CITY approved device) or be provided with an allowance as approved by the City Manager.
3. Vacation and Other Leave.
3.1 Vacation Leave. HAUSE shall be eligible to accrue vacation leave at a total of
120 hours per year based on their hired date. The payroll period rate of vacation leave shall
accrue at a rate of 4.62 hours per payroll period. The maximum amount of vacation leave that
HAUSE may have at any time shall equal 240 hours. If HAUSE 's earned but unused vacation
R!Vtl4819-311 1-7832 v2 4
leav e reaches 240 hours, HAUSE will stop accruing vacation leave unless and until the accrued
vacation leave falls below 240 hours or the City Manager authorizes HAUSE to exceed these
limits due to extenuating circumstances. Vacation leave will not be earned during the period in
which HAUSE 's benefits are at such maximum amount. HAUSE shall be paid the value of any
earned and unused vacation leave at the time of separation of employment for any reason.
3.2 Holidays. Paid holidays shall be in accordance with CITY 's current practices and
are subject to change. Paid holidays will be those deemed authorized by CITY . The CITY
currently provides twelve ( 12) days paid holidays, including two (2) days floating paid holidays.
3.3 Administrative Leave. In addition to the paid leave described in 3.1 above,
HAUSE shall be entitled to forty ( 40) hours of administrative leave on July 1 of each fiscal year
in consideration of being required to attend City Council meetings. Provided, however, that the
maximum amount of administrative leave that HAUSE may have at any time shall equal forty
(40) hours. Given HAUSE 's hiring at nearly 72% of the fiscal year, upon the Commencement
Date, HAUSE shall be granted approximately twelve (12) hours of administrative leave (the
prorated portion of a full forty (40) hours in a fiscal year). If HAUSE 's earned but unused
administrative leave reaches forty ( 40) hours, HAUSE will stop accruing administrative leave
unless and until the accrued administrative leave falls below forty ( 40) hours . No compensation
shall be provided for granted and unused administrative leave and such granted and unused
administrative leave shall not be paid out to HAUSE at the time of separation from employment.
Unused administrative leave shall not be converted into vacation leave or sick leave.
3.4 Sick Leave. In addition to the paid leave described in 3.1 above, HAUSE shall
accrue sick leave at a rate of eight (8) hours per month for a maximum accrual of 96 hours . Such
annual grant of sick leave must be used by June 30 of the fiscal year in which it is granted.
Granted and unused sick leave shall not be carried over into the following year. No
compensation shall be provided for granted and unused sick leave and such granted and unused
sick leave shall not be paid out to HAUSE at the time of separation from employment. Unused
sick leave shall not be converted into vacation leave or administrative leave.
4. Retirement.
HAUSE shall be enrolled in the State of California's Public Employees Retirement
System ("CalPERS") in accordance with CITY 's 2.5% at 55 plan. CITY shall pay the full
employer contribution and the employee shall pay their employee contribution which is eight
percent (8%) per City Council Resolution Number 11-4782. HAUSE shall be entitled to
participate in the 1959 Survivor Benefit Plan . The City reports the value of the Employer Paid
Member's Contribution (EPMC) to CalPERS.
5. Termination.
5 .1 By City Not for Cause. CITY may terminate HAUSE for any reason , and at any
time, with or without cause, by providing HAUSE thirty (30) days prior written notice thereof
together with the applicable ·'severance payment" provided for below. In lieu of providing thirty
(30) days prior written notice of termination, City Manager may place HAUSE on paid leave
status during the thirty (30) day notice period or any portion thereof. City Manager may dismiss
RIV #4 8 19-311 I -7832 \'2 5
HAUSE notwithstanding anything to the contrary contained in or arising from any Personnel
Policies or past CITY practices relating to the employment, discipline, or termination of its
employees. In the first year of HAUSE's employment the calculation of the "severance
payment" shall equal one (1) months base salary, Jess applicable deductions, plus applicable
accrued Vacation Leave, as provided under Section 3.1 herein together with any extension of
benefits required under California law. Thereafter, on the anniversary of the Commencement
Date, the calculation of the "severance payment" shall increase by the equivalent of one (I)
month of base salary for each subsequent year of employment up to a maximum of the
equivalent of three (3) months of base salary. The maximum cash settlement HAUSE may
receive for termination of this Agreement shall not exceed the equivalent of three (3) months of
base salary. This provision is intended to comply with Government Code Sections 53260 and
53261 .
5.2 By Employee. HAUSE may terminate her employment for any reason, and at
any time, with or without cause, by providing City Manager with thirty (30) days advance
written notice. City Manager shall have the option, in its complete discretion, to make HAUSE's
termination effective at any time prior to the end of such period, provided CITY pays HAUSE all
compensation due and owing him through the last day actually worked, plus an amount equal to
the base salary HAUSE would have earned through the balance of the thirty (30) day notice
period.
5.3 By City for Cause. City Manager may immediately terminate this Agreement at
any time by providing HAUSE written notice of her termination for cause. No severance shall
be paid in the event HAUSE's employment is terminated for cause, except that CITY shall pay
HAUSE for her accrued and unused Vacation Leave, as provided for in Section 3.1 of this
Agreement. For purposes of this Agreement, cause for termination shall include, but not be
limited to, the following: theft or attempted theft; material dishonesty; willful or persistent
material breach of duties; engaging in unlawful discrimination or harassment of employees or
any third party while on CITY premises or time; conviction of a felony; engaging in conduct
tending to bring embarrassment or disrepute to CITY and unauthorized absences. HAUSE
expressly waives any rights provided for Administrative Personnel under CITY's Personnel
Policies, any rights provided for the Administrative Services Director or Administrative
Personnel under the Temple City Municipal Code or under State or Federal law to any form of
pre or post-termination hearing, appeal, or other administrative process pertaining to termination,
except when HAUSE has a California or federal constitutional right to a name clearing hearing.
5.4 Termination Obligations . HAUSE agrees that all property, including, without
limitation, all equipment, tangible Proprietary Information (as defined below), documents,
records, notes, contracts, and computer-generated materials furnished to or prepared by him
incident to her employment belongs to CITY and shall be returned promptly to CITY upon
termination of HAUSE's employment. HAUSE's obligations under this subsection shall survive
the termination ofher employment and the expiration of this Agreement.
5.5 Benefits Upon Termination. All benefits to which HAUSE is entitled under this
Agreement shall cease upon HAUSE's termination in accordance with this Section 5, unless
RIV #4819-3111-7832 v2 6
expressly continued either under this Agreement, under any specific written policy or benefit
plan applicable to HAUSE, or unless otherwise required by law.
6. Proprietary Information.
"Proprietary Information'' is all non-public information pertaining in any manner to the
business of CITY (or any CITY affiliate), its employees, clients, consultants, or business
associates, which was produced by any employee of CITY in the course of his or her
employment or otherwise produced or acquired by or on behalf of CITY. Proprietary
Information shall include, without limitation, trade secrets, confidential financial data and
formulae, attorney client-privileged information, confidential licensing information, software
and other computer programs, copyrightable material, and other information exempt from
production under the California Public Records Act and or the Federal Freedom of Information
Act. All Proprietary Information not generally known outside of CITY's organization, and all
Proprietary Information so known only through improper means, shall be deemed "Confidential
Information." During her employment by CITY, HAUSE shall use Proprietary Information, and
shall disclose Confidential Information, only for the benefit of CITY and as is or may be
necessary to perform her job responsibilities under this Agreement. Following termination,
HAUSE shall not use any Proprietary Information and shall not disclose any Confidential
Information, except with the express written consent of CITY. HAUSE's obligations under this
Section shall survive the termination ofher employment and the expiration of this Agreement. A
disclosure of Proprietary Information or Confidential Information by HAUSE in response to an
order by a court of competent jurisdiction or in response to a subpoena by a Grand Jury or any
State, Federal or Local law enforcement agency of the shall not be deemed a breach of this
Agreement.
7. Conflict Of Interest.
HAUSE represents and warrants to CITY that, to the best of her knowledge, she presently
has no interest, and represents that she will not acquire any interest, direct or indirect, financial
or otherwise, which would conflict in any manner or interfere in any way with performance of
her services under this Agreement.
8. General Provisions.
8.1 Notices. All notices, requests, demands and other communications under this
Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business
days after deposit in the United States mail, postage prepaid, certified or registered, and
addressed to CITY at the address below, and or at the last known address maintained in
HAUSE's personnel file. HAUSE agrees to notify CITY in writing of any change in her address
during her employment with CITY. Notice of change of address shall be effective only when
accomplished in accordance with this Section.
City's Notice Address:
City of Temple City
9701 Las Tunas Drive
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Temple City, CA 917803
Attn: City Manager
Administrative Services Director's Address: [Deliver to last updated address
in personnel file]
8.2 Indemnification. Subject to, in accordance with, and to the extent provided by
the California Tort Claims Act [Government Code Section 810 et seq.] CITY will indemnify,
defend, and hold HAUSE harmless from and against any action, demand, suit, monetary
judgment or other legal or administrative proceeding, and any liability, injury, loss or other
damages, (including attorney fees), arising out of any act or omission occurring during HAUSE"s
tenure as Administrative Services Director.
8.3 Integration. This Agreement is intended to be the final, complete, and exclusive
statement of the terms of HAUSE's employment by CITY. This Agreement supersedes all other
prior and contemporaneous agreements and statements, whether written or oral, express or
implied, pertaining in any manner to the employment of HAUSE, and it may not be contradicted
by evidence of any prior or contemporaneous statements or agreements. To the extent that the
practices, policies, or procedures of CITY, now or in the future, apply to HAUSE and are
inconsistent with the terms of this Agreement, the provisions of this Agreement shall control.
8.4 Amendments. This Agreement may not be amended except upon the mutual
agreement of HAUSE and the City Manager memorialized in a written document sibrned by both
parties.
8.5 Waiver. Either party's failure to exercise any right under this Agreement shall
not constitute a waiver of such right.
8.6 Assignment. Neither party shall asstgn any rights or obligations under this
Agreement.
8.7 Severability. If a court or arbitrator holds any provision of this Agreement to be
invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and
effect.
8.8 Attorneys' Fees. In any legal action, arbitration, or other proceeding brought to
enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees and costs.
8.9 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California, with venue proper only in Los Angeles
County, State of California.
8.10 Interpretation. This Agreement shall be construed as a whole, according to its
fair meaning, and not in favor of or against any party. By way of example and not in limitation,
this Agreement shall not be construed in favor of the party receiving a benefit nor against the
party responsible for any particular language in this Agreement. Captions are used for reference
RIV #4819-3111-7832 v2 8
purposes only and should be ignored in the interpretation of the Agreement. This Agreement
may be altered, amended or modified only by an instrument in writing, executed by the parties to
this Agreement and by no other means. Each party waives their future right to claim, contest or
assert that this Agreement was modified, cancelled superseded or changed by any oral
agreement, course of conduct, waiver or estoppel.
8.11 Acknowledgment. HAUSE acknowledges that she has had the opportunity to
consult legal counsel in regard to this Agreement, that she has read and understands this
Agreement, that she is fully aware of its legal effect, and that she has entered into it freely and
voluntarily and based on her own judgment and not on any representations or promises other
than those contained in this Agreement.
IN WITNESS WHEREOF, CITY has caused this Agreement to be signed and executed
on its behalf by its Mayor and duly attested to by its City Clerk, and HAUSE has signed and
executed this Agreement, as of the date first indicated above.
ADMINISTRATIVE SERVICES DIRECTOR CITY OF TEMPLE CITY
Tracey L. Hause, Jose E. Pulido, City Manager
Administrative Services Director
ATTEST APPROVED AS TO FORM
Mary Flandrick, City Clerk Eric S. Vail, City Attorney
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CITY OF TEMPLE CITY
FULL~ TIME EMPLOYEE CLASSES AND SALARY RANGES
FOR FISCAL YEAR 2011 ·12
Effective July 1, 2011 Bonys/Longevitv
Steps ;j;i~; l;~.'~:::;fu~7 :;.t /( :r~~~~~~':Hlill'~l;/:'(=i!D; :: ,:·;:,:; :: :~'H ~() <Lil ;; ?!·1 /:H; (; ;<; ~::;:;1':n i ~u::;;H~;~'1r\~'i/~-~~l.!4. :;)H;!:i·~;:;;:J ;:~;\H ~i:i::
.;LERICALITECHNICAL
Receptionist 2 ,967 3,086 3,209 3,337 3,470 3,609 3,753
Customer Services Representative 2,967 3,086 3,209 3,337 3,470 3,609 3,753
Deputy City Clerk 3,821 3,974 4,132 4,297 4,469 4,647 4 ,833
Building/Housing Assistant 3,821 3,974 4,132 4,297 4,469 4,647 4,833
Community Services Specialist 3,821 3,974 4 ,132 4 ,297 4,469 4,647 4,833
Secretary 3,821 3,974 4,132 4,297 4,469 4 ,647 4,833
Animal Control Officer 3 ,974 4 ,133 4,298 4,470 4,649 4,835 5,028
Account Analyst 4 ,322 4,495 4 ,675 4,862 5,056 5,258 5,468
Parks and Recreation Coordinator 4 ,324 4,497 4,677 4,865 5,059 5,262 . 5,472
Community Preservation Officer 4 ,388 4,563 4,746 4,936 5,134 5,339 5,553
Parks & Rec. Administrative Coordinator 4,852 5,046 5,248 5,458 5,676 5,903 6,139
Building Inspector 4 ,984 5,183 5,390 5,606 5,830 6 ,064 6,307
Associate Planner 5 ,026 5,227 5,436 5,653 5,879 6,114 6,358
Accountant 5 ,026 5,227 5,436 5,653 5,879 6,114 6 ,358
Personnel Analyst 6,007 6,247 6,497 6,757 7,027 7,307 7 ,599
MAINTENANCE
Maintenance Worker 3 ,192 3,320 3,453 3,591 3,734 3,884 4 ,039
Park Maintenance Worker 3,192 3,320 3,453 3,591 3,734 3,884 4 ,039
Landscape Gardener 3,354 3,488 3,628 3,n3 3,924 4,081 4,244
Maintenance Specialist 3,354 3,488 3,628 3 ,773 3,924 4 ,081 4 ,244
Tree Trimmer 3,599 3,743 3,893 4,049 4,211 4 ,379 4 ,554
._,aintenance Lead Worker 3,974 4,133 4 ,298 4,470 4,649 4 ,835 5,028
,ark Maintenance Lead Worker 3,974 4,133 4,298 4,470 4,649 4,835 5,028
.~ree Trimmer Lead Worker 3,974 4,133 4,298 4,470 4,649 4,835 5,028
MGMNT/SUPERVISORY
Community Preservation Supervisor 6 ,007 6,248 6,498 6,758 7,029 7,310 7,602
Public Safety Officer 6,007 6,248 6,498 6 ,758 7,029 7 ,310 7,602
City Clerk 7,585 7,888 8,203 8,531 8,872 9,227 9,596
Econ Dev Mgr/Assistant to the City Manager 7,699 8,007 8,327 8,660 9,007 9,367 9,742
Community Development Manager 8,247 8,577 8,920 9,277 9,648 10,034 10,435
Community Development Director 8,468 8,807 9,159 9,526 9,907 10,304 10,716
Director of Parks & Recreation 8 ,468 8,807 9,159 9,526 9,907 10,304 10 ,716
City Manager (Contract Agreement)
4% difference between steps
RESOLUTION N0.11-4766
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY AMENDING THE PERSONNEL RULES AND
REGULATIONS
Attachment C
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
(NOTE : ADDITIONS are "Bolded & Italicized', DELETIONS are "lined out", and UNCHANGED
portions are normal type font and/or not included in this resolution.)
SECTION 1. "Definition of Terms ," of the Temple City Personnel Rules and Regulations is
hereby amended to read as follows :
DEFINITION OF TERMS
The following terms, whenever used herein shall be defined as follows :
"Employee:" A person legally occupying a posi tion in the City service. Specific full-time positions
covered under the provisions of the City's Personnel Rules and Regulations are:
• CLERICAl/TECHNICAL
Receptionist
Customer Service Representative
Deputy City Clerk
Building/Housing Assistant
Community Services Specialist
Secretary
Animal Control Officer
Account Analyst
Parks & Recreation Coordinator
Code Enforcement Officer
Parks & Recreation Administrative Coordinator
Building Inspector
Associate Planner
Accountant
Personnel Analyst
• MAINTENANCE
Maintenance Worker
Park Maintenance Worker
Landscape Gardener
Maintenance Specialist
Tree Trimmer
Maintenance Lead Worker
Park Maintenance Lead Worker
Tree Trimmer Lead Worker
Resolution No. 11-4766
Page2
• MANAGEMENT/SUPERVISORY
Code Enforcement Supervisor
Publ ic Safety Officer
Senior Planner
City Clerk
Economic Development Manager/Assistant to the City Manager
Financial Services Manager/City Treasblrer
Community Development Manager
Community Development Director
Director of Parks and Recreation
City Manager
SECTION 2. RULE 15 -DISCIPLINARY ACTIONS, Sec. 6 "At-Will Provisions:" of the
Temple City Rules and Regulations is hereby amended to read as follows :
SEC. 6 "At~Will Provisions:" "At-will" employment is defined in the Labor Code as employment,
having no specified term, which may be terminated at the will of either party without reason or cause.
Department managers hired after July 1, 1994, are considered "at-will" and will not enjoy the benefits of
challenging d isciplinary actions as described in Rule 15, Section 5 "Appeal Procedures." For purposes
of this section, department heads or managers include:
Director of Parks and Recreation•
City Clerk**
Community Development Director***
Economic Development Manager/Assistant to the City Manager .......
• "at-will," effective July 1, 1999
.... uat-will," effective for employees hired after January 19, 2000 .
••• "at will," effecti•le .A.blgblst 21, 2007
••• "at-will ," for employees hired after July 20, 2010
SECTION 3. RULE 21 -SALARIES AND BENEFITS, Sec. 4 "Management and Supervisory
Employees:" and Sec. 4 A. 1. "Administrative Leave :" of the Temple City Rules and Regulations is
hereby amended to read as follows :
SEC. 4 "Management and Supervisory Employees:" The salary and benefit levels provided herein,
in addition to the preceding , recognize that the supervisor is compensated for the successful
performance and completion of goals and objectives to meet community needs regardless of the length
of the work day.
1 ) City Manager
2) Director of Parks and Recreation
3) Community Development Director
4) Community Development Manager
5) City Clerk
9) Financial Services Manager
6) Economic Development Manager/Assistant to the City Manager
7) Senior Planner
7) Code Enforcement Supervisor
8} Public Safety Officer
Resolution No. 11-4766
Page 3
A. Administrative Leave:
Management and supervisory employees are considered exempt from overtime provisions of
the Fair Labor Standards Act (FLSA) by virtue of their duties and that the City satisfies those
aspects of the salary basis test required by the Department of Labor regulations implementing
the FLSA. In lieu of overtime compensation, employees covered herein shall receive the
following:
1. Positions number 1 through 6 above covered hereunder shall be credited on July 1 of
each fiscal year with 40 hours of administrative leave. Positions number 7 and 8 above
covered hereunder shall be credited on July 1 of each fiscal year with 24 hours of
administrative leave. In addition, those employees the City Manager designates as
"required to attend City Council or Commission meetings" shall also be entitled to 24
hours of administrative leave per fiscal year, which may be prorated as needed .
Credited leave hours may be used at any time during the year with approval of the City
Manager and given due consideration to the needs of the department. Administrative
leave that is not used by the end of the fiscal year will be forfeited and not accumulated
to the next fiscal year.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED on this 5th day of July, 2011 .
MAYOR
ATTEST :
City Clerk
I hereby certify that the foregoing resolution, Resolution No. 11-4766, was duly passed,
approved and adopted by the City Council of the City of Temple City at a regular meeting held on the
5th day of July, 2011 by the following vote :
AYES :
NOES:
ABSENT:
ABSTAIN:
City Clerk
Councilmember-Bium, Yu , Chavez
Councilmember-None
Councilmember-Sternquist, Vizcarra
Councilmember-None
DEFINITION:
TEMPLE CITY
CLASS SPECIFICATIONS
ADMINISTRATIVE SERVICES DIRECTOR
Attachment D
This is an "at-will" position. Under general direction from the City Manager, the Administrative
Services Director plans, organizes and directs the City's finance, accounting, personnel,
information technology, purchasing and budget functions; and may on occasion serve as acting
City Manager and undertake other related work as required by the City Manager and City
Council .
EXAMPLES OF DUTIES:
Assumes full management responsibility for all Administrative Services Department activities
including finance, treasury, accounting, billing, personnel/human resources, risk management,
payroll, purchasing and information technology.
Plans, directs and coordinates the Administrative Services Department's work plan; identifies
and resolves problems; assigns projects and programmatic areas of responsibility; and reviews,
evaluates and recommends work methods and procedures to ensure quality internal and
external services .
Directs and coordinates fiscal services and accounting functions including general accounting,
accounts payable and receivable, financial reporting, payroll, cash receipting, investments and
treasury.
Advises the City Manager and City Council on matters pertaining to finance, personnel/human
resources and information technology. Interprets and analyzes administrative and legislative
actions that may affect financial and other operations of the City.
Partners with all City departments to provide input on significant issues and leadership in the
areas of personnel/human resources, risk management, payroll, finance, accounting, treasury,
purchasing and information technology.
Manages development of the annual City budget and budget message, and develops the
Administrative Services Department annual operating budget. Directs disbursement of City
funds and controls expenditures to ensure that budget appropriations are not exceeded.
Serves as the City's Personnel Officer and manages a comprehensive program of personnel
services including recruitments, employee relations, benefits administration, job classifications,
employee compensation, performance evaluations, training and employee development plans.
Establishes employee performance standards and objectives for all departments.
Oversees key contracts involving investment consultants and information technology providers.
Administers procurement services including purchasing and contract administration. Develops
and monitors contract standards and requirements.
Develops, recommends, interprets and enforces governmental accounting and auditing
standards. Oversees administration of the City's fiscal policies and procedures.
Ensures timely compliance with any audit findings, and prepares or oversees financial
statements and other documentation required by law.
Supervises, assigns and reviews the work of subordinates. Prepares and presents performance
reviews. Analyzes employee deficiencies and implements solutions.
Responds to citizen inquiries on a variety of topics related to activities of the Administrative
Services Department. Represents the City in multi-jurisdictional meetings, and with community
groups and other governmental agencies.
Directs and participates in the preparation of correspondence, reports, resolutions, ordinances,
contracts, presentation materials, etc. Researches, prepares and presents oral and written
reports.
Maintains knowledge of current State, Federal and local regulations regarding municipal
finance, risk management and personnel/human resources activities.
DESIRABLE QUALIFICATIONS:
Knowledge of:
Operational characteristics, services and activities of a comprehensive Administrative Services
program.
Pertinent Federal, State and local laws, codes and regulations pertaining to financial reporting,
accounting, investing, payroll, purchasing, information technology and personnel/human
resources.
Organizational and management practices as applied to the analysis, administration and
evaluation of Administrative Services programs, policies and operational needs.
Advanced principles and practices of accounting, financial reporting, auditing, bond financing,
municipal budget preparation and administration, and personnel/human resources activities.
Resolution No. 11-4771
Page 2
I, City Clerk of the City of Temple City, do hereby certify that Resolution No. 11-4771
was adopted at a regular meeting of the City Council of the City of Temple City held on the 161h
day of August. It was duly passed, approved and adopted by said Council, approved and signed
by the Mayor and attested by the City Clerk at a regular meeting held on the 16 1
h of August, 2011
by the following vote:
AYES:
NOES:
ABSENT:
City Clerk
Resolution No. 11-4782
December 20, 2011
Page2
I. City Clerk of the City of Temple City, do hereby certify that Resolution No. 11-4782 was
adopted at a regular meeting of the City Council of the City of Temple City held on the 201h day of
December, 2011. It was duly passed, approved and adopted by said Council, approved and
signed by the Mayor and attested by the City Clerk at a regular meeting held on the 20111 of
December, 2011 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember-Bium, Sternquis~ Vizcarra, Yu, Chavez
Councilmember-None
Councilmember-None
Councilmember-None