Resolution No. 8631
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RESOLUTION NO. 8631
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN EMPLOYMENT AGREEMENT FOR CHIEF OF POLICE
SERVICES BY AND BETWEEN THE CITY OF VERNON AND
SOLOMON BENUDIZ
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7 WHEREAS, the Personnel Committee on December 14, 2004,
8 considered the recommendation of Bruce V. Malkenhorst, Director of
9 Personnel, dated December 7, 2004, that Solomon Benudiz be
10 reclassified to the position of Chief of Police; and
11 WHEREAS, the City Council has elected to appoint Solomon
12 Benudiz, the current Acting Chief of Police, to the position of Chief
13 of Police of the Vernon Police Department, effective January 9, 2005;
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15 WHEREAS, it is the desire of the City Council that there be
16 close cooperation and coordination between the Chief of Police and the
17 City Administrator in order to implement City Council policy; and
18 WHEREAS, the City of Vernon and Solomon Benudiz desire to
19 execute an Employment Agreement setting forth the terms and conditions
20 of the Chief of Police services to be performed.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
22 CITY OF VERNON AS FOLLOWS:
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SECTION 1:
The City Council of the City of Vernon hereby
24 finds and determines that the recitals contained hereinabove are true
25 and correct.
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SECTION 2:
The City Council of the City of Vernon hereby
27 approves the Employment Agreement for Chief of Police Services, a copy
28 of which is attached hereto as Exhibit A and incorporated by
1 reference.
2 SECTION 3: The City Council of the City of Vernon hereby
3 authorizes the Mayor to execute said Agreement for, and on behalf of,
4 the City of Vernon and the City Clerk is hereby authorized to attest
5 thereto.
6 SECTION 4: The City Council of the City of Vernon hereby
7 appoints Solomon Benudiz to serve as the Chief of Police in the Vernon
8 Police Department as provided for in said Agreement, effective
9 January 9, 2005.
10 SECTION 5: The City Council of the City of Vernon hereby
11 directs the City Clerk, or his designee, to give one fully executed
12 Agreement to Solomon Benudiz.
13 SECTION 6: Mr. Benudiz shall work directly with and report
14 to the City Administrator in administering City Council policies and
15 practices in relation to administrative and personnel matters in the
16 Fire Department.
17 SECTION 7: The City Clerk of the City of Vernon shall
18 certify to the passage of this resolution, and thereupon and
19 thereafter the same shall be in full force and effect.
20 APPROVED AND ADOPTED this 5th day of January, 2005.
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24 ATTEST:
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27 BRUCE V. MALKENHORST, City Clerk
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8 2005, and
9 Vernon.
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13 (SEAL)
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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.
8631, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, January 5,
thereafter was duly signed by the Mayor of the City of
BRUCE V. MALKENHORST,
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EXHIBIT
A
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EMPLOYMENT AGREEMENT
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FOR
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CHIEF OF POLICE SERVICES
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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 this 5th day of January,
2005, in the City of Vernon, County of Los Angeles, California
9 BY AND BETWEEN
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THE CITY OF VERNON, a municipal
corporation, (hereinafter
referred to as "City")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
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AND
SOLOMON "SOL" BENUDIZ,
(hereinafter referred to as
"Benudiz")
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RECITALS:
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WHEREAS, City is a Charter City and subject to some of the
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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 was never established
by the City when it was a General Law City; and
WHEREAS, 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
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as providing a property interest in employment for Vernon Firemen; and
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WHEREAS, .City appealed said determination and said property
right issue became moot as a result of the appeal and has no lawful
effect at this time; and
1 WHEREAS, City has determined to create positions in the
2 Vernon Police Department wherein no property right shall attach to said
3 positions; and
4 WHEREAS, all employees in the Police Department shall not be
5 a part of any personnel system, merit system or civil service system
6 nor shall they have any property rights in their employment but will
7 serve solely at the will and pleasure of the appointing authority, the
8 City Council; and
9 WHEREAS, the position of Chief of Police of the Vernon Police
10 Department is a delicate and sensitive position and is an integral part
11 of the criminal justice system of City; and
12 WHEREAS, tne administration and implementation of criminal
13 justice policy matters require the appointment of an individual who
14 will conduct himself in such a manner as to not bring discredit upon
15 the Police Department or upon the City; and
16 WHEREAS, the off duty activities of the Chief of Police are
17 not within the scope of his official duties, nevertheless said
18 activities are important in that they reflect upon the individual's
19 sensitivity to the administration of the Police Department and in
20 enforcing the laws of the State of California; and
21 WHEREAS, the City Council deems it important to establish
22 that the Chief of Police position involves the administration and
23 implementation of sensitive police matters which require the utmost
24 cooperation between the City Council and the person serving as Chief of
25 Police; and
26 WHEREAS, Benudiz has been employed by the City of Vernon in
27 the Police Department of the City of Vernon for approximately 23 years;
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1 WHEREAS, Benudiz was appointed to the position of Captain in
2 said Department on September 14, 1997; and
3 WHEREAS, Benudiz has served as Acting Chief of Police of the
4 Vernon Police Department during the previous six (6) months; and
5 WHEREAS, City has a vacancy in the Chief of Police position;
6 and
7 WHEREAS, City desires to appoint Benudiz as Chief of Police
8 of the Police Department of the City; and
9 WHEREAS, it is the desire of the City Council to provide by
10 contract certain conditions of employment with Benudiz.
11 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
12 AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
13 SECTION 1: The City Council hereby appoints Benudiz to serve
14 as the City's Chief of.Police in the Police Department of the City.
15 SECTION 2: Benudiz, in serving as the Chief of Police in the
16 Police Department of the City, hereby agrees that he does not have a
17 property right in employment in his position as Chief of Police and
18 that he serves at the will and pleasure of the City Council.
19 SECTION 3: Benudiz hereby agrees that in accepting the
20 appointment of Chief of Police that he is subject to termination at the
21 will and pleasure of the City Council and that he is not entitled to a
22 hearing concerning said termination and that said termination may be for
23 any reason whatsoever or no reason at all.
24 SECTION 4: Benudiz, while serving as Chief of Police, is
25 considered to be a confidential and management employee and shall not
26 communicate any confidential communications he receives within the scope
27 of his duties to other employees of the City who are not also management
28 and confidential employees. For the purposes of this section, the
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1 following employees are considered management and confidential employees:
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City Administrator;
City Attorney;
All Department Heads;
All Battalion Chiefs;
Captains in the Police Department;
Division Heads in the Pubtic Works Department;
Lieutenants in the Police Department.
SECTION 5: Benudiz hereby agrees that the City Council may
10 prescribe duties which will be considered part of the duties of the
11 Chief of Police position and Benudiz hereby agrees that he has no vested
12 right in the current tluties prescribed in the current job description.
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SECTION 6: Benudiz as Chief of Police will be entitled to
14 the privileges provided for management and confidential employees
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15 pursuant to resolutions and ordinances of City.
SECTION 7: Benudiz shall remain covered by the normal City
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17 retirement system in the category of Chief of Police.
SECTION 8: The City Council shall fix any such other terms
19 and conditions of employment as it may determine from time to time,
20 relating to the performance of Benudiz, provided such terms and
21 conditions are not inconsistent with or in conflict with the provisions
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22 of this Agreement or the general law of the State of California.
SECTION 9: All provisions of the City relating to vacation
24 and sick pay, retirement and pension system contributions, holidays, and
25 other fringe benefits and working conditions as they now exist or
26 hereafter may be amended, also shall apply to officer as they would to
27 other management employees in offices of City, in addition to said
28 benefits enumerated specifically for the benefit of Benudiz except as
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1 herein provided.
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SECTION 10: This Agreement shall become effective commencing
3 January 9, 2005.
4 IN WITNESS WHEREOF, the City of Vernon has caused this
5 Agreement to be signed and executed on its behalf by the Mayor, and
6 Benudiz has signed and executed this Agreement, both in duplicate, the
7 day, month and year first written above.
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THE CITY OF VERNON
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By:
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LEONIS C. MALBURG, Mayor
ATTEST:
By:
BRUCE V. MALKENHORST, City Clerk
APPROVED~TO. FORM:
By: -:0.--- ~
ERIC T. FRE H, City Attorney
By:
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Page 1 of 2
1
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Juarez, Debbie
From: Rodino, James [JRodino@covpd.org]
Sent:. Thursday, August 05, 2010 12:04 PM
To: Juarez, Debbie
Subject: RE: Benudiz Resignation Documentation
Debbie,
He was never given an employment agreement. The employment agreements started with Chief
Towles.
Regards.
James P. Rodino
Inteirm Chief of Police
Integrity ®Quality of 5ervice•Prnfessionalism sTeamwark~lnnovation
Vernon. Police Department
4305 Santa Fe Avenue
Vernon, CA 90058
.323-587-5971 ext. 195
323-353-2037 (Cell)
jrodino ~covpd.org
From: Juarez, Debbie [mailto:DJuarez@ci.vei•non.ca.us]
Sent: Thursday,. August 05, 2010 11:52
To: Rodino, James
Subject: RE: Benudiz Resignation Documentation
Thank you, Chief. Does your file have a copy of the fully executed employment agreement for Sol when he
became Chief? If so, then we need it; too. Thanks, again.
~De6ora(z,~uarez
12ecords 1VlanagementAssistant
City of Vernon -City CCerk,'s Office
430SSanta ~F'eAvenue
'i~ernon, C/`~ 90058
(323) 583-8811.
From: Rodino, James [mailto:JRodino@covpd.org]
Sent: Thursday, August 05, 2010 11:07 AM
To: Juarez,. Debbie
Subject: Benudiz Resignation Documentation
Debbie,
Here is the information you requested. Please let me know if you require any additional information.
Please let me know if you need any further assistance.
Regards.
8/5/2010
Page 2 of 2
James P. Rodino
Interim Chief of Police
Infegrity®Quality of Service®PrafessionalismdTeamwork~innovatinn
Vernon Police Department
4305 Santa Fe Avenue
Vernon, CA 90058
323-587-5171 ext. 115
323-353-2037 (Cell)
jrodino@covpd.org_
8/5/2010
Page 1 of 1
Juarez, Debbie
From: Rodino, James [JRodino@covpd.org]
Sent: Thursday, Augusfi05, 2010 11:07 AM
To: Juarez, Debbie
Subject: Benudiz Resignation Documentation
Attachments: Resignation Benudiz 08-05-2010.pdf; Personnel Action Forms Benudiz 08-05-2010.pdf
Debbie,
Here is the information you requested. Please let me know if you require any additional information.
Please let me know if you need any further assistance.
Regards.
James P. Rodino
Interim. Chief of Police
Integrity•Qu~lity of Service+Prafessiona{ism+Teamwork•{nnovation
Vernon- Police Department
4305 Santa Fe Avenue
Vernon, CA 90058
323-587-5171 ext. 115
323-353-2037 (Cell)
jrodino _ covpd.org
8/5/2010
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~l',htenl~el' 2(1l)(?
M~ivor Lcoiirs C~. 11~Ialburg
Mayor Pro-"hem ~1'homas 1~. Yt~rii~ra
Counciln~ial~ 1-Iilario Gunz~lez
~ CUuuncilman GVillian~ Davis
C~ur~cilrna~~ Michael McCon7lick
Ilo~torablc Mayer and Councilr~icn:
'I'bis i5 ~o advise that l hay c accepte~l~u offer as C`hicf of Poliec~ for the Oily of~frwindalc;
7'hcreforc, 1 arrl tendering this letter bf resignatiou cLfectivc September l9, 20Ub.
Duri~~g my 25 171u:; years with the City ol'Vcrnon, 1 have had the pleasure ;('working wifll
many lisle, prohcssionals, lam espcciallyproud ofthemen and woman oPfhe~ Ve,rnorl 1'olicc
])c~lru~tment (both sworn and rion-swoi~i7) wl~c~ have consisfenily proven lhcir conuuitmeut to
the City of Vernon and the community. '1'hc nx;mbers of the Vernon Police Dcpartrnent arc,
in my opinion, some ol~ the hest-trained, dcilicatcd and E~rotessional police; staff in the
southeast area. I will clearly miss those whom I ]lave led as C'hieP.
Lwill continue to work diligently lt~t~ the City ol'Vr.rnon and its Police T3cl~s~irttr~ent during tl~e
tr~msition period. 'I'o Ihat end, I look forw~u~d to working with the City in an}~ tx~anner to
ensure a smix~th transition. I would he happy fir, discuss }~»lcntial in-hr>use ~uecessorand~
provide Some insight ihatmay.b,a helpful,
Regards,
`I~~iVO+'~' _I'~)7~~ t'1~. DLI'1~R"1~~11~;N~C
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