4. RETIRED ANNUITANT STATUS. It is intended that at all times Annuitant’s post-retirement employment shall be in compliance with all laws governing employment of CalPERS retired annuitants, including without limitation Government Code sections 7522.56 and 21221(h). Annuitant understands that she is solely responsible for monitoring her hours worked and ensuring that she does not work more than 960 hours in a fiscal year (including work performed prior to execution of this agreement and work performed for other employers participating in CalPERS).
5. SERVICES TO BE PERFORMED BY ANNUITANT - INTERIM POLICE CHIEF. Annuitant shall perform the duties of Police Chief as provided in Exhibit A, attached herein and incorporated by reference.
6. COMPENSATION. City shall pay Annuitant for her services hereunder as Interim Police Chief and Annuitant shall accept, as full and complete compensation for said services, the sum of one hundred thirty-five dollars and forty-three cents ($135.43) per hour. Annuitant shall receive no other payment, benefit, or remuneration other than her hourly wage for her services. There shall be no deductions from Annuitant’s wages for health insurance (including medical, dental, vision care, life, disability), no overtime, no vacation, or any other similar benefits of whatever kind or nature.
7. INDEMNIFICATION. City agrees, in the event Annuitant is named as a defendant in a civil action arising from or as a result of her performance of duties as Interim Police Chief, to provide Annuitant such indemnification benefits as are required to be provided to an employee of the City under the laws of the State of California, including the provisions of Government Code Section 825 et seq. and 995 et seq. This provision shall not apply with respect to any intentional tort or crime committed by Annuitant, or any actions outside the course and scope of the performance of her job duties pursuant to this Agreement.
8. RESERVED.
9. RESERVED.
10. UNEMPLOYMENT INSURANCE. Annuitant certifies that she has not received any unemployment insurance payments in the past 12 months.
11. ENTIRE AGREEMENT. This Agreement supersedes any and all other agreements, either oral or in writing, between the Parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding unless in writing and signed by both Parties.
12. GOVERNING LAW. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the Parties hereunder, shall be governed by the laws of the State of California and any action concerning the terms of this Agreement shall be heard in the Superior Court of the County of Alameda.
13. SEVERABILITY. Should any part, term or provision of this Agreement be declared invalid, void or unenforceable, all remaining parts, terms and provisions hereof shall remain in full force and shall in no way be invalidated, impaired, or affected thereby.
14. ASSIGNMENT. The Parties agree that the expertise and experience of Annuitant are material considerations for this Agreement. Annuitant shall not assign, transfer, or subcontract any interest in this Agreement, nor the performance of any of Annuitant's obligations hereunder.
15. TERMINATION. Annuitant understands that she is an at-will employee, and that the employment may be terminated by Annuitant or City at any time, for any reason, or for no reason at all. The City's right of termination shall be in addition to all other remedies available under law to the City.
16. WAIVER. Waiver by City of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by City of the performance of any work or services by Annuitant shall not be deemed a waiver of any term or condition of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.
City of Newark
A California Municipal Corporation
DATED: By:
David J. Benoun
City Manager
Approved as to Form:
Kristopher J. Kokotaylo
City Attorney
Annuitant
DATED: By:
Gina Anderson
EXHIBIT "A" - SCOPE OF SERVICES ATTACHED
(Police Chief Job Specification)
Police Chief class specification Page 1 of 4
Police Chief
Class Specification
Revised 9/23
Class ID: 670
Unit: MGMT
Probation: At-Will
FLSA: Exempt
DEFINITION
Under administrative direction, directs the activities and operations of the Police Department; develops plans, goals, and objectives to improve departmental services and optimize resource utilization; advises the City Manager on matters pertaining to departmental programs and law enforcement; participates as a member of the City Manager's Executive Team in the consideration of general City policies, programs and concerns; and performs related duties as assigned.
SUPERVISION RECEIVED AND EXERCISED
Receives administrative direction from the City Manager. Exercises direct supervision over Police Captains, and general supervision over department management, supervisory, professional, technical, and clerical personnel.
DISTINGUISHING CHARACTERISTICS
This is an executive level, at-will department director classification reporting to the City Manager and providing complex professional and technical assistance to the City Manager in areas of expertise. The Police Chief oversees, directs, and participates in all law enforcement activities, including short- and longterm planning as well as development and administration of departmental policies, procedures, and services.
EXAMPLES OF JOB FUNCTIONS (Illustrative Only)
Plan, organize, and direct all activities of the Police Department providing police protection and law enforcement to the City; direct the enforcement of state regulations, laws, codes, and local ordinances relating to law enforcement; recommend and assist in preparation of ordinances.
Develop, prepare, and implement Department budget and work program, Department policies, procedures, rules, and regulations for all departmental field and administrative work.
Manage the selection, development, training, and discipline of personnel; select officers for special assignments and training; evaluate, review, and ensure completion of Department personnel performance evaluations for all department employees; oversee internal affairs investigations; recommend and implement corrective or disciplinary action.
Review and analyze criminal statistics, City growth patterns, legislation, court decisions, developments in the field of crime prevention and detection, police organization and management techniques and related matters.
Contribute to the overall quality of the Department’s service by developing, reviewing and implementing policies and procedures to meet legal requirements and City needs; continuously monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; assess and monitor the distribution of work, support systems and internal reporting relationships; identify opportunities for improvement; direct the implementation of change.
Prepare, direct, or supervise the preparation of proposals, reports, and special studies concerning Department activities.
Police Chief class specification Page 2 of 4
Resolve citizen complaints or issues; and work with local schools and community groups to promote law enforcement programs and to develop lines of communication with various segments of the community.
Attend and represent the Department and the City at a variety of meetings and conferences; coordinate collaborative activities with City departments, outside organizations, and other law enforcement agencies; make presentations before public and professional groups, the City Council and other municipal boards and commissions; and provide highly complex staff support and serve as technical and policy advisor to the City Manager, City Council, and civic groups.
Perform related duties as assigned.
QUALIFICATIONS
Knowledge of:
• Theories, principles and practices of police administration in a municipal organization; organizational and management practices as applied to the analysis and evaluation of projects, programs, policies, procedures and operational needs.
• Laws and court decisions affecting police departments. • Principles, practices, methods, and techniques of public administration and management of a police department.
• Department policies, rules, and regulations, and of controlling laws and ordinances. • Organization and function of county, state, and federal enforcement, regulatory, and licensing agencies.
• Use of police records and their application to the solution of police cases and problems. • Principles and practices of leadership, supervision, and motivation • Applicable Federal, State, and local laws, regulatory codes, ordinances, Department regulations and rules, and court decisions; Peace Officers Bill of Rights. • Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.
• The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
• Computer and computer applications.
Skill or Ability to:
• Plan, schedule, supervise and review the work of professional, technical, and clerical employees in a manner conducive to full performance and high morale. • Select, train, motivate and evaluate assigned staff.
• Effectively represent the Police Department by providing administrative, management, and professional leadership to the City, divisions, and programs. • Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
• Develop plans and ensure adequate resources to meet needs for police services within the community.
• Effectively lead personnel, maintain composure, exercise sound judgment and resourcefulness, and ensure the safety of others in unusual, stressful, and emergency situations. • Establish and maintain effective working relationships with public law enforcement officials, other employees, and the general public.
• Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
Police Chief class specification Page 3 of 4
• Prepare and direct the preparation of comprehensive reports, budgets, departmental materials, and correspondence.
• Make persuasive presentations of ideas concepts and recommendations. • Develop, implement, and interpret goals, objectives, policies, procedures, work standards and internal controls.
• Represent the City effectively in meetings with others. • Exercise tact and professionalism in dealing with a variety of people from different educational, cultural, and socio-economic backgrounds.
• Operate specialized law enforcement equipment and vehicles in a safe and responsible manner.
• Effectively use computer systems, software applications, and current business equipment to perform a variety of work tasks.
• Respectfully and effectively collaborate with a variety of people of varying backgrounds and roles. Demonstrate tact, professionalism, and diplomacy.
Education and Experience:
Any combination of education and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
Possession of a Bachelor’s degree from an accredited college or university with major study in Police Science, Criminal Justice, Public or Business Administration or a related field, and ten (10) years of broad and extensive experience in all major areas of police work including five (5) years in a command position with a municipal law enforcement agency. A Master’s degree is desirable.
License and Certificate:
• Possession of a valid California driver license and a satisfactory driving record throughout employment.
• Possession of P.O.S.T. Basic, Intermediate, Advanced, and Management Certificates. • Current and valid Certification to hold office and be employed as a Peace Officer in California per Government Code §1029, 1031, 1031.4, and Commission Regulations §1950-1955.
PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; maintain P.O.S.T. physical standards, including mobility, physical strength, and stamina to respond to emergency situations and apprehend suspects and to operate a motor vehicle and visit various city locations; vision to maintain firearms qualification and to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone or radio. The job involves knowledge and use of firearms and other weapons, chemical agents, and restraint devices. Fieldwork requiring frequent walking on uneven terrain and climbing and descending structures to access crime scene and to identify problems or hazards. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate police services equipment. Positions in this classification frequently bend, stoop, kneel, reach, and climb to perform work and inspect work sites. Employees must possess the ability to lift, carry, push, and pull materials and objects necessary to perform job functions.
ENVIRONMENTAL CONDITIONS
Employees work indoors and outdoors, and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, vibrations, confining workspace, chemicals, mechanical and/or electrical hazards, hazardous materials, and to potentially infectious materials such as bodily Police Chief class specification Page 4 of 4
fluids including blood, transmissible diseases and needles. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. The principal duties of this class are performed in a police station environment with exposure to criminal offenders, mentally ill individuals, and persons potentially infected with communicable diseases. Willingness and ability to work any shift; work holidays, weekends, scheduled and emergency overtime; be available on call, as required. Wear uniform or professional business attire required; comply with departmental grooming standards.
Item G. 1.
DATE 12/14/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Approval of motion appointing Vice Mayor and resolution authorizing the Vice Mayor to execute financial documents
During the latter part of the year, the City Council reorganizes by appointing one of its members to serve as Vice Mayor. After the Vice Mayor has been selected, a resolution authorizing the Vice Mayor to sign and endorse checks, warrants, and other instruments will need to be approved by the City Council.
It is recommended that the City Council: (1) by motion, appoint one of its members as Vice Mayor; and (2) by resolution, authorize the signing and endorsing of checks, warrants, and other instruments.
Attachments
Resolution
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AUTHORIZING SIGNING AND ENDORSING
CHECKS, WARRANTS, AND OTHER INSTRUMENTS
WHEREAS, the US Bank, Fremont Office, is heretofore selected as a depository of the City’s funds;
NOW, THEREFORE, BE IT RESOLVED that checks or warrants withdrawing funds from said depositories must have two signatures and may be signed by Michael K. Hannon, Mayor; or by , Vice Mayor; or by David J. Benoun, City Manager; or by Krysten Lee, Treasurer; or by Lenka Hovorka, Assistant City Manager of the City of Newark; BE IT FURTHER RESOLVED that the US Bank, Fremont Office, and Fremont Bank, Fremont Office, are authorized to honor and pay all the checks and warrants to the City of Newark, signed as provided herein, whether or not payable to the person or persons signing them; and that checks, warrants, drafts, bills of exchange and other evidence of indebtedness may be endorsed and deposited to the account of the City of Newark, by and of the foregoing or any other employee or agent of the City of Newark, and may be endorsed in writing or by stamp, with or without the designation of the person so endorsing; BE IT FURTHER RESOLVED that the Protectograph Certifier signature impression of the Mayor, Michael K. Hannon; the Vice Mayor, ; the City Manager, David J. Benoun; the Treasurer, Krysten Lee; and the Assistant City Manager, Lenka Hovorka shall be deemed their manual signatures for the purposes specified in this resolution; BE IT FURTHER RESOLVED that all previous resolutions authorizing persons to sign checks on behalf of the City are hereby rescinded and no persons other than those set forth in this resolution are authorized to sign checks or other evidence of indebtedness on behalf of the City of Newark after said date.
Item G. 2.
DATE 12/14/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Adopt a resolution confirming the Mayor's appointments to various agencies, boards, commissions, and committees
On a yearly basis, the Mayor appoints City Council Members to various agencies, boards, commissions, and committees. The current appointments are listed for reference in the table below. The City Council should review the annual assignments and decide if they would like to make any changes for the upcoming year.
Mayor Hannon is the City’s representative on the Housing Commission of the Housing Authority of the County of Alameda (Housing Authority). This assignment is not listed because he was reappointed in 2021, by the Alameda County Board of Supervisors, to a four-year term that expires on January 1, 2025.
Alameda County Fire Advisory
Commission
Council Members Bucci and
Collazo – delegate and
alternate
Alameda County Library Advisory
Commission
Council Members Collazo and
Jorgens – delegate and
alternate
Alameda-Contra Costa Transit
District Policy Advisory Committee
Council Member Bucci and
Mayor Hannon - delegates
Alameda County Transportation
Commission
Council Members Freitas and
Collazo – delegate and
alternate
Alameda County Waste
Management Authority
Board/Stopwaste.org
Mayor Hannon and Council
Member Freitas - delegate and
alternate
Association of Bay Area
Governments (ABAG)
Council Member Bucci and
Mayor Hannon - delegate and
alternate
Ava Community Energy formerly
East Bay Community Energy Board
of Directors
Council Member Jorgens and
Mayor Hannon – delegate and
alternate
Community Development Advisory
Committee
Mayor Hannon and Council
Member Freitas – delegates
Dumbarton Rail Policy Advisory
Committee
Council Members Bucci and
Jorgens - delegate and
alternate
Newark City Council – Board of
Education Liaison Committee
Council Members Collazo and
Jorgens – delegates
Tri-City Elder Coalition Mayor Hannon - delegate
Senior Citizen Standing Advisory
Committee
Mayor Hannon delegate and
chairperson
Southern Alameda County
Geographic Information System
Authority
Mayor Hannon and Council
Member Jorgens - delegate
and alternate
Tri-City Waste Facility Financing Mayor Hannon and Council Member Jorgens - delegates
.
It is recommended that the City Council, by resolution, approve the appointments to the various agencies, boards, commissions, and committees.
Attachments
Resolution
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK CONFIRMING THE MAYOR’S APPOINTMENTS
TO VARIOUS AGENCIES, BOARDS, COMMISSIONS, AND
COMMITTEES
WHEREAS, the Mayor of the City of Newark has appointed representatives to the following agencies, boards, commissions, and committees:
Alameda County Fire Advisory
Commission
delegate and alternate
Alameda County Library Advisory
Commission
delegate and alternate
Alameda-Contra Costa Transit District
Policy Advisory Committee
delegates
Alameda County Transportation
Commission
delegate and alternate
Alameda County Waste Management
Authority Board/Stopwaste.org
delegate and alternate
Association of Bay Area Governments
(ABAG)
delegate and alternate
Ava Community Energy formerly East Bay
Community Energy Board of Directors
delegate and alternate
Community Development Advisory
Committee
delegates
Dumbarton Rail Policy Advisory
Committee
delegate and alternate
Newark City Council –Board of Education
Liaison Committee
delegates
Tri-City Elder Coalition delegate
Senior Citizen Standing Advisory
Committee
delegate and chairperson
Southern Alameda County Geographic
Information System Authority
delegate and alternate
Tri-City Waste Facility Financing delegates
.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby approves the Mayor’s appointments.