EMPLOYMENT AGREEMENT
THIS AGREEMENT, dated for purposes of identification only this ____ day of July, 2023 is made and entered into by and between
THE CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as “ANAHEIM,”
A
N
D
Rick P. Armendariz, an individual hereinafter
referred to as “ARMENDARIZ”
W I T N E S S E T H:
WHEREAS, the City Manager of ANAHEIM has been empowered to appoint and remove executive managers of ANAHEIM, subject to approval by the City Council pursuant to Section 604 of the City Charter; and
WHEREAS, ANAHEIM, acting through the City Manager, desires to appoint ARMENDARIZ as the Chief of Police of ANAHEIM; and
WHEREAS, it is the desire of ANAHEIM to provide certain benefits, establish certain conditions of employment, and to set working conditions of ARMENDARIZ; and WHEREAS, ARMENDARIZ desires to accept the position of Chief of Police of ANAHEIM.
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:
2 1. DUTIES.
ANAHEIM hereby agrees to employ ARMENDARIZ in the position of Chief of Police of ANAHEIM to perform the functions and duties of that office as specified in the 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.
2. ACCEPTANCE OF APPOINTMENT.
ARMENDARIZ hereby accepts the appointment to the Chief of Police position, subject to all terms and conditions set forth in this Agreement. ARMENDARIZ 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. Pursuant to ANAHEIM Municipal Code section 1.05.030.0106, ARMENDARIZ shall be an at-will employee of ANAHEIM and shall serve for an indefinite term 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 ARMENDARIZ at any time, subject only to the provisions of this Agreement, the City Charter and the Anaheim Municipal Code.
B. In accepting the Chief of Police position, ARMENDARIZ hereby expressly waives any right he may have, under ANAHEIM’S Municipal Code, ANAHEIM’S personnel rules or any other source, to claim a property right in his previous position as Deputy Chief of Police or a right to revert to that prior position.
C. The term of this Agreement shall be from August 18, 2023, until terminated by either party in accordance with the provisions of Section 6 of this Agreement. During the term 3 of this Agreement, ARMENDARIZ shall be a full-time Chief of Police.
4. COMPENSATION AND BENEFITS.
A. Salary
ANAHEIM agrees to pay ARMENDARIZ, and ARMENDARIZ agrees to accept from ANAHEIM, as compensation for services rendered by ARMENDARIZ pursuant to this Agreement, an annual base salary, commencing on August 18, 2023, in the amount of Three Hundred Ten Thousand Six hundred Forty Eight Dollars ($310,648) (“Annual Base Salary”), payable in installment payments in the same manner and at the same time that the salaries of other executive managers of ANAHEIM are paid. ARMENDARIZ’s Annual Base Salary shall be eligible for upward adjustment in accordance with the same rules and procedures by which the salaries of other executive managers of ANAHEIM are adjusted for meritorious performance.
The term “Annual Base Salary” as used in this Agreement shall also include any such adjustments approved by the City Manager, other than any payments not eligible to be added to ARMENDARIZ’s Annual Base Salary pursuant to the terms of any applicable salary resolution of ANAHEIM.
The term “Monthly Base Salary” as used in this Agreement shall mean a sum of money equal to one-twelfth (1/12) of ARMENDARIZ’s Annual Base Salary as defined herein.
B. Health and Welfare Benefits
Except as otherwise provided herein, ARMENDARIZ shall receive all other benefits generally provided to executive managers of ANAHEIM commencing on August 18, 2023, as the same may be modified from time to time after the date of this Agreement, including but not limited to medical insurance, dental insurance, life insurance, a retiree health savings plan, sick leave, holidays, vacation, bereavement and family illness leave, , annual physical 4 examinations, and participation in a retirement system. In addition, in accordance with Section
16.7 of the Personnel Rules and Policies for Non-Represented Full-Time and Part-Time Employees, and in consideration of ARMENDARIZ’s years of experience in law enforcement, the City Manager shall approve ARMENDARIZ to accrue vacation leave at the rate of right (8) hours per pay period and to receive a one-time, no-cash-value vacation leave bank of sixty (60) hours. Further, in accordance with Section 25.1(a) of the Personnel Rules and Policies for Non- Represented Full-Time and Part-Time Employees, ARMENDARIZ shall receive a City-owned vehicle for use in conformance with City rules and regulations.
5. PROFESSIONAL DEVELOPMENT.
ANAHEIM agrees to budget and pay for ARMENDARIZ’s professional memberships as normally provided to executive managers of ANAHEIM. ANAHEIM shall also pay or reimburse ARMENDARIZ for registration, travel and reasonable expenses for courses, conferences and seminars that, in the judgment of the City Manager, further ARMENDARIZ’s personal development and/or the interests of ANAHEIM, subject to budget limitations and to established travel policies and procedures of ANAHEIM.
6. TERMINATION.
A. The Chief of Police position is at will and nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Manager to suspend from duty, remove from office or otherwise terminate the services of ARMENDARIZ at any time, in the discretion of the City Manager, as provided in the City Charter and Municipal Code.
B. ARMENDARIZ may, at his option, deem this Agreement terminated by ANAHEIM if either of the following occur: 1) the City Manager reduces the Annual Base Salary or any other financial benefit of ARMENDARIZ in a percentage that is greater than the average reduction of all executive managers of ANAHEIM, or 2) ARMENDARIZ resigns following an 5 offer or request by the City Manager that he resign.
C. ARMENDARIZ may voluntarily resign his position as Chief of Police, after giving ANAHEIM at least thirty (30) days written notice prior to the effective date of such resignation, unless such notice is waived in whole or in part by the City Manager. No severance pay shall be due to ARMENDARIZ if he voluntarily resigns from his position.
D. It is understood that after notice of termination in any form, ARMENDARIZ and ANAHEIM will cooperate to provide for an orderly transition of ARMENDARIZ’s duties and position. Specific responsibilities during such transition may be specified in a written separation agreement.
7. SEVERANCE.
A. Except as provided in subparagraph D below, in the event this Agreement is terminated pursuant to Section 6(A) or (B) hereof on or before August 18, 2024, ARMENDARIZ shall be entitled to a minimum terminating cash payment equal to twelve ( 1 2 ) months of ARMENDARIZ’s Monthly Base Salary. At ARMENDARIZ’s option, such terminating cash payment shall be paid in a lump sum or disbursed throughout the applicable severance period, resulting in continuation of medical, dental and life insurance only, based on active enrollment at the date of termination. Continuation of said benefits shall not include other fringe benefits, including but not limited to, vacation, sick leave or retirement accruals, use of a City-owned vehicle and life insurance generally provided to executive managers.
B. Except as provided in subparagraph D below, in the event this Agreement is terminated pursuant to Section 6(A) or (B) hereof after August 18, 2024, ARMENDARIZ shall be entitled to a minimum terminating cash payment equal to six (6) months of ARMENDARIZ’s Monthly Base Salary. At ARMENDARIZ’s option, such terminating cash payment shall be paid in a lump sum or disbursed throughout the applicable severance period, 6 resulting in continuation of medical, dental and life insurance only, based on active enrollment at the date of termination. Continuation of said benefits shall not include other fringe benefits, including but not limited to, vacation, sick leave or retirement accruals, use of a City-owned vehicle and life insurance generally provided to executive managers.
C. Except as provided in subparagraph D below, in the event this Agreement is terminated pursuant to Section 6(A) or (B) hereof on or before October 21, 2024, in addition to any benefits for which ARMENDARIZ is eligible for as provided in subparagraph A or B above, ARMENDARIZ shall be deemed to have met the five (5) years of continuous full-time service with Anaheim to be eligible for the benefits provided in accordance with Section 29.1 of the Personnel Rules and Policies for Non-Represented Full-Time and Part-Time Employees.
D. Notwithstanding the foregoing, if ARMENDARIZ is terminated as the result of (1) a willful breach of this agreement or the willful and repeated neglect by ARMENDARIZ to perform duties that he is required to perform, (2) conviction of any felony, crime of moral turpitude, or criminal act relating to employment with ANAHEIM, or (3) any intentional act of dishonesty, then ARMENDARIZ shall not be entitled to severance and ANAHEIM shall not be obligated to make any terminating cash payment..
E. Pursuant to California Government Code Section 53243.2, if this Agreement is terminated, any severance or cash settlement related to the termination that ARMENDARIZ may receive from ANAHEIM shall be fully reimbursed by ARMENDARIZ to ANAHEIM if ARMENDARIZ is convicted of a crime involving an abuse of his office or position.
F. If the City Manager terminates ARMENDARIZ without severance pay for any of the reasons set forth in subparagraph D of this Section 7, and only in that case, the City Manager shall, in advance of the termination, provide ARMENDARIZ with written notice of the reason(s) why severance pay is being denied. Within ten (10) days of such notice, 7 ARMENDARIZ may request an opportunity to respond to the reasons and factual basis provided by the City Manager. If such a request to respond is made, the City Manager shall hold a meeting, which may be informal in nature. At the meeting, ARMENDARIZ may be represented by an attorney of his choice and present evidence or information relevant to the reasons and factual basis for the denial of severance set forth in the notice. The meeting shall be limited to the issue of whether grounds for the denial of severance as set forth in Section 7(D) exist, and the decision of the City Manager on this issue shall be final and binding as between the parties to this Agreement.
8. INDEMNIFICATION.
A. ANAHEIM shall defend, hold harmless and indemnify ARMENDARIZ 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 ARMENDARIZ’s 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 ARMENDARIZ involved willful misconduct and/or illegal activity, or 2) the legal action is brought by ARMENDARIZ against ANAHEIM or by ANAHEIM against ARMENDARIZ.
ARMENDARIZ may request and ANAHEIM shall not unreasonably refuse to provide ARMENDARIZ independent legal representation at ANAHEIM’s expense. Legal representation provided by ANAHEIM for ARMENDARIZ shall continue until there is a final resolution of the legal action, including any appeals. ANAHEIM shall indemnify ARMENDARIZ 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 ARMENDARIZ in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of ARMENDARIZ duties, unless 1) such claims or actions arose out of the 8 willful misconduct and/or illegal acts of ARMENDARIZ, or 2) such claims or losses resulted from legal action brought by ARMENDARIZ against ANAHEIM or by ANAHEIM against ARMENDARIZ. 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 ARMENDARIZ throughout the pendency of any litigation to which ARMENDARIZ is a party, witness or advisor to ANAHEIM. Such expense payments shall continue beyond ARMENDARIZ’s employment with ANAHEIM as long as litigation is pending. Post-employment, ANAHEIM agrees to pay ARMENDARIZ for reasonable consulting fees and travel expenses when ARMENDARIZ serves as a witness, advisor or consultant to ANAHEIM regarding pending litigation.
9. NOTICES.
Any notice required or permitted by this Agreement shall be in writing and may be emailed to an address provided ARMENDARIZ. 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., 7th Fl.
Anaheim, California 92805
If to ARMENDARIZ: Rick P. Armendariz
Anaheim Police Department
425 S. Harbor Blvd.
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 he or it receives notices by providing written notice of the new 9 address at which notices are to be received.
10. 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 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 ARMENDARIZ, provided they do not alter ARMENDARIZ’s compensation, rights, obligations or entitlements in a manner that is inconsistent with ANAHEIM’s personnel system, rules and regulations.
B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of ARMENDARIZ.
C. This Agreement shall become effective upon execution by ANAHEIM.
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 ARMENDARIZ 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) 10 CITY OF ANAHEIM,
DATE OF EXECUTION: a municipal corporation
By:
Jim Vanderpool, City
Manager
Attest:
City Clerk
“ANAHEIM”
DATE OF EXECUTION:
By:
Rick P. Armendariz
“ARMENDARIZ”
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By:
Kristin Pelletier
Chief Assistant City Attorney,
Civil Division
Date