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Resolution No. 2016-057RESOLUTION NO. 2016-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING MICHAEL EARL 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, on or about October 2015, the City retained the services of The Hawkins Company ("Hawkins") to conduct a recruitment for the position of Director of Human Resources 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, on August 18, 2016, following the departure of Isaac Garibay as the Director of Human Resources, the City Council of the City of Vernon authorized the City Administrator to re-evaluate the final candidates presented by Hawkins to fill the vacancy; and WHEREAS, the City Administrator has deemed Michael Earl ("Earl") to be the best qualified candidate to meet the needs of the City and Human Resources Department; and WHEREAS, the City Council conducted final interviews of the three highest ranking candidates, including Earl, at a regular City Council meeting held on April 5, 2016; and WHEREAS, the City Council of the City of Vernon determined Earl to be the most qualified candidate and directed the City Administrator to pursue the employment of Earl as the Director of Human Resources of the City of Vernon, subject to approval of an at -will employment agreement and successful completion of the pre -employment process; and WHEREAS, the City Council of the City of Vernon desires to appoint Earl to serve as the Director of Human Resources, effective October 24, 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. SECTION 3: The City Council of the City of Vernon hereby appoints Michael Earl to serve as the Director of Human Resources of the City of Vernon, effective October 24, 2016. SECTION 4: The City Council of the City of Vernon hereby approves and authorizes the execution of the At -Will Employment Agreement with Earl to serve as Director of Human Resources of the City of Vernon, in substantially the same form as the 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 Earl 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 Earl. 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 18th day of October, 2016. Name: William J."Davis Title: Mayor ATTEST: Ma is E. A4ala City Clerk / e APPROVED AS TO FORM: Za�4n4hv Moussa, Senior Deputy City Attorney - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E . Ayala, City Clerk / f the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2016-57, 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, October 18, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this ? day of October, 2016, at Vernon, California. (SEAL) - 4 - Majria E . 4ala City Clerk / EXHIBIT A It 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 Tem 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 178 cities in the United States and only 19 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 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 19o5 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 � rya 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 • 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 respond to issues quickly and make sound decisions and recommendations; 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 $166,68o - $202,608. City benefits include: 4/10 work schedule (Monday -Thursday, TOo 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; CalPERS 2.7% @ 55 for classic members (8% employee contribution) or 2% @ 62 for new members (6.75% employee contribution); 457 deferred compensation plan, no city match; and tuition reimbursement up to $2,200 per fiscal year. The City of Vernon does not partici- pate in Social Security. 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 resume and cover letter with current salary information electronically, As Soon As Possible, to dir.hr@thehawkinscompany.com, Attention William D. Hawkins. The position is open until filled. We will begin interviews in late August. Materials 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, LU Suite 110-216 THE „..,„,„. Los Angeles, CA 90045 o ■ • A „ T 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@thehawkinscompany.com 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 Michael Earl This Agreement is between the City of Vernon ("City") and Michael Earl ("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 October 24, 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. August 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 $192,960, 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% at 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 -2- August 2016 E, below, the City agrees to pay the employee a severance amount equal to six (6) months of base salary. C. To be eligible for severance pay, as identified in paragraph B, of this section, Employee shall fulfill all of his obligations under this Agreement and shall sign a severance agreement and release of all claims against the City. D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the severance agreement and release of claims against the City. E. Notwithstanding paragraphs A, B and C, above, if Employee resigns or retires, or is terminated due to insubordination, incapacity, dereliction of duty, violation of the City's Alcohol and Drug -Free Workplace Policy III-1, 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. F. Upon termination, Employee shall be paid for all earned, but unused, vacation time. Section 7: EXECUTIVE COMPENSATION LIMITATIONS If Employee is paid leave salary during a pending investigation, any salary provided for that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his 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- August 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: Michael Earl [Deliver to last updated address in personnel file] 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- August 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 October 24, 2016. [Signatures Begin on Next Page]. -5- August 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 e� August 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- August 2016 ATTACHMENT A Job Description -8- August 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 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 CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: Michael Earl 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) IX SERVICES ❑ MATERIALS (X BUDGETED ❑ NOT BUDGETED TOTAL CONTRACT VALUE: $ 192,960/yr (salary) Charge Acct. No(s) 011.1026.501010 Amendment Value $ ❑ Contract is an Amendment to Contract No. (if applicable) RESPONSIBLE DEPARTMENT PERSON: Diana Figueroa PHONE: ext. 5 0 AUTHORIZATION: [$Approved by Council on 10/18/16 (Check One) Resolution No.volto- 5:1-(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 (2) Liability and Claims Approves insurance and sureties, if bonds required - N (3) Finance (Purchasing) f l Checks compliance with Competitive Bidding & ivin e Ordinances l I P P g g and reflected in current budget - (4) City Attorney Approves contract as to form, verifies bonds and insurance included (5) City Signatory Signs all copies on behalf of City „�_--�Cr (6) City Clerk ~jf Attests signatures, numbers, files contract, insurance and bonds, and 1169 . 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. 1 /27/14 TRANSMITTAL COMMUNICATION of f 1 Tev! i r OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 November 1, 2016 Michael Earl City of Vernon — Human Resources 4305 Santa Fe Avenue Vernon, CA 90058 Re: At -Will Employment Agreement — Director of Human Resources Dear Mr. Earl: Transmitted herewith is an original fully executed employment agreement, approved by City Council on October 18, 2016. If you have any questions regarding this matter, please call Carlos Fandino at (323) 583-8811 ext. 570. Very truly yours, eborah R. Juarez Records Management Assistant Enclosure c: Joaquin Leon Resolution No. 2016-57 Agreement File No. 16-124 Excfusive� industrial FULLY EXECUTED AGREEMENT AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND Michael Earl This Agreement is between the City of Vernon ("City") and Michael Earl ("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 October 24, 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. August 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 $192,960, 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% at 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 -2- August 2016 E, below, the City agrees to pay the employee a severance amount equal to six (6) months of base salary. C. To be eligible for severance pay, as identified in paragraph B, of this section, Employee shall fulfill all of his obligations under this Agreement and shall sign a severance agreement and release of all claims against the City. D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the severance agreement and release of claims against the City. E. Notwithstanding paragraphs A, B and C, above, if Employee resigns or retires, or is terminated due to insubordination, incapacity, dereliction of duty, violation of the City's Alcohol and Drug -Free Workplace Policy 111-1, 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. F. Upon termination, Employee shall be paid for all earned, but unused, vacation time. Section 7: EXECUTIVE COMPENSATION LIMITATIONS If Employee is paid leave salary during a pending investigation, any salary provided for that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his 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- August 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: Michael Earl [Deliver to last updated address in personnel file] 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- August 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 October 24, 2016. [Signatures Begin on Next Page]. -5- August2016 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. City of Vernon, a California charter City and California municipal corporation Dated: t 0-2(a (�_ By: ATTEST: Maria . Ayala, Ci lerk Ap ved as to form: vin I I � He t , i ttorney -6- August 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: -7- August2016 ATTACHMENT A Job Description August 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 STAFF REPORT STAFF REPORT CITY ADMINISTRATION DATE: October 18, 2016 TO: Honorable Mayor and City Council FROM: Carlos R. Fandino, Jr., City Administrator Originator: Diana Figueroa, Administrative Analyst OCT 12 2016 CITY CLERK'S OFFICE RE: Resolution Appointing Michael Earl to Serve as the Director of Human Resources and Approving the Execution of a Related Employment Agreement Recommendation 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; and B. Adopt the attached resolution appointing Michael Earl to serve as the Director of Human Resources of the City of Vernon effective October 24, 2016, approving and authorizing the execution of a related at -will employment agreement. Background Following the departure of incumbent Director of Human Resources, Isaac Garibay, the City Administrator re-evaluated the final candidates presented by the Hawkins Company executive recruitment firm. Upon careful consideration, Michael Earl was selected to serve as the new Director of Human Resources for the City. Recruitment Summary Recruitment for a Director of Human Resources began shortly after the retirement of Teresa McAllister in October 2015. The Hawkins Company was contracted to conduct the recruitment for this position at the City of Vernon. Their firm 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. It was during this session that City Council had an opportunity to meet Michael Earl. A second group of candidates was presented in the subsequent months to staff who had an opportunity to interview the group. None of the candidates that were presented were selected for the Director of Human Resources role at the City of Vernon. After thorough consideration and evaluation of numerous applicants, the City Administrator deemed Michael Earl to be the best -qualified candidate to meet the needs of the City and the Human Resources Department. As such, the City Administrator briefed Council in Closed Session on October 4, 2016 on his decision to employ Michael Earl, subject to approval of an at - will employment agreement and successful completion of the pre -employment process. On October 12, 2016, an additional meeting was held in Closed Session wherein City Council members and staff were able to further acquaint themselves with Michael Earl and attest to his suitability for the role of the Director of Human Resources for the City of Vernon. Candidate Summa Mr. Earl currently serves as a Human Resources Manager for the City of Santa Monica. In this capacity, Mr. Earl oversees the functions of the Employee Relations and Benefits Division. Mr. Earl also recently served as Acting Director of Human Resources in Santa Monica during a temporary leave of absence of the current director. As an employee in the public sector, Mr. Earl has served in numerous managerial and executive level positions in Human Resources. He has acquired knowledge in each role and has developed by assuming higher levels of responsibility as his career has progressed. His professional experience spans the full range of municipal human resources functional areas including labor and employee relations, employee benefits administration, risk management, classification and compensation, and recruitment and selection. He brings 28 years of relevant experience to the City of Vernon. Mr. Earl attained his Bachelor's and Master's degrees in Public Administration from San Diego State University. He is also a member of several Human Resources professional organizations, including the Southern California Personnel Management Association, California Public Employers Labor Relations Association (CALPELRA), and International Public Management Association for Human Resources (IPMA-HR). Mr. Earl has also served in various committees for the Independent Cities Risk Management Authority (ICRMA). Page 2 of 3 Given Mr. Earl'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 the Director of Human Resources has been presented to Mr. Earl and is attached hereto as Exhibit B of the resolution for City Council's approval. The Agreement establishes an effective date of October 24, 2016, and a minimum starting salary of $192, 960 per year, plus all benefits provided to executive personnel. The proposed Agreement has been reviewed and approved by the City Attorney's office and is consistent with the City Council approved at -will form agreement. Appointment and Oath of Office Mr. Earl will be in attendance at the October 18, 2016 City Council meeting and will be prepared to take the oath of office at that time. He will assume the duties of the Director of Human Resources on October 24, 2016. Fiscal Impact The approximate annual cost to fill the Director of Human Resources position as proposed in this staff report is $255,178 (salary of $192,960, plus fringe benefits). Sufficient funds are included in the Department's budget for fiscal year 2016-2017. Attachment(s) Resolution Appointing Michael Earl to Serve as the Director of Human Resources Page 3 of 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING MICHAEL EARL 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, on or about October 2015, the City retained the services of The Hawkins Company ("Hawkins") to conduct a recruitment for the position of Director of Human Resources 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, on August 18, 2016, following the departure of Isaac Garibay as the Director of Human Resources, the City Council of the City of Vernon authorized the City Administrator to re-evaluate the final candidates presented by Hawkins to fill the vacancy; and WHEREAS, the City Administrator has deemed Michael Earl ("Earl") to be the best qualified candidate to meet the needs of the City and Human Resources Department; and WHEREAS, the City Council conducted final interviews of the three highest ranking candidates, including Earl, at a regular City Council meeting held on April 5, 2016; and WHEREAS, the City Council of the City of Vernon determined Earl to be the most qualified candidate and directed the City Administrator to pursue the employment of Earl as the Director of Human Resources of the City of Vernon, subject to approval of an at -will employment agreement and successful completion of the pre -employment process; and WHEREAS, the City Council of the City of Vernon desires to appoint Earl to serve as the Director of Human Resources, effective October 24, 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. SECTION 3: The City Council of the City of Vernon hereby appoints Michael Earl to serve as the Director of Human Resources of the City of Vernon, effective October 24, 2016. SECTION 4: The City Council of the City of Vernon hereby approves and authorizes the execution of the At -Will Employment Agreement with Earl to serve as Director of Human Resources of the City of Vernon, in substantially the same form as the 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 Earl 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 Earl. 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 18th day of October, 2016. Name: Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Zay4a4 Moussa, Senior 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, October 18, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of October, 2016, at Vernon, California. (SEAL) City Clerk / Deputy City Clerk - 4 - EXHIBIT A \�\� � �� | . � � / } � § , f� \ \ » �� �� � � ® � �f��. ��� �� � j, f » ©V�_<�©t� r � ��.y:.Z »� / ��.. ®)63` , � 7� » \ � / \ �)� �C \� ��4 �.:�\� /`�?» 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 Tem 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 178 cities in the United States and only 19 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 2oo8, Vernon was named Los Angeles County's "Most Business Friendly City" for cities with less than 50,000 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, 4s-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 $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 1io 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 19o5 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 • 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 respond to issues quickly and make sound decisions and recommendations; 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 $166,68o - $202,608. City benefits include: 4/10 work schedule (Monday -Thursday, 7:oo 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 (8i employee contribution) or 2% @ 62 for new members (6.75% employee contribution); 457 deferred compensation plan, no city match; and tuition reimbursement up to $2,200 per fiscal year. The City of Vernon does not partici- pate in Social Security. 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 resume and cover letter with current salary information electronically, As Soon As Possible, to dir.hr@thehawkinscompany.com, Attention William D. Hawkins. The position is open until filled. We will begin interviews in late August. Materials 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, UJ Suite 110-216 TKE KANKIK6 Los Angeles, CA 90045 01, . K T www.thehawkinscompany.com Confidential inquires are encouraged and should be directed to Bill Hawkins, 213-3o8-o945, bill@thehawkinscompanycom; Ms. Brett Byers, 323-403-8279. brett@thehawkinscompany.com 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 Michael Earl This Agreement is between the City of Vernon ("City") and Michael Earl ("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 October 24, 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. August 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 $192,960, 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% at 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 -2- August 2016 E, below, the City agrees to pay the employee a severance amount equal to six (6) months of base salary. C. To be eligible for severance pay, as identified in paragraph B, of this section, Employee shall fulfill all of his obligations under this Agreement and shall sign a severance agreement and release of all claims against the City. D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the severance agreement and release of claims against the City. E. Notwithstanding paragraphs A, B and C, above, if Employee resigns or retires, or is terminated due to insubordination, incapacity, dereliction of duty, violation of the City's Alcohol and Drug -Free Workplace Policy 111-1, 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. F. Upon termination, Employee shall be paid for all earned, but unused, vacation time. Section 7: EXECUTIVE COMPENSATION LIMITATIONS If Employee is paid leave salary during a pending investigation, any salary provided for that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his 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- August 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: Michael Earl [Deliver to last updated address in personnel file] 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- August2016 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 October 24, 2016. [Signatures Begin on Next Page]. -5- August 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- August 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- August2016 ATTACHMENT A Job Description -8- August2016 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 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