SECTION II - DUTIES
EMPLOYEE shall perform those duties as set forth in the job description attached hereto, with respect to his position of Chief of Police, and such other duties as may be requested from time to time by the City Manager.
Unless otherwise specified in this Agreement, EMPLOYEE shall be bound by all the policies, rules, and regulations of City now in force and effect applicable to EMPLOYEE’S position, and by all such other applicable policies, rules, and regulations as may be hereafter implemented and called to EMPLOYEE’S notice and will faithfully observe and abide by the same. No such policy, rule, or regulation shall alter, modify, or revoke EMPLOYEE’S status as an at-will employee or any other provision of this Agreement.
SECTION III – HOURS OF WORK
It is recognized that the EMPLOYEE’S position is an exempt executive management position which often requires more than a conventional forty (40) hour week to provide the desired level of professional service. It is further recognized that to properly fulfill the duties and responsibilities of the position, EMPLOYEE will devote a considerable amount of time outside normal office hours to the business of the City. Therefore, while EMPLOYEE shall spend sufficient hours on site to perform the duties of the position, EMPLOYEE has discretion over the work schedule and work location and will not be required to maintain a strict forty (40) hour-per-week on-site presence at City Hall and may be occasionally absent from City Hall during normal business hours as is reasonable and appropriate.
SECTION IV- SALARY
The salary for the EMPLOYEE shall be set at Range J91, Step C ($15,308 per month) of the 7/07/24-6/30/25 City of Ceres Class Titles and Salary Ranges Schedule.
EMPLOYER agrees that EMPLOYEE’S compensation for subsequent fiscal years will be reconsidered as part of the budgetary process for those Fiscal Years. Step increases to be considered consistent with City Personnel Rules on an annual basis. ///
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3 SECTION V – TERM, TERMINATION AND SEVERANCE PAY
A. Term. The term of this Agreement shall be for three (3) years from the Effective Date set forth in Section VIII (“Term”), unless terminated earlier pursuant to this Section V. The City Manager in his or her sole discretion may extend the Term for one (1) year. No later than three (3) months prior to the expiration of the Term, the City Manager shall provide written notice to EMPLOYEE as to whether the City Manager intends to extend the Term.
This Agreement shall become effective upon its Effective Date; upon the adoption of a resolution of the City Council approving this Agreement.
B. Voluntary Resignation. EMPLOYEE may resign at any time and agrees to give the City at least thirty (30) calendar days advance written notice of the effective date of EMPLOYEE’S resignation unless the Parties otherwise agree in writing. If EMPLOYEE retires from full-time public service with the City, EMPLOYEE shall provide ninety (90) calendar days advance written notice. EMPLOYEE’S actual retirement date will be mutually established between the Parties. During the notice period, unless otherwise set forth in this Agreement, all rights and obligations of the Parties under this Agreement shall remain in full force and effect. Promptly after the effective date of resignation or retirement, the City shall pay to EMPLOYEE all salary and benefit amounts accrued and owing under this Agreement.
C. Employer Termination/Severance. EMPLOYER may, with or without cause or prior notice, terminate this Agreement and EMPLOYEE’S employment with the City.
EMPLOYEE shall be provided a written notice setting forth the reasons for such termination. City shall tender EMPLOYEE all wages due and owing, as well as accrued and unused vacation for all hours worked as of EMPLOYEE’S last day of employment, in accordance with standard City practice, federal or state law and this Agreement.
In the event EMPLOYEE’S employment and this Agreement are terminated by the EMPLOYER during such time that EMPLOYEE is willing and able to perform the duties required under this Agreement, EMPLOYER agrees to pay EMPLOYEE a lump sum cash payment (“Severance”) equal to three (3) months’ aggregate salary, increasing by two (2) weeks per each calendar year of Employee’s service in the position of Chief of Police. The total Severance pay will not exceed six (6) months ’ aggregate salary in total. For the purpose of this SECTION V, the term “aggregate salary” is defined as the EMPLOYEE’S regular gross monthly salary on the date of termination , less all mandatory statutory withholdings.
Any Severance payable under this Agreement shall be contingent on EMPLOYEE’S signature on a release of all claims in a format satisfactory to the EMPLOYER and is subject to the restrictions of Government Code section 53260 which provides that the maximum cash payment that an employee may receive shall be an amount equal to the monthly salary of the employee multiplied by the number of months left on the unexpired term of the contract, not to exceed eighteen (18) months. Additionally, any cash settlement related to the termination of this Agreement received by EMPLOYEE from EMPLOYER shall be fully reimbursed to EMPLOYER if EMPLOYEE is convicted of a crime involving an abuse of office or position while employed by EMPLOYER, pursuant to Government ITEM 13
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4 Code section 53243.2. Any Severance shall be paid in the same manner as other employees unless otherwise agreed to by EMPLOYER and EMPLOYEE.
Notwithstanding the foregoing, in the event EMPLOYEE’S employment is terminated “for cause” EMPLOYER shall have no obligation to pay the Severance , nor any portion of it, but shall only be obligated to provide all wages due and owing to EMPLOYEE at the time of termination, including any accrued unused vacation , promptly in accord with standard City practice. For purposes of this Agreement, “cause” shall be defined as termination resulting from EMPLOYEE’S conduct which would constitute the basis for disciplinary action under Rule 13.2 of the City’s Personnel Rules, or any revised or successor rule.
In the event EMPLOYEE is terminated by Employer for misconduct which has been publicly disclosed and could stigmatize EMPLOYEE’S reputation for honesty or morality or impair EMPLOYEE’S ability to earn a living, EMPLOYEE may, within ten (10) calendar days, make a written request for a “name-clearing” hearing (as described in Lubey v. City and County of San Francisco (1979) 98 Cal.App.3d 340, and its progeny) before the City Council. Any such “name -clearing” hearing will be held solely to provide EMPLOYEE an opportunity to clear EMPLOYEE’S name. The City Council may determine whether the allegations in the notice of termination are supported. If the City Council determines that the allegations are not supported, a decision shall be issued to reflect that EMPLOYEE’S termination was without fault. Such a decision, however, will not require that EMPLOYEE be reinstated.
SECTION VI – FRINGE BENEFITS AND OTHER TERMS AND CONDITIONS
OF EMPLOYMENT
A. Term Life Insurance
1. EMPLOYEE shall receive an EMPLOYER paid term life insurance policy having a face policy value of Fifty Thousand Dollars ($50,000).
2. The EMPLOYER reserves the right to provide this life insurance through a self- insured plan or under a group insurance policy or policies issued by an insurance company or insurance companies selected by the EMPLOYER.
B. Health and Welfare Plan
1. EMPLOYEE must enroll in an available City medical plan unless he opts out.
In order to opt out, the EMPLOYEE must provide the following:
a. Proof that the EMPLOYEE and all individuals for whom EMPLOYEE intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the EMPLOYER’S plan year to which the opt out applies (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and ITEM 13
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5 b. EMPLOYEE must sign an attestation that EMPLOYEE and his/her tax family have or will have such minimum essential coverage for the opt out period. EMPLOYEE must provide the attestation every plan year at open enrollment.
2. The EMPLOYER shall contribute the following amounts toward the combined premiums for medical, dental and vision on a semi -monthly basis (24 pay periods). The EMPLOYER’S contribution shall not exceed the actual premiums, or the contribution amounts listed below, whichever is less.
EMPLOYEE shall be responsible for the balance of premiums, if any. a. $405 semi-monthly ($ 810 monthly) for EMPLOYEE enrolled EMPLOYEE-Only medical coverage.
b. $800 semi-monthly ($1,600 monthly) for EMPLOYEE enrolled in EMPLOYEE + 1 medical coverage.
c. $1,125 semi-monthly ($2,250 monthly) for EMPLOYEE
enrolled in EMPLOYEE + Family (more than one dependent) medical coverage.
3. The City shall pay one hundred percent (100%) of the dental and vision premiums for EMPLOYEE who waives medical coverage.
4. EMPLOYEE who waives medical coverage shall receive $100 semi-monthly ($200 monthly) taxable compensation.
5. The City shall continue a Section 125 program for pre-tax deductions for the EMPLOYEE share of medical, dental and vision insurance premiums.
6. Benefits shall stop at the end of the month when City employment is ended for any reason. All coverage, except as required to be offered or extended under federal and state law, shall end.
There is no responsibility on the part of the City to pay, either in money or premiums, any remaining City or EMPLOYEE obligations beyond the month of termination of EMPLOYEE’S employment.
Cash payment for medical waivers will be paid only through the end of the month in which EMPLOYEE’S employment terminated. Such payment will be included in EMPLOYEE’S final pay received from the City.
Any outstanding premiums required to continue benefits through the end of the month of EMPLOYEE’S termination of City employment will be withheld from the final pay received from the City.
The City retains the discretion to select the City plan(s) each year. In the event the City makes changes to the plan selection, EMPLOYEE will receive ITEM 13
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6 advance notice and an opportunity to discuss concerns regarding the changes.
C. Sick Leave & Sick Leave Conversion
1. Sick leave accumulation for EMPLOYEE shall be one day (8 hours) per month for 12 days per year (3.692 hours earned per pay period). Sick le ave accumulation is unlimited.
2. If EMPLOYEE has not taken more than 36 hours of sick leave during the twelve (12) month period beginning the first pay period in January and ending the second pay period in December of each year, EMPLOYEE shall be entitled to convert up to 24 hours of unused sick leave to pay or leave with pay (1:1 ratio), providing that at no time shall EMPLOYEE’S sick leave balance fall below 192 hours.
3. Accumulated sick leave shall be paid to EMPLOYEE at 50% of the accumulated balance upon retirement from City service at the EMPLOYEE’S current base hourly rate at time of retirement (Retirement Cash-Out Amount”). a. For the purpose of this section, the term “retirement” is defined, understood and intended to mean, EMPLOYEE’S separation from employment with the City at a time when the EMPLOYEE qualifies for pension benefits through the 1937 Act Retirement System, concurrent with the filing of an application by EMPLOYEE for retirement benefits and subsequent notification by the administrators of the 1937 Act Retirement System of approval of the application and the right of EMPLOYEE to commence receipt of current benefits from the retirement system. Discontinuance of paid work for the City under any circumstances other than define d herein, or election by EMPLOYEE for deferral of retirement payments, are not considered as “retirement” for eligibility to receive payment for a portion of any unused sick leave benefit as stated herein.
b. The City agrees to implement upon retirement a retiree health savings plan administered by a provider selected by the City.
c. Upon retirement, EMPLOYEE shall have the option of: 1) being paid all or any portion of the Retirement Cash-Out Amount; 2) contributing all or any portion of the Retirement Cash -Out Amount to a Retiree health Savings account; 3) contributing all or any portion of the Retirement Cash -Out Amount to deferred compensation account; or 4) any combination of the foregoing.
D. Vacation & Vacation Conversion
1. Vacation shall be accrued as follows:
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7 Years of
Continuous Service
Hours Earned Per Pay
Period
Annual
Accumulation
0-2 3.08 hours 10 days
3-10 4.62 hours 15 days
11-19 6.15 hours 20 days
20 Plus 1 additional day per year for
each year over 20 to a
maximum of 25 days per year
2. Maximum vacation accumulation shall be 480 hours. If EMPLOYEE reaches the 480 hours maximum vacation accumulation, he shall not accrue additional vacation hours. Accrual of vacation hours shall resume once the balance is reduced through time off.
3. Pay-out of accumulated vacation hours at separation of service shall be limited to 480 hours.
4. EMPLOYEE may convert per fiscal year up to forty (40) hours of vacation leave to be accrued in the coming fiscal year into cash, so long as the EMPLOYEE irrevocably elects to convert the amount of vacation leave at least twelve (12) months prior to the conversion. Payment will be at EMPLOYEE’S current hourly rate of pay (1:1 ratio).
E. Conversion of Leave to Deferred Compensation Account
1. EMPLOYEE shall be given the opportunity to convert forty (40) hours per fiscal year of a combination of sick and/or vacation leave to EMPLOYEE’S individual deferred compensation account.
F. Management Leave
1. EMPLOYEE is declared as exempt under Fair Labor Standards Act executive exemption guidelines.
2. EMPLOYEE shall receive fifteen (15) management leave days ( 120 hours of leave) per fiscal year, including the current fiscal year. Management leave must be used during the fiscal year in which it is earned and is not accumulative.
Carryover of unused management leave days into the subsequent fiscal year may be allowed only upon prior written approval of the City Manager. ///
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8 G. Holidays
EMPLOYEE shall receive such paid City holidays as are granted to the Mid- Managers’ Bargaining Group.
H. Bereavement Leave
1. EMPLOYEE shall be entitled to take up to five (5) scheduled work days of bereavement leave in the event of death of a family member as defined by the California Family Rights Act —which includes a parent, child, grandparent, grandchild, sibling, spouse, registered domestic partner, parent-in-law, or other “designated person” —as well as a sibling, parent or grandparent of EMPLOYEE’S spouse or registered domestic partner. EMPLOYEE shall be entitled to bereavement leave with pay as follows:
• EMPLOYEE shall be entitled to leave with pay for a maximum of five (5) scheduled workdays in the event of the death of the EMPLOYEE’S spouse, registered domestic partner or children.
• EMPLOYEE shall be entitled to leave with pay for a maximum of three (3) scheduled workdays, in the event of the death of the EMPLOYEE’S parents, siblings or grandchildren.
• EMPLOYEE shall be entitled to leave with pay for a maximum of one (1) scheduled workday in the event of the death of an EMPLOYEE’S brother or sister by marriage or domestic partnership, parents by marriage or domestic partnership, and grandparents of EMPLOYEE or by marriage or domestic partnership.
2. Additional bereavement time may be granted but paid from the EMPLOYEE’S accrued vacation or management leave time upon request from the EMPLOYEE and approval by the City Manager.
3. The EMPLOYER reserves the right to request proof of the death of the deceased and the EMPLOYEE’S relationship to the deceased.
I. Retirement System and Contribution
1. The EMPLOYER shall provide EMPLOYEE enhanced retirement benefits pursuant to the formula outlined in Government Code Section 31676.14 commonly known as “3% at 50.”
2. The EMPLOYEE shall pay 100% of the EMPLOYEE’S contribution into the 1937 Act Stanislaus County EMPLOYEE’S Retirement System . Said contribution shall be vested in the EMPLOYEE’S name as permitted under the rules and regulations of the Act.
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9 J. Professional Development
1. As an incentive for furthering individual , professional and managerial growth by EMPLOYEE, EMPLOYER will annually budget $900.00 for EMPLOYEE in the interest of promoting and supporting EMPLOYEE’S professional development. Independent of, supplemental to, and not to be used as a substitution for or in conjunction with other budgeted City funds for training or conferences, this benefit may be used to assist in the payment of expenses for EMPLOYEE to attend a national or international professional conference associated with or related to the EMPLOYEE’S profession and responsibilities with this City, enrollment in pertinent management training courses, enrollment in academic/educational classes or curriculum relative to City employment, and/or payment for applicable tuition, books, or reference resources.
Acquisition of computer hardware, computer software, or other technological equipment may be allowed, provided it is for EMPLOYEE’S individual use and benefit in the course of performing EMPLOYEE’S employment responsibilities and the purchase(s) remain the property of the City.
2. EMPLOYEE shall obtain the City Manager’s written approval of the intended use of said professional development funds prior to each encumbrance or expenditure. The annual allocation of funds for this purpose may be carried over into one (1) subsequent fiscal year. No portion of these monies shall be provided to the EMPLOYEE for cash purposes or as additional compensation.
K. Automobile Allowance
A vehicle will be provided to EMPLOYEE in lieu of a car allowance. The make and model will be approved by City Manager. Vehicle is to be utilized solely for work-related activities, except EMPLOYEE will be permitted to use the vehicle as transport to and from work and EMPLOYEE’S primary place of residence. It is not permissible to use the vehicle for personal use or to transport any non -city personnel. Use is subject to any applicable surcharges in accordance with any and all IRS vehicle use laws.
L. Educational Incentive
In order to promote highly trained and skilled professionals, the City is willing to provide educational incentive to those individuals who demonstrate their improved education level. Education must be from an accredited college. Should Employee obtain a Master’s degree, EMPLOYEE shall receive an additional pay incentive of twelve percent (12%).
SECTION VII - GENERAL PROVISIONS
1. Modification of Agreement . This Agreement may be supplemented, amended, or modified only by a writing signed by the City and EMPLOYEE and approved by a resolution of the City Council.
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10 2. Entire Agreement . This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties and supersedes all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.
3. Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any Section of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining sections of this Agreement shall not be affected.
4. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms , and that all former requirements necessary or required by state or federal law in order to enter into this Agreement ha ve been fully complied with. Further, by entering into this Agreement , neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
5. Headings. The headings in this Agreement are included for convenience only and neither affect the construction or interpretation of any Section in this Agreement nor affect any of the rights or obligations of the Parties to this Agreement.
6. Necessary Acts and Further Assurances . The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.
8. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
9. Counterparts. This Agreement may be executed in counterparts, and all so executed shall constitute an agreement which shall be binding upon the Parties hereto, notwithstanding that the signatures of all Parties and Parties’ designated representatives do not appear on the same page.
10. Venue. Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Stanislaus.
11. Attorney’s Fees and Costs . If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret Sections of this Agreement, the ITEM 13
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11 prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
SECTION VIII – EFFECTIVE DATE
This Employment Agreement shall be effective on .
[Signature Page to Follow]
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12 IN WITNESS WHEREOF, this Agreement has been entered into by and between EMPLOYEE and CITY as of the date of the Agreement set forth above.
Dated: Dated:
CITY OF CERES, EMPLOYER
By:
Douglas D. Dunford, City
Manager
Trenton Johnson, EMPLOYEE
APPROVED AS TO FORM: ATTEST:
Nubia Goldstein, City Attorney
Fallon Martin, City Clerk (Seal)
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