Agenda Item No. 15
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of October 28, 2025
__________________________________ _________________________________ Prepared by: Approved by:
Sylvia Estrada, Human Resources Manager Todd Bodem, City Administrator SUBJECT: Approval of Employment Agreement with Michael Cash – Director of Public Safety RECOMMENDATION:
That the City Council authorize Mayor Julian to execute a new Employment Agreement with Michael Cash.
BACKGROUND:
The City of Guadalupe’s Director of Public Safety position provides consolidated leadership and management over both the Police Department and Fire Department, Emergency Preparedness, and Compliance ensuring effective coordination of all public safety operations, emergency response, and community safety programs.
Following discussions and review of the employment structure, the attached three-year Employment Agreement with Michael Cash has been prepared for Council consideration. The agreement reflects compensation and benefits consistent with comparable positions and maintains compliance with the City’s current personnel policies and CalPERS regulations.
Key terms of the proposed Agreement include:
• Position Title: Director of Public Safety
• Term: Three (3) years – October 9, 2025 through October 8, 2028 • Status: At-will, subject to provisions of the Peace Officers’ Procedural Bill of Rights • Base Salary: $167,315.20 annually ($80.44/hour), effective October 9, 2025 • Base Salary Increases:
5% increase effective October 9, 2026, contingent upon a “satisfactory” annual performance evaluation (new rate: $175,676.80 annually / $84.46 per hour).
Additional 5% increase effective October 9, 2027, contingent upon a “satisfactory” second-year evaluation, based on the applicable prior-year rate. • Benefits: Health, life, and disability insurance consistent with benefits for other sworn personnel; deferred compensation option available in lieu of insurance enrollment. • Leave Provisions:
Sylvia Estrada
Vacation: 10 hours per month (capped at two years’ accrual) Sick Leave: 10 hours per month
Administrative Leave: 80 hours annually (non-carryover) Holidays: 12 days, including two floating holidays
• Retirement: Enrollment in CalPERS 2%@57 formula under PEPRA. • Uniform & Expense Allowances:
Double uniform maintenance allowance equivalent to that of other police officers.
Up to $1,200 annual uniform reimbursement, payable through monthly expense claims.
Authorized membership reimbursements for California Police Chiefs and County Chiefs Associations.
City-provided emergency response vehicle for on-call use. • Severance: Six (6) months of base salary if terminated without cause, consistent with Government Code §53260.
• Indemnification: Full legal defense and indemnification consistent with Government Code §§995–996.6 and §53243.1.
This Agreement formalizes the employment relationship, and ensures continuity in leadership for both Police and Fire services.
SUMMARY:
Approval of the attached Employment Agreement with Michael Cash establishes the terms of employment for the Director of Public Safety and ensures continued leadership and operational stability within the City’s public safety departments.
ATTACHMENTS:
1. Employment Agreement (Director of Public Safety)
EMPLOYMENT AGREEMENT
This Agreement is made and entered into this 28th day of October 2025, by and between the City of Guadalupe, a municipal corporation, (hereinafter called "Employer" and Michael Cash, (hereinafter called "Employee") an individual, both of whom agree as follows:
Section 1: Term:
The term of this agreement shall be for a period of three (3) years, from October 9, 2025, to October 8, 2028. Notwithstanding the term of the agreement, Employee acknowledges that his position with the City is an "at-will" position, and Employer need not provide advance notification, sufficient or just cause or a right of appeal from a decision to terminate Employee, except as may otherwise be required by the Peace Officers Procedural Bill of Rights. Employee shall be entitled to only such benefits upon termination as are explicitly set forth in this Agreement.
Section 2: Duties and Authority
Employer agrees to employ Employee as Director of Public Safety to perform the functions and duties specified for the position of police chief under Guadalupe Municipal Code Chapter 2.16, to perform the functions and duties specified for the position of fire chief under Guadalupe Municipal Code Chapter
2.20, and to perform other legally permissible and proper duties and functions. Employee shall be designated a "peace officer" as that term is defined under Penal Code Section 830.1.
Section 3: Compensation
A. Base Salary: Employer agrees to pay Employee an annual base salary of $ $167,315.20 ($80.44 per hour) effective October 9, 2025, and payable in installments at the time that other management employees of the employees of the Employer are paid.
B. Base Salary Increases: Employee shall be eligible for a 5% salary increase effective October 9, 2026, contingent upon a “satisfactory” annual performance evaluation (new rate: $175,676.80 annually / $84.46 per hour) and an additional 5% increase effective October 9, 2027, contingent upon a “satisfactory” second-year evaluation, (new rate: $184,465.00 annually / $88.68 per hour). However, if Employee does not receive a “satisfactory” performance evaluation for the first year of this agreement, Employee’s salary will remain at $167,315.20 ($80.44 per hour). If, thereafter, Employee receives a “satisfactory” performance rating for his second year of this agreement, he may receive a 5% salary increase effective October 9, 2027 to $175,676.80 annually ($84.46 per hour), but if he does not receive a “satisfactory” performance evaluation for his second year of this agreement, his salary will remain at $167,315.20 ($80.44 per hour).
Section 4: Health, Disability and Life Insurance Benefits The Employer agrees to provide and to pay the premiums for insurance programs for the Employee equal to those provided to other police officers of the City of Guadalupe. In the event Employee does not wish to enroll in such insurance programs, Employer shall make an equivalent payment into a deferred compensation program. Provisions of this section are subject to change.
Section 5: Vacation, Sick, Administrative and Holiday Leave ATTACHMENT 1
A. Employee shall accrue 10 hours sick leave each month.
B. Employee shall accrue 10.0 hours vacation leave per month during the term of this Agreement.
A vacation accrual cap shall not exceed an amount equal to two years’ accrual. Employee will not earn additional vacation hours in excess of that cap.
C. Employee shall be credited with 80 hours administrative leave annually, beginning with a prorated amount upon the effective date of this Agreement. Administrative leave shall not carry over from year to year, nor shall employee be entitled to payment for unused administrative leave at the end of each year. Each January 1st thereafter, Employee shall be credited with 80 hours of administrative leave for that calendar year.
D. Employee shall receive the following paid holidays each year, and Employee shall be entitled to take such holidays off work without loss of compensation: New Year's Day, Martin Luther King Day, Presidents’ Day, Memorial Day, 4th of July, Labor Day, Veterans’ Day, Thanksgiving Day, the day following Thanksgiving Day, Christmas Eve and Christmas Day, and two floating holidays to be scheduled at Employee's discretion upon notice to the City Administrator.
Section 6: Retirement
Employer agrees to enroll Employee into the applicable state PERS retirement system or plan using the 2% @ 57 base formula required by the Public Employees Pension Reform Act of 2013 (PEPRA).
Section 7: General Business Expenses
A. Employee shall receive a uniform maintenance allowance double the amount as provided to other police officers of the City of Guadalupe.
B. Employee shall receive a uniform reimbursement allowance up to $1,200.00 annually and reimbursable in monthly installments when expense reports are submitted.
C. Employer recognizes that certain expenses of a non-personal, but job related nature are incurred by Employee, and agrees to reimburse or to pay said general expenses. Among such expenses, Employer recognizes that Employee shall be required to attend, and Employer shall pay for certain POST-mandated management courses. Other such expenses shall include membership fees for California Police Chiefs Association, and the Santa Barbara County Law Enforcement Chiefs Association. Upon approval by the City Administrator, the Finance Director is authorized to disburse such moneys upon receipt of duly executed or petty cash vouchers, receipts, statements or personal affidavits. Reimbursement for expenses for job-related conferences shall be subject to budgetary limitations.
D. Employee shall be provided an emergency response vehicle at Employer expense. The vehicle will be equipped with appropriate emergency response equipment. Employee shall have use of the vehicle for both official business and transportation to and from personal residence. The purpose of this vehicle assignment is intended to expedite the emergency response to the City at all hours while off duty.
Section 8: Termination
A. For the purpose of this agreement, termination shall occur when three (3) out of five (5) members of the City Council vote to terminate the Employee at a duly authorized public meeting, when Employee is otherwise ready, willing and able to perform the duties of his position.
B. If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health, with or without a reasonable accommodation, beyond any accumulated leave, Employer shall have the option to terminate this agreement, subject to the severance pay requirements of Section 9.
C. If the Employer reduces the base salary, compensation or any other financial benefit of the employee in a percentage greater than the average reduction applicable to all department heads, Employee shall have the right to declare that such reduction constitutes termination.
D. If the Employee resigns following an offer by Employer to accept resignation, or following a suggestion by Employer to resign, whether formal or informal, then the Employee shall have the right to declare such resignation a termination under this Agreement.
E. Termination based on disability or inability to perform duties shall be subject to the provisions contained in the Peace Officers Bill of Rights and all applicable California and/or federal laws.
Section 9: Severance
A. Except as set forth in subsection C and under Government Code Section 53260, if the Employee is terminated under Section 8, the Employer shall provide a severance payment equal to six (6) months’ salary at the current rate of pay. The severance shall be paid in a lump sum or in bi-weekly installments at Employer's option.
B. The Employee shall also be compensated for all accumulated vacation and administrative time upon termination.
C. Employee shall not be entitled to the severance payment set forth in subsection A in the event he is terminated following a conviction of a felony, or of a misdemeanor involving abuse of office or position by Employee, as that term is defined in Government Code Section 53243.4, or if otherwise terminated for good cause.
Section 10: Resignation
In the event that the Employee voluntarily resigns his position with the Employer, the Employee shall provide a minimum of 30 days notice unless the parties agree otherwise. Employee shall be entitled to be compensated for any unused accumulated vacation time as of the last date of employment but shall not be entitled to severance pay as provided in Section 9 nor any unused administrative time.
Section 11: Hours of Work
It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the Employer, including but not limited to City Council and other meetings occurring during evening and night hours. Employer is retaining Employee to perform the duties of director of public
safety, and not for any particular working hours or schedule. Employee shall be entitled to no additional compensation for hours worked outside the Employer's normal office hours.
Section 12: Outside Activities
The employment provided for by this Agreement shall be the Employee's sole employment. Recognizing that certain outside consulting, teaching or publishing opportunities provide indirect benefits to the Employer and the community, the Employee may, with Council authorization, elect to accept limited teaching, consulting, publishing or other business opportunities that cannot be construed as a conflict of interest with his responsibilities under this Agreement.
Section 13: Indemnification
A. Employer shall provide Employee defense and indemnification as set forth in Part 7, Division 3.6, Title I of the Government Code, specifically Government Code Sections 995 et seq. Notwithstanding anything to the contrary in this subsection, pursuant to Government Code Section 53243.1, if the City provides funds for the legal criminal defense of Employee, any funds provided for that purpose shall be fully reimbursed by Employee to the City if Employee is convicted of a crime involving an abuse of his office or position.
B. Employee recognizes that Employer shall have the right to compromise and settle all actions or proceedings in which Employer is providing Employee a defense, even if Employee objects to such compromise or settlement.
Section 14: Other Terms and Conditions of Employment
The Employer shall fix any such other terms and conditions of employment as it may determine form time to time, relating to the performance of the Employee, provided such terms and conditions are not 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, the City of Guadalupe Municipal Code or any other state law.
Section 15: Notices
A. Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows:
Employer: City of Guadalupe
918 Obispo Street
Guadalupe, California 93434
Employee: Michael Cash
5165 Ibis Circle
Guadalupe Ca 93434
B. Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil subpoenas. 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 United States mail.
Section 16: General Provisions
A. Integration: This Agreement sets forth and establishes the entire understanding between the Employer and the Employee related to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this Agreement during the life of the Agreement. Such amendments shall be incorporated and made a part of this Agreement.
B. Binding Effect: The Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest.
C. Effective Date: This Agreement shall become effective on the date of passage of a resolution of the City Council approving this Agreement.
D. Severability: The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect.
CITY OF GUADALUPE ("EMPLOYER") MICHAEL CASH ("EMPLOYEE") By:
________________________________
Ariston Julian, Mayor
By:
_______________________________
Michael Cash