Resolution No. 5764
,t
1
2
3
4
5
6
7
8
the City
RESOLUTION NO. 5164
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON RATIFYING THE APPROVAL AND
EXECUTION OF AN EMPLOYMENT AGREEMENT FOR
DIRECTOR OF LIGHT AND POWER BY AND BETWEEN
THE CITY OF VERNON AND KENNETH JOSEPH
DEDARIO
WHEREAS, the position of Director of Light and Power of
of Vernon has been vacant as of March 1, 1990; and
9
10
11
WHEREAS, the City of Vernon desires to enter into an
employment agreement with Kenneth Joseph DeDario for the
position of Director of Light and Power commencing on or about
12
July 2, 1990.
13
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
14
THE CITY OF VERNON AS FOLLOWS:
15
16
SECTION 1: The City Council of the City of Vernon
hereby finds and determines that the recitals contained
17
hereinabove are true and correct.
18
SECTION 2: The City Council of the City of Vernon
19
hereby approves the Employment Agreement for Director of Light
20
and Power, a copy of which has been presented to the City
21
Council concurrently with this resolution and the city Council
22
hereby orders said Employment Agreement to be received and filed
23
24
by the City Clerk.
SECTION 3: The City Council of the City of Vernon
25
hereby authorizes the Mayor and the City Clerk to execute said
26
27
28
Agreement for, and on behalf of, the City of Vernon.
III
III
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
" ..
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage of this resolution and thereupon and
thereafter the same shall be in full force and effect.
ATTEST:
~
BRUCE V.
APPROVED AND ADOPTED this 5th day of June, 1990.
~LLV ~kA-r/
HOMAS A. Y , Mayor Pro-Tem
=/~~
MALKENHORST, City Clerk
-2-
"
1
STATE OF CALIFORNIA )
2 )ss
COUNTY OF LOS ANGELES )
3
4
5
6
7
8
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 5764, was duly adopted by the City Council of the
ci ty of Vernon at a regular meeting of the ci ty Council duly
held on Tuesday, June 5, 1990, and thereafter duly signed by the
Mayor of the City of Vernon.
9
10
11
12
13
14
15
16
17
18
6'
BRUCE V.
(SEAL)
19
20
21
22
23
24
25
26
27
28
-3-
~
~NHORST, City Clerk
EXECUTION COPY
EMPLOYMENT AGREEMENT
FOR
DIRECTOR OF LIGHT AND POWER
THIS EMPLOYMENT AGREEMENT is made, entered into and
executed in duplicate originals, either copy of which may be
considered and used as the original hereof for all purposes, as
of the 24 day of May , 1990, in the City of Vernon,
County of Los Angeles, California
BY AND BETWEEN CITY OF VERNON, a Municipal
Corporation (hereinafter referred
to as "City")
AND KENNETH JOSEPH DEDARIO,
RECITALS
WHEREAS, the City has a vacancy in the Director of
Light and Power Department position; and
WHEREAS, the City desires to appoint DeDario as
Director of the Light and Power Department of the City; and
WHEREAS, it is the desire of the City Council to
provide by contract certain conditions of employment with
DeDario; and
WHEREAS, the City is a Charter City and subject to some
of 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 Section 45001 has
never been established by the City of Vernon.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS AND AGREEMENTS HEREIN CONTAINED THE PARTIES HERETO
AGREE AS FOLLOWS:
SECTION 1: The City Council hereby appoints DeDario to
serve as the City's Director of Light and Power (hereinafter
referred to as "Directorll).
SECTION 2: That DeDario as Director will be entitled
to the privileges provided for management and confidential
employees pursuant to resolutions and ordinances of the City,
which may be adopted or amended by the City Council from time to
time.
SECTION 3: The City Council shall fix any such other
terms and conditions of employment as it may determine from time
to time, relating to the performance of DeDario, provided such
terms and conditions are not inconsistent with or in conflict
with the provisions of this agreement, the Charter of the City
of Vernon, or the general law of the state of California, as
applicable.
SECTION 4: DeDario' s monthly salary shall be Seven
Thousand Two Hundred Ninety-nine Dollars and No Cents
($7,299.00). This salary level is the second step of the
monthly salary range applicable to the position of Director of
Light and Power and provides as follows:
III
-2-
..
"
MONTHLY SALARY
STEP 1
2
3
4
5
6
7
$7,700.00
$7,299.00
$6,918.00
$6,557.00
$6,215.00
$5,891. 00
$5,584.00.
SECTION 5: DeDario shall be eligible for salary
reviews in accordance with the Salary Resolution. DeDario's
salary increases shall be at the discretion of the City council
in the same manner as all other increases for other Department
heads in the City, and shall be based upon, among other things,
a merit evaluation, increased productivity and efficiency of the
Department.
Provided the foregoing requirements are met,
DeDario shall be eligible for review for a merit step increase
to Step One (1) at the end of six (6) months of service or
approximately December 31, 1990. DeDario shall also be eligible
for the normal salary adjustments applicable to all City
employees.
SECTION 6: DeDario shall be eligible for vacations in
accordance with the following schedule:
A. First through fifth year: 3 weeks per year (DeDario
shall be eligible for 3 weeks vacation on July 1, 1991).
B. sixth through twenty-fifth year: 4 weeks per year.
SECTION 7:
DeDario shall be paid an automobile
allowance of FOUR HUNDRED FIVE DOLLARS ($405.00) per month until
July 1, 1990. Thereafter, any increase in such amount shall be
at the discretion of the City Council.
III
-3-
..
..
SECTION 8: DeDario shall be eligible for membership in
the Public Employees Retirement System (P.E.R.S.). City shall
pay all P.E.R.S. premiums/contributions for such membership.
SECTION 9: DeDario shall be eligible for all normal.
paid City holidays which may be established from time to time by
the City Council. Currently, the City authorizes approximately
eleven (11) such holidays.
SECTION 10: DeDario shall work as Director forty (40)
hours per week consisting of four (4) ten (10) hour days, Monday
through Thursday. DeDario shall not be entitled to compensation
for overtime.
SECTION 11: DeDario shall be allowed to attend, at
City expense, the League of California cities Annual Conference,
the Annual A.P.P.A. National Conference and the C.M.U.A. Annual
Conference, all expenses to be approved in advance by the City
Council. However, the total of all approved excused days for
all such activities, including those similar to the ones
enumerated above, shall not exceed nine (9) working days unless
otherwise approved by the City Council.
SECTION 12: All provisions of the City relating to
vacation and sick pay, retirement and pension system
contributions, holidays, health insurance and other fringe
benefits and working conditions as they now exist or hereafter
may be amended, also shall apply to DeDario as they would to
other management employees in offices of the city, in addition
to said benefits enumerated specifically for the benefit of
DeDario as herein provided.
-4-
;. ..
SECTION 13:
effective ~ "2> 0
DeDario shall commence employment
, 1990.
SECTION 14: The City will assist DeDario in his moving
costs by paying the moving expenses for furniture and other
similar articles at a cost not to exceed Three Thousand Dollars
($3,000.00) .
SECTION 15: That DeDario in serving as Director hereby
agrees that he does not have a property right in emploYment in
his position as Director and that he serves at the will and
pleasure of the City Council.
SECTION 16 :
That DeDario hereby agrees that in
accepting the appointment of Director he is subj ect to
termination at the will and pleasure of the city Council and
that he is not entitled to a hearing concerning said termination
and that said termination may be for any reason whatsoever or
for no reason at all. DeDario may, however, in the event of any
such termination, request a closed session meeting with the city
Council.
In the event that DeDario is terminated by the City
Council during the first three (3) years, he shall be entitled
to severance pay equal to six (6) months' salary.
SECTION 17: That DeDario while serving as Director is
considered to be a confidential and management employee and
shall not communicate any confidential communications he
receives within the scope of his duties to other employees of
the City who are not also management and confidential employees.
For the purposes of this section, the following employees are
considered management and confidential employees:
-5-
.
. .~
(1) City Administrator;
(2) City Attorney;
(3) All Department Heads;
(4) Division Heads in the Public Works Department.
SECTION 18: That DeDario, hereby agrees that the City
Council may prescribe duties which will be considered part of
the duties of the Director and DeDario hereby agrees that he has
no vested right in the current duties prescribed in the current
job description.
IN WITNESS WHEREOF, the City has caused this Agreement
to be signed and executed on its behalf by the Mayor, and
DeDario has signed and executed this Agreement, both in
duplicate, the day and year first written above.
CITY OF VERNON
BY:~<V a ~ 1/L~</
'fJ1i1-,,/t~/yq..'-'J3yJP.fzj,/l1J1lIPt
THOMAS A. YBARRA, MAYOR PRO TEM
ATTEST:
F- ;/d~
BRUCE v. MALKENHORST, City Clerk
APPROVED AS TO FORM:
'0o.--:1'\), I) /[A/-, ~
DAVID B. BREARLEY, ci Attorney
4~O~E!~
-6-