AGENDA
ITEM
10 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
10 CITY COUNCIL
AGENDA STAFF REPORT
DATE: November 1, 2023
TO: Mayor and City Council
APPROVED BY:
PREPARED BY:
SUBJECT: Approval of Interim Police Chief Employment Agreement with Armando Orozco
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Recommendation:
Authorization from City Council for the Mayor to execute the Interim Police Chief Employment Agreement with Armando Orozco.
Background:
With the resignation of Sergeant Victor Legaspi and the ongoing process of hiring a permanent Police Chief, it is in the City's best interest to have the functions, duties and obligations of Police Chief bertormed on an interim basis. The City Manager has determined that Sgt. Armando Orozco is a suitable person to assume the role on an interim basis. Sat. Orozco will continue to serve as a Sergeant with the Calexico Police Department and is familiar with its policies, procedures, and staff.
Discussion and Analysis:
The terms of the Interim Police Chief Employment Agreement are summarized as follows:
• Sgt. Orozco will continue to serve as Sergeant while serving as Interim Police Chief. • Sgt. Orozco will be eligible for reclassification to a budgeted Lieutenant's position upon attaining POST certifications and continued education required of the position, as well as fulfilling one year or more serving in the capacity of Interim Police Chief, should a vacant Lieutenant's position be available.
• The start date of the agreement is October 24, 2023.
• Compensation will be $9,541 per month.
• Either party may terminate the agreement on 30 days' notice.
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. Orozco in his position as Sergeant with the Calexico Police Department. Sgt. Orozco 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.
Coordinated With:
Administration
Attachments):
1. Interim Police Chief Employment Agreement
2 AGREEMENT FOR INTERIM POLICE CHIEF SERVICES
THIS AGREEMENT is made and entered into as of the 24th day of October 2023, by and between the CITY OF CALEXICO, a California municipal corporation ("CITY") and Armando Orozco 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 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 needs, business, or opportunities of CITY may require from time to time.
1.3 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.
SECTION 2. CONDITIONS OF EMPLOYMENT.
2.1 The starting date for EMPLOYEE's services shall be October 24, 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 October 24, 2023, until termination of this Agreement pursuant to Section 5.
SECTION 4. COMPENSATION.
4.1 For services rendered pursuant to this Agreement, EMPLOYEE shall be compensated at a monthly rate of $9,541 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.
4.2 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.
5.1 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 give by either party hereto. Notice of termination shall be given in writing and may be delivered personally or by mail.
5.2 Notwithstanding Section 5.1, 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, except where EMPLOYEE may be eligible for reclassification to a budgeted and vacant Lieutenant's position upon meeting all of the following criteria:
• POST certifications as required of the position;
Minimum education requirements listed in the job description; • Successfully serving in the capacity of Interim Police Chief for one year or more.
SECTION 6. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or 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 of 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 of the City of Calexico
BY:_ DATE:
Armando Orozco, Interim Police Chief