Resolution No. 2018-034RESOLUTION NO. 2018-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPOINTING FREDRICK AGYIN TO SERVE AS THE
DIRECTOR OF HEALTH & ENVIRONMENTAL CONTROL AND
APPROVING AND AUTHORIZING THE EXECUTION OF A
RELATED AT -WILL EMPLOYMENT AGREEMENT
WHEREAS, on July 18, 2018, the Human Resources Department
initiated the recruitment process to fill the vacancy of the Director
of Health & Environmental Control, the duties of which had been
performed on a temporary basis by an Interim Director since May 15,
2018, pursuant to Resolution No. 2018-14; and
WHEREAS, the Human Resources Department created an executive
recruitment brochure for the position (attached hereto as Exhibit A)
and conducted a broad and extensive recruitment that included multiple
screenings and interviews of numerous applicants by internal and
external raters; and
WHEREAS, on September 17, 2018, the City Administrator
conducted final interviews of the highest ranking candidates; and
WHEREAS, by memorandum dated October 2, 2018, the City
Administrator has recommended Fredrick Agyin ("Agyin") to the City
Council of the City of Vernon as the most qualified candidate and
initiated the pursuit of the employment of Agyin as the Director of
Health & Environmental Control of the City of Vernon, subject to City
Council's approval and Agyin's successful completion of the pre-
employment process; and
WHEREAS, the City Council of the City of Vernon desires to
appoint Agyin to serve as the Director of Health & Environmental
Control, effective October 15, 2018.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA) review, because it is a general administrative activity
that will not result in direct or indirect physical changes in the
environment and therefore does not constitute a "project" as defined
by CEQA Guidelines Section 15378.
SECTION 3: The City Council of the City of Vernon hereby
appoints Fredrick Agyin to serve as the Director of Health &
Environmental Control of the City of Vernon effective October 15,
2018.
SECTION 4: The City Council of the City of Vernon hereby
approves and authorizes the execution of the At -Will Employment
Agreement with Agyin to serve as Director of Health & Environmental
Control of the City of Vernon, in substantially the same form as the
copy which is attached hereto as Exhibit B.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to give a fully
executed Agreement to Agyin.
SECTION 6: The City Clerk, or any authorized officer, shall
administer the Oath of Office prescribed in the Constitution of the
State of California to Agyin and shall have him subscribe to it and
file it with the Human Resources Department.
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SECTION 7: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk, of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 2nd day of October, 2018.
ATTEST:
Maria Ayala, City Clerk
APPROVED AS TO FORM:
Zaynah ussa,
Senior Deputy City Attorney
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r
Name: Yvette Woodruff -Perez
Title: Mayor / -*a-yar Pr-0 " m-
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 2018-34,
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 2, 2018, and thereafter was duly signed by the Mayor
or Mayor Pro-Tem of the City of Vernon.
Executed this I day of October, 2018, at Vernon, California.
(SEAL)
Ma is E. Ay a, City Clerk
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EXHIBIT A
CITY OF VERNON
Invites your interest for the position of
DIRECTOR OF HEALTH
& ENVIRONMENTAL CONTROL
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The City of Vernon
Invites your interest for the position of
DIRECTOR OF HEALTH
& ENVIRONMENTAL CONTROL
The City of Vernon offers an outstanding career opportunity for a motivated,
highly engaged, and experienced leader to reimagine and lead a Health &
Environmental Control Department that serves a truly unique and exclusively
industrial community. If you are interested in this exciting and challenging
opportunity, please apply online at www.citydvernon.org by August 19, 2018.
THE COMMUNITY
The City of Vernon is an industrial city of 5.2 square miles located about five miles
southeast of downtown Los Angeles. Founded in 1905 as the first exclusively
industrial city in the Southwestern United States, Vernon remains largely industrial
with an approximate residential population of 250. The City currently houses more
than 1,800 businesses that employ approximately 50,000 people, serving as
a vital economic engine for the Southern California region. Vernon offers an
environment uniquely friendly to business and is home to many Fortune 500
companies in industries that include 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
support for public services such as health care and education.
THE ORGANIZATION
The five members of the Vernon City Council are elected at large, on a non -partisan
basis, for five year staggered terms and, as a result of 2011 Charter amendments,
no person may serve more than two full terms of office. The Mayor is selected by
the Council. The City's total budget for FY 2018-19 is a little over $305 million
(the General Fund budget is approximately $59.7 million) with a little over 280
employees. Vernon continues on the path towards creating greater accountability
and transparency with the goal to create a model government.
Since 2011, Vernon has undergone tremendous change. Through the City's
implementation of more than 150 good governance reforms, Vernon - the city that
has characterized itself as "Exclusively Industrial" for over 1 13 years - has firmly
established itself as a model city for good governance. The City is seeking an
experienced Director of Health & Environmental Control committed to the furtherance
of good governance practices and the highest standards in the Environmental Public
Health field.
THE HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT
One of only four cities in the state of California with its own public health
department, Vernon is focused on protecting the environment and ensuring the
health and safety of its residents, workers, visitors and neighboring communities.
The Vernon Health & Environmental Control Department provides comprehensive
environmental public health services to accomplish this goal, tailoring its
operations to regulate and meet the needs of the City's large industrial sector.
The Department implements multiple programs to ensure Vernon businesses are
operating as required by local and State regulations.
These environmental public health programs include;
Food, Storm Water, Solid Waste/LEA, Garment,
and other general environmental health programs.
The Department has approximately 2,240 permits
issued to about 1, 300 Vernon businesses.
In addition, the Vernon Health and Environmental
Control Department is authorized by the California
Environmental Protection Agency to enforce the
Certified Unified Program Agency (CUPA) within the
City. It includes the following programs: Hazardous
Materials Inventory, Hazardous Waste Generator,
Tiered Permitting, California Accidental Release
Program (CaIARP), Underground Storage Tanks
(UST), Aboveground Storage Tanks (AST), Emergency
Response, and California Environmental Reporting
System (CERS).
Animal Control services are provided through a contract
with the Southeast Area Animal Control Authority
(SEAACA) and Vector Control services are provided
through a contract with Greater Los Angeles County
Vector Control District.
THE POSITION
The Director of Health and Environmental Control is
responsible for the development, research, administration,
and execution of a complex and comprehensive public
and environmental public health program. The Director
provides leadership and direction over the activities of
professional and administrative staff members of the
Ciy's Health and Environmental Control Department.
The Director of Health and Environmental Control is
considered a critical member of the Executive team
that has been assembled to successfully address and
respond to the myriad of issues that Vernon faces on a
daily basis.
The Director of Health and Environmental Control
supports the relationship between the City of Vernon
and the general public by demonstrating courteous and
cooperative behavior when interacting with the public
and City staff.
ESSENTIAL JOB FUNCTIONS
• Manages the Health & Environmental Control
Department through effective planning and fiscal
management; provides leadership, direction and
guidance in health and environmental strategies
and priorities; evaluates and analyzes issues, and
recommends and implements solutions; monitors and
assures environmental public health activities and
procedures are in compliance with all laws, policies,
and regulations.
• Conducts analyses and evaluations of environmental and
public health programs in terms of present and future needs
of the community.
• Acts as the Health Officer in conformance with State and
local laws.
• Manages Department staff, prioritizes projects, evaluates
performance, and resolves workload and technical issues;
assures that appropriate and timely environmental public
health services are provided.
• Provides leadership and direction for all public health and
environmental control programs and activities.
• Coordinates programs with other City of Vernon departments
and with regional, State and Federal agencies.
• Responds to environmental public health complaints,
coordinates environmental risk assessments, and directs the
resolution of environmental public health issues.
• Responds to emergency incidents involving hazardous materials
and disease vectors; coordinates inter -agency investigations of
environmental health hazards and emergencies.
• Monitors changes in proposed legislation and makes
recommendations affecting public and environmental public
health matters.
• Keeps abreast of current principles and practices of
environmental public health including regional public health
protocols, environmental protection issues, and regulatory
enforcement standards.
THE IDEAL CANDIDATE
The ideal candidate is someone who is an actively engaged,
hands-on working manager, familiar with the variety of
programs and regulations within the Department's jurisdiction.
The City seeks an individual who is passionate about the
field of Environmental Public Health and is committed to a
philosophy of ethical, transparent, and customer -centered
service delivery. He/She should be a team player who
is open and approachable; able to identify, select and
motivate subordinate staff; and can handle ambiguity.
Furthermore, he/she should be responsive, in a timely
manner, to requests from the Council, City Administrator,
Department Heads and the public.
The Director of Health and Environmental Control must have
diverse knowledge in a variety of fields and be able to direct
staff. The role requires the oversight of all health and
environmental control matters under the City's jurisdiction, the
utilization of expertise to evaluate solutions, and the ability
to provide critical feedback to urgent, complex issues that
arise. Flexibility, levelheadedness in high-pressure situations,
effective verbal and written communication, and delivery
of sound direction to staff are components of an effective
leader for the Health and Environmental Control Department.
REQUIRED TRAINING, EDUCATION AND EXPERIENCE
Bachelor's Degree in Public Health, Environmental Health,
Biological Science, Chemistry, or related field; AND five
years of experience at an upper management level involvin(a
program planning, training and supervision of field activities
in a California public health/environmental regulatory agency.
Master's Degree in Public Health, Public Administration,
or a related field is desirable.
LICENSE AND CERTIFICATION REQUIREMENTS
Possession of a valid State of California driver's license
is required.
Certificate of registration as an Environmental Health
Specialist from the California State Department of Health
is required. Additional specific technical certifications are
preferred and may be required.
COMPENSATION
The monthly salary range for this position is approximately
$15,172 - $18,442. Salary placement within the established
salary range depends upon qualifications. In addition,
benefits provided include: vacation, holiday, sick, and
administrative leave; life insurance; and medical, dental,
and vision insurance that are provided in an aggregate
allowance of up to $1,737.27 per month for family
coverage. Pre-tax supplemental insurance plans are offered
through AFLAC, Colonial life, and Mutual of Omaha;
there is an option to participate in a Section 125 IRS Plan
for reimbursement of dependent care and medical costs;
retirement offered through the California Public Employees
Retirement System (CalPERS), with a 2.7% at 55 formula for
classic members (classic employees pay an 8% contribution)
and a 2% at 62 retirement formula for new members
(currently new employees pay a 5.75% contribution);
457 deferred compensation plan available at employee
cost; the City does not participate in Social Security;
credit union membership also available. The City has a
4110 work schedule.
SELECTION PROCESS
Completed application packets will be reviewed and those
whose qualifications best meet, or exceed, the requirements
of the position and appear to best meet the needs of the
City will be invited to participate in the selection process.
A complete application packet must include a cover letter,
resume and completed City of Vernon online application.
Resumes are not accepted in lieu of City applications.
For a complete job description please visit our website at
www.cityofvernon.org
Tentative interview dates: Initial interviews are tentatively
scheduled for the week of September 3, 2018.
HOW TO APPLY
For an opportunity to work for an outstanding, dynamic,
and progressive City committed to establishing itself as a
model for good governance, please visit our website at
www.ck-oFvermm.org and apply online. The City of
Vernon is an Equal Opportunity Employer.
Filing Deadline: Application materials must be submitted
online no later than 11:59 p.m., Sunday, August 19, 2018.
If you have any questions
or would like additional
information about this exciting
career opportunity, please
contact Michael Earl, Director
of Human Resources, at
(323) 583-881 1 ext. 239 or
mearl@ci.vernon.ca.us.
EXHIBIT B
AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY)
BETWEEN THE CITY OF VERNON AND
FREDRICK AGYIN
This Agreement is between the City of Vernon ("City") and Fredrick Agyin ("Employee")
Recitals
City desires to employ Employee as an at -will employee in the position of Director of
Health and Environmental Control. Employee desires to be the Director of Health and
Environmental Control 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 15, 2018. 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 Health and Environmental Control
(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.
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 $200,725, 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 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
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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: ABUSE OF OFFICE OR POSITION
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 1 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").
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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: Carlos R. Fandino, Jr., City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
TO EMPLOYEE: Fredrick Agyin
Deliver to last updated address in personnel file
6 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.
F. Jurisdiction
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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 15, 2018.
[Signatures Begin on Next Page].
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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: By:
Carlos R. Fandino Jr., City Administrator
ATTEST:
Maria E. Ayala, City Clerk
Approved as to form:
Hema Patel, City Attorney
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In signing this Agreement, Employee understands and agrees that his employment status is that
of an at -will employee and that his rights to employment with the City are governed by the
terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of
the City of Vernon which might otherwise apply to employees of the City. Employee further
acknowledges that he was given the opportunity to consult with an attorney prior to signing this
Agreement.
Dated:
Signed:
Employee
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ATTACHMENT A
Job Description
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9/26/2018
City of Vernon - Class Specification Bulletin
Director of
Health and
Environmental Class Code:
2010
Control
Bargaining Unit: Executive - At Will
CITY OF VERNON
Established Date: Mar 1, 2014
Revision Date: Aug 12, 2015
SALARY RANGE
$87.53 - $106.39 Hourly
$15,171.95 - $18,441.59 Monthly
$182,063.44 - $221,299.10 Annually
SUMMARY:
Under limited supervision, the Director of Health and Environmental Control is
responsible for the development, research, administration and execution of a complex
and comprehensive public and environmental health program. Program areas include
food safety; solid waste management; sustainability program coordination; rodent and
vector control; water and sewage surveillance; cross connection control; hazardous
materials and underground storage tank monitoring; above ground storage tanks;
storm water; CalARP; garment manufacturing; site mitigation; land use; emergency
response; housing and institutions; occupational health; industrial hygiene;
communicable disease prevention; rabies and animal control in the City of Vernon.
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 Health Department through effective planning and fiscal
management; provides leadership, direction and guidance in health and
environmental strategies and priorities; evaluates and analyzes issues, and
recommends and implements solutions; monitors and assures public and
environmental activities and procedures are in compliance with all laws, policies,
and regulations.
Conducts analyses and evaluations of environmental and public health programs
in terms of present and future needs of the community.
https://agency.governmentiobs.com/vernon/defauIt.cfm?action=specbuIletinBCIassSpec ID= 1088825&headerfooter=0 1 /3
9/26/2018
City of Vernon - Class Specification Bulletin
• Acts as the Health Officer in conformance with State and local laws.
• Manages Health Department staff, prioritizes projects, evaluates performance,
and resolves workload and technical issues; assures that appropriate services are
provided.
• Provides leadership and direction for all health and environmental control
programs and activities.
• Coordinate programs with other City of Vernon departments and with regional,
State and Federal agencies.
• Responds to environmental health complaints, coordinates environmental risk
assessments, and directs the resolution of environmental health issues.
• Responds to emergency incidents involving hazardous materials and disease
vectors; coordinates inter -agency investigations of environmental health hazards
and emergencies.
• Monitors changes in proposed legislation and makes recommendations affecting
public and environmental health matters.
• Represents the City of Vernon and acts as Commission Director of the
Sustainability Development and Energy Efficiency Commission.
• Keeps abreast of current principles and practices of environmental health
including regional public health protocols, environmental protection issues, and
regulatory enforcement standards.
• Supports the relationship between the City of Vernon and the general public by
demonstrating courteous and cooperative behavior when interacting with visitors
and City staff; maintains confidentiality of work -related issues and City
information; performs other duties as required or assigned.
MINIMUM QUALIFICATIONS:
Education, Training and Experience Guidelines:
Bachelor's Degree in Public Health, Environmental Health, Biological Science,
Chemistry, or related science field; AND five years of experience at an upper
management level involving program planning, training and supervision of field
activities in a California public health/environmental regulatory agency.
Master's Degree in Public Health, Public Administration, or a related field is desirable.
KNOWLEDGE OF:
• City policies and procedures.
• Federal and state laws, codes, rules, and regulations related to
public/environmental health.
• Techniques and practices for efficient and cost effective management of
resources.
• Regional public health protocols, environmental protection issues, and regulatory
enforcement standards.
• Techniques of investigating and resolving complex environmental health problems
and conditions.
• Physical and biological science standards and guidelines used in environmental
quality controls.
• Environmental research and statistical evaluation principles and methods.
• Techniques of investigating, inspecting, and resolving public health issues.
• Customer service and public relations methods and practices.
• Record keeping and file maintenance principles and procedures.
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httos://aaencv.aovemmentiobs.com/vernon/defauIt.cfm?action=specbuIletin&ClassSpeclD=1088825&headerfooter=0
9/26/2018
City of Vernon - Class Specification Bulletin
SKILL IN:
• Interpreting and applying state and federal statutes, codes, rules, and
regulations.
• Managing staff, delegating tasks and authority, and coaching to improve staff
performance
• Working effectively with others to develop solutions for public/environmental
health problems.
• Applying environmental health and safety principles and practices in a regulatory
environment.
• Inspecting, testing, and analyzing complex multidisciplinary environmental health
issues.
• Interpreting technical instructions and analyzing complex variables.
• Following and applying scientific principles and procedures for
public/environmental health investigations.
• Collecting and analyzing data, and making appropriate recommendations.
• Assessing and prioritizing multiple tasks, projects, and demands.
• Using initiative and independent judgment within established procedural
guidelines.
• Operating a personal computer utilizing standard and specialized software.
• Establishing and maintaining cooperative working relationships with co-workers.
• Communicating effectively verbally and in writing.
LICENSE AND CERTIFICATION REQUIREMENTS:
A valid California State Driver's License is required. Certificate of registration as an
Environmental Health Specialist from the California State Department of Health, and
additional specific technical certifications are preferred and may be required.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT:
Work is performed in a standard office environment, and in internal and external
environments throughout the City, with possibility of exposure to hazardous materials.
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SIGNATURE ROUTING FORM
CONTRACTOR: Fredrick Agyyin
CONTRACT PURPOSE: At -Will Employment Agreement for Director of Health & Environmental Control
CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP
❑ COMPETITIVE BID & NOTICED INVITATION TO BID
❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED)
CERVICES ❑ MATERIALS Ca'BUDGETED ❑ NOT BUDGETED
TOTAL CONTRACT VALUE: $ 200,725.00 (Yearly Salary) Charge Acct. No(s) 011.1060.501010
Amendment Value $ ❑ Contract is an Amendment to Eden Contract No. (if applicable)
RESPONSIBLE DEPARTMENT PERSON: Michael Earl PHONE: ext. 239
AUTHORIZATION: BApproved by Council on 10/02/2018
(Check one and attach Resolution No. 2018-34 (if applicable)
supporting documentation)
❑ Approved by City Administrator on
❑ Approved by Finance Director on
ROUTING SEQUENCE: (Please Follow In Order) Initials Date
(1) Responsible Department Person /
Certifies compliance with Competitive Bidding and Purchasing Ordinance, �� S v
obtains approval from City Council/City Administrator/Finance Director, and obtains
approval as to form from the City Attorney's Office, assembles two (2) originals of contract,
obtains proper signatures from contractor/consultant pursuant to the signature requirements,
obtains insurance & bond documents, notifies IT to remove related RFP/bid notice from the
City's website (if applicable), enters contract into Eden once routing process is complete.
(2) Liability and Claims ;�
Approves insurance and sureties, if bonds required. I � %C _//S
(3) Finance (Purchasing)
Checks compliance with Competitive Bidding & Living Wage Ordinances
and reflected in current budget.
(4) City Attorney
Approves contract as to form. t
(5) City Signatory 09—
Signs document on behalf of City. �� ^
(6) City Clerk xr I
Attests signatures, numbers and files contract, enters contract documents
(executed contract, supporting documentation, insurance and bonds, etc.) into Laserfiche,
transmits duplicate original to contractor/consultant, notifies Responsible Department Person,
and notifies any "consultant" of duties to file Form 700, if applicable.
Rev. 6/2017
TRANSMITTAL COMMUNICATION
of V
T
(I not)
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
October 30, 2018
Fredrick Agyin
City of Vernon
Health & Environmental Control
4305 Santa Fe Avenue
Vernon, CA 90058
Re: At -Will Employment Agreement — Director of Health & Environmental Control
Dear Mr. Agyin:
Transmitted herewith is an original fully executed employment agreement, approved by City
Council on October 2, 2018, through Resolution No. 2018-34.
If you have any questions regarding this matter, please call Michael Earl at (323) 583-8811 ext.
239.
Ver ly yours,
orah R. euarez
Records Management Assistant
Enclosure
c: Joaquin Leon
Resolution No. 2018-34
Agreement File No. 18-137
E,Xcfusivef In6stHaf
FULLY EXECUTED AGREEMENT
AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY)
BETWEEN THE CITY OF VERNON AND
FREDRICK AGYIN
This Agreement is between the City of Vernon ("City") and Fredrick Agyin ("Employee")
Recitals
City desires to employ Employee as an at -will employee in the position of Director of
Health and Environmental Control. Employee desires to be the Director of Health and
Environmental Control 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 15, 2018. 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 Health and Environmental Control
(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.
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 1 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 $200,725, 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 Policies and Procedures Manual.
Section & 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
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: ABUSE OF OFFICE OR POSITION
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 & 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").
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: Carlos R. Fandino, Jr.. City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
TO EMPLOYEE: Fredrick Agyin
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.
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 15, 2018.
[Signatures Begin on Next Page].
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: (� By: /�z 4
Carlos R. Fandino Jr., City?", inistrator
ATTEST:
Mari E. Ayala, Cit Jerk
At e as o f rm:
HenWNW, City Attorney
-6-
In signing this Agreement, Employee understands and agrees that his employment status is that
of an at -will employee and that his rights to employment with the City are governed by the
terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of
the City of Vernon which might otherwise apply to employees of the City. Employee further
acknowledges that he was given the opportunity to consult with an attorney prior to signing this
Agreement.
Signed:
Dated: JQ 1 5
-/1�
Employee
-7-
ATTACHMENT A
Job Description
- 19 -
9/26/2018
City of Vernon - Class Specification Bulletin
Director of
Health and
Environmental Class Code:
2010
Control
Bargaining Unit: Executive - At Will
CITY OF VERNON
Established Date: Mar 1, 2014
Revision Date: Aug 12, 2015
SALARY RANGE
$87.53 - $106.39 Hourly
$15,171.95 - $18,441.59 Monthly
$182,063.44 - $221,299.10 Annually
SUMMARY:
Under limited supervision, the Director of Health and Environmental Control is
responsible for the development, research, administration and execution of a complex
and comprehensive public and environmental health program. Program areas include
food safety; solid waste management; sustainability program coordination; rodent and
vector control; water and sewage surveillance; cross connection control; hazardous
materials and underground storage tank monitoring; above ground storage tanks;
storm water; CalARP; garment manufacturing; site mitigation; land use; emergency
response; housing and institutions; occupational health; industrial hygiene;
communicable disease prevention; rabies and animal control in the City of Vernon.
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 Health Department through effective planning and fiscal
management; provides leadership, direction and guidance in health and
environmental strategies and priorities; evaluates and analyzes issues, and
recommends and implements solutions; monitors and assures public and
environmental activities and procedures are in compliance with all laws, policies,
and regulations.
Conducts analyses and evaluations of environmental and public health programs
in terms of present and future needs of the community.
https //agency.governmentjobs.com/vernon/default.cfm?action=specbulletin&ClassSpeclD=l088825&headerfooter=0 113
9/26/2018
City of Vernon - Class Specification Bulletin
• Acts as the Health Officer in conformance with State and local laws.
• Manages Health Department staff, prioritizes projects, evaluates performance,
and resolves workload and technical issues; assures that appropriate services are
provided.
• Provides leadership and direction for all health and environmental control
programs and activities.
• Coordinate programs with other City of Vernon departments and with regional,
State and Federal agencies.
• Responds to environmental health complaints, coordinates environmental risk
assessments, and directs the resolution of environmental health issues.
• Responds to emergency incidents involving hazardous materials and disease
vectors; coordinates inter -agency investigations of environmental health hazards
and emergencies.
• Monitors changes in proposed legislation and makes recommendations affecting
public and environmental health matters.
• Represents the City of Vernon and acts as Commission Director of the
Sustainability Development and Energy Efficiency Commission.
• Keeps abreast of current principles and practices of environmental health
including regional public health protocols, environmental protection issues, and
regulatory enforcement standards.
• Supports the relationship between the City of Vernon and the general public by
demonstrating courteous and cooperative behavior when interacting with visitors
and City staff; maintains confidentiality of work -related issues and City
information; performs other duties as required or assigned.
MINIMUM QUALIFICATIONS:
Education, Training and Experience Guidelines:
Bachelor's Degree in Public Health, Environmental Health, Biological Science,
Chemistry, or related science field; AND five years of experience at an upper
management level involving program planning, training and supervision of field
activities in a California public health/environmental regulatory agency.
Master's Degree in Public Health, Public Administration, or a related field is desirable.
KNOWLEDGE OF:
• City policies and procedures.
• Federal and state laws, codes, rules, and regulations related to
public/environmental health.
• Techniques and practices for efficient and cost effective management of
resources.
• Regional public health protocols, environmental protection issues, and regulatory
enforcement standards.
• Techniques of investigating and resolving complex environmental health problems
and conditions.
• Physical and biological science standards and guidelines used in environmental
quality controls.
• Environmental research and statistical evaluation principles and methods.
• Techniques of investigating, inspecting, and resolving public health issues.
• Customer service and public relations methods and practices.
• Record keeping and file maintenance principles and procedures.
hftps:l, agency.governmentjobs.com/vernon/default.cfm?action=specbuiletin&CiassSpeclD=1088825&headerfooter=0 2/3
9/26/2018
City of Vernon - Class Specification Bulletin
SKILL IN:
• Interpreting and applying state and federal statutes, codes, rules, and
regulations.
• Managing staff, delegating tasks and authority, and coaching to improve staff
performance
• Working effectively with others to develop solutions for public/environmental
health problems.
• Applying environmental health and safety principles and practices in a regulatory
environment.
• Inspecting, testing, and analyzing complex multidisciplinary environmental health
issues.
• Interpreting technical instructions and analyzing complex variables.
• Following and applying scientific principles and procedures for
public/environmental health investigations.
• Collecting and analyzing data, and making appropriate recommendations.
• Assessing and prioritizing multiple tasks, projects, and demands.
• Using initiative and independent judgment within established procedural
guidelines.
• Operating a personal computer utilizing standard and specialized software.
• Establishing and maintaining cooperative working relationships with co-workers.
• Communicating effectively verbally and in writing.
LICENSE AND CERTIFICATION REQUIREMENTS:
A valid California State Driver's License is required. Certificate of registration as an
Environmental Health Specialist from the California State Department of Health, and
additional specific technical certifications are preferred and may be required.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT:
Work is performed in a standard office environment, and in internal and external
environments throughout the City, with possibility of exposure to hazardous materials.
https / agency. governmentlobs.com/vernon/defauIt.cfm?action=specbuIletinBCIassSpecID=1088825&headerfooter=0 3/3
STAFF REPORT
City Council Agenda Item Report
Agenda Item No. COV-348-2018
Submitted by: Michael Earl
Submitting Department: Human Resources
Meeting Date: October 2, 2018
SUBJECT
A Resolution Appointing Fredrick Agyin to serve as Director of Health and Environmental Control for the City of
Vernon and approving and authorizing the execution of a related at -will employment agreement.
Recommendation:
A. Find that approval of the proposed action is exempt from California Environmental Quality Act (CEQA) review,
because it is an 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 Fredrick Agyin to serve as Director of Health and Environmental Control
of the City of Vernon effective October 15, 2018, and approving and authorizing the execution of a related at -will
employment agreement.
Backgroud:
The recruitment for anew Director of Health and Environmental Control opened on July 18, 2018. Resumes and
application materials were accepted through August 19, 2018. A total of 46 applications were received. Following a
review of the application materials submitted, 6 candidates were invited to participate in the initial interviews. Those
interviews were held on September 11, 2018. The City Administrator held follow up interviews on September 17,
2018. One candidate is recommended by the City Administrator for City Council consideration.
Candidate Background
The recommended candidate to be the next Director of Health and Environmental Control for the City of Vernon is
Fredrick Agyin. Mr. Agyin is currently a Branch Director with the Environmental Health Division of the Los Angeles
County Department of Public Health. Mr. Agyin oversees the District Surveillance and Enforcement Branch and is
responsible for the work of approximately 350 field inspection personnel. Mr. Agyin has held a variety of management
positions during his six years in Environmental Health for Los Angeles County. Prior to his career in Los Angeles
County, Mr. Agyin worked in Environmental Health for the County of San Bernardino.
Mr. Agyin possesses a Bachelor of Science degree in Biochemistry from Cal State Fullerton and a Master's degree in
Organizational Management from University of Redlands. He is also a Registered Environmental Health Specialist with
the State of California and has numerous specialized certifications in the health and environmental control field.
At -Will Employment Agreement
The At -Will Employment Agreement for the Director of Health and Environmental Control has been presented to Mr.
Agyin and is attached hereto as Exhibit B of the resolution for City Council's approval. The Agreement establishes an 151
effective date of October 15, 2018 and a starting salary of $200,725, (which is step 3 of the established salary range
for this position) 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. Agyin will be in attendance at the October 2, 2018 City Council meeting and will be prepared to take the oath of
office at that time. He will assume his duties as Director of Health & Environmental Control for the City of Vernon
effective October 15, 2018.
Fiscal Impact:
The approximate annual cost to fill the Director of Health & Environmental Control position as proposed in this staff
report is $277,533 (salary of $200,725 plus fringe benefits). Sufficient funds are included in the Health and
Environmental Control Department's budget for fiscal year 2018-2019.
ATTACHMENTS
• 1. Resolution - Director of HEC
152