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Resolution No. 2022-025RESOLUTION NO. 2022-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING ZAYNAH N. MOUSSA TO SERVE AS THE CITY ATTORNEY OF THE CITY OF VERNON AND APPROVING AND AUTHORIZING THE EXECUTION OF A RELATED AT-WILL EMPLOYMENT AGREEMENT SECTION 1. Recitals. A. The City Attorney position has been vacant since July 2021. B. On February 1, 2022, the City Council of the City of Vernon authorized the Director of Human Resources to secure the services of an executive recruiting firm to conduct the recruitment process to fill the vacant City Attorney position. C. On or about March 2022, the City retained the services of Wendy Brown Creative Partners, Inc. (WBCP) to conduct a recruitment for the position of City Attorney for the City of Vernon. D. WBCP 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. E. The City Council conducted final interviews of the two highest ranking candidates at a Special City Council Meeting on June 27, 2022. F. The City Council of the City of Vernon has determined Zaynah N. Moussa (Moussa) to be the most qualified candidate for the position and desires to appoint Moussa to serve as the City Attorney, effective July 19, 2022. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 3. The City Council hereby appoints Zaynah N. Moussa to serve as the City Attorney of the City of Vernon, effective July 19, 2022. SECTION 4. The City Council hereby approves and authorizes the execution of the At-Will Employment Agreement with Zaynah N. Moussa to serve as City Attorney of the City of Vernon, in substantially the same form as attached hereto as Exhibit B. Resolution No. 2022-25 Page 2 of 18 _______________________ 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 Moussa and shall have her 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 executed Agreement to Moussa. SECTION 7. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED this 19th day of July, 2022. LETICIA LOPEZ, Mayor ATTEST: LISA POPE, City Clerk (seal) I CERTIFY THAT THE FOREGOING RESOLUTION NO. 2022-25 was passed and adopted by the City Council of the City of Vernon at the Regular meeting on July 19, 2022 by the following vote: AYES: 4 Council Members: Davis, Merlo, Ybarra, Lopez NOES: 0 ABSENT: 1 Council Member: Larios ABSTAIN: 0 ________________________________ LISA POPE, City Clerk (seal) CAREER OPPORTUNITY T HE CITY OF VERNON SEEKS A CITY ATTORNEY who is customer-service focused, a self-starter, and experienced at providing legal counsel on highly sensitive and complex Ĭåč±Ĭĵ±ƋƋåųŸƋĘ±Ƌ±ýåÏƋƋĘåĜƋƼØŸƚÏĘ±ŸĵƚĹĜÏĜŞ±ĬĬ±ƵØÏĜƴĜĬ rights and tort litigation, government contracting and procurement, land use, and labor and employment, among other practice areas. The ideal candidate will be an outstanding communicator, business partner, and relationship ÆƚĜĬÚåųƵĘŅĜŸųåŸŞŅĹŸĜƴå±ĹÚĜĹüŅųĵåÚ±ĹÚÏ±ĹåýåÏƋĜƴåĬƼ ĵ±Ĺ±čåŅƚƋŸĜÚåÏŅƚĹŸåĬ±ĹÚĬå±ÚĜĹƋåųĹ±ĬŸƋ±ýţĘåĹåƻƋĜƋƼ eƋƋŅųĹåƼƵĜĬĬÆåå±čåųƋŅĘåĬŞƋĘåĜƋƼŅƚĹÏĜĬ±ÏĘĜåƴåĜƋŸ čŅ±ĬŸ±ĹÚƚĹÚåųŸƋ±ĹÚƋĘåĜĵŞŅųƋ±ĹÏåŅü±ųåŸŞŅĹŸĜƴåĜƋƼ eƋƋŅųĹåƼűŸkþÏåƋĘ±ƋŞųŅƴĜÚåŸåƻŞåųƋ±ÚƴĜÏåĜĹ±ƋĜĵåĬƼ manner. The successful candidate will lead their department, ŅƴåųŸååĜĹčƋƵŅÚĜųåÏƋųåŞŅųƋŸØ±ĹÚƵŅųĩåýåÏƋĜƴåĬƼƵĜƋĘŸƋ±ý ±ĹÚåƻåÏƚƋĜƴåĬå±ÚåųŸĘĜŞØåĬåÏƋåÚ±ĹÚ±ŞŞŅĜĹƋåÚŅþÏĜ±ĬŸØƋĘå business community, constituents, and other neighboring and regional agencies and partners. If you have experience in a municipal setting, know what good governance looks like, are ÏƚŸƋŅĵåųěŸåųƴĜÏåÏåĹƋųĜÏØųåŸŞŅĹŸĜƴåØ±ĹÚÏŅĹĀÚåĹƋĜĹƼŅƚų legal counsel abilities, apply today! CITY ATTORNEY ANNUAL SALARY $266,606–$324,061 DOE/DOQ CITY OF VERNON, CALIFORNIA &YIJCJU"Resolution No. 2022-25 Page 3 of 18 ________________________ THE CITY THE CITY OF VERNON, ĬåÚÆƼ±ĹåÚƚÏ±ƋåÚ±ĹÚåƻŞåųĜåĹÏåÚĀƴåěĵåĵÆåųĜƋƼŅƚĹÏĜĬØƵ±Ÿ ĜĹÏŅųŞŅų±ƋåÚĜĹŎĿǈĂ±ĹÚĜŸĬ±ųčåĬƼ±ĹĜĹÚƚŸƋųĜ±ĬÏŅĵĵƚĹĜƋƼţĘĜŸĂţƖěŸŧƚ±ųåěĵĜĬåÏĜƋƼĜŸĀƴå miles south of downtown Los Angeles, making it an excellent hub for those who want to be near the hustle and bustle of downtown LA. While Vernon has only approximately 250 residents, there ±ųåŅƴåųĂǈØǈǈǈŞåŅŞĬåƵĘŅƵŅųĩĜĹƋĘåĜƋƼå±ÏĘÚ±ƼţåųĹŅĹĜŸĘŅĵåƋŅŅƴåųŎØíǈǈÆƚŸĜĹåŸŸåŸØ with its core industries including food and agriculture, apparel, steel, plastics, logistics, and ĘŅĵåüƚųĹĜŸĘĜĹčŸţĘåĜƋƼĘ±ŸÆååĹųåÏŅčĹĜǄåÚ±ŸŅĹåŅüXŅŸeĹčåĬåŸŅƚĹƋƼűŸŮaŅŸƋƚŸĜĹåŸŸě 8ųĜåĹÚĬƼĜƋĜåŸŰÆƼƋĘåXţeţŅƚĹƋƼ)ÏŅĹŅĵĜÏ%åƴåĬŅŞĵåĹƋŅųŞŅų±ƋĜŅĹţåųĹŅĹĵ±ĜĹƋ±ĜĹŸŸƋųŅĹč philanthropic ties with the neighboring communities where much of its workforce lives, providing ŸĜčĹĜĀÏ±ĹƋĀĹ±ĹÏĜ±ĬŸƚŞŞŅųƋüŅųŞƚÆĬĜÏŸåųƴĜÏåŸţåŸĜÚåĹƋŸ±ĹÚÆƚŸĜĹåŸŸåŸÆåĹåĀƋüųŅĵƋĘåĜƋƼűŸ ŅƵĹŞŅƵåųŞĬ±ĹƋØƵĘĜÏĘŞųŅƴĜÚåŸ±ýŅųÚ±ÆĬåƚƋĜĬĜƋĜåŸţĘĜĬåųåĵ±ĜĹĜĹčÆƚŸĜĹåŸŸěÏåĹƋųĜÏØƋĘåĜƋƼĜŸ eager to champion growth and evolve as a place to not only work but also live and play. ĘåĜƋƼŅŞåų±ƋåŸŅĹ±ÆƚÚčåƋŅüâƐƅǈĵĜĬĬĜŅĹ±ĹÚåĵŞĬŅƼŸ±ŞŞųŅƻĜĵ±ƋåĬƼƖǈǈŸƋ±ýţFƋŞųŅƴĜÚåŸ a multitude of services across its 10 departments that include city administration, city attorney, ÏĜƋƼÏĬåųĩØÏĜƋƼÏŅƚĹÏĜĬØĀĹ±ĹÏå±ĹÚƋųå±ŸƚųƼØĘå±ĬƋĘ±ĹÚåĹƴĜųŅĹĵåĹƋ±ĬÏŅĹƋųŅĬØĘƚĵ±ĹųåŸŅƚųÏåŸØ ŞŅĬĜÏåØŞƚÆĬĜÏƚƋĜĬĜƋĜåŸØ±ĹÚŞƚÆĬĜÏƵŅųĩŸţĘåĜƋƼĜŸåŸŞåÏĜ±ĬĬƼŞųŅƚÚŅüĜƋŸ{ƚÆĬĜÏƋĜĬĜƋĜåŸ %åŞ±ųƋĵåĹƋƋĘ±ƋŸåųƴåŸ±Ÿ±ĹåŸŸåĹƋĜ±ĬųåŸŅƚųÏåƋŅƋĘåĜƋƼűŸÆƚŸĜĹåŸŸÏŅĵĵƚĹĜƋƼØŞųŅƴĜÚĜĹč dependable, high-quality utility services at very competitive rates. Resolution No. 2022-25 Page 4 of 18 ________________________ THE JOB T HE CITY ATTORNEY WILL LEAD ƋĘåĜƋƼeƋƋŅųĹåƼűŸkþÏåØ ŞųŅƴĜÚåĬåč±ĬÏŅƚĹŸåĬƋŅĜƋƼŸƋ±ý±ĹÚŅþÏĜ±ĬŸØ±ÚƴŅÏ±Ƌå üŅųƋĘåĜƋƼűŸĜĹƋåųåŸƋŸØ±ĹÚŸåųƴå±Ÿ±ŞåųŸƚ±ŸĜƴåĬåč±Ĭ ųåŞųåŸåĹƋ±ƋĜƴåĜĹĬåč±ĬŞųŅÏååÚĜĹčŸţĘåĜƋƼeƋƋŅųĹåƼƵĜĬĬ åĹŸƚųåƋĘ±ƋƋĘåĜųŅþÏåĜŸĵ±ĜĹƋ±ĜĹĜĹč±ĹĜĹěĘŅƚŸåĬåč±ĬĬĜÆų±ųƼØ enhance their team’s abilities through training and career development opportunities, and reduce reliance on outside Ĭåč±ĬŸåųƴĜÏåŸţĘåƼƵĜĬĬ±ĬŸŅ±ŸŸĜŸƋƋĘåĜƋƼĜĹĜĵŞĬåĵåĹƋĜĹč the :ŅŅÚ:ŅƴåųĹ±ĹÏååüŅųĵ and continue to navigate ÏŅĵŞĬĜ±ĹÏåěųåĬ±ƋåÚĜŸŸƚåŸţaƚÏĘŅüƋĘĜŸųŅĬåĜĹƴŅĬƴåŸ providing a high level of customer service to internal clients and thinking proactively about various legal matters. THE CITY ATTORNEY’S OFFICE THE OFFICE OF THE CITY ATTORNEY ųåŞųåŸåĹƋŸƋĘåĜƋƼ of Vernon and works to arrive at innovative solutions which åýåÏƋĜƴåĬƼ±ÚÚųåŸŸƋĘåƚĹĜŧƚåĜŸŸƚåŸ±ýåÏƋĜĹčųåŸĜÚåĹƋŸ±ĹÚ ÆƚŸĜĹåŸŸåŸĜĹƋĘåĜƋƼ±ĹÚåĹŸƚųåƋĘ±ƋƋĘåŞƚÆĬĜÏĜĹƋåųåŸƋĜŸ well-served in all areas. Its mission is to provide professional, ethical, and quality legal services that ultimately protect the ĜĹƋåųåŸƋŸŅüƋĘåĜƋƼŅüåųĹŅĹØƋĘåĜƋƼŅƚĹÏĜĬØĜƋƼ ÚåŞ±ųƋĵåĹƋŸØ±ĹÚƋĘåÏĜƋĜǄåĹŸŅüƋĘåÏŅĵĵƚĹĜƋƼ. Virtually åƴåųƼŞųŅčų±ĵ±ĹÚŸåųƴĜÏåŅýåųåÚÆƼƋĘåĜƋƼÚåŞåĹÚŸƚŞŅĹ ŸƚŞŞŅųƋüųŅĵƋĘĜŸkþÏåØ±ĹÚƋĘå±ƋƋŅųĹåƼŸĜĹƋĘåkþÏå±ųå ųåÏŅčĹĜǄåÚüŅųƋĘåĜųĩĹŅƵĬåÚčå±ĹÚåƻŞåųƋĜŸåĜĹĵƚĹĜÏĜŞ±ĬØ land use, and labor and employment law, civil rights and tort litigation, and government contracting and procurement. The kþÏåĜŸĬåÚÆƼƋĘåĜƋƼeƋƋŅųĹåƼ±ĹÚŸƚŞŞŅųƋåÚÆƼ±Xåč±Ĭ eÚĵĜĹĜŸƋų±ƋĜƴåeĹ±ĬƼŸƋØåĹĜŅų%åŞƚƋƼĜƋƼeƋƋŅųĹåƼØ±ĹÚ outside counsel as needed. Resolution No. 2022-25 Page 5 of 18 ________________________ THE IDEAL CANDIDATE THE IDEAL CANDIDATE KNOWS good governance and has municipal experience. They understand the importance Ņü±ÏŅĵĵƚĹĜÏ±ƋĜƴåĜƋƼeƋƋŅųĹåƼűŸkþÏå and will keep things moving along through responsiveness and quick, yet accurate and thorough recommendations to assist ÚåÏĜŸĜŅĹĵ±ĩĜĹčţĘåĹåƻƋĜƋƼeƋƋŅųĹåƼƵĜĬĬ Æå±ěŞŅĬĜƋĜÏ±ĬØĜĹāƚåĹƋĜ±ĬØ±Ĺ±ÚåŞƋ communicator and presenter, and eager to solve problems and answer legal questions. They will be a collaborative business partner ĜĹƵŅųĩĜĹčƋŅƵ±ųÚƋĘåĜƋƼűŸųåüŅųĵŸ±ĹÚ demonstrate transparent and ethical leadership. The successful candidate will be an adept project manager, juggle competing priorities with ease, thrive in a fast-paced environment, and take challenges head-on. X a±Ĺ±čåŸĜƋƚ±ƋĜŅĹŸƵĜƋĘƋ±ÏƋ±ĹÚŞųŅüåŸŸĜŅĹ±ĬĜŸĵ while demonstrating emotional intelligence, ŞŅĬĜƋĜÏ±ĬŸ±ƴƴƼØ±ĹÚÏŅĹĀÚåĹÏåţ X Successfully build trust and credibility. X {ųŅƴĜÚåÏŅŸƋěåýåÏƋĜƴå±ĹÚŸĩĜĬĬåÚŞųŅüåŸŸĜŅĹ±Ĭ legal services. X )ýåÏƋĜƴåĬƼĵ±Ĺ±čå±ĹÚŅƴåųŸååĬĜƋĜč±ƋĜŅĹ±ĹÚ outside council expenses and the department’s budget. X Work to meet the goals and initiatives of the ĜƋƼţ X ŅĜÏåŸŅƚĹÚĬåč±Ĭ±ÚƴĜÏå±ĹÚ±ŸŸĜŸƋƋĘåĜƋƼ with policy reform. X Have strong written and verbal communication skills. X å±ĵƚĹĜÏĜŞ±ĬčŅƴåųĹĵåĹƋĬåč±ĬčåĹåų±ĬĜŸƋ with exposure and/or experience providing legal counsel on utility matters. The ideal candidate will also… UPCOMING PROJECTS FOR THE CITY eŸƋĘåĜƋƼeƋƋŅųĹåƼØƼŅƚƵĜĬĬŞųŅƴĜÚå Ĭåč±ĬÏŅƚĹŸåĬ±ŸƋĘåĜƋƼƵŅųĩŸƋŅƵ±ųÚ accomplishing these long-term goals: X Provide the lowest electrical rate in California by 2030 X Increase residential population X IGYVMRKXLIPSRKXIVQǻRERGMEP stability of the City Resolution No. 2022-25 Page 6 of 18 ________________________ EMPLOYMENT STANDARDS X IƚųĜŸ%ŅÏƋŅų±Ƌå%åčųååüųŅĵ±Ĺ±ÏÏųåÚĜƋåÚĬ±ƵŸÏĘŅŅĬØAND X Seven years of increasingly responsible professional experience in municipal or other government law, including trial experience and experience with utilities, land use, public ĀĹ±ĹÏĜĹčØÏŅĹƋų±ÏƋŸØŞåųŸŅĹĹåĬØ±ĹÚxŅųĬ±ÆŅųųåĬ±ƋĜŅĹŸØAND X eƴ±ĬĜÚ±ĬĜüŅųĹĜ±Ƌ±Ƌå%ųĜƴåųűŸXĜÏåĹŸåØAND X eÏƋĜƴåĵåĵÆåųŸĘĜŞĜĹƋĘå±ĬĜüŅųĹĜ±Ƌ±Ƌå±ųeŸŸŅÏĜ±ƋĜŅĹ Resolution No. 2022-25 Page 7 of 18 ________________________ SALARY& BENEFITS ĘåĜƋƼŅüåųĹŅĹŅýåųŸ±Ĺ annual salary of $266,606– $324,061 DOE/DOQ and ±ÏŅĵŞųåĘåĹŸĜƴåÆåĹåĀƋŸ package including vacation, holiday, and sick leave as well as medical, dental vision, life, and long-term disability insurance. RETIREMENT BENEFIT: åƋĜųåĵåĹƋ ÆåĹåĀƋŸ±ųåŞųŅƴĜÚåÚÆƼƋĘå ±ĬĜüŅųĹĜ±{ƚÆĬĜÏ)ĵŞĬŅƼååŸű åƋĜųåĵåĹƋƼŸƋåĵŠ±Ĭ{)š CAFETERIA BENEFITS PLAN: aŅĹƋĘĬƼ±ĬĬŅƵ±ĹÏåƋŅƵ±ųÚƋĘå ŞƚųÏĘ±ŸåŅü±BakØ{{kØŅųBe medical plan for employee + family ĵåĵÆåųŸţåĵ±ĜĹĜĹč±ĵŅƚĹƋÏ±Ĺ be used toward the purchase of an BakŅų{{k%åĹƋ±ĬŞĬ±Ĺ±ĹÚĜŸĜŅĹ coverage for dependents. Vision coverage is included at no cost to the employee. Supplemental Insurance plans available. HOLIDAY PAY:ŎƐĘŅĬĜÚ±ƼŸŞåų calendar year VACATION: 120–190 hours based on years of employment SICK LEAVE:íǈĘŅƚųŸŞåųƼå±ų ADMINISTRATIVE LEAVE: íǈĘŅƚųŸ per calendar year TUITION REIMBURSEMENT: âƖØƖǈǈţǈǈĜŸ±ƴ±ĜĬ±ÆĬåüŅųÏŅĵŞĬåƋĜŅĹ of job-related college courses OTHER BENEFITS: 4/10 schedule, bereavement leave, and jury duty MISCELLANEOUS BENEFITS: The ĜƋƼŞųŅƴĜÚåŸ±ĹĜĹƋåųåŸƋěüųååĬŅ±Ĺ program for the purchase of a computer, corrective eye surgery, and a hearing aid device HOW TO APPLY +SVǻVWXGSRWMHIVEXMSRETTP] by MAY 24, 2022, at: SAVE THE DATES. Selected candidates must be available for both dates: X ŅƚĹÚŅĹåĜĹƋåųƴĜåƵŸƵĜĬĬƋ±ĩåŞĬ±ÏåƴĜ±ƴĜųƋƚ±ĬĜĹƋåųƴĜåƵŸ and be held on JUNE 20. X ŅƚĹÚƋƵŅĜĹƋåųƴĜåƵŸƵĜĬĬƋ±ĩåŞĬ±ÏåĜĹŞåųŸŅĹŅĹJUNE 27. {Ĭå±ŸåÏŅĹƋ±ÏƋƼŅƚųųåÏųƚĜƋåųØåĹÚĜųŅƵĹØ with any questions: wendi@wbcpinc.com 541.664.0376 ŠÚĜųåÏƋšÈ866.929-WBCPŠƋŅĬĬěüųååšAPPLY HERE Resolution No. 2022-25 Page 8 of 18 ________________________ AT-WILL EMPLOYMENT AGREEMENT (NON-SAFETY) BETWEEN THE CITY OF VERNON AND ZAYNAH N. MOUSSA This Agreement is between the City of Vernon (“City”) and Zaynah N. Moussa (“Employee”). Recitals City desires to employ Employee as an at-will employee in the position of City Attorney. Employee desires to be the City Attorney and acknowledges that such employment is at-will. The City Council, pursuant to the authority granted by the City of Vernon Charter, 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 July 19, 2022 . 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 City Attorney to perform the functions and duties specified in the job description for the position (Attachment “A”, incorporated herein by this reference), as the same may be modified by the City Council, from time to time, and to perform such other legally permissible and proper duties and functions as the City Council shall, from time to time, assign. B. Employee agrees that to the best of her ability and experience that she will, at all times, conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations of the State of California and the United States. C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the City Council, and devote whatever time is necessary to fulfill the employment responsibilities and duties as identified in this Agreement. D. During the term of this Agreement, Employee is required to have and maintain a valid California Driver’s license. E. Employee acknowledges that in connection with the performance of her duties, she will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that she 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. &YIJCJU# Resolution No. 2022-25 Page 9 of 18 ________________________ -2- June 2020 Employee further agrees that if she has a question as to the confidentiality of information obtained in the course of her employment, she will contact the City Council for advice. Section 3:EXCLUSIVE EMPLOYMENT Employee agrees to focus her professional time, ability and attention to City business during the term of this Agreement. Consequently, Employee agrees not to engage in any other business pursuits, whatsoever, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, for compensation, without the prior written consent of the City Council. This does not preclude Employee from volunteering her services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by Employee under this Agreement. Section 4:COMPENSATION As compensation for the services to be rendered by Employee, City agrees to pay Employee a base starting salary of no less than $23,328, per month, 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 Council based upon the City Council’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 (CalPERS) 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 CalPERS. 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 Benefit 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 Council 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 Council for reasons other than physical or mental incapacity, and other than those reasons noted in paragraph E, Resolution No. 2022-25 Page 10 of 18 ________________________ -3- June 2020 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 her 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 her or abuse of her 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 her 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 her office or position. If Employee is provided funds for any legal criminal defense during her employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of her office or position. If this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of her office or position. Section 8: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided she is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of her resignation or retirement. In the event Employee retires or resigns, Employee shall be entitled to payment for earned, but unused, vacation time, but not to severance pay as delineated in Section 6, paragraph B, above. Section 9: DISABILITY If Employee is permanently disabled or otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement; however, the City’s option to terminate under this Section shall be limited by its obligation to engage in the interactive process for reasonable accommodations and to provide reasonable accommodations as required by law. Nothing in this Section shall be construed to limit or restrict Employee’s benefits or rights under workers’ compensation or the California Public Employees Retirement System (“CalPERS”). Resolution No. 2022-25 Page 11 of 18 ________________________ - 4 - June 2020 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 Council City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Zaynah N. Moussa [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 Council. 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 Resolution No. 2022-25 Page 12 of 18 ________________________ - 5 - June 2020 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 July 19, 2022. [Signatures Begin on Next Page]. Resolution No. 2022-25 Page 13 of 18 ________________________ - 6 - June 2020 IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed on its behalf by City Council and executed by the Employee. City of Vernon, a California charter City and California municipal corporation Dated: By: Leticia Lopez, Mayor or Crystal Larios, Mayor Pro Tem ATTEST: Lisa Pope, City Clerk Resolution No. 2022-25 Page 14 of 18 ________________________ - 7 - June 2020 In signing this Agreement, Employee understands and agrees that her employment status is that of an at-will employee and that 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 she was given the opportunity to consult with an attorney prior to signing this Agreement. Signed: Dated: Employee Resolution No. 2022-25 Page 15 of 18 ________________________ - 8 - June 2020 ATTACHMENT A Job Description Resolution No. 2022-25 Page 16 of 18 ________________________ City Attorney Vernon CA 1 of 2 JOB DESCRIPTION City Attorney Date Prepared: March 2014 Class Code: 1110 SUMMARY: Under policy direction, directs and administers the operations of the City Attorney’s Office; acts as the legal representative for all elected and appointed officials and City departments; provides the City Council and City Administrator with the legal advice and legal documents necessary to ensure that policy and objectives are compliant with State, Local and Federal law. CLASS CHARACTERISTICS This single position class is appointed by and serves at the pleasure of the City Council. The City Attorney manages all City legal activities, including civil litigation, whether performed by in-house staff or outside counsel. The incumbent is responsible for personally handling sensitive and complex legal matters and rendering advice and options to the City Council, Boards and Commissions, the City Administrator and others. 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: x Manages the City Attorney’s Office through effective planning and fiscal management; provides leadership, direction and guidance in legal strategies and priorities. x Evaluates and analyzes issues, and recommends and implements solutions regarding the legal implications of all City operations. x Monitors and assures legal documents, activities and procedures are compliant with all laws, ordinances, policies, and regulations. x Provides legal counsel and services to City boards, commissions, the City Council and City departments. x Plans, organizes, administers, reviews and evaluates the activities of professional staff in managing the operation and legal services of the City Attorney’s office; participates as a member of the City’s executive team; assists the Council and staff to achieve their objectives. x Reviews the legal sufficiency of all documents in the City, including ordinances, resolutions, contracts and other legal documents as to form. x Directs the selection, supervision and work evaluation of department personnel; provides for staff training and professional development. x Monitors developments, including proposed legislation and court decisions related to municipal law and activities; and evaluates their impact upon City operations. x Confers with and/or supervises special counsel as needed. x Attends City Council and other commission meetings as required. x Coordinate City Attorney functions with other departments and outside agencies and organizations. x Appear before courts and administrative proceedings to represent the City’s interest as required. x Develops a working knowledge of the specialized work performed by outside counsel on matters such as electrical power generation and transmission. x Ensures absolute confidentiality of work-related issues, and City information; assures compliance with the standards of the Public Records Act. Resolution No. 2022-25 Page 17 of 18 ________________________ City Attorney Vernon CA 2 of 2 x 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: Juris Doctorate Degree from an accredited law school, and seven years of increasingly responsible professional experience in municipal or other government law, including trial experience and experience with utilities, land use, public financing, contracts, personnel and labor relations. Knowledge of: x City organization, operations, policies and procedures. x Thorough knowledge of California municipal and administrative law and procedures. x Applicable state and federal statutes, rules, codes and regulations. x Principles and methods of legal research and investigations. x Legal, ethical and professional rules of conduct for public sector employees x Judicial procedures and the rules of evidence; the pleading and practice of effective presentation of court cases. Skill in: x Interpreting and applying local, state and federal laws and constitutional provisions affecting municipal operations. x Presenting legal issues and analysis in a manner that can be understood and used by non-lawyers. x Communicating effectively, both orally and in writing. • Assuring the City's compliance with all laws, regulations, and rules. • Managing staff, delegating tasks and authority, and coaching to improve staff performance. • Assessing and prioritizing multiple tasks, projects and demands. • Establishing and maintaining effective working relationships with other City employees, public officials, government agency representatives, and the public. x Defining issues, performing legal research, and analyzing problems. x Evaluating alternatives and making sound recommendations; present statements of fact, law and argument clearly and logically. x Exercising sound judgment within general policy guidelines and legal parameters. x Representing the City effectively in hearings, courts of law and in meetings with others. x Investigating, analyzing and resolving complex and sensitive issues and complaints. x Exercising controlled discretion and mediating difficult situations. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver’s License is required. Active membership in the California State Bar Association. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment. Resolution No. 2022-25 Page 18 of 18 ________________________ City Council Agenda Item Report Submitted by: Michael Earl Submitting Department: Human Resources Meeting Date: July 19, 2022 SUBJECT Appointment of Zaynah N. Moussa as City Attorney Recommendation: Adopt Resolution No. 2022-25 appointing Zaynah N. Moussa to serve as City Attorney for the City of Vernon effective July 19, 2022, and approving and authorizing the execution or a related at-will employment agreement. Background: On February 1, 2022, the City Council directed staff to secure the services of an executive recruiting firm to conduct a recruitment for the position of City Attorney. Quotes were solicited from executive recruiting firms that specialize in public sector executive recruitment and following a review of the proposals submitted, the Finance Director and City Administrator approved an agreement with Wendi Brown Creative Partners, Inc. (WBCP) to conduct the recruitment. WBCP solicited input from a cross-section of community stakeholders to develop a candidate profile for recruitment of the next City Attorney. WBCP received a total of 29 applications from a group of very well qualified candidates possessing a variety of municipal government legal experience, including from current City Attorneys, Assistant City Attorneys, and senior attorneys from other public agencies. WBCP staff conducted phone screening interviews with 18 candidates. Following the initial screening, 15 candidates' profiles were reviewed with the City Council in closed session at its meeting of June 7, 2022. From that meeting, six candidates were recommended for interviews with a panel of internal and external subject matter experts; panel interviews were conducted on June 20, 2022. The interview panel recommended two candidates for further consideration. The two finalists had informal meetings with the City Administrator on June 23, 2022 and interviewed with the City Council in closed session at a Special City Council Meeting on June 27, 2022. At the conclusion of the City Council interviews, the City Council directed the City Administrator and Director of Human Resources to negotiate an at-will employment agreement with their desired candidate, Zaynah N. Moussa. Zaynah N. Moussa has spent her entire career representing municipalities. She began her legal career at a private law firm working for public entities and focusing on litigation defense work with a specialization in high-exposure police defense and municipal liability cases involving allegations of excessive force, wrongful death, and dangerous conditions of public property. Ms. Moussa joined the City of Vernon City Attorney’s Office in 2013 as part of the City’s broad implementation of good governance measures. She has played a key role in moving the City forward in its goals towards becoming a model municipal government. She has been instrumental in developing and implementing new personnel policies, developing and standardizing template forms and contracts, as well as procurement policies and purchasing standards. Ms. Moussa has also provided sound legal advice in the area of labor and employment law assisting in the labor negotiations process, the transition of the City’s fire 1 services to Los Angeles County, and advising the City in arbitration and civil litigation matters. Since July of 2021, Ms. Moussa has served as Interim City Attorney and, as such, has managed all City legal activities, including the City’s re-acquisition of the Malburg Generation Station powerplant. During her term as Interim City Attorney, Ms. Moussa has greatly improved internal customer service to the City’s various departments, and has significantly reduced the City’s overall legal expenses. Ms. Moussa’s commitment to the success of the City of Vernon is unwavering. Ms. Moussa has a Bachelor's Degree in Political Science from the University of Southern California and a Juris Doctor Degree from Loyola Law School. Fiscal Impact: The estimated annual cost for the City Attorney is approximately $316,188 including salary and benefits ($279,936 base salary and $36,252 in benefit costs). Sufficient funds for the appointment of the City Attorney and approval of an At-Will Employment Agreement are available in the General Fund, City Attorney's Office Fiscal Year 2022-2023 budget. Attachments: 1. Resolution No. 2022-25 2