HomeMy WebLinkAboutCC Resolution 13277 (Police Chief Employment Agr.)RESOLUTION NO. 13277
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE
MAYOR AND CITY MANAGER TO EXECUTE AN EMPLOYMENT AGREEMENT WITH THE
CHIEF OF POLICE
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS:
The MAYOR, CITY MANAGER, and CITY CLERK are authorized to execute, on behalf of the City of
San Rafael , an agreement with Diana Bishop to serve as the Chief of Police for the City of San Rafael, a
copy of which is hereby attached and by this reference made a part hereof.
I, Esther Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was
duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on
Monday, the 19" day of December, 2011, by the following vote, to wit:
AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ESTHER BEIRNE, City Clerk
CHIEF OF POLICE EMPLOYMENT AGREEMENT
Between the City of San Rafael and
Diana Bishop
Dated
December 19, 2011
1) PARTIES AND DATES...................................................................................................... 3
2) EMPLOYMENT.................................................................................................................. 3
3) TERM..........................................................................................................................3
4) COMMITMENTS AND UNDERSTANDINGS......................................................................3
A) CHIEF OF POLICE COMMITMENTS..................................................................... 3
B) CITY COMMITMENTS.................................................................................................. 4
C) MUTUAL COMMITMENTS........................................................................................... 5
5) COMPENSATION.............................................................................................................. 5
A) COMPENSATION & REQUIRED EMPLOYER COSTS................................................5
B) BENEFITS.............................................................................................................. 5
6) SECURITY..........................................................................................................................7
A) PENSION - (MCERA)................................................................................................7
B) DEFERRED COMPENSATION.....................................................................................7
C) INSURANCE..................................................................................................................7
7) SEPARATION....................................................................................................................7
A) RESIGNATION RETIREMENT...................................................................................7
B) TERMINATION& REMOVAL.......................................................................................8
C) SEVERANCE PAY......................................................................................................8
D) INVOLUNTARY RESIGNATION....................................................................................8
E) SEPARATION FOR CAUSE........................................................................................8
F) PAYMENT OF UNUSED LEAVE BALANCES..............................................................8
EMPLOYMENT AGREEMENT — Diana Bishop
8) MISCELLANEOUS PROVISIONS......................................................................................9
A) AMENDMENTS.............................................................................................................9
B) CONFLICT OF INTEREST.............................................................................................9
C) INDEMNIFICATION.......................................................................................................9
D) SEVERABILITY........................................................................................................... 10
E) JURISDICTION AND VENUE..................................................................................... 10
F) ENTIRE AGREEMENT................................................................................................ 10
G) NOTICE....................................................................................................................... 10
EXECUTION.....................................................................................................................11
EMPLOYMENT AGREEMENT — Diana Bishop
CHIEF OF POLICE EMPLOYMENT AGREEMENT
Between the
City of San Rafael
And
Diana Bishop
RECITALS
1) Parties and Date - This Agreement is entered into as of December 19, 2011, but shall
become effective on the date specified below in Paragraph 3, by and between the City of
San Rafael a municipal corporation ("City"), and Diana Bishop ("Bishop" or "Chief of
Police"). The City and Chief of Police are referred to hereinafter as "Party", and
collectively as "Parties."
A) The City desires to employ Bishop as its Chief of Police and has met and conferred
with her, and performed all necessary pre-employment background and reference
checks required for appointment to this highly sensitive and important City position;
and
B) Bishop possesses the necessary education, experience, skills and judgment to serve
as the City's Chief of Police; and
C) The Parties hereto desire to enter into and execute this Agreement pursuant to the
authority of and subject to the provisions contained in California Government Code
Section 53260 et seq; and
D) NOW THEREFORE, the Parties hereto do HEREBY AGREE AS FOLLOWS:
2) Emplovment - The City hereby offers to employ and Bishop agrees to become employed
by City, as its Chief of Police, and Bishop does hereby accept such employment on the
terms and conditions, recited hereinafter.
3) Term- The Agreement shall be come effective and commence on January 9, 2012, and
continue until such time as thereafter terminated pursuant to the terms and provisions set
forth in this Agreement.
4) Commitments and Understandings
A) Police Chief's Commitments
(1) Duties & Authority
(a) The Chief of Police shall serve under the sole direction and supervision of the
City Manager.
(b) The Chief of Police shall perform all of the duties and functions specified and
set forth in Article VIII, Section 6 of the City's Charter and Section 2.08.170 of
the San Rafael Municipal Code, pertinent provisions of the California
Government Code, applicable City policies and procedures adopted and/or
approved by the City Council and/or City Manager, from time to time
throughout the duration of this Agreement.
EMPLOYMENT AGREEMENT — Diana Bishop
(c) The Chief of Police shall administer and enforce Police Department policies
established by the City Council and/or City Manager and promulgate rules and
regulations as necessary to implement such policies.
(2) Hours of Work
(a) The Chief of Police is an exempt employee in City government; however it is
expressly agreed to and understood that she is expected to engage in all
hours of work necessary to fulfill the obligations of the position. The position
does not have set hours of work and the Chief of Police is expected to be
available at all times.
(b) It is recognized that the Chief of Police must devote a substantial amount of
time to the business of the City outside the City's customary business working
hours. Therefore, the Chief of Police's schedule of work each day and week
shall vary in accordance with the work required to be performed. The Chief of
Police shall spend sufficient hours on site to perform her duties.
(c) The Chief of Police shall not spend more than 12 hours per month in teaching,
consulting, speaking, or involved in any other non -City connected business or
venture without the express prior written consent of the City Manager.
(3) Disability or Inability to Perform
(a) In the event the Chief of Police becomes mentally and/or physically incapable of
performing the Chief of Police's functions and duties, taking into account
reasonable accommodation, and it appears to the City that such incapacity will
last for more than six (6) months, the City may terminate the Chief of Police. If
the City Council does elect to terminate the Chief of Police due to such
incapacity, the Chief of Police shall be entitled to receive all severance
benefits provided in Section 7.0 below.
B) City Commitments
(1) The City shall provide the Chief of Police with the compensation, incentives and
benefits, specified in this Agreement, as may be from time to time amended.
(2) The City shall pay for or provide the Chief of Police reimbursement for all actual
business expenses incurred in connection with all official City business conducted
by the Chief.
(3) The City agrees to pay, on behalf of the Chief, the professional dues, subscriptions,
travel and subsistence expenses as may be necessary for the Chief of Police's full
participation in national, regional, state, and/or local associations and/or
organizations necessary and desirable for the Chief of Police's continued
professional growth and advancement. Said reimbursement includes
governmental groups and committees upon which the Chief of Police serves or
may serve as a member. Said expense reimbursement shall include such
instructional courses, institutes and/or seminars that are necessary for
professional development of the Chief of Police. After completion of two years of
service with the City, Bishop will be granted a one-time allowance of up to $15,000
to pursue educational goal(s), provided that Bishop receives a grade of "B" or
better in each course and that she provides appropriate receipts and
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documentation for such expenses and that they are first reviewed and approved
by the City Manager prior to reimbursement.
C) Mutual Commitments
(1) Performance Evaluation
(a) Annual performance evaluations are an important way for the City Manager and
Chief of Police to ensure effective communication concerning job expectations
and performance. To assure that she receives this information, the City
Manager shall conduct an evaluation of the Chief of Police's performance at
least once each year.
5) COMPENSATION - The City agrees to provide the following initial compensation to the
Chief of Police during the term of the agreement:
A) Compensation & Required Employer Costs
(1) Base Salary
(a) The annual salary for the position of Chief of Police shall be established by a
Resolution of the City of San Rafael Resolution Establishing The
Compensation And Working Conditions For Unrepresented Management
Employees (hereafter "Management Resolution") of the City Council in order
to comply with Section 2.08.180 of the City's Municipal Code. The annual
salary, on appointment, shall be set at $151,884 (Step E of the current Chief of
Police salary range). This salary may be adjusted via a separate action of the
City Council revising the Management Resolution, and shall be reflected in the
salary range identified in said San Rafael Unrepresented Management Salary
Schedule throughout the term of this Agreement.
(2) Required Employer Costs- the following costs shall be paid by City on behalf of the
Chief of Police:
(a) Federal Insurance Contributions Act (FICA) (if applicable).
(b) Medicare.
(c) Unemployment Compensation.
(d) The cost of any fidelity or other bonds required by law for the Chief of Police.
(e) The cost to defend and indemnify the Chief of Police as provided in Section
8.0 below.
(f) Workers Compensation.
. .-
(1) Holidays - The Chief of Police shall be entitled to paid holidays in accordance with
the provisions of the Management Resolution (currently eleven designated
holidays and two floating holidays).
(2) Leave Allowance
EMPLOYMENT AGREEMENT — Diana Bishop
(a) The Chief of Police shall receive the same vacation accrual and benefits as
provided in the Management Resolution, except that the Chief of Police will
accrue 20 (twenty) days of vacation per year, upon commencement of
employment, which accrual shall increase in accordance with the City of San
Rafael's policy for the Unrepresented Management class of City employees.
Bishop shall begin employment with a bank of 10 vacation days.
(b) The Chief of Police shall receive the same sick leave accrual and benefits as
provided in the Management Resolution. The sick leave accruals will be 7.5
hours per month. Any unused Credited Sick Leave shall be applied toward
service credit at the time of Bishop's retirement, and subject to retirement
provisions, as specified relating thereto, by the MCERA. Sick leave has no
cash value.
(c) The Chief of Police shall be entitled to administrative leave (7-10 days per year)
each year in accordance with such leave provided in the Management
Resolution.
(d) The Chief of Police shall have the option to convert any accrued vacation or
administrative leave balance at any time during her employment tenure at the
discretion of the City Manager and in accordance with in the Management
Resolution.
(3) Automobile - The Chief of Police shall be provided an automobile for her use in
connection with City -related business and/or functions during, before, and/or after
normal work hours. The automobile shall be a type and model consistent with
policies established by the City's Fleet Advisory Board and said vehicle shall also
be approved by the City Manager. The City shall maintain the automobile in such
manner and to such standards that it is always in a safe and reliable condition for
the Chief of Police's use and shall pay all fuel and associated maintenance costs
of said vehicle.
Alternatively, the Chief of Police shall be entitled to $350 per month as Auto
Allowance as described in the Management Resolution.
(4) Uniform Allowance - The Chief of Police will receive a uniform allowance for each
six (6) months of service ending June 30 and December 31. The uniform
allowance will be $400.00 ($800.00 per year). A pro -rated portion of the allowance
may be given for the first and last six (6) months of service based upon the
approval of the City Manager or designee.
(5) Benefits that Accrue to Other Employees - The Chief of Police shall be entitled to
all benefits, rights, and privileges accorded to safety Management employees,
including, but not limited to, group health and dental insurance, except as
otherwise provided in this Agreement (See Attachment A). To the extent the
benefits contained herein exceed the benefits in the Management Resolution, this
Agreement shall control.
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EMPLOYMENT AGREEMENT — Diana Bishop
6) SECURITY
A) Pension - Marin County Employee Retirement Association (MCERA)
(1) The Chief of Police shall be considered a safety employee as the position relates to
the Marin County Employee Retirement Association (MCERA). The City shall pay
only the City's share for participation in the Marin County Employee Retirement
Association and the Chief of Police shall pay the employee portion.
B) Deferred compensation
(1) Section 401 (a) Plan
(a) The City shall make available, and contribute amounts each pay period to an
Internal Revenue Code Section 401 (a) Plan as established by the City,
consistent with the Management Resolution.
(2) Internal Revenue Code Compliance - All provisions of Sections 6.A and 6.13 are
subject to all of the applicable provisions and limitations of the Internal Revenue
Code and its related regulations, as may be amended from time to time. No
requirement of any provision of Sections 6.A and 6.13 shall be effective if it would
violate any provision of the Internal Revenue Code or its related regulations, and
the inability of the City to effectuate such requirements for such reasons shall not
constitute a breach of this Agreement.
C) Insurance
(1) Disability Insurance. Long Term Disability insurance is to be provided as identified
in the Management Resolution.
(2) Life Insurance. Term life insurance shall be provided at the Department Director
level, as identified in the Management Resolution
7) SEPARATION
A) Resignation/ Retirement - The Chief of Police agrees to provide the City at least 45
days advance written notice of the effective date of her determination to resign , unless
the Parties otherwise agree in writing to a different notice provision. If the Chief of
Police retires from full time public service with the City, then she may provide six
months' advance notice if she chooses. The Chief of Police's actual retirement date
shall be mutually agreed to and established.
B) Termination & Removal —
(1) It is expressly understood that the Chief of Police is an at -will employee of the City,
serving at the pleasure of the City as provided in Government Code Section
36506.
(2) The City Manager may remove the Chief of Police at any time, with or without
cause. Notice of termination shall be provided to the Chief of Police in writing.
(3) Given the at -will nature of the position of Chief of Police, an important element of
the employment agreement pertains to termination. It is in both the City's interest
and that of the Chief of Police that any separation of the Chief of Police be
accomplished in a dignified and businesslike manner.
IN
EMPLOYMENT AGREEMENT — Diana Bishop
C) Severance Pay
(1) In the event the Chief of Police is terminated by the City during such time as the
Chief of Police continues to be willing and able to perform her duties under this
Agreement, then, and in that event, the City agrees to pay the Chief of Police a
lump sum cash payment in an amount equal to six (6) months' base salary.
(2) All payments required under Sections 7.0 (1), are subject to and shall be
interpreted to comply with the limitations set forth in Government Code Section
53260.
D) Involuntary Resignation
(1) In the event that the City requests that the Chief of Police resign, then she shall be
entitled to resign and shall remain entitled to receive the severance benefits
provided in Section 7.0 above.
E) Separation for Cause
(1) Notwithstanding the provisions of Section 7.C, the Chief of Police may be
terminated for cause. As used in this Section, "cause" shall mean one or more the
following:
(a) Conviction of a felony;
(b) Conviction of any illegal act involving moral turpitude or personal gain;
(c) A plea of nolo contendere to any felony or illegal act involving moral turpitude or
personal gain;
(d) Any act constituting a knowing and intentional violation of City's conflict of
interest code;
(e) Continued abuse of non-prescription drugs or alcohol that materially affects the
performance of the Chief of Police's duties; or
(f) Repeated and protracted unexcused absences from the Chief of Police's office
and duties.
(2) In the event the City terminates the Chief of Police for cause, then the City may
terminate this Agreement immediately, and the Chief of Police shall be entitled to
only the compensation accrued up to the date of termination, payments required
by Section 7.F below, and such other termination benefits and payments as may
be required by law. The Chief of Police shall not be entitled to any severance
benefits provided by Section 7.C.
F) Payment for Unused Leave Balance
(1) On separation from City employment, the Chief of Police shall be paid for all
unused accrued leave allowances provided in Section 5.13 (2) above. Accumulated
leave balances shall be paid at the Chief of Police's monthly salary rate on the
effective date of separation.
A) Amendments - This Agreement may be amended at any time by mutual written
agreement of the City and the Chief of Police.
EMPLOYMENT AGREEMENT — Diana Bishop
B) Conflict of interest
(1) The Chief of Police shall not engage in any business or transaction or have a
financial or other personal interest or association, direct or indirect, which is in
conflict with the proper discharge of her official duties or which would tend to
impair independence in the performance of her official duties.
(2) The Chief of Police shall also be subject to the conflict of interest provisions of the
California Government Code and any conflict of interest code applicable to the
Chief of Police's employment with the City.
(3) The Chief of Police is responsible for submitting to the City Clerk the appropriate
Conflict of Interest Statements at the time of appointment, annually thereafter, and
at the time of separation from the position.
C) Indemnification
(1) The City shall defend, save harmless and indemnify the Chief of Police from any
claim, demand or other legal action, whether groundless or otherwise, arising out
of an alleged act or omission occurring within the course and scope of the Chief of
Police's performance of her duties as Chief of Police, pursuant to and in
accordance with Government Code sections 995 through 996.6 and Government
Code section 825.
(2) Whenever the Chief of Police shall be sued for damages arising out of the
performance of her duties, the City shall provide a legal defense for the Chief of
Police in such suit and indemnify the Chief of Police from any judgment rendered
against the Chief of Police; provided that such indemnity shall not extend to any
judgment for damages arising out of any willful wrongdoing. This indemnification
shall extend beyond termination of employment and the otherwise expiration of
this Agreement to provide protection for any such acts undertaken or committed in
the Chief of Police's capacity as Chief of Police, regardless of whether the notice
of filing of a lawsuit occurs during or following employment with the City. This
indemnity provision shall survive the termination of the Agreement and is in
addition to any other rights or remedies that the Chief of Police may have under
the law.
(3) The City and all parties claiming under or through it, hereby waives all rights of
subrogation and contribution against the Chief of Police, for all matters while
acting within the scope of the Chief of Police's duties, from all claims, losses and
liabilities arising out of or incident to activities or operations performed by or on
behalf of the City or any party affiliated with or otherwise claiming under or through
it, regardless of any prior, concurrent, or subsequent active or passive negligence
by the Chief of Police.
D) Severability - If any clause, sentence, part, section, or portion of this Agreement is
found by a court of competent jurisdiction to be illegal or unenforceable, such clause,
sentence, part, section, or portion so found shall be regarded as though it were not part of
this Agreement and the remaining parts of this Agreement shall be fully binding and
enforceable by the Parties hereto.
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EMPLOYMENT AGREEMENT — Diana Bishop
E) Jurisdiction and Venue - This Contract shall be construed in accordance with the laws
of the State of California, and the Parties agree that venue shall be in Marin County,
California.
F) Entire Agreement - This Contract represents the entire agreement of the Parties, and
no representations have been made or relied upon except as expressly set forth herein.
This Contract may be amended or modified only by a written, fully executed agreement of
the Parties.
G) Notice - Any notice, amendments, or additions to this Agreement, including change of
address of either party during the term of this Agreement, which the Chief of Police or the
City shall be required, or may desire, to make shall be in writing and shall be sent by
prepaid first class mail or hand delivered to the respective Parties as follows:
(a) If to the City:
City Manager
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
With a copy to the City Attorney
(b) If to the Chief of Police:
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
H
EMPLOYMENT AGREEMENT — Diana Bishop
EXECUTION:
IN WITNESS WHEREOF, the City of San Rafael has caused this Agreement to be
duly executed by its Mayor and the Chief of Police, and duly attested by its City Clerk, the
day and year first written above.
EMPLOYER - CITY OF SAN RAFAEL
By:
Gary�'Phillios, Mayor
By:
Nancy Mackie,,, City Manager
ATTEST:
Esther Beirne, City Clerk
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06.6 j 0 0 all 8
Robert F. Epstein, City Attorney
POLICE CHIEF
Diana Bishop, Chief of Police