Resolution No. 82801
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RESOLUTION NO. 8280
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT FOR CONTRACTUAL SERVICES BY AND
BETWEEN THE CITY OF VERNON AND BRUCE OLSON
WHEREAS, Bruce Olson has served as Chief of Police since
December 14, 1997; and
WHEREAS, Bruce Olson has submitted his resignation from the
position of Chief of Police with the City effective September 20, 2003;
and
WHEREAS, the City Council would like to retain the services
of Bruce Olson and Bruce Olson would like to continue to work for the
City on a consultant basis while the City Council considers a suitable
replacement; and
WHEREAS, Bruce Olson is well qualified by reason of education
and experience to perform such services and is willing to render such
professional services to the City of Vernon in accordance with the
terms and conditions of a contractual services agreement; and
WHEREAS, on August 12, 2003, the Finance Committee
recommended to the City Council that a consulting agreement be approved'
with Bruce Olson.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement for Contractual Services, a copy of which is
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attached hereto as Exhibit "A" and made a part hereof.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute the Agreement for,
and on behalf of, the City of Vernon.
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.
APPROVED AND ADOPTED this 17th day of September, 2003.
ATTEST:
A�
BRUCE V. MALKENHORST, City Clerk
,EONIS C. MALB G, Ma or
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
)ss
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8280, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday,
September 17, 2003, and thereafter was duly signed by the Mayor of the
City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
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AGREEMENT FOR CONTRACTUAL SERVICES
THIS 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 this day of
September, 2003, in the City of Vernon, County of Los Angeles,
California
BY AND BETWEEN
W.-I I k4 I��
RECITALS:
THE CITY OF VERNON, a
municipal corporation,
(hereinafter referred to as
"City")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
Bruce W. Olson, an individual
(hereinafter referred to as
"Consultant")
WHEREAS, Consultant began serving City as its Police Chief on
September 14, 1997; and
WHEREAS, Consultant has advised City that he would like to
retire effective September 20, 2003 pursuant to the provisions of the
Public Employees Retirement System ("PERS"); and
WHEREAS, upon his retirement, Consultant will become subject
to the provisions of Government Code Section 21224, which limits his
activities for City so that they shall not exceed 960 hours in any
calendar year; and
WHEREAS, Consultant would like to continue working for City
beginning September 21, 2003, consistent with the requirements of PERS,
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as the Temporary Police Chief in order to assist City in the transition
to a new Police Chief; and
WHEREAS, City desires to retain Consultant to provide
assistance and consultation in conjunction with police department
matters including, but not limited to acting as the Temporary Chief of
Police for City and the training of a replacement to become Chief of
Police for City; and
WHEREAS, Consultant is well qualified by reason of education
and experience to perform such services; and
WHEREAS, Consultant is willing to render such professional
services as hereinafter defined.
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1: SCOPE OF SERVICES.
The services to be provided will be on an as -needed basis as
directed and authorized by the City Administrator of City. Consultant
agrees to provide consulting services as set forth below. The City
Administrator, or his designee, shall supervise the provision of
consulting services by Consultant. Consultant will be required to work a
forty (40) hour work week subject to the 960 hour calendar year
limitation discussed above. The City Administrator will also ensure that
Consultant does not exceed 960 hours in any calendar year.
The term of this Agreement shall be effective from
September 21, 2003 to December 31, 2004, provided that Consultant has
not exceeded a total of 960 hours of consulting services for each of
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the calendar years of 2003 and 2004, respectively, during said time.
Once Consultant reaches the 960 hour limit for the 2004 calendar year,
this Agreement shall expire. Further, both City and Consultant shall
have the right to terminate this Agreement on thirty (30) days written
notice.
SECTION 3: COMPENSATION.
City shall pay Consultant at the rate of Thirteen Thousand
Seven Hundred Fifty Four Dollars and No Cents ($13,754.00), payable every
month, after submission of a written invoice by Consultant to the City
Administrator and approval of said invoice by the City Administrator. In
addition, City shall continue to pay the cost of health and dental
insurance during the term of this Agreement. Consultant will pay his own
operating expenses.
011r1TTl1TT A _ 'A f�r4nTTTI'1 TTA r4'T TT/'1TT T-r1k=
Upon retirement, Consultant will be entitled to receive payment
for all accrued and vested vacation consistent with City's policies
regarding the same. Rather than receive a cash payment upon the
effective date of his retirement, Consultant has requested that such
accrued vacation be compensated as a credit towards his service
requirement in this Agreement so that Consultant may take time off during
the Agreement term. Therefore, City shall compensate Consultant on a per
hour for hour credit basis against Consultant's forty (40) hour work week
requirement for any unused accrued vacation time earned by Consultant
pre -retirement. For every hour below the forty (40) hours per week
Consultant does not work during the term of this Agreement, his accrued
vacation time will be so credited towards the forty (40) hour work week
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1 service requirement. Both actual work hours and credited accrued vacation
2 time will be counted toward the 960 hour calendar year limitation.
3 SECTION 5: METHOD OF PAYMENT.
4 City agrees to pay the Consultant based on the submittal of an
5 invoice to City describing the services provided and the hours expended
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in providing such services. Payment shall be made by City within 15 days
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of receipt of such invoice.
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SECTION 6: CANCELLATION.
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City reserves the right to cancel and terminate this agreement
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11 upon thirty (30) days written notice. City agrees to compensate
12 Consultant for actual costs incurred prior to the cancellation of the
13 agreement. In the event of termination, Consultant shall forthwith turn
14 over to City all work product, documents, records and writings of
15 whatsoever nature in connection with this Agreement.
16 SECTION 7: OWNERSHIP.
17 All writings, documents and records prepared, received, or
18 maintained by Consultant in connection with or as a result of services
19 performed for City shall be and remain the property of City.
20 SECTION 8: CAPACITY AS INDEPENDENT CONTRACTOR.
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The provision of services by Consultant under this Agreement
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shall be in the capacity of an independent contractor and not as an
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employee of City. For that reason, Consultant will not receive any
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payment for holidays or vacations. In consideration for the compensation
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26 paid to Consultant by City pursuant to Section 3 of this Agreement,
27 Consultant agrees that City, its officers, employees, agents,
28 representatives and sureties shall not be liable or responsible for any
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I provided by this system upon appointment by the
2 appointing power of a state agency or any other
3 employer either during an emergency to prevent
4 stoppage of public business or because the retired
5 employee has skills needed in performing work of
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limited duration. These appointments shall not
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exceed a total for all employers of 960 hours in any
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calendar year, and the rate of pay for the employment
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shall not be less than the minimum, nor exceed that
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11 paid by the employer to other employees performing
12 comparable duties."
13 SECTION 13: NOTICES.
14 Notices and communications concerning this Agreement shall be
15 sent to the following addresses:
16 City: THE CITY OF VERNON
ATTENTION: FINANCE OFFICE MANAGER
17 4305 SANTA FE AVENUE
VERNON, CA 90058-0805
18
Consultant: BRUCE W. OLSON
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21 SECTION 14: ASSIGNMENT.
22 Neither City nor Consultant shall assign or transfer its
23 interest in this Agreement.
24 SECTION 15: EXTRA SERVICES.
25 No extra services beyond the scope of this Agreement shall be
26 rendered by Consultant unless such extra services shall be authorized in
27 writing by the City Administrator of City or his designee.
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benefits except health and dental insurance, including, but not limited
to, worker's compensation, disability, retirement, life insurance,
unemployment insurance, any insurance benefits other than health and
dental insurance. Consultant agrees that he shall not sue or file a
claim, petition, or application therefore against City or any of City's
officers, employees, agents, representatives, or sureties.
011elim7^XT n _ T1k N1-KTT%11R7-TTT
The terms and conditions of this agreement can only be amended
by a written agreement between the parties hereto.
SECTION 10: SCOPE OF WORK.
Vernon designates the City Administrator to supervise the
provision of consulting services by Consultant. The Parties intend that
the anticipated scope of work shall be consistent with a continuation of
the general duties Consultant currently engages in as Chief of Police
for the City. The City Administrator also will ensure that Consultant
does not exceed 960 hours in any calendar year.
SECTION 11: VALIDITY.
In the performance of this Agreement, Consultant shall abide by
and conform to any and all applicable laws of the United States, the
State of California, and ordinances, regulations, and policies of Vernon.
SECTION 12: AGREEMENT.
City and Consultant both acknowledge that this Agreement is
subject to the provisions of Government Code Section 21224, which states
in its entirety as follows:
"A retired person may serve without reinstatement
from retirement or loss or interruption of benefits
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provided by this system upon appointment by the
appointing power of a state agency or any other
employer either during an emergency to prevent
stoppage of public business or because the retired
employee has skills needed in performing work of
limited duration. These appointments shall not
exceed a total for all employers of 960 hours in any
calendar year, and the rate of pay for the employment
shall not be less than the minimum, nor exceed that
paid by the employer to other employees performing
comparable duties."
SECTION 13: NOTICES.
Notices and communications concerning this Agreement shall be
sent to the following addresses:
City: THE CITY OF VERNON
ATTENTION: FINANCE OFFICE MANAGER
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
Consultant: BRUCE W. OLSON
SECTION 14: ASSIGNMENT.
Neither City nor Consultant shall assign or transfer its
interest in this Agreement.
/1T11'YTTl�fT 9 r TIV TTl 11 ATTTTT /"IT]tT
No extra services beyond the scope of this Agreement shall be
rendered by Consultant unless such extra services shall be authorized in
writing by the City Administrator of City or his designee.
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eN"riTT/1AT 9 L _ t-4^T7"1nLTTTT!"1 T TLT
The laws of the State of California shall govern the rights,
obligations, duties and liability of the parties to this Agreement and
shall also govern the interpretation of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed as of the day, month and year first above
written.
By:
ATTEST:
By:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
By:
ED OLIVO, City A ey
By:
THE CITY OF VERNON
LEONIS C. MALBURG, Mayor
BRUCE W. OLSON
- 7 -
SUPPORTING
DOCUMENTS
V
AGREEMENT FOR CONTRACTUAL SERVICES
THIS 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 this ;2jff day of
September, 2003, in the City of Vernon, County of Los Angeles,
California
BY AND BETWEEN THE CITY OF VERNON, a
municipal corporation,
(hereinafter referred to as
"City")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
AND Bruce W. Olson, an individual
(hereinafter referred to as
"Consultant")
RECITALS:
WHEREAS, Consultant began serving City as its Police Chief on
September 14, 1997; and
WHEREAS, Consultant has advised City that he would like to
retire effective September 20, 2003 pursuant to the provisions of the
Public Employees Retirement System ("PERS"); and
WHEREAS, upon his retirement, Consultant will become subject
to the provisions of Government Code Section 21224, which limits his
activities for City so that they shall not exceed 960 hours in any
calendar year; and
WHEREAS, Consultant would like to continue working for City
beginning September 21, 2003, consistent with the requirements of PERS,
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1 as the Temporary Police Chief in order to assist City in the transition
2 to a new Police Chief; and
3 WHEREAS, City desires to retain Consultant to provide
4 assistance and consultation in conjunction with police department
5 matters including, but not limited to acting as the Temporary Chief of
6
Police for City and the training of a replacement to become Chief of
7
Police for City; and
8
WHEREAS, Consultant is well qualified by reason of education
9
and experience to perform such services; and
10
WHEREAS, Consultant is willing to render such professional
11
12 services as hereinafter defined.
13 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
14 THE PARTIES HERETO AGREE AS FOLLOWS:
15 SECTION 1: SCOPE OF SERVICES.
16 The services to be provided will be on an as -needed basis as
17 directed and authorized by the City Administrator of City. Consultant
18 agrees to provide consulting services as set forth below. The City
19 Administrator, or his designee, shall supervise the provision of
20 consulting services by Consultant. Consultant will be required to work a
21
forty (40) hour work week subject to the 960 hour calendar year
22
limitation discussed above. The City Administrator will also ensure that
23
Consultant does not exceed 960 hours in any calendar year.
24
SECTION 2: TERM.
25
26 The term of this Agreement shall be effective from
27 September 21, 2003 to December 31, 2004, provided that Consultant has
28 not exceeded a total of 960 hours of consulting services for each of
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1 the calendar years of 2003 and 2004, respectively, during said time.
2 Once Consultant reaches the 960 hour limit for the 2004 calendar year,
3 this Agreement shall expire. Further, both City and Consultant shall
4 have the right to terminate this Agreement on thirty (30) days written
5 notice.
6
SECTION 3: COMPENSATION.
7
City shall pay Consultant at the rate of Thirteen Thousand
8
Seven Hundred Fifty Four Dollars and No Cents ($13,754.00), payable every
9
month, after submission of a written invoice by Consultant to the City
10
11 Administrator and approval of said invoice by the City Administrator. In
12 addition, City shall continue to pay the cost of health and dental
13 insurance during the term of this Agreement. Consultant will pay his own
14 operating expenses.
15 SECTION 4: ACCRUED VACATION TIME.
16 Upon retirement, Consultant will be entitled to receive payment
17 for all accrued and vested vacation consistent with City's policies
18 regarding the same. Rather than receive a cash payment upon the
19 effective date of his retirement, Consultant has requested that such
20 accrued vacation be compensated as a credit towards his service
21
requirement in this Agreement so that Consultant may take time off during
22
the Agreement term. Therefore, City shall compensate Consultant on a per
23
hour for hour credit basis against Consultant's forty (40) hour work week
24
requirement for any unused accrued vacation time earned by Consultant
25
26 pre -retirement. For every hour below the forty (40) hours per week
27 Consultant does not work during the term of this Agreement, his accrued
28 vacation time will be so credited towards the forty (40) hour work week
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service requirement. Both actual work hours and credited accrued vacation
time will be counted toward the 960 hour calendar year limitation.
SECTION 5: METHOD OF PAYMENT.
City agrees to pay the Consultant based on the submittal of an
invoice to City describing the services provided and the hours expended
in providing such services. Payment shall be made by City within 15 days
of receipt of such invoice.
SECTION 6: CANCELLATION.
City reserves the right to cancel and terminate this agreement
upon thirty (30) days written notice. City agrees to compensate
Consultant for actual costs incurred prior to the cancellation of the
agreement. In the event of termination, Consultant shall forthwith turn
over to City all work product, documents, records and writings of
whatsoever nature in connection with this Agreement.
n 11lTR1Tl1TT " _ ^T.TT". T( TTTT
All writings, documents and records prepared, received, or
maintained by Consultant in connection with or as a result of services
performed for City shall be and remain the property of City.
SECTION 8: CAPACITY AS INDEPENDENT CONTRACTOR.
The provision of services by Consultant under this Agreement
shall be in the capacity of an independent contractor and not as an
employee of City. For that reason, Consultant will not receive any
payment for holidays or vacations. In consideration for the compensation
paid to Consultant by City pursuant to Section 3 of this Agreement,
Consultant agrees that City, its officers, employees, agents,
representatives and sureties shall not be liable or responsible for any
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1 benefits except health and dental insurance, including, but not limited
2 to, worker's compensation, disability, retirement, life insurance,
3 unemployment insurance, any insurance benefits other than health and
4 dental insurance. Consultant agrees that he shall not sue or file a
5 claim, petition, or application therefore against City or any of City's
6
officers, employees, agents, representatives, or sureties.
7
SECTION 9: AMENDMENT.
8
The terms and conditions of this agreement can only be amended
9
by a written agreement between the parties hereto.
10
SECTION 10: SCOPE OF WORK.
11
12 Vernon designates the City Administrator to supervise the
13 Provision of consulting services by Consultant. The Parties intend that
14 the anticipated scope of work shall be consistent with a continuation of
15 the general duties Consultant currently engages in as Chief of Police
16 for the City. The City Administrator also will ensure that Consultant
17 does not exceed 960 hours in any calendar year.
18 SECTION 11: VALIDITY.
19 In the performance of this Agreement, Consultant shall abide by
20 and conform to any and all applicable laws of the United States, the
21
State of California, and ordinances, regulations, and policies of Vernon.
22
SECTION 12: AGREEMENT.
23
City and Consultant both acknowledge that this Agreement is
24
subject to the provisions of Government Code Section 21224, which states
25
26 in its entirety as follows:
27 "A retired person may serve without reinstatement
28 from retirement or loss or interruption of benefits
- 5 -
provided by this system upon appointment by the
appointing power of a state agency or any other
employer either during an emergency to prevent
stoppage of public business or because the retired
employee has skills needed in performing work of
limited duration. These appointments shall not
exceed a total for all employers of 960 hours in any
calendar year, and the rate of pay for the employment
shall not be less than the minimum, nor exceed that
paid by the employer to other employees performing
comparable duties."
SECTION 13: NOTICES.
Notices and communications concerning this Agreement shall be
sent to the following addresses:
City: THE CITY OF VERNON
ATTENTION: FINANCE OFFICE MANAGER
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
Consultant: BRUCE W. OLSON
SECTION 14: ASSIGNMENT.
Neither City nor Consultant shall assign or transfer its
interest in this Agreement.
11T1/9TT/11T T r _ TVTT111 ATTIT TT PITIA
No extra services beyond the scope of this Agreement shall be
rendered by Consultant unless such extra services shall be authorized in
writing by the City Administrator of City or his designee.
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WII
provided by this system upon appointment by the
appointing power of a state agency or any other
employer either during an emergency to prevent
stoppage of public business or because the retired
employee has skills needed in performing work of
limited duration. These appointments shall not
exceed a total for all employers of 960 hours in any
calendar year, and the rate of pay for the employment
shall not be less than the minimum, nor exceed that
paid by the employer to other employees performing
comparable duties."
SECTION 13: NOTICES.
Notices and communications concerning this Agreement shall be
sent to the following addresses:
City: THE CITY OF VERNON
ATTENTION: FINANCE OFFICE MANAGER
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
Consultant: BRUCE W. OLSON
SECTION 14: ASSIGNMENT.
Neither City nor Consultant shall assign or transfer its
interest in this Agreement.
QV0MT(1TT 1 C . V%rMnT 0LMn1TTr100
No extra services beyond the scope of this Agreement shall be
rendered by Consultant unless such extra services shall be authorized in
writing by the City Administrator of City or his designee.
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SECTION 16: GOVERNING LAW.
The laws of the State of California shall govern the rights,
obligations, duties and liability of the parties to this Agreement and
shall also govern the interpretation of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed as of the day, month and year first above
written.
THE CITY OF VERNON
By: ,
EONIS C. MALB G, Mayo
ATTEST:
By: X��-y
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
By
EDUARDO OLIVO, Ci orn y
BRUCE W. OLSON
- 7 -
SUPPORTING
DOCUMENTS
VERNON POLICE DEPARTMENT
OFFICE MEMORANDUM
August 20, 2003
TO: B.V. Malkenhorst, City Administrator
FROM: Bruce W. Olson, Chief of Police .
SUBJECT: Retirement
Sir:
I've been told by Ms. Orosco that I must submit a "resignation", so here goes.
Although I am not resigning my position as the Chief of Police at this time, I am3. A Personneom the form
Public Employees Retirement System effective Saturday, September
will be submitted to your office at the appropriate time.
As I approach the end of my allotted 960 work hours in 2004, I will submit a resignation of my duties as
Chief of Police.
I want to thank you again for your generous consideration in this matter.
SpecialFinanceCommittee Minutes August 12, 2003
Page 9
2. With respect to every item of business to be
discussed in Closed Session pursuant to Government Code Section
54957.6.
a. Conference with Labor Negotiator
Agency Negotiator: City Administrator
3. With respect to every item of business to be
discussed in closed session pursuant to subdivision (c) of
Government Code 54956.9.
a. Potential Litigation
It was moved by Ybarra, seconded by Gonzales, that the
Finance Committee go out of closed session and resume regular
session, the time being 4:00 p.m. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that
recommendation be made to City Council to -retain the services of
The Law Firm of Karns and Karabian to serve as General Counsel
on matters assigned. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that
recommendation be made to City Council to approve the employment
agreement by and between the City of Vernon and Bruce Olson for
the position interim Chief of Police be approved effective
September 21, 2003. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that
recommendation be made to City Council that the accountable
reimbursement Plan be studied by the Finance Committee. Motion
carried.
There being no further business to come before the
Committee at this time, it was moved by Gonzales, seconded by
Ybarra, that the meeting be adjourned. Motion carried.
Leonis C. Malburg, Chairman
ATTEST: