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HomeMy WebLinkAboutHR Amendment to City Manager Employment Agreement and Fire Chief Employment Agreement____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: December 16, 2024 Disposition: Resolutions 15363 x 15364 Agenda Item No: 7.b Meeting Date: December 16, 2024 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Human Resources Prepared by: Marissa Sanchez, HR Director City Manager Approval: ______________ TOPIC: AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT AND FIRE CHIEF EMPLOYMENT AGREEMENT SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY AND CITY MANAGER CRISTINE R. ALILOVICH AND RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN EMPLOYMENT AGREEMENT WITH ABRAHAM ROMAN TO SERVE AS THE CITY OF SAN RAFAEL FIRE CHIEF RECOMMENDATION: Adopt Resolution to authorize the Mayor to execute an amendment to the employment agreement between the City and City Manager Cristine R. Alilovich and adopt a Resolution to authorize the Mayor and City Manager to execute an employment agreement with Abraham Roman to serve as the City’s Fire Chief. BACKGROUND: City Manager Employment Agreement Amendment Cristine R. Alilovich was appointed to the position of San Rafael City Manager on June 1, 2023. At the time of appointment, an employment agreement (“Employment Agreement”) was adopted, outlining the terms of her employment. According to Section 8 of the Employment Agreement, titled “Amendments,” the agreement may be amended at any time by mutual written consent of the City and the City Manager. This provision allows for flexibility in adjusting the terms of employment as necessary to align with the City’s evolving needs and performance goals. Fire Chief Employment Agreement Following the resignation of the former Fire Chief, Deputy Fire Chief Abraham Roman assumed the role of Interim Fire Chief. Since that time, the City conducted a thorough selection process for a permanent Fire Chief. The hiring committee, which included representatives from the Fire Department, San Rafael Fire Association, Fire Commission, City Manager’s Office and the City Council unanimously recommended appointing Abraham Roman to fill this important leadership position. ANALYSIS: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 City Manager Employment Agreement Amendment The Council adopted new three-year Memoranda of Understanding with all of the City's labor bargaining groups effective July 1, 2024. Those agreements included equity adjustments in addition to cost-of-living increases that were designed to address the City's challenges of employee retention and recruitment in the rapidly changing and competitive marketplace for municipal government employees. Consistent with the same rationale, the proposed amendment to the City Manager's Employment Agreement is in line with the equity adjustment approach that was implemented with the broader City workforce during labor negotiations. A comprehensive compensation study and internal alignment review was conducted. These studies were conducted to ensure the City Manager’s compensation is competitive and aligned with similar positions within the organization. The proposed amendment to the City Manager’s salary is a 4% equity adjustment, effective July 1, 2024, which would bring the monthly salary to $26,238; and a 6% equity adjustment effective January 1, 2025, which would raise the monthly salary to $27,812. These adjustments are in alignment with the City's goal to retain top-tier leadership in this key position, and, in the future -- whenever it may become necessary -- to recruit the highest quality talent for the City Manager position. Staff also recommends that the City Manager's salary be removed from the Unrepresented Executive Management Salary Schedule (see Attachment). The compensation details for the City Manager are explicitly outlined within their Employment Agreement and/or Amendment(s), which governs the terms of their employment. This shift ensures that the City Manager's salary is directly tied to the employment agreement rather than the broader salary schedule, providing clarity and specificity regarding the City Manager’s compensation. Fire Chief Employment Agreement Chief Roman’s extensive background in fire service leadership, including his tenure as Deputy Fire Chief in San Rafael since 2022, makes him an ideal candidate for this role. Prior to joining San Rafael, Chief Roman served as the Fire Chief for the City of Berkeley, where he oversaw a large department with seven fire stations and responded to over 16,000 emergency calls annually. With 38 years of experience in the fire service, including his role as Interim Fire Chief since December 2023, Chief Roman brings a wealth of knowledge and leadership to the position. Chief Roman’s appointment reflects the City’s commitment to maintaining high standards of safety, emergency response, and community service. His responsibilities include overseeing the Emergency Medical Services Division, Fire Prevention Bureau, Wildfire Prevention Division, Administration/Fiscal Division, Emergency Operations, and the Office of Emergency Services Division. Chief Roman holds a Bachelor of Science degree in Occupational Studies from the California State University, Long Beach. Chief Roman’s appointment was made on May 22, 2024, and the employment agreement is codifying the terms of his employment with the City. FISCAL IMPACT: The proposed amendments to the City Manager’s Employment Agreement have been reviewed and approved by the City Attorney, Finance Director, and the City Council. The revised compensation package, which will become effective on January 1, 2025, establishes an annual salary of $333,747. This adjustment is fully accounted for in the fiscal year 2024-2025 budget, and all other benefits and terms from the current Employment Agreement will remain unchanged. The proposed employment agreement for Fire Chief Abraham Roman has been reviewed by the City Attorney, Finance Director, City Manager’s Office, and Chief Roman himself. Chief Roman’s current SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 salary is $286,476, which reflects a salary adjustment made effective July 1, 2024, following a comprehensive compensation study and internal alignment review. These studies were conducted to ensure the Fire Chief’s compensation is competitive and aligned with similar positions within the organization. Chief Roman is entitled to the same benefits as other department directors, including health and dental insurance, leave accruals, life insurance, and long-term disability coverage, as codified in the Executive Salary Resolution. Importantly, the compensation package included in this employment agreement for the Fire Chief position does not require additional appropriations from the General Fund. OPTIONS: The City Council has the following options to consider on this matter: 1.Approve both resolutions to execute the City Manager Employment Agreement Amendment, the Fire Chief Employment Agreement, and the revised Unrepresented Executive Salary Schedules as presented. 2.Modify the City Manager Employment Agreement Amendment and/or the Fire Chief Employment Agreement and make such modifications part of the approval process for the resolutions. 3.Do not approve either of the resolutions, thereby delaying or rejecting the proposed amendments. RECOMMENDED ACTION: Adopt Resolution to authorize the Mayor to execute a revised employment agreement between the City and City Manager Cristine R. Alilovich and adopt a Resolution to authorize the Mayor and City Manager to execute an employment agreement with Abraham Roman to serve as the City’s Fire Chief. ATTACHMENTS: 1.City Manager Employment Agreement Amendment Resolution 2.City Manager Employment Agreement Amendment 3.Fire Chief Appointment Resolution 4.Employment Agreement between City of San Rafael and Abraham Roman 5.Unrepresented Executive Salary Schedules Effective July 1, 2024, July 1, 2025, and July 1, 2026 RESOLUTION NO. 15363 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND CITY MANAGER CRISTINE R. ALILOVICH WHEREAS, Cristine R. Alilovich was appointed City Manager of the City of San Rafael on June 1, 2023; and WHEREAS, the City Manager's employment agreement allows for amendments by mutual written consent to ensure alignment with the City’s goals and evolving needs, and an amendment has been proposed for her continued service; and WHEREAS, the amendment to the employment agreement for the City Manager includes a salary adjustment of 4% effective July 1, 2024, and a 6% increase effective January 1, 2025; and WHEREAS, other than the provisions set forth in the amendment, the other provisions in the City Manager's existing agreement remain unchanged. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Rafael, that the Mayor, City Manager, and City Clerk are authorized to execute, on behalf of the City of San Rafael, the amendment to the employment agreement with City Manager Cristine R. Alilovich, a copy of which is attached hereto and incorporated by this reference. I, Lindsay Lara, 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 16th day of December 2024, by the following vote to wit: AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ________ LINDSAY LARA, City Clerk AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT Between the City of San Rafael and Cristine Alilovich 1) Recitals - This is an Amendment to the Agreement ("Agreement") entered into as of April 18, 2023, which took effect beginning June 1, 2023, by and between the City of San Rafael, a municipal corporation ("the City"), and Cristine R. Alilovich ("Alilovich" or "City Manager"). This Amendment is made pursuant to Section 8(a) of the Agreement. 2) Change in Base Salary - Section 5(A)(1)(a) of the Agreement is hereby deleted and replaced with the following: Effective July 1, 2024, the City Manager’s monthly salary is $25,229, which will increase by a four (4) percent equity adjustment, resulting in $26,238 monthly. Effective July 1, 2024, the City Manager’s monthly salary is $25,229, which will increase by a 4% equity adjustment, resulting in $26,238 monthly. Effective January 1, 2025, the annual salary for the position of City Manager shall be the salary set forth in the preceding sentence, plus a six (6) percent equity adjustment, resulting in $27,812 monthly. EXECUTION IN WITNESS WHEREOF, the City of San Rafael has caused this Agreement to be duly executed by its Mayor and the City Manager, and duly attested by its City Clerk, the __ day of December 2024. EMPLOYER - CITY OF SAN RAFAEL CITY MANAGER By:____________________________ ___________________________ Kate Colin, Mayor Cristine R. Alilovich APPROVED AS TO FORM: ATTEST: ______________________________ _____________________________ Robert F. Epstein, City Attorney Lindsay Lara, City Clerk RESOLUTION NO. 15364 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN EMPLOYMENT AGREEMENT WITH ABRAHAM ROMAN TO SERVE AS THE FIRE CHIEF WHEREAS, Deputy Fire Chief Abraham Roman was appointed as the Interim Fire Chief on May 22nd, 2024; and WHEREAS, the hiring committee, which included representatives from the Fire Department, Fire Commission, City Manager’s Office, and the City Council, conducted a thorough selection process and has recommended Abraham Roman to serve as the City’s next Fire Chief; and WHEREAS, Abraham Roman has served as Deputy Fire Chief since 2022 and has extensive experience in the fire service, including his previous role as Fire Chief for the City of Berkeley and his current role overseeing multiple divisions within the San Rafael Fire Department; and WHEREAS, Abraham Roman holds a Bachelor of Science degree in Occupational Studies from the California State University, Long Beach and has a distinguished 38-year career in the fire service; and WHEREAS, the employment agreement for Fire Chief Roman establishes an annual salary of $224,568, and WHEREAS, Fire Chief Roman’s current salary is $286,476, which reflects a salary adjustment made effective July 1, 2024, following a comprehensive compensation study and internal alignment review, with no new appropriations required from the General Fund; and WHEREAS, the employment agreement includes benefits provided to other department directors, including health and dental insurance, leave accruals, life insurance, and long-term disability coverage; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Rafael that the Mayor, City Manager, and City Clerk are authorized to execute, on behalf of the City of San Rafael, an agreement with Abraham Roman to serve as the Fire Chief for the City of San Rafael, a copy of which is attached hereto and incorporated by this reference. I, Lindsay Lara, 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 16th day of December 2024, by the following vote to wit: AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ______ LINDSAY LARA, City Clerk 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 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 .................................................................................................................10 1 FIRE CHIEF EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND ABRAHAM ROMAN THIS AGREEMENT is made and entered into this _____ day of ________, 2024, by and between the City of San Rafael, a municipal corporation ("City"), and Abraham Roman ("Roman" or "Fire Chief). In this Agreement, the City and Roman may each be referred to individually as a "Party", and collectively as the "Parties." RECITALS A) The City desires to employ Roman 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) Roman 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 Roman as its Fire Chief, and Roman accepts such employment on the terms and conditions set forth hereafter. 2)TERM - The Agreement is effective on the date of appointment and continue until terminated in accordance with the terms and provisions set forth herein. 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 the convenience and certainty of the City's operations, the City Council hereby approves the automatic renewal of the four-year term until such time as the Fire Chief separates from City employment, unless 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 2 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 Ill, 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 Roman 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 may obtain outside employment (such as teaching, consulting, speaking, or involved in any other non- City connected business or venture) provided it is not incompatible with his duties for the City, if it requires no more than 12 hours per month and prior written approval is obtained from 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 after the interactive process has been completed,, 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 3 Council does elect to terminate the Fire Chief due to such determined incapacity, the Fire Chief may be entitled to receive all severance benefits provided in accordance with Section 6.C 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 as approved by the City Manager or designee. (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 Chief’s 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. Subject to the approval of the City Manager or designee, 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 the City’s needs and expectations, and for the Fire Chief to grow in performance on the job, the Fire Chief needs to be advised concerning evaluation of his performance at regular intervals. To assure that the Fire Chief 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 4 (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 $224,568. 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. 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 in the resolution for the Unrepresented Executive Management Employees. For purposes of calculating this vacation accrual, the City shall deem Roman 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 accrued and unused 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 Management employees. Roman 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 Roman’s retirement, subject to pertinent and related retirement provisions, specified by the Marin County Employee Retirement Association (MCERA). Roman 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, Roman 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 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 5 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 may be adjusted during the term of this Agreement in the resolution for Unrepresented Executive Management Employees. (5) Benefits that Accrue to Other Employees - The Fire Chief shall be entitled to all benefits, rights, and privileges as set forth in the resolution for the Unpresented Executive Management Employees, except as otherwise provided in this Agreement. To the extent the benefits contained herein exceed the benefits provided to the Unrepresented Executive Management Employees of the City, this Agreement shall control. 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 6 may be amended from time to time. No requirement of any provision of Sections 5.A and 5.8 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 the Unrepresented Executive Management Employees. (2) Life Insurance. Term life insurance shall be provided as set forth in the resolution of compensation and benefits for the Unrepresented Executive Management Employees. (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 set forth in the resolution for the Unrepresented Executive Management Employees. 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 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 with the City Manager or designee. 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. The at-will nature of the Fire Chief’s employment may not be changed without an agreement signed by the City Manager and Fire Chief which is approved by the City Council in open session. (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 7 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, the City the Fire Chief will be entitled to a lump sum cash payment in an amount equal to six (6) months' base salary on the condition that the Fire Chief sign a severance agreement that is provided by the City. (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 Fire Chief resign, then he shall resign, and he shall be entitled to receive the severance benefits provided in Section 6.C above on the condition that the Fire Chief signs a severance agreement that is provided by the City. 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 involving moral turpitude (c) Willful misconduct (d) Fraud in the Office (e) Misappropriation or misuse of City property (f)Dishonesty (g) A plea of nolo contendere to any felony or misdemeanor (h) Any act constituting a knowing and intentional violation of Section 7.B below, or conflict of interest codes adopted by or followed by City (i) Abuse of drugs or alcohol that materially affects the performance of the Fire Chiefs duties; or (j) 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 8 6.C 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 4.8 (2) above. Accumulated leave balances shall be paid at the Fire Chiefs 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 Chiefs 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. 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. 9 (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: 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 FIRE CHIEF By: ________________________________ ___________________________ Kate Colin, Mayor Abraham Roman, Fire Chief By: ________________________________ Cristine Alilovich, City Manager ________________________________ Lindsay Lara, City Clerk APPROVED AS TO FORM: ________________________________ Robert F. Epstein, City Attorney Roman Abraham -Employment Agreement FINAL Final Audit Report Created : By : Status: Transaction ID : 2024-07-24 Jennifer Alcantara Gennifer.alcantara@cityofsanrafael.org) Signed CBJCHBCAABAAzDGObz6CyttRr_D21WnP8KWcEtL_PKlq 2024-07-29 "Roman Abraham -Employment Agreement FINAL" History ~ Document created by Jennifer Alcantara Uennifer.alcantara@cityofsanrafael.org) 2024-07-24-7 :18:37 PM GMT 12'.. Document emailed to abraham.roman@cityofsanrafael.org for signature 2024-07-24-7 :18:44 PM GMT ~ Email viewed by abraham.roman@cityofsanrafael.org 2024-07-24 -7 :21 :38 PM GMT ~ Email viewed by abraham.roman@cityofsanrafael.org 2024-07-25 -11 :50 :51 PM GMT ~ Email viewed by abraham.roman@cityofsanrafael.org 2024-07-27 -0 :14 :40 AM GMT ~ Signer abraham .roman@cityofsanrafael.org entered name at signing as Abraham Roman 2024-07-27 -0 :15:02 AM GMT ~ Document e-signed by Abraham Roman (abraham.roman@cityofsanrafael.org) Signature Date : 2024-07-27 -0:15:04 AM GMT-Time Source: server 12'.. Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-07-27 -0:15:05 AM GMT ~ Email viewed by cristine.alilovich@cityofsanrafael.org 2024-07-28 -5:01 :05 PM GMT ~ Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-07-28 -5:01 :34 PM GMT Adobe Acrobat Sign 0e Document a-signed by Cristine Alilovich (cristine .alilovich@cityofsanrafael.org) Signature Date : 2024-07-28-5:01 :36 PM GMT-Time Source: server g Document emailed to kate.colin@cityofsanrafael.org for signature 2024-07-28 -5:01 :37 PM GMT ~ Email viewed by kate.colin@cityofsanrafael.org 2024-07-29-6:48:50 PM GMT 0i) Signer kate.colin@cityofsanrafael.org entered name at signing as Kate Colin 2024-07-29-6:49 :18 PM GMT 0i) Document a-signed by Kate Colin (kate.colin@cityofsanrafael.org) Signature Date : 2024-07-29 -6:49 :20 PM GMT-Time Source: server g Document emailed to lindsay.lara@cityofsanrafael.org for signature 2024-07-29-6:49:22 PM GMT ~ Email viewed by lindsay.lara@cityofsanrafael.org 2024-07-29-6:55 :41 PM GMT 0i) Signer lindsay.lara@cityofsanrafael.org entered name at signing as Lindsay Lara 2024-07-29-6:55 :55 PM GMT 0e Document a-signed by Lindsay Lara (lindsay.lara@cityofsanrafael.org) Signature Date : 2024-07-29 -6:55 :57 PM GMT -Time Source : server g Document emailed to rob .epstein@cityofsanrafael.org for signature 2024-07-29-6:55:59 PM GMT ~ Email viewed by rob.epstein@cityofsanrafael.org 2024-07-29-9:37:24 PM GMT 0i) Signer rob.epstein@cityofsanrafael.org entered name at signing as Robert F. Epstein 2024-07-29-9:37:40 PM GMT 0i) Document a-signed by Robert F. Epstein (rob.epstein@cityofsanrafael.org) Signature Date : 2024-07-29 -9:37 :42 PM GMT-Time Source : server 9 Agreement completed. 2024-07-29-9:37 :42 PM GMT Adobe Acrobat Sign EXHIBIT A Grade Position A B C D E 2501 Assistant City Attorney 14,908$ 15,654$ 16,436$ 17,258$ 18,121$ 2001 Assistant City Manager 20,829$ 21,871$ 22,964$ 24,112$ 25,318$ TBD Chief Assistant City Attorney 17,145$ 18,002$ 18,902$ 19,847$ 20,839$ 2300 Director of Community & Economic Development 15,770$ 16,559$ 17,387$ 18,256$ 19,169$ 4205 Director of Digital Service & Open Government 14,977$ 15,726$ 16,512$ 17,337$ 18,204$ 2205 District Manager/Engineer (SRSD)$ 14,088 $ 14,792 $ 15,532 $ 16,308 $ 17,124 2140 Finance Director 14,772$ 15,510$ 16,286$ 17,100$ 17,955$ 7101 Fire Chief 20,623$ 21,654$ 22,737$ 23,873$ 25,067$ 1106 Human Resources Director 14,908$ 15,654$ 16,436$ 17,258$ 18,121$ 2406 Library and Recreation Director 15,516$ 16,292$ 17,106$ 17,961$ 18,859$ 6101 Police Chief 20,623$ 21,654$ 22,737$ 23,873$ 25,067$ 2201 Public Works Director 16,075$ 16,879$ 17,723$ 18,609$ 19,540$ ** adjusted per Council action 24,494$ SAN RAFAEL UNREPRESENTED EXECUTIVE MANAGEMENT SALARY SCHEDULE Effective July 1, 2024 Position Monthly Salary City Manager (Appointed) EXHIBIT A Grade Position A B C D E 2501 Assistant City Attorney 16,250$ 17,063$ 17,916$ 18,812$ 19,752$ 2001 Assistant City Manager 21,454$ 22,527$ 23,653$ 24,836$ 26,078$ TBD Chief Assistant City Attorney 18,345$ 19,262$ 20,225$ 21,236$ 22,298$ 2300 Director of Community & Economic Development 16,716$ 17,552$ 18,430$ 19,351$ 20,319$ 4205 Director of Digital Service & Open Government 16,325$ 17,141$ 17,998$ 18,898$ 19,843$ 2205 District Manager/Engineer (SRSD)$ 14,510 $ 15,236 $ 15,998 $ 16,798 $ 17,637 2140 Finance Director 15,953$ 16,751$ 17,589$ 18,468$ 19,391$ 7101 Fire Chief 21,241$ 22,303$ 23,419$ 24,590$ 25,819$ 1106 Human Resources Director 16,250$ 17,063$ 17,916$ 18,812$ 19,752$ 2406 Library and Recreation Director 16,602$ 17,432$ 18,304$ 19,219$ 20,180$ 6101 Police Chief 21,241$ 22,303$ 23,419$ 24,590$ 25,819$ 2201 Public Works Director 17,120$ 17,976$ 18,875$ 19,819$ 20,810$ ** adjusted per Council action 24,494$ SAN RAFAEL UNREPRESENTED EXECUTIVE MANAGEMENT SALARY SCHEDULE Effective July 1, 2025 Position Monthly Salary City Manager (Appointed) EXHIBIT A Grade Position A B C D E 2501 Assistant City Attorney 17,550$ 18,428$ 19,349$ 20,316$ 21,332$ 2001 Assistant City Manager 22,098$ 23,203$ 24,363$ 25,581$ 26,860$ TBD Chief Assistant City Attorney 18,895$ 19,840$ 20,832$ 21,873$ 22,967$ 2300 Director of Community & Economic Development 17,218$ 18,079$ 18,983$ 19,932$ 20,929$ 4205 Director of Digital Service & Open Government 17,794$ 18,684$ 19,618$ 20,599$ 21,629$ 2205 District Manager/Engineer (SRSD)$ 14,946 $ 15,693 $ 16,478 $ 17,302 $ 18,167 2140 Finance Director 17,230$ 18,091$ 18,996$ 19,945$ 20,943$ 7101 Fire Chief 21,879$ 22,973$ 24,121$ 25,327$ 26,594$ 1106 Human Resources Director 17,550$ 18,428$ 19,349$ 20,316$ 21,332$ 2406 Library and Recreation Director 17,598$ 18,478$ 19,402$ 20,372$ 21,390$ 6101 Police Chief 21,879$ 22,973$ 24,121$ 25,327$ 26,594$ 2201 Public Works Director 17,634$ 18,516$ 19,441$ 20,413$ 21,434$ ** adjusted per Council action 24,494$ SAN RAFAEL UNREPRESENTED EXECUTIVE MANAGEMENT SALARY SCHEDULE Effective July 1, 2026 Position Monthly Salary City Manager (Appointed)