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Resolution No. 2014-044RESOLUTION NO. 2014-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING HEMA P. PATEL TO SERVE AS THE CITY ATTORNEY OF THE CITY OF VERNON AND APPROVING AND AUTHORIZING THE EXECUTION OF A RELATED EMPLOYMENT AGREEMENT WHEREAS, the City Attorney position has been vacant since December 2013; and WHEREAS, on March 18, 2014, the City Council of the City of Vernon authorized the Director of Human Resources to conduct the recruitment process to fill the vacant City Attorney; and WHEREAS, the Human Resources Department created an executive recruitment brochure for the position (attached hereto as Exhibit A) and conducted a broad and extensive recruitment that included multiple screenings and interviews of numerous applicants; and WHEREAS, the City Council conducted final interviews of the four highest ranking candidates at a special City Council meeting on June 12, 2014; and WHEREAS, the City Council of the City of Vernon has determined Hema P. Patel ("Patel") to be the most qualified candidate for the position and desires to appoint Patel to serve as the City Attorney, effective July 21, 2014, subject to the execution of an At -Will Executive Employment Agreement, consistent with the form of Agreement adopted by the City Council for non -safety executives. 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 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 Hema P. Patel to serve as the City Attorney of the City of Vernon, effective July 21, 2014. SECTION 4: The Deputy City Clerk, or any authorized officer, shall administer the Oath of Office prescribed in the Constitution of the State of California to Patel and shall have her subscribe to it and file it with the Human Resources Department. SECTION 5: The City Administrator is authorized to enter into an At -Will Executive Employment Agreement with Patel, in substantially the same form as attached hereto as Exhibit B, and at the salary and benefit level approved by the City Council. SECTION 6: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to give a fully executed Agreement to Patel. - 2 - SECTION 7: The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 15th day of July, 2014. ATTEST: ama B is r^ty Deputy City Clerk APPROVED AS TO FORM: VH iebgeC. Whitmore Special Counsel to City - 3 - oll a Name: W. Michael.MCCormick Title: Mayor / STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I Ana Barcia;,Y F i Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2014-44, 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, July 15, 2014, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 11- day of July, 2014, at Vernon, California. (SEAL) n arcs Deputy City Clerk l - 4 - EXHIBIT A •. ® ,) r\ ._, �^';.. �,� •, �� ;�, "►, } � ,� a � 2' fir» *';''� �� �r.� ,� s � , THE ORGANIZATION 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. The City's total budget for FY 2013-14 is almost $337 million (the General Fund budget is almost $55 million) with approximately 250 employees. Vernon continues on the path towards creating greater accountability and transparancy with the goal to create a model government. In January 2012, former California State Attorney General John Van de Kamp was appointed as the Independent Reform Monitor to: 1. Report on Vernon's compliance with laws governing conflicts of interest and/ or transparency in government. 2. Make recommendations to improve and enhance the City's existing practices, procedures and policies. 3. Review the City's governance reform measures and initiatives and recommend measures and initiatives in the best interest of the City. ELY CHALLENGES AND 'PORTUNITIES :ey challenges and opportunities facing the ;ity Attorney include: . Ensuring the development and implementation of best municipal practices. • Working collaboratively with the City's executive team and elected officials to further the City's efforts to become a model city. • Overseeing and controlling costs related to outside counsel services. THE POSITION ESS JOBFUNCTIONS The City Attorney's role is to provide the City Council and City r " Administrator with the legal advice and legal documents necessary to ensure that policy objectives are achieved in a manner consistent with City, State, Federal and other applicable law. The City Attorney is considered to', be an extremely important member tl of the team the City CouncilCity Administrator, Department Heads and staff — that has been assembled to successfully address and respond to the myriad of issues that Vernon faces on a daily basis. The City Attorney is expected to develop a working knowledge of the legal issues related to the special and unique services that Vernon provides to the businesses and employees in the community and serve as a resource to help manage outside counsel retained to address those issues. The City Attorney will work closely with, and receive overall policy direction from, the City Council. The City Attorney functions as the legal advisor and legal counsel for the City Council, City Boards and Commissions, City Administrator and City Departments. Directly or through outside counsel, he/she represents the City in litigation. The City Attorney will provide legal advice regarding compliance with the law, including the Brown Act and Political Reform Act; prepare and/or approve contracts, ordinances and resolutions; and attend meetings of the City Council and other City Boards and Commissions. Under the general direction of the City Council, the City Attorney will oversee the work of outside counsel on matters related to the City of Vernon power generating and transmission facilities, public financing, personnel and labor relations, land use (e.g., the City has considerable land holdings in Kern County), and other specialized issues. The City A legislation ', municipal la impact upon • Confers with needed. • Attends City meetings as i • Appears before The City Attorney is responsible for planning, organizing and directing the activities of the Office, including supervision of staff, effective communication with other City Departments, and preparing and implementing a budget for legal services. The City Attorney is appointed by and serves at the pleasure of the City Cou He/She will receive policy direction from the City Council. This person super professional and clerical staff. Currently within the City Attorneys Office are Deputy City Attorneys and a Legal Secretary. The FY 2013-2014 budget foi Office of the City Attorney is approximately $1.17 million. In addition, the C enterprise departments allocate funds for needed outside counsel. re coY tnpliant with alllaws, :ies, and regulations. ' JO �0 at 0 Y ryr(s�d�lc @d'!K� �axrC Cra,Syr, iq r ] apfo S°eo ''i) oti 6'Yr gdli Gt' ,.I� �li'tq°710 1� bSiG� Y. S t i f�bYi{ti i �./.� a l 'rC,[ti'('•�l Ya G. 9 6'g`° l r� n1l l d., b v,.a{ u;v ra ,.r _'n; pA [Soi iGsl';fi: n IL C 33yt e Y,. �c �SSi. )i fvi r ,IV Fql.? A o u1[I i i(i'c`; ) t l rf 3n;1� 1 rn!.Tcf r i t •fj�f. i '.a.,pL ) c ✓'i},�[Ejl 1 it.:'11 Y� b� ii of ll {uYl". �i,. aoluF;ii'rvon[! .rfvv:,!or ' o7Wlalaot >)�• or�Pb�I r 4 ((i e1�; rlolliC 0 EXHIBIT B AT -WILL EMPLOYMENT AGREEMENT BETWEEN THE CITY OF VERNON AND HEMA P. PATEL THIS AGREEMENT is between the City of Vernon ("City") and Hema P. Patel ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of City Attorney. Employee desires to be the City Attorney and acknowledges that such employment is at -will. The City Council, 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 effective date of this Agreement shall be July 21, 2014. Either party may terminate this Agreement pursuant to the provisions set forth below. 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 Council. 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 City Attorney 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 Council, from time to time, and to perform such other legally permissible and proper duties and functions as the City Council shall, from time to time, assign. B. Employee agrees that to the best of her ability and experience that 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 Council, 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 her duties, she will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that 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 she has a question as to the confidentiality of information obtained in the course of her employment, she will contact the City Council. Section 3: CONFLICTS OF INTEREST Employee agrees to focus her professional time, ability and attention to City business during the term of this Agreement. Consequently, Employee agrees not to engage in other professional pursuits, preventing her from fulfilling her obligations under this Agreement. Employee will comply with all applicable conflict of interest laws and regulations. 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 $246,000 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 Council's based upon the City Council'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 Council, the City Council 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 Council. The City Council may conduct more frequent evaluations in their discretion. Based on these performance evaluations, the Employee may, at the discretion of the City Council, receive a salary adjustment (Merit increase) based on the Employee's performance, as evaluated by the City Council. 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 2.0% @ 62 benefit formula for miscellaneous employees. The employee pays 6.75% 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 Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental Insurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation. 2- Section 7: TERMINATION AND SEVERANCE PAY A. Employee is an at -will employee and serves at the will and pleasure of the City Council and may be terminated at any time, without cause, subject to the conditions of paragraphs B and C of this section. B. In the event that Employee is terminated by the City Council for reasons other than physical or mental incapacity, and other than those reasons noted in paragraph 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 her 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 her or abuse of her office or position or any felony or for 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 her office or position. F. At termination, Employee shall be paid for all earned, but unused, vacation time. 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 her office or position. If Employee is provided funds for any legal criminal defense during her 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 her 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 her office or position. Section 9: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided she is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of 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. 3- Section 10: DISABILITY If Employee is permanently disabled or otherwise unable to perform 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 7 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: TO CITY: City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Hema P. Patel 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 Mayor and approved as to form. C Assignment This Agreement is not assignable by either the City or Employee. -4- 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 Council. [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 Mayor, and executed by the Employee. Dated: 6- City of Vernon, a California charter City and California municipal corporation By: William McCormick, Mayor I� ��► i1 s ATTEST: Ana Bartia. Deputy City Clerk Appro es� as to form: Yim, I_lebert t9oldy Whitmore Z000/1000@J 6LL6LOOL L VLL6106OLL XVd NV99 OL VLOZ/60/LO In signing this Agreement, Employee understands and agrees that her employment status is that of an at -will employee and that 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 she was given the opportunity to consult with an attorney prior to signing this Agreement. l u Signed: Dated: �t a '1 Em oye 7• Z000/Z000ZI VLL6Lb664L OLL6L666LL XV9 HV99 OL PLOZ/60/LO ATTACHMENT A Job Description 8- JOB DESCRIPTION City Attorney Date Prepared: March 2014 Class Code: 1110 SUMMARY: Under policy direction, directs and administers the operations of the City Attorney's Office; acts as the legal representative for all elected and appointed officials and City departments; provides the City Council and City Administrator with the legal advice and legal documents necessary to ensure that policy and objectives are compliant with State, Local and Federal law. CLASS CHARACTERISTICS This single position class is appointed by and serves at the pleasure of the City Council. The City Attorney manages all City legal activities, including civil litigation, whether performed by in-house staff or outside counsel. The incumbent is responsible for personally handling sensitive and complex legal matters anc rendering advice and options to the City Council, Boards and Commissions, the City Administrator and others. ESSENTIAL FUNCTIONS: —Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class; employees maybe assigned duties which are not listed below; reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following: • Manages the City Attorney's Office through effective planning and fiscal management; provides leadership, direction and guidance in legal strategies and priorities. • Evaluates and analyzes issues, and recommends and implements solutions regarding the legal implications of all City operations. • Monitors and assures legal documents, activities and procedures are compliant with all laws, ordinances, policies, and regulations. • Provides legal counsel and services to City boards, commissions, the City Council and City departments. • Plans, organizes, administers, reviews and evaluates the activities of professional staff in managing the operation and legal services of the City Attorney's office; participates as a member of the City's executive team; assists the Council and staff to achieve their objectives. • Reviews the legal sufficiency of all documents in the City, including ordinances, resolutions, contracts and other legal documents as to form. • Directs the selection, supervision and work evaluation of department personnel; provides for staff training and professional development. • Monitors developments, including proposed legislation and court decisions related to municipal law and activities; and evaluates their impact upon City operations. • Confers with and/or supervises special counsel as needed. • Attends City Council and other commission meetings as required. • Coordinate City Attorney functions with other departments and outside agencies and organizations. • Appear before courts and administrative proceedings to represent the City's interest as required. • Develops a working knowledge of the specialized work performed by outside counsel on matters such as electrical power generation and transmission. • Ensures absolute confidentiality of work -related issues, and City information; assures compliance with the standards of the Public Records Act. City Attorney Vernon CA 1 of 2 Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work - related issues and City information; performs other duties as required or assigned. MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Juris Doctorate Degree from an accredited law school, and seven years of increasingly responsible professional experience in municipal or other government law, including trial experience and experience with utilities, land use, public financing, contracts, personnel and labor relations. Knowledge of: • City organization, operations, policies and procedures. • Thorough knowledge of California municipal and administrative law and procedures. • Applicable state and federal statutes, rules, codes and regulations. • Principles and methods of legal research and investigations. • Legal, ethical and professional rules of conduct for public sector employees • Judicial procedures and the rules of evidence; the pleading and practice of effective presentation of court cases. Skill in: • Interpreting and applying local, state and federal laws and constitutional provisions affecting municipal operations. • Presenting legal issues and analysis in a manner that can be understood and used by non -lawyers. • Communicating effectively, both orally and in writing. Assuring the City's compliance with all laws, regulations, and rules. Managing staff, delegating tasks and authority, and coaching to improve staff performance. • Assessing and prioritizing multiple tasks, projects and demands. Establishing and maintaining effective working relationships with other City employees, public officials, government agency representatives, and the public. • Defining issues, performing legal research, and analyzing problems. • Evaluating alternatives and making sound recommendations; present statements of fact, law and argument clearly and logically. • Exercising sound judgment within general policy guidelines and legal parameters. • Representing the City effectively in hearings, courts of law and in meetings with others. • Investigating, analyzing and resolving complex and sensitive issues and complaints. • Exercising controlled discretion and mediating difficult situations. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver's License is required. Active membership in the California State Bar Association. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment. City Attorney _ Vernon CA 2 of 2 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 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: Employee WE TRANSMITTAL COMMUNICATION OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 July 23, 2.014 Hema P. Patel, Esq. Re: City Attorney Employment Agreement Dear Ms. Patel: Please find attached one fully executed original agreement as referenced above, approved by City Council through Resolution No. 2014-44 on July 15, 2014. If you have any questions regarding this matter, please call Mark Whitworth at (323) 583-8811 ext. 398. Very truly yours, Deborah R. Juare Records Management Assistant c: Raquel Franco Teresa McAllister Karina Rueda Mark Whitworth Resolution No. 2014-44 Agreement File No. 14-061 Fxcfusivefy Industriat FULLY EXECUTED AGREEMENT AT -WILL EMPLOYMENT AGREEMENT BETWEEN THE CITY OF VERNON AND HEMA P. PATEL THIS AGREEMENT is between the City of Vernon ("City") and Hema P. Patel ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of City Attorney. Employee desires to be the City Attorney and acknowledges that such employment is at -will. The City Council, 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 effective date of this Agreement shall be July 21, 2014. Either party may terminate this Agreement pursuant to the provisions set forth below. 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 Council. 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 City Attorney 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 Council, from time to time, and to perform such other legally permissible and proper duties and functions as the City Council shall, from time to time, assign. B. Employee agrees that to the best of her ability and experience that 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 Council, 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 her duties, she will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that 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 she has a question as to the confidentiality of information obtained in the course of her employment, she will contact the City Council. Section 3: CONFLICTS OF INTEREST Employee agrees to focus her professional time, ability and attention to City business during the term of this Agreement. Consequently, Employee agrees not to engage in other professional pursuits, preventing her from fulfilling her obligations under this Agreement. Employee will comply with all applicable conflict of interest laws and regulations. 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 $246,000 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 Council's based upon the City Council'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 Council, the City Council 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 Council. The City Council may conduct more frequent evaluations in their discretion. Based on these performance evaluations, the Employee may, at the discretion of the City Council, receive a salary adjustment (Merit increase) based on the Employee's performance, as evaluated by the City Council. 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 2.0% @ 62 benefit formula for miscellaneous employees. The employee pays 6.75% 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 Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental Insurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation. -2- Section 7: TERMINATION AND SEVERANCE PAY A. Employee is an at -will employee and serves at the will and pleasure of the City Council and may be terminated at any time, without cause, subject to the conditions of paragraphs B and C of this section. B. In the event that Employee is terminated by the City Council for reasons other than physical or mental incapacity, and other than those reasons noted in paragraph 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 her 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 her or abuse of her office or position or any felony or for 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 her office or position. F. At termination, Employee shall be paid for all earned, but unused, vacation time. 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 her office or position. If Employee is provided funds for any legal criminal defense during her 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 her 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 her office or position. Section 9: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided she is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of 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. -3- Section 10: DISABILITY If Employee is permanently disabled or otherwise unable to perform 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 7 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: TO CITY: City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Hema P. Patel 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 Mayor and approved as to form. C Assignment This Agreement is not assignable by either the City or Employee. -4- 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 Council. [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 Mayor, and executed by the Employee. Dated: '&j •6- City of Vernon, a California charter City and California municipal corporation By: William McCormick, Mayor Rena V Patel ATTEST: Ana Garcia, y City lark Appro as to form: Yim, Llebert a Idy Whitmore Z000/L000VI OLL6LOO LL 1?LL6Lb66LL HV3 WV99:OL VIOZ/60/LO In signing this Agreement. Employee understands and agrees that her employment status is that of an at -will employee and that 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 she was given the opportunity to consult with an attorney prior to signing this Agreement. Signed: Dated: Em oye -7- Z000/Z000111 OLL6l V601L VLL6LV6PL1 XVJ MV99:0t UIOZ/60/LO ATTACHMENT A Job Description -8- 0 JOB DESCRIPTION City Attorney Date Prepared: March 2014 Class Code: 1110 SUMMARY: Under policy direction, directs and administers the operations of the City Attorney's Office; acts as the legal representative for all elected and appointed officials and City departments; provides the City Council and City Administrator with the legal advice and legal documents necessary to ensure that policy and objectives are compliant with State, Local and Federal law. CLASS CHARACTERISTICS This single position class is appointed by and serves at the pleasure of the City Council. The City Attorney manages all City legal activities, including civil litigation, whether performed by in-house staff or outside counsel. The incumbent is responsible for personally handling sensitive and complex legal matters anc rendering advice and options to the City Council, Boards and Commissions, the City Administrator and others. ESSENTIAL FUNCTIONS: --Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of ail functions and duties performed by incumbents of this class; employees maybe assigned duties which are not listed below; reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following. • Manages the City Attorney's Office through effective planning and fiscal management; provides leadership, direction and guidance in legal strategies and priorities. • Evaluates and analyzes issues, and recommends and implements solutions regarding the legal implications of all City operations. • Monitors and assures legal documents, activities and procedures are compliant with all laws, ordinances, policies, and regulations. • Provides legal counsel and services to City boards, commissions, the City Council and City departments. • Plans, organizes, administers, reviews and evaluates the activities of professional staff in managing the operation and legal services of the City Attorney's office; participates as a member of the City's executive team; assists the Council and staff to achieve their objectives. • Reviews the legal sufficiency of all documents in the City, including ordinances, resolutions, contracts and other legal documents as to form. • Directs the selection, supervision and work evaluation of department personnel; provides for staff training and professional development. • Monitors developments, including proposed legislation and court decisions related to municipal law and activities; and evaluates their impact upon City operations. • Confers with and/or supervises special counsel as needed. • Attends City Council and other commission meetings as required. • Coordinate City Attorney functions with other departments and outside agencies and organizations. • Appear before courts and administrative proceedings to represent the City's interest as required. • Develops a working knowledge of the specialized work performed by outside counsel on matters such as electrical power generation and transmission. • Ensures absolute confidentiality of work -related issues, and City information; assures compliance with the standards of the Public Records Act. City Attorney Vernon CA 1 of 2 Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work - related issues and City information; performs other duties as required or assigned. MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Juris Doctorate Degree from an accredited law school, and seven years of increasingly responsible professional experience in municipal or other government law, including trial experience and experience with utilities, land use; public financing, contracts, personnel and labor relations. Knowledge of: • City organization, operations, policies and procedures. • Thorough knowledge of California municipal and administrative law and procedures. • Applicable state and federal statutes, rules, codes and regulations. • Principles and methods of legal research and investigations. • Legal, ethical and professional rules of conduct for public sector employees • Judicial procedures and the rules of evidence; the pleading and practice of effective presentation of court cases. Skill in: • Interpreting and applying local, state and federal laws and constitutional provisions affecting municipal operations. • Presenting legal issues and analysis in a manner that can be understood and used by non -lawyers. • Communicating effectively, both orally and in writing. • Assuring the City's compliance with all laws, regulations, and rules. Managing staff, delegating tasks and authority, and coaching to improve staff performance. • Assessing and prioritizing multiple tasks, projects and demands. Establishing and maintaining effective working relationships with other City employees, public officials, government agency representatives, and the public. • Defining issues, performing legal research, and analyzing problems. • Evaluating alternatives and making sound recommendations; present statements of fact, law and argument clearly and logically. • Exercising sound judgment within general policy guidelines and legal parameters. • Representing the City effectively in hearings, courts of law and in meetings with others. • Investigating, analyzing and resolving complex and sensitive issues and complaints. • Exercising controlled discretion and mediating difficult situations. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver's License is required. Active membership in the California State Bar Association. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment. City Attorney Vernon CA 2 of 2 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 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: Employee 021 STAFF REPORT RECEIVED STAFF REPORT 'JUL 10 2014 CITY ADMINISTRATION DATE: July 15, 2014 TO: Honorable Mayor and City Council FROM: Mark C. Whitworth, City Administrator RE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING HEMA P. PATEL TO SERVE AS THE CITY ATTORNEY OF THE CITY OF VERNON AND APPROVING AND AUTHORIZING THE EXECUTION OF A RELATED EMPLOYMENT AGREEMENT Recommendations It is recommended that the City Council: 1) Find that the approval 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. 2) Adopt the attached resolution appointing Hema P. Patel to serve as the City Attorney of the City of Vernon effective July 21, 2014, and approving and authorizing the execution of an at -will employment. agreement. Background On March 18, 2014 the City Council of the City of Vernon authorized the Director of Human Resources to conduct the recruitment process to fill the vacant City Attorney position. The City Attorney position has been vacant since early December 2013, when the former City Attorney retired. Analysis For the sake of efficiency and cost effectiveness, the Director of Human Resources was authorized to conduct the recruitment for the vacant City Attorney position rather than utilizing an outside search firm. Said recruitment was conducted in accordance with HR Policy I-2, Requesting and Recruitment for Personnel and HR Policy I-3, Testing, Certification and Eligibility List. A broad outreach to potential candidates was conducted resulting in over forty-one (41) applications being received. Thirty-three (33) applicants met the City's minimum qualifications for the position. Those applications were reviewed with Human Resources staff and seven (7) candidates were invited to participate in an outside interview screening -panel. The outside interview panel consisted of subject matter experts from the City of Long Beach, City of Glendale and City of Anaheim, in addition to the City Administrator and Director of Human Resources. The four (4) highest-ranking candidates were referred to the final interview selection with the City Council. The City Council conducted interviews with the four highest-ranking candidates at a special City Council meeting held on June 12, 2014. After thorough consideration and deliberation, the City Council unanimously determined Hema P. Patel to be the best qualified candidate to meet the needs of the City and the City Attorney's Office. As such, the City Council directed the Human Resources Director to pursue the employment of Hema P. Patel as the City Attorney for City of Vernon, subject to approval of an At -Will Employment Agreement. The At -Will Employment Agreement for City Attorney has been executed by Ms. Patel and is attached hereto as Exhibit B of the resolution for City Council's approval. The Agreement is consistent with other City of Vernon executive employment contracts, with the exception of two modifications. The first modification relates to the term. Most of the existing executive employment contracts provide a three-year term. However, because the Agreement is for at -will employment and expressly sets forth the provisions for termination by the City or resignation by the employee, a specified term is unnecessary. As such, only the effective date is included in the Agreement with Ms. Patel. The second modification relates to the removal of the provision regarding exclusive employment. Exclusive employment provisions were used more regularly in the past, but are typically no longer part of City Attorney employment agreements. This section has been replaced with a "Conflict of Interest" provision in accordance with the Government Code, FPPC regulations and rules of professional conduct. The Agreement establishes a starting salary of $246,000 per year, plus all benefits provided to executive personnel. As a senior associate, Ms. Patel has experience both with private and public sector clients in the areas of transactional and litigation issues in municipal and environmental law, government investigations, and professional liability matters. She has accumulated broad experience in labor and employment, real estate, and regulatory and legislative issues at the state and federal level. Ms. Patel possesses strong analytical skills common to a litigator and transactional attorney, as well as the understanding of municipal issues that are important, especially to the City of Vernon. Of note, Ms. Patel represented the City of Vernon during during the State's efforts to dis- incorporate the City. During that time, she became intimately familiar with the City of Vernon's organization, operations, policies and procedures, and personnel. She has worked closely with the City of Vernon's executive team and elected officials to further Vernon's efforts to become a model of good governance. Ms. Patel also assisted the City with regard to several major state agency audits concerning the management and finances of the City and its Gas & Electric Department, as well as employment and contracting practices. Given Ms. Patel's qualifications, work experience, and familiarity with many of the City's recent issues and challenges, she is well suited to meet the legal needs of the City and assist with the furtherance of the City's good governance reforms. Ms. Patel's professionalism and positive attitude will be a valuable addition to the Vernon team and the City Attorney's Office. Fiscal Impact The approximate cost to approve the hiring of a City Attorney is $246,000, plus fringe benefits, and has been included in the budget for FY 2014-2105.