AGENDA
ITEM
1 CITY OF CALEXICO
CALEXICO
How Caltrous Cut Tess Trail AGENDA STAFF REPORT
DATE: June 22, 2023
TO: Mayor and City Council
APPROVED BY: Esperanza Colio-Warren, City Manager/
REVIEWED BY: Sandra Fonseca, Interim Finance Director
Denise Fascio
PREPARED BY: Denise Garcia, Human Resources/Risk Management Manager SUBJECT: Approval of Interim Police Chief Employment Agreement =========== =========================================== Recommendation:
It is recommended that the City Council authorize the Mayor to execute the Interim Police Chief Employment Agreement.
Background:
With the resignation of Lt. Serrano and ongoing process of hiring a new Police Chief, it is in the City's best interest to have the functions, duties and obligations of Police Chief performed on an interim basis. The City Manager has determined that Sgt. Legaspi is the only qualified person in the department to assume the Interim Police Chief role. Sgt.
Legaspi will continue to serve as a Sergeant with the Calexico Police Department and is familiar with its policies, procedures, and staff.
Discussion & Analysis:
The terms of the Interim Police Chief Employment Agreement are summarized as follows:
• Sgt. Legaspi will continue to serve as Sergeant while serving as Interim Police Chief and will continue to serve as Sergeant upon the termination of this agreement.
• The starting date of the agreement is June 20, 2023.
• Compensation will be $9,541 per month.
• Either party may terminate the agreement on 30 days' notice. AGENDA ITEM
Fiscal Impact:
The Interim Police Chief Employment Agreement provides for a monthly salary of $9,541.00. This salary includes the salary paid to Sgt. Legaspi in his position as Sergeant with the Calexico Police Department. Sgt.
Legaspi will not receive any additional employee benefits based on his service as Interim Police Chief. However, he will continue to receive all benefits currently provided to him as a result of his position as Sergeant.
Attachment(s):
1. Interim Police Chief Employment Agreement.
AGREEMENT FOR
INTERIM POLICE CHIEF SERVICES
THIS AGREEMENT is made and entered into as of the 20th day of June 2023 by and between the CITY OF Calexico, a California municipal corporation ("CITY") and Victor E.
Legaspi an individual ("EMPLOYEE").
RECITALS:
WHEREAS, CITY requires the temporary services of an Interim Police Chief for an undetermined period of time;
WHEREAS, EMPLOYEE is ready, willing, and able to supply such services; WHEREAS, the City Council of CITY has determined that EMPLOYEE is best qualified for the position of Interim Police Chief;
WHEREAS, CITY presently employs EMPLOYEE as a Sergeant; and WHEREAS, EMPLOYEE will continue to serve as a Sergeant throughout the period EMPLOYEE serves as Interim Police Chief and will continue to serve as Sergeant upon the termination of this Agreement.
NOW, THEREFORE, CITY and EMPLOYEE agree as follows:
SECTION 1 APPOINTMENT AND DUTIES OF EMPLOYEE.
1.1 CITY hereby employs EMPLOYEE as Interim Police Chief of the City, and EMPLOYEE hereby accepts such employment. EMPLOYEE shall serve as Interim Police Chief at the will and pleasure of the City Council of CITY. As requested by, and under the direction of the City Council, EMPLOYEE shall provide Police Chief services to CITY.
EMPLOYEE agrees to perform faithfully and to the best of EMPLOYEE'S ability, experience, and talents, all of the duties that may be required by the express and implied terms of this Agreement, to the reasonable satisfaction of CITY. Such duties shall be provided at such place(s) as the needs, business, or opportunities of CITY may require from time to time.
In addition to the duties set forth in this Agreement, EMPLOYEE shall continue to serve as the Sergeant and perform those functions to the best of his ability at the direction and to the satisfaction of CITY. 60457.00002131997643.1
SECTION 2. CONDITIONS OF EMPLOYMENT.
2.1. The starting date for EMPLOYEE'S services shall be June 20, 2023.
2.2 During the term of this Agreement, EMPLOYEE shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of EMPLOYEE'S duties under this Agreement.
SECTION 3. TERM OF AGREEMENT. This Agreement shall be effective from June 20, 2023, until termination of this Agreement pursuant to Section 5.
SECTION 4. COMPENSATION.
For services rendered pursuant to this Agreement, EMPLOYEE shall be compensated at a monthly rate of $9,541.00 for the combined duties of Sergeant and Interim Police Chief. EMPLOYEE'S compensation shall be subject to all applicable taxes, insurance, and other required deductions.
CITY shall reimburse EMPLOYEE for reasonable "out of pocket" costs or expenses incurred in the performance of EMPLOYEE'S duties under this Agreement, in accordance with CITY'S reimbursement policies in effect at the time.
4.3 EMPLOYEE will continue to receive all the same benefits he was receiving as Sergeant.
SECTION 5. TERMINATION.
Except as provided in Section 5.2 below, this Agreement may be terminated without cause at any time upon thirty (30) days advance written notice given by either party hereto. Notice of termination shall be given in writing and may be delivered personally or by mail.
5.2 Notwithstanding Section 5.l, upon any one of the following events, this Agreement shall terminate automatically, without notice to the other party. • The commencement of duties of an individual appointed to the permanent position of Police Chief by CITY;
Any breach of the terms of this Agreement.
5.3 Upon Termination of this Agreement, EMPLOYEE will continue to serve in the position of Sergeant within the Police Department. 60457 00002134997643. 1
es on dee are 1C pome o indeem in contains genie ener or thr written. This Agreement supersedes any prior written or oral agreement between the parties except with respect to EMPLOYEE'S position as Sergeant.
SECTION 7. SEVERABILITY. If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
SECTION 8. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties.
SECTION 9. WAIVER. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
IN WITNESS WHEREOF, CITY and EMPLOYEE have caused this Agreement to be executed as of the day and date first above written.
CITY OF CALEXICO
BY: DATE:
Raul Urena, Mayor
BY: DATE:_
Victor E. Legaspi, Employee
60457 00002 34997643.