1 RETIRED ANNUITANT EMPLOYMENT AGREEMENT
THIS INTERIM CHIEF OF POLICE EMPLOYMENT AGREEMENT-
LIMITED TERM retired annuitant (“Agreement”), dated for purposes of identification only this day of March, 2023 is made and entered into by and between THE CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as “ANAHEIM,”
A
N
D
JORGE CISNEROS, an individual hereinafter
referred to as “CISNEROS”
W I T N E S S E T H:
WHEREAS Government Code Section 21221(h) of the Public Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to vacant position without reinstatement from retirement if such appointment is necessary to fill a vacant executive position requiring specialized skills during a recruitment for a permanent appointment; and WHEREAS, CISNEROS is scheduled to retire and through the City Manager, ANAHEIM desires to employ the services of CISNEROS as Interim Chief of Police, temporarily, to carry out the duties and responsibilities of the position, while ANAHEIM conducts its recruitment; and WHEREAS, ANAHEIM has initiated an active recruitment for a permanent Chief of Police; and
WHEREAS, CISNEROS has served as a police chief and in public safety for at least thirty (30) years, and ANAHEIM has determined the experience and specialized skills are critically needed to maintain adequate staffing to ensure the safety of the community and for emergency response and recovery are continued, without interruption; and
WHEREAS, CISNEROS will be serving as a the Interim Chief of Police, a public safety vacant position that must be performed by a public safety officer and is therefore exempt from the 180-day wait period of Government Code Section 7522.56; and
2 WHEREAS, CISNEROS represents that he has not received unemployment compensation from any CalPERS agencies during the 12-month period preceding the effective date of this Agreement; and
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PROMISES,
COVENANTS, AND CONDITIONS HEREIN CONTAINED, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. DUTIES.
ANAHEIM hereby employs CISNEROS as Interim Chief of Police to oversee the police department and perform all functions, duties, and services set forth in the current classification, ANAHEIM Municipal Code, rules and regulations, and to perform such other legally permissible duties and functions as the ANAHEIM City Manager may from time-to-time assign. CISNEROS shall provide service at the direction and under the supervision of the City Manager.
2. ACCEPTANCE OF APPOINTMENT.
CISNEROS hereby accepts the appointment to Interim Chief of Police, subject to all terms and conditions set forth in this Agreement. CISNEROS, as the interim police chief, shall keep the City Manager fully apprised of all significant ongoing operations of the City’s police department. CISNEROS shall devote his full attention and effort to the position and perform the duties and functions of the position in a professional manner.
3. STATUS AND TERM.
A. Status: CISNEROS shall be an at-will employee of ANAHEIM and shall serve at the pleasure of the City Manager. Nothing contained in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager to terminate the employment of CISNEROS at any time. Cisneros will not acquire a property interest in the position of Interim Chief of Police. Employee is a temporary employee employed to perform a specialized service in accordance with Government Code Section 21221(h).
B. Term: The term of this Agreement shall be temporary and commence March 17, 2023, or at such later date as the parties hereto shall agree in writing. This agreement shall expire as of the first following to occur: i) upon the employment commencement date of a permanent Chief of Police, ii) upon CISNEROS working 960 hours combined for any CalPERS agencies in a fiscal year, iii) upon termination of the Agreement by either party as provided herein, or iv) 5:00 p.m. on September 15, 2023.
C. Termination by ANAHEIM or CISNEROS: Anaheim may terminate this Agreement at any time with or without cause and with or without notice. At the time of termination, CISNEROS shall not be entitled to any pay or benefits, except that which is owed for those hours already worked. Additionally, CISNEROS may terminate this Agreement at any time, with or without cause, provided, however he shall reasonably provide ANAHEIM with at least 3 two (2) weeks’ advance written notice prior to the effective date of termination, if practicable, unless a shorter period is acceptable by the ANAHEIM.
D. No Severance Pay: Upon termination, CISNEROS shall not be entitled to severance pay, payment of any benefits, or any other form of compensation, and CISNEROS expressly waives any and all rights with respect to severance pay.
4. COMPENSATION AND BENEFITS.
A. Rate of Pay: ANAHEIM agrees to pay CISNEROS and CISNEROS agrees to accept from ANAHEIM, as compensation for services rendered b y CISNEROS pursuant to this Agreement, an hourly rate of $138.73, according to the payroll schedule in place for ANAHEIM’S publicly approved pay schedule.
B. Recordation and Reporting of Hours Worked: ANAHEIM and CISNEROS will comply with all applicable CalPERS regulations governing employment after retirement, including the recordation and reporting of all hours worked for ANAHEIM to CalPERS as required.
Additionally, CISNEROS shall keep ANAHEIM continually apprised of any hours worked by CISNEROS for other CalPERS Agencies during the term of this Agreement.
C. Expenses/Reimbursements: ANAHEIM agrees to pay and/or reimburse for job related expenses incurred in the performance of CISNERO’S duties under this Agreement and as approved by the City Manage, in accordance tithe City policies for all employees.
D. Health and Welfare Benefits: Pursuant to Government Code Section 21221(h) and related CalPERS regulations and policy statements, CISNEROS shall not receive from ANAHEIM any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation.
E. Vacation and Leave: CISNEROS shall not be provide or accrue any personal time off, vacation, sick leave, administrative leave, paid holidays or similar leave benefits.
5. INDEMNIFICATION.
A. ANAHEIM shall defend, hold harmless and indemnify CISNEROS against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of any alleged act or omission occurring in the performance of CISNEROS duties or resulting from the exercise of judgment or discretion in connection with the performance of duties or responsibilities, unless 1) the act or omission of CISNEROS involved willful misconduct and/or illegal activity, or 2) the legal action is brought by CISNEROS against ANAHEIM or by ANAHEIM against CISNEROS. CISNEROS may request and ANAHEIM shall not unreasonably refuse to provide CISNEROS independent legal representation at ANAHEIM’s expense. Legal representation provided by ANAHEIM for CISNEROS shall continue until there is a final resolution of the legal action, including any appeals. ANAHEIM shall indemnify CISNEROS against any and all losses, damages, judgments, interest, settlements, fines, court costs, attorneys' fees, and other reasonable costs and expenses of legal proceedings, and any other liabilities incurred by, imposed upon, or suffered by CISNEROS in connection 4 with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of CISNEROS’ duties, unless 1) such claims or actions arose out of the willful misconduct and/or illegal acts of CISNEROS, or 2) such claims or losses resulted from legal action brought by CISNEROS against ANAHEIM or by ANAHEIM against CISNEROS. Settlement of any claim must be made with prior approval of ANAHEIM in order for indemnification, as provided for in this Section, to be available.
B. ANAHEIM agrees to pay all reasonable litigation expenses of CISNEROS throughout the pendency of any litigation to which CISNEROS is a party, witness or advisor to ANAHEIM. Such expense payments shall continue beyond CISNEROS’ employment with ANAHEIM as long as litigation is pending. Post-employment, ANAHEIM agrees to pay CISNEROS for reasonable consulting fees and travel expenses when CISNEROS serves as a witness, advisor or consultant to ANAHEIM regarding pending litigation.
C. Indemnity for CalPERS Claimed Overpayments: ANAHEIM agrees to defend and indemnify CISNEROS for any fees, fines, penalties, contributions or other monetary damages claimed, asserted, or alleged against CISNEROS by CalPERS as a result of his temporary employment with ANAHEIM as a retired annuitant if there is a finding that ANAHEIM failed to keep or accurately report CISNEROS’ hours worked.
6. NOTICES.
Any notice required or permitted by this Agreement shall be in writing and may be emailed to an address provided CISNEROS. It shall further be personally served, or shall be sufficiently given and deemed served upon the other party if sent by United States Postal Service, postage prepaid, and addressed to the appropriate party as follows:
If to ANAHEIM: City Manager
c/o City Clerk
City of Anaheim
200 South Anaheim Blvd., 2nd Fl.
Anaheim, California 92805
If to CISNEROS: Address on file with the Human Resources Dept. 201 S. Anaheim Blvd., 5th Floor
Anaheim, CA 92805
Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service. Either party may change the location at which she or it receives notices by providing written notice of the new address at which notices are to be received.
7. GENERAL PROVISIONS.
A. This writing constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior oral or written representations or written agreements which may have been entered into between the parties. No modification or revision 5 of this Agreement shall be of any force or effect, unless the same is in writing and executed by the parties hereto. The City Manager is authorized to enter into and execute any amendments or modifications to this Agreement approved as to form by the City Attorney and agreeable to CISNEROS.
B. Vehicle Operation: CISNEROS shall comply with ANAHEM’S policies regarding operation of a vehicle on official business
C. This Agreement shall become effective March 17, 2023.
D. If any provision, or any portion thereof, in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable and shall remain in full force and effect.
IN WITNESS WHEREOF, ANAHEIM and CISNEROS have each caused this Agreement to be duly executed by the persons whose signatures are subscribed below, each of whom is duly authorized to execute this Agreement.
(Remainder of page intentionally left blank; signatures on next page) 6 CITY OF ANAHEIM,
DATE OF EXECUTION: a municipal corporation
By:
Mayor
Attest:
City Clerk
“ANAHEIM”
DATE OF EXECUTION:
By:
Jorge Cisneros
“CISNEROS”
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By:
Rob Fabela
City Attorney
Date