Acting City Administrator At-Will Employment Agreement
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desirable for Acting Administrators continued professional participation, growth and advancement, or for the good of the City, in an amount not to exceed Three Thousand Five Hundred Dollars ($3,500.00) per year.
K. Travel Expenses. City agrees to pay Acting Administrator’s travel and subsistence expenses for official travel, meetings, and occasions reasonably necessary to continue Acting Administrator’s professional development, and for Acting Administrator’s reasonable participation in necessary official and other functions for the City; including, but not limited to, national, regional, state, and local conferences, and governmental groups and committees on which Acting Administrator serves as a member. Notwithstanding the above, the City Council shall have discretion to determine the number of conferences and meetings for which the City will reimburse Acting Administrator for attending each year.
L. Educational Incentive Program. Acting Administrator shall be eligible to participate in the City’s Educational Incentive Program. Within a reasonable period, City Acting Administrator will obtain ICMA certification, at City’s expense.
M. Vacation, Sick, Executive, and Bereavement Leave.
Vacation Leave. Acting Administrator shall accrue vacation leave at the rate of 120 hours/year. Vacation leave will be accrued at the same rate as other At-Will employees based on years of service as shown in the At-Will Compensation and Benefits Plan. Acting Administrator may accrue up to twice his annual allotted amount of vacation. Acting Administrator may “sell back” vacation at the same rate as other At-Will employees (currently 80 hours per fiscal year).
Upon termination or resignation from employment, Acting Administrator shall be paid for all accrued and unused vacation time based on the Acting Administrator’s base salary at the time of payment, unless reinstated as Assistant City Administrator, in which case all accruals will remain in place.
Sick Leave. Acting Administrator shall accrue eight (8) hours per month of sick leave, subject to the Carmel-by-the-Sea Municipal Code Sections 2.52.660 through 2.52.685. Acting Administrator may convert the equivalent amount of sick leave to retirement credit in accordance with PERS rules and regulations.
Management (Executive) Leave. Acting Administrator shall be entitled to 96 hours of management leave per year. Acting Administrator will be pro-rated for hours of management leave to hire date for the current fiscal year. The Non-Accruable leave shall only be used in the fiscal year in which it was provided and will be replenished at the beginning of each fiscal year. NonAccruable hours are not available for liquidation at any time or for payoff at termination, retirement or dismissal pursuant to Municipal Code Section 2.52.650.
Bereavement Leave. Acting Administrator shall be entitled to use bereavement leave as per City policy (currently 24 hours) each fiscal year for serious illness, disability, or death in the Acting Administrator’s immediate family.
N. Holidays. Consistent with other City employees, Acting Administrator shall receive paid holidays annually as approved by City Council (currently 12 days).
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Acting City Administrator At-Will Employment Agreement
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O. General Leave. Acting Administrator shall also receive eight (8) hours of General Leave on July 1 of each year. General Leave does not roll over from year to year, and shall have no cash value.
P. Other Benefits. Acting City Administrator will receive the same economic benefits as other employees in the City’s current At-Will Compensation and Benefits Plan (Plan), as it may be amended by the City from time to time, unless otherwise provided by this Agreement, in which case this Agreement will govern.
Q. COBRA The City agrees to extend to the Acting Administrator the right to continue health insurance as may be required by and pursuant to the terms and conditions of the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA). The City agrees to pay the Acting Administrator 's COBRA coverage for six months, or until he either secures full-time employment or obtains other health insurance, whichever occurs first, up to a maximum of six months. The Acting Administrator shall notify the City within five days of securing new fulltime employment or insurance.
9. Abuse of Office or Position
If Acting Administrator is convicted of a crime involving an abuse of his office or position, all of the following shall apply: (a) if Acting Administrator is provided with administrative leave pay pending an investigation, Acting Administrator shall be required to fully reimburse City such amounts paid; (b) if City pays for the criminal legal defense of Acting Administrator (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), Acting Administrator shall be required to fully reimburse City such amounts paid; and (c) if this Agreement is terminated, any Severance Pay and Severance Benefits related to the termination that Acting Administrator may receive from City shall be fully reimbursed to City or shall be void if not yet paid to Acting Administrator. For purposes of this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or (2) a crime against public justice or of moral turpitude.
10. Enforcement of this Agreement
The prevailing party in any action brought to enforce this Agreement or to resolve any dispute or controversy arising under its terms and conditions, shall be entitled to payment of his or its reasonable attorneys’ fees and costs.
11. Indemnification
The City shall defend, hold harmless and indemnify Acting Administrator against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Acting Administrator’s duties as City Acting Administrator. If City compromises or settles any such claim or suit, City shall pay the amount of any settlement, or if the claim results in a judgment against Acting Administrator, City shall pay any such judgment. This indemnification does not apply to any act, action or omission arising out of the gross negligence, willful misconduct on the part of Acting Administrator, or acts of Acting Administrator outside the scope of his duties. The provisions of this Section shall survive the termination of this Agreement.
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Acting City Administrator At-Will Employment Agreement
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12. Notices
Any notices to be given hereunder by either party to the other in writing may be effected either by personal delivery, mail, or email. Mailed notices shall be addressed to the Parties as set forth below, but each party may change his/her/its address by written notice given in accordance with this Section. Notices delivered personally or by email will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of three (3) calendar days following the date of mailing.
CITY: City of Carmel-by-the-Sea Mayor
P.O. Box CC
Carmel-by-the-Sea, CA 93921
ACTING
ADMINISTRATOR
Brandon Swanson
Address on file with City
13. Conflict With Municipal Code
The City Municipal Code, personnel ordinances, resolutions, rules and policies shall apply to Acting Administrator in the same manner as applied to other At-Will employees. However, in the event of a conflict between the provisions of this Agreement and the Municipal Code, the Municipal Code shall govern.
14. Entire Agreement
This Agreement represents the entire agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the employment of Acting Administrator by City, and contains all of the covenants and agreements between the Parties with respect to that employment. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by either party, or by anyone acting on behalf of either party, which are not embodied herein, and that no other employment agreement, statement, or promise not contained in this Agreement shall be valid or binding upon either party.
15. Modifications
Any modifications to this Agreement shall be effective only if in writing and signed by both of the Parties hereto.
16. Effect of Waiver
The failure of either party to insist upon strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
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Acting City Administrator At-Will Employment Agreement
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17. Partial Invalidity
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
18. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
19. Government Code Provisions
A. Pursuant to Government Code section 53260, in the event City provides Acting Administrator with a cash settlement related to the termination of this Agreement, the cash settlement shall not exceed the lesser of (1) an amount equal to the monthly salary of Employee multiplied by 18 or (2) an amount equal to the monthly salary of Acting Administrator multiplied by the number of months left on the unexpired term of the Employment Agreement.
B. Pursuant to Government Code sections 53243 and 53243.3, in the event City provides paid leave salary to Acting Administrator pending an investigation into Acting Administrator, Acting Administrator shall fully reimburse City for any paid leave salary if Acting Administrator is convicted of a crime involving an abuse of his office or position.
C. Pursuant to Government Code sections 53243.1 and 53243.3, in the event the City provides funds for Acting Administrator’s legal criminal defense, Acting Administrator shall fully reimburse City for any such funds if Acting Administrator is convicted of a crime involving an abuse of his office or position.
D. Pursuant to Government Code sections 53243.2 and 53243.3, in the event the City provides Acting Administrator with a cash settlement related to Acting Administrator’s termination, Acting Administrator shall fully reimburse City for any such cash settlement if Acting Administrator is convicted of a crime involving an abuse of his office or position.
E. Pursuant to Government Code section 53243.4, ”means (a) an abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority, or (b) a crime against public justice, including, but not limited to, a crime described in Title 5 ( commencing with Section 67), Title 6 ( commencing with Section 85), or Title 7 (commencing with Section 92) of Part 1 of the Penal Code.
This Agreement is entered into this 3rd day of December 2025 .
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Acting City Administrator At-Will Employment Agreement
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City of Carmel-by-the-Sea
By: ________________________________
Dale Byrne, Mayor
____________________________________
Brandon Swanson
Attest:
____________________________________
Nova Romero, City Clerk
Approved as to Form:
________________________
Brian Pierik, City Attorney
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Exhibit A
GENERAL RELEASE AGREEMENT
This General Release Agreement (“Release Agreement”) is entered into by and between ________________________ (“ Acting Administrator ”) and City of Carmel-by-the-Sea __________________ (“City”), in light of the following facts:
A. Acting Administrator’s employment with City concluded on __________.
B. Certain disputes have arisen between City and Acting Administrator C. City and Acting Administrator each deny any liability whatsoever to the other.
D. City and Acting Administrator wish to fully and finally resolve any and all disputes they may have with each other,
E. Acting Administrator is hereby informed that he has twenty-one (21) days from receipt of this Agreement to consider it. City hereby advises Acting Administrator to consult with his legal counsel before signing this Agreement.
F. Acting Administrator acknowledges that for a period of seven (7) days following the signing of this Agreement (“Revocation Period”), he may revoke the Agreement. This Agreement shall not become effective or enforceable until the day the Revocation Period has expired.
G. Acting Administrator acknowledges that the Salary Payment referenced in paragraph 1 of this Agreement represents all compensation, including salary, accrued benefit balances and reimbursed expenses, due and payable to him through the date of employment termination. Acting Administrator also acknowledges that City has made this Salary Payment without regard to whether he signs this Agreement. The Salary Payment does not constitute consideration for this Agreement.
1. Receipt of Salary Payment. Acting Administrator hereby acknowledges receipt of a check or checks for all compensation owing to him, including salary, accrued benefit balances and reimbursed expenses (“Salary Payment”) from City.
2. Severance. Within five (5) days following Acting Administrator’s signing, delivering to the City, and not revoking this Agreement, City shall pay Acting Administrator the gross amount provided for in Section 6.B. of the attached Employment Agreement, less applicable deductions, and shall provide the month of medical benefits as provided in that same Section 6.B.
Acting Administrator acknowledges that the Severance is in excess of all amounts due and owing him as a result of his employment by City.
3. General Release. In consideration of the Severance to be paid and provided to and other good and valuable consideration, Acting Administrator hereby releases and discharges City and its past and present City Council Members, employees, representatives and agents, from all EXHIBIT A ATTACHMENT 2
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rights, claims, causes of action, and damages, both known and unknown, in law or in equity, concerning and/or arising out of his/her employment by City which heshe now has, or ever had, including but not limited to any rights, claims, causes of action or damages arising under Title VII of the Civil Rights Act of 1964, the Vocational Rehabilitation Act of 1973, the Employee Retirement Income Security Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefits Protection Act, the Family and Medical Leave Act of 1993, the Domestic Partners Act of 2003, the California Labor Code, the Private Attorneys General Act of 2004, the California Moore-Brown-Roberti Family Rights Act, the California Unruh Civil Rights Act, the California Fair Employment and Housing Act, any other federal, state, or local employment practice legislation, or any federal or state common law, including wrongful discharge, breach of express or implied contract, or breach of public policy.
Acting Administrator hereby waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of California. Acting Administrator understands and acknowledges the significance and consequences of this specific waiver of Section 1542. Section 1542 of the Civil Code of California states as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of City and its past and present City Council Members, employees, representatives and agents, Acting Administrator expressly acknowledges that this General Release is intended to include in its effect, without limitation, all claims which he does not know or suspect to exist in his favor.
Acting Administrator further acknowledges that he has read this General Release and that he understands that this is a general release, and that he intends to be legally bound by the same.
4. Fees and Costs. Acting Administrator and City agree that in the event of litigation relating to this Release Agreement, the prevailing party shall be entitled to recover his/its reasonable attorneys’ fees and costs.
Dated:
By: _____________________________
Mayor, City of Carmel-by-the-Sea
Dated:
By: BRANDON ACTING
ADMINISTRATOR
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Approved As To Form:
By: _________________________________
Date: _______________________________
Attest:
By: _________________________________
Date: _______________________________
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