CC - Item 2J - Appointment of Interim City Manager0 0
s ROSEMEAD CITY COUNCIL
-Q~
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER C. CHI, INTERIM CITY MANAGER ~i~
DATE: JUNE 26, 2007
SUBJECT: APPOINTMENT OF INTERIM CITY MANAGER
SUMMARY
On June 12, 2007, the City Council voted to appoint Oliver Chi as Interim City Manager
and directed that staff bring back a contract for approval.
Staff Recommendation
Staff recommends that the City Council approve the attached employment agreement
(Attachment A) between the City and Oliver C. Chi, authorizing his appointment as Interim
City Manager of the City or Rosemead.
ANALYSIS
The terms of the attached employment agreement were drafted based on the parameters
set by the City Council.
LEGAL REVIEW
The City Attorney has reviewed and approved this staff report and the attached
employment agreement.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Attachment A: Interim City Manager Employment Agreement
APPROVED FOR CITY COUNCIL AGENDA:
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Employment Agreement
Between
CITY OF ROSEMEAD
And
OLIVER CHI
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INTERIM CITY MANAGER EMPLOYMENT AGREEMENT
THIS AGREEMENT is made this 12`h day of June 2007 by and between the City Council
of the City of Rosemead ("City" or "City Council") and Oliver Chi ("Interim City Manger"),
collectively the "Parties."
1. Term. The City hereby employs Oliver Chi as its Interim City Manger beginning
the 121h day of June 2007 for a six month period subject to the terms and conditions set forth
herein.
2. Salary. The Interim City Manger's salary shall be Thirteen Thousand, Five
Hundred and Forty-Seven Dollars ($13,547.00) per month. During the tern of this Agreement,
the Interim City Manager's salary shall be maintained at 110% more than the next highest paid
City employee. The payment of the Interim City Manager's salary shall be consistent with the
City's regular payroll procedures.
The Interim City Manager's salary for any period of this Agreement may be changed by
mutual written consent of the Interim City Manager and the City Council. A change in salary
shall neither constitute the creation of a new contract nor extend the tennination date of this
Agreement.
The Interim City Manager is currently a City employee. Immediately prior to entering
into this Agreement to be Interim City Manager, Oliver Chi was the City's Deputy City
Manager. Upon tennination of this Agreement pursuant to either paragraph 5 or paragraph 6 of
this Agreement, Oliver Chi shall be appointed as the Deputy City Manager. The terms and
conditions of Oliver Chi's employment as City's Deputy City Manager shall be in accordance
with City law and policy pertaining to the position of Deputy City Manager.
3. Interim City Manager's Duties. Interim City Manager shall perfonn the duties
and have the powers specified in Chapter 2.08 of the City Municipal Code. The Interim City
Manager shall also have whatever other legally permissible and proper duties and functions as
the Council shall from time to time assign.
4. Evaluation. The City Council may evaluate and discuss the performance of the
Interim City Manager at any time during the tern of this Agreement. The City Council shall
communicate its evaluation to the Interim City Manager. If the City Council evaluates the
Interim City Manager in writing, the written evaluation shall be delivered to the Interim City
Manager and a copy of the evaluation shall be placed in the Interim City Manager's personnel
file. City Council shall discuss evaluations of the Interim City Manager only in closed session.
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5. Termination of Contract.
a. Mutual Consent. This Agreement may be terminated at any time by
mutual consent of the City Council and the Interim City Manager.
b. Termination of Interim City Manager for Cause. The Interim City
Manager's status as Interim City Manager, and all of the Interim City Manager's
rights under this Agreement, may be terminated by the City Council at any time
for a material breach of this Agreement.
C. Employment of Permanent City Manager. This Agreement shall terminate
upon the City Council's employment of a new permanent City Manager.
However, the City Council may require that the Agreement continue until the new
permanent City Manager reports for duty.
6. Early Termination. The City Council unilaterally and without cause may
terminate this Agreement at any time upon thirty (30) days written notice to the
Interim City Manager. The Interim City Manager may also terminate the .
Agreement upon thirty (30) days written notice to the Mayor.
7. Fringe Benefits Holidays Vacation and Sick Leave. Interim City Manager shall
continue to receive the same level of fringe benefits, holidays, vacation and sick
leave as other Department Head level employees in the City.
8. General Provisions.
a. Governing Law and Venue. This Agreement, and the rights and
obligations of the Parties, shall be governed by and construed in accordance with
the laws of the State of California.
b. Entire Agreement. This Agreement contains the entire agreement and
understanding between the Parties. There are no oral understandings, terms or
conditions, and the Parties have not relied upon any representation, express or
implied, not contained in this Agreement.
C. No Assignment. The Interim City Manager may not assign or transfer any
rights granted or obligations assumed under this Agreement without the consent
and approval of the City Council.
d. Modifications. This Agreement cannot be changed or supplemented
orally. It may be modified or superseded only by a written instrument executed
by both of the Parties.
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e. Severability. If any provision of this Agreement is held to be invalid or
unenforceable by a court of competent jurisdiction, the remaining provisions of
the Agreement shall continue in full force and effect.
CITY OF ROSEMEAD
By:
John Tran, Mayor
ATTEST
By:
Nina Castruita, City Clerk
APPROVED AS TO FORM
By:
Bonny Garcia, City Attorney
I hereby accept this offer of employment and agreement to comply with the conditions
hereof, and to fulfill all of the duties of employment as INTERIM CITY MANAGER to the
CITY OF ROSEMEAD.
OLIVER CHI