1 Agenda
City Council Special Meeting
City Council Chambers | Folsom City Hall
50 Natoma Street, Folsom CA 95630
November 22, 2024, 8:00 AM
Welcome to Your City Council Meeting
We welcome your interest and involvement in the city’s legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city website and in the Office of the City Clerk. The City Clerk is also available to answer any questions you have about City Council meeting procedures.
Participation
If you would like to provide comments to the City Council, please:
Fill out a blue speaker request form, located at the back table. Submit the form to the City Clerk before the item begins. When it’s your turn, the City Clerk will call your name and invite you to the podium. Speakers generally have three minutes, unless th e presiding officer (usually the mayor) changes that time.
Reasonable Accommodations
In compliance with the Americans with Disabilities Act, if you are a person with a disability and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (916) 461-6035, (916) 355-7328 (fax) or [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.
More information about City Council meetings is available at the end of this agenda
2 City Council Special Meeting
City Council Chambers | Folsom City Hall
50 Natoma Street, Folsom CA 95630
www.folsom.ca.us
Friday, November 22, 2024 8:00 AM
Mike Kozlowski, Mayor
Sarah Aquino, Vice Mayor YK Chalamcherla, Councilmember Rosario Rodriguez, Councilmember Anna Rohrbough, Councilmember
AGENDA
CALL TO ORDER
ROLL CALL:
Councilmembers: Aquino, Chalamcherla, Rodriguez, Rohrbough, Kozlowski NEW BUSINESS:
1. Resolution No. 11300 - A Resolution Appointing Dan Haverty as Interim City Manager and Approving an Employment Agreement for Said Appointment
ADJOURNMENT TO CLOSED SESSION FOR THE FOLLOWING PURPOSES:
2. Public Employee Appointment – Recruitment to Fill the Position of City Manager Following Retirement Announcement of Current City Manager Pursuant to Government Code section 54957(b)(1)
RECONVENE
Announcement of Final Action, If Any
ADJOURNMENT
NOTICE: Members of the public are entitled to directly address the City Council concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address Council on an issue, which is on this agenda, please complete a blue speaker request card, and deliver it to a staff member at the table on the left side of the Council Chambers prior to discussion of the item. When your name is called, stand to be recognized by the Mayor and then proceed to the podium. If you wish to address the City Council on any other item of interest to the public, when the Mayor asks if there is any “Business from the Floor,” follow the same procedure described above. Please limit your comments to three minutes or less.
3 NOTICE REGARDING CHALLENGES TO DECISIONS: Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.
As presiding officer, the Mayor has the authority to preserve order at all City Council meetings, to remove or cause the removal of any person from any such meeting for disorderly conduct, or for making personal, impertinent, or slanderous remarks, using profanity, or becoming boisterous, threatening or personally abusive while addressing said Council, and to enforce the rules of the Council.
PERSONS INTERESTED IN PROPOSING AN ITEM FOR THE CITY COUNCIL AGENDA S HOULD CONTACT A MEMBER OF THE CITY COUNCIL.
In compliance with the Americans with Disabilities Act, if you are a person with a disability and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (916) 461-6035, (916) 355-7328 (fax) or [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.
Any documents produced by the City and distributed to the City Council regarding any item on this agenda will be made availab le at the City Clerk’s Counter at City Hall located at 50 Natoma Street, Folsom, California and at the Folsom Public Library located at 411 Stafford Street, Folsom, California during normal business hours.
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Folsom City Council
Staff Re ort
ATION / CITY CO ACTION
Staff recommends that the City Council pass and adopt Resolution No. 11300 to appoint Dan Haverty as Interim City Manager and approve an Employment Agreement that establishes the terms and conditions of the appointment, including salary and benefits.
BACKGROUND / ISSUE
Folsom City Manager Elaine Andersen has announced her retirement, and her last day working for the City will be December 15, 2024. During its Closed Session meeting on November 7,2024,the City Council decided to appoint Dan Haverty as Interim City Manager. Dr. Haverty's Employment Agreement is being brought before the City Council for review and approval.
POLICY / RULE
Section 3.01 of the Folsom City Charter provides that the City Council shall appoint a City Manager through the mechanism of an employment agreement to serve as the City's chief executive and administrative officer at the pleasure of the Council.
ANALYSIS
Dr. Haverty holds a Masters Degree from California State University Sacramento in Public Agency Communication and a Masters and Doctorate in Public Administration from the 1 MEETING DATE: rU2212024
AGENDA SECTION: New Business
SUBJECT: Resolution No. 11300 - A Resolution Appointing Dan Haverty as Interim City Manager and Approving an Employment
Agreement for Said Appointment
FROM: City Attorney's Office
11/22/2024 Item No. 1.
University of Southern California. He served as Fire Chief of the Folsom Fire Department from2007 to 2010. After retiring from City service, Dr. Haverty served as Interim Fire Chief with the Lodi Fire Department from 2011 to z\l2,Interim Fire Chief with the Sacramento Fire Department from 2013 to 2014, and Interim Fire Chief with the Folsom Fire Department from20I6 to 2017. He last served as Interim Fire Chief for the Sacramento Metropolitan Fire District from2022 to 2023. Dr. Haverty is a fourth generation Sacramentan and currently serves as a Roman Catholic Deacon at Holy Trinity Parish in El Dorado Hills. He and his wife, Terri, recently celebrated their 50th wedding anniversary.
Dan is excited to return to the City of Folsom to serve its citizenry, visitors, and the women and men of the City's team of professional public servants.
Dr. Haverty's appointment shall be effective from December 1,2024 until March 37,2025 or the date when the permanent City Manager selected by the City Council assumes that office, whichever first occurs. It should be noted that Government Code Section 20480 places a limit on the length of time a person may serve as an interim appointee for a vacant position, which is 960 hours per fiscal year. If the City exceeds this time limit, a penalty may be due to CaIPERS in the amount of three times the difference between the Interim City Manager salary and the salary that would have been received in the regular position.
Dr. Haverty's compensation will be $140.00 per hour without any benefits customary with City employment such as leave benefits, medical and dental insurance, and retirement contributions.
The terms and conditions of Dr. Haverty's appointment as Interim City Manager are provided in the Employment Agreement attached to this Staff Report.
ORAL REPORT REQUIRED
Government Code Section54953(c)(3) requires the City Council to orally report in open session a summary of the salary, salary schedules, and compensation in form of fringe benefits for local agency executives, before the City Council may take final action on such compensation. The position of Interim City Manager is a "local agency executive" for whom r.t"h utt oral report is required. Before taking action on this item, the following script should be read by the City Clerk:
Oral Report
"In accordance with Government Code Section 5a953(c)(3), a summory of the Interim City Manager's salary and benefits is reported as follows:
The salaryfor the temporary assignment of Interim City Manager will be 5140 per hour.
The Interim City Manager will not receive any other benefits customary with City employment.
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11/22/2024 Item No. 1.
FINANCIAL IMPACT
Compensation for the City Manager is already budgeted in the FY 2024-2025 City budget.
ENVIRONMENTAL REVIEW
The appointment of an Interim City Manager is not a project subject to the California Environmental Quality Act. No environmental review is required.
ATTACHMENT
1. Resolution No. 1 1300 - A Resolution Appointing Dan Haverty as Interim City Manager and Approving an Employment Agreement for Said Appointment Respectfully submitted,
Steven Wang, City Attorney
a
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11/22/2024 Item No. 1.
RESOLUTION NO. 11300
A RESOLUTION APPOINTING DAN HAVERTY AS INTERIM CITY MANAGER
AND APPROVING AN EMPLOYMENT AGREEMENT FOR SAID APPOINTMENT WHEREAS, the City Council of the City of Folsom desires to make a temporary appointment to the position of Interim City Manager while searching and selecting the City's next City Manager; and
WHEREAS, the City Council desires to appoint Dan Haverty as the Interim City Manager for the City of Folsom; and
WHEREAS, the City Council desires to set the salary and terms and conditions of employment for the Interim City Manager in an Employment Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Folsom as follows:
SECTION L. Dan Haverty is hereby appointed to the position of Interim City Manager effective December I,2024, at an hourly rate of $140.00.
SECTION 2. All other terms and conditions of employment for the position of Interim City Manager shall be as provided for in the Employment Agreement.
SECTION 3. The Employment Agreement for the Interim City Manager, attached hereto as Exhibit A, is hereby approved.
SECTION 4. The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions, and all relevant City staff shall take appropriate actions necessary to effectuate this Resolution.
PASSED AND ADOPTED this 22"d day of November, 2024 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST
Resolution No. 11300
Page I of2
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
Michael D. Kozlowski, MAYOR
11/22/2024 Item No. 1.
Christa Freemantle, CITY CLERK
List of Exhibit:
Exhibit A - Employment Agreement for the Interim City Manager Resolution No. 11300
11/22/2024 Item No. 1.
CITY OF FOLSOM
EMPLOYMENT AGREEMENT
FOR THE
INTERIM CITY MANAGER
THIS AGREEMENT, the effective date of which shall be December 1,2024, is by and between the City of Folsom, State of California, a municipal corporation, hereinafter referred to as "Employer," and Dan Haverty, hereinafter called "Employee."
RECITALS
WHEREAS, the City is in the process of recruiting for a new City Manager and desires to hire a qualified person for a limited duration to serve as the Interim City Manager during the recruitment period, and potentially for a brief transition period once the new City Manager is hired; and
WHEREAS, pursuant to the provisions of the Folsom City Charter and Chapter 2.08 of the Folsom Municipal Code, the City Council has determined that Employee shall be the Interim City Manager of the City of Folsom; and
WHEREAS, Employee is a retired PERS annuitant and a former Fire Chief who is qualified to serve in the role of Interim City Manager; and WHEREAS, the City Council has determined the rate of compensation for this temporary employment as outlined in this Agreement; and
WHEREAS, it is the desire of the City Council to secure and retain the services of Employee to serve as the Interim City Manager on an interim and temporary basis; and WHEREAS, Employee desires to accept temporary employment with the City of Folsom in the position specified above.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows:
Section 1". Duties
Employer hereby agrees to employ Employee as the Interim City Manager to perform such legally permissible and proper duties and functions as prescribed by the City Charter and the Folsom Municipal Code, or as the City Council may designate andlor assign. t
11/22/2024 Item No. 1.
Section 2. Term, Termination and Resignation
A. This Agreement is temporary and short-term, commencing December 1,2024, while the recruitment process is undertaken for the new City Manager. This Agreement shall expire as of the first of the following to occur: (1) upon the employment announcement date of a permanent City Manager selected by the City Council; (2) upon termination of the Agreement by either Employee of City as provided in subsection C below; or (3) on March 3I,2025.
B. Employee understands and agrees that the maximum number of hours Employee may work under, and during the term of, this Agreement shall not exceed a total of 960 hours.
Notwithstanding any provisions to the contrary, there is no guarantee or promise of employment for any specified period of time.
C. Notwithstanding any provisions to the contrary, the City Council shall have the exclusive and sole right and discretion to terminate the services of Employee at any time, with or without cause. Employee may resign at any time from his position with Employer subject to providing thirty (30) days advance written notice to Employer.
D. In the event Employee is convicted of a crime that involves abuse of his position or office as defined in Government Code section 53243.4, Employee must fully reimburse the Employer for specified funds pursuant to Government Code section 53243, et seq., as set forth below:
1. If Employee is placed on paid administrative leave pending an investigation by the City of any potential abuse of his position, Employee shall be required to fully reimburse the City the cost of the paid administrative leave if he is convicted of a crime involving an abuse of his position.
2. Notwithstanding any other provisions of this Agreement, if Employee has been provided legal criminal defense counsel regarding a charge involving the abuse of his position, Employee must fully reimburse the Employer for the cost of that counsel if Employee is convicted of a crime involving an abuse of his position.
3. Notwithstanding any other provisions of this Agreement, if this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the Employer shall be fully reimbursed if Employee is convicted of a crime involving an abuse of his position.
Section 3. Compensation
A. Employee's compensation on the effective date of this Agreement shall be $140.00 per hour, payable at the same time as other hourly employees of the Employer are paid.
Employee's compensation is neither less than the minimum nor more than the maximum for the City Manager's position as listed on the Employer's publicly available pay schedule. Employee is not receiving any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay tate.
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11/22/2024 Item No. 1.
B. Employee shall keep track of hours worked on a daily basis, and submit to the Finance Department for payment on or prior to the time specified by the Finance Department for payroll processing for hourly employees. Employee shall be responsible for payment of all taxes.
C. Employee is solely responsible for complying with the requirements of the California Public Employees' Pension Reform Act by tracking all hours worked during the term of this Agreement, with an express understanding that Employee may not work in excess of 960 hours within a CaIPERS fiscal year (July 1 to June 30). Employee understands and agrees that no payment will be made for any hour worked in excess of 960 hours during the term of this Agreement.
D. In the event Employee is providing services to any other CaIPERS public agency employer during the term of this Agreement, Employee must notiff the City's Human Resources Department of such employment and disclose on a periodic basis (at a frequency determined by the City) the number of hours Employee is performing for that other public agency to ensure that the maximum number of hours is not exceeded.
E. Employee represents that he has not worked any hours as a retired annuitant for a CaIPERS employer in the current fiscal year (July 1,2024 to June 30,2025) and will immediately notifu the City if he works any hours for another CaIPERS employer. Consistent with current Government Code provisions, the City shall not provide any benefits, leave time or compensation in lieu of benefits. Employee represents that he has not received any unemployment insurance payments for prior retired annuitant work for any CaIPERS employer within twelve months of the effective date of this Agreement. Employee represents that more than 180 days have passed since his date of bona fide CaIPERS retirement.
Section 4. Benefits
A. Employee shall not be entitled to receive any benefit under this Agreement, except for liability and workers' compensation insurance related to incidents occurring during the course and scope of Employee's performance for the City of Folsom.
B. Employee specifically and expressly waives any rights he may have to unemployment benefits following the cessation of the services provided in this Agreement.
Section 5. Official Travel and Professional Development Employer shall pay the reasonable travel and subsistence, registration and incidental expenses of Employee incurred for official travel, meetings, and events. The payment for such expenses shall be subject to the prior written request of Employee and written approval of the City Attorney.
Section 6. Defense and Indemnification
To the extent required by the state law, Employer shall defend, hold harmless and indemnifu Employee 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 Employee's duties for the positions specified in this Agreement. Employer may, J
11/22/2024 Item No. 1.
in its sole discretion, compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon when, in the judgment of Employer such is the most advisable course of action, but in any event, will defend and indemnifu Employee. This provision shall survive any termination or resignation of the Employee or expiration of this Agreement. This paragraph is not intended to provide any rights in excess of those rights provided by state law.
Section 7. Notices
A. Notices pursuant to this Agreement shall be given by first class mail addressed as follows:
1. EMPLOYER: City Manager
City of Folsom
50 Natoma Street
Folsom, California 95630
2. EMPLOYEE: Dan Haverty
B. Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice.
C. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the U.S. Postal Service.
Section 8. General Provision
A. The text hereof shall constitute the entire Agreement between the parties and shall supersede any and all prior agreements between the parties. No subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties unless reduced to writing and signed by the Mayor of the City as the authorized representative of the Employer.
B. This Agreement shall be binding on and inure to the benefit of the heirs at law and executors of Employee.
C. If any provision or any portion of the Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement shall not be affected and shall remain in full force and effect.
D. The Agreement shall become effective as of the date specified above when executed by both parties.
E. This Agreement shall be interpreted according to the laws ofthe State of California.
Venue for any action or proceeding regarding this Agreement shall be in the Sacramento County Superior Court.
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11/22/2024 Item No. 1.
IN WITNESS WHEREOF, The Mayor of the City of Folsom, California, pursuant to authority granted to him by the City Charter and Folsom Municipal Code, hereby signs this Agreement on behalf of the City of Folsom, as Employer, and Dan Haverty, as Employee, hereby signs this Agreement, both parties agreeing to the terms and provisions set forth herein.
APPROVED AND AUTHORIZED I
Date
Michael D. Kozlowski, Mayor
For the City of Folsom - Employer
ACCEPTED AND AGREED TO:
Date:
Dan Haverty
Interim City Manager - Employee
ATTEST:
Christa Freemantle
City Clerk
APPROVED AS TO FORM:
Steven Wang
City Attorney
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11/22/2024 Item No. 1.