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Resolution No. 2025-010RESOLUTION NO. 2025-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING GENOVEVA ROCHA TO SERVE AS THE CITY CLERK OF THE CITY OF VERNON AND APPROVING AND AUTHORIZING THE EXECUTION OF A RELATED AT-WILL EMPLOYMENT AGREEMENT SECTION 1. Recitals. A. The City Clerk position has been vacant since June 2024. B. On March 19, 2024, the City Council of the City of Vernon adopted Resolution No. 2024-003 appointing Deborah A. Harrington to serve as Interim City Clerk until the City completed its recruitment process and filled the position on a permanent basis. C. On or about August 21, 2024, the City retained the services of Bob Murray & Associates (Bob Murray) to conduct a recruitment for the position of City Clerk for the City of Vernon. D. Bob Murray 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 top three candidates participated in a dual panel interview process on February 19, 2025, and the top two candidates moved forward to a final interview with the City Administrator on February 27, 2025. F. The City Administrator of the City of Vernon has determined Genoveva Rocha (Rocha) to be the most qualified candidate for the position of City Clerk and desires to appoint Rocha to serve as the City Clerk, effective April 21, 2025. G. At its regular City Council meeting on April 15, 2025, prior to taking final action to adopt this resolution, the City Council received an oral report summarizing the recommended appointment and compensation, in accordance with Government Code Section 54953(c)(3). 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 Genoveva Rocha to serve as the City Clerk of the City of Vernon, effective April 21, 2025. SECTION 4. The City Council hereby approves and authorizes the execution of the At-Will Employment Agreement with Genoveva Rocha to serve as City Clerk of the City of Vernon, in substantially the same form as attached hereto as Exhibit B. SECTION 5. The Interim City Clerk, or any authorized officer, shall administer the Oath of Office prescribed in the Constitution of the State of California to Rocha 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 Interim City Clerk, or the Interim City Clerk’s designee, to give a fully executed Agreement to Rocha. SECTION 7. All resolutions or parts of resolutions not consistent with or in conflict with this resolution are hereby repealed. SECTION 8. The Interim City Clerk or Deputy City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED April 15, 2025. ________________________ JUDITH MERLO, Mayor ATTEST: YONNIE PARKER, Deputy City Clerk (seal) APPROVED AS TO FORM: ZAYNAH N. MOUSSA, City Attorney Resolution No. 2025-010 Page 2 of 19 ___________________ I CERTIFY THAT RESOLUTION NO. 2025-010 was passed and adopted by the City Council of the City of Vernon at the Regular Meeting on April 15, 2025, by the following vote: AYES: 3 Council Members: Lopez, Ybarra, Merlo NOES: 0 ABSENT: 2 Council Members: Larios, Rivera ABSTAIN: 0 ________________________________ YONNIE PARKER, Deputy City Clerk (seal) Resolution No. 2025-010 Page 3 of 19 ___________________ Resolution No. 2025-010 Page 4 of 19 ___________________ Resolution No. 2025-010 Page 5 of 19 ___________________ Resolution No. 2025-010 Page 6 of 19 ___________________ Resolution No. 2025-010 Page 7 of 19 ___________________ AT-WILL EMPLOYMENT AGREEMENT (NON-SAFETY) BETWEEN THE CITY OF VERNON AND GENOVEVA ROCHA This At-Will Employment Agreement (Agreement) is between the City of Vernon (City) and Genoveva Rocha (Employee). Recitals City desires to employ Employee as an at-will employee in the position of City Clerk. Employee desires to be the City Clerk 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 Monday, April 21, 2025. 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 Clerk to perform the functions and duties specified in the job description for the position (Attachment “A”, incorporated herein by this reference), as the same may be modified by the City Administrator, from time to time, and to perform such other legally permissible and proper duties and functions as the City Administrator shall, from time to time, assign. B. Employee agrees that to the best of 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 Administrator, and devote whatever time is necessary to fulfill the employment responsibilities and duties as identified in this Agreement. Resolution No. 2025-010 Page 8 of 19 ___________________ 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. 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 Attorney 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 Administrator. 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 $219,467, 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. Employee shall receive cost of living adjustments (COLAs) that are received by City executive staff, if any. 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. Classic CalPERS member employees currently Resolution No. 2025-010 Page 9 of 19 ___________________ pay an 8% employee contribution and a 3% share of the employer contribution. PEPRA CalPERS member employees currently pay a 7% employee contribution. 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, Executive Leave, Holidays, Sick Leave, Medical and Dental Insurance, Retiree Health benefits, Life Insurance, Flexible Benefits Plans, Vision Care, Other Leaves, Deferred Compensation at employee cost, and other types of leave in accordance with the Citywide Fringe Benefits Policy and Personnel Policies and Procedures Manual. The benefits set forth in the City’s current Citywide Fringe Benefits Policy, shall be the minimum benefits provided to Employee, subject to any future enhancements or increases as may be approved and adopted by the City Council. Upon Employee’s hire date, Employee shall receive credit for all previous full- time years of service in other CalPERS public agencies for purposes of determining Employee's eligibility for Retiree Health benefits and in determining Employee’s accrual rate and eligibility for Sick Leave and Vacation time, as provided in the Citywide Fringe Benefits Policy. In addition, upon the effective date of this Agreement, Employee shall receive an initial balance of 80 hours of Vacation time and 80 hours of Sick leave during her first year of City employment, which cannot be cashed out and shall not carry over to the next calendar year. 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 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 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 Resolution No. 2025-010 Page 10 of 19 ___________________ 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 and any sick leave if Employee meets the eligibility criteria for this type of leave payout. 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: CONFLICT OF INTEREST PROHIBITION Employee understands and agrees that because of the duties of Employee within and on behalf of the City of Vernon, Employee shall not, during the term of this Agreement, individually, as a partner, joint venture, officer or shareholder, invest or participate in any project, development, or venture conducting business within the corporate limits of the City of Vernon or within real property owned by the City of Vernon, except for stock ownership in any company whose capital stock is publicly held and regularly traded, without prior written approval of the City Council and compliance with all applicable state and local regulations governing financial conflicts of interest. Employee further agrees not to invest in any real estate or property improvements within the corporate limits of the City of Vernon or on real property owned by the City of Vernon without prior written consent of the City Council. Section 9: 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, and any sick leave if Employee meets the eligibility criteria for this type of leave payout, but not to severance pay as delineated in Section 6, paragraph B, above. Resolution No. 2025-010 Page 11 of 19 ___________________ Section 10: 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 Public Employees Retirement System (“PERS”). However, as delineated in Section 6 of this Agreement, an employee terminated under this section is not eligible for severance pay. In cases of disability, Employee shall be compensated for any earned, but unused, vacation leave, and any sick leave if Employee meets the eligibility criteria for this type of leave payout. Section 11: 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 U.S. Mail with postage prepaid. Such notice shall be addressed as follows: TO CITY: City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Genoveva Rocha [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. Resolution No. 2025-010 Page 12 of 19 ___________________ 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 Monday, April 21, 2025. [Signatures Begin on Next Page]. Resolution No. 2025-010 Page 13 of 19 ___________________ 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: Brian Saeki, City Administrator ATTEST: Yonnie Parker, Deputy City Clerk APPROVED AS TO FORM: Zaynah Moussa, City Attorney Resolution No. 2025-010 Page 14 of 19 ___________________ 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. 2025-010 Page 15 of 19 ___________________ ATTACHMENT A Job Description Resolution No. 2025-010 Page 16 of 19 ___________________ JOB DESCRIPTION City Clerk Date Prepared: March 2014 Class Code: 1310 SUMMARY: Under general direction of the City Administrator, to plan, direct, supervise, and coordinate all activities of the City Clerk’s Office relating to Council meetings, City elections, and public records in accordance with applicable laws, codes, policies, and procedures, and to do related work as required. 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: Serve as Clerk to the City Council. Coordinate the preparation of Council agendas and supporting material including public notification, technical and legal documents; attend agenda conference; publish, issue, and post final agenda. Direct the preparation, publication, distribution, filing, indexing, and safekeeping of Council proceedings, minutes, and actions. Plan and direct the processing of ordinances, resolutions, bond issues, annexations, vacations, assessments, charter amendments, initiatives, referendum, recall petitions, and other related documents. Maintain the City Municipal Code; certify City documents; attest to proper execution of all public documents. Serve as the custodian of the City Seal, official City records, and official municipal documents; plan and direct the City’s records retention/preservation program in compliance with legal requirements and City policy. Oversee the processing of all appointments, resignations, and terminations for all official boards, commissions, and committees; administer oaths and affirmations. Plan and direct municipal elections including managing the dissemination, and return of ballots and the filing of all required technical documents; oversee and/or perform notary public duties. Serve as filing officer and official for state and local campaign statements and conflict of interest codes of the City Council advisory bodies and all designated employees under the Political Reform Act. Receive and process petitions, claims against the City, and lawsuits. Analyze, review, and make recommendations regarding office procedures. Prepare, administer, and control department budget. Resolution No. 2025-010 Page 17 of 19 ___________________ Coordinate City Clerk activities with other City departments, divisions, and with outside agencies. Verifies official City activities are in compliance with federal and state laws and regulations, and City policies; works independently and makes appropriate decisions based on knowledge of City policies; performs duties within scope of authority. Assures the absolute confidentiality of City's confidential records and information. Assures that security protocols are followed, and all reports and paperwork are completed in a timely manner; updates, corrects, retrieves, and releases information according to procedures. 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 or Business Administration, or closely related field; AND five years of responsible experience involving the administration of a City Clerk or similar municipality office including at least three years of supervisory experience. Knowledge of: City organization, operations, policies, and procedures. Federal and state laws and statutes governing municipal operations, public records, and open meetings, including California Public Employment Relations Board, the Meyers-Milias- Brown Act, California Public Records Act, California Elections Code, California Political Reform Act and the Federal Voter Rights Act. City ordinances, codes, policies, resolutions, and agreements. Federal and state laws and regulations governing City administration and elections. Parliamentary practices and procedures governing public meetings. Principles and practices of record keeping, records management, and records retention. Principles and practices of confidential records management, and security precautions in the public sector. Legal, ethical and professional rules of conduct for public sector employees and elected officials. Customer service principles, protocols, and methods. Business computers, and standard and specialized software applications. Skill in: Explaining and applying state and Federal rules and regulations and statutory standards. Researching, reviewing, correcting, and maintaining complex and extensive public records. Monitoring the City’s compliance with all laws, regulations, and rules. Assessing and prioritizing multiple tasks, projects and demands. Dealing tactfully and courteously with those seeking information about City functions and activities. Resolution No. 2025-010 Page 18 of 19 ___________________ Exercising sound, independent judgment within general policy guidelines. Establishing and maintaining effective working relationships with the City Clerk and City Attorney, co-workers, City Council, Mayor, City Administrator, City departments and staff, regional government agencies, and the public. Communicating effectively verbally and in writing. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver’s License is required. Notary Public license. Certified Municipal Clerk (CMC) Certificate is desirable. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment. Resolution No. 2025-010 Page 19 of 19 ___________________ City Council Agenda Report Meeting Date:April 15, 2025 From:Lisette Grizzelle, Interim Director of Human Resources Department:Human Resources Submitted by:Lisette Grizzelle, Interim Director of Human Resources Subject Appointment of Genoveva Rocha as City Clerk Recommendation Adopt Resolution No. 2025-010 appointing Genoveva Rocha to serve as City Clerk of the City of Vernon effective April 21, 2025, and approving and authorizing the execution of a related at-will employment agreement. Background Following the departure of the former City Clerk in 2024, the City’s Human Resources Department initiated a Request for Proposal for Recruitment Firms to conduct four executive level recruitments, City Clerk being one of the four recruitments. The City selected Bob Murray and Associates (Vendor) to conduct the City Administrator, City Clerk, Director of Finance/City Treasurer and Director of Human Resources recruitments. Recruitment Summary The recruitment period to fill this vacancy began December 10, 2024, and ran through January 12, 2025. Bob Murray and Associates received 63 resume and questionnaire packets. Following an in-depth review of the resumes and questionnaires submitted, five candidates moved forward as highly qualified. Of the five highly qualified candidates, two withdrew and three were invited to participate in a dual panel interview process consisting of City and external evaluators on Wednesday, February 19, 2025. A final interview with the top two candidates was conducted by the City Administrator on February 27, 2025. The City Administrator has recommended the appointment of Genoveva Rocha to serve as the City Clerk for the City of Vernon. At-Will Employment Agreement The At-Will Employment Agreement for City Clerk has been presented to Ms. Rocha and is included as Exhibit B to Resolution No. 2025-010. The agreement establishes an effective start date of April 21, 2025, and a starting salary of $219,467 per year, plus all benefits provided to executive personnel. The proposed agreement is consistent with other City of Vernon executive employment agreements, albeit with the following exception: Added language to Section 5B indicating Employee shall receive an initial balance of 80 hours of Vacation time and 80 hours of Sick leave during her first year of City employment, which cannot be cashed out and shall not carry over to the next calendar year. Candidate Summary Genoveva Rocha has approximately ten years of experience working for the City of San Bernardino in a City Clerk’s office in management level positions ranging from Deputy City Clerk, Chief Deputy City Clerk, Acting City Clerk and currently City Clerk. Ms. Rocha holds a Bachelor’s Degree in Public Administration from the University of La Verne. She also possesses the following certifications: California Professional Municipal Clerks Certified Municipal Clerk Records Management Certificate Notary Commission Given Ms. Rocha’s qualifications and considerable experience in a public sector City Clerk office, she is well suited to meet the needs of the City and lead the City Clerk Department. At its regular City Council meeting on April 15, 2025, prior to taking final action to approve this resolution, the City Council received an oral report summarizing the recommended appointment and compensation, in accordance with Government Code Section 54953(c)(3). Fiscal Impact The fiscal impact is estimated at approximately $280,897 including salary and benefits ($224,267 base salary and $56,630 in benefit costs). Sufficient funds for the appointment of the City Clerk are available in the General Fund, City Clerk Department, Salaries, Taxes, and Benefit Accounts for current fiscal year and will be budgeted in subsequent fiscal years. Attachments 1. Resolution No. 2025-010