HomeMy WebLinkAboutCM Employment Agreement; Police Chief 2021POLICE CHIEF EMPLOYMENT AGREEMENT
Between the City of San Rafael and
David Spiller
Dated MA..tm ,02-0
TABLE OF CONTENTS
RECITALS_ .......... . .. .. ...........-- ... 1
1)
EMPLOYMENT ..... 1
2)
TERM ....................... .... 1
3)
COMMITMENTS AND UNDERSTANDINGS. .. ............. 1
A)
POLICE 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..... 5
A)
PENSION - (MCERA)... .. 5
B)
INSURANCE .................. 6
6)
SEPARATION ..................... 6
A)
RESIGNATION RETIREMENT .... .. .. ....... .... ...... ..................... ........6
B)
TERMINATION & REMOVAL .. -... ..... ... . . - ------- ----- 6
C)
SEVERANCE PAY .................... .. .. .. 7
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.
.. . ................ .... . ............. ..
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POLICE CHIEF EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF SAN RAFAEL AND DAVID SPILLER
THIS AGREEMENT is made and entered into th sday of _ _ 2021. by
and between the City of San Rafael, a municipal corporation {"City"). and David Spiller
("Spiller" or "Police Chief). In this Agreement, the City and Spiller may each be referred
to individually as a "Party and collectively as the "Parties "
RECITALS
A) The City desires to employ Spiller as its Police 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) Spiller possesses the necessary education, experience, skills and judgment to
serve as the City's Police Chief
C) The Parties desire to enter into and execute this Agreement pursuant to the
authority of and subject to the provisions contained Article Vl. Section 11 of the C.ty'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 Spiller as its Police Chief, and
Spiller accepts such employment on the terms and conditions set forth hereafter
2) TERM - The Agreement shall become effective on March 16, 2021 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 Police 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 Police Chief separates from City employment, as
otherwise provided in this Agreement
3) COMMITMENTS AND UNDERSTANDINGS
A) Police Chief's Commitments
(1) Duties & Authority
(a) The Police Chief shall serve under the sole direction and
supervision of the City Manager during the full term of the Police
Chief's employment with the City
(b) Throughout the duration of the Police Chiefs employment
with City and the term of this Agreement. the Police Chief shall
perform all 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, and all applicable City policies and procedures.
adopted and/or approved by the City Council and/or City Manager
The Police Chief 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 Police Chief is an exempt employee in City government
however, it is expressly agreed to and understood by Spiller 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 Police Chief is expected to be available at all times
throughout his term of employment. weekdays and weekends
included
(b) It is recognized that the Police Chief must devote a substantial
amount of time to the business of the City outside of the City's
customary business hours Therefore, the Police Chief s schedule of
work each day and week shall vary in accordance with the work
required to be performed by hire. The Police Chief shall spend
sufficient hours on site to perform all of his assigned duties, all of the
time
(c) The Police Chief shall not spend more than 12 hours per
month teaching, consulting, speaking, or involved in any other non.-
City
oneCity 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 Police 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 Police Chief Any such determination by the City Manager shall
be provided to the Police Chief in writing prior to or concurrently with
the City Managers recommendation to the City Council. If the City
Council does elect to terminate the Police Chief due to such
determined incapacity, the Police Chief shall be entitled to receive all
severance benefits provided in Section 6.0 below.
B) City Commitments
(1) The City shall provide the Police 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 Police Chief reimbursement
for. all actual documented business expenses incurred in connection with
all official City business conducted by the Police Chief.
(3) The City agrees to directly pay, on behalf of the Police Chief, or
reimburse the Police Chief for the professional dues, subscriptions, travel
and subsistence expenses which may be necessary for the Police Chief's
full participation in national. regional, state, and/or local associations, and/or
organizations necessary and/or desirable for the Police Chief's continued
professional growth and advancement, including, but not limited to,
governmental groups and committees upon which the Police 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
Police Chief. All such feeslexpenses shall be required to be documented to
the reasonable satisfaction of City prior to payment or reimbursement
hereunder
C) Mutual Commitments
(11 Performance Evaluation
(a) Annual performance evaluations constitute an important
method for the City Manager and Police Chief to ensure effective
communication between them relating to City Manager fob
expectations and Police Chief performance The City Council
and City Manager recognize that for the Police Chief to respond
to their needs and expectations, and for the Police 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 Police Chief's performance at least once each
year
4) COMPENSATION - The City agrees to provide the following initial compensation
to the Police Chief during the term of the Agreement
A) Compensation & Required Employer Costs
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(1) Base Salary
(a) The annual salary for the position of Police Chief shall be
established by Resolution of the City Council The annual salary,
on appointment. is hereby set at 3193.824 This salary may be
adjusted via adoption of a separate Salary Resolution,
commencing on or before each fiscal year, and shat 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 Police Chief
(a) Federal Insurance Contributions Act (FICA) cif applicable)
(b) Medicare.
(c) Unemployment Compensation
(d) The cost of any fidelity or other bonds required by law for
the Police Chief.
(e) The cost to defend and indemnify the Police Chief as
provided in Section 7.0 below.
(f) Workers Compensation
B) Benefits
(1) Holidays - The Police 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 Police Chief shall receive the same vacation accrual
and benefits as provided to the Unrepresented Executive
Management class of City employees. The Police Chief will
accrue 15 (fifteen) 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
The Police Chief shall be credited with 30 days of vacation leave
as of the effective date of this Agreement The Police Chief shall
be paid for any unused accrued vacation upon either voluntary or
involuntary termination of his employment.
(b) The Police Chief shall receive the same sick leave accrual
and benefits as provided to the Unrepresented Executive
Management class of City employees. Spiller 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
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applied toward service credit at the time of Spiller's retirement,
subject to pertinent and related retirement provisions, specified
by the Marin County Employee Retirement Association
(MCERA). Spiller 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, Spiller
shall be required to exhaust any and all accrued City Sick Leave
benefits lie may then have.
(c) The Police 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 Police 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 Police Chiefs use and
shall pay all fuel and associated maintenance costs of that vehicle.
(4) Uniform Allowance - The Police 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 S885 ($1,770
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. The Uniform Allowance amounts shall be
adjusted during the term of this Agreement to coincide with the Uniform
Allowance amounts defined in the San Rafael Police Mid -Management
Association Memorandum of Understanding.
(5) Benefits that Accrue to Other Employees - The Police 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) OTHER EMPLOYMENT BENEFITS
A) Pension - Marin County Employee Retirement Association (MCERA)
(1) The Police Chief shall be considered a safety employee as the
position relates to the Marin County Employee Retirement Association
(MCERA). The Police 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
5
Management class of City employees the Police 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 Police Chief, so long as the Police Chief retires from
the Marin County Employees Retirement Association (MCERA) within
120 days following termination of his employment with City and further
that the Police Chief complies with all then applicable MCERA
retirement laws and regulations The Police 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 Police 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 Police Chief retires from full time public
service with the City of San Rafael, then he may provide six (6) months' advance
notice if he chooses. The Police 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 Police Chief is an at -will employee of the City
serving at all times throughout his tenure with City at the pleasure of the
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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 Police Chief at any time, with
or without cause by a majority vote of its mernbers Notice of such
termination shall be provided to the Police Chief in writing.
(3) Given the at -will nature of the position of Police Chief, an
important element of this Agreement pertains to the subject of
termination. It is in the interest of both the City and the Police Chief that
any separation of the Police Chief from City be accomplished in a
dignified and businesslike manner.
C} Severance Pay
(1) In the event the Police Chief is terminated not for cause by the
City Council during a time when the Police 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 Police Chief a lump sum cash payment
in an amount equal to six (6) months' base salary
(2) All payments required under Sections 6 C (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 Police Chief
resign, then he shall resign and he shall be entitled to receive the
severance benefits provided in Section 6 C above
E) Separation for Cause
(1) Notwithstanding the provisions of Section 6.C, the Police 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
followed by City;
(e) Abuse of drugs or alcohol that materially affects the
performance of the Police Chiefs duties; or
(f) Repeated and protracted unexcused absences from the
Police Chief's duties
(2) In the event the City terminates the Police Chief for cause, then
the City may terminate this Agreement immediately and the Police Chief
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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
Police 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 Police Chief shall be
paid for all unused accrued vacation and administrative leave
allowances provided in Section 4 B (2) above Accumulated leave
balances shall be paid at the Police 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 Police Chief.
B) Conflict of Interest
(1) The Police 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 Police Chief shall also be subject to the confl ct of interest
provisions of the California Government Code and any conflict of
interest code applicable to the Police Chief's employment with the City
(3) The Police 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 Police
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 Police Chiefs performance of his duties as
Police Chief, pursuant to and in accordance with Government Code
sections 995 through 996.6 and Government Code section 825
Should the Police 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 Police Chief in such
suit and indemnify the Police 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
8
protection for any such acts undertaken or committed in the Police
Chiefs capacity as Police Chief while in the emp oyment of City,
regardless of whether the notice of filing of a lawsu t 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 Police 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 Police
Chief, for all matters while he is acting within the scope of the. Police
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 Police 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 Police
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
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 Police Chief
Police Chief
9
City of San Rafael
1375 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 Police Chief, and duly
attested by its City Clerk, the day and year first written above.
EMPLOYER - CITY OF SAN RAFAEL
By
Kate CZin6VIayor
By: lx�- 5�1 �
Jim chutz, ity M nager
ATTEST.
Al
�r Lindsay Lara. City Clerk
APPROVED AS TO FORM
• lit.
Robert F Epstein, City At rney
10
POLICE CHIEF
a �
David Spill , Police
Chi f pZ• O� • Z1
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Human Resources
Project Manager: Carmen Valdez
Extension: x3069
Contractor Name: David Spiller, Police Chief
Contractor's Contact: David Spiller
Contact's Email: david.spillerQcilyofsanrafael.org
❑x FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/initial
a. Email PINS Introductory Notice to Contractor
1 + Project Manager
Click here to
❑
enter a date.
b. Email contract (in Word) & attachments to City
3/4/2021
Atty c/o Laraine.Gittens@cityofsanrafael.org
2
City Attorney a. Review, revise, and comment on draft agreement
1/5/2021
❑x
and return to Project Manager
1/5/2021
❑XCV��,
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
Project Manager Forward three (3) originals of final agreement to
3
contractor for their signature
4 Project Manager
When necessary, * contractor -signed agreement
❑ N/A
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or
Or
0
Public Works Contract > $125,000
Date of Council approval
CONTINUE ROUTING PROCESS WITH HARD COPY
2/16/2021
PRINT
5
Project Manager
Forward signed original agreements to City
3/4/2021
SG
Attorney with printed copy of this routing form
Review and approve hard copy of signed
6
City Attorney
310 /2D2
+ _
agreement
City Attorney
3 A?/22 LI
7
Review and approve insurance in PINS, and bonds
City Manager/ Mayor
(for Public Works Contracts)
Agreement executed by Council authorized official
8
9
City Clerk
Attest signatures, retains original agreement and
Tlo
forwards copies to Project Manager
r