Agenda packet — Angels Camp City Council, October 3, 2023 (part 2 of 2)

EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into this ___ day of ____________ 2023, by and between the City of Angels Camp, a municipal corporation (“City”), and Richard S. Ellis, an individual (“Employee”). The City and Employee may individually be referred to herein as “Party” or collectively as “Parties”.

There are no other parties to this Agreement.

RECITALS
A. The City Administrator is authorized to select and recommend City staff appointments to the City of Angels Camp City Council (“City Council”) pursuant to City of Angels Camp Municipal Code (“Municipal Code”) section

2.08.070.

B. Employee has served in the position of Police Chief pursuant to an Employment Agreemment dated October 5, 2018. The City Administratorhas evaluated Employee’s knowledge, experience, administrative skills, and ability to serve as the Police Chief and recommends to City Council that Employee be retained as the Police Chief, pursuant to the terms of this Agreement.

C. The Parties agree that this Agreement shall be the sole agreement between the Parties regarding the employment of Employee as Police Officer.

D. The Parties’ desire to execute this Agreement pursuant to the authority of, and subject to, the provisions of California Government Code (“Government Code”) section 53260 et seq.

NOW, THEREFORE, in consideration of the mutual covenants entered into between the Parties, and in consideration of the benefits that accrue to each, it is agreed as follows:

AGREEMENT
Section 1. Recitals. The recitals set forth above (“Recitals”) are incorporated herein by this reference and made a part of this Agreement. In the event of any inconsistencies between the Recitals and Sections 1 through 10 of this Agreement, Sections 1 through 10 will prevail.

Section 2. Effective Date. This Agreement shall become effective once executed by both the City and Employee (“Effective Date”).

Section 3. Appointment of Police Chief, Duties, and Term.

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Section 3.1. Appointment of Police Chief Officer and Duties. Employee shall serve as the Police Chief for the City, and shall be vested with the powers, duties, and responsibilities as set forth in the City Code, California law, City ordinances and resolutions, the Police Chief job description and any such other duties and functions as the City Administrator may from time-to-time assign to Employee. Employee accepts employment pursuant to the terms of this Agreement.

Section 3.2. Secondary Employment/Conflict of Interest. Employee agrees to devote all of his productive time, ability, and attention to the City’s business to the extent necessary to perform his duties and responsibilities in a manner satisfactory to City. During the Term, as defined in Section 3.5 of this Agreement, Employee shall not hold secondary employment or engage in activities which conflict with, or present the appearance or possibility of conflicting with, City’s legitimate business interests. As such, Employee agrees that Employee will notify the City Administrator in writing if Employee accepts secondary employment, so City may determine whether there is the appearance of or an actual conflict or potential conflict with the satisfactory performance of Employee’s duties and/or the best interest of the City. Employee has the right to volunteer for such nonprofit organizations as she may see fit and further provided that such volunteer services shall not interfere with his duties as Police Officer.

Section 3.3. Exempt Employee. Employee agrees to devote that amount of time and energy which is reasonable and necessary for Employee to faithfully perform the duties of Police Chief and supervision of the Police Department.. A work week shall consist of a minimum of forty (40) hours; however, it is recognized by the Parties that Employee is an exempt employee for purposes of the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.). Employee shall not receive overtime or extra compensation for hours worked over forty (40) hours, which are necessary to fulfill the duties of the Police Chief position, unless otherwise provided in this Agreement.

Section 3.4. Duties/Schedule. Employee’s daily and weekly work schedule shall vary in accordance with the work required to be performed. The Police Chief position may include frequent attendance at evening meetings and irregular hours as necessary to meet deadlines and achieve objectives. The City Council and the City Administrator recognize that the Police Chief must devote a great deal of his time outside normal office hours to the business of the City and, to that end, Employee will be allowed to take Administrative/Management Leave during general business hours, upon approval of the City Administrator.

As Police Chief, Employee’s initial duties shall be as shown in the job description attached as Exhibit A. Employee shall perform Employee’s duties under this Agreement pursuant to the laws of the State of California and applicable City Municipal Code, ordinances, and resolutions. Employee understands that Employee’s duties may be amended from time to time by City, as necessary to meet the City’s needs. No modification Deleted: Section 3.1. Education Requirement. Police
Chief has obtained the following: POST Management
Certificate and the CA POST certified Executive
Development course,.…
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or change in Employee’s responsibilities, duties or position shall otherwise change or revoke any other provision of this Agreement.

Unless otherwise specified in this Agreement, Employee shall be bound by all the policies, rules and regulations of City now in force and effect applicable to Employee’s position, and by all such other applicable policies, rules and regulations as may be hereafter implemented and called to his notice and will faithfully observe and abide by the same.

No such policy, rule or regulation shall alter, modify or revoke Employee’s status as an atwill employee or any other provision of this Agreement.

Section 3.5. Term. The term of this Agreement shall be for one (1) year from the Effective Date (“Term”) subject to Section 4 of this Agreement. The City Administrator, in his or her sole discretion, may extend the Term from time to time in increments of at least one (1) year. No later than three (3) months prior to the expiration of the Term, the City Administrator shall provide written notice to Employee as to whether the City Administrator intends to extend the Term. Termination of this Agreement shall be in accordance with Section 6 below. If no notice is provided to terminate the Agreement, then the Agreement shall continue in effect for an additional one-year term.

Section 4. At-Will Employment.

4.1. At Will. Employee is an at-will employee serving at the pleasure of the City Council and City Administrator, as provided in Government Code section 36506.

Accordingly, either the City or Employee may terminate Employee’s employment and this Agreement at any time, with or without cause. Only if Employee is terminated by City without Good Cause, as defined in Section 6.3 of this Agreement, shall Employee be entitled to a Severance, as defined in Section 6.3 of this Agreement.

4.2. No Property Right in Employment. Employee understands and agrees that the terms of his employment are governed solely by this Agreement and the provisions of any applicable Memorandum of Understanding (“MOU”). Employee further understands and agrees that this Agreement does not confer a right of employment for any specified term and that she is not entitled to due process for any disciplinary action under the City’s personnel policies and rules, including termination, unless such process is provided in pursuant to the terms of any applicable MOU.

Section 5. Compensation and Evaluations.

Section 5.1. Base Salary. City agrees to pay Employee an annual salary of One Hundred Thirty-six Thousand, Four Hundred Forty-eight Dollars ($136,448.00) (“Base Salary”), payable in installments at the same time the other City employees are paid.

Employee shall be eligible for cost of living and salary increases under the same terms and conditions as other similarly situated employees, in accordance with any applicable provisions of City personnel policies, rules and regulations and/or applicable MOU.

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Section 5.2. Pro-rata Decrease. Employee acknowledges that the Base Salary may be subject to a pro-rata decrease based on the City Council’s adoption of an unpaid Mandatory Furlough Program adopted as a budgetary measure.

Section 5.3. Review and Evaluation. The City Administrator agrees to review and evaluate Employee’s performance of his duties as Police Chief, pursuant to the terms of this Agreement (“Review and Evaluation”), on not less than an annual basis and to provide Employee with a written performance review. The annual Review and Evaluation shall generally be conducted each year in the month prior to Employee’s anniversary date, or at the City Administrator’s discretion.

Section 5.4. Benefits. Employee shall be entitled to participate in medical, dental and vision insurance coverage provided by the California Public Employees Retirement System (CalPERS). Unless otherwise specified in this Agreement, the City shall provide such coverage on the same terms and conditions as similarly situated employees, and in accordance with any applicable provisions of City personnel policies, rules and regulations and/or any applicable MOU. Employee acknowledges that the level of benefits and portion of premiums paid by the City may be subject to change. City will endeavor to provide Employee no less than thirty (30) days’ notice of new medical benefit program and costs.

Section 5.5. Longevity Pay. City shall add an additional 2.5 % to Employee’s then current Base Salary upon completion of five years of continuous full-time employment with City, and an additional 2.5% shall be added to Employee’s Base salary upon completion of each five year increment of continuous employment thereafter. , Section 5.6. Retirement. The City participates in CalPERS. CalPERS has determined that Employee is considered as a “Classic” (as defined under Government Code section 7522.04), and Employee shall contribute based on the enrolled tier. City will pay 100% of the employer contribution. Employee will pay 100% of the employee contribution.

Section 5.7. Vacation. . Employee shall be entitled to annual vacation leave with pay according to the number of full years of continuous employment, based on the following table. Accrual in the first year starts at day one of employment until the completion of each year.

Years of Service Annual Accrual
First through Fifth 80 hours
Sixth through Tenth 120 hours
Eleventh and Beyond
11 Years 128 hours
12 Years 136 hours
13 Years 144 hours
14 years 152 hours
15 years and beyond 160 hours
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2.5% added to the Employee’s Base Salary and included in his bi-weekly paycheck with his Base Salary.

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Vacation accrues to and will be capped at a maximum of 150% of the employee's annual accrual. Once that maximum amount is reached, no further vacation will accrue until used to reduce the employee’s balance below the maximum annual accrual.

The employee may request to cash out up to forty (40) hours of accrued vacation time each calendar year. Such requests will be granted provided, in the City Administrator’s sole discretion, the City’s business needs, and financial abilities allow.

Unless otherwise specified in this Agreement, the accrual and use of vacation shall be administered in accordance with any applicable provisions of City personnel policies, rules and regulations and/or applicable MOU. Upon separation, Employee is entitled to receive payment for all accrued but unused vacation time at his current Base Salary rate as of the date of the Employee’s separation of employment.

Section 5.8. Sick Leave. Employee shall earn sick leave at the rate of one (1) day, or eight (8) hours, for each month of service. Accrual of sick leave shall begin on the first day of the first full month of employment. Employee may be required by the City Administrator to bring a note by a medical provider stating the cause of absence if the sick leave exceeds three (3) days. Employee shall not accrue more than ninety (90) days, or seven hundred and twenty (720) hours, of sick leave. Unless otherwise specified in this Agreement, the accrual and use of sick leave shall be administered in accordance with any applicable City personnel rules, policies and regulations and/or applicable MOU.

Section 5.9. Administrative/Management Leave. It is recognized that Employee must devote a great deal of time outside the normal office hours to City business as the Police Chief. To that end, Employee receive shall fifteen (15) days, or one hundred and twenty (120) hours, of management leave (“Management Leave”) at the beginning of each fiscal year to be used as needed, upon approval of the City Administrator. Unless otherwise specified in this Agreement, the accrual and use of Management Leave shall be administered in accordance with any applicable City personnel rules, policies and regulations and/or applicable MOU. In the first year of this Agreement, Employee will be credited with a prorated portion of Management Leave for the remainder of the fiscal year.

Any unused Management Leave expires on June 30 of each fiscal year and shall not be carried over from year to year.

Section 5.10. Holidays. Employee shall be entitled to observe, with pay, the fourteen (14) observed City holidays. Authorized holidays are as follows:

1. New Year’s Day January 1

2. Martin Luther King 3rd Monday in January

3. Washington’s Birthday 3rd Monday in February

4. Memorial Day Last Mon. in May

5. Independence Day July 4

6. Labor Day 1st Mon. in Sep.

7. Columbus Day 2nd Mon. in Oct.

8. Veterans Day November 11
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9. Thanksgiving Day November, as designated

10. Day after Thanksgiving November, as designated

11. Christmas Eve December 24

12. Christmas Day December 25

13. Floating Day ** **In lieu of Election Day

14. Juneteenth June 19

Unless otherwise specified in this Agreement, the accrual and use of holiday pay shall be administered in accordance with any applicable City personnel rules, policies and regulations and/or applicable MOU.

Any additional holidays recognized by the Federal Government shall be an additional holiday and not substituted for any existing holiday.

When a holiday falls on a Saturday, the preceding Friday shall be recognized as a holiday. When a holiday falls on a Sunday, it shall be recognized the following Monday.

If a holiday falls within an employee’s vacation leave, that day shall be deemed a holiday, not a vacation day.

Section 5.11. Vehicle and Equipment. The City will provide Employee with a patrol vehicle to be used for City-related business and will cover the costs and expenses associated with said vehicle. The City will also provide Employee with all gear and equipment necessary for Employee to perform his duties, as determined by the City.

Section 5.12. Uniforms. The Police Chief shall be entitled to a uniform allowance of One Thousand Five Hundred Dollars ($1,500) annually for the purchase and maintenance of uniforms. A lump sum for uniforms will be paid twice per year, the first pay period of November and the first pay period of June. The uniform allowance shall by taxed as required by law; however, employees may submit valid receipts for uniform purchases prior to the allowance being paid to eliminate taxation of this benefit. If receipts are submitted and the amount is provided as a reimbursement to the employee, PERS pension contributions will not be calculated on the reimbursement amount.

Section 5.13. Safety Equipment. The City shall furnish all safety equipment as required by law. All equipment entrusted to Employee shall be maintained in a reasonable and prudent manner.

Section 5.14 Certificate, Licenses & Education. Employee may be entitled to incentive compensation for obtaining degrees, licenses, certifications, permits and/or successfully completing continuing education courses in Employee’s field Incentive compensation shall be added to Employee’s Base Salary, upon approval of the City Administrator and completion of the education or certificate listed below. Requests for approval shall include a curriculum or description of studies or scope of testing. Should Formatted: List Paragraph, Numbered + Level: 1 +
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2. Leather triple threat holster¶

3. Leather duty belts, including Sam Brown¶
4, Leather ammunition pouch¶
5 Expandable baton and leather pouch¶

6. Handcuffs - 2 pair and leather pouch¶

7. Raincoat¶

8. Flashlight¶

9. Utility Jacket¶

10. Protective vest¶

11. OC spray and pouch¶

12. Four belt keepers¶
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Employee already possess such credential, Employee shall submit in writing his request for incentive pay in the same manner as above.

Incentive pay guidelines are as follows:

General Guidelines:

Incentive pay for education and certifications is cumulative, up to a maximum of 5%.

POST Management Certificate= 2.5%
POST Executive Certificate= 2.5%
Section 6. Termination of Employment and Severance.

Section 6.1. Voluntary Resignation. Employee may resign at any time and agrees to give the City at least thirty (30) days advance written notice of the effective date of Employee’s resignation, unless the Parties otherwise agree in writing. If Employee retires from full-time public service with the City, Employee shall provide three (3) months advanced written notice. During the notice period, all rights and obligations of the Parties under this Agreement shall remain in full force and effect. Promptly after the effective date of resignation or retirement, the City shall pay to Employee all salary and other compensation due and owing under this Agreement. In the event of voluntary resignation or retirement, Employee shall not be entitled to Severance, as set forth in Section 6.3 of this Agreement.

Section 6.2. Termination by City Administrator. The City Administrator may terminate this Agreement and remove Employee from his position as Police Chief at any time with or without cause and with or without notice. If Employee’s termination is based on charges of misconduct that publicly stigmatizes Employee’s reputation or impairs his ability to earn a living, or might damage his standing in a community, Employee may, within five (5) business days of the City Administrator’s notice to Employee of his or his intent to terminate Employee’s employment, make a written request for a "name-clearing" hearing (as described in Lubey v. City and County of San Francisco (1979) 98 Cal.App.3d 340 at its progeny) before the City Council in closed session. The "name-clearing" hearing is solely to provide Employee the opportunity to clear his name. The City Council may determine whether the allegations contained in the notice of termination are supported. If the City Council determines that the allegations are not supported, a decision shall be issued to reflect that Employee's termination was without fault. This decision will not, however, require that Employee be reinstated to his position. In the event Employee does not request a "name-clearing" hearing before the City Council, the City Administrator’s decision to terminate will be effective by the close of business on the fifth (5th) day after the City Administrator provided notice to Employee of his or his intent to terminate his employment.

Section 6.3. Termination Without Good Cause. In the event the City terminates Employee’s employment and this Agreement without Good Cause, as defined Deleted: s
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in Section 6.4, below, the City shall pay Employee a sum equal to nine (9) month’s Base Salary (“Severance”) if Employee’s termination date is within the first year of employment. The City shall pay Employee a sum equal to six (6) month’s Base Salary (“Severance”) if Employee’s termination date is after the first year of employment. Such Severance is subject to the restrictions of Government Code section 53260 which states that the Severance amount shall not be more than the monthly Base Salary of the employee multiplied by the number of months left on the unexpired term of the contract. . The City has the option to pay the Severance to the Employee in monthly installments following the Employee’s termination. In the event the City terminates this Agreement and Employee’s employment, Employee shall be entitled to continued medical and dental benefits at his own cost, pursuant to the provisions of the federal Consolidated Omnibus Budget Reconciliation Act (“COBRA”).

Section 6.4. Termination for Good Cause. The City may at any time immediately terminate this Agreement and Employee’s employment for Good Cause, as defined below.

If Employee is terminated for Good Cause, the City shall not be required to pay any Severance under this Agreement, and the City shall have no obligation to Employee beyond those benefits accrued as of Employee’s last day of employment and those the City is obligated to provide under federal or state law.
“Good Cause” for purposes of this Agreement, means a fair and honest cause or reason for termination. These reasons include, but are not limited to:

1. Conviction of a felony;

2. Disclosing confidential information of the City;

3. Gross carelessness or misconduct;

4. Unjustifiable and willful neglect of the duties described in this Agreement;

5. Mismanagement;

6. Dishonesty;

7. Failure to perform Employee’s duties to the standard set by the City,

8. Any conduct which violates the applicable provisions of the City’s personnel policies, rules or regulations for which a City employee may be terminated;

9. Repeated and protracted unexcused absences from the Police Chief’s office and duties;
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10. Willful destruction or misuse of City property;

11. Conduct that in any way has a direct, substantial, and adverse effect on the City’s reputation whether during or outside business hours;

12. Willful violation of federal, state, or City discrimination laws;

13. Being under the influence of alcohol or narcotics (for which the employee does not have a valid medical prescription) while on duty;

14. Substance abuse which adversely affects performance of Employee’s duties as Police Chief;

15. Discourteous treatment of the public or other employees;

16. Refusal to take or subscribe any oath or affirmation which is required by law;

17. Employee’s disability resulting in his or his inability to perform the essential functions of his job, which the City is unable to reasonably accommodate without placing an undue burden on City business operations; or

18. Engaging in other employment or activities which conflict with, or present the appearance or possibility of conflicting with, City’s legitimate business interests.

The City Administrator may also place Employee on paid or unpaid investigatory leave during the Term of this Agreement.

Section 6.5 City’s Election of Demotion in Lieu of Termination Without Good Cause. At the City’s sole discretion, the City may choose to demote Employee to Sergeant in lieu of terminating Employee and paying Employee Severance, provided that there is a vacant position available for which he is qualified, and it is in the best interest of the City.

Section 7. Indemnification. The City shall defend, hold harmless, and indemnify Employee against any tort, personnel, civil rights, or professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee’s duties as Police Chief in accordance with the California Government Claims Act (Government Code section 810 et seq.) and shall provide a defense to Employee in accordance with Government Code sections 995- 996.6. The City may decline to defend or indemnify Employee only as permitted by the Government Code. City may compromise and settle any such claim or suit and pay the amount of any resulting settlement or judgment; provided, however, the City’s duty to defend and indemnify Employee shall be contingent upon Employee’s good faith Deleted:

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cooperation with such defense. In the event the City provides paid leave to the Employee pending an investigation or funds for a legal criminal defense pursuant to this Section, Employee shall reimburse the City for the amount of such paid leave or cost of the legal criminal defense, if Employee is convicted of a crime involving an abuse of office or position, as provided by Government Code sections 53243-53243.1. Also, if this Agreement and Employee’s employment are terminated, any severance the Employee may have received from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his or his office or position as provided in Government Code section 53243.2-53243.4.

Section 8. Bonding. City shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance.

Section 9. Notices. Any notice or communication required hereunder between the City and Employee must be in writing and may be given either personally, by facsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS, or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving Party’s facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day, or on a Saturday, Sunday or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to the City: City of Angels Camp
Attn: City Clerk
P.O. Box 667
584 S. Main Street
Angels Camp, CA 95222
If to the City Administrator: City of Angels Camp
Attn: City Administrator
P.O. Box 667
584 S. Main Street
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Angels Camp, CA 95222
and White Brenner
Attn: Douglas L. White
1414 K Street, 3rd Floor
Sacramento, CA 95814
If to Employee: City of Angels Camp
Attn: ____________
P.O. Box 667
200 Monte Verda St
Angels Camp, CA 95222
Copy sent to employee’s home address
Section 10. General Provisions.

10.1. Modification of Agreement. This Agreement may be supplemented, amended, or modified only by a writing signed by the City and Employee.

10.2. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties and supersedes all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.

10.3. Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any section of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining sections of this Agreement shall not be affected.

10.4. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into this Agreement had been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

10.5. Headings. The headings in this Agreement are included for convenience only, and neither affect the construction or interpretation of any section in this Agreement nor affect any of the rights or obligations of the Parties to this Agreement.

10.6. Necessary Acts and Further Assurances. The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall City of Angels Camp
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take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.

10.7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

10.8. Waiver. No covenant, term, or condition, or the breach thereof, shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

10.9. Counterparts. This Agreement may be executed in counterparts and all so executed shall constitute an agreement which shall be binding upon the Parties hereto, notwithstanding that the signatures of all Parties and Parties’ designated representatives do not appear on the same page.

10.10. Venue. Venue for all legal proceedings shall be in the Superior Court in and for the County of Calaveras in the State of California.

10.11. Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret sections of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

IN WITNESS WHEREOF, this Agreement has been entered into by and between Employee and City as of the date of the Agreement set forth above.

CITY:

City of Angels Camp, a municipal corporation
of the State of California
By:

Rebecca Callen, City Administrator
Date Signed:

EMPLOYEE:

By:

Richard S. Ellis, an individual
Date Signed:

By:

Rose Beristianos, City Clerk
Date Signed:

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Approved as to Form and Content:

By:

Douglas L. White, City Attorney

EXHIBIT A
Job Description
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EMPLOYMENT AGREEMENT

POLICE CHIEF
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into this ___ day of ____________ 2023, by and between the City of Angels Camp, a municipal corporation (“City”), and Richard S. Ellis, an individual (“Employee”). The City and Employee may individually be referred to herein as “Party” or collectively as the “Parties.” There are no other parties to this Agreement.

B. Employee has served in the position of Police Chief pursuant to an Employment Agreement dated October 5, 2018. The City Administrator has evaluated the Employee’s knowledge, experience, administrative skills, and ability to serve as the Police Chief and recommends to City Council that Employee be retained as the Police Chief, pursuant to the terms of this Agreement.

C. The Parties agree that this Agreement shall be the sole agreement between the Parties regarding the employment of Employee as Police Chief.

D. The Parties’ desire to execute this Agreement pursuant to the authority of, and subject to, the provisions of California Government Code (“Government Code”) section 53260 et seq.

NOW, THEREFORE, in consideration of the mutual covenants entered into between the Parties, and in consideration of the benefits that accrue to each, it is agreed as follows:

Section 2. Effective Date. This Agreement shall become effective once executed by both the City and Employee (“Effective Date”).

Section 3. Appointment of Police Chief, Duties, and Term.

3.1. Appointment of Police Chief Officer and Duties. Employee shall serve as the Police Chief for the City, and shall be vested with the powers, duties, and responsibilities as set forth in the City Code, California law, City ordinances and resolutions, the Police Chief Job City of Angels Camp
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Description and any such other duties and functions as the City Administrator may from time-totime assign to Employee. Employee accepts employment pursuant to the terms of this Agreement.

3.2. Secondary Employment/Conflict of Interest. Employee agrees to devote all of his productive time, ability, and attention to the City’s business to the extent necessary to perform his duties and responsibilities in a manner satisfactory to City. During the Term, as defined in Section 3.5 of this Agreement, Employee shall not hold secondary employment or engage in activities which conflict with, or present the appearance or possibility of conflicting with, City’s legitimate business interests. As such, Employee agrees that Employee will notify the City Administrator in writing if Employee accepts secondary employment, so City may determine whether there is the appearance of or an actual conflict or potential conflict with the satisfactory performance of Employee’s duties and/or the best interest of the City. Employee has the right to volunteer for such nonprofit organizations as he may see fit and further provided that such volunteer services shall not interfere with his duties as Police Officer.

3.3. Exempt Employee. Employee agrees to devote that amount of time and energy which is reasonable and necessary for Employee to faithfully perform the duties of Police Chief and supervision of the Police Department. A work week shall consist of a minimum of forty (40) hours; however, it is recognized by the Parties that Employee is an exempt employee for purposes of the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.). Employee shall not receive overtime or extra compensation for hours worked over forty (40) hours, which are necessary to fulfill the duties of the Police Chief position, unless otherwise provided in this Agreement.

3.4. Duties/Schedule. Employee’s daily and weekly work schedule shall vary in accordance with the work required to be performed. The Police Chief position may include frequent attendance at evening meetings and irregular hours as necessary to meet deadlines and achieve objectives. The City Council and the City Administrator recognize that the Police Chief must devote a great deal of his time outside normal office hours to the business of the City and, to that end, Employee will be allowed to take Administrative/Management Leave during general business hours, upon approval of the City Administrator.

As Police Chief, Employee’s initial duties shall be as shown in the Job Description attached as Exhibit A. Employee shall perform Employee’s duties under this Agreement pursuant to the laws of the State of California and applicable City Municipal Code, ordinances, and resolutions.

Employee understands that Employee’s duties may be amended from time to time by City, as necessary to meet the City’s needs. No modification or change in Employee’s responsibilities, duties, or position shall otherwise change or revoke any other provision of this Agreement.

Unless otherwise specified in this Agreement, Employee shall be bound by all the policies, rules, and regulations of City now in force and effect applicable to Employee’s position, and by all such other applicable policies, rules, and regulations as may be hereafter implemented and called to his notice and will faithfully observe and abide by the same. No such policy, rule, or regulation shall alter, modify, or revoke Employee’s status as an at-will employee or any other provision of this Agreement.

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3.5. Term. The term of this Agreement shall be for one (1) year from the Effective Date (“Term”) subject to Section 4 of this Agreement. The City Administrator, in his or her sole discretion, may extend the Term from time to time in increments of at least one (1) year. No later than three (3) months prior to the expiration of the Term, the City Administrator shall provide written notice to Employee as to whether the City Administrator intends to extend the Term.

Termination of this Agreement shall be in accordance with Section 6 below. If no notice is provided to terminate the Agreement, then the Agreement shall continue in effect for an additional one-year term.

Section 4. At-Will Employment.

4.1. At Will. Employee is an at-will employee serving at the pleasure of the City Council and City Administrator, as provided in Government Code section 36506. Accordingly, either the City or Employee may terminate Employee’s employment and this Agreement at any time, with or without cause. Only if Employee is terminated by City without Good Cause, as defined in Section 6.3 of this Agreement, shall Employee be entitled to a Severance, as defined in Section 6.3 of this Agreement.

4.2. No Property Right in Employment. Employee understands and agrees that the terms of his employment are governed solely by this Agreement and the provisions of any applicable Memorandum of Understanding (“MOU”). Employee further understands and agrees that this Agreement does not confer a right of employment for any specified term and that he is not entitled to due process for any disciplinary action under the City’s personnel policies and rules, including termination, unless such process is provided in pursuant to the terms of any applicable MOU.

Section 5. Compensation and Evaluations.

5.1. Base Salary. City agrees to pay Employee an annual salary of One Hundred Thirty-Six Thousand, Four Hundred Forty-Eight Dollars ($136,448.00) (“Base Salary”), payable in installments at the same time as other City employees are paid. Employee shall be eligible for cost of living and salary increases under the same terms and conditions as other similarly situated employees, in accordance with any applicable provisions of City personnel policies, rules, and regulations and/or applicable MOU.

5.2 Pro-Rata Decrease. Employee acknowledges that the Base Salary may be subject to a pro-rata decrease based on the City Council’s adoption of an unpaid Mandatory Furlough Program adopted as a budgetary measure.

5.3. Review and Evaluation. The City Administrator agrees to review and evaluate Employee’s performance of his duties as Police Chief, pursuant to the terms of this Agreement (“Review and Evaluation”), on not less than an annual basis and to provide Employee with a written performance review. The annual Review and Evaluation shall generally be conducted each year in the month prior to Employee’s anniversary date, or at the City Administrator’s discretion.

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5.4. Benefits. Employee shall be entitled to participate in medical, dental, and vision insurance coverage provided by the California Public Employees Retirement System (“CalPERS”). Unless otherwise specified in this Agreement, the City shall provide such coverage on the same terms and conditions as similarly situated employees, and in accordance with any applicable provisions of City personnel policies, rules, and regulations, and/or any applicable MOU. Employee acknowledges that the level of benefits and portion of premiums paid by the City may be subject to change. City will endeavor to provide Employee no less than thirty (30) days’ notice of new medical benefit program and costs.

5.5. Longevity Pay. City shall add an additional two and five/tenths percent (2.5%) to Employee’s then current Base Salary upon completion of five (5) years of continuous full-time employment with City, and an additional two and five/tenths percent (2.5%) shall be added to Employee’s Base Salary upon completion of each five (5) year increment of continuous employment thereafter.

5.6. Retirement. The City participates in CalPERS. CalPERS has determined that Employee is considered as a “Classic” (as defined under Government Code section 7522.04), and Employee shall contribute based on the enrolled tier. City will pay one hundred percent (100%) of the employer contribution. Employee will pay one hundred percent (100%) of the employee contribution.

5.7. Vacation. Employee shall be entitled to annual vacation leave with pay according to the number of full years of continuous employment, based on the following table. Accrual in the first year starts at day one (1) of employment until the completion of each year.

Years of Service Annual Accrual
First through Fifth 80 hours
Sixth through Tenth 120 hours
Eleventh and Beyond
11 Years 128 hours
12 Years 136 hours
13 Years 144 hours
14 years 152 hours
15 years and Beyond 160 hours
Vacation accrues to and will be capped at a maximum of one hundred fifty percent (150%) of the employee's annual accrual. Once that maximum amount is reached, no further vacation will accrue until used to reduce the employee’s balance below the maximum annual accrual.

Unless otherwise specified in this Agreement, the accrual and use of vacation shall be administered in accordance with any applicable provisions of City personnel policies, rules, and regulations and/or applicable MOU. Upon separation, Employee is entitled to receive payment for all accrued City of Angels Camp
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but unused vacation time at his current Base Salary rate as of the date of the Employee’s separation of employment.

5.8. Sick Leave. Employee shall earn sick leave at the rate of one (1) day, or eight (8) hours, for each month of service. Accrual of sick leave shall begin on the first day of the first full month of employment. Employee may be required by the City Administrator to bring a note by a medical provider stating the cause of absence if the sick leave exceeds three (3) days. Employee shall not accrue more than ninety (90) days, or seven hundred twenty (720) hours, of sick leave.

Unless otherwise specified in this Agreement, the accrual and use of sick leave shall be administered in accordance with any applicable City personnel rules, policies, and regulations and/or applicable MOU.

5.9. Administrative/Management Leave. It is recognized that Employee must devote a great deal of time outside the normal office hours to City business as the Police Chief. To that end, Employee shall receive shall fifteen (15) days, or one hundred twenty (120) hours, of management leave (“Management Leave”) at the beginning of each fiscal year to be used as needed, upon approval of the City Administrator. Unless otherwise specified in this Agreement, the accrual and use of Management Leave shall be administered in accordance with any applicable City personnel rules, policies, and regulations and/or applicable MOU. In the first year of this Agreement, Employee will be credited with a prorated portion of Management Leave for the remainder of the fiscal year. Any unused Management Leave expires on June 30 of each fiscal year and shall not be carried over from year to year.

5.10. Holidays. Employee shall be entitled to observe, with pay, the fourteen (14) observed City holidays. Authorized holidays are as follows:

1. New Year’s Day January 1

2. Martin Luther King 3
rd Monday in January

3. Washington’s Birthday 3
rd Monday in February

4. Memorial Day Last Monday in May

5. Independence Day July 4

6. Labor Day 1
st Monday in September

7. Columbus Day 2
nd Monday in October

8. Veterans Day November 11

9. Thanksgiving Day November, as designated

10. Day after Thanksgiving November, as designated

11. Christmas Eve December 24

12. Christmas Day December 25

13. Floating Day ** **In lieu of Election Day

14. Juneteenth June 19
Unless otherwise specified in this Agreement, the accrual and use of holiday pay shall be administered in accordance with any applicable City personnel rules, policies, and regulations and/or applicable MOU.

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Any additional holidays recognized by the Federal Government shall be an additional holiday and not substituted for any existing holiday.

When a holiday falls on a Saturday, the preceding Friday shall be recognized as a holiday. When a holiday falls on a Sunday, it shall be recognized the following Monday. If a holiday falls within an employee’s vacation leave, that day shall be deemed a holiday, not a vacation day.

5.11. Vehicle and Equipment. The City will provide Employee with a patrol vehicle to be used for City-related business and will cover the costs and expenses associated with said vehicle. The City will also provide Employee with all gear and equipment necessary for Employee to perform his duties, as determined by the City.

5.12. Uniforms. The Police Chief shall be entitled to a uniform allowance of One Thousand Five Hundred Dollars ($1,500.00) annually for the purchase and maintenance of uniforms. A lump sum for uniforms will be paid twice per year, the first pay period of November and the first pay period of June. The uniform allowance shall by taxed as required by law; however, employees may submit valid receipts for uniform purchases prior to the allowance being paid to eliminate taxation of this benefit. If receipts are submitted and the amount is provided as a reimbursement to the employee, CalPERS pension contributions will not be calculated on the reimbursement amount.

5.13. Safety Equipment. The City shall furnish all safety equipment as required by law.

All equipment entrusted to Employee shall be maintained in a reasonable and prudent manner.

5.14 Certificate, Licenses & Education. Employee may be entitled to incentive compensation for obtaining degrees, licenses, certifications, permits and/or successfully completing continuing education courses in Employee’s field. Incentive compensation shall be added to Employee’s Base Salary, upon approval of the City Administrator and completion of the education or certificate listed below. Requests for approval shall include a curriculum or description of studies or scope of testing. Should Employee already possess such credential, Employee shall submit in writing his request for incentive pay in the same manner as above.

Incentive pay guidelines are as follows:

General Guidelines:

Incentive pay for education and certifications is cumulative, up to a maximum of five percent (5%).

POST Management Certificate = 2.5%
POST Executive Certificate = 2.5%
Section 6. Termination of Employment and Severance.

6.1. Voluntary Resignation. Employee may resign at any time and agrees to give the City at least thirty (30) days’ advance written notice of the effective date of Employee’s resignation, unless the Parties otherwise agree in writing. If Employee retires from full-time public City of Angels Camp
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service with the City, Employee shall provide three (3) months’ advanced written notice. During the notice period, all rights and obligations of the Parties under this Agreement shall remain in full force and effect. Promptly after the effective date of resignation or retirement, the City shall pay to Employee all salary and other compensation due and owing under this Agreement. In the event of voluntary resignation or retirement, Employee shall not be entitled to Severance, as set forth in Section 6.3 of this Agreement.

6.2. Termination by City Administrator. The City Administrator may terminate this Agreement and remove Employee from his position as Police Chief at any time with or without cause and with or without notice. If Employee’s termination is based on charges of misconduct that publicly stigmatizes Employee’s reputation or impairs his ability to earn a living, or might damage his standing in a community, Employee may, within five (5) business days of the City Administrator’s notice to Employee of his or his intent to terminate Employee’s employment, make a written request for a "name-clearing" hearing (as described in Lubey v. City and County of San Francisco (1979) 98 Cal.App.3d 340 at its progeny) before the City Council in closed session.

The "name-clearing" hearing is solely to provide Employee the opportunity to clear his name. The City Council may determine whether the allegations contained in the notice of termination are supported. If the City Council determines that the allegations are not supported, a decision shall be issued to reflect that Employee's termination was without fault. This decision will not, however, require that Employee be reinstated to his position. In the event Employee does not request a "name-clearing" hearing before the City Council, the City Administrator’s decision to terminate will be effective by the close of business on the fifth (5th) day after the City Administrator provided notice to Employee of his or her intent to terminate his employment.

6.3. Termination Without Good Cause. In the event the City terminates Employee’s employment and this Agreement without Good Cause, as defined in Section 6.4, below, the City shall pay Employee a sum equal to nine (9) month’s Base Salary (“Severance”) if Employee’s termination date is within the first year of employment. The City shall pay Employee a sum equal to six (6) month’s Base Salary if Employee’s termination date is after the first year of employment. Such Severance is subject to the restrictions of Government Code section 53260, which states that the Severance amount shall not be more than the monthly Base Salary of the employee multiplied by the number of months left on the unexpired term of the contract. The City has the option to pay the Severance to the Employee in monthly installments following the Employee’s termination. In the event the City terminates this Agreement and Employee’s employment, Employee shall be entitled to continued medical and dental benefits at his own cost, pursuant to the provisions of the federal Consolidated Omnibus Budget Reconciliation Act (“COBRA”).

6.4. Termination for Good Cause. The City may at any time immediately terminate this Agreement and Employee’s employment for Good Cause, as defined below. If Employee is terminated for Good Cause, the City shall not be required to pay any Severance under this Agreement, and the City shall have no obligation to Employee beyond those benefits accrued as of Employee’s last day of employment and those the City is obligated to provide under federal or state law.

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“Good Cause” for purposes of this Agreement, means a fair and honest cause or reason for termination. These reasons include, but are not limited to:

1. Conviction of a felony;

2. Disclosing confidential information of the City;

3. Gross carelessness or misconduct;

4. Unjustifiable and willful neglect of the duties described in this Agreement;

5. Mismanagement;

6. Dishonesty;

7. Failure to perform Employee’s duties to the standard set by the City,

8. Any conduct which violates the applicable provisions of the City’s personnel policies, rules, or regulations for which a City employee may be terminated;

9. Repeated and protracted unexcused absences from the Police Chief’s office and duties;

10. Willful destruction or misuse of City property;

11. Conduct that in any way has a direct, substantial, and adverse effect on the City’s reputation whether during or outside business hours;

12. Willful violation of federal, state, or City discrimination laws;

13. Being under the influence of alcohol or narcotics (for which the employee does not have a valid medical prescription) while on duty;

14. Substance abuse which adversely affects performance of Employee’s duties as Police Chief;

15. Discourteous treatment of the public or other employees;

16. Refusal to take or subscribe any oath or affirmation which is required by law;

17. Employee’s disability resulting in his inability to perform the essential functions of his job, which the City is unable to reasonably accommodate without placing an undue burden on City business operations; or

18. Engaging in other employment or activities which conflict with, or present the appearance or possibility of conflicting with, City’s legitimate business interests.

The City Administrator may also place Employee on paid or unpaid investigatory leave during the Term of this Agreement.

6.5. City’s Election of Demotion in Lieu of Termination Without Good Cause. At the City’s sole discretion, the City may choose to demote Employee to Sergeant in lieu of terminating Employee and paying Employee Severance, provided that there is a vacant position available for which he is qualified, and it is in the best interest of the City.

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performance of Employee’s duties as Police Chief in accordance with the California Government Claims Act (Government Code section 810 et seq.) and shall provide a defense to Employee in accordance with Government Code sections 995 through 996.6. The City may decline to defend or indemnify Employee only as permitted by the Government Code. City may compromise and settle any such claim or suit and pay the amount of any resulting settlement or judgment; provided, however, the City’s duty to defend and indemnify Employee shall be contingent upon Employee’s good faith cooperation with such defense. In the event the City provides paid leave to the Employee pending an investigation or funds for a legal criminal defense pursuant to this Section, Employee shall reimburse the City for the amount of such paid leave or cost of the legal criminal defense, if Employee is convicted of a crime involving an abuse of office or position, as provided by Government Code sections 53243 through 53243.1. If this Agreement and Employee’s employment are terminated, any severance the Employee may have received from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position as provided in Government Code section 53243.2 through 53243.4.

Section 8. Bonding. City shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance.

Section 9. Notices. Any notice or communication required hereunder between the City and Employee must be in writing and may be given either personally, by facsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS, or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving Party’s facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day, or on a Saturday, Sunday, or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days’ written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to the City: City of Angels Camp
Attn: City Clerk
P.O. Box 667
584 S. Main Street
Angels Camp, CA 95222
If to the City Administrator: City of Angels Camp
Attn: City Administrator
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P.O. Box 667
584 S. Main Street
Angels Camp, CA 95222
and White Brenner
Attn: Douglas L. White
1414 K Street, 3rd Floor
Sacramento, CA 95814
If to Employee: City of Angels Camp
Attn: ____________
P.O. Box 667
200 Monte Verda Street
Angels Camp, CA 95222
Copy sent to employee’s home address
Section 10. General Provisions.

10.1. Modification of Agreement. This Agreement may be supplemented, amended, or modified only by a writing signed by the City and Employee.

10.6. Necessary Acts and Further Assurances. The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other City of Angels Camp
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actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.

10.7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

10.9. Counterparts. This Agreement may be executed in counterparts, and all so executed shall constitute an agreement which shall be binding upon the Parties hereto, notwithstanding that the signatures of all Parties and Parties’ designated representatives do not appear on the same page.

10.10. Venue. Venue for all legal proceedings shall be in the Superior Court in and for the County of Calaveras in the State of California.

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IN WITNESS WHEREOF, this Agreement has been entered into by and between Employee and City as of the date of the Agreement set forth above.

CITY:

City of Angels Camp, a municipal corporation
of the State of California
By:

Rebecca Callen, City Administrator
Date Signed:

EMPLOYEE:

Richard S. Ellis
By:

Richard S. Ellis, an individual
Date Signed:

By:

Rose Beristianos, City Clerk
Date Signed:

Approved as to Form and Content:

By:

Douglas L. White, City Attorney
Date Signed:

EXHIBIT A
Job Description

DEFINITION

CHIEF OF POLICE
AUGUST 2020
FLSA: EXEMPT
Under administrative direction, plans, organizes, manages, and provides administrative direction and oversight for all functions and activities of the Police Department including community policing, patrol, traffic, investigations, internal affairs, communications, and supportive serv ices; formulates departmental
policies, goals, and directives; coordinates assigned activities with other City deprutments, officials, outside agencies, and the public; fosters cooperative working relationships among City departments and with intergovernmental, regulatory agencies, and various public and private groups; provides highly responsible and complex professional assistance to the City Administrator in areas of expertise; and performs related work as required.

SUPERVISION RECEIVED A D EXERCISED
Receives administrative direction f
r
om the City Administrator. Exercises direct superv1s1on over management, supervisory, professional, technical, and administrative support staff through subordinate levels of supervision.

CLASS CHARACTERJSTICS
This is a department director classification that oversees, directs, and participates in all activities of the Police Department, including short- and long-term planning as well as development and administration of departmental policies, procedures, and services. This class provides assistance to the City Manager in a variety of administrative, coordinative, analytical, and liaison capacities. Successful performance of the work requires knowledge of public policy, City functions and activities, including the role of the City Council, and the ability to develop, oversee, and implement projects and programs in a variety of areas.

Responsibilities include coordinating the activities of the department with those of other departments and outside agencies and managing and overseeing the complex and varied functions of the department. The incumbent is accountable for accomplishing departmental planning and operational goals and objectives, and for furthering City goals and objectives within general policy guidelines.

EXAMPLES OF TYPICAL JOB FUNCTIONS {Illustrative Onlv)
Management reserves the right lo add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can pe,form the essential functions of the job.
► Assumes full management responsibility for all Police Department programs, services, and activities including community policing, patrol, traffic, investigations, internal affairs, communications, and support services.
► Develops, directs, and coordinates the implementation of goals, objectives, policies, procedures, and work standards for the department; establishes, within City policy, appropriate budget, service, and staffing levels.
► Manages and participates in the development and administration of the department's budget; directs the forecast of additional funds needed for staffing, equipment and supplies; directs the monitoring of and approves expenditures; directs and implements budgetary adjustments as nccessaiy. ► Selects, trains, motivates, and directs department personnel; evaluates and reviews work for acceptability and conformance with department standards, including program and project p1iorities and

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: October 3, 2023
TO: City Council
FROM: Rose Beristianos, City Clerk
RE: APPROVE RESOLUTION 23-78 GRANTING AUTHORITY FOR THE CITY ADMINISTRATOR TO PLACE AN EMPLOYEE ABOVE STEP 3
RECOMMENDATION:

Approve Resolution 23-78 Granting Authority for the City Administrator to Place an Employee Above Step 3.

BACKGROUND:

City Personnel Policy Section 4.04 SALARY AT INITITAL APPOINTMENT allows the City Administrator to place an employee up to Step C, or Step 3. Placement above Step 3 requires approval by City Council.

DISCUSSION:

The city has been recruiting for a Plant Operator III most recently since March of this year. We have had difficulty keeping it filled since September of 2021. Management have interviewed and selected a highly qualified individual that has the certifications to a Plant Operator II. His intention is to immediately begin working toward the required certification to meet the requirements of the Plant Operator III.

In the meantime, the recommendation is to underfill Plant Operator III with Plant Operator II. Based on the individual's experience and certifications, it is recommended to place them at St. Upon completing the final certification, the promotion would be to Plant Operator III at Step 3.

FINANCIAL IMPACT:

This position was budgeted at the higher range.

ATTACHMENTS:

Resolution No. 23-78
7H

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 23-78

A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL TO AUTHORIZE THE CITY

ADMINISTRATOR TO PLACE AN APPLICANT FOR THE PLANT OPERATOR III POSITION AT A STEP HIGHER THAN STEP 3
WHEREAS,; the City Personnel Policy Section 4.04 SALARY AT INITIAL APPOINTMENT does not allow the City Administrator to make an initial appointment above Step 3, and WHEREAS,; the City has had difficulty in recruiting and retaining the Plant Operator III position since September 2021, and
WHEREAS,; the City has interviewed a highly qualified applicant and deems their experience and education to warrant a step placement above Ste 3, and WHEREAS,; staff recommend placement at Step 4 for and underfill of Plant Operator II NOW, THEREFORE, BE IT RESOLVED, that the City of Angels City Council does hereby approve the City Administrator to approve an initial salary placement above Step 3 PASSED AND ADOPTED this 3rd day of October 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon Mayor
_______________________
Rose Beristianos, City Clerk

HOME OF THE JUMPING FROG
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Angels Camp City CouncilOctober 3, 2023

Angels Camp City Council
October 3, 2023