CITY OF FULLERTON
FIRE CHIEF
EMPLOYMENT AGREEMENT
This Employment Agreement ("Agreement'') is made and entered into this 3rd day of May, 2022 by and between the City of Fullerton, a California municipal corporation (hereafter referred to as "City''), and Adam Loeser (hereafter referred to as "Loeser'').
RECITALS
WHEREAS, Loeser was employed by the City of Fullerton from March 4 , 2002 through December 28, 2018, including more than five years as a Chief Officer; and
WHEREAS, the Cities of Fullerton and Brea entered into a pilot program for shared fire command services and then entered into a formal Shared Command Agreement in 2014; and
WHEREAS, Loeser was appointed as the Fire Chief under the Shared Command Agreement, resigning from the City of Fullerton on December 28, 2018 and subsequently accepting employment with the City of Brea; and
WHEREAS, the City of Brea has provided notice to Fullerton that they wish t o terminate the Shared Command Agreement; and
WHEREAS, the Cities of Fullerton and Brea have agreed to a termination date of June 30, 2022; and
WHEREAS, the City desires to retain the services of Loeser as the Fullerton Fire Chief, to serve at the direction of the City Manager (hereafter r eferred t o as "City Manager''); and
WHEREAS, Loeser desires to perform the services of the Fire Chief; and
WHEREAS, the City desires to provide certain benefits, establish certain conditions of employment, and set certain working conditions of the Fire Chief; and
WHEREAS, the City and Loeser desire to enter into this agreement to specify the terms and conditions of Loeser’s employment with the City; and
WHEREAS, certain recommended terms and conditions of Loeser’s agreement fall outside the parameters of Resolution No. 2022- 003, Relating to Compensation for Executive Employees (hereinafter referred to as “Executive Compensation Resolution” ), which specifies the terms and conditions of employment that are within the City Manager’s authority.
2 NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions herein, the parties agree as follows:
1. Duties
The City agrees to employ Loeser as Fire Chief beginning May 14, 2022 to perform the functions and duties of the Fire Chief as set forth in the Class Specification for Fire Chief, attached hereto as Exhibit “A” and incorporated herein by this reference, and to per form other permissible and proper duties and functions consistent with the position of Fire Chief as the City Manager may from time to time assign.
The parties agree that Loeser shall remain the Fire Chief for both the Cities of Fullerton and Brea under the Shared Command Agreement until the mutually agreed-upon date of termination, June 30, 2022.
2. Term and Conditions
A. This Agreement supplements all ordinances, resolutions, policies, rules, regulations, procedures, and benefits (“City Rules”) which apply to Executive employees, which shall also apply to Loeser, including, but not limited to, Executive Compensation Resolution as it currently exists or may hereafter be amended or superseded or as modified herein.
B. Pursuant to and consistent with the Executive Compensation Resolution and Resolution No. 8485, Municipal Code Sections 2.33.010 and 2.33.020 (attached) shall not apply to Loeser with respect to the City’s disciplinary and appeals procedures. Loeser serves at the pleasure of the City Manager and may be discharged without cause provided that he is given six months’ written notice. As an alternative to such notice, Loeser shall receive a lump sum cash payment equal to six months of his then-current base salary and the City shall pay for the first six months of COBRA coverage under the City sponsored medical, dental or vision plan in which Loeser and his dependents are covered at the time of his separation.
This requirement shall not apply if Loeser is discharged for cause, which may include but is not limited to discharge due to acts of moral turpitude or conviction of a felony.
C. If Loeser voluntarily retires or resigns, he shall give the City ninety (90) calendar days written notice in advance, unless the parties otherwise agree in writing.
D. Pursuant to Government Code section 53243.2, any cash settlement Loeser may receive related to the termination of this Agreement, including, but not limited to a severance payment and the cost of COBRA payments, shall be fully reimbursed to the City if Loeser is convicted of a crime involving “an abuse of office or position,’ as that term is defined in Government Code section 53243.4.
3 3. Work Schedule
Loeser will work a standard work schedule . The precise daily schedule is subject to determination by the City Manager based on the City's business needs.
4. Salary
City agrees to compensate Loeser for services rendered, no less than $214,77 4 per year (approximately $103.242 per hour).
5. CalPERS
Loeser shall be enrolled in the City of Fullerton’s CalPERS plan for Fire Safety employees with the benefit formula determined by the City’s contract with CalPERS.
The City’s contribution and Loeser’s contribution towards CalPERS shall be made in accordance with the Executive Compensation Resolution or any successor resolutions.
6. Retiree Medical
Loeser shall be eligible for a City contribution to health insurance after retirement from the City pursuant to the provisions in the Executive Compensation Resolution applicable to employees hired on or before September 1, 2017.
Pursuant to the authority provided in the Executive Compensation Resolution, the City Manager also authorizes the $750 annual medical exam benefit provided in Section 18 B of the Executive Compensation Resolution, to be converted into a City contribution to Loeser ’s retiree health savings account in the amount of $28.85 per pay period.
7. Seniority
Upon Loeser’s hire date as the City’s Fire Chief, Loeser’s seniority shall be based on his original Fullerton hire date of March 4, 2002 and will be considered as having been continuously employed by the City of Fullerton since March 4, 2002. Any calculation of Fullerton seniority shall have no bearing on retire ment benefits under CalPERS.
For purposes of CalPERS retirement benefits, Loeser shall receive benefits in accordance with the respective contracts between the Cities of Fullerton and Brea and CalPERS, in accordance with CalPERS statutes and regulations.
8. Vacation Accrual
Upon Loeser’s hire date as the City’s Fire Chief, Loeser shall accrue vacation time at the rate of a 20-year employee, 168 hours per year. An initial bank of 150 hours will be established for use by Loeser. Thereafter, Loeser’s accrual rate will follow the 4 Executive Compensation Resolution in effect at the time of completing each year of service. Loeser’s accrual rate will be based on a Fullerton hire date of March 4, 2002.
9. Sick Leave
Loeser shall accrue sick leave at the rate of 3.69 hours per pay period. An initial bank of 250 hours will be established for use by Loeser. The 250 hours in the initial bank shall have no cash value or CalPERS service credit value for Loeser.
10. Executive Leave
Loeser will accrue Executive Leave at the rate of 81 hours per year in accordance with the Executive Compensation Resolution. An initial bank of 40 hours will be established for use by Loeser.
11. Vehicle Use and Uniform Allowance
This section is written to be consistent with Chief Loeser’s agreement. I aligned uniform allowance with Fire Management.
A. Vehicle Use. City agrees to provide Loeser with a City vehicle and necessary service, fuel, equipment, and maintenance. Loeser is authorized by the City to use the City vehicle for personal use to and from home and on- call purposes only in his official capacity as Fire Chief. In exchange therefor, Loeser agrees:
1. To operate City vehicle at all times in accordance with the laws of the State of California or other applicable jurisdictions within the United States.
2. To not drive or allow the City vehicle to be driven outside the jurisdiction of the United States.
3. Not to operate City vehicle while under the influence of alcohol or any controlled substance.
4. To fuel the vehicle with appropriate fuel dispensed from City fueling stations or purchased in accordance with City purchasing rules and policies.
5. To not allow any person other than a current employee of the City of Fullerton to operate City vehicle.
6. To reasonably maintain the exterior and interior condition of City vehicle and to immediately report all service and mechanical repair needs to the Public Works Fleet Division.
7. To not use or allow the use of tobacco products, e-cigarettes, or vapor devices inside City vehicle.
5 8. To notify the local police agency and request a report of any accident involving or damage incurred by City vehicle, except that, in the case of an accident within the City of Fullerton, an outside police agency shall be contacted to investigate the accident.
9. To complete a City of Fullerton Incident Report form and provide it to the City Manager within 24 hours of any accident involving City vehicle.
10. City and Loeser believe the authorized personal use to and from home is not subject to taxation. In the event of changes in the law or application of the law, any resultant tax liabilities shall be the sole responsibility of Loeser.
B. Uniform Allowance. Loeser shall receive uniform allowance in the same amount as provided to employees represented by the Fullerton Fire Management Association (currently $27.70 per pay period).
12. Other Benefits
Except as noted in this provision, Loeser shall be entitled to other benefits as provided to Executive employees within the Executive Compensation Resolution including, but not limited to, participation in City sponsored health plans and City contributions toward coverage in such plans, and paid holidays.
13. No Reduction in Benefits
City shall not at any time during the term of this agreement reduce the base salary, compensation, or other financial benefits of Loeser except on the same basis as may be applicable to all executive management employees of the City. This may be done notwithstanding the provisions of Section 4 above.
14. Indemnification
In accordance with the provisions of California Government Code Sections 995 and 995.2 as they currently exist or may hereafter be amended, City shall defend and indemnify Loeser, using legal counsel of City’s choosing, against any civil action or proceeding brought against Loeser, in his official or individual capacity or both, on account of an act or omission in the scope of his employment as Fire Chief, unless such act or omission was due to actual fraud, corruption, or actual malice. In the event the City determines there is a conflict of interest between the Parties and Loeser and independent counsel is required for Loeser’s defense, City shall select and pay the reasonable fees of such independent counsel for Loeser’s defense. Loeser shall cooperate fully in the investigation and defense of any civil action or proceeding.
Loeser acknowledges and agrees that City reserves its rights pursuant to Government Code Section 825(a) not to pay any judgment, compromise, or settlement until it is 6 established that the injury arose out of an act or omission occurring within the scope of his employment, and that City’s agreement to defend and indemnify him does not constitute an agreement to pay any punitive damages awarded against him. In that regard, Loeser acknowledges and agrees that pursuant to Government Code Section 825(b), City may not make a determination whether or not to indemnify an employee for an award of punitive damages until such time as the award is made.
15. Other Terms and Conditions of Employment
The City Manager, in consultation with Loeser , shall establish any other terms and conditions of employment as he/she may determine from time to time, relating to the performance of Loeser, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Fullerton Municipal Code, any ordinance or resolution of the City, or other applicable laws, rules or regulations for payout of the cash value of accrued vacation leave at the time of separation.
16. Notices
Any notice required or permitted by t his Agreement shall be in writing and shall be personally served or be sufficiently given when served upon the other party as sent by the United States Postal Service, postage prepaid and addressed as follows:
To City: To Loeser:
City Manager Adam Loeser
City of Fullerton Address on file with Human Resources 303 W. Commonwealth Ave
Fullerton, CA 92832-1775
17. General Provisions
A. Integration. This Agreement sets forth the final, complete, and exclusive agreement between City and Loeser relating to the employment of Loeser by City.
Any prior discussions or representations by or between the parties are merged into this Agreement or are otherwise rendered null and void. The Parties by mutual written agreement may amend any provision of this Agreement. Such amendments shall be incorporated and made a part of this Agreement. The foregoing notwithstanding, Loeser acknowledges that, except as expressly provided in this Agreement, his employmen t is subject to City's generally applicable rules and policies pertaining to employment matters, such as those addressing equal employment opportunity, sexual harassment, and violence in the workplace, as they currently or may in the future exist, and his employment is, and will continue to be, at the will of the City Council.
B. Binding Effect. This Agreement shall be binding on the City and Loeser as well as their heirs, assigns, executors, personal representatives, and successors in interest.
7 C. Choice of Law. This Agreement shall be interpreted and construed pursuant to and in accordance with the laws of the State of California and all applicable City Ordinances, Policies and Resolutions.
D. Severability. If any prov ision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect.
If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances.
E. Conflict with Municipal Code. The City personnel ordinances, resolutions, rules, and policies shall apply to Loeser in the same manner as applied to other management employees, provided, however, in the event of a conflict between the provisions of this Agreement and the Municipal Code, the City Municipal Code shall prevail over this Agreement.
F. Loeser's Independent Review. Loeser acknowledges that he has had the opportunity and has conducted an independent review of the financial and legal effects of this Agreement. Loeser acknowledges that he has made an independent judgment upon the financial and legal effects of this Agreement and has not relied upon any representation of City, its officers, agents, or employees other than those expressly set forth in this Agreement. Loeser acknowledges that he has been advised to obtain, and has availed himself of, legal advice with respect to the terms and provisions of this Agreement.
IN WITNESS WHEREOF, the City has caused this Agreement to be signed and duly executed on its behalf by its City Manager, and Loeser has signed and executed this Agreement, the date and year first written above.
By: ____________________________ Date: ______________________ Jeff Collier, Acting City Manager
By: ____________________________ Date: ______________________ Adam Loeser
Approved as to Form:
8 __ __
Richard D. Jones, City Attorney
Dated: __
Attest:
_____________________________
Lucinda Williams, City Clerk
Dated: _____________________
City of Fullerton Class Specification
December 2004
FIRE CHIEF
Definition:
U
nder general administrative direction is responsible for all ac tivities of the Fire Department, which is charged with the enforcement of laws and regulations pertaining to the Fire Code and the provision of around -the-clock assistance designed to save lives and protect property and performs related work as required.
Essential Duties and Responsibilities:
The r
esponsibilities and essential duties performed on a frequent and recurring basis by the Fire Chief include the following:
P
lans, organizes, directs and manages all activities of the Fire Department to include fire suppression and prevention, disaster preparedness and the paramedic program
D
evelops and coordinates the City’s disaster plan and assists the City Manager in implementing the plan during emergencies.
C
oordinates Fire Department activities with those of other departments and other fire agencies as needed.
A
dvises the City Manager, City Council, and other City department s/divisions on issues pertaining to the fire service.
R
epresents the City in fire service/Fire Department issues before a variety of groups, the public and other agencies.
D
evelops, recommends, administers , interprets and enforces Fire Department policies and procedures and assists in the development and administration of the City’s fire service policies and regulations.
S
elects and is responsible for the training, supervision and evaluation of all departmental staff.
D
irects and participates in the preparation of a variety of studies, reports, contracts, agreements, agenda l etters, correspondence, resolutions and ordinances.
M
akes Fire Department budget recommendations and administers the expenditure of funds.
For
mulates, recommends and implements departmental goals and develops workload indicators to measure progress towards goals achievement.
Exhibit A
Fire Chief
Makes applicable recommendations for the capital improvement program and for the purchase of materials, equipment and supplies.
Seeks, develops and makes recommendations on alternative sources of funding as appropriate.
Develops and evaluates special programs.
Reviews and analyzes a variety of materials, records, contracts, reports and other data and makes recommendation for change as needed.
Makes oral and written presentations.
May respond to and take command of operations at major fires and other emergencies.
Attends a variety of meetings and civic functions and represents the City.
Operates a personal computer and uses applicable software.
Drives a vehicle on City business.
May act as Director of Emergency Services when the Emergency Operations Center is activated, in the absence of the City Manager and may act as an Emergency Operations Section Head depending on the nature of the incident.
Other Duties and Responsibilities:
Performs other projects/tasks as assigned.
Lifts and moves equipment and other items weighing 50 pounds or less.
During emergency situations, performs sustained activity requiring good physical condition.
Class Characteristics:
Fire Chief is a single incumbent sworn department head class and is a member of the City’s executive team. The Fire Chief is appointed by and reports to the City Manager and has broad responsibility for the safe, effective and efficient administration of all department activities.
Contacts and Relationships:
The Fire Chief supervises division managers and professional/administrative support staff and through them all Fire Department employees. The Fire Chief establishes and maintains contact with and has continuing interaction with a variety of City staff to include City Council Members, the City Manager and City department heads. Additional contact will occur with civic groups and representatives of other public and private agencies.
Contact with the public will occur during emergency situations and during some work assignments.
Fire Chief
Qualification Guidelines:
The knowledge and abilities which are required to perform the duties and responsibilities of this class are as follows:
Knowledge of:
Municipal government and Fire Department organization, administration and operations.
Principles, practices and equipment used in contemporary fire fighting, fire prevention, paramedic and disaster preparedness programs.
Leadership and management theory and practices, effective supervisory techniques and public sector labor relations.
Municipal budget administration, capital improvement programs a nd revenue sources related to area assigned.
Laws, codes, rules and procedures which apply to the fire service, procedures involved in the enforcement of same and related legal issues.
Goal-setting methods and the design of workload and performance indicators.
Negotiating and conflict resolution techniques.
Public relations and customer service techniques.
Effective methods of making oral and written presentations.
Computer applications related to the department assigned.
AND
Ability to:
Provide leadership for the City's Fire Department staff and programs.
Formulate and administer effective fire suppression and prevention programs, paramedic and disaster preparedness programs.
Analyze problems and recommend and implement effective solutions.
Select, train, motivate, supervise and evaluate staff.
Initiate and carry out required procedural assignments and use independent judgment and initiative.
Meet with citizen groups and organiz ations, analyze and resolve complaints and make recommendations on requests for service.
Fire Chief
Work within, in terpret and apply applicable laws, City and department rules and regulations.
Establish and maintain effective relationships with those contacted in the course of work.
Resolve conflict situations in a fair and amicable manner.
Think clearly, logically and rationally under pressure, adhere to multiple deadlines and handle multiple projects.
Communicate effectively orally and in writing.
Prepare clear and comprehensive reports and make effective presentations.
Operate a personal computer and use applicable software.
Meet the public with courtesy and tact.
A typical way to obtain the knowledge and abilities is as follows:
Education:
Bachelors Degree in Fire Science, Management, Business Administration, Public Administration or a related field from an accredited college or university.
AND
Experience:
Eight years of recent, continuous, progressively responsible experience in the fire service, including some suppression experience, three years of experience at the mid - management/ supervisory level, in an organization comparable to Fullerton in terms of the scope of activity.
Special Requirements Include:
Valid and appropriate California Drivers License and acceptable driving record at time of appointment and throughout employment in this position.
Must be able to work flexible and extended hours to accommodate City needs.
The City of Fullerton’s Conflict of Interest Code requires that the Fire Chief file financial disclosure statements in accordance with state and local laws.
Other:
A graduate degree or some completed graduate level coursework in Management, Business Administration, Public Administration or a related field from an accredited college or university is preferred but not required.
Fire Chief
Physical Tasks and Working Conditions Include the Following:
Work is normally performed in an office environment with outdoor/on-site work as needed when responding to major incidents/emergencies. When responding to major incidents/ emergencies there may be full exposure to the elements. In the office the incumbent uses a computer, keyboard and related equipment, sits, stands, walks, twists, grasps, reaches and bends, and may climb stairs and lift and move equipment and other items weighing 30 pounds or less. The incumbent drives a vehicle on City business and when on-site, may walk and stand on slippery/uneven surfaces. During the course of some major incidents/ emergencies the incum bent may perform sustained physical activity, walk and run on inclines, be exposed to blood, communicable diseases, extreme noise, grease/oil, a variety of fumes, smoke, solvents and chemicals, electrical hazards, wet or damp conditions, vehicular traffic and a hot, and toxic atmosphere close to flames. The incumbent may assist in the rescue of injured persons from hazardous areas, conduct searches and use an air bottle and breathing apparatus weighing 50 pounds or less. The incumbent must be able to meet the physical requirements of the class and have mobility, balance, coordination, vision, hearing and dexterity levels appropriate to the duties to be performed.
Fair Labor Standards Act Designation: Exempt – Executive.
Revised December 2004
Revised August 1995
Fullerton, CA Municipal Code
2.33.010 Personnel system established.
A personnel system is established for the selection, employment, advancement, discipline and compensation of all appointive officers and employees. This system shall be implemented under conditions of competitive merit, political neutrality and equal opportunity, pursuant to rules adopted by resolution of the City Council and regulations adopted by the City Manager. (Ord. 2836 (part), 1993: Ord. 1509 § 1 (part), 1967).
2.33.020 Applicability.
The personnel system shall apply to all employees, as defined by resolution, in all departments, and shall be consistent with Chapter 2.09. (Ord. 2836 (part), 1993: Ord. 1509 § 1 (part), 1967).
Chapter 2.33 PERSONNEL SYSTEM xx
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Exhibit B