AGENDA REPORT
Meeting Date: June 27, 2023
Item Number:
To: Honorable Mayor & City Council
From: Nancy Hunt-Coffey, City Manager
Shelley Ovrom, Director of Human Resources
Subject: APPROVAL OF AN EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF BEVERLY HILLS AND JEFFREY LAMBERT TO SERVE AS
THE INTERIM DIRECTOR OF COMMUNITY DEVELOPMENT
Attachments: 1. Employment Agreement
RECOMMENDATION
Staff recommends that the City Council approve the employment agreement between the City of Beverly Hills and Jeffrey Lambert to serve as the Interim Director of Community Development until a permanent replacement is selected.
INTRODUCTION
Due to the recent departure of the City’s Director of Community Development, the City has a need to fill the position on an interim basis until a permanent replacement is selected. The department of Community Development requires specialized skills and the process for identifying a top Director of Community Development candidate 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 Director of Community Development with superior leadership qualities to lead the department during this period of active recruitment. The Interim Director of Community Development would not be a candidate for the permanent appointment.
E-18
Meeting Date: June 27, 2023
DISCUSSION
Mr. Lambert possesses the specialized skills necessary to serve as the Interim Director of Community Development as the result of a long and distinguished career in city government, including service as Community Development Director for the City of Ventura and City of Oxnard.
Generally, the City Manager appoints the Director of Community Development, in consultation with the City Council. However, because Mr. Lambert retired from the City of Oxnard which, like Beverly Hills, contracts for retirement benefits with the Public Employees’ Retirement System (PERS), Government Code Section 21221 requires t h a t the City Council appoint Mr.
Lambert to the Interim Director of Community Development position.
FISCAL IMPACT
Due to his status as a retiree from another PERS member agency, State law limits the compensation that may be paid to Mr. Lambert for his service as Interim Director of Community Development. Mr. Lambert’s compensation must be within the salary range previously established by the City Council for the Director of Community Development position and set forth in the City’s publicly-available compensation plan. Mr. Lambert will be earning an hourly rate of $125, which equates to approximately $21,667 per month. State law prohibits Mr. Lambert from receiving any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to this amount. The Director of Community Development salary is included in the budget and therefore no budget adjustment or appropriation is necessary for this interim appointment.
Nancy Hunt-Coffey
City Manager
Approved By
ATTACHMENT 1
1 EMPLOYMENT AGREEMENT BETWEEN
CITY OF BEVERLY HILLS AND JEFFREY LAMBERT
This Employment Agreement (“Agreement”) shall be effective as of June 28, 2023, by and between the City of Beverly Hills, a California municipal corporation (the “City”), and Jeffrey Lambert, an individual (“Employee”).
R E C I T A L S
A. The City’s Director of Community Development separated from the city on June 8, 2023, creating a vacancy for the position.
B. The City has posted a recruitment for the permanent appointment of the Director of Community Development and desires to secure the specialized services of a suitably-qualified person to serve as Interim Director of Community Development on a temporary, interim basis while the City seeks to permanently fill the position.
C. The Interim Director of Community Development is an appointment to a position of a limited duration and one requiring specialized skills. It is a temporary, provisional appointment, pending the recruitment, selection, and appointment of a permanent Director of Community Development or earlier termination as determined by the City.
D. Employee possesses the specialized skills necessary to serve as Interim Director of Community Development as a result of a long and distinguished career in city government, including his service as Community Development Director for the City of Ventura and City of Oxnard.
E. The City desires to have Employee serve as Interim Director of Community Development and Employee desires to accept employment as Interim Director of Community Development.
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 June 28, 2023 (“Effective Date”) to the earlier of the date on which (a) a duly appointed person assumes the duties of the position of Director of Community Development, (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 DocuSign Envelope ID: 827BFA7C-CB7C-4D07-B9E5-CDE94B460E2D 2 shall only be appointed once and shall not be eligible for reappointment or for an extension of the specified term.
2. DUTIES AND AUTHORITY. Employee shall, on an interim basis, exercise the full powers and perform the duties of the position of Director of Community Development 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 Director of Community Development 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 Director of Community Development 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 Director of Community Development. The monthly salary range of $17,656.63 to $25,549.10 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 $125.00, 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.
DocuSign Envelope ID: 827BFA7C-CB7C-4D07-B9E5-CDE94B460E2D 3 (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 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 Director of Community Development.
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 Director of Community Development 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, DocuSign Envelope ID: 827BFA7C-CB7C-4D07-B9E5-CDE94B460E2D 4 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.
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
__________________________
JEFFREY J. LAMBERT
CITY
CITY OF BEVERLY HILLS,
A California Municipal Corporation
By:_______________________
JULIAN A. GOLD, M.D., Mayor
City of Beverly Hills, California
DocuSign Envelope ID: 827BFA7C-CB7C-4D07-B9E5-CDE94B460E2D 5 CITY
CITY OF BEVERLY HILLS,
A California Municipal Corporation
By:_______________________
NANCY HUNT-COFFEY, City Manager
City of Beverly Hills, California
ATTEST:
__________________________(Seal)
HUMA AHMED
City Clerk
APPROVED AS TO FORM:
__________________________
LAURENCE S. WIENER
City Attorney
B0785-0301\2824717v1.doc
DocuSign Envelope ID: 827BFA7C-CB7C-4D07-B9E5-CDE94B460E2D Certificate Of Completion
Envelope Id: 827BFA7CCB7C4D07B9E5CDE94B460E2D Status: Sent Subject: Complete with DocuSign: Jeffrey Lambert Employment Agreement - Interim - BH - FINAL.pdf Source Envelope:
Document Pages: 5 Signatures: 2 Envelope Originator:
Certificate Pages: 2 Initials: 0 Joe Evans
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455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.181
Record Tracking
Status: Original
6/20/2023 12:02:54 PM
Holder: Joe Evans
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Jeffrey Lambert
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 99.151.21.148
Sent: 6/20/2023 12:35:19 PM
Viewed: 6/20/2023 12:46:38 PM
Signed: 6/20/2023 12:49:47 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Stephanie Cao for
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 24.24.216.53
Sent: 6/20/2023 12:35:18 PM
Resent: 6/20/2023 3:13:32 PM
Viewed: 6/20/2023 3:16:45 PM
Signed: 6/20/2023 3:21:41 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Logan Phillippo
[email protected]
Real Property Development Manager
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 6/20/2023 3:21:42 PM
Viewed: 6/20/2023 7:46:42 PM
Electronic Record and Signature Disclosure:
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Nancy Hunt Coffey
[email protected]
Assistant City Manager
Security Level: Email, Account Authentication
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Sent: 6/20/2023 3:21:43 PM
Electronic Record and Signature Disclosure:
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Julian Gold M.D.
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Signer Events Signature Timestamp
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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City Clerk
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/20/2023 12:35:19 PM
Envelope Updated Security Checked 6/20/2023 3:13:31 PM
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