February 11, 2025
Agenda Item No. 16
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
Grace K. Leung, City Manager - 949-644-3001, [email protected] PREPARED BY:
Sarah Rodriguez, Human Resources Manager - 949-644-3301, [email protected] TITLE:
Employment Agreement for City of Newport Beach Police Chief ABSTRACT:
Following an open recruitment process, the City Manager selected David Miner for the position of Police Chief. The proposed Employment Agreement (Attachment A), outlining the terms and conditions of employment for the Police Chief, is presented for the City Council’s consideration.
RECOMMENDATIONS:
Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and Authorize the City Manager to Execute an Employment Agreement Between the City of Newport Beach and David Miner for Police Chief Services.
DISCUSSION:
In anticipation of the retirement of Police Chief Joseph Cartwright, the City Manager initiated an open recruitment to fill the vacancy, as provided in Municipal Code section 2.24.100 regarding the selection of public safety chiefs (Police and Fire). Candidates for the Police Chief position participated in a qualifications approval process, and at the conclusion of the process, the City Manager selected David Miner (Miner) as the new Police Chief. Miner brings extensive executive, administrative, and operational skills to the position; he has vast knowledge and experience working in the City of Newport Beach; he has worked in the Police Department for over 20 years, and he has been serving as the Assistant Police Chief since May 6, 2023.
As outlined in Attachment A, the term of the proposed Employment Agreement is five years and shall terminate on February 28, 2030. In addition to the benefits provided to all employees in the Executive Management category of the unrepresented Key and Management Group, the proposed Employment Agreement for Miner provides for the following:
Compensation: The City agrees to pay Miner an annual base salary of $270,478.
Adjustments to Compensation: Miner will receive increases in compensation consistent with the cost of living increases provided for in the Police Management Association (PMA) pursuant to its Memorandum of Understanding.
Scholastic Achievement Pay: As provided in the City’s Key and Management Compensation Plan, as amended, (“Compensation Plan”) and the NBPMA MOU, safety employees are paid Scholastic Achievement Pay for various levels of scholastic achievement. Likewise, Miner shall be entitled to additional Scholastic Achievement Pay, contingent upon scholastic achievement.
Annual Uniform Allowance: The City will report the value of uniforms provided to Miner at $1,350 per year, which is intended to reflect expenses for pants, shirts, jackets, and related attire, consistent with other employees in the Police service.
Annual Physical Exam: The City will reimburse Miner for the actual cost of an examination, up to a maximum of $1,000.
Severance: If terminated without cause, the City will pay Miner six (6) months’ base salary, plus medical benefits if applicable.
PERS: Miner will contribute 13.1% of compensation earnable towards PERS. His contributions will be tied to the PMA retirement contributions, which are scheduled to increase to 14.6% in January 2026.
LIUNA Supplemental Pension Fund. Miner will remain enrolled in the Laborers International Union of North America (LIUNA) Supplemental Pension Fund (Plan). He is responsible for all costs and contributions in association with his participation in the Plan. His current contribution is 3.22%.
Flex Leave: Miner will accrue leave at the rate of 9.69 hours per pay period.
Other benefits, including cafeteria allowance, medical, dental and vision insurance, disability coverage, life insurance, and retiree health savings, shall be provided in the same manner as received by other employees in the Key and Management Group.
Human Resources and Finance Department staff will work to implement the terms of the Employment Agreement once it is fully executed.
FUNDING REQUIREMENTS:
The adopted budget includes sufficient funding for the Employment Agreement.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A – Employment Agreement
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Employment Agreement for City of Newport Beach Police Chief February 11, 2025
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