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2000 - City Clerk - Employment AgreementsEIGHTH AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND ERICKA HERNANDEZ AMENDMENT NO.8 This Eighth Amendment (the "Eighth Amendment") is made and entered into effective October 8, 2024, by and between the City of Rosemead, California, a municipal corporation (the "City") and Ericka Hernandez, an individual (the "City Clerk"). The City and the City Clerk are sometimes individually referred to as a "Party" and collectively as "Parties." RECITALS A. The Parties entered into an Employment Agreement (the "Agreement") on April 10, 2018. That contract was amended on May 28, 2019, May 12, 2020, April 27, 2021, April 26, 2022, April 25, 2023. September 12, 2023 and April 23, 2024. B. Pursuant to Section 3 (A)(1) the base salary will reflect a 10% salary increase to reflect the same level of benefits as provided within the Executive Management Salary and Benefits Resolution for FY 2024-25. C. The Parties now desire to amend the Agreement to reflect the increase in the City Clerk's annual salary as described above. OPERATIVE PROVISIONS 1. AMENDMENTS Section 3 (a)(1)(a) of the Agreement is hereby amended to read as follows: The annual salary for the position of City Clerk effective October 8, 2024, shall be a total of $164,604.00. 2. REMAINDER UNCHANGED Except as specifically modified and amended in this Eighth Amendment, the Agreement remains in full force and effect and binding upon the parties. 3. INTEGRATION This Eighth Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transactions discussed in this Eighth Amendment. 4. EFFECTIVE DATE This Eighth Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the Parties. 5. APPLICABLE LAW The laws of the State of California shall govern the interpretation and enforcement of this Seventh Amendment. 6. REFERENCES All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Eighth Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Eighth Amendment. IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the date first indicated above. City CITY OF ROSEMEAD A Municipal Corporation By: en Ly Mayor _ -A -E ST: EAcka Hernandez APPROVED AS TO FORM: By:14 gachel'H.-Richinan City Attorney 2 City Clerk Ericka Hernandez _ An Individual Ericka Hernandez'-, _ City Clerk RESOLUTION NO.2024-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ESTABLISHING ANNUAL SALARY RANGES AND BENEFITS FOR EXECUTIVE MANAGEMENT EMPLOYEES OF THE CITY OF ROSEMEAD FROM OCTOBER 8, 2024 THROUGH JUNE 30, 2025 WHEREAS, the classifications in the Executive Management of the City of Rosemead ("City") are critical to the efficient and effective operations of the City, the City Council recognizes the management, supervisory, professional and/or confidential nature of their positions; and WHEREAS, employees in these classifications are exempt under the provision of the Federal Fair Labor Standards Act and serve in an "at -will" employment capacity. NOW THEREFORE, BE IT RESOLVED that effective October 8, 2024, the salary ranges and .. ,enef�ts for Executive Management unrepresented employees, as set forth in -Exhibit-Alattached hereto, are adopted. PASSED, APPROVED, AND ADOPTED this 8 h day of October, 2024. S en Ly, Mayor APPROVED AS TO FORM: . -A k==�_ Rachel Ric an, City Attorney ATTEST: _ Ericka Hernande , City C1ErTc =_ �� STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) § CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution No. 2024-54 was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 8"' day of October, 2024, by the following vote, to wit: AYES: ARMENTA, CLARK, DANG, LOW, LY NOES: NONE ABSENT: NONE ABSTAIN: NONE Ericka Hernandez, City Clerk' City of Rosemead EXHIBIT A S E M F O - � Qr O t /NcOR "OR AT Executive Management Salary & Fringe Benefits Resolution No. 2024-54 Approved 160 October 8, 2024 TABLE OF CONTENTS SECTION 1 APPLICABILITY / PURPOSE.........................................................................................................3 SECTION 2 OBJECTIVES OF THE COMPENSATION PLAN RELATIVE TO EXECUTIVE MANAGEMENT ...........................3 SECTION3 SEVERABILITY.......................................................................................................................... 3 SECTION 4 NON-DISCRIMINATION.............................................................................................................3 COMPENSATION SECTION 5 COMPENSATION SALARY RANGES...............................................................................................4 SECTION 6 COMPENSATION PLAN..............................................................................................................4 SECTION 7 PROBATIONARY PERIOD............................................................................................................6 SECTION 8 MANAGEMENT INCENTIVE PAY..................................................................................................6 SECTION9 AUTO ALLOWANCE..................................................................................................................6 SECTION 10 TELECOMMUNICATION ALLOWANCE...........................................................................................6 SECTION 11 HEALTH INSURANCE PROVIDER..................................................................................................7 SECTION 12 CAFETERIA -STYLE HEALTH, WELFARE, AND & SAVINGS BENEFIT......................................................7 SECTION 13 CHANGES TO HEALTHCARE LAWS...............................................................................................7 SECTION 14 RETIREMENT HEALTH PLAN.......................................................................................................7 SECTION 15 RETIREMENT PROGRAM (CALPERS)...........................................................................................8 SECTION 16 ENHANCED RETIREMENT PROGRAM: PUBLIC AGENCY RETIREMENT SERVICES(PARS).........................9 SECTION17 SOCIAL SECURITY.....................................................................................................................9 SECTION 18 DEFERRED COMPENSATION PROGRAM (401A)............................................................................9 SECTION 19 DEFERRED COMPENSATION PROGRAM(457)...............................................................................9 SECTION 20 FLEXIBLE SPENDING ACCOUNT (SECTION 125)...........................................................................10 SECTION 21 SHORT-TERM DISABIUTY/LONG TERM DISABILITY.......................................................................10 SECTION22 LIFE INSURANCE.....................................................................................................................11 SECTION 23 TUITION REIMBURSEMENT......................................................................................................11 SECTION 24 WELLNESS PROGRAM.............................................................................................................12 SECTION 25 COMPUTER PURCHASE PROGRAM............................................................................................12 SECTION 26 EMPLOYEE ASSISTANCE PROGRAM (EAP)..................................................................................12 SCHEDULES/LEAVES SECTION 27 VACATION ACCRUAL AND ACCRUAL CAP....................................................................................12 SECTION 28 VACATION BUYBACK...............................................................................................................13 SECTION 29 ADMINISTRATIVE LEAVE..........................................................................................................14 SECTION30 SICK LEAVE...........................................................................................................................14 SECTION 31 CITY -RECOGNIZED HOLIDAYS...................................................................................................17 SECTION 32 FLEXIBLE SCHEDULING............................................................................................................17 EXEC Resolution Attachment — No. 2024-54 Page 1 1 SECTION 33 FLEXIBLE SCHEDULING DUE TO SPECIAL EVENTS..........................................................................17 SECTION34 BEREAVEMENT LEAVE.............................................................................................................18 SECTION35 JURY DUTY LEAVE...................................................................................................................18 OTHER SECTION36 DIRECT DEPOSIT....................................................................................................................18 SECTION 37 TECHNOLOGY EQUIPMENT......................................................................................................18 SECTION 38 EMERGENCY WAIVER PROVISION.............................................................................................19 APPENDIXA SALARY SCHEDULE.................................................................................................................20 EXEC Resolution Attachment — No. 2024-54 Page 1 2 SECTION 1: APPLICABILITY / PURPOSE The employee classifications described in this Resolution are not represented by an employee organization. Therefore, this Resolution does not constitute a memorandum of understanding and is not the result of the meet and confer process; rather, this Resolution is designed to provide the Executive Management Group employees with a reference tool regarding term and conditions of their employment as the same are periodically determined by the City Council. Full- time employees in the following classifications are covered by this Resolution: Executive Management Unit Assistant City Manager Director of Community Development Director of Finance Director of Parks & Recreation Director of Public Works The various forms of compensation and benefits described in this comprehensive document recognize that employees in Executive Management positions should be compensated appropriately for exhibiting accountability, cost effectiveness, application of new technologies and maximizing the utilization of human, physical and fiscal resources; for exerting leadership to enhance the mission and future of the City and for stimulating the development of people and methods which will facilitate the meeting of program goals and objectives. SECTION 2: OBJECTIVES OF THE COMPENSATION PLAN RELATIVE TO EXECUTIVE MANAGEMENT A. Recruit and retain well -qualified Executive Managers and enhance their management capabilities in areas such as leadership and accountability. B. Facilitate and enhance effectiveness and productive efforts of Executive Managers through evaluations of performance and the recognition of merit in determining compensation. SECTION 3: SEVERABILITY It is understood that this Resolution is subject to all applicable present and future Federal, State, and Local laws and regulations, and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this Resolution is in conflict with such applicable provisions of Federal, State, or Local laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part of provision shall be suspended and superseded by such applicable laws and regulations and the remainder of this Resolution shall not be affected thereby and shall remain in full force and effect. SECTION 4: NON-DISCRIMINATION The City will not discriminate against any employee based upon race, religious creed, color, national origin, age (40 and over), ancestry, sexual orientation, sex, gender identity, gender expression, military and veteran status, disability (physical or mental), sexual orientation, marital status, pregnancy, childbirth or related medical condition, genetic information/characteristics, or any other legally protected characteristics. EXEC Resolution Attachment — No. 2024-54 Page 13 COMPENSATION SECTION 5: COMPENSATION SALARY RANGES Salaries for Executive Managers are based on a salary range which provides the minimum and maximum salary levels as approved by the City Council and shown in Appendix A. SECTION 6: COMPENSATION PLAN Salary and benefit levels for Executive Managers will be reviewed by the City Manager on a periodic basis. Such review will contain comparisons with other similar agencies within the appropriate job market. Such comparisons will be one of the factors utilized to recommend competitive salary and benefit levels to the City Council. Progression in the salary range for Executive Managers shall be based on the employee's performance. The City Manager shall be responsible for evaluating the employee's work performance and approving salary increases within the established range based on the employee's performance. Executive Management employees will be evaluated annually or sooner to ensure timely feedback and support employee development. The Executive Management compensation and performance -based evaluation system shall operate as follows: A. Specific Compensation Determination a. The City Manager is hereby given the authority to set the individual compensation, to make adjustments thereto and to make appointments at any salary within the established rate range as approved by the City Council for all executive positions for which the City Manager is the appointing authority. b. The City Manager is also granted authority to offer a beginning/increased bank of vacation hours and/or Administrative Leave (up to 40 hours) to recruit/retain Executive Management employees. c. The City Manager may establish performance criteria and appraisal guidelines, in accordance with Section 6, subsection B.a., to be utilized in determining individual compensation for Executive Management employees. B. Performance -Based Evaluation Purpose. The basic purpose of the performance -based evaluation system is to help attract, retain, and motivate highly competent Executive Managers and to provide them with a strong incentive to excel. a. Evaluation System Components. The evaluation system will be comprised of the following components: i. Objectives. The system will include a list of outcome -based, measurable objectives to be achieved which have been mutually agreed upon between the City Manager and each individual Executive Management employee. EXEC Resolution Attachment — No. 2024-54 Page 14 [.a ii. Managerial Behaviors. In addition to the Executive Managers performance in achieving agreed upon objective, each Executive Manager will also be evaluated for his or her managerial behavior performance, including such behavior as communication (oral or written), analysis and problem solving, decision -making and judgment, planning and organization, management control, leadership, interpersonal relations, time -management, technical knowledge, timeliness of subordinate evaluations, handling of stress, etc. Performance Evaluations. After the salary of an employee has been first established and fixed under this plan, salary advancement through the salary range will be at the discretion of the City Manager based on the timing and performance ratings as follows: 1. Evaluation. The City Manager will evaluate the performance of each Executive Management employee to determine their individual eligibility for a performance (merit) increase and how much, if any, increase will be given, but such increase cannot exceed the salary range maximum authorized by the City Council. Such performance evaluation will be for a determined period preceding the date of the performance evaluation and conducted annually or sooner to ensure timely feedback and support employee development. If an employee is out on an extended leave of absence, the performance evaluation will be extended out by the equal amount of time/duration the employee is out on the leave of absence. An extended leave of absence is defined as thirty (30) days or longer. 2. Performance Ratings. Each Executive Manager's performance in relation to agreed upon objectives and managerial behaviors will be evaluated for an identified period according to the following performance rating scale: i. Substantially Exceeds Expectations: Consistently exceeds all objectives requirements and expectations by a wide margin. ii. Exceeds Expectations: Consistently meets all objectives and requirements and exceeds several. iii. Meets Expectations: Meets objectives and requirements. Level of Performance % of increase Substantially Exceeds Expectations 7%- 9% Exceed Expectations 4% - 6% Meets Expectations 0%- 3% Needs Improvement 0% D. Continuing Pay for Performance. At the discretion of the City Manager, each Executive Management employee who has achieved and maintained the maximum salary of their classification salary range for one (1) full year, may be eligible to receive a lump sum EXEC Resolution Attachment — No. 2024-54 Page 15 performance -based incentive pay bonus for continuing exceptional performance. The calculation of the incentive pay bonus will be based on a percentage of the current annual rate of base salary for the identified period in which the compensation was earned. For an overall performance rating of "Substantially Exceeds Expectations", an incentive pay bonus up to five percent (5%) of annual pay may be granted. SECTION 7: PROBATIONARY PERIOD All classifications under the Executive Management Unit serve in an "at -will", exempt capacity. "At -will" employment is defined as an employment relationship in which an employee serves at the pleasure of the City Manager and may be dismissed, at any time, without cause and do not have the right of appeal, grievance, or hearing. At -will positions do not have property or vested rights and do not have a probationary period. SECTION 8: MANAGEMENT INCENTIVE PAY Executive Management employees shall receive 6% Management Incentive Pay above the base salary. This compensation is granted to Executive Managers as incentive pay due to the unique nature of their jobs involving complete responsibility for the operation of a major function of the City's organization. This is not overtime pay and is not tied to specific hours worked. SECTION 9: AUTO ALLOWANCE The City Manager may authorize an auto allowance of $500 per month for the employees in the Executive Management group. SECTION 10: TELECOMMUNICATIONS ALLOWANCE In lieu of City provided devices, employees shall be provided a $100 monthly allowance for cellular service for personal devices. In addition, a reimbursement of up to $1000 for cellular equipment will be provided upon receipt of invoice initially (following appointment to an affected classification) and once every three years thereafter, if necessary, to replace existing equipment. All contracts for cellular service for these employees shall be between the provider and the individual. BENEFITS SECTION 11: HEALTH INSURANCE PROVIDER The City contracts with California Public Employees' Retirement System (CaIPERS) pursuant to the Public Employees' Medical and Hospital Care Act (PEMHCA) to serve as the health insurance provider for the City SECTION 12: CAFETERIA -STYLE HEALTH, WELFARE, & SAVINGS BENEFIT The City will provide each full-time employee with $1,700 per month for use towards enrolling in any of the City offered health plans, dental plans, and vision plans. Effective July 1, 2023, the City will provide an additional $200 per month for excess 'out-of-pocket' EXEC Resolution Attachment — No. 2024-54 Page 1 6 health care premium costs. The additional $200 per month has no cash out value. 2. Unused Contribution. For employees hired on or before November 30, 2021, any unused remainder of the $1,700 monthly cafeteria -style benefit may be put into a deferred compensation plan, taken as a taxable cash disbursement, or used for the purchase of any City sponsored insurance, long-term care, or long-term savings program. Employees hired after November 30, 2021 will not be eligible for cash back of any unused portion of the cafeteria -style benefit. 3. Excess Premiums. Employees shall be required to pay any cost of the health, dental, and vision premiums for their selected plans that exceeds the amount of the City's monthly contribution. 4. Opt -Out. Employees hired on or before November 30, 2021, may choose to waive coverage and take the entire $1,700 monthly benefit as deferred compensation ortaxable cash, but must first show proof of group health insurance coverage through an individual, a spouse or family member's coverage through their employer and complete the Voluntary Decline of Health Care Offered Under City of Rosemead Group Plan form. Employees hired after November 30, 2021 choosing to opt -out of medical coverage offered by the City, under the same conditions, will receive $500 per month. SECTION 13: CHANGES TO THE HEALTH CARE LAWS The parties recognize that certain changes to State or Federal laws, programs, taxes or regulation including, but not limited to, the Affordable Care Act (ACA), may impact future medical plan offerings. SECTION 14: RETIREMENT HEALTH PLAN A. All full-time employees hired on or before July 1, 2007, who have 20 years or more of service with the City, and who retire from the City, receive an allocation of up to $1,000/ month to pay for health care benefits for the duration of their retirement. If the health insurance program selected by the retiree costs more than $1,000/month, the City will only cover $1,000/month of the cost of the selected program. B. All full-time employees hired on or before July 1, 2007, who have 12-19 years of service with the City, and who retire from the City, receive an allocation of up to $500/month to pay for health care benefits for the duration of their retirement. If the health insurance program selected by the retiree costs more than $500/month, the City will only cover $500/month of the cost of the selected program. C. The above retirement health contributions will only be in effect for full-time employees employed with the City as of July 1, 2007. When a retiree reaches 65 years of age, or becomes eligible for Medicare, said retiree must transition to Medicare coverage and the City will continue to contribute towards the cost of health care coverage during the duration of the former employees retirement in the amounts defined in sections A and B EXEC Resolution Attachment — No. 2024-54 Page 1 7 of this Section. D. The City's contribution for retirement health contribution may be used towards health coverage of the retiree, their spouse, and/or any eligible dependent(s). E. Employees hired after July 1, 2007 will receive retiree health benefits in accordance with public employees' retirement laws and CalPERS. SECTION 15: RETIREMENT PROGRAM (CALPERS) All employees will be enrolled in the City's retirement program through CalPERS. On July 1, 2007, the City began providing the 2.7%@55 benefit formula with one-year final compensation option with no cap. On July 1, 2010, the City implemented a 2-tier system with changes for new hires only. All full- time new hires, hired on or after July 1, 2010, will be subject to the 2%@55 formula with one- year final compensation option. All existing full-time employees hired prior to July 1, 2010 will remain at the 2.7@55 formula. Under the Public Employees' Pension Reform Act of 2013 (PEPRA), effective January 1, 2013, all "new members" will be subject to the 2.0% @ 62 benefit formula which also requires a three- year final compensation (the highest average annual pensionable compensation earned by a member during a period of at least 36 months) with an early retirement age of 52. A "New Member" is defined as: 1. A new hire that is brought into CalPERS membership for the first time on or after January 1, 2013, and who has no prior membership in any other California public retirement system. 2. A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who is not eligible for reciprocity with another California public retirement system. 3. A member who established CalPERS membership prior to January 1, 2013, and who is hired by a different CalPERS employer after January 1, 2013, after a break in service of greater than six months. Effective January 1, 2013, PEPRA prohibited employers from paying any portion of a "new member's" member contribution rate. All new members must pay 50% of total normal cost as employee contribution rate. CalPERS refers to all members that do not fit within the definition of a new member as "classic members". All existing CalPERS members as of December 31, 2012, will retain the existing benefit levels for future service with the same employer. Effective January 1, 2013, PEPRA prohibited employers from paying any portion of a "new member's" member contribution rate. All non -classic California Public Employees' Retirement EXEC Resolution Attachment — No. 2024-54 Page 18 System (CaIPERS) members must pay 50% of total normal cost as employee contribution rate. All "classic members" are required to contribute their full share, up to 8%, of the employee contribution of the CaIPERS rate. SECTION 16: ENHANCED RETIREMENT PROGRAM (PARS) For full-time employees hired prior to July 1, 2010 the City offers an enhanced retirement package through Public Agency Retirement Services (PARS). Covered full-time employees who retire from Rosemead after working 20 years for the City will have their pension formula enhanced to 3%@55, with the provision that the maximum pension allowance that employees can accrue through PARS is 90% of their final pay. The PARS retirement pension is limited to 90% of final pay. Employees must be at least 55 years of age to qualify for PARS. SECTION 17: SOCIAL SECURITY The City deducts from each full-time employees' paycheck, an amount as determined by law for the Federal Insurance Contributions Act (Social Security). In addition, the City contributes an additional amount at least equal to the employee's contribution. SECTION 18: EMPLOYER FUNDED DEFERRED COMPENSATION PROGRAM (401A) For full-time employees hired prior to July 1, 2010, the City set -contributes into a deferred compensation account a percentage of the employee's salary based on years of service. That funding formula is as follows: Years of Service % of Salary Contributed to Plan 0-4 1% 5-9 2% 10-14 3% 15-19 4% 20+ 5% SECTION 19: DEFERRED COMPENSATION 457 All employees may voluntarily participate in the available 457 deferred compensation plan. Any voluntary contributions made to such plan must be made via automatic payroll deductions. The amounts contributed to the plan are subject to the statutory limits outlined in the codes of the IRS. SECTION 20: FLEXIBLE BENEFIT PLAN (SECTION 125) The City offers employees a flexible benefit plan which will allow individuals to pay for certain expenses (childcare, unreimbursed medical expenses, insurance premiums) with pre-tax dollars. SECTION 21: SHORT-TERM DISABILITY State Disability Insurance (SDI) is a partial wage replacement insurance in which the City does not participate in. However, for non -work -related employee disabilities, the City offers Short -Term EXEC Resolution Attachment — No. 2024-54 Page 19 Disability (STD)/Long-Term Disability (LTD) to full-time employees. Workers' compensation injuries are excluded from disability leave/insurance offered by the City. The City provides employees with a short-term disability plan to protect against cases where a non -work -related illness or injury is sustained which results in an inability to work for a short period of time. Employees will receive 66.67% or 2/3 of their pre -disability base salary (1-year average of W-2) with a waiting period of 15 calendar days before receiving their benefits and can last up to 11 weeks. Employees will receive continued payment until the employee is medically able to return to work, or has to begin utilizing long term disability, or until the employee reaches the age of 65, whichever comes first. The maximum short-term disability benefit amount will be $2,400 per week. Family and Medical Leave Act (FMLA) will run concurrently with disability. The City provides employees with a long-term disability plan to protect against cases where a non -work -related illness or injury is sustained which results in an inability to work for a long period of time. In these cases, LTD is received only after STD has expired and the employee continues to be medically disabled. employees will receive 66.67% or 2/3 of their pre -disability base salary with a 90-day waiting period. Employee will receive continued payment until the employee is medically able to return to work, or until the employee reaches the age of 65, whichever comes first. The maximum long-term disability benefit amount will be $10,400 per month. Where applicable, Family and Medical Leave Act (FMLA) and/or California Family Rights Act (CFRA) leave runs concurrently with disability. Employees have the option of receiving a full paycheck by utilizing his/her own leave time to subsidize the 1/3 while on disability. Disability will cover 2/3 or 66.67% of the pre -disability base salary based off the W-2 (1-year average). However, when on disability, employees may not utilize sick leave. Employees may use vacation, floating holiday, holiday, and/or compensatory time (if applicable). Leave Accrual rate will be based upon the hours utilized. All disability claim forms must be submitted to Human Resources on a timely basis. As a guideline, all claim forms should be submitted within 15 calendar days. All medical certifications or modifications to the medical certification must be submitted to Human Resources on a timely basis. Employees are required to submit a Fitness for Duty— Return from Leave Certification at least 2 working days prior to the date of return to the department director. Employees may not return to work without this certification. SECTION 22: LIFE INSURANCE Employees receive an accidental death and dismemberment and life insurance policy of $100,000. SECTION 23: TUITION REIMBURSEMENT Subject to City Manager approval, employees may attend and be reimbursed for part or all of the costs of educational and other training courses (up to $5,000 per fiscal year) which provide a benefit to the City provided there are budgeted funds for such approval by the City Council. The EXEC Resolution Attachment — No. 2024-54 Page 1 10 educational/training courses must be job -related leading towards a college or university degree or certificate and employees must remain with the City for three (3) years after the successful completion of class/course or must refund the amount received to the City on a pro -rated basis. If an employee leaves employment (voluntarily or involuntarily) with the City, prior to the three (3) years after the completion of class/course, the employee must repay the amount received based upon the following pro -rated basis: Pro -Rated Schedule of Refund Years of Service After Completion Repayment Amount Due to the City Less than one (1) year Full Amount Received Less than two (2) years 2/3 of Amount Received Less than three (3) years 1/3 of Amount Received Employees with prior approval by the City Manager, may be reimbursed for registration, cost of books, tuition, lab fees and parking for classes or instruction, provided such classes or instruction are related to the employee's assigned duties with the City. Reimbursement will be made only after an employee has satisfactorily completed the class or workshop with the grade of "C" or better or a "B" or better for graduate level courses and that proof of completion has been submitted and approved by the City Manager. In general, mandatory or required training time during working hours shall be considered part of the job. If the City directs an employee to attend a specific, job -related training course during non -working hours, employees may utilize flex time. All study time shall be considered completely voluntary. No overtime pay, additional pay or compensatory time shall be given unless advanced written approval is granted by the City Manager. There is no mileage reimbursement for travel to and from educational classes. Required forms must be completed and necessary documentation (receipts and grades) must be provided in order to receive reimbursement. Final and conclusive determinations of the reimbursement amount shall be made by the City Manager/Assistant City Manager after review of the request and recommendations by the department director. SECTION 24: WELLNESS PROGRAM The City shall reimburse employees up to three -hundred dollars ($300) per fiscal year for qualifying expenses of the City's Wellness Program. The form and information required to claim reimbursement for this benefit, and the final determination of whether an expense qualifies for this benefit, are left to the discretion of the City Manager. SECTION 25: COMPUTER PURCHASE PROGRAM The City provides a computer purchase program for all full-time employees as outlined in the Administrative Policy No. 30-09 approved by the City Manager. Loans are due and payable in full upon termination or separation of employment. EXEC Resolution Attachment — No. 2024-54 Page 1 11 SECTION 26: EMPLOYEE ASSISTANCE PROGRAM The City provides employees with access to the Employee Assistance Program (EAP). SCHEDULES / LEAVES SECTION 27: VACATION ACCRUAL AND ACCRUAL CAP Full-time employees will receive vacation accruals as follows: Vacation Accumulation Years of Service Hours/Pay Period Hours/Year Days/Year Maximum Accumulated Hours Up to year 1 3.85 100 10 100 Year 1— Year 9 5.38 140 14 280 9+ 6.15 160 16 320 All full-time employees accrue 100 hours of vacation leave during their first year of service. One hundred forty (140) hours are accrued for employees with one year of service, up to (but not over) 9 years. For employees with over 9 years of service (9+) the accrual rate is 160 hours. Vacation hours cease to accrue in any pay period the vacation balance exceeds two times the annual accrual rate as determined by the employee's anniversary date. All vacation requests are to be pre -approved by the City Manager. Negative vacation banks or borrowing from future accruals will not be allowed except under provisions of Section 31C. Vacation accruals will be determined by the percentage formula of actual hours in a paid status by the City. Example 1: An employee (with 1-9 years of service) who works 80 hours on paid status per pay period will accrue 5.38 hours/pay period. An employee (with 1-9 years of service) who works 40 hours on paid Example 2: status per pay period will accrue 2.69 hours/pay period (50% of 5.38 hours/pay period). Example 3: An employee (with 1-9 years of service) who has a zero -leave balance and takes an extended leave of absence will not accrue any hours. On July 1, 2011, the City established two (2) vacation banks as follows: Bank A: Vacation earned/accrued prior to June 30, 2011. EXEC Resolution Attachment — No. 2024-54 Page 1 12 Bank B: Vacation earned/accrued after July 1, 2011 (Subject to a 2-year cap). SECTION 28: VACATION BUYBACK In order to encourage employees to take regular vacations on an annual basis and to partially limit the growth of the City's long-term liability of employee accrued vacation hours upon separation of employment, the City has established the following criteria for vacation buyback. A. Twice per calendar year, full-time employees are eligible to have the City buyback up to 100 combined hours of accumulated unused vacation time in June and/or December of the following calendar year. Effective December 10, 2023, and continuing thereafter, employees seeking buyback must submit an irrevocable election form, by no later than December 10th of the preceding calendar year. With this form, employees can seek buyback of accumulated unused vacation time in the following calendar year subject to the following terms: The employee may seek buyback of up to 50 hours in June. Employees receiving such June buyback may seek an additional buyback in December. Total maximum buyback for any calendar year will be limited to 100 hours. 2. Employees seeking only a December buyback may receive up to 100 hours. B. The payment shall be made via payroll with the last paycheck in the following June and/or December after receipt of the irrevocable election form. In the event an employee has less hours in their vacation bank at the time the cash -out is to be paid than they had previously elected to cash -out, the employee shall only be paid for up to the amount remaining in their vacation bank at the time of the actual cash -out. Employees who do not submit an irrevocable election form by December 10th will be deemed as foregoing participation in the optional annual leave buy-back program for that following calendar year. The buyback in June and/or December may not reduce the vacation leave balance below the equivalent of one year's accrual. C. For the purposes of vacation buyback, all employees must utilize Bank A prior to utilizing Bank B. However, if there are no hours accrued in Bank A, employees may utilize Bank B. D. An employee who experiences an unforeseeable emergency may be permitted to make a new irrevocable election and/or to increase the amount of the previous election, subject to the same value that was permitted at the time the annual irrevocable election forms were due. For these purposes, an "unforeseeable emergency" means a financial hardship to the employee resulting from any of the following: ■ Accident, illness, injury or death of the employee or an immediate family member. For this purpose, an "immediate family member" is restricted to a spouse, registered domestic partner, child/legal dependent, or parent; or ■ Loss or extensive damage to the employee's property due to casualty; or ■ Other similar extraordinary and unforeseeable circumstances arising from events beyond EXEC Resolution Attachment — No. 2024-54 Page 1 13 the control of the participant. Whether an occurrence is an unforeseeable emergency shall be solely determined by the City Manager or designee, but requests made under this provision shall not be unreasonably denied. The payment shall be made with the last paycheck in December of that same calendar year. E. If it is subsequently determined by the City, the IRS, a court of competent jurisdiction or another governing authority that the annual buyback provisions in place prior to December 10, 2021, or substantially similar, will not trigger constructive receipt of income from accrued leave, the City will remove the irrevocable election process. F. All buybacks shall be paid at the employee's base hourly rate of pay at the time of the payment. SECTION 29: ADMINISTRATIVE LEAVE Employees will accrue 3.08 hours of Administrative Leave per pay period with a 2-year accrual cap (160 hours). All unused Administrative Leave hours be paid upon employment separation at the employee's rate of pay. SECTION 30: SICK LEAVE A full-time employee who is incapacitated from the performance of such employee's duties by reason of a non -service -related illness or injury, pregnancy, legal requirements of public health officials or for reasons specified in the Family and Medical Leave (FMLA) and/or California Family Rights Act (CFRA) leave are eligible for sick leave. 1. Amount Earned: All full-time employees will accrue ten (10) hours of sick leave per month. Sick leave will be earned, commencing on the first day of employment employee, and accrued on a bi-weekly basis. Employees may accumulate up to a maximum of 120 hours of sick leave with pay per year. Sick leave accruals will be determined by the percentage formula of actual hours in a paid status by the City. Example 1: An employee who works 80 hours on paid status per pay period will accrue 4.62 hours/pay period. An employee who works 40 hours on paid status per pay Example 2: period will accrue 2.31 hour/pay period (50% of 4.62 hours/pay period). An employee who has a zero -leave balance and takes an Example 3: extended leave of absence will not accrue any hours. EXEC Resolution Attachment — No. 2024-54 Page 1 14 Except for retirement, all unused sick leave hours will be forfeited when an employee separates from employment, voluntarily or involuntary. Upon retirement, an employee's unused sick leave hours will be converted to service credit as contracted with CaIPERS. 2. Sick Leave Cap: Accrued sick leave is capped at 500 hours for employees hired after November 30, 2021. 3. Advanced Sick Leave: Sick leave time shall not be taken until such time has been accrued. 4. Utilization of Sick Leave Benefits: The right to utilize benefits under the sick leave provisions herein continues only during the period that the employee is employed by the City. All benefits hereunder terminate upon the employee leaving City service. An employee on military leave is not granted sick leave during the military leave period. Employees are not eligible to utilize sick leave benefits within the first thirty (30) days of employment. Sick leave is not a leave which an employee may use at his/her discretion, but is allowed only in cases of actual sickness or disability which make it impossible or inadvisable for the employee to perform normal work assignments/functions. Sick leave may be utilized for dental or medical appointments, medical assessments and/or due to a serious illness in the immediate family. The City Manager may deny or revoke sick leave if the incapacitation for which it is taken is caused or substantially aggravated by compensated outside employment. If an employee is absent from work for more than three (3) working days without notifying the City Manager, the employee may be dismissed from City service for being absent without official leave. Any abuse of sick leave usage is grounds for disciplinary action up to and including dismissal. 5. Illness During Vacation Leave: Employees who become ill while on approved vacation leave may request to use available sick leave in lieu of the approved vacation time for the period of illness. Verification of illness may be required by the City Manager prior to approval. 6. Notification to Supervisor: Any employee needing to be absent because of sickness or other physical disability must notify the City Manager, or designee, at least one (1) day prior to such absence if circumstances permit, or within one (1) hour before the start of his/her regular shift when prior notice cannot be given. 7. Sick Leave Authorized Due to Illness in Family: An employee is allowed sick leave due to a serious illness in the immediate family. The definition of "family" defined under the Family and Medical Leave Act (FMLA) policy will be utilized. In the event of a serious illness in the immediate family, a certificate of such illness and the need for the employee's absence by the acceptable medical authority may be required by the City Manager. In such case, the employee must be able to produce a verifying certification upon request by the City Manager. EXEC Resolution Attachment — No. 2024-54 Page 1 15 8. Return to Work Following Illness: The City Manager may require an employee to submit to a medical and/or psychiatric examination by a physician designated by the City before permitting the employee to return to work after the employee has been on sick leave. If the results of any such examination indicate that the employee is unable to perform assigned duties, or if performance of those duties will expose others to infection, the employee will be placed on sick leave, or leave without pay after all sick leave has been used, until adequate medical evidence is submitted that the employee is competent to perform assigned duties or will not subject others to the infection. 9. Medical Certificate Requirement: In order to be paid for sick leave, the employee must make every good faith effort to notify the City Manager prior to the start of the employee's workday. The City Manager may request, for cause, a certificate issued by a licensed physician or other satisfactory proof of illness before sick leave is granted. The City Manager may also choose a licensed physician to conduct a physical examination at City expense. Any employee who makes application for sick leave may be required by the City Manager to file a certificate signed by a duly and regularly licensed physician authorized to practice medicine or may be required to submit a personal statement which states the employee was incapacitated from performing the duties of the position for each day that sick leave is requested. Authority will also be given to the physician signing the certificate, to disclose to the City Manager, information relating to sick leave. Sick leave will be granted when the application for sick leave is approved by the City Manager. 10. Transfer of Sick Leave: New employees may be credited with up to two hundred (200) hours of sick leave from their previous public agency employer provided the previous employer did not otherwise compensate the employee for said hours. The new employee must provide a letter or documentation from the previous employer verifying accrued but uncompensated hours. 11. Unused Accumulated Sick Leave Upon Separation: An employee will not receive any payment for unused accumulated sick leave upon dismissal of employment or retirement (either disability or regular). An employee may not use sick leave to extend a retirement (either disability or regular) or dismissal date. This prohibition does not affect an employee's right to obtain sick leave credit with CaIPERS. Any other balances or if an employee resigns or is dismissed will be forfeited. SECTION 31: CITY -RECOGNIZED HOLIDAYS A. The following days are recognized and observed as paid holidays: 1. New Year's Day (January 1st) 2. Martin Luther King's Birthday (the third Monday in January) 3. Presidents' Birthday (the third Monday in February) 4. Cesar Chavez (March 31st) 5. Memorial Day (the last Monday in May) 6. Juneteenth (June 191h) EXEC Resolution Attachment — No. 2024-54 Page 1 16 7. Independence Day (July 411) 8. Labor Day (the first Monday in September) 9. Veteran's Day (November 11th) 10. Thanksgiving Day (the fourth Thursday of November) 11. Christmas Eve (December 241h) 12. Christmas Day (December 25th) B. If one of the above listed City recognized holidays falls on a Friday or Saturday, the holiday will be observed on the preceding Thursday. If the holiday falls on a Sunday, the holiday will be observed on the following Monday. C. Non -essential City services and facilities are closed from Christmas Eve through New Year's Day. Employees are required to utilize their own time or may opt to take the time off without pay during the holiday closure. Employees with less than 3 months of service may use unearned vacation time with any resulting negative balances to be repaid from future accruals, or in the event of separation prior to repayment, from direct repayment of the outstanding balance to the City by the former employee. SECTION 32: FLEXIBLE SCHEDULING Depending on the Director's area of assignment, an alternate work schedule may be arranged with City Manager approval. This could include the possibility of utilizing flextime or telecommuting from an offsite location. Any prolonged telecommuting arrangement, or alternate workweek, must be approved, in writing, by the City Manager. SECTION 33: FLEXIBLE SCHEDULING ON SPECIAL EVENTS All full-time employees are required to work the 41h of July Parade/Carnival/Fireworks special event. In addition, some employees are required to work special events in the course of their regular duties. The City reserves the right to adjust the day's work hours to meet the staffing needs of the 4th of July Parade/Carnival/Fireworks special event. For every work week in which there is a designated special event, the City Manager may authorize the 'flexing' of all hours within the same workday or same workweek of the special event while ensuring that appropriate staff coverage is maintained for operational needs and continued City services. For purposes of this Section, a "special event" is a scheduled, pre -planned program, activity, or other event that is offered by the City for attendance by one or more members of the public. If an employee is required to work on a city recognized holiday, holiday hours equivalent to the number of hours worked, up to ten (10), will be banked. Banked hours not used by December 315t will be forfeited. SECTION 34: BEREAVEMENT LEAVE In the event of the death of an employee's immediate family (defined as spouse, parent, stepparent, grandparent, sibling, children, grandchildren, mother-in-law, father-in-law, sister-in- law, brother-in-law, registered domestic partner or child of a registered domestic partner), EXEC Resolution Attachment — No. 2024-54 Page 1 17 employees are entitled to forty (40) hours for bereavement leave per incident. SECTION 35: JURY LEAVE An employee of the City who is required to participate as a juror or required to participate in the jury selection process, shall be paid up to and including 80 hours of salary and benefits during each fiscal year while engaged in such activities. Any employee called to serve as a juror shall receive regular compensation while on such leave, provided that the employee remits to the City any payments or fees received as a juror, excluding mileage reimbursement. Employee shall provide from the courts, certification of the amount of time served on jury duty each day for which jury duty leave with pay is requested. Employees shall return to their regular job assignment after being released from jury duty each day provided at least one-half (1/2) of their shift remains. Compensation shall extend beyond 80 hours only upon provision to the City of a certified court document showing that trial counsel and/or the Court estimated the length of trial for which an employee has been selected as juror, to be more than 80 hours. The employee shall advise the City Manager and the Human Resources Manager upon receiving a court order to appear beyond the 80 hours as a juror. The granting of such leave with pay shall be subject to the approval of the City Manager or designee, consistent with the requirements set forth herein. OTHER SECTION 36: DIRECT DEPOSIT Employees are offered an option to authorize the automatic deposit of each paycheck into an individual's checking, savings or credit union account. Payroll checks will not be issued in advance. SECTION 37: TECHNOLOGY EQUIPMENT Employees may be provided with a laptop, tablet, WAD or other device to be used for City business. This equipment may be stored and used at home. At the end of employment, the employee shall return the City -owned equipment. SECTION 38: EMERGENCY WAIVER PROVISION In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder or national emergency, or similar circumstances, the provisions of this Resolution or City's Human Resources Rules and Regulations, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. EXEC Resolution Attachment — No. 2024-54 Page 1 18 City of Rosemead Executive Management Group October 8, 2024- June 30, 2025 F>osition Title Assistant City Manager Director of Community Development Director of Finance Director of Parks & Recreation Director of Public Works Effective July 1, 2024 Monthly Salary Minimum Maximum 14,299 18,589 12,551 16,316 12,960 16,848 11,935 15,516 13,008 16,910 APPENDIX A Effective October 8, 2024 Monthly Salary Minimum Maximum 15,729 20,448 13,806 17,948 14,256 18,533 13,129 17,067 14,309 18,601 EXEC Resolution Attachment — No. 2024-54 Page 1 19 SEVENTH AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND ERICKA HERNANDEZ AMENDMENT NO. 7 This Seventh Amendment (the "Seventh Amendment") is made and entered into effective April 23, 2024, by and between the City of Rosemead, California, a municipal corporation (the "City") and Ericka Hernandez, an individual (the "City Clerk"). The City and the City Clerk are sometimes individually referred to as a "Party" and collectively as "Parties." RECITALS A. The Parties entered into an Employment Agreement (the "Agreement") on April 10, 2018. B. Section 3 of the Agreement permits the City Council to conduct performance evaluations and grant increases in salary. C. On April 23, 2024, pursuant to Section 3(A)(2) of the Agreement, the City Council conducted the City Clerk's performance evaluation. The City Clerk received a "substantially exceeds expectation" review which pursuant to the Executive Manager Resolution no. 2023-52 provides for a 7%-9% increase in base salary. With this Seventh Amendment, the City Clerk will receive a 9% increase for performance. D. City employees are receiving a 3% COLA effective July 1, 2024. The City desires fairness to provide the same COLA to the City Clerk. E. The Parties now desire to amend the Agreement to reflect the increase in the City Clerk's annual salary as described above. OPERATIVE PROVISIONS 1. AMENDMENTS Section 3 (a)(1)(a) of the Agreement is hereby amended to read as follows: The annual salary for the position of City Clerk effective April 23, 2024, shall be a total of $145,282.00. On July 1, 2024, the City Clerk annual salary shall be $149,641.00 2. REMAINDER UNCHANGED Except as specifically modified and amended in this Seventh Amendment, the Agreement remains in full force and effect and binding upon the parties. 3. INTEGRATION This Seventh Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transactions discussed in this Seventh Amendment. 1 4. EFFECTIVE DATE This Seventh Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the Parties. 5. APPLICABLE LAW The laws of the State of California shall govern the interpretation and enforcement of this Seventh Amendment. 6. REFERENCES All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Seventh Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Seventh Amendment. IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the date fust indicated above. City CITY OF ROSEMEAD A Municipal Corporation By: 45��;n. Steven Ly Mayor Pricka Hernan ez _ City Clerk APPROVED AS TO FORM: By- 1 Rachel H. Richman City Attorney City Clerk Ericka Hernandez An Individual Ericka Heman ez- = =- City Clerk SIXTH AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND ERICKA HERNANDEZ AMENDMENT NO.6 This Sixth Amendment (the "Sixth Amendment") is made and entered into effective September 12, 2023, by and between the City of Rosemead, California, a municipal corporation (the "City") and Ericka Hernandez, an individual (the "City Clerk"). The City and the City Clerk are sometimes individually referred to as a "Party" and collectively as "Parties." RECITALS A. The Parties entered into an Employment Agreement (the "Agreement") on April 10, 2018. That contract was amended on May 28, 2019, May 12, 2020, April 27, 2021, April 26, 2022 and April 25, 2023. B. Pursuant to Section 3 (A)(1) the base salary will reflect a 4% salary increase for FY 2023-24 and 3% salary increase in FY 2024-25. C. The Parties now desire to amend the Agreement to reflect the increase in the City Clerk's annual salary. OPERATIVE PROVISIONS 1. AMENDMENTS Section 3 (a)(1)(a) of the Agreement is hereby amended to read as follows: The annual salary for the position of City Clerk effective July 1, 2023, shall be a total of $133,284 and a 3% increase affective July 1, 2024, shall be a total of $137,280. 2. REMAINDER UNCHANGED Except as specifically modified and amended in this Sixth Amendment, the Agreement remains in full force and effect and binding upon the parties. 3. INTEGRATION This Sixth Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transactions discussed in this Sixth Amendment. 4. EFFECTIVE DATE This Sixth Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the Parties. I 5. APPLICABLE LAW The laws of the State of California shall govern the interpretation and enforcement of this Sixth Amendment. 6. REFERENCES All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Sixth Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Sixth Amendment. IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the date first indicated above. City CITY OF ROSEMEAD A Municipal Corporation By: *�;:� Sie?en Ly Mayor ATTE= By: ---- _ Encka Hernandez City Clerk APPROVED AS TO FORM: BY c el H. Richman City Attorney 2 City Clerk Ericka Hernandez An Individual 91%— Ericka Hernandez City Clerk RESOLUTION NO. 2023-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING RESOLUTION NO. 2023-52, THE COMPREHENSIVE SALARY SCHEDULE TO MEET THE CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 570.5 AND 571 TO REFLECT APPROVED RATES FROM JULY 1, 2023 THROUGH JUNE 30, 2025 WHEREAS, the City Council has the authority to create, classify, and design salary scales/ranges for all City of Rosemead employee positions; and WHEREAS, California Code of Regulation (CCR) Title 2, Section 570.5 and amendment to CCR Section 571 requires a consolidated Salary Schedule that is publicly available showing all City classifications and salary ranges; and WHEREAS, the City Council wishes to meet the requirements of these regulations by adopting a Salary Schedule, which sets forth the salary scales/ranges for all City of Rosemead employee classifications; and WHEREAS, Exhibit A includes the Citywide Salary Schedule that reflects the new salary rates for all classifications. NOW THEREFORE, BE IT RESOLVED that hereby adopts the Salary Schedule for all City of Rosemead employee classifications as set forth in the attached Exhibit A to reflect the new salary rates for Fiscal Year 2023-24 effective July 1. 2023, and Fiscal Year 2024-25 effective July 1, 2024. PASSED. APPROVED, AND ADOPTED this 12' day of September, 2023. APPROVED AS TO FORM: Rachel Richman. Cite Attorney Sven Ly, yoi ATTEST: fi!_ — Ericka Hernandez, City C%rk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution No. 2023-55, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 12`h day of September 2023, by the following vote, to wit: AYES: ARMENTA, CLARK, LOW, LY NOES: NONE ABSENT: DANG ABSTAIN: NONE �h Ericka Hernandez, City Clerk JNI N m N$ T N N T m e N T N P O n T e b a IN�1 $ N m n 0 OJ 8& N m G e C °i m O n b ✓i °i n r 16 1: aC n 1n n' 1/ ✓i u n N N N N 1 oG n N N P N$ n e d O N IV O T O P m P n m J1 P n n b b b OJ n n n N N b N N N JI e N N N N N �emmm 0; 0;CK&', a .N.,o Via$ m Id$,Pdr d W, .^., , :ibna$'Yn'Tne O� ti P P P P n P n b N m n b I° �° b m �° b n N J1 N b N e N e N ri N N N Y V V U Y V Y V U U V V V Y Y Y V Y W 2 Z W Z 2 Z Z Z Z Z W Z C S i f f f F f f f as as N 7 a W as eD i i ei s W a a W W W W W ��������� G L L G 6 6 6 G G 6 6 M 1'J li 0 Y' O 0 Y' m m li O 'Y li M cc CC A C 0 m m° u m a A u c' E c •E 3 ° `u ° c A `°' c < g c c y r ,d. a g W E y a i d L i 3? o ISI C F LL j . 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Lm W �1pp app p m p ymmy�� ��pp �p �p p qq /� P O OO W m m m n W m N d N IO IO N N JI ri N b b Q O N 1C Y' 4 4 0 4 1Y N O O N N O N8N p 4 d mo P aO N O pmJ pvpWi�NN-I Tn �p1pp1 r m a v 6 1�ry d Oy 4r.: Nti rPrr N b ae Id aqqn appOb <NN 4an eapVpI e d LL W i i W wV of V V V V U U U V V V V V U V 2 2 2 2 w w z z z z Z 2 a G w w w w w i f f F f F E a v ea c al W W 41 tl M m© N C INi1 Y C O � yy Y y� C p Q L n O O f U O a i t t � c E r. � c �+ i G A N t n c 'p C L C m y A y 4� tl p y 7^E c c ^ Y f. E E S n R g a 12 FIFTH AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND ERICKA HERNANDEZ AMENDMENT NO. 5 This Fifth Amendment (the "Fifth Amendment") is made and entered into effective April 25, 2023, by and between the City of Rosemead, California, a municipal corporation (the "City") and Ericka Hernandez, an individual (the "City Clerk"). The City and the City Clerk are sometimes individually referred to as a "Parry" and collectively as "Parties." RECITALS A. The Parties entered into an Employment Agreement (the "Agreement") on April 10, 2018. B. Section 3 of the Agreement permits the City Council to conduct performance evaluations and grant increases in salary. C. Pursuant to Section 3 (A)(2) of the Agreement, the City Council conducted the City Clerk's performance evaluation. The City Clerk received a "substantially exceeds expectation" review with a 5 rating which would provide for a 5% increase in base salary. D. The Parties now desire to amend the Agreement to reflect the increase in the City Clerk's annual salary. 1. AMENDMENTS Section 3 (a)(1)(a) of the Agreement is hereby amended to read as follows: The annual salary for the position of City Clerk effective April 25, 2023, shall be a total of $128,157.00. 2. REMAINDER UNCHANGED Except as specifically modified and amended in this Fifth Amendment, the Agreement remains in full force and effect and binding upon the parties. 3. INTEGRATION This Fifth Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transactions discussed in this Fifth Amendment. 4. EFFECTIVE DATE This Fifth Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the Parties. 1 5. APPLICABLE LAW 6. The laws of the State of California shall govern the interpretation and enforcement of this Fifth Amendment. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Fifth Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Fifth Amendment. IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the date first indicated above. City CITY OF ROSEMEAD A Municipal Corpooratio By: Sean DQ Mayor ATTEST: By' - _Fticka rnande ' -dry Cy'erk --------- APPROVED _APPROVED AS TO FORM: By: 9': 7 Z/ e / , , /'/'j Rachel H. Richman City Attorney 2 City Clerk Ericka Hernandez An Individual Ericka Hernandez -- `_ City Clerk - - E I L III III I�r . AMENDMENT NO. 4 This Fourth Amendment (the "Fourth Amendment") is made and entered into effective April 26, 2022, by and between the City of Rosemead, California, a municipal corporation (the "City") and Ericka Hernandez, an individual (the "City Clerk"). The City and the City Clerk are sometimes individually referred to as a "Party" and collectively as "Parties." RF,CIT A T ,C A. The Parties entered into an Employment Agreement (the "Agreement") on April 10, 2018. B. On December 14, 2021, the City Council approve a 1% increase to the City Clerk's salary effective December 14, 2021 and a second 1% increase to be effective June 27, 2022 but had not yet amended the contract to reflect that change. C. Section 3 of the Agreement permits the City Council to conduct performance evaluations and grant increases in salary. D. Pursuant to Section 3 (A)(2) of the Agreement, the City Council conducted the City Clerk's performance evaluation. The City Clerk received a "substantially exceeds expectation" review with a 5 rating which would provide for a 5% increase in base salary. E. The Parties now desire to amend the Agreement to reflect the increase in the City Clerk's annual salary. OPERATIVE PROVISIONS 1. AMENDMENTS Section 3 (a)(1)(a) of the Agreement is hereby amended to read as follows: The annual salary for the position of City Clerk effective April 26, 2022, shall be a total of $120,842.00. On June 27, 2022, the annual salary for the position of City Clerk shall increase 1% to $122,050.00 2. REMAINDER UNCHANGED Except as specifically modified and amended in this Fourth Amendment, the Agreement remains in full force and effect and binding upon the parties. 3. INTEGRATION This Fourth Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transactions discussed in this Fourth Amendment. 1 4. EFFECTIVE DATE This Fourth Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the Parties. The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment. 6. REFERENCES All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Fourth Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Fourth Amendment. IN WITNESS WHERE, OF, the Parties have executed this Agreement, as of the date first indicated above. CITY OF ROSEMEAD A Municipal Corporation By: Polly L'o'' Mayor By: E—ricka��Iernan ez City Clerk APPROVED AS TO FORM: By:j�l/j Rachel H. Richman City Attorney I City Clerk Ericka Hernandez An Individual Ericka Hernanez"', City Clerk City of Rosemead FY 2021-22 Salary Ranges and Job Classifications Exhibit Full Time Employees Amended April 26, 2022 Resolution No. 2022-28 Effective Through jure 26. 2022 $� �� �- - e� -� -� �-� • �� a _� �� ff �� g �-- Accountant MM,P&C 5,622 5,791 5,965 6,144 6,328 6,518 6,714 6,915 7,122 7,336 Administrative Analyst MM,P&C 4,759 4,902 5,049 5,200 5,356 5,517 5,683 5,853 6,029 6,210 Administrative Assistant GENL 3,960 4,079 4,201 4,327 4,457 4,591 4,729 4,871 5,017 5,167 Administrative Specialist MM,P&C 4,354 4,485 4,620 4,759 4,902 5,049 5,200 5,356 5,517 5,683 Assistant City Manager APPT 13,088 17,014 Assistant Planner GENL 4,943 5,091 5,244 5,401 5,563 5,730 5,902 6,079 6,261 6,449 Associate Planner MM,P&C 5,613 5,781 5,954 6,133 6,317 6,506 6,701 6,902 7,109 7,322 City Clerk APPT 10,070 10,070 City Council ELEC 1,119 1,119 City Engineer MM,P&C 9,342 9,622 9,911 10,208 10,514 10,829 11,154 11,489 11,834 12,189 City Manager APPT 18,167 18,167 Code Enforcement Officer GENL 4,385 4,517 4,653 4,793 4,937 5,085 5,238 5,395 5,557 5,724 Deputy City Clerk MM,P&C 5,442 5,605 5,773 5,946 6,124 6,308 6,497 6,692 6,893 7,100 Director of Community Development APPT 11,487 14,933 Director of Finance APPT 11,862 15,420 Director of Parks & Recreation APPT 10,924 14,201 Director of Public Works APPT 11,905 15,476 Executive Asst To The City Mgr MM,P&C 4,850 4,996 5,146 5,300 5,459 5,623 5,792 5,966 6,145 6,329 Facilities Technician GENL 3,861 3,977 4,096 4,219 4,346 4,476 4,610 4,748 4,890 5,037 Finance Manager MM,P&C 7,840 8,075 8,317 8,567 8,824 9,089 9,362 9,643 9,932 10,230 Human Resources Analyst MM,P&C 5,164 5,319 5,479 5,643 5,812 5,986 6,166 6,351 6,542 6,738 Human Resources Manager MM,P&C 7,318 7,538 7,764 7,997 8,237 8,484 8,739 9,001 9,271 9,549 Maintenance Lead Worker GENL 4,297 4,426 4,559 4,696 4,837 4,982 5,131 5,285 5,444 5,607 Maintenance Worker GENL 3,744 3,856 3,972 4,091 4,214 4,340 4,470 4,604 4,742 4,884 Management Analyst MM,P&C 5,209 5,365 5,526 5,692 5,863 6,039 6,220 6,407 6,599 6,797 Planning & Econ Development Mgr MM,P&C 7,821 8,056 8,298 8,547 8,803 9,067 9,339 9,619 9,908 10,205 Public Safety Manager MM,P&C 7,181 7,396 7,618 7,847 8,082 8,324 8,574 8,831 9,096 9,369 Public Safety Supervisor MM,P&C 6,526 6,722 6,924 7,132 7,346 7,566 7,793 8,027 8,268 8,516 Public Works Fiscal and Project Mgr MM,P&C 6,231 6,418 6,611 6,809 7,013 7,223 7,440 7,663 7,893 8,130 Public Works Manager MM,P&C 7,650 7,880 8,116 8,359 8,610 8,868 9,134 9,408 9,690 9,981 Recreation Coordinator GENL 4,131 4,255 4,383 4,515 4,650 4,790 4,934 5,082 5,234 5,391 Recreational Supervisor MM,P&C 5,439 5,602 5,770 5,943 6,121 6,305 6,494 6,689 6,890 7,097 Senior Accounting Specialist GENL 4,329 4,459 4,593 4,731 4,873 5,019 5,170 5,325 5,485 5,650 Senior Management Analyst MM,P&C 5,665 5,835 6,010 6,190 6,376 6,567 6,764 6,967 7,176 7,391 Sr Code Enforcement Officer MM,P&C 5,521 5,687 5,858 6,034 6,215 6,401 6,593 6,791 6,995 7,205 City of Rosemead FY 2021-22 Salary Ranges and Job Classifications Full Time Employees Effective June 2, 2022 Exhibit Approved April 26, 2022 Resolution No. 2022-28 g �a E -E Accountant MM,P&C 5,735 5,907 6,084 6,267 6,455 6,649 6,848 7,053 7,265 7,483 Administrative Analyst MM,P&C 4,854 5,000 5,150 5,305 5,464 5,628 5,797 5,971 6,150 6,334 Administrative Assistant GENL 4,040 4,161 4,286 4,415 4,547 4,683 4,823 4,968 5,117 5,270 Administrative Specialist MM,P&C 4,443 4,576 4,713 4,854 5,000 5,150 5,305 5,464 5,628 5,797 Assistant City Manager APPT 13,349 17,354 Assistant Planner GENL 5,042 5,193 5,349 5,509 5,674 5,844 6,019 6,200 6,386 6,578 Associate Planner MM,P&C 5,723 5,895 6,072 6,254 6,442 6,635 6,834 7,039 7,250 7,468 City Clerk APPT 10,171 10,171 City Council ELK 1,119 1,141 City Engineer MM,P&C 9,530 9,816 10,110 10,413 10,725 11,047 11,378 11,719 12,071 12,433 City Manager APPT 18,167 18,167 Code Enforcement Officer GENL 4,475 4,609 4,747 4,889 5,036 5,187 5,343 5,503 5,668 5,838 Deputy City Clerk MM,P&C 5,550 5,717 5,888 6,065 6,247 6,434 6,627 6,826 7,031 7,242 Director of Community Development APPT 11,717 15,232 Director of Finance APPT 12,098 15,728 Director of Parks & Recreation APPT 11,142 14,485 Director of Public Works APPT 12,143 15,786 Executive Asst To The City Mgr MM,P&C 4,949 5,097 5,250 5,407 5,569 5,736 5,908 6,085 6,268 6,456 Facilities Technician GENL 3,938 4,056 4,178 4,303 4,432 4,565 4,702 4,843 4,988 5,138 Finance Manager MM,P&C 7,998 8,238 8,485 8,740 9,002 9,272 9,550 9,836 10,131 10,435 Human Resources Analyst MM,P&C 5,267 5,425 5,588 5,756 5,929 6,107 6,290 6,479 6,673 6,873 Human Resources Manager MM,P&C 7,464 7,688 7,919 8,157 8,402 8,654 8,914 9,181 9,456 9,740 Maintenance Lead Worker GENL 4,383 4,515 4,650 4,789 4,933 5,081 5,233 5,390 5,552 5,719 Maintenance Worker GENL 3,817 3,932 4,050 4,172 4,297 4,426 4,559 4,696 4,837 4,982 Management Analyst MM,P&C 5,315 5,474 5,638 5,807 5,981 6,160 6,345 6,535 6,731 6,933 Planning & Econ Development Mgr MM,P&C 7,978 8,217 8,464 8,718 8,980 9,249 9,526 9,812 10,106 10,409 Public Safety Manager MM,P&C 7,325 7,545 7,771 8,004 8,244 8,491 8,746 9,008 9,278 9,556 Public Safety Supervisor MM,P&C 6,656 6,856 7,062 7,274 7,492 7,717 7,949 8,187 8,433 8,686 Public Works Fiscal and Project Mgr MM,P&C 6,356 6,547 6,743 6,945 7,153 7,368 7,589 7,817 8,051 8,293 Public Works Manager MM,P&C 7,804 8,038 8,279 8,527 8,783 9,046 9,317 9,596 9,884 10,181 Recreation Coordinator GENL 4,215 4,341 4,471 4,605 4,743 4,885 5,032 5,183 5,339 5,499 Recreational Supervisor MM,P&C 5,548 5,714 5,885 6,062 6,244 6,431 6,624 6,823 7,028 7,239 Senior Accounting Specialist GENL 4,417 4,549 4,685 4,826 4,971 5,120 5,274 5,432 5,595 5,763 Senior Management Analyst MM,P&C 5,778 5,951 6,130 6,314 6,503 6,698 6,899 7,106 7,319 7,539 Sr Code Enforcement officer MM,P&C 5,632 5,801 5,975 6,154 6,339 6,529 6,725 6,927 7,135 7,349 THIRD AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND ERICKA HERNANDEZ AMENDMENT NO.3 This Third Amendment (the "Third Amendment") is made and entered into effective April 27, 2021, by and between the City of Rosemead, California, a municipal corporation (the "City") and Ericka Hernandez, an individual (the "City Clerk"). The City and the City Clerk are sometimes individually referred to as a "Party" and collectively as "Parties." RECITALS A. The Parties entered into an Employment Agreement (the "Agreement") on April 10, 2018. B. On April 13, 2021, the City Council approved an adjustment to employee benefits for the City Clerk, which resulted in a 5% increase to the City Clerk's salary. C. Section 3 of the Agreement permits the City Council to conduct performance evaluations and grant increases in salary. D. Pursuant to Section 3 (A)(2) of the Agreement, the City Council conducted the City Clerk's performance evaluation. The City Clerk received a "substantially exceeds expectation" review with a 5 rating. E. The City Council also desires change the current severance of 9 -month pay and benefits to 12 -months pay and benefits. F. The Parties now desire to amend the Agreement to reflect the increase in the City Clerk's annual salary and change in severance. OPERATIVE PROVISIONS 1. AMENDMENTS Section 3 (a)(1)(a) of the Agreement is hereby amended to read as follows: The annual salary for the position of City Clerk shall be a total of $113,949.06. Section D (1) of the Agreement is hereby amended to read as follows: In the event the City Clerk is terminated, by the City Council during such time that the City Clerk is willing and able to perform the City Clerk's duties under this Agreement, then in that event the City agrees to pay the City Clerk severance payment equivalent to twelve (12) months of compensation in effect as provided herein. 2. REMAINDER UNCHANGED Except as specifically modified and amended in this Third Amendment, the Agreement remains in full force and effect and binding upon the parties. 3. INTEGRATION This Third Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Third Amendment. 4. EFFECTIVE DATE This Third Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the Parties. 5. APPLICABLE LAW The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment. 6. REFERENCES All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Third Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Third Amendment. IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the date first indicated above. City CITY OF ROSEMEAD AN IC ATTEST: By:*orliaMo%1led'a" City Manager APPROVED AS TO FORM: By:?Ii1jll,Lwvla Rachel H. Richman City Attorney 2 City Clerk Ericka Hernandez An Individual nA-- Ericka Hernandez City Clerk rwA I"1 SECOND AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND ERICKA HERNANDEZ AMENDMENT NO. 2. This Second Amendment (the "Second Amendment") is made and entered into effective May 12, 2020, by and between the City of Rosemead, California, a municipal corporation (the "City") and Ericka Hernandez, an individual (the "City Clerk"). The City and the City Clerk are sometimes individually referred to as a "Party" and collectively as "Parties." RECITALS A. The Parties entered into an Employment Agreement (the "Agreement") on April 10, 2018. B. On April 28, 2020, the City Council approved an adjustment to employee benefits for the City Clerk, which resulted in a 5% increase to the City Clerk's salary. C. Section 3 of the Agreement permits the City Council to conduct performance evaluations and grant increases in salary. D. Pursuant to Section 3 (A)(2) of the Agreement, the City Council conducted the City Clerk's performance evaluation. The City Clerk received a "substantially exceeds expectation" review with a 5 rating. E. The City Council also desires change the current severance of 6 -month pay and benefits to 9 - months pay and benefits. F. The Patties now desire to amend the Agreement to reflect the increase in the City Clerk's annual salary and change in severance. OPERATIVE PROVISIONS 1. AMENDMENTS Section 3 (a)(1)(a) of the Agreement is hereby amended to read as follows: The annual salary for the position of City Clerk shall be a total of $108,522:92. Section D (1) of the Agreement is hereby amended to read as follows: In the event the City Clerk is terminated, by the City Council during such time that the City Clerk is willing and able to perform the City Clerk's duties under this Agreement, then in that event the City agrees to pay the City Clerk severance payment equivalent to nine (9) months of compensation in effect as provided herein. 2. REMAINDER UNCHANGED Except as specifically modified and amended in this Second Amendment, the Agreement remains in full force and effect and binding upon the parties. 1 3. 4. 5. 6. INTEGRATION This Second Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Second Amendment. EFFECTIVE DATE This Second Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the Parties. APPLICABLE LAW The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment. REFERENCES All references to the Agreement include all their respective terns and provisions. All defined terms utilized in this Second Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Second Amendment. IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the date first indicated above. City CITY OF ROSEMEAD A Municipal Corporation Sandra Armenta Mayor ATTEST---- Eiloria Molleda \ City Manager APWachelH. O ORM By man City Attorney 2 City Clerk Ericka Hernandez An Individual Ericka Hernandez City Clerk FIRST AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND ERICKA HERNANDEZ AMENDMENT NO.1 This First Amendment (the "First Amendment") is made and entered into effective May 28, 2019, by and between the City of Rosemead, California, a municipal corporation (the "City") and Ericka Hernandez, an individual (the "City Clerk"). The City and the City Clerk are sometimes individually referred to as a "Party" and collectively as "Parties." RECITALS A. The Parties entered into an Employment Agreement (the "Agreement") on April 10, 2018. B. On April 9, 2019, the City Council approved an adjustment to employee benefits for the City Clerk, which resulted in a 5% increase to the City Clerk's salary. C. Section 3 of the Agreement permits the City Council to conduct performance evaluations and grant increases in salary. D. Pursuant to Section 3 (A)(2) of the Agreement, the City Council conducted the City Clerk's performance evaluation. The City Clerk received a "Substantially exceeds expectation" review with a 5 rating. E. The City Council also desires to reclassify the City Clerk position from Mid -Management to Management, implement a 3% adjustment with Management benefits, in addition to the 5% performance evaluation increase. F. The Parties now desire to amend the Agreement to reflect the increase in the City Clerk's annual salary. OPERATIVE PROVISIONS 1. AMENDMENT Section 3 (a)(1)(a) of the Agreement is hereby amended to read as follows: The annual salary for the position of City Clerk shall be a total of $103,352.24. 2. REMAINDER UNCHANGED Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties. 3. INTEGRATION This First Amendment constitutes the entire understanding and agreement of the parties 1 and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment. 4. EFFECTIVE DATE This First Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the Parties. 5. APPLICABLE LAW The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. 6. REFERENCES All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment. IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the date first indicated above. City CITY OF ROSEMEAD A Municipal Corporation By: Margaret Clark Mayor ATTEST: By: 619= Ericka Hernandez City Clerk APPRO, ED AS T FORM: By: alkl& Rachel H. Richman City Attorney 2 City Clerk Ericka Hernandez An Individual A�� Ericka Hernandez City Clerk CITY CLERK EMPLOYMENT AGREEMENT between the City of Rosemead and Ericka Hernandez 1. PARTIES AND DATE This Agreement is entered into as of April 10, 2018, by and between the City of Rosemead, California, a municipal corporation (the "City"), and Ericka Hernandez, an individual (the "City Clerk"). The City and the City Clerk are sometimes individually referred to as a "Party" and collectively as -'Parties." 2. EMPLOYMENT The City hereby employs the City Clerk, and the City Clerk hereby accepts such employment. Employee shall assume the position of City Clerk on April 10, 2018, and remain in the exclusive employment of the City until either party exercises their separation rights as stipulated in Section 5 of this agreement. 3. COMPENSATION The City agrees to provide the following compensation to the City Clerk during the term of the agreement: A. Compensation & Required Employer Costs 1. Base Salary (a) The annual salary for the position of City Clerk shall initially be $95,563.80 ($7,963.65 per month). (b) The City Clerk shall be paid at the same intervals and in the same manner as regular City employees. 2. Performance Evaluation (a) The City Council shall conduct an initial evaluation of the City Clerk's performance sometime in April 2019. Thereafter, the City Council will have the option of evaluating the City Clerk on an annual basis. Basic Benefits (b) The City Council and the City Clerk agree that performance evaluations, for the purpose of mid -course corrections, may occur quarterly or several times during each calendar year. (1) Leave Allowances & Holidays The City Clerk shall receive the same vacation, sick leave accrual, administrative leave accrual, and other leave & holiday benefits as provided to the Middle Management classification of City employees. 4. SECURITY A. Insurance (1) Health & Welfare Insurances The City Clerk shall receive the same health, welfare, and ancillary benefit insurance options that are provided to all other employees in the Middle Management classification. 5. SEPARATION A. Resignation/Retirement The City Clerk may resign at any time and agrees to give the City at least 45 days advance written notice of the effective date of the City Clerk's resignation, unless the Parties otherwise agree in writing. B. Termination & Removal (1) The City Clerk is an at -will employee serving at the pleasure of the City Council as provided in Government Code Section 36506. (2) The City Council may remove the City Clerk at any time, with or without cause, by a majority vote of itsmembers. C. Separation for Cause (1) The City Clerk may be terminated for cause. As used in this section, "cause" shall mean only one or more the following: (a) Conviction of a felony; (b) Continued abuse of non-prescription drugs or alcohol that materially affects the performance of the Clerk's duties; or (c) Repeated and protracted unexcused absences from the City Clerk's office and duties. D. Severance Pay (1) In the event the City Clerk is terminated, by the City Council during such time that the City Clerk is willing and able to perform the City Clerk's duties under this Agreement, then in that event the City agrees to pay the City Clerk severance payment equivalent to six (6) months of compensation in effect as provided herein. (2) All payments required under Section 5.1) (1) are subject to and shall be interpreted to comply with the limitations set forth in Government Code Section 53260. 6. MISCELLANEOUS PROVISIONS A. Amendments This Agreement may be amended at any time by mutual agreement of the City and the City Clerk. Any amendments are to be negotiated, put in writing, and adopted by the City Council. B. Conflict of Interest (1) The City Clerk shall not engage in any business or transaction or shall have a financial or other personal interest or association, direct or indirect, which is in conflict with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business, personal, or political associations. This section shall not serve to prohibit independent acts or other forms of enterprise during those hours not covered by active City employment, providing such acts do not constitute a conflict of interest as defined herein. (2) The City Clerk shall also be subject to the conflict of interest provisions of the California Government Code and any conflict of interest code applicable to the City Clerk's City employment. (3) The City Clerk is responsible for submitting the appropriate Conflict of Interest Statements at the time of appointment, annually thereafter, and at the time of separation from theposition. C. Severability If any clause, sentence, part, section, or portion of this Agreement is found by a court of competent jurisdiction to be illegal or unenforceable, such clause, sentence, part, section, or portion so found shall be regarded as though it were not part of this Agreement and the remaining parts of this Agreement shall be fully binding and enforceable by the Parties hereto. D. Jurisdiction and Venue This Contract shall be construed in accordance with the laws of the State of California, and the Parties agree that venue shalt be in Los Angeles County, California. E. Entire Agreement This Contract represents the entire agreement of the Parties, and no representations have been made or relied upon except as set forth herein. This Contract may be amended or modified only by a written, fully executed agreement of the Parties. 7. EXECUTION IN WITNESS WHEREOF the Parties have executed this Agreement as of the day and year first above written. City CITY OF ROSEMEAD A municipal Corporation P By: / �LL even. Ly, Mayor City Clerk ERICKA HERNANDEZ, An individual By: Ericka Hernandez ATTEST: By: t�, O l loria Molleda, City Manager APPROVED AS FORM: By:., Rachel H. Richman City Attorney FIRST AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND MARC DONOHUE AMENDMENT NO. 1 This First Amendment (the "First Amendment') is made and entered into effective September 12, 2017, by and between the City of Rosemead, California, a municipal corporation (the "City") and Marc Donohue, an individual (the "City Clerk"). The City and the City Clerk are sometimes individually referred to as a "Party" and collectively as "Parties." RECITALS A. The Parties entered into an Employment Agreement (the "Agreement") on July 26, 2016. B. On July 1, 2017, the City Council approved an adjustment to employee benefits for the City Clerk, which resulted in a 1% increase to the City Clerk's salary. C. Section 3 of the Agreement permits the City Council to conduct performance evaluations and grant increases in salary. D. Pursuant to Section 3 (A)(2) of the Agreement, the City Council conducted the City Clerk's performance evaluation. The City Clerk received a "meets expectation' review with a 3.6 rating. E. The City Council desires to implement a 2% increase in the City Clerk's annual salary to a total of $98,452. F. The Parties now desire to amend the Agreement to reflect the increase in the City Clerk's annual salary. OPERATIVE PROVISIONS 1. AMENDMENT Section 3 (a)(1)(a) of the Agreement is hereby amended to read as follows: The annual salary for the position of City Clerk shall be $98,452. 2. REMAINDER UNCHANGED Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties. 3. INTEGRATION This First Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment. 4. EFFECTIVE DATE This First Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the Parties. 5. APPLICABLE LAW The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. 6. REFERENCES All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment. IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the date first indicated above. City CITY OF ROSEMEAD A Municipal Corporation By: 1-7L POI—ly K' Mayor ATTEST: 7 � By. Marc Donohue City Clerk AP D AS TO FORM: By � �i Rachel H. Richman City Attorney City Clerk Marc Donohue An Individual Marc Donohue City Clerk CITY CLERK EMPLOYMENT AGREEMENT between the City of Rosemead and Marc Donohue PARTIES AND DATE This Agreement is entered into as of July 26, 2016, by and between the City of Rosemead, California, a municipal corporation (the "City"), and Marc Donohue, an individual (the `City Clerk"). The City and the City Clerk are sometimes individually referred to as a "Party" and collectively as "Parties" 2. EMPLOYMENT The City hereby employs the City Clerk, and the City Clerk hereby accepts such employment. Employee shall assume the position of City Clerk on August 1, 2016, and remain in the exclusive employment of the City until either party exercises their separation rights as stipulated in Section 5 of this agreement. 3. COMPENSATION The City agrees to provide the following compensation to the City Clerk during the term of the agreement: A. Compensation & Required Employer Costs (1) Base Salary (a) The annual salary for the position of City Clerk shall initially be $95,563.80 ($7,963.65 per month). (b) The City Clerk shall be paid at the same intervals and in the same manner as regular City employees. (2) Performance Evaluation (a) The City Council shall conduct an initial evaluation of the City Clerk's performance sometime in February 2017. Thereafter, the City Council will have the option of evaluating the City Clerk on an annual basis. (b) The City Council and the City Clerk agree that performance evaluations, for the purpose of mid -course corrections, may occur quarterly or several times during each calendar year. B. Basic Benefits (1) Leave Allowances & Holidays The City Clerk shall receive the same vacation, sick leave accrual, administrative leave accrual, and other leave & holiday benefits as provided to the Middle Management classification of City employees. 4. SECURITY A. Insurance (1) Health & welfare Insurances The City Clerk shall receive the same health, welfare, and ancillary benefit insurance options that we provided to all other employees in the Middle Management classification. 5. SEPARATION A. Resignation/Retirement The City Clerk may resign at any time and agrees to give the City at least 45 days advance written notice of the effective date of the City Clerk's resignation, unless the Parties otherwise agree in writing. B. Termination & Removal (1) The City Clerk is an at -will employee serving at the pleasure of the City Council as provided in Government Code Section 36506. (2) The City Council may remove the City Clerk at any time, with or without cause, by a majority vote of its members. C. Separation for Cause (1) The City Clerk may be terminated for cause. As used in this section, "cause" shall mean only one or more the following: (a) Conviction of a felony: (b) Continued abuse of non-prescription drugs or alcohol that materially affects the performance of the Clerk's duties; or (c) Repeated and protracted unexcused absences from the City Clerk's office and duties. (2) In the event the City terminates the City Clerk for cause, then the City may terminate this Agreement immediately, and the City Clerk shall be entitled to only the compensation accrued up to the date of termination. MISCELLANEOUS PROVISIONS A. Amendments This Agreement may be amended at any time by mutual agreement of the City and the City Clerk. Any amendments are to be negotiated, put in writing, and adopted by the City Council. B. Conflict of Interest (1) The City Clerk shall not engage in any business or transaction or shall have a financial or other personal interest or association, direct or indirect, which is in conflict with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business, personal, or political associations. This section shall not serve to prohibit independent acts or other forms of enterprise during those hours not covered by active City employment, providing such acts do not constitute a conflict of interest as defined herein. (2) The City Clerk shall also be subject to the conflict of interest provisions of the California Government Code and any conflict of interest code applicable to the City Clerk's City employment. (3) 'fhe City Clerk is responsible for submitting the appropriate Conflict of Interest Statements at the time of appointment, annually thereafter, and at the time of separation from the position. C. Severability If any clause, sentence, part, section, or portion of this Agreement is found by a court of competent j urisdiction 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. D. Jurisdiction and Venue This Contract shall be construed in accordance with the laws of the State of California, and the Parties agree that venue shalt be in Los Angeles County, California. E. Entire Agreement This Contract represents the entire agreement of the Parties, and no representations have been made or relied upon except as set forth herein. This Contract may be amended or modified only by a written, fully executed agreement of the Parties. EXECUTION IN WITNESS WHEREOF the Parties have executed this Agreement as of the day and year first above written. City CITY OF ROSEMEAD A municipal Corporation _ASandra Armenia, Mayor I 1 ATTESifi��& By: Ericka I Iemandez, Acting City Clerk APPROVED AS TO FORM: By: Rae man City Attorney City Clerk MARK DONOHUE An individual By: Mark Donohue SIXTH AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT 1. Parties and Date. THIS SIXTH AMENDMENT TO THE CITY CLERK EMPLOYMENT AGREEMENT (hereinafter "Sixth Amendment') is made and entered into this 28" day of October, 2014 by and between the City of Rosemead, a California municipal corporation (hereinafter "City"), and City Clerk Gloria Molleda (hereinafter "Employee"). 2. Recitals. 2.1 City and Employee entered into that certain Employment Agreement dated January 8, 2008 (hereinafter `Employment Agreement, whereby Employee agreed to serve as the City Clerk of the City of Rosemead. 2.2 City and Employee executed the First Amendment of that Employment Agreement on May 27, 2008. 2.3 City and Employee executed the Second Amendment of that Employment Agreement on June, 1, 2010. 2.4 City and Employee executed the Third Amendment of that Employment Agreement on June 12, 2011. 2.5 City and Employee executed the Fourth Amendment of the Employment Agreement on June 12, 2012. 2.6 City and Employee executed the Fifth Amendment of the Employment Agreement on August 13, 2013. 2.7 City and Employee now desire to make a Sixth Amendment to certain provisions of the City Clerk Employment Agreement relating to compensation and job title. 3. Terms. 3.0 Section 3.A.1 of the Employment Agreement is hereby amended by restating Section 3.A.1 to read as follows: (1) Base Salary (a) Resolution No. 201453 formally incorporates the position of City Clerk/Director of Communications into the Management Service of the City at the salary range currently in effect for department directors, which is $9,051 to $12,245 per month. 3.1 Section 3.0 of the Employment Agreement is hereby added to the employment agreement to read as follows: (1) Job Title .. (a) Shall be changed to City Clerk/Director of Communications 4. Force and Effect. 4.1 Except as amended by this Sixth Amendment, all provisions of the Employment Agreement and Third Amendment to City Clerk Employment Agreement shall remain in full force and effect and shall govern the actions of the City and Employee under this Sixth Amendment. IN WITNESS WHEREOF, City has caused this Sixth Amendment to be signed and duly executed on its behalf by its Mayor, and duly attested by its City Manager, and Employee has signed and executed this Amendment, to be effective as of the day and year first above written. C(�11TYJ/� /n Y 1r, William Alarcon, Mayor ATTEST: Jeffry lre ,City Manag EMPLOYEE &m W11191 Gloria Molleda APPROVE AS TOFORM: Rachel Richman, Crty Attorney RESOLUTION NO. 2014-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA AMENDING RESOLUTION NO. 2014-13 THAT ESTABLISHES SALARY RANGES AND BENEFITS FOR CLASSIFICATIONS IN THE MANAGEMENT SERVICE OF THE CITY WHEREAS, the classification of City Clerk is a member of the City's management team and like other department heads serves in an exempt, "at -will' employment capacity; and WHEREAS, the City Council has expanded the scope of duties of the City Clerk position to include significant responsibility for public information and external communications, and has directed that the title of this classification be modified to City Clerk/Director of Communications; and WHEREAS, the City Clerk is desirous of including the classification of City Clerk/Director of Communications in the Management Service of the City: NOW, THEREFORE, BE IT RESOLVED that the Management Service Salary and Benefits Resolution be amended to Include the classification of City Clerk/Director of Communications as follows: SECTION 1 APPLICABLILITY. This section of Resolution No. 2014-13 is hereby amended to include the classification of City Clerk/Director of Communications, SECTION 2. The salary range for the classification of City ClerklDirector of Communications is established as $9,051 to $12,245 per month consistent with the other department director positions within the City. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Rosemead on the 281h day of October, 2014. ATTEST: Gloria Molleda City Clerk Ale - Bill Alarcon, Mayor APPROVED AS TO FORM: Rachel Richman City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the foregoing Resolution No. 2014-53 being: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA AMENDING RESOLUTION NO. 2014.13 THAT ESTABLISHES SALARY RANGES AND BENEFITS FOR CLASSIFICATION IN THE MANAGEMENT SERVICE OF THE CITY was duly and regularly approved and adopted by the Rosemead City Council on the 28th of October, 2014, by the following vote to wit: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Absent: None Abstain: None Gloria Molleda City Clerk City of Rosemead CITY CLERK/DIRECTOR OF COMMUNICATIONS Department: Administration Class Code: 1150 Revised Date. OCTOBER 2014 FLSA Status: Exempt GENERAL PURPOSE: Acts as City Clerk for the City of Rosemead and performs the full duties of the office as defined by law; performs technical, legal and administrative duties in managing the official records of the City, maintaining the required historical municipal data, and conducting municipal elections; assures technical compliance with City and state regulations. Plans and coordinates the public relations programs for the City of Rosemead, including internal and external communications, media relations and, community outreach; develops and produces accurate, timely and accessible public information about City programs and issues. PRIMARY DUTIES AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all team members in this classification, only a representative summary of the primary duties and responsibilities. Incumbents) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. • Manages and coordinates the operations of the City Clerk's office, performs technical, legal and administrative duties in managing the official records of the City; assures official City activities are in compliance with Federal, state, and City policies and practices. • Provides confidential and specialized administrative support and special research functions for the City Council; reviews, approves and prepares meeting agendas, ordinances, resolutions, agreements and supporting documentation, and assures the proper internal approvals and distribution. • Reviews, approves, compiles, prepares and distributes public meeting information packets, manages the technical preparation, recordation and transcribing of proceedings during special and regular meetings and public hearings of the City Council and Commissions, attends meetings and assures completion of required follow-up on meeting action items. • Reviews official documents, resolutions, ordinances, and meeting minutes; manages publication of official notices and agendas: receives, processes and responds to legal and technical documents, contracts, bids, proposals, and requests for information, updates the Municipal Code. • Plans and conducts City elections, and maintains election records; recruits and trains election workers. • Plans and conducts Advisory Group meetings for bilingual voters; compiles suggestions and updates voter information and the voting process, assures compliance with the Voter Rights Act. • Acts as official custodian of records, and assures the accuracy of technical files and official records; assures City records management program is in compliance with California statutes. • Collects technical and administrative information and: compiles data for reports: prepares and distributes regular and special reports, identifies and researches compliance issues, and recommends solutions. • Coordinates communications between the City Council and Departments; clarifies issues on City Council meetings and formal procedures; assists team members as needed; provides administrative services for City Commissions, other government agencies and the general public. • Assures the absolute confidentiality of all records and information. • Supervises assigned team members, monitors work, develops skills, and evaluates performance. • Coordinates development of information and communications strategies to assure that the City's key messages reach external customers: writes, edits and disseminates Information packages to promote public awareness of City programs, services and legislative changes. JOB DESCRIPTION City Clerk - Director of Communications class specification • Coordinates public information projects including community relations, media relations, public policy and marketing. • Attends City-wide functions and provides services for social media and photography. • Assists in the development of public communications strategies; researches and analyzes municipal issues to develop recommendations for the dissemination of public information to coordinate community issues; monitors and tracks stories in local media, responds to inquiries from media outlets and media relations. • Designs, produces and distributes public communications and promotional materials utilizing a variety of communications tools; works with Departments to collect information and develop an effective communications strategy; develops and implements promotional ideas and publicity plans for special events, programs and projects. • Designs and coordinates the production of publications, brochures, flyers, and other informational materials as required by City Departments, develops effective relationships with neighborhood and community groups, and facilitates participation in community outreach programs, interprets and explains City programs and philosophies. • Assists in composing communications and marketing materials on a wide variety of subjects requiring knowledge of City procedures and policies, creates, edits and preparestmecia articles, press releases, videos, technical documents, information packets, special reports and other communications. • Conducts and coordinates assigned projects, research studies, surveys and special events, assists in developing and presenting proactive, innovative ideas to promote City issues; maintains City website. • Coordinates City's efforts in facilitating appropriate protocols with various dignitaries and visitors to the City. • Supports the relationship between the City of Rosemead and the constituent population by providing excellent customer service; promotes the City goals and priorities in compliance with all policies and procedures; maintains absolute confidentiality of work-related issues, client records and City information; performs related duties as required or assigned. MINIMUM QUALIFICATIONS: Education and Experience: Bachelor's Degree in Public or Business Administration, Communications, Public Relations, Marketing or related field; AND five years of experience as a municipal or county clerk, preferably in California, including experience and/or professional training in communications and public relations; OR an equivalent combination of education and experience. Required Licenses or Certifications: • Must possess or have the ability to obtain an appropriate California Driver's License and a satisfactory driving record. • Registration as a Certified Municipal Clerk and Notary Public certification are required. Required Knowledge of: • City organization, operations, policies and procedures. • Federal and state laws and statutes governing municipal operations and open meetings, including California Public Employment Relations Board, the Meyers-Milias-Brown Act, California Public Records Act, California Elections Code, and the Voters Rights Act. • Principles and practices of records retention, record keeping, and municipal contract administration. • Municipal election process and governing laws and regulations. • City ordinances, codes, policies, resolutions, and agreements. • Legal, ethical and professional rules of conduct for public sector employees and elected officials. • Record keeping and file maintenance principles and procedures. City Clerk/Direct" of Communicafions 2 of 3 JOB DESCRIPTION City Clerk - Director of Communications class specification • Modern principles and techniques of marketing, public information, mass communications, media relations and community relations programs. • Professional journalistic methods, including research, presentation, multimedia and publication. • Local community resources and regional community services programs. • Project planning. • Methods and techniques used to develop and produce marketing and communications projects. • Computer graphic design techniques and publication software applications. Required Skill in: • Analyzing technical and statutory issues, evaluating alternatives, and making decisions based on findings. • Understanding and applying applicable Federal rules and regulations and statutory standards. • Reviewing, correcting and maintaining complex and extensive public records. • Investigating, analyzing and resolving complicated and sensitive issues and complaints. • Assuring the City's compliance with all laws, regulations, and rules. • Assessing and prioritizing multiple tasks, projects and demands. • Operating a personal computer utilizing standard and specialized software. • Developing and coordinating community relations and communications programs and strategies. • Compiling and analyzing information from a variety of sources, and developing effective action plans. • Maintaining composure, and working effectively in a high-pressure environment with changing priorities. • Writing, editing and developing a variety of communications materials. • Communicating effectively with City team members, members of the media, other agencies, and the public. • Preparing and presenting information to diverse audiences, including public speaking engagements. • Assessing and prioritizing multiple tasks, projects and demands. • Working in committee settings. • Establishing and maintaining cooperative working relationships with City staff, public officials, community groups, outside agencies, media representatives, and the general public. • Effective verbal and written communication. Physical Demands /Work Environment: • Work Is performed in a standard office environment. May be required to travel to various sites, locations and/or events. • Team members are required to be in attendance and prepared to begin work at their assigned work location on the specified days and hours; team members are required to assume duties of a disaster worker in the event of a locally declared emergency. r..,,111— .e.... r-- ,.-u..... 3 of 3 ROSEMEAD CITY COUNCIL STAFF REPORT TO: MAYOR AND CITY COUNCIL MEMBEERS////// FROM: JEFF ALLRED, CITY MANAGER DATE: OCTOBER 28, 2014 SUBJECT: AMENDMENTS TO EMPLOYMENT AGREEMENT FOR CITY CLERK/DIRECTOR OF COMMUNICATIONS AND MANAGEMENT SALARY AND BENEFITS RESOLUTION SUMMARY The City Council will consider an amendment to the employment agreement for the City Clerk/Director of Communications and the adoption of a Resolution formally placing this position into the Management Service of the City. It is recommended that the City Council take action to: 1. Approve a modification to the Employment Agreement for the City Clerk/Director of Communications; and 2. Adopt Resolution No. 2014-53 placing the classification of City Clerk/Director of Communications into the Management Service of the City at the salary range currently in effect for department directors. BACKGROUND In August of 2013, the City Council directed that the role of the City Clerk be expanded to include various external communications functions that were previously performed by the vacated Public Information Officer position. These tasks included oversight and maintenance of the City's website as well as the City's Facebook and Twitter accounts, community outreach efforts through the preparation and distribution of press releases, flyers, e -alerts, etc. On October 14, 2014, the City Council conducted the annual performance evaluation for the City Clerk and again provided a rating of Substantially Exceeds Expectations. The Council also directed that the title and duties of the position be expanded to City Clerk/Director of Communications at the department director level. ITEM N0. 5.6 City Council Meeting September 27,2011 Pace 2 of 2 (Attached is the class specification for City Clerk/Director of Communications.) Proposed Resolution No. 2014-53 (attached) formally incorporates the position of City Clerk/Director of Communications into the Management Service of the City at the salary range currently in effect for department directors, which is $9,051 to $12,245 per month. Attachment A — Classification Spec Attachment B — Resolution No. 2014-53 Attachment C — Contract Amendment FIFTH AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT 1. Parties and Date. THIS FIFTH AMENDMENT TO THE CITY CLERK EMPLOYMENT AGREEMENT (hereinafter "Fifth Amendment') is made and entered into this 13th day of August, 2013 by and between the City of Rosemead, a California municipal corporation (hereinafter "City"), and City Clerk Gloria Molleda (hereinafter "Employee"). 2. Recitals. 2.1 City and Employee entered into that certain Employment Agreement dated January 8, 2008 (hereinafter "Employment Agreement'), whereby Employee agreed to serve as the City Clerk of the City of Rosemead. 2.2 City and Employee executed the First Amendment of that Employment Agreement on May 27, 2008. 2.3 City and Employee executed the Second Amendment of that Employment Agreement on June, 1, 2010. 2.4 City and Employee executed the Third Amendment of that Employment Agreement on June 12, 2011. 2.5 City and Employee executed the Fourth Amendment of the Employment Agreement on June 12, 2012. 2.6 City and Employee now desire to make a Fifth Amendment to certain provisions of the City Clerk Employment Agreement relating to compensation and job title. 3. Terms. 3.0 Section 3.A.1 of the Employment Agreement is hereby amended by restating Section 3.A.1 to read as follows: (1) Base Salary (a) The annual salary for the position of the City Clerk shall be $101,185.96 3.1 Section 3.0 of the Employment Agreement is hereby added to the employment agreement to read as follows: (1) Job Title (a) Shall be changed to City Clerk/Director of Public Information and Communications 4. Force and Effect. 4.1 Except as amended by this Fourth Amendment, all provisions of the Employment Agreement and Third Amendment to City Clerk Employment Agreement shall remain in full force and effect and shall govern the actions of the City and Employee under this Fourth Amendment. IN WITNESS WHEREOF, City has caused this Fourth Amendment to be signed and duly executed on its behalf by its Mayor, and duly attested by its City Manager, and Employee has signed and executed this Amendment, to be effective as of the day and year first above written. CITY i Polly Low L4�ar FIN W 0 NII WIN I,; �[�...�, EMPLOYEE I 0 U)��.. UO,. APPROVE AS TOFORM: achel Richman, City Attorney ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: AUGUST 13, 2013 SUBJECT: AMENDMENT TO THE CITY CLERK EMPLOYMENT AGREEMENT SUMMARY On July 23, 2013, the City Council conducted an annual review of the City Clerk's job performance and provided a rating of Substantially Exceeds Expectations. The City's established policies and procedures for merit salary adjustments apply to the City Clerk in the same manner as all other full-time employees of the City. Under the City's compensation system, a performance rating of Substantially Exceeds Expectations equates to a merit salary adjustment of 5% within the established salary range. In addition, the City Council expressed its desire and intent to expand the City Clerk's role in the organization by assigning additional duties and responsibilities in the area of public information and communications. As a result, the amendment to the City Clerk's employment agreement modifies the title of the incumbent City Clerk to that of City Clerk/Director of Public Information and Communications. Staff Recommendation Staff recommends that the City Council approve the Fifth Amendment to City Clerk Employment Agreement. BACKGROUND/ANALYSIS Under the provisions of Section 2.08.070 of the Rosemead Municipal Code, the City Clerk serves under the direct control of the City Council. However, Section 2.08.090 provides that it is the duty of the City Clerk to cooperate with and assist the City Manager in administering the affairs of the City in an efficient, economic and harmonious manner. As explained above, the City Council has, through the annual performance evaluation process, again provided incumbent City Clerk Gloria Molleda with a job performance rating of Substantially Exceeds Expectations with a corresponding merit salary adjustment of 5% within the existing established salary range. In so doing, the City Council has also expressed its desire and intent to expand the incumbent City Clerk's role in the organization by assigning additional duties and responsibilities in the operational area of public information and communications. Consequently, the title of the incumbent City Clerk is to be modified to City Clerk/Director of Public Information ITEM NUMBER: City Council Meeting August 13, 2013 Page 2 of 2 and Communications. In addition to the existing duties of City Clerk, the expanded title of City Clerk/Director of Public Information and Communication will entail duties and responsibilities that will be incorporated into a class specification to be developed by the City Manager in accordance with the City's established classification and compensation administration policy. Under direction of the City Manager, such additional responsibilities will include, but will not be limited to, the following: • Develop, produce, monitor and maintain the City's external communication vehicles, including the City's website, marketing materials, publications, invitations, flyers, advertisements, and social media outlets, including Facebook, and Twitter • Coordinate development of information and communications strategies to assure that the City's key messages reach external customers • Write, edit and disseminate press releases and information packages to promote public awareness of City programs, services, and legislative changes • Monitor and track comments and stories in local media and social media outlets, and respond to inquiries from members of the public as well the print and electronic media • Develop, integrate, and implement public information and public relations initiatives and activities designed to enhance the City's profile and brand • Cultivate and maintain strong media relationships • Create and launch new media, as needed • Work with the City Manager to achieve organizational goals and objectives by administering communications and public relations initiatives as determined by the larger organizational strategic planning process The above stated duties and responsibilities of the City Clerk/Director of Information and Communication will commence immediately. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Attachment A — Fifth Amendment to City Clerk Employment Agreement 213 FOURTH AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT 1. Parties and Date. THIS FOURTH AMENDMENT TO THE CITY CLERK EMPLOYMENT AGREEMENT (hereinafter "Fourth Amendment") is made and entered into this 121h day of June, 2012 by and between the City of Rosemead, a California municipal corporation (hereinafter "City"), and City Clerk Gloria Molleda (hereinafter "Employee"). 2. Recitals. 2.1 City and Employee entered into that certain Employment Agreement dated January 8, 2008 (hereinafter "Employment Agreement"), whereby Employee agreed to serve as the City Clerk of the City of Rosemead. 2.2 City and Employee executed the First Amendment of that Employment Agreement on May 27, 2008. 2.3 City and Employee executed the Second Amendment of that Employment Agreement on June, 1, 2010. 2.4 City and Employee executed the Third Amendment of that Employment Agreement on June 12, 2011. 2.5 City and Employee now desire to make a Fourth Amendment to certain provisions of the City Clerk Employment Agreement relating to severance pay. 3. Severance Pay. 5.0 Section 5.0 of the Employment Agreement is hereby amended by restating Section 5D to read as follows: (1) In the event the City Clerk is terminated by the City Council during such time that the City Clerk is willing and able to perform the City Clerk's duties under this Agreement, then in that event the City agrees to pay the City Clerk a severance payment equivalent to (9) months of compensation in effect as provided herein. (2) All payments required under Sections 5D (1) are subject to and shall be interpreted to comply with the limitations set forth in Government Code Section 53260. 4. Force and Effect. 4.1 Except as amended by this Fourth Amendment, all provisions of the Employment Agreement and Third Amendment to City Clerk Employment Agreement shall remain in full force and effect and shall govern the actions of the City and Employee under this Fourth Amendment. IN WITNESS WHEREOF, City has caused this Fourth Amendment to be signed and duly executed on its behalf by its Mayor, and duly attested by its City Manager, and Employee has signed and executed this Amendment, to be effective as of the day and year first above written. WF4� 1111 -2 92 EMPLOYEE tul,W 1�/Io�KX� Gloria Molleda APPROVE AS TOFORM: f 'Rachel Richman, City Attorney ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: JUNE 12, 2012 SUBJECT: AMENDMENT TO THE CITY CLERK EMPLOYMENT AGREEMENT SUMMARY On May 22, 2012, the City Council conducted an annual review of the City Clerk's job performance and provided a rating of Substantially Exceeds Expectations. The.City's established policies and procedures for merit salary adjustments apply to the City Clerk in the same manner as all other full-time employees. Under the City's compensation system, a performance rating of Substantially Exceeds Expectations equates to a merit salary adjustment of 5% within the salary range. However, in light of current economic conditions, the City Clerk has forgone the 5% merit increase and accepted an additional 3 months' of severance pay. Staff Recommendation Staff recommends that the City Council approve the Fourth Amendment to City Clerk Employment Agreement. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: GLORIA MOLLEDA CITY CLERK Attachment A — Fourth Amendment to City Clerk Employment Agreement ITEMNUMBER: THIRD AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT 1. Parties and Date. THIS THIRD AMENDMENT TO THE CITY CLERK EMPLOYMENT AGREEMENT (hereinafter "Third Amendment") is made and entered into this 12'h day of June, 2011 by and between the City of Rosemead, a California municipal corporation (hereinafter "City"), and City Clerk -Gloria Molleda (hereinafter "Employee"). 2. Recitals. 2.1 City. and Employee entered into that certain Employment Agreement dated January 8, 2008 (hereinafter "Employment Agreement"),_whereby Employee agreed to serve as the City Clerk of the City of Rosemead. 2.2 City and Employee executed the First Amendment of that Employment Agreement on May 27, 2008. 2.3 City and -Employee executed the Second Amendment of that Employment Agreement on June, 1, 2010. 2.4 City and Employee now desire to make a Third Amendment to certain provisions of the City Clerk Employment Agreement relating to -compensation. 3. Terms. 3.1 Section 3.A.1 of the Employment Agreement is hereby amended by restating Section 3.A1 to read as follows: (1) Base Salary (a) The annual salary for the position of City Clerk shall be $96,415.20. 4. Force and Effect. 4.1 Except as amended by this Third Amendment, all provisions of the Employment Agreement and First Amendment to City Clerk Employment Agreement shall remain in full force and effect and shall govern the actions of the City and Employee under this Third Amendment. IN WITNESS WHEREOF, City has caused this Third Amendment to be signed and duly executed on its behalf by its Mayor, and duly attested by its City Manager, and Employee has signed and executed this Amendment, to be effective as of the day and year fust above written. CITY St ven Ly, Mayor EMPLOYEE Gloria. d. ATTEST: APPROVE AS TOFORM: Jef lr , City Man ger Rachel Richman, -City Attorney ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER'' DATE: JUNE 12,_2011 SUBJECT: CONTRACT AMENDMENT FOR CITY CLERK SUMMARY On May 24, 2011, the City Council conducted an -annual review of the City Clerk's job performance and provided a rating of Substantially Exceeds Expectations. The City's established policies and procedures for merit salary adjustments apply to the City Clerk in the same manner as all other full-time employees. Under the City's compensation system, a performance rating of Substantially Exceeds Expectations equates to a merit salary adjustment of 5% within the salary range. Staff Recommendation Staff recommends that the City Council approve the Third Amendment to City Clerk Employment Agreement. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: GLORIA MOLLEDA CITY CLERK Attachment A — Third Amendment to City Clerk Employment Agreement ITEM NUMBER:1� SECOND AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT Parties and Date. THIS SECOND AMENDMENTTO THE CITY CLERK EMPLOYMENT AGREEMENT (hereinafter "Second Amendment") is made and entered into this I` day of June, 2010 by and between the City of Rosemead, a California municipal corporation (hereinafter "City"), and City Clerk Gloria Molleda (hereinafter "Employee"). 2. Recitals. 2.1 City and Employee entered into that certain Employment Agreement dated January 8, 2008 (hereinafter "Employment Agreement"), whereby Employee agreed to serve as the City Clerk of the City of Rosemead. 2.2 City and Employee executed the First Amendment of that Employment Agreement on May 27, 2008. 2.3 City and Employee now desire to make a Second Amendment to certain provisions of the City Clerk Employment Agreement relating to compensation. 3. Terms. 3.1 Section 3.A.1 of the Employment Agreement is hereby amended by restating Section 3.A1 to read as follows: (1) Base Salary (a) The annual salary for the position of City Clerk shall be $91,824. 4. Force and Effect. 4.1 Except as amended by this Second Amendment, all provisions of the Employment Agreement and First Amendment to City Clerk Employment Agreement shall remain in full force and effect and shall govern the actions of the City and Employee under this Second Amendment. IN WITNESS WHEREOF, City has caused this Second Amendment to be signed and duly executed on its behalf by its Mayor, and duly attested by its City Manager, and Employee has signed and executed this Amendment, to be effective as of the day and year first above written. CITY Gary Taylo ayor 01 I/M "a MR, C-7-. EMPLOYEE /A 9015WAYMI -_.. APPROVE AS TOFORM: 10 4 z �� Joseph Montes, City Attorney ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY C UNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: JUNE 1, 2010 SUBJECT: CONTRACT AMENDMENT FOR CITY CLERK SUMMARY On May 25, 2010, the City Council met in closed session to discuss the City Clerk's performance evaluation. Based on those conversations a Second Amendment to the City Clerk Employment Agreement is included for consideration. Staff. Recommendation Staff recommends that the City Council approve the Second Amendment to City Clerk Employment Agreement. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: 0ju, GLORIA MOLLEDA CITY CLERK Attachment A — Second Amendment to City Clerk Employment Agreement APPROVED FOR CITY COUNCIL AGENDA: ITEM NUMBER: 1"A FIRST AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT 1. Parties and Date THIS FIRST AMENDMENT TO THE CITY CLERK EMPLOYMENT AGREEMENT (hereinafter "First Amendment') is made and entered into this 27th day of May, 2008 by and between the City of Rosemead, a California municipal corporation (hereinafter "City"), and City Clerk Gloria Molleda (hereinafter "Employee"). 2. Recitals. 2.1 City and Employee entered into that certain Employment Agreement dated January 8, 2008 (hereinafter "Employment Agreement'), whereby Employee agreed to serve as the City Clerk of the City of Rosemead. 2.2 City and Employee now desire to amend certain provisions of the City Clerk Employment Agreement relating to compensation, severance, and term of the Agreement. 3. Terms. 3.1 Section 3.A.1 of the Employment Agreement is hereby amended by restating Section 3.A.1 to read as follows: (1) Base Salary (a) The annual salary for the position of City Clerk shall be $84,000. 3.2 Section 3.13.2 shall be added to the Employment Agreement to read as follows: D. Benefits that Accrue to Other Employees The City Clerk shall be entitled to all benefits, rights, and privileges accorded to members of the Management class of City employees, except as otherwise provided in this Agreement. If there is any conflict between this Agreement and benefits granted to those in the Management class.of employees, this Agreement shall control. 1 3.3 Section 5.D shall be added to the Employment Agreement to read as follows: D. Severance Pay (1) In the event the City Clerk is terminated by the City Council during such time that the City Clerk is willing and able to perform the City Clerk's duties under this Agreement, then in that event the City agrees to pay the City Clerk a severance payment equivalent to six (6) months of compensation in effect as provided herein. (2) All payments required under Sections 5.D (1) are subject to and shall be interpreted to comply with the limitations set .forth in Government Code Section 53260. 4. Force and Effect. 4.1 Except as amended by this First Amendment, all provisions of the Employment Agreement shall remain in full force and effect and shall govern the actions of the City and Employee under this First Amendment. IN WITNESS WHEREOF, City has caused this First Amendment to be signed and duly executed on its behalf by its City Manager, and duly attested by its City Clerk, and Employee has signed and executed this Amendment, to be effective as of the day and year first above written. ATTEST: OLC-- 41: Oliver Chi, City Manager r.lrw EMPLOYEE Gloria Molleda FA 0 • ,CITY CLERK EMPLOYMENT AGREEMENT between the City of Rosemead and Gloria Molleda dated January 8, 2008 0 0 CITY CLERK EMPLOYMENT AGREEMENT between the City of Rosemead and Gloria Molleda PARTIES AND DATE This Agreement is entered into as of January 8, 2008 by and between the City of Rosemead, California, a municipal corporation (the "City"), and Gloria Molleda, an individual (the "City Clerk"). The City and the City Clerk are sometimes individually referred to as a "Party" and collectively as "Parties." 2. EMPLOYMENT The City hereby employs the City Clerk, and the City Clerk hereby accepts such employment. Employee shall assume the position of City Clerk on January 8, 2008, and remain in the exclusive employ of the City until either party exercises their separation rights as stipulated in Section 5 of this agreement. 3. COMPENSATION The City agrees to provide the following compensation to the City Clerk during the term of the agreement: A. Compensation & Required Employer Costs (1) Base Salary (a) The annual salary for the position of City Clerk shall initially be $80,000. (b) The City Clerk shall be paid at the same intervals and in the same manner as regular City employees. (2) Performance Evaluation (i) The City Council shall conduct an initial evaluation of the City Clerk's performance sometime between May and mid-June of 2008. Thereafter, the City Council will have the option of evaluating the City Clerk on an annual basis. Page 1 of 15 r• u B. Basic Benefits 0 (ii) The City Council and the City Clerk agree that performance evaluations, for the purpose of mid- course corrections, may occur quarterly or several times during each calendar year. (1) Leave Allowances & Holidays The City Clerk shall receive the same vacation, sick leave accrual, administrative leave accrual, and other leave & holiday benefits as provided to the Management classification of City employees. 4. SECURITY A. Insurance (1) Health & Welfare Insurances The City Clerk shall receive the same health, welfare, and ancillary benefit insurance options that are provided to all other employees in the Management classification. 5. SEPARATION A. Resignation/Retirement The City Clerk may resign at any time and agrees to give the City at least 45 days advance written notice of the effective date of the City Clerk's resignation, unless the Parties otherwise agree in writing. B. Termination & Removal (1) The City Clerk is an at -will employee serving at the pleasure of the City Council as provided in Government Code Section 36506. (2) The City Council may remove the City Clerk at any time, with or without cause, by a majority vote of its members. C. Separation for Cause (1) The City Clerk may be terminated for cause. As used in this section, "cause" shall mean only one or more the following: (a) Conviction of a felony; (b) Continued abuse of non-prescription drugs or alcohol that materially affects the performance of the Clerk's duties; or Page 2 of 15 0 0 (c) Repeated and protracted unexcused absences from the City Clerk's office and duties. (2) In the event the City terminates the City Clerk for cause, then the City may terminate this Agreement immediately, and the City Clerk shall be entitled to only the compensation accrued up to the date of termination. 6. MISCELLANEOUS PROVISIONS A. Amendments This Agreement may be amended at any time by mutual agreement of the City and the City Clerk. Any amendments are to be negotiated, put in writing, and adopted by the City Council. B. Conflict of Interest (1) The City Clerk shall not engage in any business or transaction or shall have a financial or other personal interest or association, direct or indirect, which is in conflict with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business, personal, or political associations. This section shall not serve to prohibit independent acts or other forms of enterprise during those hours not covered by active City employment, providing such acts do not constitute a conflict of interest as defined herein. (2) The City Clerk shall also be subject to the conflict of interest provisions of the California Government Code and any conflict of interest code applicable to the City Clerk's City employment. (3) The City Clerk is responsible for submitting the appropriate Conflict of Interest Statements at the time of appointment, annually thereafter, and at the time of separation from the position. C. Severability If any clause, sentence, part, section, or portion of this Agreement is found by a court of competent jurisdiction to be illegal or unenforceable, such clause, sentence, part, section, or portion so found shall be regarded as though it were not part of this Agreement and the remaining parts of this Agreement shall be fully binding and enforceable by the Parties hereto. Page 3or 15 0 0 D. 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 Los Angeles County, California. E. Entire Agreement This Contract represents the entire agreement of the Parties, and no representations have been made or relied upon except as set forth herein. This Contract may be amended or modified only by a written, fully executed agreement of the Parties. Page 4 of 15 0 0 7. EXECUTION IN WITNESS WHEREOF the Parties have executed this Agreement as of the day and year first above written. City City Clerk CITY OF ROSEMEAD A Municipal Corporation By: C John Tran Mayor ATTEST: By: cam. Oliver Chi City Manager APPROVED AS TO FORM: GLORIA MOLLEDA An Individual B 1&'A C1OA90 Ate_ Gloria Molleda - Page 5 of 15