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Resolution No. 2012-235RESOLUTION NO. 2012-235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING DANIEL E. CALLEROS TO SERVE AS THE CHIEF OF POLICE OF THE CITY OF VERNON AND APPROVING AND AUTHORIZING THE EXECUTION OF AN AT -WILL EMPLOYMENT AGREEMENT WHEREAS, the position of Chief of Police ("Police Chief") has been vacant 'since June, 2010; and WHEREAS, per the good governance reforms recommended by Senator Kevin de Leon and the City's Reform Monitor John Van de Kamp the City retained the services of Roberts Consulting Group, Inc. to recruit a Police Chief for the City of Vernon; and WHEREAS, Roberts Consulting.Group, Inc. created an executive recruitment brochure for the position.(attached hereto as Exhibit A) and conducteda broad and extensive recruitment that included multiple screenings and.interviews of numerous applicants; and WHEREAS, the City Council conducted final interviews of the three highest ranking candidates at a special City Council meeting on December 5,.2012; and WHEREAS, the City Council of the City of Vernon has determined Daniel E. Calleros ("Calleros") to be the most qualified candidate for the position and desires to appoint Calleros to serve as the Chief of Police, effective December 18, 2012, subject to approval of an At -Will Employment Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION l: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. SECTION 3: The City Council of the City of Vernon hereby appoints Daniel E. Calleros to serve as the Chief of Police of the City of Vernon, effective December 18, 2,012. SECTION 4: The City Council of the City of Vernon hereby approves the At -Will Employment Agreement with Calleros, in substantially the same form as the copy which is attached hereto as Exhibit B. SECTION 5: The City Council of the City of Vernon hereby authorizes the City Administrator to execute said Agreement for, and on behalf of, the City of Vernon and the Interim City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 6: The City Council of the City of Vernon hereby directs the Interim City Clerk, or the Interim City Clerk's designee, to give a fully executed Agreement to Calleros. SECTION 7: The Interim City Clerk, or any authorized officer, shall administer the Oath of Office prescribed in the Constitution.of the State of California to Calleros and shall have him subscribe to it and file it with the Human Resources Department. -2_ SECTION 8: The Interim City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the Interim City Clerk of the City of Vernon shall cause this resolution and the Interim City Clerk'-s certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 18th day of December, 2012. Name: Wil iam J. Davis Title: Mayor / yor 72c AT T T : Dan'u' Reed, Interim City Clerk _3 STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, Dana Reed, Interim City Clerk of the City of Vernon, do hereby_ certify that the foregoing Resolution, being Resolution No. 2012-235, was duly passed, approved and adopted by. the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, December 18, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this � day of December, 2012, at Vernon, California. J Dada Reed, Interim City Clerk (S EAL ) - 4 - CHIEF OF POLICE City of Vernon, CA ROBERTS CONSULTING GROUP INC THE CITY Vernon is an industrial city of 5.2 square miles located about five miles to the southeast of downtown Los Angeles. Founded in 1905 as the first exclusively industrial city in the Southwestern United States (its residential population is 112), Vernon currently houses more than 1,800 businesses that employ approximately 50,000 people, serving as a vital economic engine in the region. Offering an environment uniquely friendly to business, Vernon is the home to many Fortune 500 companies in industries that include food and agriculture, apparel, steel, plastics, logistics and home furnishings. Vernon maintains strong philanthropic ties with the neighboring communities where much of its workforce lives, providing significant support for public services such as health care and education. Over the years, Vernon's city government has grown into one of the most efficient and business -friendly in the region. With some of the lowest taxes of any city in the State, Vernon is able to offer an array of municipal services tailored to meet the needs of its business community. Vernon is one of just 25 cities in the United States with a Class 1 rated fire department, and one of four cities in California with its own health department, which specializes in industrial issues. The City's businesses receive very low rates for water, electricity, gas and fiber optics as a result of Vernon's in depend ent.utilities. In 2008, Vernon was named by the Los Angeles County Economic Development Corporation as the County's "Most Business Friendly City" for cities with less than 50,000 residents. The five members of the City Council are elected at large, on a non -partisan basis, for five year staggered terms and, as a result of 2011 Charter amendments, no person may serve more than two terms of office (terms that began before the effective date of the amendment do not apply to the two.term limit). The Mayor is selected by the Council. At present, there are four Council Members in office, with one seat to be filled. The City's total budget for FY 2012-13 is almost $323 million (the General Fund budget is $46.6 million) with 278 employees. Vernon is on the cusp of historic reform and the creation of a model government. In 2011, Former California State Attorney General John Van de Kamp was engaged to serve as an Independent Ethics Advisor to the City. Later that year, he presented an initial report summarizing his findings and presenting recommendations for Good Governance Reform, and has followed up with two reports since that time. A number of these measures have been implemented and others are ongoing, with the most recent report in July 2012 indicating that the City is continuing to make real progress, although there is still more to be done. In addition, a letter from California State Senator Kevin De Leon outlined six proposed Critical Path Reforms for the City to undertake to address concerns: 1) creating greater accountability and transparency by implementing charter reform via election; 2) implementing the recommendations in the Van de Kamp report; 3) doubling the electorate through the construction of additional housing units within three years; 4) appointing an independent Reform Monitor for four years; 5) continuing and establishing worker rights for police, fire and other public employees; and 6) establishing a Good Neighbor Program, including a substantial and long-term Environmental and Community Benefit Fund (although the most recent Van de Kamp report recommends that it be consistent with the City's fiscal ability to financially support it). Also adding to the reform is the recent hiring of a new City Attorney and a new Human Resources Director. THE DEPARTMENT The Vernon Police Department is committed to maintaining law and order, protecting life and property, and enhancing the quality of life for Vernon residents and businesses through community policing. This multi -faceted approach to problem solving requires the incorporation of not only the community, but also of other City departments and governmental agencies. The Vernon Police Department employs some of the latest tools and technology available to provide effective and efficient law enforcement service in a growing and diverse community. The mission of the Vernon Police Department is "To provide swift, skillful and responsive law enforcement services to the people and businesses of our community through the application of proactive problem -solving strategies and the development of equal partnerships with the people we serve. We will seek to ensure a sense of well-being in the community, guided by our commitment to working closely with our industrial population, We are dedicated to maintaining the highest degree of professionalism and ethical standards in our pursuit of this mission, ever mindful of the need to safeguard the individual liberties of all members of the community." The Department is proud of its average response time of less than four minutes for emergency calls for service. The Department actively uses the Community Oriented Policing model to provide services to the businesses and the public. Officers take a very proactive approach to reducing the opportunity for crime, and work closely with members of the business community to ensure a safe environment in which to conduct business. The Vernon Police Department employs 59 people, including 47 sworn members and 12 non -sworn personnel. The FY 2012-13 budget for the Department is over $11 million. Reporting directly to the Chief of Police are Patrol & Support Services, Investigations/ Professional Standards, and one Police Secretary. Patrol & Support Services is under a Captain and includes the Patrol Division, Support Services and the Records Division: * The Patrol Division is comprised of 25 sworn Officers, six Patrol Sergeants and two Patrol Lieutenants who operate under two 12.5 hour shifts. Patrol cars have state-of-the-art equipment, including mobile computer terminals using advanced wireless technology. This Division also utilizes a Bicycle Patrol Team, a Motor Unit, a Canine Team and a D.A.R.E. Program for the local elementary school. *Within Support Services are a Dispatch Supervisor, five full-time Dispatchers and one part-time Dispatcher; as well as a Grants Manager, Radio Coordinator, Evidence Manager and Public Information Officer. The recently upgraded Communication Center is a model for other agencies. The Computer Aided Dispatch system is fully integrated with the mobile computer, the records management and the E911 systems. *The Records Division maintains the Police Department's statistics for internal staff, other City of Vernon departments and various California agencies. The Records Division is responsible for public records requests, reviewing and validating every report generated by Patrol and the Detective Bureau, distributing and archiving the reports as required. The Division also provides support services for the different divisions within the Department, to the City at large and to the public. The Records Division is staffed with one Record Manager, one Lead Records Technician and two Records Technicians. The Investigations/Professional Standards Division is headed up by a Lieutenant and includes the Detective Bureau and the Professional Standards Office: *The Detective Bureau is comprised of one Detective Sergeant, four in-house Detectives and a Court/Evidence Officer, in addition to the Lieutenant. There are also three Detectives assigned to regional multi -agency task forces, working closely with other law enforcement agencies in the region. The task forces include a narcotics enforcement team, a cargo theft investigation team, and an auto theft investigation team: *The Professional .Standards Office is comprised of one Sergeant and >, one Detective. The Sergeant handles administrative tasks, background investigations and internal investigations, and serves as a liaison between the businesses and the Police Department during labor disputes, as well as coordinating Community Policing functions. The Detective is responsible for ensuring that all sworn and non -sworn staff are properly trained as required by the California Commission on Peace Officer's Standards and Training and the Department of Corrections and Rehabilitations Corrections Standards Authority. In addition, the Vernon Police Department operates its own temporary holding jail facility. THE POSITION Under general direction, the Chief of Police plans, directs and coordinates activities of the Police Department; implements policies and establishes procedures related to crime prevention, law enforcement, and related community services; develops and administers the Department budget; [` provides highly responsible and technical assistance to the City Administrator i and City Council; and performs related duties as required. This position reports to the City Administrator and is responsible for the development and administration of programs designed to address f primary areas of City service. The Chief of Police is expected to exercise independent judgment, wisdom, common sense and initiative in establishing efficient and effective Departmental operations consistent Fi with City Council policies and administrative function as a member of the City's management team, and to participate actively in addressing issues of concern to the City which, at times, may not have a'direct impact on his/her area of specialization. Duties of the position include, but may not be limited to the following: *Plans, directs and coordinates a variety of programs designed for the maintenance of law and order, protection of life and property, l control of traffic, crime prevention, and the apprehension, arrest and detention of law violators; recommends the adoption and assists in the preparation of ordinances. *Analyzes operational and service demands and develops comprehensive plans to satisfy needs for Department services; confers with legal advisors, citizens and City officials on law enforcement problems; develops and implements municipal law enforcement policies and procedures; researches and implements modern police management methods. *Appoints a committee who will prepare and administer the budget for the Police Department; originates and implements organization and staffing patterns to effectively address operational needs. *Advises and otherwise assists the City Administrator and City Council in understanding and developing policies governing City responses to crime control and prevention. *Coordinates municipal law enforcement activities with those of other agencies. *Selects Department employees; plans and organizes work; develops and establishes work methods and standards; conducts or directs staff training and development; reviews and evaluates employee performance; executes disciplinary action. *Represents the City, or delegates such authority, in relations with the community; advisory committees; other local, state and federal agencies; and professional organizations. This is an at -will position. THE CANDIDATE Education and Experience Requires any combination of education and/or experience that has provided the knowledge, skills and abilities necessary for satisfactory job performance. Should have at least eight years of progressively responsible supervisory and management experience in a law enforcement agency which includes experience in all major phases of crime prevention, law enforcement, and police department administration. Experience with an industrial city would be a plus. Prior to employment, the prospective candidate must successfully complete a thorough background review, and may be fingerprinted. A job related medical examination and drug screen will also be required, at City expense, by a City designated physician. The selected candidate must possess, or be able to obtain, a Class C California driver's license and have a satisfactory driving record. Knowie6g The selected candidate should have extensive knowledge of; law enforcement principles, practices and techniques; causes, prevention and control of delinquency; traffic enforcement and education; rules of evidence; rights of citizens and prisoners, including laws pertaining to search, seizure and arrest; court procedures; supervisory and public relations techniques; and interagency communication and assistance techniques and practices. In addition, he/she should have thorough knowledge of: police services organization, administration and management; patrol methods; investigation and identification techniques; and must learn the physical layout and composition of the City, including special law enforcement problems. Finally, the next Chief should have considerable knowledge of vehicle and penal codes, as well as personnel and disciplinary processes. Skills and Abilities The next Chief of Police should have excellent interpersonal, communication, presentation and public relations skills, and should be able to: *Communicate clearly and concisely, both orally and in writing. *.Research and prepare complex reports on a variety of subjects. *Establish and maintain effective relationships with the community at large, the City Council and other public officials. *Plan, direct and coordinate law enforcement, crime prevention and emergency preparedness programs, and manage a department. *Select, train, supervise and evaluate employees. *Represent the City in a variety of meetings. *Make decisions regard ing.operationaI and personnel functions. *Operate programs within allocated amounts. * Respond to emergency and problem situations in an effective manner. *Understand, explain and apply policies and procedures. *Analyze unusual situations and resolve them through application of management principles and practices. *Develop comprehensive plans to meet future City needs and services *Deal constructively with conflict and develop effective resolutions. *Plan and enforce a balanced budget. *Develop new policies impacting Department operations and procedures. *Interpret financial statements and cost accounting reports. Management Style and Personal Traits The ideal candidate will be someone who can properly prioritize his/her workload, follows through, and who is detail oriented, well organized, decisive and has a sense of urgency. He/She should be a team player who is open and approachable, as well as able to identify, select and motivate subordinate staff. This person should be proactive in advising the City Administrator and City Council, Furthermore, he/she should be responsive, in a timely manner, to requests from the Council and the City Administrator. He/She must be politically astute, hardworking: energetic and confident, with a "can do" attitude. Finally, the Chief of Police needs to be trustworthy and ethical COMPENSATION The salary for this position is $190,920. In addition, benefits are provided which include: *Vacation: 120 hours per year after the first year and 160 hours per year after ten years of service. *Holidays: Up to ten paid holidays per year. *Sick Time: Accrued at 3.08 hours per pay period for a maximum of 80 hours per year, with a maximum cap of 960 hours. *Health: HMO or PPO/HSA Plan with $13,200 contributed annually j towards medical insurance coverage for employee and dependents. *Dental Insurance: Employee may obtain dental insurance through the City. 1 *Vision Care: City provides a vision care plan to employees. *Retirement: Public Employees Retirement System (CHP Plan 3% at 50)• Employee pays 9% member contribution. a *Deferred Compensation: 457 plan is available at employee cost (the City does not contribute). *Lifetime Medical: Sworn officers who have been employed as sworn: safety personnel for a minimum of 20 years and a minimum of ten years of that service having been in the employment of the City of Vernon will receive lifetime medical for themselves and their spouse. *Uniform Allowance: After first year of service, sworn employees . o receive $1,000 per fiscal year for the purchase of uniforms and related equipment. , *Auto: A City vehicle is provided. , *Credit Union`. Membership is available through the California State University, Los Angeles Federal Credit Union. *Bilingual Pay: $125 per month to employees who successfully pass the bilingual proficiency examination for Spanish. ; *Tuition Reimbursement: Available to employees who satisfactorily complete job related college courses ($2,200 per fiscal year) after successful completion of the evaluation period. *Certificates: 6% for Advanced P.O.S.T. certificate, after successful completion of the evaluation period. ° *Work Schedule: 4/10 work week. HOW TO APPLY Send resumes (email preferred) by October 9, 2012 to: ROBERTS CONSULTING GROUP INC PO Box 16692 Beverly Hills, CA 90209 Phone: (818) 783-7752 Fax: (818) 783-6377 Email: robertsrcg@msn.com Equal Opportunity/ADA Employer Additional information about the City and the Department can be found on their website at www.cityofvernon.org. EXHIBIT B AT -WILL EMPLOYMENT AGREEMENT BETWEEN THE CITY OF VERNON AND DANIEL E. CALLEROS THIS AGREEMENT is between the City of Vernon ("City") and Daniel..E. Calleros ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of Chief of Police. Employee desires to be the Chief of Police and acknowledges that such employment is at -will. The City Administrator, pursuant to the authority granted by the City of Vernon Charter and City Council, agrees to hire employee, as an at -will employee, subject to the terms and conditions identified below. AGREEMENT Section 1: TERM The term of this Agreement shall be from December 18, 2012, to and through December 18, 2015, unless earlier terminated by either party pursuant to the provisions of this Agreement. Employee is an at -will employee and may be terminated, with or without cause, and with or without notice, at any time by the City Administrator. Employee may resign at any time. Section 2: DUTIES A. City engages Employee as the Chief of Police to perform the functions and duties specified in the job description for the position (Attachment "A", incorporated here by this reference), as the same may be modified by the City Administrator, from time to time, and to perform such other legally permissible and proper duties and functions as the City Administrator shall, from time to time, assign. B. Employee agrees that to the best of his/her ability and experience that he/she will at all times conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations of the State of California and the United States. C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the City Administrator, and devote whatever time is necessary to fulfill the employment responsibilities and duties as identified in this Agreement. D. During the term of this Agreement, Employee is required to have and maintain a valid California Driver's license. E. Employee acknowledges that in connection with the performance of his/her duties, he/she will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that he/she will not disclose such confidential information other than to officers and employees of the City who have been authorized to have access to such information. Employee further agrees that if he/she has a question as to the confidentiality of information obtained in the course of his/her employment; he/she will contact the City Administrator for advice. Section 3: EXCLUSIVE EMPLOYMENT Employee agrees to focus his/her professional time, ability and attention to City business during the term of this Agreement. Consequently, Employee agrees not to engage in any other business pursuits, whatsoever, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, for compensation, without the prior written consent of the City Administrator. This does not preclude Employee from volunteering his/her services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by Employee under this Agreement. Section 4: COMPENSATION As compensation for the services to be rendered by Employee, City agrees to pay Employee a base starting salary of no less than $190,920, per year, payable in twenty-six (26) biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. Increases, if any, in Employee's salary during the term of this Agreement shall be at the sole discretion of the City Administrator based upon the City Administrator's evaluation of Employee's job performance and within the base salary range established by the City Council or as otherwise approved by the City Council. Section 5: PERFORMANCE REVIEWS AND MERIT ADJUSTMENTS Annually, or more frequently at the discretion of the City Administrator, the City Administrator will define goals and performance objectives for Employee. Said goals and objectives will be placed in writing and used to evaluate the performance of Employee. Employee will receive an evaluation six months from the hire date established in this Agreement and annual reviews thereafter by the City Administrator. The City Administrator may conduct more frequent evaluations in his/her discretion. Based on these performance evaluations, the Employee may, at the discretion of the City Administrator, receive a salary adjustment (Merit increase) based on the Employee's performance, as evaluated by the City Administrator. Section 6: A. BENEFITS Retirement As an employee of the City of Vernon, Employee will be enrolled in the California Public Employees Retirement System (PERS) retirement plan, as such plan may be amended by the City Council. As of the date of this employment agreement, such plan includes the 3% @ 50 benefit formula for sworn public safety employees. The Employee pays 9% for the employee contribution to PERS. B. Other Executive Management benefits Employee shall receive all benefits specified by the then current Resolutions of the City Council of Vernon for Executive Management Staff, including, without limitation, those related to ptl Vacation, Administrative Leave, Holidays, Sick Leave, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation. C. Other Public Safety Related Benefits Employee shall receive all benefits and special pay specified by the then current Resolutions of City Council pertaining to Police Management Personnel and any benefits specified specifically for the Chief of Police, including Medical and Dental Insurance. Any such special pay is in addition to the base salary amount, and examples of special pay include P.O.S.T. Certificate Incentive, Shooting Pay and Uniform Allowance. D. Election of Benefits The following benefits are provided for both Executive Management Staff and Police Management Staff in differing amounts: Medical and Dental Insurance, and Vacation and Administrative Leave. For the term of this Agreement, Employee has elected to be receive Medical and Dental Insurance, as provided to Police Management Personnel, and has elected to receive Vacation and Administrative Leave Policy, as provided to Executive Management Staff. As to any other benefits or special pay provided to both groups, Employee shall receive one benefit or the other, and not both benefits, at his reasonable election, and as the City Administrator may approve. Section 7: TERMINATION AND SEVERANCE PAY A. Employee is an at -will employee and serves at the will and pleasure of the City Administrator and may be terminated at any time, without cause, subject to the conditions of paragraphs B and C of this section, and subject to the provisions of the Public Safety Officers Procedural Bill of Rights. (Government Code Sections, 3300, et seq.) B. In the event that Employee is terminated by the City Administrator for reasons other than physical or mental incapacity, and other than those reasons noted in E, below, the City agrees to pay the employee a severance package equal to six (6) months of base salary. C. To be eligible for severance pay, as identified in paragraph B, of this section, Employee shall fulfill all of his obligations under this Agreement and shall sign acknowledgment and release of claims against the City. Such acknowledgement and release appears as Attachment "B" to this Agreement. D. All severance payments shall be paid within thirty (30) calendar days of the last date of employment. E. Notwithstanding paragraphs A, B and C, above, if Employee is terminated due to retirement, insubordination, incapacity, dereliction of duty, addiction to a controlled substance or alcohol, conviction of a crime involving moral turpitude or involving personal gain to him or abuse of his office or position or any felony or a breach of this Agreement, City shall have no obligation to pay any severance provided in this section. Furthermore, Employee agrees that any severance provided shall be fully reimbursed to the City if the Employe_ a is convicted of a crime involving an abuse of his office or position. F. At termination, Employee shall be paid for all earned, but unused, vacation time. 3 Section 8: EXECUTIVE COMPENSATION LIMITATIONS If Employee is paid leave salary during a pending investigation, any salary provided for that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. If Employee is provided funds for any legal criminal defense during his employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position. If this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. Section 9:. RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided he/she is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of his/her resignation or retirement. In the event Employee retires or resigns, Employee shall be entitled to payment for earned, but unused, vacation time, but not to severance pay as delineated in Section 7, paragraph B, above. Section 10: DISABILITY If Employee is permanently disabled or otherwise unable to perform his/her duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement; however, the City's option to terminate under this Section shall be limited by its obligation to engage in the interactive process for reasonable accommodations and to provide reasonable accommodations as required by law. Nothing in this Section shall be construed to limit or restrict Employee's benefits or rights under workers' compensation or the Public Employees Retirement System ("PERS" ). However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 8 of this Agreement. In cases of disability, Employee shall be compensated for any earned, but unused, vacation leave. Section 11: GENERAL PROVISIONS A. Notice Any notices required by this Agreement shall be in writing and either delivered in person or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice shall be addressed as follows: M TO CITY: City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Daniel E. Calleros B Entire Agreement. The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications understanding or agreements between the parties; not set forth herein, shall be superseded in total by this Agreement. No Amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the City Administrator and approved as to form by the City Attorney. C Assignment This Agreement is not assignable by either the City or Employee. D Severability In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement. E. Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. F. Jurisdiction Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County, G. . Effective Date This Agreement shall not become effective until it has been signed by Employee, and approved by the City Administrator. [Signatures Begin on Next Page]. 5 IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed in its behalf by its City Administrator, and executed by the Employee. City of Vernon, a California charter City and California municipal corporation Dated: By: Mark Whitworth, City Administrator ATTEST: Dana Reed, Interim City Clerk Approved as to form: Nicholas George Rodriguez, City Attorney L In signing this Agreement, Employee understands and agrees that his/her employment status is that of an at -will employee and that his/her rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Vernon which might otherwise apply to employees of the City. Employee further acknowledges that he was given the opportunity to consult with an attorney prior to signing this Agreement. Signed: Dated: Daniel E. Calleros NA ATTACHMENT A Job Description Under general direction, the Chief of Police plans, directs and coordinates activities of the Police Department; implements. policies and establishes procedures related to crime prevention, law enforcement, and related community services; develops and administers the Department budget; provides highly responsible and technical assistance to the City Administrator and City Council; and performs related duties as required. This position reports to the City Administrator and is responsible for the development and administration of programs designed to address primary areas of City service. The Chief of Police is expected to exercise independent judgment, wisdom, common sense and initiative in establishing efficient and effective Departmental operations consistent with City Council policies and administrative function. as a member of the City's management team, and to participate actively in addressing issues of concern to the City which, at times, may not have a direct impact on his/her area of specialization. Duties of the position include, but may not be, limited to the following • Plans, directs and coordinates a variety of programs designed for the maintenance of law and order, protection of life and property, control of traffic, crime prevention, and the apprehension, arrest and detention of law violators; recommends the adoption and assists in the preparation of ordinances. • Analyzes operational and service demands and develops comprehensive plans to satisfy needs for Department services; confers with legal advisors, citizens and City officials on law enforcement problems; develops and implements municipal law enforcement policies and procedures; researches and implements modern police management methods. • Appoints a committee who will prepare and administer the budget for the Police Department; originates and implements organization and staffing patterns to effectively address operational needs. • Advises and otherwise assists the City Administrator and City Council in understanding and developing policies governing City responses to crime control and prevention. • Coordinates municipal law enforcement activities with those of other agencies. • Selects Department employees; plans and organizes work; develops and establishes work methods and standards; conducts or directs staff training and development; reviews and evaluates employee performance; executes disciplinary action. • Represents the City, or delegates such authority, in relations with the community; advisory committees; other local, state and federal agencies; and professional organizations. 9 ATTACHMENT B ACKNOWLEDGEMENT AND RELEASE This is to confirm that on this date I have received severance pay in the amount of $ pursuant to my employment agreement with the City of Vernon. I acknowledge that, in accepting such severance pay, I am releasing the City, its employees, officers and agents, from any and all claims of any kind or nature I had or may have had against the City arising from my employment with the City, including but without limitation, age discrimination claims under the Age Discrimination in Employment Act and the Older Workers Benefit Protection Act. I further acknowledge that this Acknowledgment and Release releases the City from and waivers any claims l may have against the City, its employees, officers and agents, stemming from my employment relationship, including the severance thereof, to the fullest extent permissible under the law. I further acknowledge that this waiver extends to all claims, known and unknown, relative to my employment with and cessation of my employment with the City. I specifically waive the application of Civil Code §1542, which provides: A general release does not extent to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him/her must have materially affected his/her settlement with the debtor. I have had the opportunity to consult with legal counsel relative to this Acknowledgement and Release, and I had a reasonable period of time within which to consider signing this Acknowledgement and Release. I have signed this Acknowledgement and Release voluntarily and willingly. Dated: Daniel E. Calleros 9 jjL g� I�MOM OFFICE OF THE.CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 December 19, 2012 Daniel E. Calleros Re: At -Will Employment Agreement Dear Mr. Calleros: Transmitted herewith is an original fully executed employment agreement, approved through Resolution No. 2012-235, approved by City Council on December 18, 2012. If you have any questions regarding this matter, please call Mr. Mark Whitworth at (323) 583- 8811 ext. 398: Very truly yours, De orah R. Juarez Records Management Assistant Enclosure c: Joaquin Leon Teresa McAllister Mark Whitworth Resolution No. 2012-235 Agreement File No. 12-127 EXcfusive6; Industrial AT -WILL EMPLOYMENT AGREEMENT BETWEEN THE CITY OF VERNON AND DANIEL E. CALLEROS THIS AGREEMENT is between the City of Vernon ("City') and Daniel E. Calleros ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of Chief of Police. Employee desires to be the Chief of Police and acknowledges that such employment is at -will. The City Administrator, pursuant to the authority granted by the City of Vernon Charter and City Council, agrees to hire employee, as an at -will employee, subject to the terms and conditions identified below. AGREEMENT Section 1: TERM The term of this Agreement shall be from December 18, 2012, to and through December 18, 2015, unless earlier terminated by either party pursuant to the provisions of this Agreement. Employee is an at -will employee and may be terminated, with or without cause, and with or without notice, at any time by the City Administrator. Employee may resign with thirty (30) days advance notice as set forth. in Section 9 below. Section 2: DUTIES A. City engages Employee as the Chief of Police to perform the functions and duties specified in the job description for the position (Attachment "A", incorporated here by this reference), as the same may be modified by the City Administrator, from time to time, and to perform such other legally permissible and proper duties and functions as the City Administrator shall, from time to time, assign. B. Employee agrees that to the best of his ability and experience that he will at all times conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations of the State of California and the United States. C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the City Administrator, and devote whatever time is necessary to fulfill the employment responsibilities and duties as identified in this Agreement. D. During the term of this Agreement, Employee is required to have and maintain a valid California Driver's License. E. Employee acknowledges that in connection with the performance of his duties, he will obtain information from City employees and third parties that is of a confidential nature Employee agrees that he will not disclose such confidential information other than to officers and employees of the City who have been authorized. tohave access to such information. Employee further agrees that if he has a question as to the confidentiality of information obtained in the course of his employment; he will contact the City Administrator for advice. Section 3: EXCLUSIVE EMPLOYMENT Employee agrees to focus his professional time, ability and attention to City business during the term of this Agreement. Consequently, Employee agrees not to engage in any other business pursuits, whatsoever, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, for compensation, without the prior written consent of the City Administrator. This does not preclude Employee from volunteering his services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by Employee under this Agreement. Section 4: COMPENSATION As compensation for the services to be rendered by Employee, City agrees to pay Employee a base starting salary of no less than $190,920, per year, payable in twenty-six (26) biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. Increases, if any, in Employee's salary during the term of this Agreement shall be at the sole discretion of the City Administrator based upon the City Administrator's evaluation of Employee's job performance and within the base salary range established by the City Council or as otherwise approved by the City Council. Employee's salary shall be reflected in the City's publicly available salary schedule. Section 5: PERFORMANCE REVIEWS AND MERIT ADJUSTMENTS Annually, or more frequently at the discretion of the City Administrator, the City Administrator will define goals and performance objectives for Employee. Said goals and objectives will be placed in writing and used to evaluate the performance of Employee. Employee will receive an evaluation six months from the hire date established in this Agreement and annual reviews thereafter by the City Administrator. The City Administrator may conduct more frequent evaluations in his discretion. Based on these performance evaluations, the Employee may, at the discretion of the City Administrator, receive a salary adjustment (Merit increase) based on the Employee's performance, as evaluated by the City Administrator. Section 6: BENEFITS A. Retirement As an employee of the City of Vernon, Employee will be enrolled in the California Public Employees Retirement System (PERS) retirement plan, as such plan may be amended by the City Council. As of the date of this employment agreement, such plan includes the 3% @ 50 benefit formula for sworn public safety employees. The Employee pays 9% for the employee contribution to PERS. B. Other Executive Management benefits Employee shall receive all benefits specified by the then current Resolutions of the City Council of Vernon for Executive Management Staff, including, without limitation, those related to E Vacation, Administrative Leave, Holidays, Sick Leave, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation. C. Other Public Safety Related Benefits Employee shall receive all benefits and special pay specified by the then current Resolutions of City Council pertaining to Police Management Personnel and any benefits specified specifically for the Chief of Police, including Medical and Dental Insurance. Any such special pay is in addition to the base salary amount, and examples of special pay include P.O.S.T. Certificate Incentive, Shooting Pay and Uniform Allowance. D. Election of Benefits The following benefits are provided for both Executive Management Staff and Police Management Staff in differing amounts: Medical and Dental Insurance, and Vacation and Administrative Leave. For the term of this Agreement, Employee has elected to be receive Medical and Dental Insurance, as provided to Police Management Personnel, and has elected to receive Vacation and Administrative Leave Policy, as provided to Executive Management Staff. As to any other benefits or special pay provided to both groups, Employee shall receive one benefit or the other, and not both benefits, at his reasonable election, and as the City Administrator may approve. Section 7: TERMINATION AND SEVERANCE PAY A. Employee is an at -will employee and serves at the will and pleasure of the City Administrator and may be terminated at any time, without cause, subject to the conditions of paragraphs B and C of this section, and subject to the provisions of the Public Safety. Officers Procedural Bill of Rights. (Government Code Sections, 3300, et seq.) B. In the event that Employee is terminated by the City Administrator for reasons other than physical or mental incapacity, and other than those reasons noted in E, below, the City agrees to pay the employee a severance package equal to six (6) months of base salary. C. To be eligible for severance pay, as identified in paragraph B, of this section, Employee shall fulfill all of his obligations under this Agreement and shall sign acknowledgment and release of claims against the City. Such acknowledgement and release appears as Attachment "B" to this Agreement. D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the acknowledgement and release of claims against the City. E. Notwithstanding paragraphs A, B and C, above, if Employee is terminated due to retirement, insubordination, incapacity, dereliction of duty, addiction to a controlled substance or alcohol, conviction of a crime involving moral turpitude or involving. personal gain to him or abuse of his office or position or any felony or a breach of this Agreement, City shall have no obligation to pay any severance provided in this section. Furthermore, Employee agrees that any severance provided shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position. F. At termination, Employee shall be paid for all earned, but unused, vacation time. 3 Section 8: EXECUTIVE COMPENSATION LIMITATIONS If Employee is paid leave salary during a pending investigation, any salary provided for that purpose shall be fully reimbursed to the City if Employee is convicted of.a crime involving an abuse of his office or position. If Employee is provided funds for any legal criminal defense during his employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position. If this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. Section 9: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided he is eligible for retirement,. at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of his resignation or retirement. In the event Employee retires or resigns, Employee shall be entitled to payment for earned, but unused, vacation time, but not to severance pay as delineated in Section 7, paragraph B, above. Section 10: DISABILITY If Employee is permanently disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement; however, the City's option to terminate under this Section shall be limited by its obligation to engage in the interactive process for reasonable accommodations and to provide reasonable accommodations as required by law. Nothing in this Section shall be construed to Limit or restrict Employee's benefits or rights under workers' compensation or the Public Employees Retirement System ("PERS" )• However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 8 of this Agreement. In cases of disability, Employee shall be compensated for any earned, but unused, vacation leave. Section 11: GENERAL PROVISIONS A. Notice Any notices required by this Agreement shall be in writing and either delivered in person or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice shall be addressed as follows: 4 TO CITY: City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: B Entire Agreement The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications understanding or agreements between the parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or modification to this Agreement may b2 made except by a written agreement signed by the Employee and the City Administrator and approved as to form by the City Attorney, C Assignment This Agreement is not assignable by either the City or Employee. D Severability In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement. E. Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. F. Jurisdiction Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County. G. Effective Date This Agreement shall not become effective until it has been signed by Employee, and approved by the City Administrator. [Signatures Begin on Next Page]. 5 IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed in its behalf by its City Administrator, and executed by the Employee. City of Vernon, a California charter City and California municipal corporation Dated: Y: B Mark hitworth, City Administrator A TES i Dana4yed, Interim City Clerk Approv s to form l Nicho as eorge Rodriguez, City Attorney 6 In signing this Agreement, Employee understands and agrees that his employment status is that of an at -will employee and that his rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Vernon which might otherwise apply to employees of the City. Employee further acknowledges that he was given the opportunity to consult with an attorney prior to signing this Agreement: Signed: Dated: Daniel E. Calleros ATTACHMENT A Job Description Under general direction, the Chief of Police plans, directs and coordinates activities of the Police Department; implements policies and establishes procedures related to crime prevention, law enforcement, and related community services; develops and administers the Department budget; provides highly responsible and technical assistance to the City Administrator and City Council; and performs related duties as required. This position reports to the City Administrator and is responsible for the development and administration of programs designed to address primary areas of City service. The Chief of Police is expected to exercise independent judgment, wisdom, common sense and initiative in establishing efficient and effective Departmental operations consistent with City Council policies and administrative function as a member of the City's management team, and to participate actively in addressing issues of concern to the City which, at times, may not have a direct impact on his area of specialization. Duties of the position include, but may not be limited to the following: • Plans, directs and coordinates a variety of programs designed for the maintenance of law and order, protection of life and property, control of traffic, crime prevention, and the apprehension, arrest and detention of law violators; recommends the adoption and assists in the preparation of ordinances. • Analyzes operational and service demands and develops. comprehensive plans to satisfy needs for Department services; confers with legal advisors, citizens and City officials on law enforcement problems; develops and implements municipal law enforcement policies and procedures; researches and implements modern police management methods. • Appoints a committee who will prepare and administer the budget for the Police Department; originates and implements organization and staffing patterns to effectively address operational needs. • Advises and otherwise assists the City Administrator and City Council in understanding and developing policies governing City responses to crime control and prevention. • Coordinates municipal law enforcement activities with those of other agencies.. • Selects Department employees; plans and organizes work; develops and establishes work methods and standards; conducts or directs staff training and development; reviews and evaluates employee performance; executes disciplinary action. • Represents the City, or delegates such authority, in relations with the community; advisory committees; other local, state and federal agencies; and professional organizations. L ATTACHMENT B ACKNOWLEDGEMENT AND RELEASE This is to confirm that on this date I have received severance pay in the amount of $ pursuant to my employment agreement with the City of Vernon. I acknowledge that, in accepting such severance pay, I am releasing the City, its employees, officers and agents, from any and all claims of any kind or nature I had or may have had against the City arising from my employment with the City, including but without limitation, age discrimination claims under the Age Discrimination in Employment Act and the Older Workers Benefit Protection Act. I further acknowledge that this Acknowledgment and Release releases the City from and waivers any claims I may have against the City, its employees, officers and agents, stemming from my employment relationship, including_ the severance thereof, to the fullest extent permissible under the law. I further acknowledge that this waiver extends to all claims, known and unknown, relative to my employment with and cessation of my employment with the City. I specifically waive the application of Civil Code §1542, which provides: A general release does not extent to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him/her must have materially affected his/her settlement with the debtor. I have had the opportunity to consult with legal counsel relative to this Acknowledgement and Release, and I had a reasonable. period of time within which to consider signing this Acknowledgement and Release. I have signed this Acknowledgement and Release voluntarily and willingly. Dated: Daniel E. Calleros RECEIVED DEC 12 2012 RECEIVES CITY ADMINISTRATION DEC 13 2012 STAFF REPORT CITY CLERK'S OFFICE CITY CLERK'S OFFICE DATE: December 18, 2012 TO: Honorable Mayor and City Council FROM: Dana W. Reed, Interim City Clerk RE: AT -WILL EMPLOYMENT AGREEMENT BETWEEN THE CITY OF VERNON AND DANIEL E. CALLEROS Recommendation It is recommended that the City Council find that adoption of the Resolution proposed in this staff report is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. It is recommended that the City Council adopt a resolution approving the attached at -will employment agreement between the City of Vernon and Daniel E. Calleros and ordering that it be executed on behalf of the City. It is further recommended that the Interim City Clerk be instructed to administer the Oath of Office required by Article XX, Section 3 of the Constitution of the State of California to Mr. Calleros on or before December 18, 2012. Background As part of the City's overall reform activities, an Executive Recruiter, Mr. Norm Roberts, was chosen to assist the City in filling the position of Chief of Police by conducting an executive recruitment to find the most qualified candidate to fill the position. A broad outreach to potential candidates was conducted, resulting in numerous qualified applications being received. After reviewing dozens of applications and personally interviewing the top candidates, at a Special Meeting held on December 5, 2012, the City Council selected Daniel E. Calleros subject to approval of an At -Will Employment Agreement. Additionally, the Council appointed Interim City Clerk Dana Reed to negotiate said agreement between the City of Vernon and Mr. Calleros. Between December 5, 2012 and December 12, 2012, the Interim City Clerk met and conferred with Mr. Calleros to negotiate the terms of the agreement and agreed upon the terms contained in the attached document.