HomeMy WebLinkAboutCM Fire Chief AppointmentFIRE CHIEF EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF SAN RAFAEL AND DARIN M. WHITE
THIS AGREEMENT is made and entered into this day of , 2020, by
and between the City of San Rafael, a municipal corporation ("City"), and ❑ rin M.
White ("White" or "Fire Chief). In this Agreement, the City and White may each be
referred to individually as a "Party", and collectively as the "Parties."
RECITALS
A) The City desires to employ White as its Fire Chief and has conferred with him
and performed all necessary pre-employment background and reference checks
required for appointment to this highly sensitive and important City position.
B) White possesses the necessary education, experience, skills and judgment to
serve as the City's Fire Chief.
C) The Parties desire to enter into and execute this Agreement pursuant to the
authority of and subject to the provisions contained Article VI, Section 11 of the City's
Charter, the City's Municipal Code, California Government Code Section 53260 et seq.,
and all other applicable law.
NOW THEREFORE, the Parties agree as follows:
AGREEMENT
1) EMPLOYMENT - The City hereby offers to employ White as its Fire Chief, and
White accepts such employment on the terms and conditions set forth hereafter.
2) TERM - The Agreement shall become effective on April 15, 2020 and continue until
such time as thereafter terminated pursuant to the terms and provisions set forth
hereafter. Although Article VI, Section 11 of the City's Charter provides that the
appointment of the Fire Chief shall be for a four-year term, for convenience and
certainty in City's operations the City Council hereby approves automatic renewal of the
four-year term until such time as the Fire Chief separates from City employment, as
otherwise provided in this Agreement.
3) COMMITMENTS AND UNDERSTANDINGS
A) Fire Chiefs Commitments
(1) Duties & Authority
(a) The Fire Chief shall serve under the sole direction and
supervision of the City Manager during the full term of the Fire
Chief's employment with the City.
(b) Throughout the duration of the Fire Chief's employment with
City and the term of this Agreement, the Fire Chief shall perform all
the duties and functions specified and set forth in Article III, Section
19 of the City's Charter and Section 2.08.190 of the San Rafael
Municipal Code, pertinent provisions of the California Government
Code, and all applicable City policies and procedures, adopted
and/or approved by the City Council and/or City Manager. The Fire
Chief shall administer and enforce Fire 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 Fire Chief is an exempt employee in City government;
however, it is expressly agreed to and understood by White that he
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 Fire Chief is expected to be available at all times
throughout his term of employment, weekdays and weekends
included.
(b) It is recognized that the Fire Chief must devote a substantial
amount of time to the business of the City outside of the City's
customary business hours. Therefore, the Fire Chief's schedule of
work each day and week shall vary in accordance with the work
required to be performed by him. The Fire Chief shall spend
sufficient hours on site to perform all of his assigned duties, all of
the time.
(c) The Fire Chief shall not spend more than 12 hours per
month 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 Fire Chief becomes mentally and/or
physically incapable of performing his functions and duties, taking
into account reasonable accommodation, and the City Manager
reasonably determines that such incapacity will continue for more
than six (6) months after the date of his determination, the City
Council may, upon recommendation of the City Manager, terminate
the Fire Chief. Any such determination by the City Manager shall be
provided to the Fire Chief in writing prior to or concurrently with the
City Manager's recommendation to the City Council. If the City
2
Council does elect to terminate the Fire Chief due to such
determined incapacity, the Fire Chief shall be entitled to receive all
severance benefits provided in Section 6.0 below.
B) City Commitments
(1) The City shall provide the Fire Chief with the compensation,
incentives and benefits specified in this Agreement, as may be from time
to time amended.
(2) The City shall directly pay, or provide the Fire Chief reimbursement
for, all actual documented business expenses incurred in connection with
all official City business conducted by the Fire Chief.
(3) The City agrees to directly pay, on behalf of the Fire Chief, or
reimburse the Fire Chief for the professional dues, subscriptions, travel
and subsistence expenses which may be necessary for the Fire Chiefs full
participation in national, regional, state, and/or local associations, and/or
organizations necessary and/or desirable for the Fire Chief's continued
professional growth and advancement, including, but not limited to,
governmental groups and committees upon which the Fire Chief serves or
may serve as a member. The City will also provide direct City payment or
expense reimbursement for instructional courses, institutes and/or
seminars that are necessary for career professional development of the
Fire Chief. All such fees/expenses shall be required to be documented to
the reasonable satisfaction of City prior to payment or reimbursement
hereunder.
C) Mutual Commitments
(1) Performance Evaluation
(a) Annual performance evaluations constitute an important
method for the City Manager and Fire Chief to ensure effective
communication between them relating to City Manager job
expectations and Fire Chief performance. The City Council and
City Manager recognize that for the Fire Chief to respond to
their needs and expectations, and for the Fire Chief to grow in
performance on the job, he needs to be advised concerning
evaluation of his performance at regular intervals. To assure
that he receives this information, the City Manager shall
conduct an evaluation of the Fire Chief's performance at least
once each year.
4) COMPENSATION - The City agrees to provide the following initial
compensation to the Fire Chief during the term of the Agreement:
A) Compensation & Required Employer Costs
3
(1) Base Salary
(a) The annual salary for the position of Fire Chief shall be
established by Resolution of the City Council. The annual salary,
on appointment, is hereby set at $193,824. This salary may be
adjusted via adoption of a separate Salary Resolution,
commencing on or before each fiscal year, and shall be
reflected in the salary range identified in said Salary Resolution,
from time to time amended and adopted throughout the term of
this Agreement.
(2) Required Employer Costs - the following costs shall be paid by
City on behalf of the Fire Chief:
(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 Fire Chief.
(e) The cost to defend and indemnify the Fire Chief as
provided in Section 7.0 below.
(f) Workers Compensation.
B) Benefits
(1) Holidays - The Fire Chief shall be entitled to paid holidays in
accordance with the Council approved provisions of the Salary and
Benefit Plan for the Unrepresented Executive Management Group of
City.
(2) Leave Allowance
(a) The Fire Chief shall receive the same vacation accrual
and benefits as provided to the Unrepresented Executive
Management class of City employees. The Fire Chief will
accrue 21 (twenty-one) days of vacation per year, which accrual
shall increase in accordance with the City of San Rafael's policy
for the Unrepresented Executive Management class of City
employees. For purposes of calculating this vacation accrual,
the City shall deem White to have been employed by the City for
a period of ten (10) years commencing on the effective date of
this Agreement. The Fire Chief shall be credited with 30 days of
vacation leave as of the effective date of this Agreement. The
Fire Chief shall be paid for any unused accrued vacation upon
either voluntary or involuntary termination of his employment.
(b) The Fire Chief shall receive the same sick leave accrual
and benefits as provided to the Unrepresented Executive
4
Management class of City employees. White shall be credited
with 270 hours of "Credited Sick Leave" as of the effective date
of this Agreement. Any unused Credited Sick Leave shall be
applied toward service credit at the time of White's retirement,
subject to pertinent and related retirement provisions, specified
by the Marin County Employee Retirement Association
(MCERA). White shall not have the right to receive cash
compensation for unused Credited Sick Leave. Before using
Credited Sick Leave during his employment with the City, White
shall be required to exhaust any and all accrued City Sick Leave
benefits he may then have.
(c) The Fire Chief shall be entitled to administrative leave
each year consistent with the then in effect leave provided to the
Unrepresented Executive Management class of City employees.
(3) Automobile - The Fire Chief shall be provided an automobile for
his use in connection with City -related business and/or City -related or
approved functions during, before, and/or after normal work hours. The
automobile shall be of a type and model consistent with policies
established by the City's Fleet Advisory Board and shall also be
subject to advance approval of the City Manager. The City shall
maintain such automobile for the Chief in such manner and to such
standards that it is always in a safe and reliable condition for the Fire
Chiefs use and shall pay all fuel and associated maintenance costs of
that vehicle.
(4) Uniform and Boot Allowance - The Fire Chief will receive a
uniform allowance for each six (6) months of service ending June- 30
and December 31. The uniform allowance shall be the sum of $805
($1,620 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. In addition, the Fire Chief shall be
entitled to a maximum of $160 every two years for a boot allowance.
The Fire Chief is responsible for purchasing his own safety boots and
for submitting a receipt to City for reimbursement. The boots must be
purchased for City use only and must adhere to all department safety
requirements. The Uniform and Boot Allowance amounts shall be
adjusted during the term of this Agreement to coincide with the
Uniform and Boot Allowance amounts defined in the San Rafael Fire
Chief Officers' Association Memorandum of Understanding.
(5) Benefits that Accrue to Other Employees - The Fire Chief shall
be entitled to all benefits, rights, and privileges accorded to safety City
Department Directors, including, but not limited to, group health and
dental insurance, except as otherwise provided in this Agreement. To
the extent the benefits contained herein exceed the benefits provided
to the Unrepresented Executive Management Group employees of the
City, this Agreement shall control.
5
5) OTHER EMPLOYMENT BENEFITS
A) Pension - Marin County Employee Retirement Association (MCERA)
(1) The Fire Chief shall be considered a safety employee as the
position relates to the Marin County Employee Retirement Association
(MCERA). The Fire Chief will be responsible for paying the full cost of the
employee contribution rate as established by MCERA. In addition, as
provided in the Salary Resolution for the Unrepresented Executive
Management class of City employees, the Fire Chief will pay an additional
contribution of one percent (1%) of pensionable compensation toward the
normal cost of pension provided by MCERA. The City shall pay the
remainder of the City's share for participation in the Marin County
Employee Retirement Association.
(2) Internal Revenue Code Compliance - All provisions of Section
5.A shall be subject to all applicable provisions and limitations of the
Internal Revenue Code and its related adopted regulations, as the
same may be amended from time to time. No requirement of any
provision of Sections 5.A and 5.13 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.
B) Insurance
(1) Disability Insurance. Long -Term Disability insurance shall be
provided in such amount as is consistent with that provided to other
City Department Directors as identified in the Unrepresented Executive
Management Group controlling documents
(2) Life Insurance. Term life insurance shall be provided at the
Department Director level as identified in the Unrepresented Executive
Management Group controlling documents
(3) Retiree Health Insurance. The City shall provide retiree health
insurance for the Fire Chief, so long as the Fire Chief retires from the
Marin County Employees Retirement Association (MCERA) within 120
days following termination of his employment with City and further that
the Fire Chief complies with all then applicable MCERA retirement
laws and regulations. The Fire Chief shall receive the same retiree
health insurances as provided to the Unrepresented Management
class of City employees as defined in the Unrepresented Executive
Management Salary Resolution.
6) SEPARATION
A) Resignation/Retirement - The Fire Chief agrees to provide the City at least
60 days advance written notice of his determination to resign, including the
effective date of such resignation, unless the Parties hereto otherwise agree in
writing to a different notice provision. If the Fire Chief retires from full time public
L•.
service with the City of San Rafael, then he may provide six (6) months' advance
notice if he chooses. The Fire Chief's actual retirement date shall be mutually
agreed to and established.
B) Termination & Removal
(1) It is expressly understood, the entry into this Agreement
notwithstanding, that the Fire Chief is an at -will employee of the City,
serving at all times throughout his tenure with City at the pleasure of
the City Council, as provided in Article VI, Section 11 of the City's
Charter and Government Code Section 36506.
(2) The City Council may remove the Fire Chief at any time, with or
without cause, by a majority vote of its members. Notice of such
termination shall be provided to the Fire Chief in writing.
(3) Given the at -will nature of the position of Fire Chief, an important
element of this Agreement pertains to the subject of termination. It is in
the interest of both the City and the Fire Chief that any separation of
the Fire Chief from City be accomplished in a dignified and
businesslike manner.
C) Severance Pay
(1) In the event the Fire Chief is terminated not for cause by the City
Council during a time when the Fire Chief continues to be willing and
able to perform his duties under this Agreement, then, and in that
event, the City agrees to pay the Fire Chief a lump sum cash payment
in an amount equal to six (6) months' base salary.
(2) All payments required under Sections 6.0 (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 Council requests that the Fire Chief
resign, then he shall resign, and he shall be entitled to receive the
severance benefits provided in Section 6.0 above.
E) Separation for Cause
(1) Notwithstanding the provisions of Section 6.C, the Fire Chief
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 a misdemeanor;
(c) A plea of nolo contendere to any felony or misdemeanor;
(d) Any act constituting a knowing and intentional violation of
Section 7.13 below, or conflict of interest codes adopted by or
7
followed by City;
(e) Abuse of drugs or alcohol that materially affects the
performance of the Fire Chiefs duties; or
(f) Repeated and protracted unexcused absences from the
Fire Chiefs duties
(2) In the event the City terminates the Fire Chief for cause, then
the City may terminate this Agreement immediately, and the Fire Chief
shall be entitled to only the compensation accrued up to the date of
such termination, payments required by Section 6.F below, and such
other termination benefits and payments as may be required by law.
The Fire Chief shall not be entitled to any severance benefits provided
by Section 6.0 in these circumstances.
F) Payment for Unused Leave Balance
(1) On separation from City employment, the Fire Chief shall be
paid for all unused accrued leave allowances provided in Section 4.B
(2) above. Accumulated leave balances shall be paid at the Fire
Chief s monthly salary rate on the effective date of separation.
7) MISCELLANEOUS PROVISIONS
A) Amendments = This Agreement may be amended at any time but only by
mutual written agreement of the City and the Fire Chief.
B) Conflict of Interest
(1) The Fire Chief 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 his official
duties or which would tend to impair independence in the performance
of his official duties.
(2) The Fire Chief shall also be subject to the conflict of interest
provisions of the California Government Code and any conflict of
interest code applicable to the Fire Chief s employment with the City.
(3) The Fire Chief 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, hold harmless and indemnify the Fire
Chief 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 Fire Chiefs performance
of his duties as Fire Chief, pursuant to and in accordance with
Government Code sections 995 through 996.6 and Government Code
section 825.
0
Should the Fire Chief be sued for damages in an action in which it is
alleged that the complained of act(s) arise out of the performance of
his duties, the City shall provide a legal defense for the Fire Chief in
such suit and indemnify the Fire Chief from any judgment rendered
against him; provided however that such indemnity shall not extend to
any judgment for damages arising out of any proved willful wrongdoing
on his part. 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 Fire Chiefs
capacity as Fire Chief while in the employment of City, 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 Fire Chief may have under the law.
(2) The City and all parties claiming under or through it, hereby
waives all rights of subrogation and contribution against the Fire Chief,
for all matters while he is acting within the scope of the Fire Chiefs
duties, from all claims, losses and liabilities arising out of or incident to
activities or operations performed by him, or by him on behalf of the
City, or any party affiliated with or otherwise claiming under or through
him, regardless of any prior, concurrent, or subsequent active or
passive negligence by the Fire Chief.
D) Severability - If any clause, sentence, part, section, or portion of this
Agreement is determined 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.
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 executed by 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 Fire Chief 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:
N]
If to the City:
City Manager
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
With a copy to the City Attorney
If to the Fire Chief:
Fire Chief
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
EXECUTION:
IN WITNESS WHEREOF, the City of San Rafael has caused this Agreement to be
duly executed by its Mayor, its City Manager, and the Fire Chief, and duly attested
by its City Clerk, the day and year first written above.
EMPLOYER - CITY OF SAN RAFAEL
By: X ei
Mayor
By:
J' Sch tz, City Ma a,
ATTEST:
A44, -t *
Lindsay Lara, City Clerk
APP OVED AS TO FORM:
1 �
Roborf F. Epstein, City Att rn
10
FIRE CHIEF
Darin M. White, Fire Chief
FIRE CHIEF EMPLOYMENT AGREEMENT
Between the City of San Rafael and
Darin M. White
Dated April 15, 2020
TABLE OF CONTENTS
RECITALS,..................................................................................................................... 1
1) EMPLOYMENT................................................................................................1
2) TERM.. .... ......................... ............................................................................_. 1
3) COMMITMENTS AND UNDERSTANDINGS....................................................... 1
A) FIRE CHIEF COMMITMENTS.............................................................................. 1
B) CITY COMMITMENTS......................................................................................... 3
C) MUTUAL COMMITMENTS................................................................................... 3
4) COMPENSATION....................................•.....................................3
A) COMPENSATION & REQUIRED EMPLOYER COSTS ....................................... 3
B) BENEFITS........................................................................................................4
5) OTHER EMPLOYMENT BENEFITS.................................................................... 6
A) PENSION -(MCERA)........................................................................................... 6
B) INSURANCE.....................................................................................................6
6) SEPARATION..................................................................................................6
A) RESIGNATION RETIREMENT............................................................................. 6
B) TERMINATION & REMOVAL............................................................................... 7
PAY7
C)
SEVERANCE ............................................................._.............................
D)
INVOLUNTARY RESIGNATION- .................................................... - ................ 7
E)
SEPARATION FOR CAUSE................................................................................. 7
F) PAYMENT FOR UNUSED LEAVE BALANCES... .................. 8
7) MISCELLANEOUS PROVISIONS....................................................................... 8
A) AMENDMENTS....................................................................................................8
B) CONFLICT OF INTEREST................................................................................... 8
C) INDEMNIFICATION..............................................................................................8
D) SEVERABILITY....................................................................................................9
E) JURISDICTION AND VENUE............................................................................. 9
F) ENTIRE AGREEMENT......................................................................................... 9
G) NOTICE................................................................................................................ 9
EXECUTION................................................................................................................. 10