AGENDA REPORT
Meeting Date: March 7, 2023
Item Number:
To: Honorable Mayor & City Council
From: Timothea Tway, Director of Community Development
Shelley Ovrom, Director of Human Resources
Subject: APPROVAL OF AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND RAYMOND B. TAYLOR TO SERVE
AS THE INTERIM DEPUTY DIRECTOR OF RENT STABILIZATION
Attachments: 1. Employment Agreement
RECOMMENDATION
Staff recommends that the City Council approve the employment agreement between the City of Beverly Hills and Raymond B. Taylor to serve as the Interim Deputy Director of Rent Stabilization until a permanent replacement is selected.
INTRODUCTION
Due to the recent separation of the City’s Deputy Director of Rent Stabilization, the City has a need to fill the position on an interim basis until a permanent replacement is selected. The office of Rent Stabilization requires specialized skills and the process for identifying a top Deputy Director of Rent Stabilization will take several months. Due to the length of time necessary to identify a top candidate for the permanent appointment to the position, it would be in the best interest of the City to hire an Interim Deputy Director of Rent Stabilization with the superior leadership qualities to support the department during this time. The Interim Deputy Director of Rent Stabilization would not be a candidate for the permanent appointment.
DISCUSSION
Mr. Taylor possesses the specialized skills necessary to serve as the Interim Deputy Director of Rent Stabilization as the result of a long and distinguished career in city government, including service for over 25 years as the City Manager for Westlake Village. Mr. Taylor also has experience with the City of Beverly Hills, serving as the Interim Director of Community Services in 2019 and providing interim support to the office of the City Clerk in 2022.
D-9
Generally, the Director of Community Development appoints the Deputy Director of Rent Stabilization, in consultation with the City Manager. However, because Mr. Taylor retired from the City of Westlake Village, which like Beverly Hills, contracts for retirement benefits with the Public Employees’ Retirement System (PERS), Government Code Section 21221 requires the City Council, rather than the Director of Community Development, appoint Mr. Taylor to the Interim Deputy Director of Rent Stabilization position.
FISCAL IMPACT
Due to his status as a retiree from another PERS agency, State law limits the compensation that may be paid to Mr. Taylor for his service as Interim Deputy Director of Rent Stabilization. Mr. Taylor’s compensation must be within the salary range previously established by the City Council for the Deputy Director of Rent Stabilization position and set forth in the City’s publicly available compensation plan. Mr. Taylor will be earning an hourly rate of $95.00, which equates to approximately $16,466 per month. State law prohibits Mr. Taylor from receiving any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to this amount. The Deputy Director of Rent Stabilization salary is included in the budget and therefore no budget adjustment or appropriation is necessary for this interim appointment.
Timothea Tway
Director of Community Development
Approved By
ATTACHMENT 1
EMPLOYMENT AGREEMENT BETWEEN
CITY OF BEVERLY HILLS AND RAYMOND B. TAYLOR
This Employment Agreement (“Agreement”) shall be effective as of March 8, 2023, by and between the City of Beverly Hills, a California municipal corporation (the “City”), and Raymond B. Taylor, an individual (“Employee”).
R E C I T A L S
A. The City’s Deputy Director of Rent Stabilization separated from the city on February 9, 2023, creating a vacancy for the position.
B. The City has posted a recruitment for the permanent appointment of the Deputy Director of Rent Stabilization and desires to secure the specialized services of a suitably qualified person to serve as Interim Deputy Director of Rent Stabilization on a temporary, interim basis while the City seeks to permanently fill the position.
C. The Interim Deputy Director of Rent Stabilization is an appointment to a position of a limited duration and one requiring specialized skills. It is a temporary, provisional appointment, pending recruitment, selection and appointment of a permanent Deputy Director of Rent Stabilization or earlier termination as determined by the City.
D. Employee possesses the specialized skills necessary to serve as Interim Deputy Director of Rent Stabilization as a result of a long and distinguished career in city government, including service for over 25 years as the City Manager for Westlake Village.
E. The City desires to have Employee serve as Interim Deputy Director of Rent Stabilization and Employee desires to accept employment as Interim Deputy Director of Rent Stabilization.
F. Employee is a retired person under the California Public Employees’ Retirement System (“PERS”) and desires to retain his retirement status and benefits. The Public Employees’ Retirement Law (“PERL”), commencing at Government Code Section 20000, permits a retired person under PERS to serve in otherwise covered employment without reinstatement from retirement and without loss or interruption of retirement benefits, provided certain conditions exist and, with limited exceptions, all employment for the retired person does not exceed 960 hours in any fiscal year. The City and Employee desire to structure the employment to take advantage of this provision, pursuant to the authority in Government Code section 21221(h).
G. The City and Employee wish to enter into an Employment Agreement that sets forth the rights and obligations of the parties and that will supersede all prior negotiations, discussions, or agreements.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the City and Employee agree as follows:
1. TERM. The term of this Agreement shall be from March 8, 2023 (“Effective Date”) to the earlier of the date on which (a) a duly appointed person assumes the duties of the position of Deputy Director of Rent Stabilization, (b) Employee reaches 960 hours of service as a retired annuitant in a fiscal year for all PERS covered employers, or (c) this Agreement is terminated by the City or Employee. Employee shall only be appointed once and shall not be eligible for reappointment or for an extension of the specified term.
DocuSign Envelope ID: 638A1A31-B278-48F7-B567-344177EFE002
2. DUTIES AND AUTHORITY. Employee shall, on an interim basis, exercise the full powers and perform the duties of the position of Deputy Director of Rent Stabilization of the City of Beverly Hills, as set forth in the Beverly Hills Municipal Code; personnel and departmental rules, regulations, and procedures; the applicable job description; and under State law, as each of them currently or may in the future exist. Employee shall exercise such other powers and perform such other duties as the City Council may from time to time assign.
3. EMPLOYEE'S OBLIGATIONS. Employee shall devote his best efforts to the performance of this Agreement and to the promotion of the City's interests. Employee shall not engage in any activity, consulting service, or enterprise, for compensation or otherwise, which is actually or potentially in conflict with or inimical to, or which materially interferes with, his duties and responsibilities to the City, or presents a reasonable likelihood that Employee will be required by State law to recuse himself from discussions or decisions regarding City business.
4. HOURS, WAGE RATE AND BENEFITS.
A. Hours. Employee shall perform his duties as Interim Deputy Director of Rent Stabilization for the City five days per week, with an expected minimum of eight hours per day. Employee’s schedule may be adjusted to serve the City’s needs, as agreed to by Employee and the City Manager. The position of Deputy Director of Rent Stabilization is an exempt position and is not eligible for overtime pay.
B. Base Wage. Consistent with applicable provisions of California retirement law, the compensation paid to Employee will not be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, as listed on a publicly available pay schedule for the position of Deputy Director of Rent Stabilization. The monthly salary range of $11,381.98 to $17,292.49 will be divided by 173.333 to equal an hourly rate. The City shall pay Employee for all hours actually worked at the hourly rate of $95.00, subject to legally permissible or required withholding, paid on the City’s normal paydays. Employee agrees to accurately track and report all hours worked. Employee acknowledges that he cannot volunteer hours of work to the City during the term of this Agreement.
C. Employment Benefits. Employee acknowledges that he will not be eligible for and shall not receive any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate, except as expressly required by law. The parties acknowledge that Employee is not eligible for California paid sick leave pursuant to the exemption in Labor Code § 245.5(a)(4).
(1) Group Medical and Dental Insurance. Employee acknowledges that he (including his dependents) will not be eligible for and hereby waives entitlement to health and welfare benefits and group insurance, including, without limitation, medical, life, dental, optical, and disability coverage.
(2) Retirement Plan. Employee shall remain a retired person under PERS and shall not be eligible to participate under the PERS plan applicable to other employees of the City. As a retired annuitant and to the extent provided by law, Employee will not be subject to mandatory social security coverage.
(3) Expenses. The City recognizes that Employee may incur certain expenses of a non-personal and job-related nature. The City agrees to reimburse or to pay such business expenses which are incurred and submitted according to the City’s normal expense reimbursement procedures. To be DocuSign Envelope ID: 638A1A31-B278-48F7-B567-344177EFE002 eligible for reimbursement, all expenses must be supported by documentation meeting the City’s normal requirements and must be submitted within the time limits established by the City. (4) Bonding. The City shall bear the full costs of any fidelity or other bonds required of Employee under any law or ordinance by virtue of his employment as Interim Deputy Director of Rent Stabilization.
5. APPOINTMENT. As an interim appointment, Employee’s appointment is temporary and provisional, qualifying only for the compensation provided under this Agreement and ineligible for benefits applicable to regular executive appointments, except as otherwise provided in this Agreement.
6. INDEMNIFICATION. The City will defend and indemnify Employee, using legal counsel of the City’s choosing, against legal liability for acts or omissions by Employee occurring in the course and scope of employment under this Agreement, in accordance with California Government Code Sections 825, 995, and 995.2–995.8 and other applicable provisions of California law. In the event independent counsel is required for Employee, the City may select and will pay the reasonable fees of such independent counsel.
7. AT-WILL EMPLOYMENT RELATIONSHIP. Consistent with City rules and procedures, and Government Code section 21221(h), the City Council and City Manager shall be the appointing authorities for Employee. Employee is employed at the pleasure of the City Council and City Manager. Either the City Council, City Manager, or Employee may terminate this Agreement and the employment relationship at any time without cause. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Council or City Manager to terminate this Agreement. Employee may terminate this Agreement and the employment relationship upon 30 calendar days written notice.
8. PAYMENT UPON SEPARATION. The City shall pay Employee for all services through the effective date of termination and Employee shall receive no other compensation or payment or any severance. Since Employee is not eligible for paid leave, payment for unused leave time will not be applicable.
9. INTEGRATION OF AGREEMENT. This Agreement contains the entire Agreement between the parties and supersedes all prior oral and written agreements, understandings, commitments, and practices between the parties concerning Employee’s employment as Interim Deputy Director of Rent Stabilization with the City. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or written, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding on either party.
10. METHOD OF AMENDMENT. No amendments to this Agreement may be made except by a writing signed and dated by the parties.
11. NOTICES. Any notice to the City under this Agreement shall be given in writing to the City, either by personal service or by registered or certified mail, postage prepaid, addressed to the City Manager at the City's principal place of business. A courtesy copy shall be given to the City Attorney in a like manner.
Any such notice to Employee shall be given in a like manner and, if mailed, shall be addressed to Employee at his home address then shown in the City's files. For the purpose of determining compliance with any time limit in this Agreement, a notice shall be deemed to have been duly given (a) on the date of delivery, if served personally on the party to whom notice is to be given, or (b) on the third calendar day after mailing, if mailed to the party to whom the notice is to be given in the manner provided in this section.
DocuSign Envelope ID: 638A1A31-B278-48F7-B567-344177EFE002
12. GENERAL PROVISIONS.
A. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances.
B. This Agreement sets forth the final, complete, and exclusive agreement between the City and Employee relating to the employment of Employee by the City. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement.
The foregoing notwithstanding, Employee acknowledges that, except as expressly provided in this Agreement, his employment is subject to the City’s generally applicable rules and policies pertaining to employment matters, such as those addressing equal employment opportunity, sexual harassment, and violence in the workplace.
C. This Agreement shall be interpreted and construed pursuant to and in accordance with the local laws of the State of California and all applicable City Codes, Ordinances, and Resolutions.
D. Employee acknowledges that he has had the opportunity and has conducted an independent review of the financial and legal effects of this Agreement. Employee acknowledges that he has made an independent judgment upon the financial and legal effects of this Agreement and has not relied upon any representation of the City, its officers, agents, or employees other than those expressly set forth in this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed and executed personally or on its behalf by its duly authorized representative.
EMPLOYEE:
__________________________
RAYMOND B. TAYLOR
CITY:
CITY OF BEVERLY HILLS,
A California Municipal Corporation
By: _______________________
LILI BOSSE, Mayor
City of Beverly Hills, California
ATTEST:
__________________________(Seal)
HUMA AHMED
City Clerk
DocuSign Envelope ID: 638A1A31-B278-48F7-B567-344177EFE002 APPROVED AS TO CONTENT:
__________________________
NANCY HUNT-COFFEY
City Manager
__________________________
SHELLEY OVROM
Director of Human Resources
APPROVED AS TO FORM:
__________________________
LAURENCE S. WIENER
City Attorney
DocuSign Envelope ID: 638A1A31-B278-48F7-B567-344177EFE002