APPROVED AS TO FORM AND LEGALITY2023 JAH 26 PH f: jg
OFFICE OF7fef?|TVCLFBlt
OAKLAND LERK
ITY ATTORNEY'S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. 8 9 5 6 2 * C.M.S.
INTRODUCED BY HONORABLE MAYOR SHENG THAO
RESOLUTION (1) CONFIRMING THE MAYOR’S APPOINTMENT OF G.
HAROLD DUFFEY AS INTERIM CITY ADMINISTRATOR FOR THE
PERIOD COMMENCING ON JANUARY 31, 2023, AND ENDING AT
MIDNIGHT ON MARCH 12, 2023 OR SUCH EARLIER DATE AS THE
MAYOR TERMINATES THE APPOINTMENT; AND (2) AUTHORIZING
THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT ON
BEHALF OF THE CITY WITH G. HAROLD DUFFEY
WHEREAS, Oakland City Charter Article III, Section 305(e), among other things, grants the Mayor the power to “appoint the City Administrator, subject to confirmation by the City Council” and to remove the City Administrator after providing the Council notice thereof; and
WHEREAS, City Administrator Edward D. Reiskin (“Reiskin”) has given notice that Reiskin will vacate the position of City Administrator upon the termination of Reiskin’s City Council-approved employment agreement at midnight on January 30, 2023; and WHEREAS, the Mayor wishes to appoint City of Oakland Director of Public Works G. Harold Duffy (“Duffey”) as Interim City Administrator, subject to City Council approval, for the period commencing on January 31, 2023 and ending at midnight on March 12, 2023; and
WHEREAS, the Mayor has initiated a search process to recruit and hire a new City Administrator to serve the City of Oakland, however a new person will not be selected by January 30, 2023; and
WHEREAS, Duffey has been identified as the best candidate for the interim appointment for this period in light of Duffey’s more than 30 years of administrative and managerial experience in municipal government, including: Duffy’s current service as Oakland’s Director of Public Works (since 2021), as City Manager of the City of Grand Terrace (2015-2021), as City Manager of the City of Compton (2012-2014), as City Administrator of the City of Oroville (2010-2012), as Chief Assistant Director of the Yolo County Planning, Community Development and Public Works Department (2006-2010), as General Manager of the Integrated Waste Management Division of the City of Sacramento’s Department of Utilities (2000-2006), and in positions with the City of Riverside (1992-2000) and San Bernadino County (1988-1992); and
WHEREAS, pursuant to Article IV, section 400 of the Charter of the City of Oakland, the City Administrator may be hired by contract for a term not exceeding four years, provided that no such contract shall prevent the Mayor removing the City Administrator at any time; and
WHEREAS, pursuant to Article III, section 305(e) of the Oakland City Charter, Mayor Thao has appointed Duffey as Interim City Administrator for the period of January 31,2023 through midnight on March 12, 2023, subject to confirmation by the City Council and subject to Mayor’s Thao’s power under the City Charter to remove Duffey at any time; and
WHEREAS, Mayor Thao’s appointment of Duffey as Interim City Administrator is for the purpose of providing continuity until the Mayor completes the recruitment process for a City Administrator; now, therefore, be it
RESOLVED: That the City Council hereby confirms Mayor Thao’s appointment of G. Harold Duffey to serve as Interim City Administrator for the period of January 31,2023 through midnight on March 12, 2023; and be it
FURTHER RESOLVED: That the Mayor hereby is authorized to execute an employment agreement with G. Harold Duffey for a monthly salary of thirty-one thousand, seven hundred twenty dollars and twenty cents ($31,720.20) which is within the range for the City Administrator under the City’s salary ordinance and including the terms set forth in Exhibit A to this Resolution, for the period of January 31, 2023 through midnight on March 12, 2023; and be it
FURTHER RESOLVED: That funding for the contract will be drawn from the budget for the vacant City Administrator position; and be it FURTHER RESOLVED: That the agreement and other actions authorized hereunder shall be reviewed and approved by the City Attorney for form and legality prior to execution and filed with the Office of the City Clerk.
IN COUNCIL, OAKLAND, CALIFORNIA,
JAN 31 2023PASSED BY THE FOLLOWING VOTE:
AYES- FIFE, ; JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
P
NOES-
aABSENT-
ABSTENTION -0
' ~ 4SHA REED
City Clerk anaClerk of the Council of
the City of Oakland, California
3235081v1
2 EXHIBIT A
Employment Agreement
This Employment Agreement (“Agreement”) is made and entered into on January 31, 2023 by the City of Oakland (“City”) and G. Harold Duffey (“Duffey”). The City and Duffey are sometimes referred to in the Agreement individually as the “party” and collectively as the “parties.”
Section 1. Position.
The City agrees to appoint Duffey, City of OajM^Director of Public Works since 2021, as Interim City Administrator effective Janu4fl^fe023. The purpose of Duffey’s appointment is to provide continuity in light of th&^|^atiorlhcity Administrator Reiskin’s employment agreement effective at midnigjBWi Januaryr®k2023, while the Mayor completes the search for, and the CdflMT confirms the^mDointment of a City Administrator. Pursuant to City Charter sl^Li 902(a), the City Administrator position is not a civil service classification and is not suBferi to th^^kland Civkervice Rules. In accord with City Charter sectionJ504(m), Duffla^^Hevote DuffeyHketire time and attention to rendering services tcmH^ty requirecMWe position of City and shall not be employed by, retained by, consultWM^^ide servicijjnto, or represent any other person or public or private entity.
A. Duffey SMLbe p ask accord inHp the current City Administrator salary ordinance raMe on^Bmonthly iBkis a salary in the amount of thirty-one jdsevtM^pB^Ignty omits and twenty cents ($31,720.20). The ■htary sflRe payBBfene^brdance with the City’s payroll policies fess all reqBMjl wiUmWings arB^^ductions.
jey will conrAe to employee benefits, including but not limited to , dental, vfyBn ancrwecutive employee level benefits provided by the Section 2.
B.
ITT
City
C. Duffey wmH
Administrate
Memoranda
collective bargaining units, which may be modified by a successor MOU, or City policies, including but not limited to vacation, management, executive and sick leave, provided that Duffey’s accrual and compensation for such leave shall not be less than the compensation Duffey was accruing and receiving as City of Oakland Director of Public Works.
avid receive compensation for any leave for which the City BHon is eligible in accordance with the provisions of the Understanding (“MOU”) between the City and its various
ri
D. Duffey will receive seven hundred and fifty dollars ($750) Auto Allowance per month.
1 E. Duffey will continue to be enrolled in CalPERS retirement system.
Section 3. Deferred Compensation.
The City shall not provide any matching of deferred compensation.
Section 4. Term and Termination of Employment.
A. This Employment Agreement shall be for the term commencing on January 31, 2023 and ending at midnight on March 12, 2023^Term”), subject to the parties acknowledgement and agreement that tU^K)reement will terminate at midnight on March 12, 2023 or such earliadBffe as the Mayor terminates this agreement, at which time Duffey will raJj^^^uffey’s position of Director of Public Works.
B. Pursuant to the Oakland Citv^MTter section 3!ll|y and 400, the City Administrator serves at the Ma^^Lpleasure; howeveiTm^City Administrator may be hired by contract for a termB^exce^tag four yeaffiuDrovided that no such contract shall pre^nt the MaycffiH^naJjj^roving the Ciijfcdministrator at any time. Accordingly^p|jyiayor may raHBPSte this agreemem with Duffey at any time with or withouBSmcause ancfcjthout prior notice. If the Mayor terminates this Ag reeme«Dun®MIIbe ennfclsolely to any accrued unpaid compensationorovided uMstr thiP^ceememMO to the effective date of terminatioofflpm^reemeiwless aJpMjred wlpholdings and deductions; Duffey vg®Rbeafced to ai^k^fflmcellw^ other payments of any kind; and Dutngll revemk Duffey^Wrtion as Director of Public Works. tey decm^^pH^B^nly^Brminate his position as Interim City ^^Kph a 11pl|||^tntpc ity with two weeks (14 days) advance ritten ncJ^^jnleslIfee MayuWyie Mayor’s sole judgment and discretion aives this rl^e re^wrient. Upon the effective date of termination of the ■eeement. DuBk sharflfcceive only the unpaid accrued compensation to Duffey is erlred unaePthis Agreement and will revert to Duffey’s position itor of PubfflwVorks.
C.
wl
as
D. In the ev^
beneficiarie;
fj dies during the Term of this Agreement, Duffey’s
e entitled to his estate, shall be entitled to Duffey’s accrued unpaid compensation up to the effective date of his death, less all required withholdings and deductions and any other compensation Duffey would be entitled to in Duffey’s position as Director of Public Works.
Section 5. Auto Allowance and Parking.
During the Term of this Agreement, the City shall provide an assigned parking space at an adjacent garage-. Duffey is entitled to reimbursement for parking expenses Duffey incurs in the course of performing Duffey’s duties under this Agreement. 2 Section 6. Telecommunication.
During the Term of this Agreement, Duffey will continue to be eligible to receive at City expense a smart phone with email and cell service, internet service, and a laptop computer with the capacity for remote access.
Section 7. Professional Membership/Conference Attendance.
A. The City will continue to pay for professional dues and/or subscriptions that the City heretofore has paid for Duffey as Directorj^Public Works.
B. The City will pay for Duffey’s travel and a^^Rtence expenses for legitimate City business purposes, provided th|^BH^k provides documentation to support such expenses.
(^flential InformatioMk
The Parties acknowledge that as InteWn^ity Acyftjnistrator, oBfey is the highest appointed official and an officerj^the City. flBja^mpacity Duffy raBk^ponsible for, among other things, executing aiBbforcing all laSHPfcl City policies ana administering the City’s affairs, controlling and aoHMftgng the Ciqminancial affairs, and supervising, purchasing, and contracting for the^kv^Mfev ackn^^^es that, solely by reason of entering into this Agreement and emraKmennHtttyre CitWky Confidential Information, as defined below, ma^mn^overed mAcdiscJflP^yDuff^PDuffey agrees that Duffey shall not at any tidH^inalmTiannei^BUb^Pnrec^H^indirectly, whether or not for compensation, use^awlge, dispse or cSHnicate toany person, firm, corporation or any other entity in an^MnnenBatsoeven^Confidential Information concerning any matters affg^ja^orrelaMj^mp^teess ^mty except for the benefit of the City and only wiUj^^M|l|^^writ^8ErrnisslMLCitfpfter the termination of his employment with tlflMty. SucnQ^^enliUnformatiol^cludes but is not limited to, attorney-client privilegSk. commumc^mns, ^^wifidential and privileged closed session commumo»Ms/records^Bkiden11|®tfion of any of City's licensees, sub-licensees, or any of the iMknation conoAaing thewusiness of the City, its manner of operation, its plans, and/or CTmtproprieta™data where such information is not publicly known and is not otherwise suBjiSLto publflrispection or disclosure.
Section 8. Non-Disclosure of C
Section 9. Coi Interest.
Duffey agrees that during or after the Term of this Agreement, he will not, directly or indirectly, participate in or in any way represent, provide advice or input or any other information or assistance/advice to any party who is negotiating with the City any agreement, seeking award of any contract or seeking any grant, permit or any other benefits or who is in an adversarial posture with the City if Duffey was privy to and/or was involved in any manner in such matter or if his administration was responsible for evaluating, drafting, negotiating, making recommendations regarding such matter on behalf of the City during his employment with the City. 3 Section 10. Non-Disparagement.
Duffey agrees that during and after the Term of this Agreement, Duffey will not make disparaging remarks, nor take any action that is intended, or would reasonably be expected, to harm the City or its reputation or that would reasonably be expected to lead to unwanted or unfavorable publicity to the City, its officers, employees and officials. "Disparaging remarks, comments or statements” are those that impugn the character, honesty, integrity, morality or business acumen or abilities in connection with any aspect of the operation of the City.
Section 11. Interpretation of Agreement.
This Agreement shall be governed by, coj^p^Btand enforced pursuant to the laws of the State of California. Any dispute recwnSng thJBkrpretation or application of this Agreement and any action to enforce orumplret this AgrWtaent shall be resolved by binding arbitration. In the event of a dispufflWrween Duffey uraBlke City with respect to the interpretation of this Agreement or any^Kaed breach of this Agrawrient which cannot be settled amicably by agreement of the ]Mges, th^Wispute sra^ae submitted to arbitration by a single arbitrator mutually agre^Btobgpliffey and the^fey. The award shall be final, binding and condH^and mayl^H^red in the highest court having jurisdiction. Each of the Parties^Bfctojbitration i^Kyant to this paragraph shall be responsible for paying their own att«bvf®tegand cos^pAny arbitration shall take place in the City of Oakland<County of^kmeaSwUae Pank^expressly consent to the jurisdiction and venuBBpBjled in tl^^ectijjp|^|vaivejrany defenses to lack of jurisdiction orven«Br
!. bWfe Agi^Bnent.
Jjjppi^BM^Dt siMBBedesawl agreements, either oral or written, betweaBBie partiesVlk resf^^to the rS^ring of services to the City by Duffey. It contairW||| of the repre®W.atiorlBtejovenants and agreements between the parties with respect tomkjffey’s servnL E^koarty to this Agreement acknowledges that no representatiSmMnducemenBkpromi^R or agreements, orally or otherwise, have been made by any pSfkkor anyon«|cting on behalf of any party that are not contained in this Agreement. NollB^ment.^Btement or promise not contained in this Agreement shall be valid or binding^^^kJ^P
Section 13. Modnfcation.
Section 12
Any modification of this Agreement shall be effective only if it is in writing and signed by all parties to this Agreement.
Section 14. Severability.
If any part of this Agreement is determined to be invalid, unlawful or unenforceable, that part shall not be deemed to be part of this Agreement. 4 Section 15. Survival of Certain Provisions.
The provisions of Sections 8, 9, 10, and 11 shall survive the expiration or other termination of this Agreement.
Section 16. Counterparts.
This Agreement may be executed in one or more counterparts, each of which shall constitute an original document, and all of which, when taken together, shall constitute a single document. Fax signatures and electronically transmitted signatures (for example:
pdf files) shall constitute original signatures for the purnRif this Agreement. fully aware of its legal effect, has had an gaprunity to consult^tol counsel and has entered into it freely and based on his owrU^&gment.
^sTCity Atfraey
Resolution C.Mm passePbn January 31,2023 (__ayes)
3235186v1
Section 17. Voluntary Execution.
CITY OF OAKLAND
Sheng Thao
Mayor
Date
Approved as to Fo
Barb
5