Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: JAMES MCQUEEN, DIRECTOR OF HUMAN RESOURCES
DATE: DECEMBER 10, 2024
SUBJECT: AMENDED AND RESTATED EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF DOWNEY AND ROGER BRADLEY
EXECUTIVE SUMMARY
The City Council will consider adopting a Resolution amending and restating the employment agreement with Roger Bradley as the City Manager.
RECOMMENDATION
That the City Council:
Adopt Resolution No. 24-8286, approving an Amended and Restated Employment Agreement between the City Of Downey and Roger Bradley.
BACKGROUND
On February 14, 2023, the City Council approved the current employment agreement between the City and Mr. Bradley. This employment agreement outlines the terms and conditions of employment between the City and Mr. Bradley as the City Manager. Since the adoption of the current agreement, Mr. Bradley has not received an increase in compensation or benefits.
DISCUSSION
As part of the City Council’s approval of the attached Resolution, 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 a 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.
Mr. Bradley was hired by the City on March 14, 2023 and has not received a compensation or benefit increase since that time. During this time period, the City’s other executive staff have received a total of 8% cost of living salary increases with another 4%
AMENDED AND RESTATED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF
DOWNEY AND ROGER BRADLEY
DECEMBER 10, 2024
PAGE 2
2 increase scheduled for March of 2025. Following the recent completion of Mr. Bradley’s annual performance evaluation, the City Council directed staff to amend the current employment agreement as follows:
• Salary- Increase current salary of $287,456.00 to $319,807.20 to establish and maintain salary 5% above the highest paid subordinate.
• Auto Allowance- Eliminate the current contribution of $300 per month by replacing it with a provision allowing employee personal use of a City provided vehicle. • Severance- Increase the current severance amount of 6 months to 9 months with a provision increasing it by one additional month per year of service up to a maximum of 12 months.
All other terms and conditions of employment are to remain the same as adopted in the original agreement.
CITY COUNCIL PRIORITIES
Fiscal Responsibility
FISCAL IMPACT
Approval of the amended and restated employment agreement will result in an expenditure of approximately $31,845 for the remainder of Fiscal Year 24-25 from the General Fund 10-4-1210. There is sufficient fund balance for the recommended actions.
ATTACHMENT
Attachment A: Resolution
Attachment B: Employment Agreement
RESOLUTION NO. 24-8286
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING AN AMENDED AND RESTATED EMPLOYMENT
AGREEMENT BETWEEN THE CITY OF DOWNEY AND ROGER
BRADLEY
WHEREAS, the City Council of the City of Downey desires to amend and restate the employment agreement between the City of Downey and Roger Bradley; and,
WHEREAS, the entire amended and restated employment agreement between Roger Bradley and the City of Downey has been reviewed by this body.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The amended and restated employment agreement between the City of Downey and Roger Bradley, a copy of which is attached to the December 10, 2024, staff report as Exhibit B, is hereby approved. The City Attorney is authorized to make further amendments to the agreement to make technical corrections and comply with applicable laws.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 10th day of December 2024.
MARIO TRUJILLO, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
APPROVED AS TO FORM:
JOHN M. FUNK
City Attorney
RESOLUTION NO. 24-
PAGE 2
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 10th day of December, 2024, by the following vote, to wit:
AYES: Council Members:
NOES: Council Member:
ABSENT: Council Member:
ABSTAIN: Council Member:
MARIA ALICIA DUARTE, CMC
City Clerk
Attachment B
AMENDED AND RESTATED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF
DOWNEY AND ROGER BRADLEY
THIS amended and restated AGREEMENT is made and entered into as of this 10th day of December 2024, by and between the CITY OF DOWNEY, a charter city and municipal corporation (hereinafter “City”), and ROGER BRADLEY (hereinafter “Employee”), both of whom understand as follows:
R E C I T A L S
A. Employee has been continuously employed by the City as the City Manager since March 14, 2023 under an Employment Agreement approved by the City Council on February 14, 2023.
B. The City Council desires to:
(1) Encourage the highest standards of fidelity and public service on the part of Employee; and
(2) Provide a just means for terminating Employee's services at such time as he may be unable fully to discharge their duties, or when City may desire otherwise to terminate their employment.
C. City and Employee wish to enter into an amended and restated Employment Agreement that sets forth the rights and obligations of the parties and that will supersede all prior negotiations, discussions, or agreements concerning the terms and conditions of Employee’s employment.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained the parties agree as follows:
1. Duties. City agrees to employ Employee as City Manager of City to perform the functions and duties specified in City's Charter, and Municipal Code and the Government Code of the State of California, and to perform such other legally permissible and proper duties and functions as the City Council may from time to time assign. Employee shall not consult or engage in other non-City connected business or employment (aside from community volunteer activities) without the prior knowledge and express approval of the City Council.
2 2. Term. Employee commenced service as City Manager on March 14, 2023 and shall continue through March 14, 2028, unless terminated as provided in Section 3 herein.
Any extension beyond March 14, 2028 requires a formal, written amendment to this agreement.
In the event that the City Council does not want to renew the term of the agreement, the City shall inform City Manager, in writing, no less than 90 days prior to the end of the term.
3. Termination and Resignation.
A. Employee’s employment with the City is on an at-will basis.
Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate, by a majority vote of the City Council, the services of Employee without cause, at any time, subject only to the City providing written notice to Employee, and complying with the Downey Charter and Downey Municipal Code. Specifically, City may terminate this agreement for any reason by submitting thirty (30) days' written notice to the Employee stating the Council's intention to terminate this Agreement and remove him as City Manager and the reasons therefor. City shall comply with the requirements of Section 607 of the Downey City Charter and the Downey Municipal Code. The time periods specified in Section 607 and Municipal Code Section 2208 shall be deemed to run concurrently with the thirty (30) days' notice provision of this section. Notwithstanding the foregoing, notice of termination shall not be given during or within a period of ninety (90) days succeeding any general municipal election held in the City at which a member of the City Council is elected.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign from their position, subject only to Employee providing thirty (45) days prior written notice to the City. Employee’s resignation shall be deemed accepted upon delivery of a written resignation to the Mayor, or if the Mayor is unavailable, the Mayor Pro Tem.
C. Notwithstanding the provisions of Paragraph A of this Section 3, in the event Employee is terminated by City for “cause,” then City may terminate this Agreement and Employee shall be entitled to only the compensation accrued up to the date of termination.
As used in this section, “cause” shall mean any of the following:
(1) Conviction of any felony.
3 (2) Conviction of a misdemeanor arising directly out of the City Manager's duties pursuant to this Agreement involving a willful and intentional violation of law.
(3) Conviction of any crime involving moral turpitude.
(4) Removal from office by the Grand Jury.
(5) Willful abandonment of duties.
(6) A pattern of repeated, willful and intentional failure to carry out clear, unambiguous, materially significant and legally constituted policy decisions of the City Council made by the City Council as a body.
(7) Any other action or inaction by Employee that materially and substantially impedes or disrupts the performance of Employer or its organizational units, is detrimental to employee safety or public safety, or violates properly
established rules or procedures.
D. In the event Employee is terminated by the City Council at any time that Employee is still willing and able to perform the duties of City Manager, and the termination is without cause as “cause” is defined in Paragraph C above, then, subject to the limitations set forth in the Downey Charter Section 607 and Government Code Section 53260, and upon delivery to the City of an executed Separation Agreement and release of all claims in a form acceptable to the City within 30 days of the termination, the City shall pay Employee a lump sum cash payment of nine (9) month’s base salary and medical insurance premium only.
Employee shall accrue an additional one (1) month of severance payment for each additional year of service after the execution of this agreement up to a maximum of twelve (12) months.
Employee agrees that in the event of his voluntary resignation from his position with the City, he is not entitled to the severance payment specified herein.
The word “termination” in this paragraph shall include a reduction in salary (other than an across-the-board reduction applicable to all senior level employees) or other financial benefits of Employee or Employee's resignation, if preceded by a formal request by a majority of the membership of the City Council that they resign.
4 E. Effect of Payment of Severance/Release.
(1) It is understood and agreed by the parties hereto that Employee is employed at will, and that upon the City’s full payment of severance benefits to Employee, any right of Employee to continued employment with City is terminated and Employee releases and discharges City and its officers, agents and employees from any claim, demand, or cause of action or damages for wrongful termination. (2) This Section does not otherwise affect, waive, nor release any other rights Employee may have under this Agreement, or applicable law. (3) This Section will survive termination of the Agreement.
4. Revolving Door.
Employee must comply with Government Code § 87406.3 for a period of one year after separating from service with City. This section will survive termination of this Agreement.
5. Compensation.
Effective upon the start of the pay period which includes the date of Council approval of this Agreement, the City agrees to pay Employee for the services required by this Agreement a base annual salary of $319,807.20 payable in installments at the same time as other employees of the City are paid. It is the intention of the City to maintain a 5% pay differential between the Employee and the next highest paid City employee. The City may increase said base salary and/or any other benefits of Employee in such amounts and to such an extent as City Council may determine that it is desirable to do so on the basis of an annual salary and performance review of Employee.
The City shall provide an automobile for Employee’s exclusive and unrestricted use during his employment with the City. The City shall select the automobile to be provided from the City’s existing fleet. The City shall be responsible for paying the liability, property damage, and comprehensive insurance for the purchase, operation, maintenance, repair, and regular replacement of said automobile.
City will provide a city issued cellular telephone for transaction of City business.
City shall make monthly contributions on behalf of Employee to a qualified employer sponsored retirement plan in an amount equivalent to $10,000 per year.
5 All other benefits, other than compensation which is set out in this Section 5, will be equivalent to those provided to the City’s Executive Management employees as established by resolution of the City Council.
6. Hours of Work.
Employee shall generally work when City Hall is open for business as determined by the City Council. In addition, Employee's duties may involve expenditures of time in excess of forty (40) hours per week, and will also include time outside normal office hours such as attendance at City Council and other meetings. Employee shall be exempt from paid overtime compensation and from Fair Labor Standard Act work hours restrictions and may modify their schedule within reason to adjust for attendance at meetings at night and during other times outside of ordinary business hours. It is recognized that Employee must devote a great deal of his time outside normal office hours to do business of the City, and to that end, Employee will be allowed to take compensatory time off as he shall deem appropriate during said normal office hours.
7. Leaves, Vacation and Holidays.
Employee shall be entitled to all leave, vacation and holiday benefits provided to the City’s Executive Management employees as established by resolution of the City Council.
8. Life Insurance.
The City shall provide the employee with a life insurance policy in an amount equal to that provided to the City’s Executive Management employees as established by resolution of the City Council.
9. Health Insurance.
The City shall provide the employee with health insurance in an amount equal to that provided to the City’s Executive Management employees as established by resolution of the City Council.
10. Retirement.
6 Employee will be entitled to retirement benefits through the California Public Employees’ Retirement System in an amount equal to the City’s Executive Management employees as established by resolution of the City Council.
11. Long-Term Disability Insurance.
Employee will be entitled to long term disability benefits through the California Public Employees’ Retirement System in an amount equal to the City’s Executive Management employees as established by resolution of the City Council.
12. Other Insurance.
City shall provide and pay for all other insurance mandated by State law.
13. Professional Development.
City agrees to budget for and pay travel and subsistence expenses of Employee for professional travel, official travel, meetings necessary to pursue official and other functions for the City and to continue professional development of Employee, to the extent deemed reasonable by the City Council.
14. Memberships.
City agrees to pay Employee's membership dues in the International City Management Association (“ICMA”), California League of Cities, California City Managers Foundation and other similar organizations to which City is a member, at City expense with prior City approval. Employee shall have a reasonable right to attend meetings of such organizations.
15. General Expenses.
City recognizes that certain extraordinary expenses of a nonpersonal and job affiliated nature may be incurred by Employee. City agrees to reimburse Employee for reasonable expenses which are submitted to the City within thirty (30) days for approval and which are supported by expense receipts, statements or personal affidavits, and an audit thereof in like manner as other demands against the City.
16. Evaluation of Performance.
The City Council shall annually review and provide Employee with an evaluation of his performance based on criteria established by the Council with Employee’s assistance. The reviews are expected annually based on the employees hire date, or at any other time requested by Employee. Notwithstanding the foregoing, the City Council may evaluate Employee at any time.
7 17. Other Terms and Conditions of Employment.
The City Council may from time to time fix other terms and conditions of employment relating to the performance of Employee provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Municipal Code, or other applicable law.
18. Assembly Bill 1344 Compliance.
To the extent city provides: (i) paid leave to Employee pending an investigation; (ii) funds for the legal criminal defense of the Employee; and/or (iii) a cash settlement to Employee related to the termination of the Employee pursuant to Section 3 of this Agreement and Government Code Section 53243 et seq., Employee shall fully reimburse the City for any and all amounts paid by the City which fall within subsections (i) through (iii) of this section in the event that the Employee is convicted of a crime involving the abuse of office or position.
19. General Provisions.
A. The text herein shall constitute the entire agreement between the parties. No representations have been made or relied upon except as set forth herein. This Agreement may be amended or modified only by a written, fully executed agreement of the Parties.
B. If Employee dies or becomes incapacitated during the term of this Agreement, any accrued and unpaid wages provided by the terms of this Agreement shall be paid by City to Employee’s spouse or if no spouse, to Employee’s dependents.
C. If any provision or portion hereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable the remainder of this Agreement or portion thereof shall be deemed severable and shall not be affected and shall remain in full force and effect.
D. City agrees to defend and indemnify Employee in accordance with the California Government Code. This Section will survive termination of the Agreement.
E. City shall bear the cost of any fidelity or other bonds required of Employee under any law or ordinance.
F. This Agreement may be changed or amended by the mutual written consent of City and Employee. Any benefits to Employee under this Agreement may be
8 increased or added to by motion of the City Council without formal amendment to this Agreement.
G. Employee is expected to conform to the ICMA Code of Ethics and must comply with all applicable provisions of the City’s conflict of interest code.
H. This Agreement shall be construed in accordance with the laws of the State of California and the parties agree that venue shall be in the state court in the County of Los Angeles, California.
IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first above written.
EMPLOYEE
ROGER BRADLEY
CITY OF DOWNEY
By:
MARIO TRUJILLO, MAYOR
ATTEST:
MARIA ALICIA DUARTE, CMC City Clerk
APPROVED AS TO FORM:
JOHN M. FUNK, City Attorney