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Resolution No. 2016-018RESOLUTION NO. 2016-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING ISAAC GARIBAY TO SERVE AS THE DIRECTOR OF HUMAN RESOURCES OF THE CITY OF VERNON AND APPROVING AND AUTHORIZING THE EXECUTION OF A RELATED AT -WILL EMPLOYMENT AGREEMENT WHEREAS, following the announcement of the October 30, 2015, retirement of the former Director of Human Resources, the City Council of the City of Vernon authorized the City Administrator to conduct the recruitment process to fill the anticipated vacancy; and WHEREAS, the City retained the services of The Hawkins Company (`Hawkins") to conduct a recruitment for the position of Human Resources Director for the City of Vernon; and WHEREAS, the Hawkins 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 three highest ranking candidates at a regular City Council meeting on April 5, 2016; and WHEREAS, the City Council of the City of Vernon determined Isaac Garibay ("Garibay") to be the most qualified candidate and directed the City Administrator to pursue the employment of Garibay as the Director of Human Resources of the City of Vernon, subject to approval of an At -Will Employment Agreement (the "Agreement") and successful completion of the pre -employment process; and WHEREAS, the City Council of the City of Vernon desires to appoint Garibay to serve as the Director of Human Resources, effective May 3, 2016. 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 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. SECTION 3: The City Council of the City of Vernon hereby appoints Isaac Garibay to serve as the Director of Human Resources of the City of Vernon, effective May 3, 2016. SECTION 4: The City Council of the City of Vernon hereby approves and authorizes the execution of the At -Will Employment Agreement with Garibay to serve as Director of Human Resources of the City of Vernon, a copy which is attached hereto as Exhibit B. SECTION 5: The City Clerk, or any authorized officer, shall administer the Oath of Office prescribed in the Constitution of the State of California to Garibay and shall have him subscribe to it and file it with the Human Resources Department. 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 - 2 - executed Agreement to Garibay. 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 April, 2016. ATTEST: —�] e Maria 16. Ayala City Clerk / y y Name: William J. Davis Title: Mayor / T APPROVED AS TO FORM: Zay(iyhhfbussa, Deputy City Attorney - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E . Ayala City Clerk the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2016-18, 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, April 19, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this ;?—_r�day of April, 2016, at Vernon, California. (SEAL) - 4 - M ria Ayala City Clerk / EXHIBIT A HUMAN RESOURCES DIRECTOR The City of Vernon is an industrial city of 5.2 square miles located several miles to the southeast of Downtown Los Angeles in Southern California. Vernon currently houses more than 1,800 businesses that employ approximately 55,000 people, serving as a vital economic engine in the region. Offering an environment uniquely friendly to business, Vernon is the home to industries including food and agriculture, apparel, steel, plastics, logistics and home furnishings. Vernon maintains strong philanthropic ties with the neighboring communities where much of its workforce lives, providing significant financial support for public services like health care, education, youth development, and recreation. Over the past five years, Vernon has made tremendous improvements to its governance structure through the implementation of more than 15o good governance reforms recommended and supported by Senate Pro Tern Kevin de Leon, the city's Independent Reform Monitor and former State Attorney General John Van de Kamp, and the Vernon City Council. Many of the reforms focused on increasing openness, transparency, and accountability in the city's governance policies and practices, growing the city's electorate, enhancing workers' rights and improving labor relations, and being a good neighbor to surrounding communities. Through it all, Vernon has maintained its focus on providing a favorable environment for business and remains an ideal location for industry. Over the years, Vernon has made substantial infrastructure investments within the city to successfully attract and retain business. Vernon is one of only 62 cities in the United States and only 13 cities in California with a Class 1-rated fire department, and one of only four cities in California with its own health department, which specializes in industrial issues. The city maintains very competitive rates for water, electricity, gas and fiber optics as a result of Vernon's independent utilities. In 2008, Vernon was named Los Angeles County's "Most Business Friendly City" for cities with less than 5o,000 residents by the L.A. County Economic Development Corporation (LAEDC), and has been a finalist for the same in 2014 and 2015. Although Vernon still has a modest residential population, that population recently doubled in size with the addition of Vernon Village Park, a new, privately owned and operated, 45-unit apartment complex that opened its doors to new residents in Summer 2o15. The City is proud to be a significant employer to the region and to have played a significant role in effectuating the live/work opportunity that Vernon Village Park provides. With so much of its daytime population still residing in surrounding communities, Vernon remains committed to being a good neighbor, helping residents throughout the area thrive. The establishment of the Vernon CommUNITY Fund, which provides program and capital project grants to nonprofit organizations serving communities in and around Vernon through a seven -member grant committee, is a clear example of that commitment. To date, the Vernon CommUNITY Fund has awarded nearly $1,000,000 in grants to 22 community based nonprofit organizations. Over the last five years, Vernon has made a remarkable transformation into a model city for good governance. Equally, or even more impressively, after more than 110 years, Vernon remains true to its industrial roots as a focal point for commerce and an economic engine for the surrounding region. CITY GOVERNMENT Vernon was incorporated in 1905 and became a charter city in 1988. The City is governed by a five -member city council elected to five year terms on a staggered annual basis. The City recently voted to limit council members to two five-year terms. The Council elects from its membership a Mayor and a Mayor Pro-Tem, who serve one year terms. The Council appoints the City Administrator and City Attorney. The City Administrator is responsible for the day to day management of the city. The City of Vernon is a full -service city and employs approximately 250 individuals with a current annual budget of just over $340 million. For more information on the City of Vernon, visit www. cityofvernon.org THE DEPARTMENT In line with the citywide good governance reform efforts of the past five years, the City of Vernon's Human Resources Depart- ment has seen the most dramatic improvements. Over the past several years, under trained and experienced leadership, a new Human Resources Department has been established to better provide timely, responsive services to departments and employ- ees, ensure fairness and equity in personnel matters, and sup- port organizational efforts to be an "employer of choice." The goal of the Human Resources Department is to provide central- ized and "best in class" human resources services to support the City's mission of delivering quality services to the businesses and residents of Vernon. The Human Resources Department is currently staffed by four full-time positions, consisting of a Se- nior Human Resources Analyst, an Administrative Secretary, a Human Resources Analyst, and a Human Resources Assistant. THE POSITION The Human Resources Director is appointed by the City Coun- cil and reports to the City Administrator. The position is re- sponsible for leading the City's human resources functions, programs and staff. As a member of the City's senior leader- ship team, the Human Resources Director is a key advisor to the Mayor and Council, City Administrator and department direc- tors on human resources matters and has primary responsibil- ity for ensuring that the City is resourced to effectively meet current and future workforce demands. Working collaboratively with all departments, the Human Resources Director recom- mends and implements strategies and programs to meet a vari- ety of city-wide needs. Specific Duties Include: Plans, organizes and directs the functions of the Department through its staff, including classification and compensation, recruitment and selection, organizational and workforce development, employment services, employee/labor relations, and risk management. • Aligns the human resources functions with the specific needs of the departments in support of the City's mission. Assists staff in the development and implementation of goals, objectives, policies and priorities for each assigned human resources area; assists in establishing appropriate service and staffing levels for the department; allocate resources accordingly. • Prepares and administers the Department's annual budget. Coordinates departmental activities with other departments, outside agencies and organizations. • Serves as advisor to the City Administrator, City Council, and Department Heads on personnel rules, regulations, policies, federal and state mandates, and employee relations matters. • Provides leadership and direction for all labor relations activities including contract negotiations. Makes determinations and decisions on the most difficult issues, or in situations having a significant impact upon Human Resources programs or in the relationships with the City Council, other City departments, or employees. Ensures compliance with City policies, contracts and ordinances, as well as Federal, State and local laws and regulations. • Reviews and makes recommendations regarding proposed legislation affecting personnel, benefits, and workers' compensation matters. • Directs research of new theories, best practices and/or trends in human resources administration that will enhance the performance and productivity of the department. • Keeps abreast of current principles and practices of effective human resources management including automation and technology, labor relations, benefits, and employee development. Attends various City Council, staff and community meetings as required. Participates on internal and external committees, boards, and task forces, as appropriate. • Performs other duties as needed and/or assigned. KEY PRIORITIES Lead/assist in the planning, preparation and completion of contract negotiations with the City's collective bargaining groups in the Spring of 2o16. • Analyze, update, and implement safety and compliance standards that incorporate risk management best practices for full service cities. In anticipation of approximately 32% of the workforce becoming eligible for retirement in the next 3-5 years, establish a city-wide employee development and succession plan that includes formal and informal training opportunities, and enhancing the City's college volunteer internship program. Continue the enhancement of the City's Human Resources Department functions including HR staff development and cross training and the adoption of city-wide customer service standards of consistency and performance excellence. THE IDEAL CANDIDATE The ideal candidate will possess: • A strong HR generalist background including experience in benefits, labor relations, employee development, and employment; Hands-on, able to perform and direct the various HR functions; • Track record of demonstrated leadership accomplishments and superior performance; • Excellent leadership Skills, professional judgment and decision -making ability; • Knowledge of municipal personnel best practices, laws and regulations; • Ability to build a team of committed and highly skilled employees; • Exceptional interpersonal and communications skills (verbal and written); • Flexible, open, approachable leadership style; sense of urgency; • Team player who is firm and fair, while being flexible and collaborative; • Ability to disagree and still '= maintain positive working relationships; • Strong problem solving skills and a record of successfully implementing organizational change; Political astuteness/awareness; • Ability to see the big picture; • Results oriented and strong customer service focus; • "Hands-on," practical approach with a willingness to be visible and interact with employees at all levels; • Strong integrity, honesty, confidentiality and demonstrated ability to effectively manage sensitive situations. MINIMUM QUALIFICATIONS A Bachelor's Degree in human resources, business administration, or related field is required. Master's Degree preferred. • 5 years of professional Human Resources management experience, preferably in the public sector. COMPENSATION The City offers an excellent compensation package. The salary is open depending on qualifications. The hiring range is $148,212 to $180,156. City benefits include: 4/10 work schedule (Monday - Thursday, 7:0o am- 5:30 pm); 12 days paid vacation; 13 holidays; 8 days administrative leave time; medical, dental, vision and life insurance aggregate allowance of $13,440 per year; pre-tax supplemental insurance plans offered through AFLAC, Colonial Life, and Mutual of Omaha; optional Section 125 IRS Plan for reimbursement of Dependant Care and Medical costs; Ca1PERS 2.7% @ 55 for classic members (8% employee contribution) or 2% @ 62 for new members (6.75% employee contribution); 457 de- ferred compensation plan, no city match; and tuition reimburse- ment up to $2,200 per fiscal year. SELECTION PROCESS The Human Resources Director recruitment is being conduct- ed on a regional basis. All written materials received will be screened and evaluated by The Hawkins Company. The most highly qualified candidates will be invited to participate in an on -site selection process. HOW TO APPLY To be considered for this opportunity, please submit your re- sume and cover letter with current salary information electroni- cally to dir.hr@thehawkinscompany.com, Attention William'D. Hawkins. Resumes received by January 8, 2016 will receive first consideration. The position is open until filled. Materi- als should reflect size and scope of management experience including staffs managed, budgets administered, programs directed, and significant human resourcesaccomplishments. Preference is for an electronic submission. However, materials may be mailed to: The Hawkins Company 8939 S. Sepulveda Blvd, Suite 110-216 Los Angeles, CA 90045 o • • • „ v www.thehawkinscompany.com Confidential inquires are encouraged and should be directed to Bill Hawkins, 213-308-0945, bill@thehawkinscompany.com, Ms. Brett Byers, 323-403-8279. brett@thehawkinscompanycom or Daphne Le Blanc, 818-399-5787, daphne@thehawkinscompany. com. • Ability to respond to issues quickly and make sound decisions and recommendations; The City of Vernon is an Equal Opportunity Employer EXHIBIT B AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND Isaac Garibay This Agreement is between the City of Vernon ("City") and Isaac Garibay ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of Director of Human Resources. Employee desires to be the Director of Human Resources 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 May 3, 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 thirty (30) days written notice. Employee may resign with thirty (30) days advance notice as set forth in Section 8 below. Section 2: DUTIES A. City engages Employee as the Director of Human Resources 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 ability and experience that he will at all times conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations of the State of California and the United States. C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the City Administrator, and devote whatever time is necessary to fulfill the employment responsibilities and duties as identified in this Agreement. D. During the term of this Agreement, Employee is required to have and maintain a valid California Driver's license. E. Employee acknowledges that in connection with the performance of his duties, he will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that he will not disclose such confidential information other than to officers and employees of the City who have been authorized to have access to such information. April 2016 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 Administrator. This does not preclude Employee from volunteering his services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by Employee under this Agreement. Section 4: COMPENSATION As compensation for the services to be rendered by Employee, City agrees to pay Employee a base starting salary of no less than $148,212, 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. 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 D, below, the City agrees to pay the employee a severance amount equal to six (6) months of base salary. -2- April 2016 C. To be eligible for severance pay, as identified in paragraph B, of this section, Employee shall fulfill all of his obligations under this Agreement and shall sign a severance agreement and release of all claims against the City. All severance payments shall be paid within three (3) months of the date Employee executes a severance agreement and release of claims against the City. Such severance payments shall be made in biweekly installments. D. Notwithstanding paragraphs A, B and C, above, if Employee resigns or retires, or is terminated due to insubordination, incapacity, dereliction of duty, addiction to a controlled substance or alcohol, violation of the Alcohol and Drug -Free Workplace Policy, conviction of a crime involving moral turpitude or involving personal gain to him 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 office or position. E. 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 office or position. If Employee is provided funds for any legal criminal defense during his employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position. If this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. Section 8: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided he is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of his resignation or retirement. In the event Employee retires or resigns, Employee shall be entitled to payment for earned, but unused, vacation time, but not to severance pay as delineated in Section 6, paragraph B, above. Section 9: DISABILITY If Employee is permanently disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement; however, the City's option to terminate under this Section shall be limited by its obligation to engage in the interactive process for reasonable accommodations and to provide reasonable accommodations as required by law. Nothing in this Section shall be construed to limit or restrict Employee's benefits or rights under workers' compensation or the Public Employees Retirement System ("PERS"). -3- April 2016 However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 6 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: Isaac Garibav B. Entire Agreement The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications understanding or agreements between the parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the City Administrator and approved as to form by the City Attorney. C. Assignment This Agreement is not assignable by either the City or Employee. D. Severability In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement. E. Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. -4- April 2016 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 May 3, 2016. [Signatures Begin on Next Page]. -5- April 2016 IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed on its behalf by its City Administrator, and executed by the Employee. Dated: City of Vernon, a California charter City and California municipal corporation By: Carlos R. Fandino, Jr., City Administrator ATTEST: Maria E. Ayala, City Clerk Approved as to form: Hema Patel, City Attorney -6- April 2016 In signing this Agreement, Employee understands and agrees that his employment status is that of an at -will employee and that his rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Vernon which might otherwise apply to employees of the City. Employee further acknowledges that he was given the opportunity to consult with an attorney prior to signing this Agreement. Dated: Signed: Employee -7- April 2016 ATTACHMENT A Job Description -8- April 2016 JOB DESCRIPTION Director of Human Resources Date Prepared: March 2014 Class Code: 1410 SUMMARY: Under limited supervision, plans, coordinates and directs the operations and activities of the City of Vernon's Human Resources Department; provides advice and counsel to staff and management in the resolution of HR issues, develops and administers policies and procedures, and manages assigned personnel, and assures that Human Resources activities are in compliance with state and federal regulations, and City policies. 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: • Manages the Human Resources Department through effective planning and fiscal management; provides leadership, direction and guidance in human resources strategies and priorities; evaluates and analyzes issues, and recommends and implements solutions; monitors and assures human resources activities and procedures are in compliance with all laws, policies, and regulations. • Directs all HR functions and activities including recruitment and staffing, classification and compensation, employee benefits, organizational development, safety, training, employee/labor relations, workers compensation and regulatory compliance. • Provides advice and consultation to management and employees on dispute resolution, performance issues, and the interpretation and correct application of policies and procedures; mediates employee relations issues and assists with disciplinary actions, while exercising the highest degree of confidentiality and professionalism. • Counsels City staff on personnel policies, procedures and processes; interprets and provides advice and assistance regarding employment issues; assures the consistent interpretation and application of Federal, state and City rules, regulations, policies and procedures. • Manages HR staff, prioritizes projects, evaluates performance, and resolves workload and technical issues; assures that appropriate services are provided. • Provides leadership and direction for all labor relations activities including contract negotiations/ • Represents the HR functions to other City departments, elected officials and ancillary agencies; provides recommendations and solutions as needed. • Monitors changes in proposed legislation and makes recommendations affecting personnel, benefits, and workers' compensation matters. • Directs research of new theories, best practices and/or trends in human resources administration that will enhance the performance and productivity of the department. • Keeps abreast of current principles and practices of effective human resources management including automation and technology, labor relations, benefits, and employee development. • Directs the technical recordkeeping process and procedures; assures the absolute confidentiality of work - related issues, personnel records and City information; assures compliance with the confidentiality standards of the Privacy Act of 1974, • 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. Director of Human Resources Vernon CA 1 of 2 MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Bachelor's Degree in Human Resources, Business Administration, or related field; AND five year of professional Human Resources program management experience preferably in the public sector operations. Master's Degree in Human Resources or Business Administration is desirable. Knowledge of: • City organization, operations, policies and procedures. • State and Federal laws, statutes, rules, codes and regulations governing HR functions, including California Public Employment Relations Board standards and the Meyers-M i I ias- Brown Act. • Principles and practices of public sector personnel administration, personnel files and confidential records management, and effective customer service practices. • Techniques and practices for efficient and cost effective management of resources. • Legal, ethical and professional rules of conduct for public sector employees. • Principles, practices and methods of compensation and wage structure research and analysis. • Benefits program design and management principles. • Employee relations principles and practices. • Principles of recruiting, training, workplace safety and organizational development. Skill in: • Directing and coordinating the City's human resources operations. • Assuring the City's compliance with all laws, regulations, and rules. • Developing and administering human resources plans, policies, and procedures. • Managing staff, delegating tasks and authority, and coaching to improve staff performance. • Assessing and prioritizing multiple tasks, projects and demands. • Assessing, analyzing, and identifying problems, and recommending effective solutions. • Preparing, maintaining, and reviewing human resource records, reports, and documentation. • Operating a personal computer utilizing standard and specialized software. • Establishing and maintaining effective working relationships with other City employees, public officials, government agency representatives, and the public. • Effective verbal and written communication. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver's License is required. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment. Director of Human Resources Vernon CA 2 of 2 TRANSMITTAL COMMiJNICATION 91, 1. of f i, 7 OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 May 16, 2016 Isaac Gariba Re: At -Will Employment Agreement — Director of Human Resources Dear Mr. Garibay: Transmitted herewith is an original fully executed employment agreement, approved by City Council on April 19, 2016. If you have any questions regarding this matter, please call Carlos Fandino at (323) 583-8811 ext. 570. Very truly yours, Deborah R. Juarez, Records Management Assist6t Enclosure c: Carlos Fandino Joaquin Leon Resolution No. 2016-18 Agreement File No. 16-044 Exclusively Industrial FULLY EXECUTED AGREEMENT CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: Isaac Garibay CONTRACT PURPOSE: At -Will Employment Agreement for Director of Human Resources CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) ❑ SERVICES ❑ MATERIALS 49 BUDGETED ❑ NOT BUDGETED TOTAL CONTRACT VALUE: $ 148,212 per year Charge Acct. No(s) 011.1026.501010 Amendment Value $ ❑ Contract is an Amendment to Contract No. (if applicable) RESPONSIBLE DEPARTMENT PERSON: Lilia Hernandez PHONE: Ext. 266 AUTHORIZATION: iff Approved by Council on 04/19/2016 (Check One) Resolution No. 2016-18 (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 Checks substance of contract and assembles two (2) copies of contract, insurance & bond documents, certifies compliance with Competitive Bidding and Purchasing Ordinance S (2) Liability and Claims l Approves insurance and sureties, if bonds required r 1 (3) Finance (Purchasing) r / J J 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 � 6 q�/� Signs all copies on behalf of City 11 b (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.. t /27/ l4 AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND Isaac Garibay This Agreement is between the City of Vernon ("City") and Isaac Garibay ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of Director of Human Resources. Employee desires to be the Director of Human Resources 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 May 3, 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 thirty (30) days written notice. Employee may resign with thirty (30) days advance notice as set forth in Section 8 below. Section 2: DUTIES A. City engages Employee as the Director of Human Resources 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 ability and experience& that he will at all times conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations of the State of California and the United States. C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the City Administrator, and devote whatever time is necessary to fulfill the employment responsibilities and duties as identified in this Agreement. D. During the term of this Agreement, Employee is required to have and maintain a valid California Driver's license. E. Employee acknowledges that in connection with the performance of his duties, he will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that he will not disclose such confidential information other than to officers and employees of the City who have been authorized to have access to such information. April 2016 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 Administrator. This does not preclude Employee from volunteering his services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by Employee under this Agreement. Section 4: COMPENSATION As compensation for the services to be rendered by Employee, City agrees to pay Employee a base starting salary of no less than $148,212, 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. 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 D, below, the City agrees to pay the employee a severance amount equal to six (6) months of base salary. -2- April 2016 C. To be eligible for severance pay, as identified in paragraph B, of this section, Employee shall fulfill all of his obligations under this Agreement and shall sign a severance agreement and release of all claims against the City. All severance payments shall be paid within three (3) months of the date Employee executes a severance agreement and release of claims against the City. Such severance payments shall be made in biweekly installments. D. Notwithstanding paragraphs A, B and C, above, if Employee resigns or retires, or is terminated due to insubordination, incapacity, dereliction of duty, addiction to a controlled substance or alcohol, violation of the Alcohol and Drug -Free Workplace Policy, conviction of a crime involving moral turpitude or involving personal gain to him 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 office or position. E. 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 office or position. If Employee is provided funds for any legal criminal defense during his employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position. If this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. Section 8: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided he is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of his resignation or retirement. In the event Employee retires or resigns, Employee shall be entitled to payment for earned, but unused, vacation time, but not to severance pay as delineated in Section 6, paragraph B, above. Section 9: DISABILITY If Employee is permanently disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement; however, the City's option to terminate under this Section shall be limited by its obligation to engage in the interactive process for reasonable accommodations and to provide reasonable accommodations as required by law. Nothing in this Section shall be construed to limit or restrict Employee's benefits or rights under workers' compensation or the Public Employees Retirement System ("PERS"). -3- April 2016 However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 6 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: Isaac Garibay B. Entire Agreement The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications understanding or agreements between the parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the City Administrator and approved as to form by the City Attorney. C. Assignment This Agreement is not assignable by either the City or Employee. D. Severability In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement. E. Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. -a- April 2016 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 May 3, 2016. [Signatures Begin on Next Page]. -5- April 2016 IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed on its behalf by its City Administrator, and executed by the Employee. Dated: '{ City of Vernon, a California charter City and California municipal corporation By: / � , ;,ell arlos R. Fan ino, Jr , City Administrator TEST: Maria E Ayala, City 0 ell I -, I Ali -6- April 2016 In signing this Agreement, Employee understands and agrees that his employment status is that of an at -will employee and that his rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Vernon which might otherwise apply to employees of the City. Employee further acknowledges that he was given the opportunity to consult with an attorney prior to signing this Agreement. Dated: "/ / j '?/ / L-� Signed: Employee -7- April 2016 ATTACHMENT A Job Description -8- April 2016 JOB DESCRIPTION Director of Human Resources Date Prepared: March 2014 Class Code: 1410 SUMMARY: Under limited supervision, plans, coordinates and directs the operations and activities of the City of Vernon's Human Resources Department; provides advice and counsel to staff and management in the resolution of HR issues, develops and administers policies and procedures, and manages assigned personnel, and assures that Human Resources activities are in compliance with state and federal regulations, and City policies. ESSENTIAL FUNCTIONS: -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class; employees maybe assigned duties which are not listed below; reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following: • Manages the Human Resources Department through effective planning and fiscal management; provides leadership, direction and guidance in human resources strategies and priorities; evaluates and analyzes issues, and recommends and implements solutions; monitors and assures human resources activities and procedures are in compliance with all laws, policies, and regulations. • Directs all HR functions and activities including recruitment and staffing, classification and compensation, employee benefits, organizational development, safety, training, employee/labor relations, workers compensation and regulatory compliance. • Provides advice and consultation to management and employees on dispute resolution, performance issues, and the interpretation and correct application of policies and procedures; mediates employee relations issues and assists with disciplinary actions, while exercising the highest degree of confidentiality and professionalism. • Counsels City staff on personnel policies, procedures and processes; interprets and provides advice and assistance regarding employment issues; assures the consistent interpretation and application of Federal, state and City rules, regulations, policies and procedures. • Manages HR staff, prioritizes projects, evaluates performance, and resolves workload and technical issues; assures that appropriate services are provided. • Provides leadership and direction for all labor relations activities including contract negotiations/ • Represents the HR functions to other City departments, elected officials and ancillary agencies; provides recommendations and solutions as needed. • Monitors changes in proposed legislation and makes recommendations affecting personnel, benefits, and workers' compensation matters. • Directs research of new theories, best practices and/or trends in human resources administration that will enhance the performance and productivity of the department. • Keeps abreast of current principles and practices of effective human resources management including automation and technology, labor relations, benefits, and employee development. • Directs the technical recordkeeping process and procedures; assures the absolute confidentiality of work - related issues, personnel records and City information; assures compliance with the confidentiality standards of the Privacy Act of 1974, • 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. Director of Human Resources Vernon CA 1 of 2 MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Bachelor's Degree in Human Resources, Business Administration, or related field; AND five year of professional Human Resources program management experience preferably in the public sector operations. Master's Degree in Human Resources or Business Administration is desirable. Knowledge of: • City organization, operations, policies and procedures. • State and Federal laws, statutes, rules, codes and regulations governing HR functions, including California Public Employment Relations Board standards and the Meyers-Milias-Brown Act. - Principles and practices of public sector personnel administration, personnel files and confidential records management, and effective customer service practices. • Techniques and practices for efficient and cost effective management of resources. • Legal, ethical and professional rules of conduct for public sector employees. • Principles, practices and methods of compensation and wage structure research and analysis. • Benefits program design and management principles. • Employee relations principles and practices. • Principles of recruiting, training, workplace safety and organizational development. Skill in: • Directing and coordinating the City's human resources operations. • Assuring the City's compliance with all laws, regulations, and rules. Developing and administering human resources plans, policies, and procedures. • Managing staff, delegating tasks and authority, and coaching to improve staff performance. • Assessing and prioritizing multiple tasks, projects and demands. • Assessing, analyzing, and identifying problems, and recommending effective solutions. • Preparing, maintaining, and reviewing human resource records, reports, and documentation. • Operating a personal computer utilizing standard and specialized software. • Establishing and maintaining effective working relationships with other City employees, public officials, government agency representatives, and the public. • Effective verbal and written communication. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver's License is required. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment. Director of Human Resources Vernon CA 2 of 2 STAFF REPORT RECEIVED APR 14 Z016 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION DATE: April 19, 2016 TO: Honorable Mayor and City Council FROM: Carlos R. Fandino, Jr., City Administrator Originator: Diana Figueroa, Administrative Secretary RE: Resolution Appointing Isaac Garibay to Serve as Director of Human Resources and Approve the Execution of a Related 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 appointing Isaac Garibay to serve as the Director of Human Resources of the City of Vernon, effective May 3, 2016, approving and authorizing the execution of a related at -will employment agreement. Background Following the announcement of the October 30, 2015 retirement of the former Human Resources Director, The Hawkins Company was tasked to begin the recruitment process to fill the vacancy. Recruitment Summary The Hawkins Company focused on recruiting candidates capable of maintaining the trajectory of the recent transformative work achieved by the City's Human Resources Department. Over 80 potential candidates were sourced in the recruitment process. Page 1 of 3 Outreach efforts resulted in the submission of 25 applications, of which 11 candidates were presented to City Administration staff for evaluation. Subsequently, five candidates were deemed highly qualified and were recommended for additional consideration. Each individual was invited to participate in a first -round interview conducted by an internal/external combined interview panel. The interview panel consisted of the City Administrator, Police Chief, City Attorney, and a Vernon Chamber of Commerce member with expertise in the Human Resources field. The three (3) highest-ranking candidates were referred to the final interview selection with the City Council. The City Council conducted interviews with the three (3) highest-ranking candidates in Closed Session at the City Council meeting held on April 5, 2016. After thorough consideration and deliberation, the City Council unanimously determined Isaac Garibay to be the best -qualified candidate to meet the needs of the City and the Human Resources Department. As such, the City Council directed the City Administrator to pursue the employment of Isaac Garibay as the Director of Human Resources for the City of Vernon, subject to approval of an at -will employment agreement and successful completion of the pre -employment process. Candidate Summa Mr. Garibay currently serves as the Human Resources Department Head for the City of Temecula. In this role, he oversees all aspects of Human Resources including, but not limited to: recruitment, employee relations, classification and compensation, budget development and implementation, and negotiations with bargaining units. He possesses over 15 years of professional experience in the Human Resources/Risk Management field, with extensive practice in the public sector. Over the course of his professional career, Mr. Garibay has worked in Human Resources within varying capacities and has been granted the opportunity to broaden his knowledge of the discipline as a result. Mr. Garibay has a Master's Degree in Public Administration from California State University, Dominguez Hills. He earned his Bachelor's Degree in Business Administration (with an emphasis in Management and Human Resources) from California State Polytechnic University in Pomona. Given Mr. Garibay's qualifications and extensive experience, he is well suited to meet the needs of the City's Human Resources Department, and will be a valuable addition to the executive team. At -Will Employment Agreement The At -Will Employment Agreement for Director of Human Resources has been presented to Mr. Garibay and is attached hereto as Exhibit B of the resolution for City Council's approval. The Agreement establishes an effective date of May 3, 2016, and a minimum starting salary of $148,212 per year, plus all benefits provided to executive personnel. Page 2 of 3 The proposed Agreement is consistent with other City of Vernon executive employment agreements, with the exception of the following: • Revisions to Section 6(c): o insert the statement, "a severance agreement and release of all claims against the City", as opposed to "acknowledgement and release of claims against the City" o remove language referring to "Attachment B" of the Agreement o change language regarding the severance payout to state that "payments shall be made in biweekly installments" instead of "within thirty (30) calendar days" of the date of execution of severance agreement • Revisions to Section 6(d): o add "resigns" to section language referring to means of Employee's exit o add language referencing a "violation of the Alcohol and Drug -Free Workplace Policy" as cause for ineligibility to receive severance pay from the City • Removal of "Attachment B" from At -Will Agreement These aforementioned revisions (redlined version attached) will be proposed to Council as adjustments to the standard at -will agreements that are currently utilized by the City at a separate City Council meeting in the near future. Appointment and Oath of Office Mr. Garibay will be in attendance at the April 19, 2016 City Council meeting and he will be prepared to take the oath of office at that time. He will assume the duties of the Director of Human Resources on May 3, 2016. Fiscal Impact The approximate annual cost to fill the Director of Human Resources position as proposed in this staff report is $198,707 (salary of $148,212, plus fringe benefits). Sufficient funds are included in the Department's budget for fiscal year 2015-2016. Attachment(s) 1. At -Will Employment Agreement (Non -Safety) — Redlined Version Page 3 of 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING ISAAC GARIBAY TO SERVE AS THE DIRECTOR OF HUMAN RESOURCES OF THE CITY OF VERNON AND APPROVING AND AUTHORIZING THE EXECUTION OF A RELATED AT -WILL EMPLOYMENT AGREEMENT WHEREAS, following the announcement of the October 30, 2015, retirement of the former Director of Human Resources, the City Council of the City of Vernon authorized the City Administrator to conduct the recruitment process to fill the anticipated vacancy; and WHEREAS, the City retained the services of The Hawkins Company ("Hawkins") to conduct a recruitment for the position of Human Resources Director for the City of Vernon; and WHEREAS, the Hawkins 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 three highest ranking candidates at a regular City Council meeting on April 5, 2016; and WHEREAS, the City Council of the City of Vernon determined Isaac Garibay ("Garibay") to be the most qualified candidate and directed the City Administrator to pursue the employment of Garibay as the Director of Human Resources of the City of Vernon, subject to approval of an At -Will Employment Agreement (the "Agreement") and successful completion of the pre -employment process; and WHEREAS, the City Council of the City of Vernon desires to appoint Garibay to serve as the Director of Human Resources, effective May 3, 2016. 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 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. SECTION 3: The City Council of the City of Vernon hereby appoints Isaac Garibay to serve as the Director of Human Resources of the City of Vernon, effective May 3, 2016. SECTION 4: The City Council of the City of Vernon hereby approves and authorizes the execution of the At -Will Employment Agreement with Garibay to serve as Director of Human Resources of the City of Vernon, a copy which is attached hereto as Exhibit B. SECTION 5: The City Clerk, or any authorized officer, shall administer the Oath of Office prescribed in the Constitution of the State of California to Garibay and shall have him subscribe to it and file it with the Human Resources Department. 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 - 2 - executed Agreement to Garibay. 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 April, 2016. ATTEST: City Clerk / Deputy City Clerk Name: Title: Mayor / Mayor Pro-Tem APPROVED AS TO FORM: Za)�4)hhdbussa, Deputy City Attorney - 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, April 19, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of April, 2016, at Vernon, California. (SEAL) City Clerk / Deputy City Clerk - 4 - 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 ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of [Insert Position]. Employee desires to be the [Insert Position] 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 . 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 thirty (30) days written notice. Employee may resign with thirty (30) days advance notice as set forth in Section 8 below. Section 2: DUTIES A. City engages Employee as the [insert Position] 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/City Attorney], from time to time, and to perform such other legally permissible and proper duties and functions as the [City Administrator/City Attorney] 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/City Attorney], 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 danuaF 284-6xxxxx 2016 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 Attorney 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/City Attorney]. 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 $ , 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/City Attorney] based upon the [City Administrator's/City Attorney'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/City Attorney] and may be terminated at any time, without cause, subject to the conditions of paragraphs B and C of this section. -2- danuaFy20' 5XXXXX 2016 B. In the event that Employee is terminated by the [City Administrator/City Attorney] for reasons other than physical or mental incapacity, and other than those reasons noted in paragraph €D, below, the City agrees to pay the employee a severance paGk igeamount 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 a severance agreement and release of all claims against the City. Atta Ghrrment "B" to this Agreement. All severance payments shall be paid within three 3 months of the date Employee executes thea severance agreement and release of claims against the City. Such severance payments shall be made in biweekly installments. E D. Notwithstanding paragraphs A, B and C, above, if Employee resigns or retires, or is terminated due to yeti t,insubordination, incapacity, dereliction of duty, addiction to a controlled substance or alcohol, violation of the Alcohol and Drug -Free Workplace Policy, 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--E. 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 6, paragraph B, above. Section 9: DISABILITY -3- danuafy-2&13XXXXX 2016 If Employee is permanently disabled or otherwise unable to perform his/her duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement; however, the City's option to terminate under this Section shall be limited by its obligation to engage in the interactive process for reasonable accommodations and to provide reasonable accommodations as required by law. Nothing in this Section shall be construed to limit or restrict Employee's benefits or rights under workers' compensation or the Public Employees Retirement System ("PERS"). However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 6 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 Attorney] City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: XXXXXXXXXX XXXXXXX CXX XXXXX, XX XXXXX 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/City Attorney] 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. -4- danuary 2013xxXXx 2016 E. Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. F. Jurisdiction Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County. G. Effective Date This Agreement shall take effect on [insert date — should be the same as the initial date of the term]. [Signatures Begin on Next Page]. -5- daauaq281-5XXXXX 2016 IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed on its behalf by its [City Administrator/City Attorney], and executed by the Employee. Dated: Jr., City Administrator City of Vernon, a California charter City and California municipal corporation M [MaFk G. WhitwwthCarlos R. Fandino„ or Hema P. Patel, City Attorney] ATTEST: Maria E. Ayala, City Clerk Approved as to form: Hema Patel, City Attorney -6- JaRaafy20l3xxXXX 2016 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: Signed: Employee -7- januaFy 291- XXXXX 2016 ATTACHMENT A Job Description -g- danuaFy-201-6XXXXX 2016 -9- danuaFy 201-6XXXXX 2016 EXHIBIT A DURCES DIRECTOR u The City of Vernon is an industrial city of 5.2 square miles located several miles to the southeast of Downtown Los Angeles in Southern California. Vernon currently houses more than 1,80o businesses that employ approximately 55,000 people, serving as a vital economic engine in the region. Offering an environment uniquely friendly to business, Vernon is the home to industries including food and agriculture, apparel, steel, plastics, logistics and home furnishings. Vernon maintains strong philanthropic ties with the neighboring communities where much of its workforce lives, providing significant financial support for public services like health care, education, youth development, and recreation. Over the past five years, Vernon has made tremendous improvements to its governance structure through the implementation of more than 150 good governance reforms recommended and supported by Senate Pro Tern Kevin de Leon, the city's Independent Reform Monitor and former State Attorney General John Van de Kamp, and the Vernon City Council. Many of the reforms focused on increasing openness, transparency, and accountability in the city's governance policies and practices, growing the city's electorate, enhancing workers' rights and improving labor relations, and being a good neighbor to surrounding communities. Through it all, Vernon has maintained its focus on providing a favorable environment for business and remains an ideal location for industry. Over the years, Vernon has made substantial infrastructure investments within the city to successfully attract and retain business. Vernon is one of only 62 cities in the United States and only 13 cities in California with a Class 1-rated fire department, and one of only four cities in California with its own health department, which specializes in industrial issues. The city maintains very competitive rates for water, electricity, gas and fiber optics as a result of Vernon's independent utilities. In 2008, Vernon was named Los Angeles County's "Most Business Friendly City" for cities with less than 50,00o residents by the L.A. County Economic Development Corporation (LAEDC), and has been a finalist for the same in 2014 and 2015. Although Vernon still has a modest residential population, that population recently doubled in size with the addition of Vernon Village Park, a new, privately owned and operated, 45-unit apartment complex that opened its doors to new residents in Summer 2015. The City is proud to be a significant employer to the region and to have played a significant role in effectuating the live/work opportunity that Vernon Village Park provides. With so much of its daytime population still residing in surrounding communities, Vernon remains committed to being a good neighbor, helping residents throughout the area thrive. The establishment of the Vernon CommUNITY Fund, which provides program and capital project grants to nonprofit organizations serving communities in and around Vernon through a seven -member grant committee, is a clear example of that commitment. To date, the Vernon CommUNITY Fund has awarded nearly $i,000,000 in grants to 22 community based nonprofit organizations. Over the last five years, Vernon has made a remarkable transformation into a model city for good governance. Equally, or even more impressively, after more than 110 years, Vernon remains true to its industrial roots as a focal point for commerce and an economic engine for the surrounding region. CITY GOVERNMENT Vernon was incorporated in 1905 and became a charter city in 1988. The City is governed by a five -member city council elected to five year terms on a staggered annual basis. The City recently voted to limit council members to two five-year terms. The Council elects from its membership a Mayor and a Mayor Pro-Tem, who serve one year terms. The Council appoints the City Administrator and City Attorney. The City Administrator is responsible for the day to day management of the city. The City of Vernon is a full -service city and employs approximately 250 individuals with a current annual budget of just over $340 million. For more information on the City of Vernon, visit www. cityofvernon.org THE DEPARTMENT In line with the citywide good governance reform efforts of the past five years, the City of Vernon's Human Resources Depart- ment has seen the most dramatic improvements. Over the past several years, under trained and experienced leadership, a new Human Resources Department has been established to better provide timely, responsive services to departments and employ- ees, ensure fairness and equity in personnel matters, and sup- port organizational efforts to be an "employer of choice." The goal of the Human Resources Department is to provide central- ized and "best in class" human resources services to support the City's mission of delivering quality services to the businesses and residents of Vernon. The Human Resources Department is currently staffed by four full-time positions, consisting of a Se- nior Human Resources Analyst, an Administrative Secretary, a Human Resources Analyst, and a Human Resources Assistant. THE POSITION The Human Resources Director is appointed by the City Coun- cil and reports to the City Administrator. The position is re- sponsible for leading the City's human resources functions, programs and staff. As a member of the City's senior leader- ship team, the Human Resources Director is a key advisor to the Mayor and Council, City Administrator and department direc- tors on human resources matters and has primary responsibil- ity for ensuring that the City is resourced to effectively meet current and future workforce demands. Working collaboratively with all departments, the Human Resources Director recom- mends and implements strategies and programs to meet a vari- ety of city-wide needs. Specihc Duties Include: Plans, organizes and directs the functions of the Department through its staff, including classification and compensation, recruitment and selection, organizational and workforce development, employment services, employee/labor relations, and risk management. Aligns the human resources functions with the specific needs of the departments in support of the City's mission. Assists staff in the development and implementation of goals, objectives, policies and priorities for each assigned human resources area; assists in establishing appropriate service and staffing levels for the department; allocate resources accordingly. • Prepares and administers the Department's annual budget. Coordinates departmental activities with other departments, outside agencies and organizations. Serves as advisor to the City Administrator, City Council, and Department Heads on personnel rules, regulations, policies, federal and state mandates, and employee relations matters. Provides leadership and direction for all labor relations activities including contract negotiations. Makes determinations and decisions on the most difficult issues, or in situations having a significant impact upon Human Resources programs or in the relationships with the City Council, other City departments, or employees. Ensures compliance with City policies, contracts and ordinances, as well as Federal, State and local laws and regulations. • Reviews and makes recommendations regarding proposed legislation affecting personnel, benefits, and workers' compensation matters. • Directs research of new theories, best practices and/or trends in human resources administration that will enhance the performance and productivity of the department. • Keeps abreast of current principles and practices of effective human resources management including automation and technology, labor relations, benefits, and employee development. • Attends various City Council, staff and community meetings as required. Participates on internal and external committees, boards, and task forces, as appropriate. Performs other duties as needed and/or assigned. KEY PRIORITIES • Lead/assist in the planning, preparation and completion of contract negotiations with the City's collective bargaining groups in the Spring of 2o16. • Analyze, update, and implement safety and compliance standards that incorporate risk management best practices for full service cities. • In anticipation of approximately 32% of the workforce becoming eligible for retirement in the next 3-5 years, establish a city-wide employee development and succession plan that includes formal and informal training opportunities, and enhancing the City's college volunteer internship program. Continue the enhancement of the City's Human Resources Department functions including FIR staff development and cross training and the adoption of city-wide customer service standards of consistency and performance excellence. THE IDEAL CANDIDATE The ideal candidate will possess: • A strong HR generalist background including experience in benefits, labor relations, employee development, and employment; Hands-on, able to perform and direct the various FIR functions; • Track record of demonstrated leadership accomplishments and superior performance; • Excellent leadership Skills, professional judgment and decision -making ability; • Knowledge of municipal personnel best practices, laws and regulations; • Ability to build a team of committed and highly skilled employees; • Exceptional interpersonal and communications skills (verbal and written); Flexible, open, approachable leadership style; sense of urgency, • Team player who is firm and fair, while being flexible and collaborative; • Ability to disagree and still maintain positive working relationships; • Strong problem solving skills and a record of successfully implementing organizational change; • Political astuteness/awareness; • Ability to respond to issues quickly and make sound decisions and recommendations; • Ability to see the big picture; • Results oriented and strong customer service focus, - "Hands -on," practical approach with a willingness to be visible and interact with employees at all levels; • Strong integrity, honesty, confidentiality and demonstrated ability to effectively manage sensitive situations. MINIMUM QUALIFICATIONS • A Bachelor's Degree in human resources, business administration, or related field is required. Master's Degree preferred. 5 years of professional Human Resources management experience, preferably in the public sector. COMPENSATION The City offers an excellent compensation package. The salary is open depending on qualifications. The hiring range is $148,212 to $180,156. City benefits include: 4/10 work schedule (Monday - Thursday, 7:00 am- 5:30 pm); 12 days paid vacation; 13 holidays; 8 days administrative leave time; medical, dental, vision and life insurance aggregate allowance of $13,440 per year; pre-tax supplemental insurance plans offered through AFLAC, Colonial Life, and Mutual of Omaha; optional Section 125 IRS Plan for reimbursement of Dependant Care and Medical costs; Ca1PERS 2.7% @ 55 for classic members (8% employee contribution) or 2% @ 62 for new members (6.75% employee contribution); 457 de- ferred compensation plan, no city match; and tuition reimburse- ment up to $2,200 per fiscal year. SELECTION PROCESS The Human Resources Director recruitment is being conduct- ed on a regional basis. All written materials received will be screened and evaluated by The Hawkins Company. The most highly qualified candidates will be invited to participate in an on -site selection process. HOW TO APPLY To be considered for this opportunity, please submit your re- sume and cover letter with current salary information electroni- cally to dir.hr@thehawkinscompany.com, Attention William D. Hawkins. Resumes received by January 8, 2016 will receive first consideration. The position is open until filled. Materi- als should reflect size and scope of management experience including staffs managed, budgets administered, programs directed, and significant human resources accomplishments. Preference is for an electronic submission. However, materials may be mailed to: The Hawkins Company 8939 S. Sepulveda Blvd, Suite 110-216 r„e „AM„,„. Los Angeles, CA goo45 C O I A„ Y www.thehawkinscompanycom Confidential inquires are encouraged and should be directed to Bill Hawkins, 213-3o8-o945, bill@thehawkinscompanycom; Ms. Brett Byers, 323-403-8279. brett@thehawkinscompanycom or Daphne Le Blanc, 818-399-5787, daphne@thehawkinscompany. com. The City of Vernon is an Equal Opportunity Employer EXHIBIT B AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND Isaac Garibay This Agreement is between the City of Vernon ("City") and Isaac Garibav ("Employee") Recitals City desires to employ Employee as an at -will employee in the position of Director of Human Resources. Employee desires to be the Director of Human Resources 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 May 3, 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 thirty (30) days written notice. Employee may resign with thirty (30) days advance notice as set forth in Section 8 below. Section 2: DUTIES A. City engages Employee as the Director of Human Resources 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 ability and experience that he will at all times conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations of the State of California and the United States. C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the City Administrator, and devote whatever time is necessary to fulfill the employment responsibilities and duties as identified in this Agreement. D. During the term of this Agreement, Employee is required to have and maintain a valid California Driver's license. E. Employee acknowledges that in connection with the performance of his duties, he will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that he will not disclose such confidential information other than to officers and employees of the City who have been authorized to have access to such information. April 2016 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 Administrator. This does not preclude Employee from volunteering his services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by Employee under this Agreement. Section 4: COMPENSATION As compensation for the services to be rendered by Employee, City agrees to pay Employee a base starting salary of no less than $148,212, 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. 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 D, below, the City agrees to pay the employee a severance amount equal to six (6) months of base salary. -2- April 2016 C. To be eligible for severance pay, as identified in paragraph B, of this section, Employee shall fulfill all of his obligations under this Agreement and shall sign a severance agreement and release of all claims against the City. All severance payments shall be paid within three (3) months of the date Employee executes a severance agreement and release of claims against the City. Such severance payments shall be made in biweekly installments. D. Notwithstanding paragraphs A, B and C, above, if Employee resigns or retires, or is terminated due to insubordination, incapacity, dereliction of duty, addiction to a controlled substance or alcohol, violation of the Alcohol and Drug -Free Workplace Policy, conviction of a crime involving moral turpitude or involving personal gain to him 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 office or position. E. 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 office or position. If Employee is provided funds for any legal criminal defense during his employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position. If this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. Section 8: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided he is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of his resignation or retirement. In the event Employee retires or resigns, Employee shall be entitled to payment for earned, but unused, vacation time, but not to severance pay as delineated in Section 6, paragraph B, above. Section 9: DISABILITY If Employee is permanently disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement; however, the City's option to terminate under this Section shall be limited by its obligation to engage in the interactive process for reasonable accommodations and to provide reasonable accommodations as required by law. Nothing in this Section shall be construed to limit or restrict Employee's benefits or rights under workers' compensation or the Public Employees Retirement System ("PERS"). -3- April 2016 However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 6 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: Isaac Garibav B. Entire Agreement The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications understanding or agreements between the parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the City Administrator and approved as to form by the City Attorney. C. Assignment This Agreement is not assignable by either the City or Employee. D. Severability In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement. E. Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. -4- April 2016 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 May 3, 2016. [Signatures Begin on Next Page]. -s- April 2016 IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed on its behalf by its City Administrator, and executed by the Employee. Dated: City of Vernon, a California charter City and California municipal corporation 0 Carlos R. Fandino, Jr., City Administrator ATTEST: Maria E. Ayala, City Clerk Approved as to form: Hema Patel, City Attorney -6- April 2016 In signing this Agreement, Employee understands and agrees that his employment status is that of an at -will employee and that his rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Vernon which might otherwise apply to employees of the City. Employee further acknowledges that he was given the opportunity to consult with an attorney prior to signing this Agreement. Dated: Signed: Employee -7- April 2016 ATTACHMENT A Job Description -s- April 2016 JOB DESCRIPTION Director of Human Resources Date Prepared: March 2014 Class Code: 1410 SUMMARY: Under limited supervision, plans, coordinates and directs the operations and activities of the City of Vernon's Human Resources Department; provides advice and counsel to staff and management in the resolution of HR issues, develops and administers policies and procedures, and manages assigned personnel, and assures that Human Resources activities are in compliance with state and federal regulations, and City policies. 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: • Manages the Human Resources Department through effective planning and fiscal management; provides leadership, direction and guidance in human resources strategies and priorities; evaluates and analyzes issues, and recommends and implements solutions; monitors and assures human resources activities and procedures are in compliance with all laws, policies, and regulations. • Directs all HR functions and activities including recruitment and staffing, classification and compensation, employee benefits, organizational development, safety, training, employee/labor relations, workers compensation and regulatory compliance. • Provides advice and consultation to management and employees on dispute resolution, performance issues, and the interpretation and correct application of policies and procedures; mediates employee relations issues and assists with disciplinary actions, while exercising the highest degree of confidentiality and professionalism. • Counsels City staff on personnel policies, procedures and processes; interprets and provides advice and assistance regarding employment issues; assures the consistent interpretation and application of Federal, state and City rules, regulations, policies and procedures. • Manages HR staff, prioritizes projects, evaluates performance, and resolves workload and technical issues; assures that appropriate services are provided. • Provides leadership and direction for all labor relations activities including contract negotiations/ • Represents the HR functions to other City departments, elected officials and ancillary agencies; provides recommendations and solutions as needed. • Monitors changes in proposed legislation and makes recommendations affecting personnel, benefits, and workers' compensation matters. • Directs research of new theories, best practices and/or trends in human resources administration that will enhance the performance and productivity of the department. • Keeps abreast of current principles and practices of effective human resources management including automation and technology, labor relations, benefits, and employee development. • Directs the technical recordkeeping process and procedures; assures the absolute confidentiality of work - related issues, personnel records and City information; assures compliance with the confidentiality standards of the Privacy Act of 1974, • 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. Director of Human Resources Vernon CA 1 of 2 MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Bachelor's Degree in Human Resources, Business Administration, or related field; AND five year of professional Human Resources program management experience preferably in the public sector operations. Master's Degree in Human Resources or Business Administration is desirable. Knowledge of: • City organization, operations, policies and procedures. • State and Federal laws, statutes, rules, codes and regulations governing HR functions, including California Public Employment Relations Board standards and the Meyers-Milias-Brown Act. • Principles and practices of public sector personnel administration, personnel files and confidential records management, and effective customer service practices. • Techniques and practices for efficient and cost effective management of resources. • Legal, ethical and professional rules of conduct for public sector employees. • Principles, practices and methods of compensation and wage structure research and analysis. • Benefits program design and management principles. • Employee relations principles and practices. Principles of recruiting, training, workplace safety and organizational development. Skill in: • Directing and coordinating the City's human resources operations. • Assuring the City's compliance with all laws, regulations, and rules. • Developing and administering human resources plans, policies, and procedures. • Managing staff, delegating tasks and authority, and coaching to improve staff performance. • Assessing and prioritizing multiple tasks, projects and demands. • Assessing, analyzing, and identifying problems, and recommending effective solutions. • Preparing, maintaining, and reviewing human resource records, reports, and documentation. • Operating a personal computer utilizing standard and specialized software. • Establishing and maintaining effective working relationships with other City employees, public officials, government agency representatives, and the public. • Effective verbal and written communication. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver's License is required. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment. Director of Human Resources Vernon CA 2 of 2