Leticia Vasquez-Zurita, City Clerk
of the City of Livingston
EXHIBIT "A"
CITY OF LIVINGSTON
AGREEMENT FOR EMPLOYMENT OF FINANCE DIRECTOR
This Employment Agreement ("Agreement") is made and entered into this __ day of June 2022, by and between the City of Livingston ("City"), a general law city, and Jennifer Riedeman ("Finance Director" or "Riedeman"}, collectively referred to as "Parties."
RECITALS
WHEREAS, the City desires to employ, as an "at-will" employee, the services of Riedeman as Finance Director for the City; and
WHEREAS, the City Manager has the authority to negotiate the terms of an employment agreement with Riedeman for her services as Finance Director; and WHEREAS, Riedeman and the City now desire to agree, in writing, to the terms and conditions of employment as Finance Director.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree to the following terms:
TERMS
1. Employment Status
The City Council has delegated the authority to appoint officers and employees of the City to the City Manager. The City Manager hereby appoints Riedeman to the position of Finance Director for the City. Riedeman hereby accepts such appointments under the terms and conditions of this Agreement and acknowledges that she is an at-will employee of the City.
2. Term of Agreement
This Agreement shall be in full force and effect for a period of three (3) years, starting ___ , 2022, and terminating _____ , 2025, unless extended or terminated as provided herein. The Parties to this Agreement may terminate this Agreement pursuant to the provisions of Section 8 of this Agreement.
Agreement for Employment of Finance Director
Between the City of Livingston and Jennifer Riedeman
3. At-Will Employment
Riedeman is an "at-will" employee who shall serve at the pleasure of the City Manager.
Accordingly, the City Manager may terminate Riedeman's employment under this Agreement at any time, with or without cause. This provision may not be altered except by a written instrument executed by Riedeman, and formally approved by the City Council, which specifically references this Agreement.
4. Duties and Responsibilities
The City hereby agrees to employ Riedeman to the position of Finance Director for the City, subject to the terms and conditions set forth herein; Riedeman hereby accepts such terms and conditions. As Finance Director, Riedeman shall be responsible for the performance of the duties described in Exhibit A.
Riedeman agrees to devote her full productive time, ability, and attention to the City's business during the term of this Agreement. Riedeman shall not hold secondary employment, and shall be employed exclusively by the City. However, the City shall permit Riedeman to actively participate in community affairs and volunteer reasonable time, energy, and expertise to charitable, non-profit, public service, religious, and/or community area organizations. Riedeman shall keep the City Manager advised of such activities, and such activities shall not be in conflict, or appear in conflict with Riedeman's responsibilities as Finance Director.
5. Hours of Work
Due to the nature of the employment of the Finance Director, unless on holiday, sick, or other approved leave, Riedeman is required to work a full and complete work week of at least forty (40) hours per week, and devote whatever time is necessary to fulfill her employment responsibilities and duties, with no additional consideration or payment for hours worked beyond forty ( 40) hours a week.
Agreement for Employment of Finance Director
Between the City of Livingston and Jennifer Riedeman
6. Performance Evaluations
The City Manager shall review and evaluate the performance of Riedeman at least annually, or on any other schedule deemed appropriate by the City Manager.
7. Compensation and Benefits
a. Riedeman shall be paid an annual base salary of One Hundred Twenty Thousand Five Hundred Four Dollars ($124,119) , which is currently Step C, under the Finance Director Salary Schedule, less all applicable Federal, State and local withholding. Cost of Living Adjustment (COLA) programmed for 7/1/22 shall not apply to this position. All other programmed COLA's shall be observed thereafter comparable to the Management and Confidential unit.
b. Riedeman's salary shall be reviewed per Section 6 of this Agreement.
Riedeman will be subject to the City's personnel rules regarding salary and step increases, which may be modified from time to time by the City Council. c. In addition to the compensation provided in Section 7 ( a) above, the City agrees to provide the following to Riedeman in consideration for the services provided pursuant to this Agreement:
i. CalPERS Contribution: Riedeman will be treated as a "Classic Member," and shall be eligible for California Public Employees' Retirement System ("Cal PERS") retirement benefits upon the same terms as those benefits provided for City employees covered by the Local Miscellaneous Members Group classification for purposes of Cal PERS (non-sworn employees). Riedeman shall be responsible for the employee contribution required by all nonsafety department heads. ii. Health Benefits: Riedeman shall receive the same medical, dental and vision insurance comparable to Management and Confidential unit rates.
Agreement for Employment of Finance Director
Between the City of Livingston and Jennifer Riedeman
iii. Vacation Leave: Riedeman shall accrue vacation leave in accordance with the accrual schedules and City rules and regulations applicable to department heads.
iv. Sick Leave: Riedeman shall accrue sick leave in accordance with the accrual schedules and City rules and regulations applicable to department heads. v. Life Insurance: City shall provide Riedeman with Life Insurance Coverage equivalent to 1-Year's base salary- capped at $130,000. vi. Administrative Leave: Riedeman shall accrue administrative leave comparable to Department Heads in the Management and Confidential unit (110 hours). vii. Social Security and Medicare: The City does not make employer or employee retirement contributions to Social Security. Riedeman shall be responsible for paying the employee's portion of Medicare taxes.
viii. Other Benefits: It is the intent of this Agreement that Riedeman receive the same basic benefits afforded all department heads except as modified herein. Such other benefits as would normally accrue to members of this group shall be received by Riedeman as well, whether set forth herein or not. Riedeman understands and agrees that the City makes no assurances regarding the taxability of benefits, as such issues are subject to the Internal Revenue Code and related laws.
8. Termination of Employment and Severance
a. Riedeman may terminate this Agreement and her employment with the City with or without cause, by giving the City thirty (30) days written notice in advance of termination. During the notice period, all the rights and obligations of the Parties under this Agreement shall remain in full force and effect. The City shall not be obligated to make any severance payment pursuant to Section 8(c) and 8(d} of this Agreement, if Riedeman terminates this Agreement or resigns from her position as Finance Director.
Agreement for Employment of Finance Director
Between the City of Livingston and Jennifer Riedeman
b. The City Manager may terminate this Agreement and Riedeman's employment with the City with or without cause at any time. For purposes of this Agreement, the phrases "with cause" and "without cause" refer only to Riedeman's potential entitlement to severance, and do not grant Riedeman any property interest in her employment or alter the atwill nature of her employment in any way. c. In the event City terminates Riedeman's employment without cause, Riedeman shall be entitled to severance pay of a lump sum payment equal to three (3) months base salary. This severance is subject to the restrictions set forth in Government Code section 53260, that the maximum amount of severance pay that Riedeman may receive shall not exceed an amount equal to the monthly base salary of the Finance Director multiplied by the number of months left on the unexpired term of this Agreement. At no time shall the City be responsible for paying more than three (3) months base salary for severance under this Agreement.
d. Severance pay under Section 8(c) of this Agreement shall be conditioned upon Riedeman signing a waiver and release agreement, forever releasing and waiving any and all claims in a form acceptable to the City. Riedeman shall receive the severance payment under Section 8(c) in a lump sum payment, minus all applicable deductions, fifteen (15) business days after execution of the waiver and release agreement. Riedeman shall not receive any severance under this Agreement if such a waiver and release agreement is not executed by the Parties. Pursuant to Government Code section 53243.2, any cash settlement related to the termination of this Agreement received by Riedeman from the City shall be fully reimbursed to the City if Riedeman is convicted of a crime involving an abuse of her office or position while employed by the City.
e. Riedeman shall receive payment for all accrued unused vacation leave at the time of her separation from employment.
Agreement for Employment of Finance Director
Between the City of Livingston and Jennifer Riedeman
f. If Riedeman is terminated "for cause," the City shall not owe any severance under this Agreement. Termination "for cause" may be for the following:
i. Violation of administrative policies and procedures; ii. Failure to properly perform assigned duties by the City Manager; iii. Theft of City property;
iv. Insubordination;
v. Conviction of a felony or misdemeanor relating to Riedeman's fitness to perform assigned duties;
vi. Unauthorized absence from employment;
vii. Failure to maintain satisfactory working relationships with other employees or the public;
viii. Improper use of City funds;
ix. Unauthorized use of City property;
x. Willful misconduct or malfeasance;
xi. Any act of moral turpitude;
xii. Other failure of good behavior, either during or outside of employment, such that Riedeman's conduct causes discredit to the City;
xiii. Upon the death of Riedeman; and
xiv. Permanent disability of Riedeman, or Riedeman becoming otherwise unable to perform the duties of Finance Director, by reason of sickness, accident, illness, injury, mental incapacity or health for a period of six (6) weeks following the exhaustion of all available leave balances and any applicable Family Medical Leave Act or California Medical Leave Act leaves, or where the Agreement for Employment of Finance Director
Between the City of Livingston and Jennifer Riedeman
9. same occurs for forty (40) working days over a sixty (60) working day period following exhaustion of such leaves.
Indemnification
The City shall defend, hold harmless and indemnify Riedeman against any tort, civil rights, personnel, discrimination, professional liability claim or demand or other legal action, whether groundless or otherwise arising out of an alleged act of omission occurring in the performance of Riedeman's duties in accordance with the provisions of California Government Code section 825. The City shall provide a defense in accordance with Government Code section 995. The City may decline to defend and/or indemnify Riedeman only as permitted by the California Government Code. The City may compromise and settle any such claim or suit and pay the amount of any settlement or judgment therefrom. In the event the City provides funds for legal criminal defense pursuant to this Section, Riedeman shall reimburse City for such legal criminal defense funds if Riedeman is convicted of a crime involving an abuse of office or position, as provided by California Government Code sections 53243-53243.4.
10. Notices
Notices pursuant to this Agreement shall be in writing given by deposit in the custody of the United States Postal Service, first class postage prepaid, and addressed as follows:
City Manager
City of Livingston
1416 C Street
Livingston, CA 95334
Riedeman:
Jennifer Riedeman
1416 C Street
Livingston, CA 95334
Agreement for Employment of Finance Director
Between the City of Livingston and Jennifer Riedeman
Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial process. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice, postage prepaid, with the United States Postal Service.
11. Bonding
The City shall bear the full cost of any fidelity or other bond required for the Finance Director position under any law or ordinance.
12. Professional Development
The City agrees to pay the professional dues, subscriptions, travel and other business expenses of Riedeman reasonably necessary for her continued and full participation in national, regional and local associations, professional organizations, government groups and committees thereof for the good of the City and desirable for continued professional growth and advancement, subject to the approval of the City Manager.
13. Miscellaneous
The text herein shall constitute the entire Agreement between the Parties. This Agreement supersedes any and all other agreements, between the Parties with respect to Riedeman's employment as Finance Director. This Agreement may not be modified, except by written agreement executed by both Parties and approved by the City Council.
If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.
This Agreement shall be governed by the laws of the State of California. The Parties agree that any ambiguity in this Agreement shall not be construed or interpreted against or in favor of either Party.
This Agreement may be executed in counterparts containing original signatures.
Agreement for Employment of Finance Director
Between the City of Livingston and Jennifer Riedeman
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written below.
RIEDEMAN:
DATED: 5/20/22 Digitally signed by Jennifer Riedeman
Date: 2022.05.20 09:20:15 -07'00'
Jennifer Riedeman, FINANCE DIRECTOR
CITY:
DATED: _____ _
Vanessa L. Portillo, CITY MANAGER
ATTEST:
Monica Cisneros, DEPUTY CITY CLERK
APPROVED AS TO FORM:
Tom Hallinan, CITY ATTORNEY
Agreement for Employment of Finance Director
Between the City of Livingston and Jennifer Riedeman
EXHIBIT A
Duties and Responsibilities
JOB SUMMARY:
Under the direction of the City Manager, plan, organize, control and direct organizationwide accounting and budgetary operations and activities including the review, evaluation, maintenance and adjustment of funds, budgets and accounts; coordinate and direct personnel, communications and record-keeping functions to meet organizational accounting needs and assure smooth and efficient fiscal activities; assist in planning, organizing, controlling and directing various City departments, activities and operations; assist in City Manager in directing the day-to-day activities of the City and with a variety of special projects; represent the City Manager in meetings and other events; supervise and evaluate the performance of assigned personnel.
ESSENTIAL DUTIES AND RESPONSIBILITIES:
• Supervise and evaluate the performance of assigned personnel; interview and select employees and recommend transfers, reassignment, termination and disciplinary actions; assign employee duties and review work to assure accuracy, completeness and compliance with established standards, requirements and procedures; assure staff understanding of established requirements.
• Direct the research, assembly and compiling of a variety of technical information related to department and program operations, services and functions; oversee the preparation and distribution of correspondence, fiscal documents and informational materials related to department activities.
• Communicate with administrators, personnel, vendors and outside organizations to exchange information, coordinate activities and programs and resolve issues or concerns.
• Operate a variety of office equipment including a calculator, computer and assigned accounting and related software.
• Attend and conduct a variety of meetings, conferences and trainings as assigned; attend and participate in various boards and committees; assist with collective bargaining activities as directed.
Finance Director:
• Plan, organize, control and direct organization-wide accounting and budgetary operations and activities including the review, evaluation, maintenance and adjustment of funds, budgets, fixed/assets, contracts, capital projects and accounts; assure fiscal activities comply with established laws, codes, regulations, internal controls, standards, requirements, policies and procedures.
• Coordinate and direct personnel, communications and record-keeping functions to meet organizational accounting needs and assure smooth and efficient fiscal activities; oversee the development and implementation of accounting programs, projects, internal controls, functions, goals, objectives and activities; assure proper and timely resolution Agreement for Employment of Finance Director
Between the City of Livingston and Jennifer Riedeman
of accounting issues, errors and discrepancies; keep the City Manager, City Council and City staff current regarding budgets, transfers, income and expenditures as appropriate. • Plan, organize, control and direct the monitoring, evaluation and reconciliation of organizational accounts, funds and budgets; coordinate, audit and direct the calculation, posting and adjustment of general ledger journal entries; coordinate, direct and approve accounting transactions such as purchase requisitions, bank stop-payment requests, check orders and requests; review, code and approve invoices for various departments. • Develop and prepare the annual preliminary Finance Department budget; collaborate with Department personnel and other administrators in the development and preparation of budgets for other departments; analyze and review related budgetary and financial data; control and authorize expenditures in accordance with established limitations; prepare revenue and expenditure projections; analyze financial data and prepare related forecasts and recommendations.
• Plan, organize, control and direct financial record-keeping, reporting and related auditing functions to assure accurate and timely accounting and reporting of organizational funds and accounts; direct and participate in the review and analysis of financial statements, records and reports to assure compliance with established guidelines, procedures and Generally Accepted Accounting Principles.
• Prepare and maintain a variety of complex and mandated financial and statistical records and reports; review and audit management and governmental reports for accuracy and completeness; assure accurate accounting of funds including income and expenditures; make appropriate adjustments; direct the reconciliation of various fiscal statements to assure accurate fund accounting.
• Provide oversight of cash collection, deposits and investments including the review approval of bank accounts reconciliations and review; assist with building permit fee calculations.
• Assist in Capital project management including overseeing City computer, network and database systems.
• Assist with grant applications, tracking and distribution of grant funds; assure proper review and approval of grant applications.
• Assure adequate personnel to meet organizational fiscal needs; initiate personnel transactions such as recruitment activities and employee transfers as appropriate; estimate labor and resources required for fiscal programs, services and projects; develop and implement new departmental positions according to fiscal needs as appropriate.
• Direct the preparation and maintenance of a variety of narrative, financial and statistical records, reports and statements related to accounts, funds, budgets, revenue, expenditures, reconciliations and assigned duties; assure mandated reports are submitted to appropriate personnel or governmental agency according to established timelines.
• Provide technical information and assistance to various administrators concerning accounting and budgetary activities, needs and issues; assist in the formulation and development of policies, procedures and programs.
Agreement for Employment of Finance Director
Between the City of Livingston and Jennifer Riedeman
OTHER DUTIES:
• Perform related duties as assigned.
QUALIFICATIONS:
To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill and/or ability required. The work environment characteristics and physical demands described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Knowledge of:
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Planning, organization and direction of organization-wide municipal finance, accounting operations and activities including the review, analysis, maintenance and adjustment of funds, budgets and accounts.
Principles and practices of public administration, including human resources, purchasing, risk management, payroll, grant management and the preparation, development, monitoring, review, analysis, maintenance and adjustment of City funds and accounts.
Practices, procedures and techniques involved in the development and implementation of City-wide programs, projects, functions, long-term/short-term planning, services, goals, objectives, systems, and activities.
Applicable local, state and federal laws, codes, ordinances, regulations, policies and procedures.
Municipal organization, operations, policies and objectives .
Accounting and fiscal systems, policies, procedures and practices .
Generally accepted accounting, fiscal and auditing principles, practices and procedures, including GASB, GAAP, and FASB.
Preparation, analysis, review, and control of assigned accounts .
Theory and application of budgetary planning and control.
Financial and statistical record-keeping techniques .
Governmental accounting and fiscal management functions .
Preparation of financial statements and comprehensive accounting reports .
Principles and practices of administration, supervision, and training .
Financial analysis and projection techniques .
Operation of a variety of office equipment including a computer and assigned accounting and related software.
• Oral and written communication skills.
• Public relations techniques.
• Interpersonal skills using tact, patience and courtesy.
Ability to:
• Plan, organize, control and direct various City departments, activities and operations, including organization-wide accounting and budgetary operations and activities related to the review, evaluation, maintenance and adjustment of funds, budgets and accounts. • Coordinate and direct personnel, resources, fiscal activities and communications to meet City needs and assure smooth and efficient fiscal activities.
Agreement for Employment of Finance Director
Between the City of Livingston and Jennifer Riedeman
• Provide direction to department managers and other key staff in areas related to development, budget, and policy issues.
• Maintain accurate financial and statistical records and prepare comprehensive accounting reports.
• Supervise and evaluate the performance of assigned personnel. • Analyze financial data and prepare reports, forecasts, and recommendations. • Negotiate, review, and administer complex contracts.
• Establish and maintain timelines and priorities.
• Collaborate with other administrators in the development and preparation of organization-wide budgets.
• Assure accurate accounting of funds including income and expenditures. • Participate in the development and implementation of City programs, policies and procedures.
• Provide consultation and technical expertise concerning accounting operations and related functions.
• Interpret, apply and explain rules, regulations, policies and procedures. • Communicate effectively both orally and in writing.
• Establish and maintain cooperative and effective working relationships with others. • Analyze situations accurately and adopt an effective course of action. • Meet schedules and timelines.
• Work independently with little direction.
• Plan and organize work.
Education and Experience:
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities is:
• Bachelor's degree in accounting, finance, business administration, public administration, or related field.
• Seven (7) years increasingly responsible accounting experience involving the review, analysis, maintenance and adjustment of a variety of funds, budgets and accounts including two (2) years in an administrative capacity in municipal or government operations.
Desirable Licenses, Certifications and other Requirements:
• Certified Public Accountant (CPA) is desirable but not required. • Master's degree in accounting, finance, business administration, public administration, or related field is desirable but not required.
WORKING CONDITIONS:
Work Environment:
• Indoor/Office environment.
• Evening or variable hours.
• Fast-paced environment with changing priorities.
Agreement for Employment of Finance Director
Between the City of Livingston and Jennifer Riedeman
Physical Demands:
• Dexterity of hands and fingers to operate a computer keyboard. • Seeing to read a variety of materials.
• Hearing and speaking to exchange information and to make presentations. • Bending at the waist, kneeling or crouching to retrieve and file materials. • Sitting for extended periods of time.
The information contained in this job description is for compliance with the Americans with Disabilities Act (A.D.A.) and is not an exhaustive list of the duties performed. 3431338.1
Agreement for Employment of Finance Director
Between the City of Livingston and Jennifer Riedeman
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
STAFF REPORT
Discussion and Direction for Fireworks and Training & Travel Adjustments
June 7, 2022
Vanessa L. Portillo, City Manager
RECOMMENDATION:
It is recommended the City Council review the information presented and provide further direction to staff regarding Fireworks and Training & Travel budget adjustments.
BACKGROUND AND OVERVIEW:
The City Council requested staff to look into bringing a fireworks show as a 4th of July Celebration. Before the pandemic restrictions, a fireworks show was put together by the 4th of July Commission in conjunction with the City. Although, the 4th of July Commission would fundraise and try to self-fund the fireworks event; the City would cover overages above and beyond the sponsorships. Historically, the City's contribution would be around $10 thousand for the fireworks show event. Given the increase in costs for labor and supplies, the City is estimating around $15 thousand for a small fireworks display or around $30 thousand for a display consistent with prior years. The 4th of July Commission is agreeable to put this event for 2022 and will fundraise to cover expenses related to the event's food and beverages. The event is scheduled to take place on Sunday July 3, 2022.
In addition, in Fiscal Year 2021/22, Training and Travel accounts in the General Fund did not account for trainings and/or conferences to return to in-person meetings. With more in-person trainings taking place, additional funds need to be budgeted for the General Fund, Elected Officials Department. The budget increase will not exceed $15 thousand and it is comparable to the pre-pandemic actual expenditures in the Travel and Training budget line.
FISCAL IMPACT:
The request for funding of a Fireworks Show is expected to have a fiscal impact not to exceed $30 thousand combined with a not to exceed fiscal impact of $15 thousand for additional Training and Travel expenses totaling $45 thousand. These expenditures will be mitigated by salary and operational savings within the General Fund. 1