CC - Item 5B - Approval of Adjustment to Employee Benefits for City ManagerROSEMEAD CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
STAFF REPORT
FROM: BILL R. MANIS, CITY MANAGER..d2``"�
DATE: JULY 11, 2017
SUBJECT: APPROVAL OF ADJUSTMENT TO EMPLOYEE BENEFITS FOR CITY
MANAGER
SUMMARY
The City Council will consider the approval of employee benefits adjustment to the City
Manager's employment agreement to mirror and reflect the changes that were approved for the
Management Service Unit.
STAFF RECOMMENDATION
It is recommended that the City Council approve adjustments in benefits to the City Manager's
employment agreement to mirror and reflect the salary and benefits of the Management Service
Unit.
BACKGROUND
On June 28, 2016, the City Council approved and adopted the 2016-2018 Memorandum of
Understanding (MOU) with the Rosemead Employees Association covering all General Service
employees and annual Resolutions that detail the terms and conditions of employment for other
full-time employees and members of the City Council. Resolution 2016-19 was approved and
established the salary and benefits for all classifications in the Management Service Unit. The
benefits of the City Manager are tied to the benefits outlined in the Management Service Unit.
The City Manager's contract at Sections 3.a.i.3 and 3.e provides that when adjustments or
increases are made to other employees' salaries or benefits that would also apply to the City
Manager, the City Council shall consider the adjustment or increase to the City Manager's salaries
or benefits separately. This provision was agreed to by the parties in order to avoid any conflict of
interest issues associated with the aforementioned Resolution.
Consistent with the contract language and Government Code Section 54953 (c)(3), the adjustment
to the City Manager's benefits is presented to the Council separately for approval.
ITEM NO. 5.13
City Council Meeting
July 11, 2017
Page 2 of 2
FISCAL IMPACT
Funds for the annual salary and benefits for the City Manager are included in the City's 2017-2018
Fiscal Year Budget.
STRATEGIC PLAN IMPACT - None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
Brad McKinney, Assista City Manager
Attachment A: Resolution 2016-19
Attachment B: City Manager Employment Agreement
Attachment A
Resolution 2016-19
RESOLUTION NO. 2016-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, ESTABLISHING ANNUAL
SALARY RANGES AND BENEFITS FOR CLASSIFICATIONS IN
THE MANAGEMENTSERVICE OF THE CITY OF ROSEMEAD
WHEREAS, THE FOLLOWING classifications in the Management Service of the City of
Rosemead ("City") are critical to the efficient and effective operations of the City, the City
Council recognizes the management nature and responsibilities of the positions; and
WHEREAS, employees in these classifications are exempt under the provisions of the
Federal Fair Labor Standards Act and serve in an "at -will" employment capacity;
NOW THEREFORE, BE IT RESOLVED that effective beginning July 1, 2016, the salary
ranges and benefits for the affected classifications will be as follows:
SECTION 1: APPLICABILITY
Full-time Team Members in the following classifications are covered by this Resolution:
1 . S . Mfl
Ido e`ie'#erl#., t ='
Assistant City Manager
Director of Community
Development
Director of Finance
Director of Parks & Recreation
Director of Public Works
A basic tenet of the compensation system is that the City will not provide annual across-the-
board "cost of living adjustments" (COLA). Rather, the City will annually adjust salary ranges to
the "target' of 95% of the average prevailing wage rates for similar occupations in the survey
cities, provided that the City has the financial budgeted resources to do so. (Salary range
adjustments will not result in automatic salary increases for Team Members unless the Team
Member's salary rate is below the bottom of the salary range). This target of 95% of the average
is based on the professionally recognized principle that a deviation of plus or minus five percent
(+/-5%) constitutes a "competitive position" in the tabor market. This is particularly true when
total compensation and benefit variations are taken into account. Such determinations on
salary range adjustments would be made on a classification -by -classification basis as dictated
by labor market conditions and the City's ability to pay.
The "target" of 95% of the average prevailing wage rates will be determined by calculating the
average mid -point base pay of the survey cities. The selected pay range will then be reduced
by five percent (5%) in recognition of the City's rich benefits allowance and the principle that +/-
5% of the average constitutes a "competitive" position in the labor market. On an annual basis,
the non -benchmark to benchmark linkages will be reviewed.
If a Team Member's base salary is below the adjusted minimum salary range of his/her
classification; his/her salary will be adjusted to the minimum salary range in the range for that
classification.
SURVEY CITIES
In order to determine the prevailing salary rates in the local labor market, the following survey
cities have been selected based on a three -fold set of criteria and rationale: 1) contiguous
geographic proximity to Rosemead; 2) full contract city status; and/or a sufficient number of
comparable positions. The following cities will be surveyed on a periodic basis for comparison
purposes:
Alhambra
La Puente San Dimas
Diamond Bar
Montebello San Gabriel
Duarte
Monterey Park Temple City
EI Monte
Pico Rivera
SALARY ADJUSTMENTS WITHIN SALARY RANGE BASED ON JOB PERFORMANCE
The City's pay -for -performance system allows a Team Member to obtain a percentage merit
salary increase consistent with his/her annual performance evaluation. All Team Member salary
increases, within the salary range, are based on merit through the annual performance
evaluations. Based on the Team Member's performance rating on his/her performance
evaluation, a Team Member is eligible for a merit increase. Team Members eligible for a merit
increase will be eligible to receive up to a 5% merit increase during the term of this agreement.
Team Member salaries may not exceed the maximum salary range within the respective job
classification. Current Team Members whose salaries exceed the maximum salary range for
the job classification will be y -rated (frozen) and will not receive any merit increases until the
salary ranges are adjusted based on the labor market survey comparisons.
Effective July 1, 2014, the salary ranges of all positions that are "topped out" or exceed the
maximum salary range for the classification will be surveyed on an annual basis. All other
classifications will be surveyed bi-annually.
All full-time Team Members are part of the Merit Based Compensation System. All Team
Member salary increases, within the salary range, are based on merit through the annual
performance evaluations. Based on the Team Member's performance overall rating on the
performance evaluation, a Team Member is eligible for a merit increase. The following is the
performance rating categories and percentage increases that a Team Member may be eligible
for based upon funding for FY2016-2018:
R^`y ;pIFal
S. b
Unsatisfactory
0%
Needs Development
0%
Meets Expectations
2%-3%
Exceed Expectations
4%
Substantially Exceeds
Expectations
5%
The City will provide for merit increases up to 5% for the FY 2016-2018.
SECTION 3: PERFORMANCE EVALUATION
All Team Members will receive an annual performance evaluation. The City recognizes the
importance of conducting timely evaluations. Supervisors, managers, and department directors
must submit and conduct performance evaluations in a timely manner on the date the
evaluations are due. Every effort must be made by the supervisors, managers, and department
directors to submit timely evaluations. However, the City recognizes that when an emergency
or an unforeseen circumstance arises, the expectation is to submit the evaluations as soon as
practicable.
Aside from an emergency or an unforeseen circumstance, in the event that a supervisor will not
be able to complete an employee performance evaluation report In a timely manner, the
supervisor shall notify the department director and request a time extension for completion of
the performance evaluation report. An extension of two (2) weeks will be permitted for the
supervisor to complete the evaluation. In addition, the supervisor must inform and notify the
respective Team Member if the evaluation will not be completed on time.
If a Team Member is out on an extended leave of absence, the performance evaluation will be
extended out by the equal amount of time/duration the Team member is out on the leave of
absence. An extended leave of absence is defined as thirty (30) days or longer.
A probationary Team Member will receive an interim performance evaluation at six months from
the date of hire. Interim performance evaluations are not linked to. any merit adjustments or
increases.
SECTION 4: HEALTH INSURANCE PROVIDER
The City contracts with California Public Employees' Retirement'System (CalPERS) to serve as
the health insurance provider for the City.
Effective July 1, 2016, the City will provide each full-time Team Member with $1,700 per month
for use towards enrolling in any of the City offered health plans, dental plans, and vision plans.
Any unused remainder can 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 saving program. Team Members can also choose to waive coverage and take the
entire benefit as deferred compensation or 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.
SECTION 6: CHANGES TO THE HEATHCARE 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. In the event that such reform measures or resulting changes in the ACA
altering the healthcare coverage, options, costs or other elements, the City may reopen Section
4,5, and 30 regarding medical insurance/benefits.
SECTION 7: RETIREMENT HEALTH PLAN
For all full-time Team Members hired on or before July 1, 2007, who have 20 years or more of
service with the City, and who retire from the City, an allocation of up to $1,000/ month will be
given to pay for health care benefits for the duration of their retirement. If the health insurance
program selected by the Team Member costs more than $1,000/month, the City will only cover
the first $1,000/month of the cost of the selected program. Once the Team Member reaches
age 65 or becomes eligible for Medicare coverage, the Team Member will transition to Medicare
coverage, with the City picking up the remaining cost of health insurance coverage up to a
maximum of $1,000/month.
For all full-time Team Members hired on or before July 1, 2007, who have 12-19 years of
service with the City, and who retire from the City, an allocation of up to $500/month will be
given to pay for health care benefits for the duration of their retirement. If the health insurance
program selected by the Team Member costs more than $500/month, the City will only cover
the first $500/month of the cost of the selected program.
The above retirement health contributions will only be in effect for full-time Team Members
employed with the City as of July 1, 2007. When Team Member reaches 65 years of age, or
becomes eligible for Medicare, said Team Members will transition to Medicare coverage and the
City will continue to contribute towards the cost of health care coverage during the duration of
the Team Members retirement according to the program as defined in Section 5. Furthermore,
it is expressly noted that the retirement health contribution can be used towards health coverage
for the Team Member, their spouse, and/or any eligible dependent.
Team Members hired after July 1, 2007 will receive retiree health benefits in accordance with
public employees' retirement laws and CaIPERS.
SECTION 8: RETIREMENT PROGRAM (CALPERS)
Team Members will be enrolled in the City's retirement program through CaIPERS.
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 Team Members 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% @ age 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 CaIPERS 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 CaIPERS 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
Team Member 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.
By January 1, 2018, all "classic members" will be required to contribute their full share up to 8%
of the Team Member contribution of the CalPERS rate. In order to minimize the impact of this
change, the City will again implement a 2% contribution to a Team Member's salary ranges and
rates for all classic members for FY 2016/2017. For FY 201712018, the following will apply for
Tier 1 and Tier 2 Team Members:
Tier 1 Members
2.7 55
2%
Tier 2Members
2a55
1% P
Effective July 1, 2014, all classic members enrolled in CaIPERS began paying 2% of salary to
CaIPERS towards retiree benefits. In consideration of the member's 2% contribution towards
CalPERS, all classic members received a 2% increase in pay on July 1, 2014 and another 2%
salary increase on July 1, 2015. Effective July 1, 2016, classic members enrolled in CaIPERS
will contribute an additional 2% to CaIPERS for a total of 6%.
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
System (CaIPERS) members must pay 50% of total normal cost as employee contribution rate.
SECTION 9: ENHANCED RETIREMENT PROGRAM (PARS)
The City offers an enhanced retirement package through Public Agency Retirement Services
(PARS) for all Team Members hired prior to July 1, 2010. Covered full-time Team Members
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 Team
Member's can accrue through PARS is 90% of their final pay. The PARS retirement pension is
limited to 90% of their final pay. Team Members must be at least 55 years of age to qualify for
PARS.
All Team Members hired on or after July 1, 2010 are ineligible for the Enhanced Retirement
Program through PARS in accordance with State law. PARS has been eliminated for all new
full-time Team Members.
SECTION 10: EMPLOYER FUNDED DEFERRED COMPENSATION PROGRAM
For all full-time Team Members, the City set-up and began contributing into a deferred
compensation account a percentage of the Team Member salary based on years of service.
That funding formula is as follows:
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vi�'�
°�� wry
-'Ferredll;alm ��1loniPro Iramr.::
1 %
0-4
5-9
-- 2%
10-14
3%
15-19
4%
20+
5%
In accordance with State law, all Team Members hired on or after July 1, 2010 are ineligible for
the employer funded deferred compensation program. The employer funded deferred
compensation program has been eliminated for all new full-time Team Members.
SECTION 11: VACATION ACCRUAL
Full-time Team Members will receive vacation accruals as follows:
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T
,`onT&curllatlorit`
IN
A Team Member (with 1-13 years of service) who works 40 hours
Years of
Service
Hours/Pay Period
Hours/Year
Days/Year
Up to year 1
3.85
100
10
Year 1 — Year
13
5.38
140
14
13+
6.15
160
16
All full-time Team Members accrue 100 hours of vacation leave during their first year of service.
140 hours are accrued for Team Members with one year of service, up to (but not over) 13
years. For Team Members with over 13 years of service (13+) the accrual rate is 160 hours.
Team members cease to accrue vacation hours when, in any pay period, they exceed two times
their annual accrual as determined by their anniversary date.
All full-time Team Members are entitled to a paid vacation following one year of employment.
Team Members may begin taking accrued vacation after six months of employment.
Vacation accruals will be determined by the percentage formula of actual hours in a paid status
by the City.
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xap1
A Team Member (with 1-13 years of service) who works 80 hours
on paid status per pay period will accrue 5.38 hours/pay period.
IN
A Team Member (with 1-13 years of service) who works 40 hours
Bxarnple�
on paid status per pay period will accrue 2.69 hours/pay period
50% of 5.38 hours/pay period).
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A Team Member (with 1-13 years of service) who has a zero leave
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balance and takes an extended leave of absence will not accrue
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any hours.
SECTION 12: VACATION BUYBACK
In order to encourage Team Members to take regular vacations on an annual basis and to
partially limit the growth of the City's long-term liability of Team Member accrued vacation hours
upon separation of employment, the City has established the following criteria for vacation
buyback.
Once per calendar year, a full-time Team Member is eligible to have the City buyback up to 40
hours (1 week) of accumulated unused vacation time. On July 1, 2011, the City established two
(2) vacation banks as follows:
Bank A: Vacation earned/accrued prior to June 30, 2011.
Bank B: Vacation earned/accrued after July 1, 2011 (Subject to a 2 year cap).
For the purposes of vacation buyback, all Team Members must utilize Bank A prior to utilizing
Bank B. However, if there are no hours accrued in Bank A, Team Members may utilize Bank B
SECTION 13: CITY -RECOGNIZED HOLIDAYS
The following days are recognized and observed as paid holidays:
1. New Year's Day (January 111)
2, Martin Luther King's Birthday (the third Monday in January)
3. Presidents' Birthday (the third Monday in February)
4. Memorial Day (the last Monday in May)
5. Independence Day (July 4th)
6. Labor Day (the first Monday in September)
7. Veteran's Day (November 11th)
8. Thanksgiving Day
9, Christmas Day (December 25t4)
Non-essential City services and facilities are closed from noon an Christmas Eve to New Year's
Day. If a Team Member elects to take the non -holidays off, he/she is required to utilize his/her
own time. If a holiday falls on a Friday or Saturday, Team Members will observe that holiday on
the preceding Thursday. If the holiday falls on a Sunday, Team Members will observe that
holiday on the following Monday.
At the discretion of the City Manager and based upon business needs, Team Members may be
released at 12:00p.m. on December 24th
SECTION 14: FLOATING HOLIDAYS
Team Members receive 20 hours of floating holiday per calendar year. Those hours must be
used before the end of the calendar year or they will be forfeited. In case a Team Member
terminates employment with the City, he/she will forfeit any unused floating holidays.
SECTION 15: ADMINISTRATIVE LEAVE
On January 1, Team Members are allocated an allotment of 60 hours per year of administrative
leave. On July 1, 2011, the opportunity to sell back administrative leave was eliminated. The
use of administrative leave will be limited to no more than one (1) day/shift intervals/increments.
Team members will not be able to supplant/combine administrative leave with vacation. The
only exception will be from Christmas to New Year's Day when non-essential City services and
facilities will be closed. Any administrative leave hours that are not utilized by December 31 of a
calendar year will be lost. Furthermore, any administrative leave on the books for a terminating
Team Member wili be paid out at the Team Members hourly rate at a prorated unit of
administrative leave available by pay period.
Any existing full-time Team Members who were eligible for administrative leave entitlements
prior to July 1, 2010 under the terms of the administrative leave clause will continue to be
eligible for said entitlements.
SECTION 16: PROBATIONARY PERIOD
All classifications under the Management Service Unit serve in an "at -will", exempt capacity.
"At -will" employment is defined as an employment relationship in which a team member 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 17: FLEXIBLE SCHEDULING
Depending on a Team Member's area of assignment, an alternate work schedule may be
arranged with Department Director approval. This could include the possibility of utilizing a
flextime or telecommuting from an offsite location. Any prolonged telecommuting arrangement
must be approved by the City Manager. Any alternate workweek must be approved, in writing,
by the City Manager.
SECTION 18: AMOEBA ORGANIZATION
The City is an "amoeba organization". An amoeba is defined as a small single cell organism
that changes its shape in response to its environment, Rosemead is a small, fast -responding,
organizationally nimble, customer -focused city with the capability to make rapid and coordinated
organizational changes to accomplish service delivery objectives. We emphasize a customer
service culture within the organization where all full-time Team Members function as "front line
service-defivery" providers,
Section 19: AMOEBA FLEX WEEKS
Based on economic or business necessity, all full-time Team Members are required to work
special events with the ability to "flex" their hours to meet the human resources demands of the
City's special events which include:
4th of July Parade/Carnival/Fireworks Show
Fall Fiesta
This condition exists in every week in which there is a special event. If an unscheduled event
arises, the City Manager has the authority to implement an Amoeba Flex Week. The "flexing" of
hours must fall within the same work period of the special event. Supervisors and department
directors have the authority to approve/deny or reschedule "flex" hours so that appropriate staff
coverage is maintained for operational needs and continued City service.
If a holiday falls on a day of the week that would have been a normal workday, the hours
worked up to ten (10) will be banked which must be used by December 316t. Those hours must
be used before the end of the calendar year or they will be forfeited.
In addition, an emergency disaster is exempt from the amoeba flex and does not fall under the
definition of special events.
SECTION 20: SICK LEAVE
A full-time Team Member who is incapacitated from the performance of such Team Member'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) are
eligible for sick leave.
Amount Earned: All full-time, regular or probationary Team Members will accrue ten
(10) hours of sick leave per month. Sick leave will be earned, commencing on the first
day of employment as a probationary Team Member, and accrued on a bi-weekly basis.
Team Members 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.
1s
E aropfe 1
A Team Member who works 80 hours on paid status per pay.
period will accrue 4.62 hours1pay period.
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A Team Member who works 40 hours on paid status per pay
_N
period will accrue 2.31 hourlpay period (50% of 4.62
hours/paperiod ).
~ '
A Team Member who has a zero leave balance and takes
BXa nRS� 3
an extended leave of absence will not accrue any hours.
A new Team Member cannot utilize sick leave within the first thirty (30) days of
employment. Team Members retiring from the City may have the option to sell back sick
leave to purchase service time from CaIPERS. Any other sick leave balance or if the
Team Member leaves employment, voluntarily or involuntarily, will be forfeited.
2. Advanced Sick Leave: Sick leave time shall not be taken until such time has been
accrued.
3. Utilization of Sick Leave Benefits: The right to utilize benefits under the sick leave
provisions herein continues only during the period that the Team Member is employed
by the City. All benefits hereunder terminate upon the Team Member leaving City
service. A Team Member on military leave is not granted sick leave during the military
leave period. Team Members are not eligible to utilize sick leave benefits within the first
thirty (30) days of employment.
Sick leave is not a leave which a Team Member 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 Team Member to perform normal work assignmentslfunctions. 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/department director
may deny or revoke sick leave if the incapacitation for which it is taken is caused or
substantially aggravated by compensated outside employment. If a Team Member is
absent from work for more than three (3) working days without notifying his/her direct
supervisor or department, the Team Member 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.
4. Illness During Vacation Leave: Team Members who become ill while on approved
vacation leave may request from his/her supervisor to have vacation time converted to
sick leave. Verification of illness may be required prior to approval.
5. Notification to Supervisor: Any Team Member needing to be absent because of
sickness or other physical disability must notify the appropriate department director or
immediate supervisor 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.
6. Sick Leave Authorized Due to Illness in Family: A Team Member 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
Team Member's absence by the acceptable medical authority may be required by the
department director. In such case, the Team Member must be able to produce a
verifying certification upon request by the immediate supervisor or management.
Return to Work Following Illness: The department director may require a Team Member
to submit to a medical andfor psychiatric examination by a physician designated by the
City before permitting the Team Member to return to work after the Team Member has
been on sick leave. If the results of any such examination indicate that the Team
Member is unable to perform assigned duties, or if performance of those duties will
expose others to infection, the Team Member 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 Team Member is competent to perform assigned duties or will not
subject others to the infection.
8. Medical Certificate Requirement: In order to be paid for sick leave, the Team Member
must make every good faith effort to notify his immediate supervisor prior to the start of
the Team Member's work day. The department director may request, for cause, a
certificate issued by a licenses physician or other satisfactory proof of illness before sick
leave is granted. The department director may also choose a licensed physician to
conduct a physical examination at City expense. Any Team Member who makes
application for sick leave may be required by either the department director or 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
Team Member 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 or the department director, information
relating to sick leave. Sick leave will be granted when the application for sick leave is
approved by the department director or the City Manager.
9. Transfer of Sick Leave: New Team Members may bring with them/transfer up to two
hundred (200) hours of sick leave from their previous employer provided the previous
employer did not otherwise compensate the Team Member for said hours. The new
Team Member must provide a letter or documentation from the previous employer
verifying accrued but uncompensated hours.
A Team Member will not receive any payment for unused accumulated sick leave upon
dismissal of employment or retirement (either disability or regular). A Team Member may not
use sick leave to extend a retirement (either disability or regular) or dismissal date. This
prohibition does not affect a Team Member's right to obtain sick leave credit with CaIPERS.
Any other balances or if a Team Member resigns or is dismissed will be forfeited.
SECTION 21: BEREAVEMENT LEAVE
In the event of the death of a Team Member's immediate family (defined as spouse, parent,
step-parent, 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), Team
Members are entitled to forty (40) hours for bereavement leave per incident.
SECTION 22: JURY LEAVE
Team Members required to serve on a jury are entitled to their regular compensation for up to
eighty (80) hours provided that fees for jury service are deposited to the Finance Department.
SECTION 23: BILINGUAL PAY
The City offers a bilingual pay program for eligible Team Members who consistently utilize other
languages to translate during the normal course of work. To qualify, Team Members must pass
the test developed or utilized by the City for the following recognized languages: Spanish,
Vietnamese, Cantonese, and Mandarin. A maximum of three (3) positions per language per site
may be certified to receive bilingual pay by the City. It will be applicable at all primary sites (City
Hall, Rosemead Community Recreation Center (RCRC), Garvey Community Center, Public
Safety and Public Works). In the event that more than three (3) Team Members wish to apply
for it, management will determine the top three (3) based upon positional need. Once certified,
Team Members will receive a bilingual stipend of $75 per month.
Any Team Member who is not certified by the City is not required to use a language other than
English. However, when a member of the public, requests assistance in a language other than
English, our Team Members must make a reasonable effort to accommodate and assist in a
polite and professional manner.
The City reserves the right to suspend bilingual pay if the Team Member is out on an extended
leave of absence of more than 80 consecutive hours and is not physically present at work to
provide bilingual services.
SECTION 24: 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 Team Member disabilities, the City offers
Short-Term Disability (STD)/Long-Term Disability (LTD) to full-time Team Members. Workers
compensation injuries are excluded from disability leave/insurance offered by the City.
The City provides Team Members 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. Team Members 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. Team Members will receive continued payment until the
Team Member is medically able to return to work, or has to begin utilizing long term disability, or
until the Team Member reaches the age of 65, whichever comes first. The maximum short-term
disability benefit amount will be $1,848 per week. Family and Medical Leave Act (FMLA) will
run concurrently with disability.
The City provides Team Members 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 Team
Member continues to be medically disabled. Team Members will receive 66.67% or 2/3,of their
pre-disability base salary with a 90 day waiting period. Team Member will receive continued
payment until the Team Member is medically able to return to work, or until the Team Member
reaches the age of 65, whichever comes first. The maximum long-term disability benefit amount
will be $8,000 per month. Family and Medical Leave Act (FMLA) runs concurrently with
disability.
Team Members 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 of the W-2 (1 year average). However, when on disability, Team
Members may not utilize sick leave. Team Members 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. Team Members 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. Team Members may not return to work without this certification.
SECTION 25: LIFE INSURANCE
Team Members receive an accidental death and dismemberment and life insurance policy of
$100,000.
SECTION 26: TUITION REIMBURSEMENT
The City will reinstate the tuition reimbursement program for FY 2016-2018 based upon
availability of funding.
Subject to City Manager approval, Team Members 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 educational/training courses must be job-related leading towards a college or
university degree or certificate and Team Members 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 a Team Member leaves employment (voluntarily or involuntarily) with the City, prior to the
three (3) years after the completion of class/course, the Team Member must refund the amount
received based upon the following pro -rated basis:
Less than two
Less than three
Team Members 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 Team Member's assigned duties with the City.
Reimbursement will be made only after a Team Member 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 a Team Member to attend a specific, job-related training course during
non -working hours, Team Members 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 27: WELLNESS PROGRAM
The City provides the Wellness Reimbursement Program at $300 per fiscal year for FY2016-
2018.
SECTION 28: COMPUTER PURCHASE PROGRAM
The City provides a computer purchase program for all full-time Team Members as outlined in
the Administrative Policy No. 30-09 approved by the City Manager, Full-time Team Members
are eligible for this program after the completion of the probationary period. Loans are due and
payable in full upon termination or separation of employment.
SECTION 29: EMPLOYEE ASSISTANCE PROGRAM
The City provides Team Members with access to the Employee Assistance Program (EAP).
SECTION 30: FLEXIBLE BENEFIT PLAN (SECTION 125)
The City offers Team Members a flexible benefit plan which will allow individuals to pay for
certain expenses (child care, unreimbursed medical expenses, insurance premiums) with pre-
tax dollars.
SECTION 31: DIRECT DEPOSIT
Team Members 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 32: AUTO ALLOWANCE
Management Team Members may receive up to $500 per month based on business necessity
as determined by the City Manager based upon the driving demands of the position.
SECTION 33: CITY RIGHTS
It is understood and agreed that the City retains all exclusive rights and authority to manage
municipal services and the work force performing those services. It is agreed that during the
term hereof, the City shall not be required to meet and confer on matters which are solely a
function of management, including the right to:
• Determine and modify the organization of City government and its constituent work units.
• Determine the nature, standards, levels and mode of delivery of services to be offered to
the public.
• Determine the methods, means, and the number and kinds of personnel by which serves
are to be provided.
• Determine whether goods or services shall be made or provided by the City, or shall be
purchased, or contracted for.
• Direct Team Members, including scheduling and assigning work, work hours, and
overtime.
• Establish Team Member performance standards and to require compliance therewith.
• Discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases and
benefits, or otherwise discipline Team Members, subject to the requirement of applicable
law.
• Relieve Team Member from duty because of lack of work or lack of funds or for other
legitimate reasons.
• Implement rules, regulations, and directives consistent with law and specific provisions
of this MOU.
• Take all necessary actions to protect the public and carry out its mission in emergencies.
• Determine the contents of job classifications.
• Contract out and transfer work out of the bargaining unit.
• Exercise complete control and discretion over its organization and the technology of
performing its work.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Rosemead on the 28th day of June 2016.
ATTEST:
f-iA—
City Clerk
5
Sandra Armenta
Mayor
APPROVE AS TO FORM:
Rachel Richman
City Attorney
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD i
I, Ericka Hernandez, Acting City Clerk of the City of Rosemead, do hereby certify that the foregoing
Resolution No. 2016-19, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, ESTABLISHING ANNUAL
SALARY RANGES AND BENEFITS FOR CLASIFICATIONS IN
THE MANAGEMENT SERVICE OF THE CITY OF ROSEMEAD
was duly and regularly approved and adopted by the Rosemead City Council on the 28th day of
June, 2016, by the following roll call vote to wit:
AYES:
Alarcon, Armenta, Clark, Low
NOES:
Ly
ABSTAIN
None
ABSENT:
None
r
Ericka Hernandez
Acting City Clerk,
Attachment B
City Manager Employment Agreement
FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF ROSEMEAD AND BILI. R. MANIS
AMENDMENT NO. 1
This First Amendment (the "First Amendment") is made and entered into effective May 9, 20t7,
by and between the City of Rosemead, California, a municipal corporation (the "City") and Bill
R. Manis, an individual (the "City Manager"). The City and the City Manager 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 11,
2016.
B. On July 12, 2016 the City Council approved an adjustment to employee benefits for the
City Manager which resulted in a 2% increase to the City Manager'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)(h) of the Agreement, the City Council conducted the City
Manager's performance evaluation. The City Manager received a "meets expectation"
review with a 3.8 rating.
E. The City Council desires to implement a 3% increase in the City Manager's annual salary
to a total of $199,617.60.
F. The Parties now desire to amend the Agreement to reflect the increase in the City
Managers annual salary.
OPERATIVE PROVISIONS
1. AMENDMENT
Section 3 (a)(i)(1) of the Agreement is hereby amended to read as follows:
The annual salary for the position of City Manager shall be $199,617.60.
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.
b. 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: f c`
Polly Lo
Mayor
ATTEST:
By: _.
Marc Donohue
City Clerk
APPROVE FORM:
By.
Rachel H. Richman
City Attorney
City Manager
Bill R. Manis
An Individual
�-
Bill R. Manis
City Manager
CITY MANAGER
EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF ROSEMEAD
AND
BILL R. MANIS
This Employment Agreement (the "Agreement") is made and entered into effective April
11, 2016 by and between the City of Rosemead, California, a municipal corporation (the
"City") and Bill R. Manis, an individual (the "City Manager"). The City and the City
Manager are sometimes individually referred to as a "Party" and collectively as "Parties."
1. RECITALS
(a) The City requires the services of a City Manager,
(b) The City Manager has the necessary education, experience, skills and expertise
to serve as the City's City Manager.
(e) The City Council of the City desires to employ the City Manager to serve as the
City Manager of City,
(d) The. City Council of the City desires to provide certain benefits, establish certain
conditions of employment and to set working conditions of City Manager.,
(e) The City Manager desires to accept at -will employment as City Manager of
City.
(f) In consideration of these Recitals and the performance by the Parties of the
promises, covenants, and conditions herein contained, the Parties agree as
provided in this Agreement,
2. EMPLOYMENT
The City hereby employs the City Manager as its City Manager, and the City Manager
hereby accepts such employment.
(a) Period of Employment
(i) Employee shall, following the assumption of the office of City Manager
on April 25, 2016, remain as an exclusive employee of the City for an
indefinite term subject to the provisions contained in this Agreement and
the Rosemead Municipal Code concerning separation from service.
Employee agrees not to accept, nor to become employed by any other
employer until said termination date, unless said termination date is
effected as hereinafter provided.
(b) Medical Exam/Fitness For Duty
Prior to assuming the office of City Manager on April 25, 2016, the City
Manager shall successfully complete a medical/fitness for duty exam, the cost
of which will be paid for by the City,
3. COMPENSATION
The City agrees to provide the following compensation to the City Manager during the
term of the Agreement;
(a) Compensation
(i) Base Salary
(1) The annual salary for the position of City Manager shall initially
be $190,000.00.
(2) The City Manager shall be paid at the same intervals and in the
same manner as regular City employees.
(3) Whenever a cost of living adjustment or other nonmerit based pay
increase is provided to other City employees, the City Council
shall meet to determine whether it is reasonable and appropriate to
provide a similar adjustment or increase to City Manager's Base
Salary, In the event such a cost of living adjustment or other non -
merit based pay increase is provided to other City employees, it
shall be the City Manager's responsibility to coordinate with the
Mayor to place the consideration of a similar adjustment or
increase on the agenda of a regular City Council meeting.
(ii) Performance Evaluation
The City Council will review and evaluate the performance of the City
Manager on an annual basis or more frequently if the Council so desires.
Failure of the City Council to provide a performance evaluation shall not
limit the City's ability to terminate this Agreement pursuant to the terms
set forth herein. Review and evaluation shall be in accordance with such
criteria as the parties may jointly agree upon, but which the parties
contemplate will include mutually agreed upon performance goals for the
City Manager and City Council goals, priorities, activities and programs
for the City.
(b) Bonding
The City shall bear the full cost of any fidelity or other bonds required of the
City Manager under any law or ordinance,
(c) Benefits
To the extent benefits are not specifically addressed in the Agreement, the City
Manager shall receive the benefits set forth and attached hereto as Exhibit A,
the City of Rosemead Benefits Summary - Management Service Unit, which may
be modified from time to time at the discretion of the City Council. In the event
there are amendments to the Management Service Group's Benefits made by the
City Council, it shall be the City Manager's responsibility to coordinate with the
Mayor to place the consideration of a similar adjustment or increase on the
agenda of a regular City Council meeting,
(d) Car Allowance
City Manager is entitled to a $600 monthly car allowance or use of a City
vehicle,
(e) 'Vacation and Sick Leave Accrual
(i) City Manager shall start employment with a bank of 80 hours of vacation and
thereafter accrue vacation at a rate of 160 hours per year or 6.15 hours per pay
period.
(ii) City Manager shall start employment with a one-time bank of 80 hours of
sick leave at the start of employment.
(f) Professional Activities and Conferences.
The City Council desires the City Manager to be reasonably active in
professional organizations that will contribute to the City Manager's
professional development and standing and that will contribute to the
advancement of the City's interests and standing. To that end the City Council
will pay for the membership in and attendance of conferences for the following
organizations ICMA, ICSC, CALED, California League of Cities, City
Manager may request additional memberships and attendance subject to
approval by the City Council.
(g) Reimbursement
The City shall reimburse the City Manager for reasonable and necessary travel
costs, subsistence and other business expenses incurred by the City Manager in
the performance of his duties including attendance at conferences.
(h) Resignation/Retirement
The City Manager 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 Manager's
resignation, unless the Parties otherwise agree in writing.
(i) Termination & Removal
(i) The City Manager is an at -will employee and serves at the pleasure of the
City Council. Nothing in this agreement shall prevent the City Council
from terminating this Agreement and the services of the City Manager at
its sole discretion.
(ii) Except as is provided in section 4(b)(iii) below, the City Council may
remove the City Manager at any time, with or without cause, by a majority
vote of its members. Notice of termination shall be provided to the City
Manager in writing.
(iii) In accordance with section 2.08.050 of the City of Rosemead Municipal
Code, as may be modified from time to time, the City Manager shall not
be removed from office during or within a period of ninety (90) days next
succeeding any general municipal election held in the City at which
election a member of the City Council is elected; the purpose of this
provision is to allow any newly elected member of the City Council or a
reorganized City Council to observe the actions and ability of the City
Manager in the performance of the powers and duties of his or her office.
(iv) Given the at -will nature of the position of City Manager, an important
element of the employment agreement pertains to termination. It is in
both the City's interest and that of the City Manager that any separation of
the City Manager is done in a businesslike manner.
0) Severance Pay
(i) In the event the City Manager is terminated by the City Council without
cause during such time that the City Manager is willing and able to
perform the City Manager's duties under this Agreement, then in that
event the City agrees to continue to compensate the City Manager at his
then current rate of pay, as severance pay, for a total of six months,
including all benefits and accrued leaves.
(ii) In exchange for the Severance Pay, the City Manager hereby expressly
waives any right be may have under any applicable law, City policy, or
otherwise to appeal or grieve his termination and the terms of the
Agreement.
(iii) The above severance provisions are intended to comply with the
10
provisions of Government Code section 53260 of. seq. Any severance
payment under this Agreement is also subject to the forfeiture or
repayment provision of Government Code section 53243 et. seq.
(lc) Separation for Cause
(i) Notwithstanding the provisions of Section 4(c), the City Manager may be
terminated for cause. As used in this section, "cause" shall include but not
be limited to the following: theft or attempted theft; dishonesty; willful or
persistent material breach of City Manager's duties; repeated and
protracted unexcused absences from the City Manager's office; engaging
in unlawful discrimination or harassment of employees or any third party
while on City premises or time; conviction of a felony; and engaging in
conduct tending to bring embarrassment or disrepute to the City.
(ii) In the event the City terminates the City Manager for cause, except as set
forth in section 4(b)(iii) above, the City may terminate this Agreement
immediately, and the City Manager shall be entitled to only the
compensation accrued up to the date of termination, payments required by
Section 4(e) below, and such other termination benefits and payments as
may be required by law. In this circumstance, the City Manager shall not
be entitled to any severance benefits provided by Section 4(c).
(1) Payment for Unused Leave Balance
(i) On separation from City employment, the City Manager shall be paid for
all unused accrued leave allowances provided in Exhibit A, in accordance
with City policy or as required by law.
(ii) In the event the City Manager dies while employed by the City under this
Agreement, the City Manager's beneficiaries or those entitled to the City
Manager's estate shall be entitled to the City Manager's earned salary and
any in -lieu payments for accrued benefits, including compensation for the
value of all accrued leave balances provided in Exhibit A, in accordance
with City policy or as required by law.
(iii) Notwithstanding the above, sick leave balance will be forfeited and will
not be paid out at the termination (voluntary/involuntarily) of
employment.
4. DUTIES AND RESPONSIBILITIES
(a) Duties & Authority
(i) The City Manager shall be the chief executive officer of the City and be
responsible to the City Council for the proper administration of all affairs
of the City. The City Manager shall also serve as the chief executive
officer of the Rosemead Community Development Commission, the
Successor Agency to the Rosemead Community Development
Commission, the Rosemead Housing Development Corporation and the
Rosemead Housing Authority, unless the boards of such entities shall
select other persormel for such duties. City Manager agrees that the salary
and benefits provided pursuant to this Agreement represents the full
compensation to be paid to City Manager for performance of all duties as
the City's City Manager, as well as for performance of all duties required
of the chief executive officer of the above identified entities.
(ii) The City Manager shall perform all of the duties of the City Manager as
set forth in Section 2.08 of the Rosemead Municipal Code and as may be
modified from time to time, the California Government Code, and City
policies and procedures approved by the City Council, as may be provided
from time to time.
(b) ICMA Code of Ethics
(i) The Parties acknowledge that the City Manager is a member of the
International City Management Association ("ICMA"). The Parties
mutually desire that the City Manager be subject to and comply with the
ICMA Code of Ethics (Exhibit B).
(ii) The City Manager commits to comply with the ICMA Code of Ethics.
5. MISCELLANEOUS PROVISIONS
(a) Amendments
This Agreement may be amended at any time by mutual agreement of the City
and the City Manager. Any amendments are to be negotiated, put in writing, and
adopted by the City Council.
(b) Conflict of Interest
(i) The City Manager 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.
(ii) The City Manager 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 Manager's City employment.
(iii) The City Manager is responsible for submitting to the City Clerk the
appropriate Conflict of Interest Statements at the time of appointment,
annually thereafter, and at the time of separation from the position.
(c) Proprietary Information
"Proprietary Information" is all information and any idea pertaining in any
manner to the business of City (or any City affiliate), its employees, clients,
consultants, or business associates, which was produced by any employee of City
in the course of his or her employment or otherwise produced or acquired by or
on behalf of City. Proprietary Information shall include, without limitation, trade
secrets, product ideas, inventions, processes, formulae, data, know-how, software
and other computer programs, copyrightable material, marketing pians, strategies,
sales, financial reports, forecasts, and customer lists. All Proprietary Information
not generally known outside of City's organization, and all Proprietary
Information so known only through improper means, shall be deemed
"Confidential Information." During his employment by City, City Manager shall
use Proprietary Information, and shall disclose Confidential Information, only for
the benefit of City and as is or may be necessary to perform his job
responsibilities under this Agreement. Following termination, City Manager shall
not use any Proprietary Information and shall not disclose any Confidential
Information, except with the express written consent of City. City Manager's
obligations under this Section shall survive the termination of his employment
and the expiration of this Agreement.
(d) Indemnification
Subject to, in accordance with, and to the extent provided by the California Tort
Claims Act [Government Code Section 810 et seq], the City will indemnify,
defend, and hold the City Manager harmless from and against any action,
demand, suit, monetary judgment or other legal or administrative proceeding, and
any liability, injury, loss or other damages, arising out of any act or omission
occurring during City Manager's tenure as City Manager.
(e) Severability
If any clause, sentence, part, section, or portion of this Agreement is found by a
court of competent jurisdiction or arbitrator to be invalid, illegal, void 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.
(t) Laws Affecting Title
In addition to those laws affecting a City Manager, the City Manager shall have
the same powers, rights and responsibilities as a Chief Executive Officer, City
Administrative Officer, Administrator, and/or City Administrator as those terms
are used in local, state or federal laws.
(g) Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California, and the Parties agree that venue shall be proper only in
Los Angeles County, State of California.
(h) Integration
This Agreement is intended to be the final, complete, and exclusive statement of
the terms of the City Manager's employment by City. This Agreement
supersedes all other prior and contemporaneous agreements and statements,
whether written or oral, express or implied, pertaining in any manner to the
employment of City Manager, and it may not be contradicted by evidence of any
prior or contemporaneous statements or agreements. This Agreement represents
the entire agreement of the Parties, and no representations have been made or
relied upon except as set forth herein.
(i) Notice
All notices, requests, demands and other communications under this Agreement
shall be in writing and shall be effective upon delivery by hand or three (3)
business days after deposit in the United States mail, postage prepaid, certified or
registered, and addressed to City at the address below, and or at the last known
address maintained in the City Manager's personnel file. City Manager agrees to
notify City in writing of any change in his address during his employment with
City. Notice of change of address shall be effective only when accomplished in
accordance with this Section.
(1) If to the City:
Rosemead City Hall
8838 East Valley Boulevard
Rosemead, CA 91770
ATTN: Mayor & City Council
(2) If to the City Manager:
Bill R. Manis
[Address on file at City Hall]
(j) Assignment
City Manager shall not assign any rights or obligations under this Agreement.
City may, upon prior written notice to City Manager, assign its rights and
obligations hereunder.
(k) Attorney's Fees
In any legal action, arbitration, or other proceeding brought to enforce or interpret
the terms of this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees and costs.
(1) Interpretation
This Agreement shall be construed as a whole, according to its fair meaning, and
not in favor of or against any Party. By way of example and not in limitation, this
Agreement shall not be construed in favor of the Party receiving a benefit nor
against the party responsible for any particular language in this Agreement.
Captions are used for reference purposes only and should be ignored in the
interpretation of the Agreement. This Agreement may be altered, amended or
modified only by an instrument in writing, executed by the City Council and City
Manager and by no other means. Each Party waives their future right to claim,
contest or assert that this Agreement was modified, cancelled, superseded or
changed by any oral agreement, course of conduct, waiver or estoppel.
(m) Acknowledgment
City Manager acknowledges that he has had the opportunity to consult legal
counsel in regard to this Agreement, that he has read and understands this
Agreement, that he is fully aware of its legal effect, and that he has entered into it
freely and voluntarily and based on his own judgment and not on any
representations or promises other than those contained in this Agreement.
[signatures on following page]
W
IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the date
first indicated above.
City
CITY OF ROSEMEAD
A Municipal Corporation
By: ui 7/L,vzee
Margadt Clark
Mayor
AT ES
By:
Caro)`17cowley
Interim City Cleric
APPROVED AS t).
By:
Rachel . Richman
City Attorney
10
City Manager
Bill R. Manis
An Individual
Bill R. Manis