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Resolution No. 2016-002RESOLUTION NO. 2016-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AFFIRMING THE APPOINTMENT OF ARNOLD JESSE WILSON TO SERVE AS THE INTERIM CITY ADMINISTRATOR AND RATIFYING THE EXECUTION OF A RELATED AT -WILL EMPLOYMENT AGREEMENT WHEREAS, on December 28, 2015, Mark Whitworth retired as City Administrator of the City of Vernon; and WHEREAS, the City Council of the City of Vernon requested to fill the City Administrator vacancy on an Interim basis during the City's ongoing executive search for a permanent City Administrator; and WHEREAS, on January 7, 2016, at a special meeting, after a search process and interviews of top candidates, the City Council appointed Arnold Jesse Wilson ("Wilson") to serve as the Interim City Administrator of the City of Vernon effective January 11, 2016; and WHEREAS, the City and Wilson have executed a Temporary At - Will Employment Agreement (the "Agreement"), subject to the ratification by the City Council; and WHEREAS, the City Council of the City of Vernon desires to affirm the appointment and approve the Agreement and ratify the execution thereof. 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) review, because it is a general administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a "project" as defined by CEQA Guidelines Section 15378. Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment. SECTION 3: The City Council of the City of Vernon hereby affirms the appointment of Arnold Jesse Wilson to serve as the Interim City Administrator of the City of Vernon effective January 11, 2016. SECTION 4: The City Council of the City of Vernon hereby approves and ratifies the execution of the Temporary At -Will Employment Agreement with Wilson to serve as the Interim City Administrator of the City of Vernon, a copy which is attached hereto as Exhibit A. SECTION 5: 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 Wilson. SECTION 6: The City Clerk, or any authorized officer, shall administer the Oath of Office prescribed in the Constitution of the State of California to Wilson and shall have him subscribe to it and file it with the Human Resources Department. - 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 19th day of January, 2016. ATTEST: ,- aria Ayala City Clerk / APPROVED AS TO FORM: Name: W. Michael McCormick Title: Mayor Pre "'ems ssa, Deputy City Attorney - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E . Ayala City Clerk AczD y� ,of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2016-02, 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, January 19, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this ?—��day of January, 2016, at Vernon, California. (SEAL) Maria Ayala City Clerk / - 4 - EXHIBIT A AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND Arnold Jesse Wilson This Agreement is between the City of Vernon ("City") and Arnold Jesse Wilson ("Employee"). Recitals City desires to employ Employee as an at -will temporary employee in the position of Interim City Administrator. Employee desires to be the Interim City Administrator and acknowledges that such employment is at -will. City Council, pursuant to the authority granted by the City of Vernon Charter, agrees to hire Employee, as an at -will temporary employee, subject to the terms and conditions identified below. AGREEMENT Section 1: TERM The effective date of this Agreement shall be Monday. January 11, 2016. 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 four (4) business days written notice. Employee may resign with four (4) business days advance notice as set forth in Section 8 below. Section 2: DUTIES A. City engages Employee as the Interim City Administrator 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 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 his ability and experience that he will at all times conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations of the State of California and the United States. C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the City 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 his duties, he will obtain information from City employees and third parties that is of a confidential nature. December 2015 Employee agrees that he will not disclose such confidential information other than to officers and employees of the City who have been authorized to have access to such information. Employee further agrees that if he has a question as to the confidentiality of information obtained in the course of his employment, he will contact the City Attorney for advice. Section 3: EXCLUSIVE EMPLOYMENT Employee agrees to focus his professional time, ability and attention to City business during the term of this Agreement. Consequently, Employee agrees not to engage in any other business pursuits, whatsoever, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, for compensation, without the prior written consent of the City Council. This does not preclude Employee from volunteering his services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by Employee under this Agreement. Section 4: COMPENSATION As compensation for the services to be rendered by Employee, City agrees to pay Employee a base starting salary of no less than $_141.0750_, per hour, payable in biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. 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. This is a temporary employee position that is not eligible for any employee benefits. Section 6: TERMINATION 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 Section 1. . Section 7: EXECUTIVE COMPENSATION LIMITATIONS If Employee is on paid leave salary during a pending investigation, any salary provided for that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. If Employee is provided funds for any legal criminal defense during his employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position. Section 8: RESIGNATION Employee may resign at any time. Employee agrees to provide four (4) business days advance written notice of the effective date of his resignation. -2- December 2015 Section 9: 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 Council and City Attorney City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: B Entire Agreement The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications understanding or agreements between the parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the Mayor and approved as to form by the City Attorney. C Assignment This Agreement is not assignable by either the City or Employee. D Severability In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement. E. Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. F. Jurisdiction Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County. G. Effective Date -3- December 2015 This Agreement shall take effect on Monday, January 11, 2016. [Signatures Begin on Next Page]. December 2015 IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed on its behalf by its City Council, and executed by the Employee. City of Vemon, a California charter City and California municipal corporation Dated: /i'ok ego LG By: . Michael McCormick, Mayor ST: Maria E. Ayala, CitjXIerk App7e gfo He a Pat I, City Attorney -5- December 2015 In signing this Agreement, Employee understands and agrees that his employment status is that of a temporary at -will employee and that his rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Vernon which might otherwise apply to employees of the City. Employee further acknowledges that he was given the opportunity to consult with an attorney prior to signing this Agreement. t Dated: Emp o ee -6- December 2015 SdAl�j •rayr� Xr` Job Description Date Prepared: March 2014 Class Code: 1010 A: SUMMARY: Under administrative direction of the City Council, serves as the Chief Staff Advisor for the City of Vernon; responsible for leading, planning, directing, and evaluating the City's operations, programs, priorities, projects, and policies; leads efforts to maximize the efficiency of City services and assures all operational activities comply with City policies, procedures, and goals. 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 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: • Serves as the principal advisor to the City Council; exercises independent judgment within broad policy guidelines; evaluates City issues, and develops reports to effectively communicate plans and City Council actions required to meet City needs; assures the efficient delivery of high quality public services. • Exercises independent judgment within broad policy guidelines; evaluates operational issues, and recommends solutions to improve the City's operations; works independently and makes appropriate decisions based on knowledge of City Council goals. • Meets regularly with staff to discuss and resolve assignments, priorities, workload, staffing, budgets, technical issues, quality standards, and services; motivates and evaluates staff, and provides leadership, direction, and guidance in operational plans and priorities; assures all operational activities are in compliance with City policies and procedures, and state and federal regulations. • Implements policies and plans to meet City Council goals and directives; interprets concerns, defines desired results, develops solutions, determines scope and priorities of projects, and communicates status of projects and organizational issues. • Monitors City operations, analyzes operational information, evaluates trends, and develops plans to meet goals and future needs; assigns resources required to meet organizational issues and City Council goals; reviews and monitors status reports, and directs appropriate actions; prepares and presents status reports to City Council, and assures effective communication of operational issues. December 2015 • Directs, leads, and motivates City staff, and evaluates performance; encourages interactive dialogue throughout the organization, and effectively addresses personnel issues in order to promote a productive and healthy work environment. • Directs development of City budget, approves expenditures, manages contracts and agreements. • Meets with City committees, commissions, and residents to discuss and resolve issues; coordinates projects and regional issues with local officials, agencies, community organizations, and advocates. • Manages public information and community relations activities; represents the City's interests to key stakeholder groups, advocates, regional agencies, organizations, boards, and commissions. • 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 Finance, Business, Public Administration or related field; AND seven years of experience managing government operations. Knowledge of: • City organization, operations, policies, and procedures. • Federal, State and City laws, rules, regulations, and ordinances governing municipalities. • Duties, powers, authorities, and limitations of a City Administrator. • Principles and practices of local government administrative management, including personnel rules, procurement, finance, budgeting, contract and risk management, performance management, and evaluation of public sector programs, policies, and operations. • Strategic planning techniques for the economic, financial, and environmental needs of the City. • Legal, ethical, and professional rules of conduct for municipal government officers. • Current political and economic trends in state and federal government. • Techniques and methods for long-range strategic and financial planning. • Techniques and practices for efficient and cost effective management of resources. • Business computers, and standard and specialized software applications. Skill in: • Assuming executive -level responsibilities, projecting consequences of proposed actions, and making appropriate decisions, while assuring compliance with City goals and objectives. • Analyzing complex administrative and operational issues, interpreting laws and regulations, evaluating alternatives, and developing recommendations, strategies, and operational improvements. -s- December 2015 • Analyzing City needs, and prioritizing and promoting operational strategies to meet future needs. • Preparing and administering the City budget. • Interpreting and applying municipal policies and procedures. • Presenting and defending operational reports and information in public meetings. • Analyzing problems, resolving disputes and conflicts, and developing effective solutions. • Using initiative and independent judgment within established procedural guidelines. • Assessing and prioritizing multiple tasks, projects and demands. • Managing staff, delegating tasks and authority, and coaching to improve staff performance. • Establishing and maintaining cooperative working relationships with City employees, elected officials, community groups, advocates, and representatives from other local, state, and federal agencies. • Communicating effectively verbally and in writing. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver's License may be required. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment. -9- December 2015 TRANSMITTAL COMMUNICATION .emu of 'Ug zitp� t n OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 January 21, 2016 A.J. Wilson Re: At -Will Employment Agreement — Interim City Administrator Dear Mr. Wilson: Transmitted herewith is a copy of the original fully executed employment agreement, ratified by City Council on January 19, 2016. If you have any questions regarding this matter, please call Lisette Grizzelle at (323) 583-8811 ext. 166. Very truly yours, Deborah R. Juare Records Management Assistant Enclosure c: Joaquin Leon Lisette Grizzelle Resolution No. 2016-02 Agreement File No. 16-004 Excfusivefy Industrial FULLY EXECUTED AGREEMENT CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: Arnold Jesse Wilson CONTRACT PURPOSE: At -Will Employment Agreement for Interim City Administrator CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) ❑ SERVICES ❑ MATERIALS 9 BUDGETED ❑ NOT BUDGETED TOTAL CONTRACT VALUE: $141.0750 /hour (Interim Assignment) Charge Acct. No(s) 011.1002.501010 Amendment Value $ ❑ Contract is an Amendment to Contract No. RESPONSIBLE DEPARTMENT PERSON: Lisette Grizzelle AUTHORIZATION: ❑ Approved by Council on (Check One) Resolution No. (if applicable) ❑ Approved by City Administrator on Note: Attach supporting documentation ❑Amendment Approved by (if applicable) PHONE: ext. 166 (if applicable) ROUTING SEQUENCE: (Please Follow In Order — Do not use N/A) Initials (1) Responsible Department Person Checks substance of contract and assembles two (2) copies of Cl contract, insurance & bond documents, certifies compliance with Competitive Bidding and Purchasing Ordinance (2) Liability and Claims Approves insurance and sureties, if bonds required (3) Finance (Purchasing) Checks compliance with Competitive Bidding & Living Wage Ordinances and reflected in current budget (4) City Attorney Approves contract as to form, verifies bonds and insurance included (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 Date I Rev. 1 /27/ 14 AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND Arnold Jesse Wilson This Agreement is between the City of Vernon ("City") and Arnold Jesse Wilson ("Employee"). Recitals City desires to employ Employee as an at -will temporary employee in the position of Interim City Administrator. Employee desires to be the Interim City Administrator and acknowledges that such employment is at -will. City Council, pursuant to the authority granted by the City of Vernon Charter, agrees to hire Employee, as an at -will temporary employee, subject to the terms and conditions identified below. AGREEMENT Section 1: TERM The effective date of this Agreement shall be Monday, January 11, 2016. 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 four (4) business days written notice. Employee may resign with four (4) business days advance notice as set forth in Section 8 below. Section 2: DUTIES A. City engages Employee as the Interim City Administrator 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 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 his ability and experience that he will at all times conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations of the State of California and the United States. C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the City 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 his duties, he will obtain information from City employees and third parties that is of a confidential nature. December 2015 Employee agrees that he will not disclose such confidential information other than to officers and employees of the City who have been authorized to have access to such information. Employee further agrees that if he has a question as to the confidentiality of information obtained in the course of his employment, he will contact the City Attorney for advice. Section 3: EXCLUSIVE EMPLOYMENT Employee agrees to focus his professional time, ability and attention to City business during the term of this Agreement. Consequently, Employee agrees not to engage in any other business pursuits, whatsoever, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, for compensation, without the prior written consent of the City Council. This does not preclude Employee from volunteering his services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by Employee under this Agreement. Section 4: COMPENSATION As compensation for the services to be rendered by Employee, City agrees to pay Employee a base starting salary of no less than $_141.0750_, per hour, payable in biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. 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. This is a temporary employee position that is not eligible for any employee benefits. Section 6: TERMINATION 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 Section 1. . Section 7: EXECUTIVE COMPENSATION LIMITATIONS If Employee is on paid leave salary during a pending investigation, any salary provided for that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. If Employee is provided funds for any legal criminal defense during his employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position. Section 8: RESIGNATION Employee may resign at any time. Employee agrees to provide four (4) business days advance written notice of the effective date of his resignation. -2- December 2015 Section 9: 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 Council and City Attorney City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Arnold Jesse Wilson 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 by the City Attorney. C Assignment This Agreement is not assignable by either the City or Employee. D Severability In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement. E. Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. F. Jurisdiction Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County. G. Effective Date -3- December 2015 This Agreement shall take effect on Monday, January 11, 2016. [Signatures Begin on Next Page]. -4- December 2015 IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed on its behalf by its City Council, and executed by the Employee. City of Vernon, a California charter City and California municipal corporation Dated: 090 J(4 By: . Michael McCormick, Mayor ST: Maria E. Ayala, Cit)a.'Jerk Appr e t fo He a Pat I, City Attorney -5- December 2015 In signing this Agreement, Employee understands and agrees that his employment status is that of a temporary at -will employee and that his rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Vernon which might otherwise apply to employees of the City. Employee further acknowledges that he was given the opportunity to consult with an attorney prior to signing this Agreement. Sign J Dated: Emp o ee -6- December 2015 4D WWWW- ATTACHMENT A Job Description Date Prepared: March 2014 Class Code: 1010 A. SUMMARY: Under administrative direction of the City Council, serves as the Chief Staff Advisor for the City of Vernon; responsible for leading, planning, directing, and evaluating the City's operations, programs, priorities, projects, and policies; leads efforts to maximize the efficiency of City services and assures all operational activities comply with City policies, procedures, and goals. 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 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: • Serves as the principal advisor to the City Council; exercises independent judgment within broad policy guidelines; evaluates City issues, and develops reports to effectively communicate plans and City Council actions required to meet City needs; assures the efficient delivery of high quality public services. • Exercises independent judgment within broad policy guidelines; evaluates operational issues, and recommends solutions to improve the City's operations; works independently and makes appropriate decisions based on knowledge of City Council goals. • Meets regularly with staff to discuss and resolve assignments, priorities, workload, staffing, budgets, technical issues, quality standards, and services; motivates and evaluates staff, and provides leadership, direction, and guidance in operational plans and priorities; assures all operational activities are in compliance with City policies and procedures, and state and federal regulations. • Implements policies and plans to meet City Council goals and directives; interprets concerns, defines desired results, develops solutions, determines scope and priorities of projects, and communicates status of projects and organizational issues. • Monitors City operations, analyzes operational information, evaluates trends, and develops plans to meet goals and future needs; assigns resources required to meet organizational issues and City Council goals; reviews and monitors status reports, and directs appropriate actions; prepares and presents status reports to City Council, and assures effective communication of operational issues. -7- December 2015 • Directs, leads, and motivates City staff, and evaluates performance; encourages interactive dialogue throughout the organization, and effectively addresses personnel issues in order to promote a productive and healthy work environment. • Directs development of City budget, approves expenditures, manages contracts and agreements. • Meets with City committees, commissions, and residents to discuss and resolve issues; coordinates projects and regional issues with local officials, agencies, community organizations, and advocates. • Manages public information and community relations activities; represents the City's interests to key stakeholder groups, advocates, regional agencies, organizations, boards, and commissions. • 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 Finance, Business, Public Administration or related field; AND seven years of experience managing government operations. Knowledge of: • City organization, operations, policies, and procedures. • Federal, State and City laws, rules, regulations, and ordinances governing municipalities. • Duties, powers, authorities, and limitations of a City Administrator. • Principles and practices of local government administrative management, including personnel rules, procurement, finance, budgeting, contract and risk management, performance management, and evaluation of public sector programs, policies, and operations. • Strategic planning techniques for the economic, financial, and environmental needs of the City. • Legal, ethical, and professional rules of conduct for municipal government officers. • Current political and economic trends in state and federal government. • Techniques and methods for long-range strategic and financial planning. • Techniques and practices for efficient and cost effective management of resources. • Business computers, and standard and specialized software applications. Skill in: Assuming executive -level responsibilities, projecting consequences of proposed actions, and making appropriate decisions, while assuring compliance with City goals and objectives. Analyzing complex administrative and operational issues, interpreting laws and regulations, evaluating alternatives, and developing recommendations, strategies, and operational improvements. -8- December 2015 • Analyzing City needs, and prioritizing and promoting operational strategies to meet future needs. • Preparing and administering the City budget. • Interpreting and applying municipal policies and procedures. • Presenting and defending operational reports and information in public meetings. • Analyzing problems, resolving disputes and conflicts, and developing effective solutions. • Using initiative and independent judgment within established procedural guidelines. • Assessing and prioritizing multiple tasks, projects and demands. • Managing staff, delegating tasks and authority, and coaching to improve staff performance. • Establishing and maintaining cooperative working relationships with City employees, elected officials, community groups, advocates, and representatives from other local, state, and federal agencies. • Communicating effectively verbally and in writing. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver's License may be required. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment. -9- December 2015 CERTIFICATIONS STATE OF CALIFORNIA I ) ss COUNTY OF LOS ANGELES > 1. Maria E. Ayala. City Clerk of the City of Vernon, do hereby certify that pursuant to City of Vernon Municipal Code. Section 2.6-6(g) and all other applicable ordinances, Arnold J. Wilson, Interim City Administrator, has the authority to carry out, on behalf of the Vernon City Council, its decisions and to sign official documents on behalf of the City relating to City business and operations. Date: January 14, 2016 Signed: Mf RIA E. A LA, CITY CLERK STAFF REPORT ��- ©oq RECEIVED RECEIVED JAN 13 2016 JAN 14 2016 CITY ADMINISTRATION CITY CLERK'S OFFICE STAFF REPORT KE HUMAN RESOURCES DEPARTMENT DATE: January 19, 2016 TO: Honorable Mayor and City Council FROM: Lisette M. Grizzelle, Interim Director of Human Resource RE: Affirmation of the Appointment of Interim City Administrator and Ratification of the Execution of a Related Temporary At -Will Employment Agreement Recommendation It is recommended that the City Council: A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act (CEQA) review, because it is a general administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a "project" as defined by CEQA Guidelines Section 15378. Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Adopt the attached resolution affirming the appointment of Arnold Jesse Wilson to serve as the Interim City Administrator of the City of Vernon effective January 11, 2016, and ratifying the execution of a related temporary at -will employment agreement. Background As a result of the City Administrator vacancy effective December 28, 2015, the City Council requested to fill the City Administrator vacancy on an Interim basis during the City's ongoing executive search for a permanent City Administrator. The League of California Cities was contacted as an outreach communication resource to let experienced prospective candidates know of the City of Vernon Interim City Administrator opportunity. Five candidates submitted resumes prior to the interview date of Tuesday, January 5, 2016, and four candidates were interviewed. One of the candidates was not available to interview and had limited availability for the month of January. During the Special City Council meeting held on Thursday, January 7, 2016, the City Council appointed Arnold Jesse Wilson ("A.J." Wilson") to serve as Interim City Administrator effective January 11, 2016. Mr. Wilson is a public administration consultant with more than 40-years of public management experience. Mr. Wilson was a former Deputy Mayor in St. Louis, Missouri and City Manager in the cities of Pomona, Santa Ana, Kansas City, Portland (Maine), and Interim City Manager in Norco. Mr. Wilson is president of Wilson Communications, LLC, a management services consulting firm. A temporary at -will employment agreement between the City of Vernon and Mr. Wilson has been prepared by the City Attorney's Office, and has been executed by both parties. The temporary agreement is slightly different than the standard executive at -will employment agreement in the following respects: (1) because it is an agreement for a temporary Interim City Administrator employment assignment, it does not include benefits or leave accruals; (2) the agreement asks for four (4) business days advance written notice of a resignation as opposed to the standard 30 day notice requirement and (3) there is no severance pay provision. Fiscal Impact All costs associated with the aforementioned interim appointment are being absorbed by the existing City Administrator department budget. Attachment(s) None RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AFFIRMING THE APPOINTMENT OF ARNOLD JESSE WILSON TO SERVE AS THE INTERIM CITY ADMINISTRATOR AND RATIFYING THE EXECUTION OF A RELATED AT -WILL EMPLOYMENT AGREEMENT WHEREAS, on December 28, 2015, Mark Whitworth retired as City Administrator of the City of Vernon; and WHEREAS, the City Council of the City of Vernon requested to fill the City Administrator vacancy on an Interim basis during the City's ongoing executive search for a permanent City Administrator; and WHEREAS, on January 7, 2016, at a special meeting, after a search process and interviews of top candidates, the City Council appointed Arnold Jesse Wilson ("Wilson") to serve as the Interim City Administrator of the City of Vernon effective January 11, 2016; and WHEREAS, the City and Wilson have executed a Temporary At - Will Employment Agreement (the "Agreement"), subject to the ratification by the City Council; and WHEREAS, the City Council of the City of Vernon desires to affirm the appointment and approve the Agreement and ratify the execution thereof. 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) review, because it is a general administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a "project" as defined by CEQA Guidelines Section 15378. Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment. SECTION 3: The City Council of the City of Vernon hereby affirms the appointment of Arnold Jesse Wilson to serve as the Interim City Administrator of the City of Vernon effective January 11, 2016. SECTION 4: The City Council of the City of Vernon hereby approves and ratifies the execution of the Temporary At -Will Employment Agreement with Wilson to serve as the Interim City Administrator of the City of Vernon, a copy which is attached hereto as Exhibit A. SECTION 5: 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 Wilson. SECTION 6: The City Clerk, or any authorized officer, shall administer the Oath of Office prescribed in the Constitution of the State of California to Wilson and shall have him subscribe to it and file it with the Human Resources Department. - 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 19th day of January, 2016. ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Name: Title: Mayor / Mayor Pro-Tem Zayn#1 N1, Moussa, Deputy City Attorney - 3 - STATE OF CALIFORNIA COUNTY OF LOS ANGELES I, ss 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, January 19, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of January, 2016, at Vernon, California. (SEAL) City Clerk / Deputy City Clerk - 4 - EXHIBIT A AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND Arnold Jesse Wilson This Agreement is between the City of Vernon ("City") and Arnold Jesse Wilson ("Employee"). Recitals City desires to employ Employee as an at -will temporary employee in the position of Interim City Administrator. Employee desires to be the Interim City Administrator and acknowledges that such employment is at -will. City Council, pursuant to the authority granted by the City of Vernon Charter, agrees to hire Employee, as an at -will temporary employee, subject to the terms and conditions identified below. AGREEMENT Section 1: TERM The effective date of this Agreement shall be Monday, January 11, 2016. 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 four (4) business days written notice. Employee may resign with four (4) business days advance notice as set forth in Section 8 below. Section 2: DUTIES A. City engages Employee as the Interim City Administrator 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 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 his ability and experience that he will at all times conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations of the State of California and the United States. C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the City 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 his duties, he will obtain information from City employees and third parties that is of a confidential nature. December 2015 Employee agrees that he will not disclose such confidential information other than to officers and employees of the City who have been authorized to have access to such information. Employee further agrees that if he has a question as to the confidentiality of information obtained in the course of his employment, he will contact the City Attorney for advice. Section 3: EXCLUSIVE EMPLOYMENT Employee agrees to focus his professional time, ability and attention to City business during the term of this Agreement. Consequently, Employee agrees not to engage in any other business pursuits, whatsoever, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, for compensation, without the prior written consent of the City Council. This does not preclude Employee from volunteering his services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by Employee under this Agreement. Section 4: COMPENSATION As compensation for the services to be rendered by Employee, City agrees to pay Employee a base starting salary of no less than $_141.0750_, per hour, payable in biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. 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. This is a temporary employee position that is not eligible for any employee benefits. Section 6: TERMINATION 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 Section 1. . Section 7: EXECUTIVE COMPENSATION LIMITATIONS If Employee is on paid leave salary during a pending investigation, any salary provided for that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. If Employee is provided funds for any legal criminal defense during his employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position. Section 8: RESIGNATION Employee may resign at any time. Employee agrees to provide four (4) business days advance written notice of the effective date of his resignation. -2- December 2015 Section 9: 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 Council and City Attorney City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: B Entire Agreement The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications understanding or agreements between the parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the Mayor and approved as to form by the City Attorney. C Assignment This Agreement is not assignable by either the City or Employee. D Severability In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement. E. Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. F. Jurisdiction Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County. G. Effective Date -3- December 2015 This Agreement shall take effect on Monday, January 11, 2016. [Signatures Begin on Next Page]. -4- December 2015 IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed on its behalf by its City Council, and executed by the Employee. City of Vernon, a California charter City and California municipal corporation Dated: /i'Took d9* L, By_ . Michael McCormick, Mayor ST: Maria E. Ayala, Cit Jerk Appr�p a tq fo : f' 1 He a Pat I, City Attorney -5- December 2015 In signing this Agreement, Employee understands and agrees that his employment status is that of a temporary at -will employee and that his rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Vernon which might otherwise apply to employees of the City. Employee further acknowledges that he was given the opportunity to consult with an attorney prior to signing this Agreement. Signed: 1 Dated: %- --. Emplo ee -6- December 2015 Job Description Date Prepared: March 2014 Class Code: 1010 A: SUMMARY: Under administrative direction of the City Council, serves as the Chief Staff Advisor for the City of Vernon; responsible for leading, planning, directing, and evaluating the City's operations, programs, priorities, projects, and policies; leads efforts to maximize the efficiency of City services and assures all operational activities comply with City policies, procedures, and goals. 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 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: • Serves as the principal advisor to the City Council; exercises independent judgment within broad policy guidelines; evaluates City issues, and develops reports to effectively communicate plans and City Council actions required to meet City needs; assures the efficient delivery of high quality public services. • Exercises independent judgment within broad policy guidelines; evaluates operational issues, and recommends solutions to improve the City's operations; works independently and makes appropriate decisions based on knowledge of City Council goals. • Meets regularly with staff to discuss and resolve assignments, priorities, workload, staffing, budgets, technical issues, quality standards, and services; motivates and evaluates staff, and provides leadership, direction, and guidance in operational plans and priorities; assures all operational activities are in compliance with City policies and procedures, and state and federal regulations. • Implements policies and plans to meet City Council goals and directives; interprets concerns, defines desired results, develops solutions, determines scope and priorities of projects, and communicates status of projects and organizational issues. • Monitors City operations, analyzes operational information, evaluates trends, and develops plans to meet goals and future needs; assigns resources required to meet organizational issues and City Council goals; reviews and monitors status reports, and directs appropriate actions; prepares and presents status reports to City Council, and assures effective communication of operational issues. -7- December 2015 • Directs, leads, and motivates City staff, and evaluates performance; encourages interactive dialogue throughout the organization, and effectively addresses personnel issues in order to promote a productive and healthy work environment. • Directs development of City budget, approves expenditures, manages contracts and agreements. • Meets with City committees, commissions, and residents to discuss and resolve issues; coordinates projects and regional issues with local officials, agencies, community organizations, and advocates. • Manages public information and community relations activities; represents the City's interests to key stakeholder groups, advocates, regional agencies, organizations, boards, and commissions. • 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 Finance, Business, Public Administration or related field; AND seven years of experience managing government operations. Knowledge of: • City organization, operations, policies, and procedures. • Federal, State and City laws, rules, regulations, and ordinances governing municipalities. • Duties, powers, authorities, and limitations of a City Administrator. • Principles and practices of local government administrative management, including personnel rules, procurement, finance, budgeting, contract and risk management, performance management, and evaluation of public sector programs, policies, and operations. • Strategic planning techniques for the economic, financial, and environmental needs of the City. • Legal, ethical, and professional rules of conduct for municipal government officers. • Current political and economic trends in state and federal government. • Techniques and methods for long-range strategic and financial planning. • Techniques and practices for efficient and cost effective management of resources. • Business computers, and standard and specialized software applications. Skill in: • Assuming executive -level responsibilities, projecting consequences of proposed actions, and making appropriate decisions, while assuring compliance with City goals and objectives. • Analyzing complex administrative and operational issues, interpreting laws and regulations, evaluating alternatives, and developing recommendations, strategies, and operational improvements. -8- December 2015 • Analyzing City needs, and prioritizing and promoting operational strategies to meet future needs. • Preparing and administering the City budget. • Interpreting and applying municipal policies and procedures. • Presenting and defending operational reports and information in public meetings. • Analyzing problems, resolving disputes and conflicts, and developing effective solutions. • Using initiative and independent judgment within established procedural guidelines. • Assessing and prioritizing multiple tasks, projects and demands. • Managing staff, delegating tasks and authority, and coaching to improve staff performance. • Establishing and maintaining cooperative working relationships with City employees, elected officials, community groups, advocates, and representatives from other local, state, and federal agencies. • Communicating effectively verbally and in writing. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver's License may be required. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment. -9- December 2015