TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: ROGER BRADLEY, CITY MANAGER
DATE: AUGUST 22, 2023
SUBJECT: AMENDMENT TO RESOLUTION NO. 23-8155 REGARDING SEVERANCE
BENEFITS FOR EMPLOYEES IN CLASSIFICATIONS DESIGNATED AS
EXECUTIVE MANAGEMENT, MIDDLE MANAGEMENT AND
CONFIDENTIAL/EXEMPT
EXECUTIVE SUMMARY
The City Council will consider adopting a Resolution providing severance benefits to the City's executive classifications. These classifications include and are limited to the Chief of Police, Fire Chief, Assistant City Manager, Director of Community Development, Economic Development Director, Director of Public Works, Director of Parks and Recreation, Finance Director, Director of Human Resources, and the Executive Director of the Columbia Memorial Space Center/Library Director.
RECOMMENDATION
That the City Council:
Adopt Resolution No. 23-8190, a Resolution of the City Council of the City of Downey Amending Resolution No. 23-8155 Regarding Severance Benefits for Employees in Classifications Designated as Executive Management, Middle Management and Confidential/Exempt.
BACKGROUND
Resolution 23-8155 adopted by the City Council on February 28, 2023, establishes the pay and benefits for the City's Executive Management, Middle Management, and Confidential/Exempt employees. Presently, the only positions in the City with established severance pay provisions are those that report directly to the City Council and have severance included in their employment contracts. These positions include the City Manager, City Attorney, and City Clerk. Currently, five out of the City's ten survey agencies offer some form of severance benefits to other executive classifications in addition to those City positions that currently have these benefits. A severance agreement protects executives employed on an at -will basis in the event of termination without cause. The City's executives all work for the City in this at -will capacity and can have their employment terminated at any time and for any reason that is not forbidden by law. This item was previously brought before Council on November 10, 2022. At that time, the City Council informed staff to bring this item back for consideration at a later date.
AMENDMENT OF EXEC-MGMT, MID-MGMT, CONF/EXEMPT SALARY AND BENEFITS RESOLUTION AUGUST 22, 2023
PAGE 2
DISCUSSION
As part of the City Council's approval of the attached Resolution No. 23-8190 , Senate Bill (SB) 1436 requires local agencies to report out certain information before changing the compensation or benefits of their "executives". Under this law, legislative bodies for agencies must orally report a summary of the recommendation for changes in salaries or benefits before voting for the changes. The votes must be taken in the open session portion of the meeting.
This Resolution will amend Resolution No. 23-8155 by adding Section 17. Severance. Under this amendment, the classifications of Chief of Police and Fire Chief shall be eligible to receive a severance payment equal to the value of six (6) months of salary and medical benefits.
Additionally, the classifications of Assistant City Manager, Director of Community Development, Economic Development Director, Director of Public Works, Director of Parks and Recreation, Finance Director, Director of Human Resources, and Executive Director of the Columbia Memorial Space Center/Library Director shall be eligible to receive a severance payment equal to the value of three (3) months of salary and medical benefits.
Eligibity for severance pay shall be upon termination without cause from the City. Severance pay shall not be required if the termination of the employee was the result of: 1) willful misconduct; 2) conviction of a crime involving moral turpitude; 3) consistent poor performance in meeting specific objectives; or 4) voluntary separation by the employee. This section shall apply to only those employees in both regular and acting/interim appointments in the specified classifications who are terminated without cause from the City and who execute a waiver and release of all claims.
CITY COUNCIL PRIORITIES
Fiscal Responsibility
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENT
Attachment A: Resolution
0 RESOLUTION NO. 23-8190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING RESOLUTION NO. 23-8155REGARDING SEVERANCE BENEFITS FOR EMPLOYEES IN CLASSIFICATIONS DESIGNATED AS EXECUTIVE R0ANAGEMENT, MUDDLE MANAGEMENT AND CONFIDENTIAL/EXEMPT.
WHEREAS. under California State kavv Section 2704 of the Downey Municipal Code and Section 12 of the City of Downey Supplemental Employee Relations Rules and Regulations, the City Council in vested with the authority to designate o|onnUlnotiona on being Executive Management, Middle Management, and Confidential/Exempt; and, WHEREAS. the City Council desires to provideoomcompensation and benefits to its employees; and,
WHEREAS, the City Council has determined that bisappropriate to provide severance pay to certain classifications designated as Executive Management and Middle Management.
WHEREAS, the City Council hereby amends resolution 23-8155 as set forth herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Resolution No. 23-0155.shall buamended with the addition ofthe following Section 17. Severance:
SECTION 17. SEVERANCE
The City shall pay eligible designated employees serving in classifications established in this S8CUOO S8V8r8DC8 pay in GD amount 8Sspecified UpUO t8rDiO8bOO without cause from the City. G8V8n8DC8 pay Sh8|| not be required pU[SU8Dt to this S8CtiOO if the [8O0iOGtiOO of the 9Dlp|0y88 was the P8SU|t of: 1\ vvi||fu| rOiGCOOdUCt; 2) CODvi{ti0D of 8 C[iDle involving rO0[8| turpitude; 3\ COOSiStHDt pOO[ perfO008DC8 in [O88bOg specific Obi8CtiV0S; or 4) VO|UO1@ry separation bythe employee. The classifications ofChief ofPolice and Fire Chief shall receive a S9v8n8nC9 payment equal to the value of Six (0) months Of SG|2ry and rnediC8| benefits when separated in 8CC0rdGnC8 with this section. The C|GSSifiC8U0nS Of Assistant City M8n8g8r, Di[8CtO[ Of CO0O0UDitv [J0V8|Op0eDt' ECODO0iC []8V0|Op08DL Di[8CtO[. [)i[8CtOr Of Public VVO[kS, Finance Di[HC1O[' Director Of P8[hS and ReCr8@UOO. [)iP8CtO[ Of HUOD8O RHSOUFC8S, and Executive Director of the Columbia K88mOriG| 8pGC9 Center/Library Director Sh8|| receive G S8V8[8OC8 p8yOO8Ot 8qU8| to the V@|U8 of three (3) rDOOthS Of S8|8[y and 0HdiC8| benefits when S8p@n8t0d in 8CCOPd8DCH with this S8CtiDO. All p8ynO8DtS UOd8[ this section Sh3|| be paid as 8 lump Surn On the employees' final pGyCh9Ch in GCCOnd8nCe with the City established p8ynD|| schedule. This section ShG|| apply those ennp|0yHeS in both regular and acting appointments in the specified C|GSSifiC3UOOS who are terminated without C@USe from the City and who 8XeCui8 8 waiver and na|88se Of all claims. Nowev9r, on employee removed from on acting appointment in 8 specified classification who is returned to another classification to retain City employment Sh8|| not be eOdd8d LO SeVe[GOC8 pay in 8CCOrd8DC8 with this SeC1iOO. The City MGOGQ8[ ShG|| be authorized to execute settlement agreements with employees in accordance with this section.
SECTION 2. Resolution No. 23-8155, adopted February2M. 2023. is hereby amended with the adoption of this Resolution.
SECTION 3. The City Clerk shall certify tothe adoption ofthis Resolution and provide for
RESOLUTION NO. 23-8190
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APPROVED AND ADOPTED this 2211 day of August, 2023.
[01 91 Y-" I a aw IVA I : I M LVA n V on
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 22 nd day of August, 2023, by the following vote, to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
MARIA ALICIA DUARTE, CMC
City Clerk