Resolution No. 4764
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RESOLUTION NO. 4764
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AN EMPLOYMENT AGREEMENT FOR
CHIEF OF POLICE
WHEREAS, the City of Vernon is a general law City and
subject to the provisions of the Government Code of the State of
California; and
WHEREAS, a personnel system, merit system or civil
service system pursuant to Government Code ~4500l has never been
established by the City of Vernon; and
WHEREAS, the City Council of the City of Vernon intends
to create positions in the Vernon Police Department wherein no
property rights shall attach to said positions; and
WHEREAS, all employees in the Vernon Police Department
will serve solely at the will and pleasure of the appointing
authority, the City Council; and
WHEREAS, the City of Vernon intends to create a Chief
of Police position within the Police Department of the City of
Vernon which shall not be a part of any personnel system, merit
system or civil service system nor shall the person serving in
said position have any property rights in said position but will
serve solely at the will and pleasure of the appointing authority,
the City Council; and
WHEREAS, the City Council intends to appoint Mr. Luis
Al Espinoza, the current Acting Chief of Police, to the position
of Chief of Police of the City of Vernon; and
WHEREAS, the City Council of the City of Vernon desires
to execute an Employment Agreement with Mr. Luis Al Espinoza which
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1 provides the terms and conditions of his employment with the
2 City of Vernon in his capacity as Chief of Police of the Vernon
3 Police Department; and
4 WHEREAS, the City of Vernon has previously adopted Ordi-
5 dinafuae-iAF8.83/Jand Resolutiont4518 which have created the City
6 Administrator position and have delegated to the City Adminis-
7 trator certain administrative and personnel functions; and
8 WHEREAS, it is the desire of the City Council that
9 there be close cooperation and coordination between the Chief of
10 Police and City Administrator and the City Council in adminis-
11 tering and implementing City Council policy.
12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
13 THE CITY OF VERNON AS FOLLOWS:
14 SECTION 1: That the City Council of the City of Vernon
15 hereby finds and determines that the recitals contained herein-
16 above are true and correct.
17 SECTION 2: That the Employment Agreement For Chief
18 of Police Services, a copy of which is attached hereto as
19 Exhibit "All and incorporated herein as though fully set forth at
20 length, is hereby approved and the Mayor of the City of Vernon
21 is hereby authorized to execute said contract on behalf of the
22 City of Vernon.
23 SECTION 3: That Luis Al Espinoza as provided for in
24 said contract is hereby appointed to serve as the City's Chief
25 of Police in the Police Department of the City of Vernon.
26 SECTION 4: That the Employment Agreement for the
27 appointment to said Chief of Police position shall become
28 eff:ective conunencing December 4, 1980.
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SECTION 5: That Mr. Espinoza shall directly,coordinate
2 and cooperate in the administering of city Council policies and
3 practices in relation to administrative and personnel matters in
4 the Police Department with the City Administrator and shall
S keep the City Council fully informed of the Department's
6 administration and operation.
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SECTION 6: That the City Clerk of the City of Vernon
8 shall certify to the passage of this Resolution and thereupon
9 and thereafter the same shall be in full force and effect.
10 APPROVED AND ADOPTED this 4th day of December, 1980.
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IS A;;~~d'
16 BRUCE v. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA
ss
2 COUNTY OF LOS ANGELES
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 4764
, was duly adopted by the City Council
7 of the City of Vernon, and was approved by the Mayor of said
8 City at an adjourned meeting of the City Council held on Thursday,
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December 4
, 19 80.
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BRUCE V. MALKENHORST, City Clerk
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(SEAL)
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Ef1PLOYMENT AGREEr1EN'I'
FOR
CHIEF OF POLICE SERVICES
5 THIS EHPLOYNENT AGREEMENT is made, entered into and
6 executed in duplicate originals, either copy of which may be
7 considered and used as the original hereof for all purposes, as
8 of the l.j~,day of December, 1980, in the City of Vernon, County
9 of Los Angeles, California
BY AND BETWEEN
CITY OF VERNON, a Municipal
Corporation (hereinafter
referred to as "City")
AND
LUIS AL ESPINOZA (hereinafter
referred to as "Espinoza")
RECITALS
WHEREAS, the City is a general law City and subject
to the provisions of the Government Code of the State of Cali-
fornia; and
WHEREAS, a personnel system, merit system or civil
service system pursuant to Government Code 545001 has never been
established by the City of Vernon; and
vlHEREAS, the City Council of the City has adopted
Resolution No. 4027 wherein Section 5(h) of said Resolution has
been interpreted by the Superior Court of the County of Los
Angeles, State of California as providing a property interest in
employment for Vernon Firemen; and
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1 h1HEREAS, the City has appealed said determination; and
2 WHEREAS, the City has determined to create positions in
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3 the Vernon Police Department wherein no property right shall
4 attach to said positions; and
5 \vHEREAS, all employees in the Police Department shall
6 not be a part of any personnel system, merit system or civil
7 service system nor shall they have any property rights in their
8 employment but will serve solely at the will and pleasure of the
9 appointing authority, the City Council; and
10 \'lHEREAS, the position of Chief of Police of the Vernon
11 Police Department is a delicate and sensitive position and is an
12 integral part of the criminal justice system of the City; and
13 vJHEREAS, the administration and implementation of
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criminal justice policy matters require the appointment of an
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individual who will conduct himself in such a manner as to not
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bring discredit upon the Police Department or upon the City; and
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vlHEREAS., the off duty activities of the Chief of Police
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are not within the scope of his official duties, nevertheless
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said activities are important in that they reflect upon the
individual's sensitivity to the administration of the Police
Department and in enforci.ng the laws of the State of California;
and
WHEREAS, the City Council deems it important to
establish that the Chief of Police position involves the
administration and implementation of sensitive police matters
which require the utmost cooperation between the City Council and
the person serving as Chief of Police; and
WHEREAS, Espinoza has been employed by the City of Vernon
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1 ~n the Police Department of the City of Vernon for approximately
2 22 years; and
3 WHEREAS, Espinoza was appointed to the position of
4 Captain in said Depart~ent on July 1, 1979; and
5 \vHEREAS, Espinoza and the City entered into an
6 Employment Agreement executed on July 1, 1979; and
7 \VHEREAS, Espinoza has served as Acting Chief ot Police
8 of the Vernon Police Department during the prior 14 months; and
9 ~'nmREAS, the City has a vacancy in the Chie f of Police
10 position; and
11 WHEREAS, the City desires to appoint Espinoza as Chief
12 of Police of the Police Department of the City; and
13 WHEREAS, it is the desire of the City Council to provide
14 by contract certain conditions of employment with Espinoza.
15 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
16 AND AGREEf1ENTS HEREIN CONTAINED THE PARTIES HERETO AGREE AS
17 FOLLOWS:
18 SECTION 1: The City Council hereby appoints Espinoza
19 to serve as the City's Chief of Police in the Police Department
20 of the City of Vernon.
21 SECTION 2: That Espinoza ~n serving as the Chief of
22 Police in the Police Department of the City hereby agrees that
23 he does not have a property right in employment in his position
24 as Chief of Police and that he serves at the will and pleasure of
25 the City Council.
26 SECTION 3: That Espinoza hereby agrees that in
27 accepting the appointment of Chief of Police that he is subject to
28 termination by the will and pleasure of the City Council and
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1 that he is not entitled to a hearing concerning said termination
2 and that said termination may be for any reason whatsoever or
3 no reason at all.
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SECTION 4: That Espinoza while servlng as Chief of
5 Police is considered to be a confidential and management employee
6 and shall not con~unicate any confidential communications he
7 receives within the scope of his duties to other emplo~es of
8 the Ci ty of. Vernon who are not also management and confidential
9 employees. For the purpose of this section, the followinq
10 employees are considered management and confidential employees:
(1) City Administrator;
(2) City Attorney;
(3) All Department Heads;
(4) All Battalion Chiefs;
(5) Captains in the Police Department;
(6) Division Heads in the Public Works Department;
(7) Lieutenants in the Police Department;
19 Council may prescribe duties which will be considered part of
SECTION 5: That Espinoza hereby agrees that the City
20 the duties of the Chief of Police position and Espinoza hereby
21 agrees that he has no vested right in the current duties pre-
22 scribed in the current job description.
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SECTION 6: That Espinoza as Chief of Police will be
24 entitled to the privileges provided for management and con-
25 fidential employees pursuant to resolutions and ordinances of the
26 Ci ty .
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28 City retirement system in the category of Chief of Police.
SECTION 7: Espinoza shall remain covered by the normal
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I SECTION 8: The City Council shall fix any such other
2 terms and conditions of employment as it may determine from time
3 to time, relating to the performance of Espinoza, provided such
4 terms and conditions are not inconsistent with or in conflict
S with the provisions of this agreement or the general law of the
6 State of California.
7 SECTION 9: All provisions of the City of Vernon re-
8 lating to v~cation and sick pay, retirement and pension system
9 contributions, holidays, and other fringe benefits and working
10 conditions as they now exist or herea~ter may be amended, also
II shall apply to officer as they would to other management employees
12 in offices of the City, in addition to said benefits enumerated
13 specifically for the benefit of Espinoza except as herein provided.
14 SECTION 10: This Agreement shall become effective
15 conunencing December t.( jj, 1980.
16 IN WITHESS WHEREOF, the City of Vernon has caused this
17 Agreement to be signed and executed on its behalf by the Mayor
18 and Espinoza has signed and executed this Agreement, both in
19 duplicate, the day and year first above written.
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21 CITY OF VERNON
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By
-reoniS-c. Malburg, Mayor
Luis Al Espinoza
ATTEST:
Bruce V. Malkenhorst, City Clerk
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APPROVED AS TO FORl1:
David B. Brearley, City Attorney
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