RESO
LUTION NO. 2023-XXX
A RE
SOLUTION OF THE CITY COUNCIL OF THE CITY OF
FULLERTON, CALIFORNIA , APPROVING AN
AGREEMENT RETAINING JONATHAN RADUS AS
INTERIM CHIEF OF POLICE
WHEREAS, the position of Chief of Police for the City of Fullerton will become vacant at 12:0
0 AM on September 24, 2023 due to the resignation of Chief of Police Robert Dunn.
WHEREAS, the Chief of Police is the top executive level position in the Fullerton
Police Department and critical to the day-t o-day operations as well as long term planning for the Department.
WHEREAS, City Council has decided to appoint Police Captain Jonathan Radus as Interim Chief of Police.
WHEREAS,
Captain Radus has expressed a desire to serve as Interim Chief of Police for a period of up to one year during which City Council will review options for filling the position on a permanent basis .
WHEREAS,
Captain Radus has the knowledge and experience to serve as I
nterim Chief of Police.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS FOLLOWS:
1. City Council approves the attached employment agreement retaining Captain
Radus as Interim Chief of Police.
ADOPTED BY THE FUL LERTON CITY CO UNCIL ON SEPTEMBER 19, 2023.
Fred Jung
Mayor
ATTE
ST:
Lucinda Williams, MMC
City Clerk
Attachments:
• A ttachment 1 - Employment Agreement
INTERIM CHIEF OF POLICE
EMPLOYMENT AGREEMENT
JONATHAN RADUS
This Interim Chief of Police Employment Agreement (hereinafter “Agreement”) is made and entered into on this, 19th day of September 2023, by and between and CITY OF FULLERTON (hereinafter “City”) and JONATHAN RADUS, (hereinafter “Employee”).
WHEREAS, the City desires to employ the services of Employee as Interim Chief of Police of the City of Fullerton; and
WHEREAS, the City desires to provide certain benefits, establish certain conditions of employment, and to set working conditions of said Employee; and
WHEREAS, the City desires to (1) secure and retain the services of Employee and to provide inducement for him to remain in such employ ment, and (2) to make possible full work productivity by assuring Employee’s morale and peace of mind with respect to future security; and
WHEREAS, Employee has served the City of Fullerton as a Police Captain since March 20, 2021;
WHEREAS, Employee accepts the offer of employment as Interim Chief of Police authorized by the City Council on September 19, 2023.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows:
SECTION 1 – TERM OF EMPLOYMENT
The City hereby agrees to employ Employee as Interim Chief of Police for a term that shall begin on September 25, 2023 at 12:01 AM (hereinafter “ Interim Contract Commencement Date”) and shall end on or before September 25, 2024 unless and until extended by written amendment to this Agreement authorized by City Council (hereinafter “Interim Contract End Date”) . Either party may terminate this Agreement in accordance with the provisions and requirements of Sections 7 and 8 herein.
SECTION 2 – DUTIES AND AUTHORITY
City agrees to employ Employee as Interim Chief of Police to exercise the powers and authority and to perform the functions and duties of Chief of Police specified in the Fullerton Municipal Code and all relevant resolutions, rules, regulations, procedures , applicable job description(s) and state codes, as they currently or may in the future exist.
Employee shall exercise such power and authority and perform such other functions and duties, not inconsistent with this Agreement, as City, by its City Council, may legally assign.
Interim Chief of Police Employment Agreement
Jonathan Radus
2 SECTION 3 – SALARY AND BENEFITS
A. Effective the Interim Contract Commencement Date, Employee shall be paid an annualized base salary rate of $212,205 ($102.022 per hour) , payable in equal installments through the normal payroll process established by the City. Effective March 16, 2024, the Employee’s annualized base salary rate shall be increased to $222,815 ($107.123 per hour).
B. Except as otherwise indicated in this Agreement, Employee shall maintain all benefits affo rded to members of the Fullerton Police Management Association (FPMA), including Education Incentive Pay, Longevity Pay, and Bilingual Pay.
C. In the event that any across -the-board salary increase be provided to Police Captains during the term of this Agreement, the City agrees that the same across - the-board salary increase shall be provided to Employee.
D. Executive Leave. In lieu of Management Leave provided to members of the FPMA, Employee shall be entitled to 81 hours of paid Executive Leave per fiscal year. Such leave shall not accrue from year to year. Unused Executive Leave shall be lost at the end of each fiscal year, and shall not be converted to any other form of compensation. Any hours of Management Leave currently in Employee’s account as of the Interim Contract Commencement Date shall be converted to Executive Leave, and City shall provide additional Executive Leave hours as are required to have a beginning balance of 81 hours.
E. Vacation. Employee may accumulate credit up to 360 hours. Employee is encouraged to use at least 80 hours of vacation leave per year. If Employee is at his maximum accrual and unable to take vacation leave, 80 hours shall be converted to cash. In addition, Employee shall be permitted to convert up to 80 hours to cash each payroll year in accordance with the City’s annual leave conversion program.
SECTION 4 – NO REDUCTION OF BENEFITS
The City shall not reduce the salary, compensation or other financial benefits of Employee, except to the degree of such an across -the-board reduction for all members of the Fullerton Police Management Association.
SECTION 5 – VEHICLE USE, UNIFORM ALLOWANCE AND SERVICE WEAPON
A. Vehicle Use. City agrees to provide Employee a City vehicle and necessary service, fuel, equipment and maintenance. Employee 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 Police Chief. In exchange therefore, Employee agrees:
1. To operate the 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 of America.
Interim Chief of Police Employment Agreement
Jonathan Radus
3 3. To fuel the vehicle with appropriate fuel dispensed from City fueling stations or purchased in accordance with City purchasing rules and policies.
4. To not operate the City vehicle while under the influence of alcohol or any controlled substances.
5. To not allow any person other than a current employee of the City of Fullerton to operate the City vehicle.
6. To reasonably maintain the exterior and interior condition of the 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 the City vehicles.
8. To notify the local police agency and request a report of any accident involving or damage incurred by the 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 incident involving the City vehicle.
10. City and Employee 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 Employee.
B. Uniform Allowanc e. The City shall pay Employee the amount of $31.60 per pay period for the purchase and maintenance of uniforms.
C. Duty Weapon. Employee shall be issued a duty weapon per the policy of the Fullerton Police Department.
SECTION 6 – GENERAL BUSINESS EXPENSES
A. City recognizes that Employee may incur expenses of a non- personal, job related nature that are reasonably necessary to Employee’s service as Chief of Police. City agrees to either pay such expenses in advance or to reimburse the expenses, s o long as the expenses are incurred and submitted according to City’s regular reimbursement requirements or such other procedure as may be designated by the City Council. To be eligible for reimbursement, all expenses must be supported by documentation mee ting City’s normal requirements and must be submitted within time limits established by City.
B. City agrees to budget and pay for professional dues, membership and subscriptions necessary for Employee ’s participation in such organizations as the City Manager and Employee may agree to as necessary and appropriate.
Interim Chief of Police Employment Agreement
Jonathan Radus
4 C. City agrees to budget and to reimburse or pay for reasonable costs for attendance and participation in meetings, institutes, training programs, conferences, conventions and similar gatherings that support leadership development and the advancement of Parties’ mutually agreed upon goals, and which are related to Employee’s duties or City’s operations and held in the continental United States. For purposes of this paragraph, reasonable expens es are limited to the reasonable and actual cost of registration, coach-class airfare (where applicable), ground transportation and meals.
Reasonable expenses will also include the reasonable and actual cost of lodging for meetings greater than 60 miles outside the City of Fullerton boundaries.
E. The expenses to be budgeted and paid in Section 6 , Paragraphs A, B, and C above, are exclusive of reasonable expenses related to events, participation in organizations, or attendance at events or meetings on behalf of the City as required by the City Manager. City will separately budget and pay for membership and participation in community, civic or other organizations or events in which City requires Employee to participate.
SECTION 7 – SUPERVISION
Employee is appointed by, and serves at the pleasure of, the City Council. The City and Employee agree that City Council has, through this Agreement, delegated authority for supervision and management of Employee, including discipline and dismissal to the City Manager. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City to terminate this Agreement and the employment of Employee at any time, with or without Cause (as defined in Section 8 below).
SECTION 8 – TERMINATION OF AGREEMENT
A. In the event the City terminates this Agreement without cause, Employee shall be given at least thirty (30) days written notice prior to the effective date of the termination. The parties agree that this notice requirement is met herein for termination of the Agreement upon the Interim Contract End Date. Upon the effective date of the termination, the Employee shall return to his previous classification of Police Captain. Upon his return, he shall be assigned to the appropriate step of the salary range based on his combined service as a Police Captain and Interim Chief of Police and provided Education Incentive Pay, Longevity Pay, and Bilingual Pay then in effect for the classification and shall be entitled to all terms and conditions of employment available to employees in the classification of the Police Captain as set forth in the memorandum of agreement between the City of Fullerton and the FPMA then in effect. Employee shall retain all accrued leave balances upon his return to the position of Police Captain, with the exception of Executive Leave. Time served as Interim Chief of Police shall be included in all service time calculations for Police Captain.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign from his employment with City, subject only to Employee providing forty-five (45) calendar days’ prior written notice to City of the effective date of his resignation, unless the parties agree otherwise. Upon the effective date of resignation, Employee forfeits all compensation and benefits owing for the remainder of the term of this Agreement. The City acknowledges that Employee shall be Interim Chief of Police Employment Agreement
Jonathan Radus
5 eligible for payout of the cash value of accrued vacation leave at the time of separation at the base hourly rate then in effect for Employee.
C. Government Code Section 3304(c) Rights. The City and Employee agree that Municipal Code Sections 2.33.010 and 2.33.020 shall not apply to Employee with respect to the City’s disciplinary and appeals procedures. In accordance with the rights Employee has under Government Code Section 3304(c), prior to action to terminate this Agreement, whether with or without c ause, Employee shall be provided written notice of the proposed action and the reason or reasons for removal from this appointment and in addition, shall be provided the right to an administrative appeal before an independent hearing officer appointed by the City Manager. Such hearing officer, after being presented the information and documentation deemed important by Employee, shall make an advisory recommendation on the matter to the City Manager or City Council.
SECTION 9 – EMPLOYEE'S OBLIGATIONS AND HOURS OF WORK
Employee shall devote his full professional energies, interest, abilities and productive time to the performance of this Agreement and utilize his best efforts to promote City’s interests. Employee’s duties may involve expenditures of time in excess of the regularly established workday or in excess of a forty (40) hour workweek and may also include time outside normal office hours (including attendance at City Council meetings and various community meetings, forums or workshops). Employee's base salary includes compensation for all hours worked. Employee shall be classified as an exempt employee for purposes the Fair Labor Standards Act and shall not be entitled to any form of compensation for overtime. In recognition of the significant time Employee will need to devote outside normal office hours to business activities of City and the exempt, salaried nature of the employment, Employee is permitted to exercise a flexible work schedule. However, consistent with this flexibility and Employee's participation in activities out of the office, Employee will generally be expected to keep office hours at the Fullerton Police Department Administration offices, during normal business hours.
SECTION 10 – CONFIDENTIALITY AND NON-DISPARAGEMENT
A. Employee acknowledges that in the course of his employment contemplated herein, Employee will be given or will have access to confidential and proprietary documents and information, relating to the City, its residents, businesses, employees, and customers ( “Confidential Information”). Such Confidential Information may include, but is not limited to, all information given to or otherwise accessible to Employee that is not public information or would be exempt from public disclosure as confidential, protected, exempt or privileged information. Employee shall hold the Confidential Information in trust for City's benefit, and shall not disclose the Confidential Information to others without the express written consent of City.
B. Except as otherwise required by law, in the event the City termi nates Employee with or without cause, City and Employee agree that no member of the City Council, the city management staff, nor Employee shall make any written, oral, or electronic statement to any member of the public, the press, or any City employee concerning Employee’s termination except in the form of a joint press release or statement, which is mutually agreeable to City and Employee. The joint press release or Interim Chief of Police Employment Agreement
Jonathan Radus
6 statement shall not contain any text or information that is disparaging to either City or Employee. Either City or Employee may verbally repeat the substance of the joint press release or statement in response to any inquiry.
C. The obligations of City and Employee under this Sect ion 10 shall survive the termination of this Agreement.
SECTION 11 – OUTSIDE ACTIVITIES
Employee shall not engage in any activity, consulting service or enterprise, for compensation or otherwise, which is actually or potentially in conflict with, incompatible with or inimical to, or which materially interferes with his duties and responsibili ties to City. (Cal. Govt. Code §§ 1125 et seq.)
Subject to prior approval from the City Manager, Employee may accept limited teaching or other business opportunities that do not otherwise conflict with the obligations and duties under this Agreement or otherwise create an incompatible office.
SECTION 12 – DEFENSE AND INDEMNIFICATION
In accordance with the provisions of California Government Code Sections 995 et seq. as they currently exist or may hereafter be amended, City shall defend and indemnify Employee, using legal counsel of City’s choosing, against any civil action or proceeding brought against Employee, in his official or individual capacity or both, on account of an act or omission in the scope of his employment as Chief of Police, 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 City and Employee, and independent counsel is required for Employee’s defense, City shall select and pay the reasonable fees of such independent counsel for Employee’s defense. Employee shall cooperate fully in the investigation and defense of any civil action or proceeding. Employee acknowledges and agrees that City reserves its rights pursuant to G overnment Code Section 825(a) not to pay any judgment, compromise, or settlement until it is 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, Employee 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. This provision shall survive the termination of this Agreement.
SECTION 13 – OTHER TERMS AND CONDITIONS OF EMPLOYMENT
City may fix other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement or applicable law.
SECTION 14 – GENERAL PROVISIONS
A. This Agreement shall constitute the entire agreement between the parties.
Interim Chief of Police Employment Agreement
Jonathan Radus
7 B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee.
C. If any provision or portion thereof contained in this Agreement is held unconstitutional, 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. Any notice required or permitted by this 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 Employee:
City Manager Jonathan Radus
City of Fullerton (Primary residence address
303 W. Commonwealth Avenue on file with Human Resources) Fullerton, CA 92832-1775
IN WITNESS WHEREOF , the above parties have executed this Agreement as of the date first written above.
CITY OF FULLERTON:
EMPLOYEE:
By: __________________________
Fred Jung, Mayor
By: __________________________
Jonathan Radus
APPROVED AS TO FORM:
__________________________
Richard D. Jones, City Attorney
ATTEST:
__________________________
Lucinda Williams, City Clerk