CC - Item 4C - Approval of City Clerk Contract S E Mf
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ROSEMEAD CITY COUNCIL
I STAFF REPORT
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TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA. CITY MANAGER 2W•.4.
DATE: APRIL 10, 2018
SUBJECT: APPROVAL OF CITY CLERK CONTRACT
SUMMARY
The City Council will consider approval and execution of the City Clerk Employment
Agreement.
DISCUSSION
Staff was directed by City Council to negotiate an employment agreement with Mrs. Hernandez
within the terms specified by the City Council. Based on her qualified experience, the City
Council made an offer to Mrs. Hernandez who accepted the offer subject to City Council
approval of the Agreement.
An Agreement has been prepared in consultation with Mrs. Hernandez within the terms specified
by the City Council and outlined in Attachment A. The Agreement is being presented for City
Council approval and execution.
STAFF RECOMMENDATION
Staff recommends that the City Council approve the Employment Agreement with Mrs.
Hemandez and authorize the Mayor to execute the Agreement.
FISCAL IMPACT
Funds for the annual salary and benefits for the City Clerk are included in the City's 2017-2018
Fiscal Year Budget.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
ii EM NUMBER: 4C
City Council Meeting
April 10,2018
Page 2 of 2
Submitted by:
Gloria Molleda, City Manager
Attachment A: City Clerk Employment Agreement
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Attachment A
City Clerk Employment Agreement
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
fhe 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.
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(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.
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 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
(I) 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;
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(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
(I) 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.D (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
(I) 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.
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(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 andVenue
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
Steven Ly, Mayor
ATTEST:
0
City Clerk
ERICKA HERNANDEZ
An individual
IN
Ericka Hernandez
By:
Gloria Molleda, City Manager
APPROVED AS FORM:
By:
Rachel H. Richman
City Attorney
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