Loading...
Resolution No. 2015-004RESOLUTION NO. 2015-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING MARIA AYALA TO SERVE AS THE CITY CLERK OF THE CITY OF VERNON AND APPROVING AND AUTHORIZING THE EXECUTION OF A RELATED EMPLOYMENT AGREEMENT WHEREAS, the City Clerk position has been vacant since November 2013; and WHEREAS, On October 7, 2014, the City Council was informed that the recruitment process to fill the vacant City Clerk position would be commencing; 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 two highest ranking candidates at a special City Council meeting on January 8, 2015; and WHEREAS, the City Council of the City of Vernon has determined Maria Ayala ("Ayala") to be the most qualified candidate for the position and desires to appoint Ayala to serve as the City Clerk, effective February 9, 2015, 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 Maria Ayala to serve as the City Clerk of the City of Vernon, effective February 9, 2015. SECTION 4: The Mayor, or any authorized officer, shall administer the Oath of Office prescribed in the Constitution of the State of California to Ayala 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 Ayala, 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 Ayala. - 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 3rd day of February, 2015. ATTEST: Ana arci Deputy City Clerk l ! APPROVED AS TO FORM: r r Hem V Pa el, City Attorney 04. Name: W. Michael McCormick Title: Mayor / 44aye Dr-- - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) Ana Barcia I -`-T-•��/'_Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2015-04, 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, February 3, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this e day of February, 2015, at Vernon, California. (SEAL) An rci ^' y Deputy City Clerk - 4 - EXHIBIT A CITY OF VERNON 4305 Santa Fe Ave. Vernon, CA 90058 INVITES YOUR INTEREST IN THE POSITION OF CITY CLERK ,Y INDUSTRIAL THE COMMUNITY The City of 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 fist exclusively industrial city in the Southwestern United States, its residential population is 115. Vernon currently houses more than 1,800 businesses that employ approximately 50,000 people, serving as a vital economic engine for the region. Vernon offers an environment uniquely friendly to business and is home to many Fortune 500 companies in industries that include food and agri- culture, 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 recreation and education. 1ill i 'I., Over the years, Vernon's city government has grown into one of the most efficient and business friendly in the region. This is due to several factors including: • Vernon Offers an array of municipal services tailored to meet the needs of the business community. • Vernon is one of 61 cities in the United States with a Class 1 rated fire department and one of four cities in California with its own health department, specializing in industrial issues. • Low tax levels City -owned and operated utilities, offering low rates for water, elec- tricity, gas and fiber optics. Vernon is a finalist in the 2014 Los Angeles County Economic De- velopment Corporation's "Most Business Friendly City" award competition for cities with less than 50,000 residents; Vernon won the award in 2008. 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 full terms of office. The Mayor is selected by the Council. The City's total budget for FY 2014-15 is al- most $343 million (the General Fund budget is almost $53 million) with approximately 250 employees. Vernon continues on the path towards creating greater accountability and transparency with the goal to create a model government. In February 2012, former California State Attor- ney 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 trans- parency in government. 2. Make recommendations to improve and en- hance the City's existing practices, proce- dures and policies. 3. Review the City's governance reform measures and initiatives and recommend measures and initiatives in the best interest of the City. Key challenges and opportunities facing the City Clerk include: • Working collaboratively with the City's ex- ecutive team and elected and appointed offi- cials to further the City's efforts to become a model city. • Serving a new and expanded residential population. • Conducting general municipal elections an- nually and special elections as needed. THE POSITION The City Clerk's role is to plan, direct, supervise, and coordinate all activities of the City Clerk's Office, including those related to Council meetings, City elections, and public rec- ords in accordance with applicable laws, codes, policies, and procedures. The City Clerk is considered an important member of the team the City Council, City Administrator, Depart- ment Heads and staff - that has been assembled to suc- cessfully address and respond to the myriad of issues that Vernon faces on a daily basis. The City Clerk supports the relationship between the City of Vernon and the general public by demonstrating cour- teous and cooperative behavior when interacting with vis- itors and City staff; maintains and coordinates public ac- cessibility of City infor- mation. The City Clerk assures that security protocols are fol- lowed, and all reports and paperwork are completed in a timely manner; updates, corrects, retrieves, and releases information according to procedures; assures the absolute confidentiality of the City's confidential records and information; verifies that official City activities are in compliance with federal and state laws and regulations and City policies; works inde- pendently and makes appropriate decisions based on knowledge of City policies; performs duties within scope of authority. ESSENTIAL JOB FUNCTIONS This is not a comprehensive listing of all functions and duties performed by incumbents in the City Clerk classification: • Serve as Clerk to the City Council. • Coordinate the preparation of Council agendas and sup- porting material including public notification, technical and legal documents; attend agenda conference; publish, issue, and post final agenda. • Direct the preparation, publication, distribution, filing, in- dexing, and safekeeping of Council proceedings, minutes, and actions. • Plan and direct the processing of ordinances, resolutions, bond issues, annexations, vacations, assessments, charter amendments, initiatives, referendum, recall petitions, and other related documents. • Maintain the City Municipal Code; certify City documents; attest to proper execution of all public documents. • Serve as the custodian of the City Seal, official City rec- ords, and official municipal documents; plan and direct the City's records retention/preservation program in compli- ance with legal requirements and City policy. • Oversee the processing of all appointments, resignations, and terminations for all official boards, commissions, and committees; administer oaths and affirmations. • Plan and direct municipal elections including managing the dissemination, and return of ballots and the filing of all required technical documents; oversee and/or perform no- tary public duties. • Serve as filing officer and official for state and local cam- paign statements and conflict of interest codes of the City Council advisory bodies and all designated employees un- der the Political Reform Act. • Receive and process petitions, claims against the City, and lawsuits. • Analyze, review, and make recommendations regarding office procedures. 0 Prepare, administer, and control department budget. THE IDEAL CANDIDATE Skill in: The ideal candidate is someone who can properly prioritize his/her workload, follows through, and who is detailorient- ed, well organized, decisive and has a sense of urgency. He/ She should be a team player who is open and approachable; able to identify, select and motivate subordinate staff; and can handle ambiguity. Furthermore, he/she should be re- sponsive, in a timely manner, to requests from the Council, City Administrator and Department Heads. He/She must be politically astute,hardworking, energetic and confident, with a "can do" attitude. Finally, the City Clerk needs to be trustworthy, ethical and articulate, and have good people skills. Education Training and Experience: Bachelor's Degree in Public or Business Administration, or closely related field; AND five years of responsible experi- ence involving the administration of a City Clerk or similar municipality office including at least three years of supervi- sory experience. License and Certification Reauirements: A valid California State Driver's License is required. Notary Public license is required. Certified Municipal Clerk (CMC) Certificate is desirable. Knowledge of: Federal and state laws and statutes governing municipal op- erations, public records, and open meetings, including Cali- fornia Public Employment Relations Board, the Meyers- Milias-Brown Act, California Public Records Act, Califor- nia Elections Code, California Political Reform Act and the Federal Voter Rights Act. City ordinances, codes, policies, resolutions, and agree- ments. Federal and state laws and regulations governing City ad- ministration and elections. Parliamentary practices and procedures governing public meetings. Principles and practices of record keeping, confidential rec- ords management, and records retention. Explaining and applying state and federal rules and regula- tions and statutory standards. Researching, reviewing, correcting, and maintaining complex and extensive public records. Monitoring the City's compliance with all laws, regulations, and rules. Establishing and maintaining effective working relationships with the City Council, City Administrator, City Attorney, City departments and staff, regional government agencies, and the public. Communicating effectively verbally and in writing. Comuensation• The proposed monthly salary range for this position is $10,874 - $13,217. Salary placement depends upon qualifications. In addition, benefits are provided which include: vacation, holi- days, sick leave and administrative leave; medical, dental, vi- sion and life insurance aggregate allowance of $12,600 per year; pre-tax supplemental insurance plans offered through AFLAC, Colonial Life, and Mutual of Omaha; the option of participating in a Section 125 IRS Plan for reimbursement of dependent care and medical costs; retirement through the Cali- fornia Public Employees Retirement System (CalPERS), with a 2.7% at 55 formula for classic members (classic employees pay an 8% contribution) and a 2% at 62 retirement formula for new members (new employees pay at least 50% of normal costs); 457 deferred compensation plan available at employee cost (City does not contribute); the City does not participate in Social Security; credit union membership available. The City has a 4-10 work schedule. HOW TO APPLY To apply for this outstanding opportunity to work for a dy- namic, growing and progressive City, please visit our website at www.citvofvernon.or2 to apply online. The City of Vernon is an Equal Opportunity Employer. Filing Deadline: Thursday, November 13, 2014 If you have any questions, please do not hesitate to contact the Human Resources Department at (323)583-8811 ext. 166. EXHIBIT B AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND [Insert Employee Name] This Agreement is between the City of Vernon ("City') and Maria E. Ayala ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of City Clerk. Employee desires to be the City Clerk 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. Section 1: TERM The effective date of this Agreement shall be February 9, 2015. 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, upon 30 days written notice. 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 Clerk to perform the functions and duties specified in the job description for the position (Attachment "A", incorporated herein 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 Califomia 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 January 2015 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 $132,444, 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. Salary adjustments (merit 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 Administrators 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. Any and all adjustments shall be in accordance with City personnel policies and procedures. Employee's salary shall be reflected in the City's publicly available salary schedule. Section 5: 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 2.7% @ 55 benefit formula for "classic" miscellaneous employees or the 2.0% at 62 benefit formula for "need' miscellaneous employees. The Employee pays 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, Life Insurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation, and other types of leave in accordance with the Personnel and Policies and Procedures Manual. Section 6: 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. -2- January 2015 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 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 his/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 him/her or abuse of his 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 his/her office or position. F. Upon termination, Employee shall be paid for all earned, but unused, vacation time. Section 7: 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/her office or position. If Employee is provided funds for any legal criminal defense during his/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 his/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 his/her office or position. Section 8: 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 9: 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 -3- January 2015 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 10: 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: Maria E. Ayala 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 -4- January 2015 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 take effect on [insert date — should be the same as the initial date of the term]. [Signatures Begin on Next Page]. -5- January 2015 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. Dated: City of Vernon, a California charter City and California municipal corporation Mark C. Whitworth, City Administrator ATTEST: Ana Barcia, Deputy City Clerk Approved as to form: Hema Patel, City Attorney 6- January 2015 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/she was given the opportunity to consult with an attorney prior to signing this Agreement. Dated: 2 ?,015 Signed: 7- January 2015 ATTACHMENT A Job Description January 2015 Date Prepared: March 2014 SUMMARY: Under general coordinate all activities of the public records in accordance related work as required. JOB DESCRIPTION City Clerk Class Code: 1310 direction of the City Administrator, to plan, direct, supervise, and City Clerk's Office relating to Council meetings, City elections, and with applicable laws, codes, policies, and procedures, and to do ESSENTIAL FUNCTIONS: -- Essential functions, as defined underthe Amedcans 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 may be 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: • Serve as Clerk to the City Council. • Coordinate the preparation of Council agendas and supporting material including public notification, technical and legal documents; attend agenda conference; publish, issue, and post final agenda. • Direct the preparation, publication, distribution, filing, indexing, and safekeeping of Council proceedings, minutes, and actions. • Plan and direct the processing of ordinances, resolutions, bond issues, annexations, vacations, assessments, charter amendments, initiatives, referendum, recall petitions, and other related documents. • Maintain the City Municipal Code; certify City documents; attest to proper execution of all public documents. • Serve as the custodian of the City Seal, official City records, and official municipal documents; plan and direct the City's records retention/preservation program in compliance with legal requirements and City policy. • Oversee the processing of all appointments, resignations, and terminations for all official boards, commissions, and committees; administer oaths and affirmations. • Plan and direct municipal elections including managing the dissemination, and return of ballots and the filing of all required technical documents; oversee and/or perform notary public duties. • Serve as filing officer and official for state and local campaign statements and conflict of interest codes of the City Council advisory bodies and all designated employees under the Political Reform Act. • Receive and process petitions, claims against the City, and lawsuits. • Analyze, review, and make recommendations regarding office procedures,. • Prepare, administer, and control department budget. • Coordinate City Clerk activities with other City departments, divisions, and with outside agencies; • Verifies official City activities are in compliance with federal and state laws and regulations, and City policies; works independently and makes appropriate decisions based on knowledge of City policies; performs duties within scope of authority. • Assures the absolute confidentiality of City's confidential records and information. • Assures that security protocols are followed, and all reports and paperwork are completed in a timely manner; updates, corrects, retrieves, and releases information according to procedures. • 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: Bachelor's Degree in Public or Business Administration, or closely related field; AND five years of responsible experience involving the administration of a City Clerk or similar municipality office including at least three years of supervisory experience. Knowledge of: • City organization, operations, policies, and procedures. • Federal and state laws and statutes governing municipal operations, public records, and open meetings, including California Public Employment Relations Board, the Meyers-Milias-Brown Act, California Public Records Act, California Elections Code, California Political Reform Act and the Federal Voter Rights Act. • City ordinances, codes, policies, resolutions, and agreements. • Federal and state laws and regulations governing City administration and elections. • Parliamentary practices and procedures governing public meetings. • Principles and practices of record keeping, records management, and records retention. • Principles and practices of confidential records management, and security precautions in the public sector. • Legal, ethical and professional rules of conduct for public sector employees and elected officials. • Customer service principles, protocols, and methods. • Business computers, and standard and specialized software applications. Skill in: • Explaining and applying state and Federal rules and regulations and statutory standards. • Researching, reviewing, correcting, and maintaining complex and extensive public records. • Monitoring the City's compliance with all laws, regulations, and rules. • Assessing and prioritizing multiple tasks, projects and demands. • Dealing tactfully and courteously with those seeking information about City functions and activities. • Exercising sound, independent judgment within general policy guidelines. • Establishing and maintaining effective working relationships with the City Clerk and City Attorney, co-workers, City Council, Mayor, City Administrator, City departments and staff, regional government agencies, and the public. • Communicating effectively verbally and in writing. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver's License is required. Notary Public license. Certified Municipal Clerk (CMC) Certificate. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment. 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 1 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: Employee -9- January 2015 TRANSMITTAL COMMUNICATION i '`• OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 February 9, 2015 Maria Ayala Re: City Clerk - At -Will Employment Agreement Dear Ms. Ayala: Transmitted herewith is a copy of the original fully executed employment agreement, approved by City Council on February 3, 2015, through Resolution No. 2015-04. if you have any questions regarding this matter, please call Teresa McAllister at (323) 583-8811 ext. 239. Very tru, iJuarez Gz�Deborah R Records Management Assistant Enclosure c: Joaquin Leon Teresa McAllister Resolution No. 2015-04 Agreement File No. 15-006 Ea chtsi=5 Industrid FULLY EXECUTED AGREEMENT CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: CONTRACT PURPOSE: Employment Agreement CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) ❑ SERVICES ❑ MATERIALS &/BUDGETED ❑ NOT BUDGETED TOTAL CONTRACT VALUE: $ 132,444.00 Charge Aect. No(s) Amendment Value $ ❑ Contract is an Amendment to Contract No. if applicable) RESPONSIBLE DEPARTMENT PERSON: Teresa McAllister PHONE: ext. 239 AUTHORIZATION: V pproved by Council on 2/03/2015 (Check One) Resolution No. 2015-04 (if applicable) ❑ Approved by City Administrator on Note: Attach supporting documentation Amendment Approved by (if applicable) ROUTING SEQUENCE: (Please Follow In Order — Do not use N/A) Initials Date (1) Responsible Department Person Jq �/�Checks substance of contract and assembles two (2) copies of contract, insurance & bond documents, certifies compliance with Competitive Bidding and Purchasing Ordinance (2) Liability and Claims Z_ A ` ) Approves insurance and sureties, if bonds required /j �J (3) Finance (Purchasing) Is _. I Checks compliance with Competitive Bidding & Living Wage Ordinances and reflected in current budget (4) City Attorney ' C Approves contract as to form, verifies bonds and insurance included 2 s II 7 (5) City Signatory Signs all copies on behalf of City � • / (6) City Clerk Attests signatures, numbers, files contract, insurance and bonds, and transmits duplicate original to contractor, notifies IT to remove related RFP/bid notice, notifies any "consultant" of duties to file Form 700, if applicable Rev. 127/14 AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND [Insert Employee Name] This Agreement is between the City of Vernon ("City") and Maria E. Ayala ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of City Clerk. Employee desires to be the City Clerk 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 effective date of this Agreement shall be February 9, 2015. 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, upon 30 days written notice. 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 Clerk to perform the functions and duties specified in the job description for the position (Attachment "A", incorporated herein 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 January 2015 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. As compensation for the services to be rendered by Employee, City agrees to pay Employee a base starting salary of no less than $132,444, 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. Salary adjustments (merit 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. Any and all adjustments shall be in accordance with City personnel policies and procedures. Employee's salary shall be reflected in the City's publicly available salary schedule. Section 5: 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 2.7% @ 55 benefit formula for "classic" miscellaneous employees or the 2.0% at 62 benefit formula for "new" miscellaneous employees. The Employee pays 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, Life Insurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation, and other types of leave in accordance with the Personnel and Policies and Procedures Manual. Section 6: 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. -2- January 2015 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 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 his/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 him/her or abuse of his 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 his/her office or position. F. Upon termination, Employee shall be paid for all earned, but unused, vacation time. Section 7: 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/her office or position. If Employee is provided funds for any legal criminal defense during his/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 his/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 his/her office or position. Section 8: 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 9: 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 -3- January 2015 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 10: 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: Maria E. Ayala 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 -4- January 2015 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 take effect on [insert date — should be the same as the initial date of the term]. [Signatures Begin on Next Page]. -5- January 2015 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: &9z-l16-- By: C. Whitworth, City Administrator ATTEST: Ana Barcia, Dep ty ler _ "torney -6- January 2015 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/she was given the opportunity to consult with an attorney prior to signing this Agreement. Dated: IS Signed: Em loyee 7- January 2015 ATTACHMENT A Job Description January 2015 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: Employee 9- January 2015 STAFF REPORT STAFF REPORT CITY CLERK'S ME CITY ADMINISTRATION DATE: February 3, 2015 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 MARIA AYALA TO SERVE AS THE CITY CLERK 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 Maria Ayala to serve as the City Clerk of the City of Vernon effective February 9, 2015, and approving and authorizing the execution of an at -will employment agreement. Background On October 7, 2014, the City Council was informed that the recruitment process to fill the vacant City Clerk position would be commencing. The City Clerk position has been vacant since November 30, 2013, when the former Interim City Clerk resigned, and was authorized in the 2014-2015 fiscal year budget adopted by the Council to be filled on or after January 1, 2015. Analysis For the sake of efficiency and cost effectiveness, the Human Resources staff conducted the recruitment for the vacant City Clerk 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. I A broad outreach to potential candidates was conducted resulting in twenty-six (26) applications. Nine (9) applicants met the City's minimum qualifications for the position. Those applications were reviewed with Human Resources staff and applicants were invited to participate in a first - round interview conducted by an internal screening panel. One (1) candidate withdrew from the process prior to the interview. The interview panel consisted of the City Administrator, Deputy City Administrator, Deputy City Attorney, Director of Finance/City Treasurer, Director of Human Resources, and the Police Chief. The two (2) highest-ranking candidates were referred to the final interview selection with the City Council. The City Council conducted interviews with the two (2) highest-ranking candidates at a special City Council meeting held on January 8, 2015. After thorough consideration and deliberation, the City Council unanimously determined Maria Ayala to be the best -qualified candidate to meet the needs of the City and the City Clerk's Office. As such, the City Council directed the City Administrator to pursue the employment of Maria Ayala as the City Clerk for City of Vernon, subject to approval of an At -Will Employment Agreement. The At -Will Employment Agreement for City Clerk has been executed by Ms. Ayala 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 minor updates. (A request for City Council approval of the minor updates to the form at -will employment agreement is also on the February 3, 2015 agenda as a separate item.) The Agreement establishes an effective date of February 9, 2015, and a minimum starting salary of $132,444 per year, plus all benefits provided to executive personnel. As Clerk of the Board to the Orange County Sanitation District, Ms. Ayala is experienced in public sector agencies in the areas of federal and state laws and statutes governing municipal operations, public records, open meetings, including the Brown Act, California Public Records Act, California Political Reform Act, and Conflict of Interest Codes, Records Management and codes and ordinances. Ms. Ayala possesses a Masters in Public Administration, is a Certified Municipal Clerk (CMC), Certified Special Board, Secretary/Clerk (CSDA), and is currently working toward completion of her Certified Masters Municipal Clerk (CMMC) designation. Given Ms. Ayala's qualifications, work experience, and familiarity with the activities of a City Clerk's office, she is well suited to meet the needs of the City and assist with the furtherance of the City's good governance reforms. Ms. Ayala's professionalism and positive attitude will be a valuable addition to the Vernon team and the City Clerk's Office. Ms. Ayala will be in attendance at the February 3, 2015 City Council meeting and prepared to take the oath of office at that time. Fiscal Impact The approximate annual cost to fill the City Clerk position as proposed in this staff report is $158,900 (salary of $132,444, plus fringe benefits). The approximate cost for the remainder of this fiscal year is $66,200, and sufficient funds were included in the budget for FY 2014-2105. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING MARIA AYALA TO SERVE AS THE CITY CLERK OF THE CITY OF VERNON AND APPROVING AND AUTHORIZING THE EXECUTION OF A RELATED EMPLOYMENT AGREEMENT WHEREAS, the City Clerk position has been vacant since November 2013; and WHEREAS, On October 7, 2014, the City Council was informed that the recruitment process to fill the vacant City Clerk position would be commencing; 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 two highest ranking candidates at a special City Council meeting on January 8, 2015; and WHEREAS, the City Council of the City of Vernon has determined Maria Ayala ("Ayala") to be the most qualified candidate for the position and desires to appoint Ayala to serve as the City Clerk, effective February 9, 2015, 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 Maria Ayala to serve as the City Clerk of the City of Vernon, effective February 9, 2015. SECTION 4: The Mayor, or any authorized officer, shall administer the Oath of Office prescribed in the Constitution of the State of California to Ayala 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 Ayala, 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 Ayala. - 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 3rd day of February, 2015. ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: �+r HemapPakel, City Attorney Name: Title: Mayor / Mayor Pro-Tem - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, , City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , 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, February 3, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of February, 2015, at Vernon, California. (SEAL) City Clerk / Deputy City Clerk == EXHIBIT A Malffg TIE COMMUNITY THE ORGANIZATION y houses people, ess and is home e food and agri- hings. Vernon communities support for 7, k .Yy��, . 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 full terms of office. The Mayor is selected by the Council. The City's total budget for FY 2014-15 is al- most $343 million (the General Fund budget is almost $53 million) with approximately 250 employees. Vernon continues on the path towards creating greater accountability and transparency with the goal to create a model government. In February 2012, former California State Attor- ney 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 trans- parency in government. ¢er, the, years; Vernon's city.goyernment has grown into one of the 2. Make recommendations to improve and en- ost efficient ahil.business friendly in the region.This is due to several hance the City's existing practices, proce- ctors including: dures and policies. Vemori Offers an array, of municipal services tailored to meet the 3. Review the City's governance reform ne.04,6fthe business community. measures and initiatives and recommend Vopon is.ong of6h'cities in the, United 5tateswith a Class 1 rated measures and initiatives in the best interest Pi euarnnent and >one bf four cities in California with its own of the City. Iw tax levels •' VC uei col the ialist tin the 2 rporationIs Ir cities with: 008. «;e for water, elec- aty Economic De- y City" award :nts; Vernon won Key challenges and ounortunities facing the City Clerk include: Working collaboratively with the City's ex- ecutive team and elected and appointed offi- cials to further the City's efforts to become a model city. • Serving a new and expanded residential population. • Conducting general municipal elections an- nually and special elections as needed. THE POSITION The City Clerk's role,is:to plan, direct supervise, and �hr 04d4166e:all activities of the City Clerk's Office, inrluding,those related to Council meetings,,City' elections, and public'iec orris inaccordance'with appltca`ble laws, codes,'- polrOies,, and procedures. The Gity,Clerk is considered an important member;of.the teain,� the City C,o`uneil,.City,Administrator, Depart - merit Heads and'staff has been assembled to suc- cessfully address and respond tothe myriad of Issues that ietnon faces`.on a daily basis. TheµCity Clerk supports the relationship between the City of Vernon.and the:general public by demonstrating cour- teous,and,cooperative behavior when interacting with vis- itors and;Ciiy;"staff; maintains and coordinates public ac- oessibility, of City infor- mation. The City Clerk assures that security protocols are fol- lowed, and all reports and paperwork are completed in a timely, mariner; updates, cotrecfs, retrieves; and releases, information according to ptt3cedures; assures the ;absolute confidentiality of the City's Confidential r'ecotds and information; verifies;that offcial,City activities are in conipliailcewith federal; and state laws and regulations and City policies; works inde- petdently and,rnakes appropriate decisions based omknopvledge of City policies; pclrforms duties within scope of authority. ayy fi � �c4 ESSENTIAL JOB FUNCTIONS This.is not a Comprehensive listing of all functions and duties performed by ihcumbems,in the City Clerk classification: • Serve as Clerk to the City Council. • Coordinate the preparation of Council agendas and sup- porting material including public notification, technical and legal documents;; attend agenda conference; publish, issue, and post final agenda. • 'Direct the preparation, publication, distribution, filing, in- dexing,'and safekeeping of Council proceedings, minutes, and actions: • :Plan and direct the processing of ordinances, resolutions, bond issues, annexations, vacations, assessments, charter amendments, initiatives, referendum, recall petitions, and other related documents. • Maintain the City Municipal Code; certify City documents; attest to proper execution of all public documents. • Serve as the custodian of the City Seal, official City rec- ords and official municipal documents; plan and direct the City's records retention/preservation program in compli- ance with legal requirements and City policy. • ' Oversee the processing of all appointments, resignations, and terminations for all official boards, commissions, and committees; administer oaths and affirmations. • Plan and direct municipal elections including managing the dissemination, and return of ballots and the filing of all required technical documents; oversee and/or perform no- tary public duties. • ;Serve. as filing officer and official for state and local cam- paign statements and conflict of interest codes of the City Council advisory bodies and all designated employees un- der the Political Reform Act. • Receive and process petitions, claims against the City, and lawsuits.. • Analyze, review, and make recommendations regarding office procedures. Prepare, administer, and control department budget. THE IDEAL CANDIDATE skill in: Explaining and applyij� state and federal rules and regula- Tlie ideal candidate is someone ivho canproperly"prioritize }ions and statutorystandards. :hi'A workload, follows through, and Vvho is detail"orient- ed;, Well organjzed, decisive and has,a-sense of urgency; He/ "' Res"earthing; ;reviewing •correcting, and maintaining complex ;Sho should&�be a team player who is••open and approachable; and extensive public records. able to rdentify, selpet,and motivate subotdinate staff; and cmtt handle ambiguity,cFmth6jm&e, he/she should be re- °nitoring•tlie City's compliance with all laws, regulations, s onsive in a tunel .manner to ` , . u"" sts from the, Council,,and p � � y > reel � rules. , _. ... • Cats Administrator atid=Department Heads., He/She must"be " Establishing acid maintaining effective working relationships p011hca-1, astute, hardworking, energetic and confident, with the City'Council, City Administrator, City Attorney, City Willi a "can iia" attitude. Finally, the City Clerk' -needs ;to be de} artrnents and staff, regional government agencies, and the trustworthy, t tliica7 and articulate, and have good,people public, skfils. Communicating effectively verbally and in writing. EducahonTrainin¢"and.Exnerience: Compensation: Bachelor's Degree in`Public or Business Administration, or closely related field;'AND`five,years of responsible experi- The proposed monthly salary range for this position is $10,874 price mvolVing the ad`m` i aistratiori of,"a City Clerk>or similar w,217. Salary placement depends upon qualifications. In tttu ioigality ofrice jncluding at least three years of supervi- 'additiop,:benefits are provided which include: vacation, holi- soiy ezperiens e. days, Sick leave and. administrative leave; medical, dental, vi- Sion and life insurance aggregate allowance of $12,600 per Lieense and-Ceitification Rig iremenfs: : y re -tax supplemental insurance plans offered through ear; p. PP P Avalyd California State Drivers License is required. AFLAC, Colonial Life, and Mutual of Omaha; the option of Nofaiy Public'license -is required. participating in a Section 125 IRS Plan for reimbursement of Certified•Munick al Clerk (CMC) Certificate=is desirable. dependent care and medical costs; retirement through the Cali- fornia Public Employees Retirement System (CalPERS), with Knowledge of: ` a 2 7% at 55 formula for classic members (classic employees pay an 8% contribution) and a 2% at 62 retirement formula for Federal and.atate laws angStatutes govemingimunicipal op- new members (new employees pay at least 50% of normal era ,idbs, pnislic records, -and open meetings, including Cali- 6osts); 457 deferred compensation plan available at employee forilia Puhlic`Employment Relations Board; the Meyers=" cost (City does not contribute); the City does not participate in lylil`ias Join Act, California Public Recordss Act'Califor- Social Security; credit union membership available. The City nia Elections Cbde; California Political Reform Act and the has a 4-10 work schedule. Federal VoterRights Act. Ci"c ty ordiriances,odes, policies, resolutions,.and agree-' HOW TO APPLY rnentS. To apply for this outstanding opportunity to work for a dy- Federal and state laws and regulations governing City ad- namic, growing and progressive City, please visit our website ministration aud,elections, at www.citvofvernon.or¢ to apply online. The City of Vernon is an Equal Opportunity Employer. Parlliameritary practices and procedures governing public .meetings. Filing Deadline: Thursday, November 13, 2014 Principles and practices of record keeping, confidential rec- If you have any questions, please do not hesitate to contact the ords management, and records retention. Human Resources Department at (323)583-8811 ext. 166. EXHIBIT B AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND [Insert Employee Name] This Agreement is between the City of Vernon ("City") and Maria E. Ayala ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of City Clerk. Employee desires to be the City Clerk 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 effective date of this Agreement shall be February 9, 2015. 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, upon 30 days written notice. 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 Clerk to perform the functions and duties specified in the job description for the position (Attachment "A", incorporated herein 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 January 2015 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 $132,444, 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. Salary adjustments (merit 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. Any and all adjustments shall be in accordance with City personnel policies and procedures. Employee's salary shall be reflected in the City's publicly available salary schedule. Section 5: 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 2.7% @ 55 benefit formula for "classic" miscellaneous employees or the 2.0% at 62 benefit formula for "new" miscellaneous employees. The Employee pays 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, Life Insurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation, and other types of leave in accordance with the Personnel and Policies and Procedures Manual. Section 6: 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. -2- January 2015 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 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 his/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 him/her or abuse of his 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 his/her office or position. F. Upon termination, Employee shall be paid for all earned, but unused, vacation time. Section 7: 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/her office or position. If Employee is provided funds for any legal criminal defense during his/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 his/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 his/her office or position. Section 8: 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 9: 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 3- January 2015 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 10: 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: Maria E. Ayala 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 -4- January 2015 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 take effect on [insert date — should be the same as the initial date of the term]. [Signatures Begin on Next Page]. -5- January 2015 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. Dated: City of Vernon, a California charter City and California municipal corporation 0 Mark C. Whitworth, City Administrator ATTEST: Ana Barcia, Deputy City Clerk Approved as to form: Hema Patel, City Attorney 6- January 2015 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/she was given the opportunity to consult with an attorney prior to signing this Agreement. Dated: Z 7-015 Signed: 7- January 2015 ATTACHMENT A Job Description -$- January2015 Date Prepared: March 2014 SUMMARY: Under general coordinate all activities of the public records in accordance related work as required. JOB DESCRIPTION City Clerk Class Code: 1310 direction of the City Administrator, to plan, direct, supervise, and City Clerk's Office relating to Council meetings, City elections, and with applicable laws, codes, policies, and procedures, and to do ESSENTIAL FUNCTIONS: -- Essential functions, as defined underthe Americans with Disabilities Act, mayinclude 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 may be 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: • Serve as Clerk to the City Council. • Coordinate the preparation of Council agendas and supporting material including public notification, technical and legal documents; attend agenda conference; publish, issue, and post final agenda. • Direct the preparation, publication, distribution, filing, indexing, and safekeeping of Council proceedings, minutes, and actions. • Plan and direct the processing of ordinances, resolutions, bond issues, annexations, vacations, assessments, charter amendments, initiatives, referendum, recallpetitions,. and other related documents. • Maintain the City Municipal Code; certify City documents; attest to proper execution of all public documents. • Serve as the custodian of the City Seal, official City records, and official municipal documents; plan and direct the City's records retention/preservation program in compliance with legal requirements and City policy. • Oversee the processing of all appointments, resignations, and terminations for all official boards, commissions, and committees; administer oaths and affirmations. • Plan and direct municipal elections including managing the dissemination, and return of ballots and the filing of all required technical documents; oversee and/or perform notary public duties. • Serve as filing officer and official for state and local campaign statements and conflict of interest codes of the City Council advisory bodies and all designated employees under the Political Reform Act. • Receive and process petitions, claims against the City, and lawsuits. • Analyze, review, and make recommendations regarding office procedures,. • Prepare, administer, and control department budget. • Coordinate City Clerk activities with other City departments, divisions, and with outside agencies; • Verifies official City activities are in compliance with federal and state laws and regulations, and City policies; works independently and makes appropriate decisions based on knowledge of City policies; performs duties within scope of authority. Assures the absolute confidentiality of City's confidential records and information. Assures that security protocols are followed, and all reports and paperwork are completed in a timely manner; updates, corrects, retrieves, and releases information according to procedures. 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: Bachelor's Degree in Public or Business Administration, or closely related field; AND five years of responsible experience involving the administration of a City Clerk or similar municipality office including at least three years of supervisory experience. Knowledge of: • City organization, operations, policies, and procedures. • Federal and state laws and statutes governing municipal operations, public records, and open meetings, including California Public Employment Relations Board, the Meyers-Milias-Brown Act, California Public Records Act, California Elections Code, California Political Reform Act and the Federal Voter Rights Act. • City ordinances, codes, policies, resolutions, and agreements. • Federal and state laws and regulations governing City administration and elections. • Parliamentary practices and procedures governing public meetings. • Principles and practices of record keeping, records management, and records retention. • Principles and practices of confidential records management, and security precautions in the public sector. • Legal, ethical and professional rules of conduct for public sector employees and elected officials. • Customer service principles, protocols, and methods. • Business computers, and standard and specialized software applications. Skill in: • Explaining and applying state and Federal rules and regulations and statutory standards. • Researching, reviewing, correcting, and maintaining complex and extensive public records. • Monitoring the City's compliance with all laws, regulations, and rules. • Assessing and prioritizing multiple tasks, projects and demands. • Dealing tactfully and courteously with those seeking information about City functions and activities. • Exercising sound, independent judgment within general policy guidelines. • Establishing and maintaining effective working relationships with the City Clerk and City Attorney, co-workers, City Council, Mayor, City Administrator, City departments and staff, regional government agencies, and the public. • Communicating effectively verbally and in writing. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver's License is required. Notary Public license. Certified Municipal Clerk (CMC) Certificate. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment. 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: Employee -9- January 2015