AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ERIC G. PARRA
THIS AMENDMENT is made and entered into between the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "City," and Eric G. Parra, hereinafter referred to as "Parra."
WHEREAS, Parra is currently employed by City as its Police Chief, and it is the desire of City to retain the services of Parra as Interim City Manager/Police Chief until City appoints a permanent City Manager; and
Parra and City desire to amend that certain agreement dated December 2, 2021 entitled "Employment Agreement Between the City of Huntington Beach and Eric G. Parra," hereinafter referred to as the "Original Agreement," to provide for the appointment of Parra as City's Interim City Manager/Police Chief; and
It is the desire of City to: (1) provide inducement for Parra to become the Interim City Manager/Police Chief and remain in City's employment; (2) make possible full work productivity by providing Parra with assurances regarding his employment; and (3) provide an equitable means for Parra to return to his current position as Police Chief upon City's selection of a permanent City Manager.
NOW, THEREFORE, for and in consideration of the mutual promises, covenants and conditions herein contained, the parties hereto agree as follows:
APPOINTMENT AS INTERIM CITY MANAGER
Effective November 9, 2023, the City Council of City hereby appoints Parra as the Interim City Manager/Police Chief of the City of Huntington Beach, to perform the functions and duties of City Manager specified in the City Charter, and continue to perform the functions and duties of Police Chief, and also to perform other legally permissible duties and functions as the City Council shall from time to time assign.
TERM
This Amendment shall remain in effect until a permanent City Manager is selected by the City Council, or until terminated by either party as set forth in Section 3 herein.
TERMINATION
A. This Amendment will automatically terminate upon the City Council's appointment of a permanent City Manager, or as otherwise provided herein.
B. Either party may terminate this Amendment after providing the other party with a thirty-day (30) notice of intention to terminate this Agreement. Such notice can be provided at any time.
1 C. Upon any termination hereof, Parra shall be returned to his previous position of Police Chief of City under the terms and conditions contained in the Original Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein.
COMPENSATION
During the term of this Amendment, City agrees to pay Parra the amount of $153.85 per hour as base salary, payable in installments at the same time as other employees of City are paid.
Except as specifically modified herein, all other terms and conditions of the Original Agreement related to compensation shall remain unchanged, and in full force and effect.
5. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.
PARRA: CITY OF HUNTINGTON BEACH,
a California municipal corporation
Eric G. Parra Mayor
APPROVED AS TO FORM: City Clerk
Michael E. Gates pl
City Attorney
2 EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND ERIC G. PARRA
THIS AGREEMENT is entered into this 2nd day of December, 2021, between the City of Huntington Beach, a California municipal corporation, hereinafter "City," and Eric G. Parra, hereinafter "Parra."
WITNESSETH
WHEREAS, the City Manager has been empowered to appoint and remove the Police Chief, with approval of the City Council; and
WHEREAS, the City, through the City Manager, desires to employ the services of Parra as the Police Chief for the City of Huntington Beach; and WHEREAS, the City seeks to provide certain benefits, establish certain conditions of employment, and to set working conditions of Parra; and WHEREAS, the City intends to:
(1) Secure, retain, and employ the services of Parra; and (2) Provide a means for terminating Parra's service; and (3) Parra accepts employment as the City's Police Chief; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:
Eric Parra
Police Chief Employment Agreement
Eric Parra - Police Chief Employment Agreement
December 2, 2021
SECTION 1. DUTIES.
The City agrees to employ Parra as Police Chief of the City to perform the functions and duties of that office as set forth in the Municipal Code of the City of Huntington Beach and the City Charter, and to perform other duties and functions as the City Manager shall from time to time assign. Parra shall devote his full attention and effort to the office and perform the mentioned duties and functions in a professional manner.
SECTION 2. STATUS AND TERM.
(a) Parra shall serve for an indefinite term at the pleasure of the City Manager and shall be considered an at-will employee of the City.
Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager to terminate the employment of Parra at any time, subject only to the provisions set forth in Section 6, subparagraphs (a), (b) and (c) of this Agreement, and Section 401 of the Charter of the City of Huntington Beach.
(c) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Parra to resign at any time from his position with the City, subject only to the provisions set forth in Section 6, subparagraph (d), of this Agreement. (d) Parra agrees to remain in the exclusive employ of City for an indefinite period of time and shall neither accept other employment nor become employed by any other employer without the prior written approval of the City Manager until notice of Parra's resignation is given. (e) The term "employed" (and derivations of that term as used in the preceding paragraph) shall include employment by another legal entity or self-employment, however, shall Eric Parra - Police Chief Employment Agreement
December 2, 2021
not be construed to include occasional teaching, writing, consulting, or military reserve service performed on Parra's time off, and with the advance approval of the City Manager.
SECTION 3. SALARY.
City agrees to pay Parra for his services rendered pursuant to this Agreement at Range NA0011, Step E ($106.31 / hour) of the City's classification and compensation plan or Resolutions or Ordinances from time to time enacted that govern such compensation.
SECTION 4. OTHER BENEFITS.
In addition to the foregoing benefits, Parra shall also receive all such other benefits that are generally applicable to non-associated employees (Department Heads) hired after 12/27/97, as set forth in Huntington Beach City Council Resolution No. 2016-50, entitled "A Resolution Of The City Council Of The City Of Huntington Beach Modifying Salary And Benefits For Non- Represented Employees Including The Elected City Attorney, City Clerk, And City Treasurer, " a copy of which is attached hereto as Exhibit "A" and incorporated by reference as fully set forth herein. Parra will also receive Longevity Pay in the amount of 11% per year. Further, Parra shall receive ancillary benefits provided to Police Management Association (PMA) members with regard to Education Pay (6% per year), Advanced POST Certificate Pay (6% per year). Finally, in order to install security upgrades at Parra's primary residence located in Huntington Beach, the City shall reimburse Parra an amount not to exceed $15,000 for reasonable security enhancements deemed eligible by the City Manager, whose approval shall not be unreasonably withheld.
SECTION 5. ADMINISTRATIVE LEAVE.
The City Manager may place Parra on Administrative Leave with full pay and benefits at any time during the term of this Agreement.
Eric Parra - Police Chief Employment Agreement
December 2, 2021
SECTION 6. TERMINATION AND SEVERANCE PAY.
(a) Except as provided in subsection (b), in the event the City Manager terminates the employment of Parra, and during such time that Parra is willing and able to perform his duties under this Agreement, then City shall pay to Parra a severance pay as follows: nine (9) months' base salary and benefits if terminated without cause during the first twelve (12) months of Parra's employment; then six (6) months' base salary and benefits if terminated without cause during the thirteenth (13th) and subsequent months of Parra's employment. (b) (1) Notwithstanding subsection (a) above, the following reasons shall constitute grounds to terminate the employment of Parra without severance pay:
(i) a willful breach of this agreement or the willful and repeated neglect by Parra to perform duties that he is required to perform; (ii) conviction of any criminal act relating to employment with the City; (iii) conviction of a felony.
(2) Prior to the time that the City Manager terminates Parra without severance pay for any of the reasons set forth in Section (b)(1) above, and only in that case, the City Manager shall provide Parra with written notice of proposed termination which will include the reason and factual basis for termination. Within ten days of such notice, Parra may request an opportunity to respond to the reasons and factual basis provided by the City Manager. If such a request to respond is made, the City Manager shall conduct a meeting, which may be informal in nature, that Parra may respond to the notice of proposed termination. At such meeting, Parra may be represented by an attorney of his choice and present evidence or information relevant to the reasons and factual basis set forth in the notice of proposed termination. Subsequently, the decision of the City Manager as to whether reasons set forth in Section (b)(1) exist or do not exist shall be final as between the parties.
Eric Parra - Police Chief Employment Agreement
December 2, 2021
(c) In the event the City at any time during the term of this Agreement, reduces the salary of Parra from its current level, except as part of an across-the-board reduction for all Directors of City, or in the event City refuses, following written notice, to extend to Parra any non- salary benefit customarily available to all Directors, or in the event Parra resigns following a suggestion, whether formal or informal, by the City Manager that he resign, then, Parra may, at his option, be deemed to be "terminated." The termination date will occur then at the date of reduction or refusal to extend or such suggestion of resignation within the meaning and context of the severance pay provision in subparagraph (a) above; provided that the option to be deemed terminated is exercised by written notice from Parra and delivered to the City Manager within ten (10) working days of notification of such reduction, refusal to extend, or suggestion of resignation.
In that event, the severance payment shall be calculated from the date Parra exercises the option to be deemed terminated.
(d) In the event Parra voluntarily resigns his position, Parra shall give City written notice at least thirty (30) days prior to the last workday, unless the City Manager and Parra otherwise agree.
(e) It is understood that after notice of termination in any form, Parra and the City will cooperate to provide for an orderly transition. Specific responsibilities during such transition may be specified in a written separation agreement.
SECTION 7. DISABILITY.
If Parra is medically, physically disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or ill health, and has provided proof of the same from a medical professional, he shall be eligible for Disability Leave upon exhausting all accrued sick leave, general leave and executive leave, and duty injury leave if applicable. Disability Leave shall be unpaid and shall be approved by the City Manager for a time period of up to three (3) Eric Parra - Police Chief Employment Agreement
December 2, 2021
months. The length of such time period of the Disability Leave shall be dependent upon the length of the disability as demonstrated by Parra. If Parra is unable to return to work at that time, the City shall have the option to terminate the employment of Parra, subject to the requirements imposed on City by Section 6, paragraph (a).
SECTION 8. PERFORMANCE EVALUATION.
The City Manager shall review and evaluate in writing the performance of Parra at least once annually. That review and evaluation shall be in accordance with specific criteria developed in consultation with Parra and the City Manager. Those criteria may be added to or subtracted from as the City Manager may from time to time determine, in consultation with Parra.
SECTION 9. GENERAL AND EXECUTIVE LEAVE
(a) Parra shall accrue General Leave in accordance with the General Leave accrual provisions applicable to Department Heads of the City as contained in the Non-Associated Resolution (Exhibit "A"). Parra shall be credited for his years of service at other CalPERS and CalPERS reciprocal agencies in determining his annual general leave accrual allowance. Upon executing this agreement, Parra shall be credited with an initial allocation of 40 hours that will be added to Parra's General Leave accrual bank. Parra shall be credited 80 hours of Executive Leave on January 1 of each calendar year, and shall be provided with an initial allocation of 80 Executive Leave hours upon his first day of employment for his initial calendar year with the City. (b) Executive Leave must be used in the same calendar year it is credited, and unused Executive Leave may not be carried forward to the next calendar year or cashed out at any time.
General Leave shall be accrued in accordance with the appropriate provisions of the Non- Associated Resolution (Exhibit "A"). Parra shall provide the City Manager with reasonable notice prior to taking two (2) or more General Leave or Executive Leave days off.
Eric Parra - Police Chief Employment Agreement
December 2, 2021
SECTION 10. PROFESSIONAL DEVELOPMENT.
The City agrees to budget and pay for Parra's professional memberships as normally accorded to Department Heads. Parra shall also receive paid leave, plus registration, travel and reasonable expenses for short courses, conferences and seminars that are necessary for professional / 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.
SECTION 11. FINANCIAL DISCLOSURE.
Parra shall report to the City Manager any ownership interest in real property within the County of Orange, excluding personal residence. Parra shall also complete and file annually, Financial Disclosure 700 Forms. Also, Parra shall report to the City Manager any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for City or from which City intends to make a purchase. Such reporting shall be made in writing by Parra to the City Manager within ten (10) calendar days of the execution of this agreement and within ten (10) calendar days of acquisition of that interest in real property. Additionally, Parra shall report in writing to the City Manager any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for the City or from whom the City intends to make a purchase immediately upon notice of the intended work or purchase.
SECTION 12. INDEMNIFICATION.
The City shall defend and indemnify Parra against actions, including but not limited to any:
tort, professional liability claim or demand, or other non-criminal legal, equitable or administrative action, arising out of an alleged act or omission occurring in the performance of Parra during the discharge of his duties as an employee / officer of the City, other than an action brought by the City against Parra, or an action filed against the City by Parra. The City shall pay the reasonable expenses for the travel, lodging, meals, and lost work time of Parra should Parra be subject to such, should an action be pending after termination of Parra. The City shall be responsible for and have authority to Eric Parra - Police Chief Employment Agreement
December 2, 2021
compromise and settle any action, with prior consultation with Parra, and pay the amount of any settlement or judgment rendered on that action. Parra shall cooperate fully with the City in the settlement, compromise, preparation of the defense, or trial of any such action.
SECTION 13. GENERAL PROVISIONS
(a) The text herein shall constitute the entire Agreement between the parties. (b) This Agreement shall become effective commencing December 27, 2021. (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.
IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its City Manager, and Parra has signed and executed this Agreement, both in duplicate, the day and year first above written.
PARRA:
SoRe
Oliver Chi, City Manager Eric Parra
APPROVED AS TOFORM:
City Attorney