RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FULLERTON, CALIFORNIA , RATIFYING A N EMPLOYMENT
AGREEMENT RETAINING RAUL GODINEZ AS INTERIM
DIRECTOR OF PUBLIC WORKS
WHEREAS, Government Code Section 21221(h) of the Public Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year.
WHEREAS, the City of Fullerton desires to appoint Raul Godinez as an interim appointment retired annuitant to the vacant position of Director of Public Works for the City of Fullerton under Government Code Section 21221(h), effective April 5 , 2023.
W
HEREAS, the Director of Public Works is the top executive level position in the Public Works Department and critical to the day-to-day operations as well as long term planning for the City’s Public Works Department.
WHEREAS, the City of Fullerton and Raul Godinez certify that Raul Godinez has not and will not receive a Golden Handshake or any other retirement-related incentive.
WHEREAS, an appointment under Government Code Section 21221(h) requires the retiree appointed into the interim appointment during recruitment for a permanent appointment.
W
HEREAS, the City has begun a recruitment process for a Director of Public Works but expects to take several months to complete.
W
HEREAS, Raul Godinez has expressed a desire to serve as an Interim Director of Public Works during the recruitment period.
W
HEREAS, Raul Godinez has the specialized skills to plan, direct, manage and oversee the functions, programs and operations of the Public Works Department given his training and background as a Director of Public Works and as a City Manager.
W
HEREAS, the City cannot compensate retirees less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties , divided by 173.333 to equal the hourly rate.
T
HE CITY COUNCIL OF THE CITY OF FULLERTON HEREBY RESOLVES AS FOLLOWS:
The City Council of the City of Fullerton does ratify the attached City of Fullerton Employment Agreement retaining Raul Godinez as Interim Director of Public Works.
ADOPTED BY THE CITY COUNCIL ON APRIL 4, 2023
Fred Jung, Mayor
ATTE
ST:
Lucinda Williams, MMC
City Clerk
Date
At
tachments:
• Attachment 1 - Godinez Employment Agreement
CITY OF FULLERTON
AGREEMENT RETAINING RAUL GODINEZ
AS INTERIM DIRECTOR OF PUBLIC WORKS
THIS INTERIM EMPLOYMENT AGREEMENT ("Agreement") is entered into by and between the City of Fullerton, a California municipal corporation, (the "City") and Raul Godinez, an individual, (hereinafter referred to as " Godinez") to be effective the 5th day of April 2023 ("Effective Date"). The City and Godinez are sometimes hereinafter individually referred to as "party" and are hereinafter collectively referred to as the "parties."
A. The City desires to retain and appoint on an interim basis Godinez as the Interim Director of Public Works of the City pending the City's selection of a permanent Director of Public Works following completion of the ongoing recruitment process.
B. Godinez, a retired CalPERS annuitant, desires to serve as the duly appointed Interim Director of Public Works of the City pending the City's selection of a permanent Director of Public Works following completion of the ongoing recruitment, and Godinez understands that he shall hold office at the pleasure of the City Manager. Godinez has approximately 30 years of experience in both the public and private sectors, including service as City Manager, Interim City Manager, and Director of Public Works for several local municipalities. Godinez has the knowledge and experience required to serve as the Interim Director of Public Works pursuant to this Agreement.
NOW, THEREFORE, the parties agree as follows:
1.0 Appointment
1.1 The City hereby retains and appoints Raul Godinez as Interim Director of Public Works of the City, and Godinez hereby accepts such employment and appointment with the City to perform the functions and duties of the Interim Director of Public Works as set forth in the Class Specification for Director of Public Works. This interim appointment is subject at all times to the terms and conditions of this Agreement and to perform other permissible and proper duties and functions consistent with the position of the Director of Public Works as the City Manager may from time to time assign. However, the appointment shall not exceed Godinez working more than 960 hours in a fiscal year (July 1 – June 30).
1.2 Godinez hereby agrees to perform fully and faithfully the functions and duties of the Director of Public Works , as the duly appointed Interim Director of Public Works, as specified above and in accordance with the terms and conditions set forth herein.
City of Fullerton
Employment Agreement – Raul Godinez
2.0 Term of Agreement
The term of this Agreement shall commence on the Effective Date set forth above and shall continue in full force and effect for a period of up to 24 months, unless sooner terminated with or without cause or notice by the City Manager, or by Godinez with fourteen (14) calendar days' advanced written notice to the City Manager provided in accordance with Section 10.2 of this Agreement.
3.0 Compensation
3.1 Godinez shall maintain time records in the City's timekeeping system for the services rendered pursuant to this Agreement.
3.2 Godinez will receive compensation at the rate of $103.25 per hour for all hours worked pursuant to this Agreement, minus any applicable payroll taxes required by state and federal law, payable in accordance with the City's established protocols and procedures used for City employees. Godinez shall not be entitled to any additional compensation or any severance pay upon termination of this Agreement.
3.3 Subject to Section 4.0, Godinez is entitled to receive compensation for hours worked, which includes all time spent on City related business, regardless of when or where performed and includes travel to and from business related meetings. Godinez may not invoice the City for travel to and from home to the City, or work unrelated to his work for the City, whether personal or professional, even if performed while at the City and during regular business hours of the City.
3.4 Godinez shall not be entitled to receive any benefits of employment provided to City's regular full- time or management employees, including, but not limited to, group health or medical benefits, life insurance, and vacation and other leave accruals. Godinez specifically acknowledges that his employment by the City under this Agreement is intended to be temporary and of limited duration, and that he will not be entitled to be a member of or accrue benefits under the California Public Employees Retirement System (CalPERS).
4.0 Hours of Work
The parties hereby expressly understand and agree that Godinez's hours will not exceed 960 hours in a fiscal year in accordance with California Government Code section 21221. Godinez shall be responsible for ensuring that he does not exceed the 960 hour per fiscal year limit. The City shall regularly audit Godinez 's hours to ensure compliance with Government Code section 21221. Godinez is expected to work approximately 30 hours a week, including attendance at City Council meetings as needed.
City of Fullerton
Employment Agreement – Raul Godinez
5.0 General Expenses
Godinez is not entitled to receive reimbursement for general expenses incurred, nor shall he be expected to incur such expenses, in the performance of his duties pursuant to this Agreement. Notwithstanding the foregoing, if Godinez incurs an extraordinary expense related to the performance of his obligations pursuant to this Agreement and wishes to seek reimbursement from the City for such expense incurred, he shall do so by submitting a request for reimbursement to the Director of Human Resources for approval. Any such request must be accompanied by a brief description of the expense and copies of receipts substantiating the expense.
6.0 Indemnification
City shall defend, hold harmless and indemnify Godinez against any tort, professional liability claim or demand or other legal action arising out of any alleged act or omission occurring within the scope of his employment as the Interim Director of Public Works in accordance with the provisions of California Government Code section 825. At its sole discretion, City may compromise, settle, assign legal counsel, determine litigation strategy, or pay judgment rendered in any such claim or suit.
Godinez shall cooperate fully in the investigation and defense of any such liability claim, demand, or legal action.
Godinez acknowledges and agrees that City's agreement to defend, hold harmless and indemnify Godinez does not constitute an agreement to pay any punitive damages awarded against Godinez in any such liability claim, demand or legal action. In that regard, Godinez acknowledges and agrees that per subdivision (b) of Government Code section 825, 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.
7.0 Other Terms and Conditions
The City Manager, in consultation with Godinez, shall fix any such other terms and conditions, as it may determine from time to time, relating to the performance of Godinez, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, or any other applicable law.
8.0 Compliance with Law
Godinez shall comply with all applicable laws, ordinances, codes, and City of Fullerton
Employment Agreement – Raul Godinez
regulations of federal, state, and local government in the performance of the duties and obligations that are the subject of this Agreement.
9.0 Governing Law and Venue
This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California.
Any legal action arising under or related to this Agreement shall be brought and prosecuted in the Orange County Superior Court.
10.0 General Provisions
10.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both parties hereto, or their respective successors, assigns, or grantees. To the extent that other oral or written agreements exist or City Personnel Rules may apply to the relationship between City and Interim Director of Public Works, this Agreement supersedes all others.
10.2 Any notices requited by this Agreement shall be either given in person or mailed by first class mail with the postage prepaid and addressed as follows:
IF TO CITY: 303 W. Commonwealth Ave.
Fullerton, CA 92832
Attention: Director of Human Resources
IF TO INTERIM Raul Godinez
DIRECTOR OF (Address on file with HR Department)
PULIC WORKS
10.3 If any provision, or any portion thereof, contained in this Agreement is held to be invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severed, shall not be affected and shall remain in full force and effect.
10.4 The provisions of this Agreement are subject to CalPERS rules and regulations regarding the employment of CalPERS retirees. Any provision, or any portion thereof, determined by CalPERS to be inconsistent with such rules and regulations shall deemed struck from this Agreement and shall not affect the validity or enforceability of any other provision of this Agreement.
10.5 Any modification of this Agreement shall be effective only if it is in writing and signed by the parties.
City of Fullerton
Employment Agreement – Raul Godinez
10.6 City shall bear the full cost of any fidelity or other bonds, or insurance policies in lieu thereof, required of the Interim Director of Public Works under any law or ordinance.
10.7 The foregoing recitals are true and correct and are incorporated herein by reference.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.
CITY OF FULLERTON
Eric Levitt, City Manager
ATTEST:
Lucinda Williams, MMC
City Clerk
APPROVED AS TO FORM:
Richard D. Jones
City Attorney
RAUL GODINEZ