7.9 No Pending Claims and/or Actions: Employee represents that Employee has not filed any complaints or charges against the City or the City Parties with any local, state or federal agency or court; that Employee will not do so at any time hereafter for any claim arising up to and including the Effective Date of this Agreement; and that if any such agency or court assumes jurisdiction of any such complaint or charge against the City or the City Parties on behalf of Employee, whenever or where ever filed, Employee will request such agency or court to withdraw from the matter forthwith. Nothing herein shall be interpreted as a release or waiver of any workers’ compensation claims or in any way prohibit or prevent Employee from participating in any claims or administrative action brought by a state or federal agency.
7.10 Ownership of Claims: Employee represents and warrants as a material term of this Agreement that Employee has not heretofore assigned, transferred, released, or granted, or purported to assign, transfer, release, or grant, any of the Claims disposed of by this Agreement. In executing this Agreement, Employee further warrants and represents that none of the Claims released by Employee thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.
7.11 Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this Agreement; the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which that party may be entitled.
7.12 Authority: Each party represents to the other that it has the right to enter into this Agreement, and that it is not violating the terms or conditions of any other Agreement to which they are a party or by which they are bound by entering into this Agreement. The parties represent that they will obtain all necessary approvals to execute this Agreement. It is further represented and agreed that the individuals signing this Agreement on behalf of the respective parties have actual authority to execute this Agreement and, by doing so, bind the party on whose behalf this Agreement has been signed.
7.13 Unemployment: Nothing in this Agreement shall limit Employee’s ability to apply for unemployment benefits.
8. MISCELLANEOUS
8.1 No Admission: Nothing contained herein shall be construed as an admission by the City of any liability of any kind. The City denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.
8.2 Governing Law: This Agreement has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California.
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Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement)
The Parties agree that the exclusive jurisdiction for any legal proceeding arising out of or relating to this Agreement shall be the Kern County Superior Court and all Parties hereby waive any challenge to personal jurisdiction or venue in that court.
8.3 Full Integration: This Agreement is the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written Agreements and discussions. This Agreement may be amended only by a further Agreement in writing, signed by the parties hereto.
8.4 Continuing Benefit: This Agreement is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.
8.5 Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the parties agree that same shall not be construed against any party.
8.6 Severability: In the event that any term, covenant, condition, provision, or Agreement contained in this Agreement is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or Agreement shall in no way affect any other term, covenant, condition, provision or Agreement and the remainder of this Agreement shall still be in full force and effect.
8.7 Titles: The titles included in this Agreement are for reference only and are not part of its terms, nor do they in any way modify the terms of this Agreement.
8.8 Counterparts: This Agreement may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all parties. Delivery of executed originals of this Agreement, as well as any instrument contemplated in connection with this Agreement, may be affected by facsimile and/or electronic transmission, and in such event, copies of executed originals so delivered may be used in place of, and shall have the same force and effect as, the executed originals.
8.9 Notice: Any and all notices given to any party under this Agreement shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party's discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given and/or received on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail.
City: City Of Arvin
City Hall
200 Campus Drive
Arvin, California 93203
Employee: Megan E. Miller
Address set forth in Employee's
Personnel File.
5.A.2
Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement)
ASSISTANT CITY MANAGER EMPLOYMENT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.
Dated: “Employee”
By:
Megan E. Miller
Dated: City of Arvin
By:
Name:
Title: Mayor
APPROVED AS TO FORM:
For City:
By:
Name:
Title: City Attorney
For Employee (if represented):
By:
Name:
Title:
5.A.2
Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement)
ASSISTANT CITY MANAGER EMPLOYMENT AGREEMENT
EXHIBIT “1”
EMPLOYMENT AGREEMENT
5.A.2
Attachment: 4.11.23 ACM Employment Agreement (Approval of Assistant City Manager Employment Agreement) City of Arvin
ASSISTANT CITY MANAGER
DEPARTMENT: CITY ADMIN
FLSA STATUS: EXEMPT
UNIT: UNREPRESENTED, DEPARTMENT HEAD
GRADE:
JOB SUMMARY
Under the direction of the City Manager, assumes full management responsibility for assigned functions, services, and activities of the city and directs all activities of the Human & Community Resources and Public Works Departments, and administrative oversight of the Community Development Department. To include but not limited to, providing policy recommendations to the City Manager, develops new department structures and procedures; manages, plans, organizes, directs, and coordinates all department activities across assigned divisions listed above.
DISTINGUISHING CHARATERISTIC
The Assistant City Manager is a department head classification with overall responsibility for the activities of the city as directed by the City Manager. The incumbent is accountable, through subordinate managers and supervisors, for accomplishing all department goals, and for furthering City goals and objectives within general policy guidelines for assigned divisions listed above.
SUPERVISION RECEIVED AND EXERCISED
Receives policy direction from the City Manager. The incumbent develops and implements internal department policies and exercises supervision, either directly or through subordinate supervisors, over management, supervisory, professional, technical, and administrative support personnel within the Public Works Department and administratively only staff within the Community Development Department.
EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only)
Assistant City Manager Duties
• Assist in the development of City goals, objectives, and priorities for assigned divisions. • Manage the development and implementation of goals, objectives, and priorities for each assigned service area; recommend and administer policies and procedures. • Establish, within City policy, appropriate service, and staffing levels for assigned functions; monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; allocate resources accordingly. • Assess and monitor workload and internal reporting relationships for assigned areas of responsibility; identify opportunities for improvement; direct and implement changes. • Plan, direct, and coordinate, through management level staff, the work plan for assigned functions; assign projects and programmatic areas of responsibility; provide
5.A.3
Attachment: ACM job summary 4.11.23 (Approval of Assistant City Manager Employment Agreement) Assistant City Manager
direction and supervision on key projects; review and evaluate work methods and procedures; meet with key staff to identify and resolve problems. • Select, train, motivate, and evaluate assigned personnel; provide or coordinate staff training; work with employees to correct deficiencies;
• Conduct special studies and analyses of regional, local and agency issues for the City Manager; conduct organization and management reviews; formulate recommendations and prepare reports; evaluate programs and prepare studies and analyses. • Participate in the development of City goals, objectives, polices, and priorities; incorporate community input into goals and objectives for the City Manager’s and City Council’s approval; develop new polices in consultation with the City Manager; confer with Department Directors and employees regarding significant policy and procedural changes.
• Coordinate and participate in providing responsible assistance to the City Manager, attend City Council meetings and other public meetings to assist or represent the City Manager in the City Manager’s absence.
• Serve as acting City Manager when directed by the City Manager; oversee City operations in the City Manager’s absence.
Community Development Duties
• Administratively oversees the City’s Community Development Department Public Works Duties
• Administratively oversees the City’s Public Works Division. • Provide City Manager with policy recommendations on assigned areas. • Develop, plan, and implement department goals and objectives; recommend and administer policies and procedures.
• Coordinate Department activities with those of assigned departments and outside agencies and organizations; provide staff assistance to the City Manager; prepare and present staff reports and other necessary correspondence. • Direct, oversee and participate in the development of the Department's work plan; assign work activities, projects, and programs; monitor workflow; review and evaluate work products, methods, and procedures.
• Select, train, motivate and evaluate personnel; provide or coordinate staff training; conduct performance evaluations, maintain and high standards necessary for the efficient and professional operation of the Department.
Human & Community Resources Duties
5.A.3
Attachment: ACM job summary 4.11.23 (Approval of Assistant City Manager Employment Agreement) Assistant City Manager
• Handle union issues pertaining to the City’s two represented groups; serve as lead negotiator for current and future memorandum of understanding (MOU) issues; resolve employee relations issues related to contract interpretation. • Oversee and evaluate the efficiency and effectiveness of all aspects of the department's programs and recommend appropriate service and staffing levels. • Address employee relations issues: consult with managers and employees regarding the interpretation of personnel practices, polices, and procedures including related laws and regulations and provisions of the MOUs; provide information and assistance to departmental personnel regarding employee evaluations, disciplinary actions, and other employee relations issues.
• Coordinate and implement recruitment and selection activities including announcement development, application screening and evaluation, examination selection and development, and candidate certification.
• Conduct and implement classification, reclassification, and organizational studies; evaluate and determine appropriate classifications and structures; prepare written reports and recommendations; develop new and revise existing classification specifications.
• Conduct wage, salary and benefit studies and surveys for the purpose of compensation administration and bargaining unit negotiations; compile data and prepare written reports including recommendations for action.
• Administer the City’s Workers’ Compensation program to include claims processing and preventative activities (e.g., training and audits); conduct investigations; prepare reports for insurance carriers; represent the City at related hearings. • Manage medical leaves (industrial and otherwise), ensuring compliance with relevant federal and state leave laws and City policy; develop and administer return-to-work plans; conduct interactive processes and formulate and implement accommodations as needed.
• Consult with managers and supervisors regarding job performance and workplace behavioral standards and expectations, and coach City leadership through feedback communication about expectations and observations; monitor performance improvement conversations and documentation processes.
• Conduct and/or coordinate implementation of intra/interdepartmental training programs and activities.
• Conduct research, analyze data, and prepare written and statistical reports and recommendations for a variety of human resource issues and topics; make oral presentations as required to a wide variety of audience types (city council, employee groups, supervisors, etc.).
• Update and revise policies and procedures, written directives, rules, and regulations and various employee materials as appropriate.
• Conduct new employee orientation and exit interviews; ensure proper applicant notification.
• Respond to public inquires in a courteous manner; provide information within the area of assignment; resolve complaints in an efficient and timely manner.
5.A.3
Attachment: ACM job summary 4.11.23 (Approval of Assistant City Manager Employment Agreement) Assistant City Manager
• Attend and participate in professional group meeting; stay abreast of new trends and innovations in the field of human resources administration. • Plan, develop and implement COA Small Business Alliance within the city. Coordinate the project from inception to launch, release of project information and plan outreach activities.
• Identify, cultivate, and develop new and existing strategic relationships with local churches, businesses, civic groups.
• Solicit community participation and support and encouraging community involvement opportunities.
• Participate in meetings, conferences, community events related to programs within the assigned area; promoting the city and help further the rebrand of the city and foster new growth.
• Oversee major city events to plan and execute community relations events, drives, and other special events Specific activities include developing project work plans and budgets, scheduling and facilitating planning meetings, and coordinating logistics. • Market the city and lead in branding endeavors.
• Assist in establishing strong social media presence for COA and APD and develop path moving forward.
• Responsible for the development, maintenance, and enhancement of a comprehensive informational program for the city. Creates oral, printed and/or video materials for dissemination to the public.
• Accepts comments and complaints from the public. Research data, gather facts and work with staff to develop the city’s response.
• Prepares press releases and distributes to the media and public. Shares information clearly, calmly, and accurately.
• Maintains good working relationships with elected officials, media, and other public information officers.
• Perform COA public information officer duties.
• Regular and timely attendance
• Perform related duties as requested.
MINIMUM QUALIFICATIONS
Sufficient experience and education to demonstrate the knowledge and skills listed and to perform the essential duties is required. A typical way of obtaining the required qualifications is:
Education:
A Bachelor’s degree from an accredited college or university in Business or Public Administration, City or Regional Planning, Urban Planning, or related field.
Experience:
Five (5) years of increasingly responsible professional-level human resources administration experience and Five (5) years of increasingly responsible executive level management experience. Preferably in a public sector municipal government agency in the State of California.
5.A.3
Attachment: ACM job summary 4.11.23 (Approval of Assistant City Manager Employment Agreement) Assistant City Manager
Knowledge of:
• Federal, State and local laws, codes and regulations relating to personnel administration.
• Principles and practices of risk management.
• Principles and practices of the administration of a comprehensive public personnel program
• Principles and practices of public administration, organization development, and management
• Principles and practices of public administration, management, and organizational theories.
• Principles and practices of leadership, motivation, team building and conflict resolution. • Organizational and management practices as applied to the analysis and evaluation of programs, policies, and operational needs.
• Public relations practices and techniques.
• Research methods; report writing techniques; statistical concepts and methods; principles and techniques of project management.
• Techniques for providing a high level of customer service to the public and City staff, in person and over the telephone.
• Principles, practices, and procedures of human resources administration in the areas of employment, compensation and classification, workers’ compensation, employee development, training, labor relations, negotiation processes, performance management and discipline, and benefits administration. • Principles of city government organization, functions, and management. • Basic principles and procedures of record keeping.
• Resources to sustain current understanding of modern trends and legal issues in the field of human resources management.
• Methods and techniques of research and analysis.
• Office procedures, methods, and equipment including computers, all Microsoft Office applications, and other relevant software applications. Pertinent federal, state, and local laws, codes, and regulations.
• English usage including grammar, spelling, vocabulary, and punctuation. • Techniques for providing a high level of customer service to the public and City staff, in person and over the telephone.
Abilities to:
• Develop implement and apply sound programs, policies, and procedures in accordance with Federal, State, and local laws, ordinances and policies. • Analyze data, communicate complete information, develop recommendations, and prepare and present effective written and oral reports. • Provide effective employee management, effective leadership, supervision, training, and work evaluation.
• Interpret, apply, and effectively explain laws, rules, regulations, and departmental
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Attachment: ACM job summary 4.11.23 (Approval of Assistant City Manager Employment Agreement) Assistant City Manager
policies.
• Exercise sound and independent judgment, conduct independent analyses and make recommendations on complex, sensitive and controversial issues. • Establish clear goals and objectives in order to create an organization that delivers excellent customer service through ethical leadership standards. • Establish, maintain, and foster cooperative relationships by promoting effective partnerships with department peers, employees, citizens, and others contacted in the course of work.
• Work effectively in time-sensitive situations and coordinate multiple projects and complex tasks simultaneously.
• Communicate effectively orally and in writing and make clear and convincing presentations.
• Develop creative and practical solutions to complex and difficult problems. • Communicate tactfully, sensitively, and effectively with employees and employee representatives.
• Establishing and maintaining working relationships with professional colleagues in other public jurisdictions.
• Provide effective administrative and technical leadership to the Human Resource Department.
• Respond effectively to requests for assistance from other department managers. • Read, understand, and apply established City policies, procedures, practices, and regulations.
• Maintain confidentiality.
• Make rapid and sound independent judgments.
• Successfully develop, control and administer departmental budget and expenditures. • Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. • Interpret and apply construction and design standards, various codes and regulations, and department policies, procedures, rules and regulations. • Deliver effective presentations before City Council, Planning Commission, other local and regional commissions and boards, and various community groups • Communicate clearly and concisely, both orally and in writing. • Supervise, train, and evaluate assigned personnel.
• Provide high quality customer service.
• Establish and maintain effective working relationships with those contacted in the course of work.
WORKING CONDITIONS
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Work is primarily performed in the office in an air-conditioned office environment with natural
5.A.3
Attachment: ACM job summary 4.11.23 (Approval of Assistant City Manager Employment Agreement) Assistant City Manager
and fluorescent lighting and moderate noise level and occasionally in the field in all weather conditions, and are occasionally exposed to loud noise levels, road hazards, mechanical and/or electrical hazards, and hazardous substances and fumes. Employees may interact with upset members of the public and private representatives and contractors in interpreting and enforcing departmental policies and procedures. May be required to work a varied schedule which could include off-hours, weekends, and on-call. Must possess mobility to work in the field and in a standard office setting and use standard office equipment, including a computer, to operate a motor vehicle, drive on surface streets, and make inspections; strength, stamina, and mobility to perform light physical work; vision to read printed materials and a computer screen, and hearing and speech to communicate in person and over the telephone or radio. The job involves fieldwork requiring frequent walking on uneven terrain and landscapes when performing inspections. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate above-mentioned tools and equipment.
Positions in this classification bend, stoop, kneel, reach, and climb to perform work and inspect work sites. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 35 pounds.
HISTORY
Approved by:
Date:
5.A.3
Attachment: ACM job summary 4.11.23 (Approval of Assistant City Manager Employment Agreement)