Agenda Item No. 5
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: March 11, 2024 FROM: Matthew Bronson, City Manager
PREPARED BY: Karla Mattocks, Human Resources Officer
SUBJECT: Approval of an Employment Agreement between the City of Grover Beach and James Munro to serve as Police Chief
RECOMMENDATION
Adopt the Resolution to approve the employment agreement between the City of Grover Beach and James Munro to serve as Police Chief and authorize the City Manager to execute the agreement on behalf of the City.
BACKGROUND
The Grover Beach Municipal Code provides that the City Manager is responsible for the appointment and removal of the Police Chief. The City’s current Police Chief, John Peters, has announced his retirement on July 1, 2024. Upon learning of Chief Peters' impending retirement, the City Manager undertook a comprehensive evaluation to determine whether to promote an internal candidate from one of the two Commanders (James Munro and Bryan Millard) or conduct an open recruitment process as is normally done for filling positions. Commander Millard subsequently informed the City that he did not plan to apply for the Chief position. Given the extensive workforce planning efforts within the Police Department and the value of continuity in Police executive leadership, the City Manager decided on an internal promotional process involving Commander Munro. This process involved development of materials and a presentation to the City’s executive management and community representatives outlining his strategic vision for the Department as well as an interview with the City Manager.
After assessing Commander Munro's qualifications, including 18 years of progressively responsible command experience both within the Clovis and Grover Beach Police Departments including the past 2 ½ years as Police Commander in Grover Beach, coupled with his unwavering dedication to public service and the City of Grover Beach; the City Manager decided that selecting Commander Munro as the next Police Chief best serves the City's needs. Commander Munro's familiarity with the community and the Department, along with his exceptional leadership skills and strong commitment to career growth and service to Grover Beach, make him the ideal candidate. His appointment will ensure continuity in leadership and vision for the Department, fostering continued community trust. As Police Chief, Mr. Munro will focus on implementing effective operational strategies and leading the Department with integrity into the future.
Following the City Manager’s selection, the Council is requested to approve the related Police Chief Employment Agreement which details the specific provisions and conditions of the employment relationship between the City and Mr. Munro. Mr. Munro will assume this position on July 1, 2024 following the retirement of Chief Peters.
Staff Report: Police Chief Employment Agreement Page 2
March 11, 2024
FISCAL IMPACT
The position is funded in the City’s current operating budget.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Adopt the Resolution to approve the employment agreement with James Munro to serve as Police Chief; or
2. Provide staff with additional direction.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Resolution 24-___ - Resolution approving an employment agreement between the City of Grover Beach and James Munro to serve as Police Chief.
2. Employment Agreement Between the City of Grover Beach and James Munro.
3. Exhibit A - Classification and Compensation Plan
Attachment 1
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA, APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF GROVER BEACH AND JAMES MUNRO TO SERVE AS POLICE CHIEF
WHEREAS, the Grover Beach Municipal Code provides that the City Manager is responsible for the appointment and removal of the Police Chief; and WHEREAS, following an internal process, the City Manager has appointed James Munro as Police Chief, subject to the terms and conditions outlined in the Employment Agreement; and WHEREAS, the City Manager has outlined said terms and conditions in the attached Employment Agreement and has reviewed the Agreement with James Munro; and WHEREAS, the Employment Agreement has been submitted to the City Council for its review and approval.
NOW, THERFORE, BE IT RESOLVED:
that the City Council of the City of Grover Beach, California, does hereby authorize the attached Agreement between James Munro and the City of Grover Beach.
On motion by Council Member _____, seconded by Council Member ____, and on the following roll-call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
RECUSED: Council Members –
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Grover Beach, California this 11th day of March, 2024.
KAREN BRIGHT, MAYOR
Attest:
WENDI B. SIMS, CITY CLERK
**DRAFT**
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF GROVER BEACH AND JAMES MUNRO
Tliis Employment Agreement ("Agreement") is made and entered into this ll'h day of March 2024, by and between the City of Grover Beach, a California municipal corporation ("City"), and James Munro ("Police Chief'), an individual, the terms of which shall become effective pursuant to Section 12 herein on the following terms and conditions:
RECIT ALS
A. City desires to employ the services of James Munro as Chief of Police of the City of Grover Beach Police Department in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement.
B. James Munro desires employment as Chief of Police of the City of Grover Beach Police Department and accepts such employment as Chief of Police in consideration of and subject to the teri'ns, conditions, and benefits set forth in this Agreement.
OPERATIVE PROVISIONS
In consideration of the promises and covenants contained herein, the parties agree as follows:
SECTION 1. DUTIES.
The City agrees to employ James Munro as the Police Chief of the City of Grover Beach and he sliall report directly to the City Manager or the City Manager's designee wlien the City Manager is unavailable. Police Chief shall be vested with the powers, duties and responsibilities set for in both the Grover Beach Municipal Code and the job description for Police Chief attached hereto as Attachment "A", as both may be amended from time to time, and the terms of which are incorporated lierein by reference. The Police Chief will perform all functions, duties, and services as are customary and appropriate to the position of Chief of Police, together with such additional services assigned by the City Manager from time to time and as may be consistent with California and federal law and the Grover Beach Municipal Code. The Police Chief agrees to devote as much time to said duties as is reasonably required for tlieir proper performance, regardless of the number of hours involved.
1 Attachment 2
DocuSign Envelope ID: 366C07B5-409C-41BB-909F-DA1BEE3A33E3 SECTION 2. ST ATUS AND TERM.
a. The Police Chief shall serve for an indefinite term at the pleasure of the City Manager and shall be considered an at-will employee of the City.
b. Notliing in this Agreement shall prevent, limit or otherwise interfere with the right of the City to terminate the services of the Police Chief at any time, subject to the provisions set forth in Section 5 of this Agreement or applicable provisions of law, including the Grover Beach Municipal Code (hereina:tter "GBMC") and Personnel Policies. c. The terms of the City's personnel rules, policies, procedures, ordinances, or resolutions (collectively "Personnel Policies") shall not apply to Police Chief to the extent such Personnel Policies conflict with this Agreement. Notliing in this Agreement is intended to, or does, confer upon Police Chief any right to any property interest in continued employment, or any due process right to a hearing before or a:tter a decision by the City Manager to terminate Police Chief's employment, except as is expressly provided within this section.
d. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Police Chief to resign at any time from his position with the City, subject only to the provisions set forth in Section 5(b), of this Agreement. e. City Manager may place the Police Chief on Administrative Leave with full pay and benefits at any time during the term of this Agreement and in accordance with the Peace Officers Bill of Rights and the provisions of this Agreement.
SECTION 3. HOURS OF WORK.
Police Chief shall devote the time necessary to adequately perform his duties as Chief of Police. The parties expect tliat a minimum of forty (40) hours per work week, as well as additional time outside of the normal business hours, including twenty-four (24) hours on call status, will be required to satis'ty this requirement. Accordingly, Police Chief shall be allowed reasonable flexibility in setting his own office hours, provided the schedule of sucli hours provides adequate availability to the City Manager, City staff, and members ofthe community during normal business hours and for the performance of his duties and of City business. The position of Chief of Police shall be deemed an exempt position under the Fair Labor Standards Act. Police Chief's compensation (whether salary or benefits or other allowances) is not based on hours worked and Police Chief shall not be entitled to any compensation for overtime. 2 DocuSign Envelope ID: 366C07B5-409C-41BB-909F-DA1BEE3A33E3 SECTION 4. OUTSIDE EMPLOYMENT.
During the period of his employment, Police Chief shall not, except with the express prior written consent of the City Manager, accept any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity, whether or not for pecuniary advantage, that is or may be competitive with the City, that might cause a conflict of interest with the City, or that otherwise might interfere with the business or operation of the City or the satisfactory performance of Police Chief's duties as Chief of Police.
SECTION 5. TERMINATION AND SEVERANCE PAY.
This Agreement may be terminated in any of the following ways:
a. By mutual agreement of the Parties hereto, expressed in writing; or, b. BythePoliceChief'sgivingtheCityManageranadvancewrittennoticeofatleast30days of his last day of service as Police Chie'f; or,
c. By the City Manager for cause, if any of the following occur:
i. The Police Chiefs failure, or refusal, to perform consistent with his obligations under the GBMC, or with lawful written directives from the City Manager regarding the Police Chief's perfornnance; or,
ii. The Police Chie:f's conviction of a felony or any crime involving moral turpitude, provided that the Police Chief may be placed on administrative leave with pay should he be charged with a felony crime involving moral turpitude; or, iii. A determination by a court of competent jurisdiction of the Police Chief's liability for damages for dishonesty or fraud; or,
d. By the City Manager, without cause, upon giving the Police Chief written notice of termination. In the event that Police Chief is terminated, other than for cause as listed in Subsection (c), the City agrees to provide a severance payment equal to five (5) months' salary at the then current rate of pay. This severance shall be paid in a lump sum and shall include payment for any unexpended vacation time.
e. Within ninety (90) calendar days of the appointment of a new City Manager, City may not act to terminate the Police Chief without cause as authorized under Subsection (d) of this Section, above.
f. Police Chief agrees that all propeity, including, without limitation, all equipment, tangible proprietary information, documents, records, notes, contracts, and computer-generated 3 DocuSign Envelope ID: 366C07B5-409C-41BB-909F-DA1BEE3A33E3 materials furnished to or prepared by him incident to his employment belongs to City and shallbereturnedpromptlytoCityuponterminationofPoliceChief'semployment. Police Chief's obligations under this subsection shall survive the termination of his employment and the expiration of this Agreement.
g. All benefits to which Police Chief is entitled under this Agreement shall cease upon Police Cl'iief"s termination, unless expressly continued either under this Agreement, under any specific written policy or benefit plan applicable to Police Chief, or unless otherwise required by law.
h. Notwithstanding anything to the contrary in this section, Police Chief shall be entitled to an administrative appeal of any decision to terminate his employment with the City, as set forth in Governtnent Code section 3304(c). The administrative appeal shall be as set forth in Government Code section 3304.5.
SECTION 6. COMPENSATION.
a. ThePoliceChiefssalaryshallbesetinanamountwhichfallswithintherangeestablished in Exhibit A of the Classification and Compensation Plan Resolution, as amended, (hereinafter "CCP"). As provided therein, this amount may be adjusted by the City Manager. The Parties agree that the Police Chief's starting base salary shall be $202,464 per year.
b. In addition to the foregoing benefits, the Chief of Police shall also receive all such other benefits that are generally applicable to Executive Managers, as set forth in City's Executive Management Employee Group agreement.
c. Uniform Allowance. The Police Chief shall receive a uniform allowance equal to the allowance granted to a Police Officer under the provisions of the Grover Beach Police Officers' Association.
SECTION 7. OTHER BENEFITS.
LEGAL DEFENSE. The City will provide the Police Chief with aru'iual nondeductible per incident Legal Defense coverage through the California Peace Officers' Association (CPOA) Legal Services Program (LSP).
4 DocuSign Envelope ID: 366C07B5-409C-41BB-909F-DA1BEE3A33E3 SECTION 8. CITY-OWNED VEHICLE.
During the period of employment, City shall provide Police Chief with a City-owned vehicle for his exclusive use in the performance of his duties as Chief of Police. The vehicle shall also be equipped with the necessary equipment to facilitate an emergency response, and command and control communications. Vehicle use may include, but is not limited to, normal business activities; travel to and from work, including reasonable incidental personal use as required to satisfy twenty-four (24) hour on-call availability and facilitate a rapid response to address City business; call-outs and inspections during non-business hours; attendance at professional meetings, training programs, seminars, and/or conferences; and for attendance at con'imunity and regionalmeetings,events,and/orfunctionsrelatedtoPoliceChief'sofficialcapacity. PoliceChief is authorized to carry non-City employee passengers for the conduct and facilitation of City business as described above or as otherwise allowed under applicable department policy. Police Chief shall not be entitled to reimbursement for automobile use or mileage for business travel.
City shall pay for the necessary cost of automobile registration, insurance, fuel, and maintenance.
Police Chief shall obey all traffic laws relating to the operation of the vehicle and shall use due care and caution in its operation. Police Chief agrees that City may install a Mobile Data Terminal/Mobile Data Computer (MDT/MDC) which may be equipped with GPS (global position system) tracking in such vehicle. Police Chief acknowledges that he assumes any and all liability and shall indemnify City, its council members, officers, employees and agents to the maximum extent possible for any damages, injuries or causes of action arising in any way from his use of the City-owned vehicle in a manner not directly related to City business.
SECTION 9. PERFORMANCE EVALUATION.
The City Manager shall review and evaluate in writing the performance of the Police Chief upon the conclusion of the first six months of employment of the Police Chief. All other performance evaluations of employment shall then occur at least once amiually thereafter. That review and evaluation shall be in accordance witli the Executive Management evaluation form.
SECTION 10. PROFESSIONAL DEVELOPMENT.
City agrees to budget and pay for the Police Chiefs professional memberships as normally accorded to Executive Management. The Police Chief shall also receive paid leave, plus registration, travel and reasonable expenses for short courses, aru'iual conferences and seminars 5 DocuSign Envelope ID: 366C07B5-409C-41BB-909F-DA1BEE3A33E3 that are necessary for his personal development and, in the judgment of the City Manager, for the good of the City, and subject to budget limitations and to established travel policies and procedures. City agrees to pay the Membership dues and subscriptions for the Police Chief to the California Police Chief's Association, the California Peace Officers' Association and the International Association of Chiefs of Police.
SECTION 11. INDEMNIFICATION.
City shall defend and indemnify the Police Chief against any action, including but not limited to any: tort, professional liability claim or demand, or other noncriminal legal, equitable or administrative action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the Police Chief's duties as an employee or officer of City, other than an action brought by City against the Police Chief, or an action filed against City by the Police Chief.
In addition, City shall pay the reasonable expenses for the travel, lodging, meals, and lost worktime of the Police Chief should the Police Chief be subject to such, should an action be pending after termination of the Police Chief. City shall be responsible for and have authority to compromise and settle any action, with prior consultation with the Police Chief, and pay the amount of any settlement or judgment rendered on that action. The Police Chief shall cooperate fully with City in the settlement, compromise, preparation of the defense, or trial of any such action.
SECTION 12. GENERAL PROVISIONS.
a. The text here shall constitute the entire Agreement between the parties. b. Tliis Agreement shall become effective comrnencing July 1, 2024. c. If any provision, or any portion of any provision, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or any portion of it, shall be deemed severable, shall not be affected and shall remain in full force and effect.
d. No amendment of this Agreement shall be effective unless in writing and signed by both parties.
e. City, in consultation with Police Chief, sliall fix, in writing, any such otlier terms and conditions of employment, as it may determine from time-to-time, relating to the perfornnance of Police Chief, provided such terms and conditions are not inconsistent with 6 DocuSign Envelope ID: 366C07B5-409C-41BB-909F-DA1BEE3A33E3 or in conflict with the provisions of this Agreement, the Grover Beach Municipal Code, or any applicable State or Federal law.
f. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue proper only in San Luis Obispo County, California. g. In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this Agreement, tlie prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
h. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit or against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the City Manager and Police Chief, and by no other means. Each party waives tlieir future right to claim, contest or assert that this Agreement was modified, cancelled, superseded or changed by any oral agreement, course of conduct, waiver or estoppel. i. Police Chief represents and warrants to City that he presently has no interest, and represents that he will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or interfere in any way with performance of his services under this Agreement.
j. Police Chief acknowledges that he has had the opportunity to consult legal counsel in regard to this Agreement, that he lias read and understands this Agreement, that lie is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement.
k. Police Chief further acknowledges that provisions of this Agreement may result in certain tax consequences Police Chief represents and warrants that Police Chief has had the opportunity to independently seek any needed expert advice in this regard, and that Police Chief shall bear full and complete responsibility for any and all tax consequences hereunder.
1. The failure or delay of City at any time(s) to require performance of, or to exercise any of its powers, rights, or remedies with respect to any term or provision of this Agreement or 7 DocuSign Envelope ID: 366C07B5-409C-41BB-909F-DA1BEE3A33E3 any other aspect of Police Cl'iief's conduct or employment in no manner, except as otherwise expressly provided herein, shall affect City's right at a later time to enforce any such term or provision.
SECTION 13. CONFIDENTIAL INFORMATION.
a. Police Chief acknowledges that during tlie course of his employment with the City, Police Chief will become privy to infornnation about the City, which the City deems private, confidential and proprietary. Police Chief agrees to treat all such information in strict confidence and will not disclose any Confidential Information Police Chief may obtain or have access to.
b. The term "Confidential Information" shall mean any and all documents, materials and information (whether oral or written) which is revealed to Police Chief directly or indirectly and whether specifically designated as "Confidential" or which ought reasonably be regarded as confidential under or in connection with the employment of Police Chief. c. Police Chief further agrees the Confidential Information will not be used by Police Chief in a way determinantal to or to the disadvantage of the City. Police Chief further acknowledges the disclosure of Confidential Information may be harnn:tul to the City and agrees to hold such Confidential Information in the strictest confidence and not to disclose the same or release it to any other party, except as authorized by the City Manager to employees of the City or other individuals having a need to know as part of their official duties with the City.
d. In the event Police Chief becomes legally compelled (by deposition, interrogatory, public request for documents, order, subpoena, civil investigative demand, or similar process issued by a court of competent jurisdiction) to disclose any ofthe Confidential Inforination, prompt written notice of any such requirement shall be provided to the City Manager so the City Manager may seek a protective order or other appropriate remedy and/or waive in writing compliance with the terms of this Agreement. In the event that such protective order or other remedy is not obtained, and irrespective of whether or not compliance with the provisions l'iereof is waived, Police Cliief agrees only that poition of the Confidential Information wliich Police Chiefs legal counsel advises is legally required to be disclosed shall be disclosed and reasonable efforts shall be made to obtain assurance that confidential treatment will be accorded such Confidential Information. 8 DocuSign Envelope ID: 366C07B5-409C-41BB-909F-DA1BEE3A33E3 SECTION 14. NOTICES.
All notices, requests, demands and other communications required or permitted under this Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed as noted below. Police Chief agrees to notify City in writing of any change in his address during his employment with City. Notice of change of address shall be effective only when accomplished in accordance with this Section.
City's Notice Address:
City of Grover Beach
Attn: City Manager
154 South 8" Street
Grover Beach, CA 93433
Chief of Police's Notice Address:
Grover Beacli Police Department
Attn: James Munro
711 Rockaway Avenue
Grover Beach, CA 93433
IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its City Manager, and the Police Chief has signed and executed this Agreement, both in duplicate, the day and year first above written.
CITY OF GROVER BEACH: CHIEF OF POLICE:
Matthew Bronson, City Manager
.d
O
DocuSign Envelope ID: 366C07B5-409C-41BB-909F-DA1BEE3A33E3 APPROVED AS TO FORM:
Robert Lomeli - City Attorney
10 DocuSign Envelope ID: 366C07B5-409C-41BB-909F-DA1BEE3A33E3 Exhibit A
City of Grover Beach
STAFFING DETAIL & SALARY SCHEDULE
Police Chief
Compensation Plan - Monthly Salary
Ranges
Proposed Salary Schedule - Effective January 9, 2024
Section 1 - Executive
Mana!!ement MIN
Police Chief * 13,881 14,575 15,304
MAX
16,069 16,872 17,716
Attachment 3