APPROVED AS TO FORM AND LEGALITY
2023JAH 26 PM M2
FILEDOFFICE OF THE CITY CLERK
OAKLAND
ITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
89563*RESOLUTION NO. C.M.S.
INTRODUCED BY HONORABLE MAYOR SHENG THAO
RESOLUTION (1) CONFIRMING THE MAYOR’S APPOINTMENT OF
STEVEN FALK AS INTERIM CITY ADMINISTRATOR FOR THE PERIOD COMMENCING ON MARCH 13, 2023 AND ENDING AT MIDNIGHT ON
JUNE 30, 2023 OR SUCH EARLIER DATE AS THE COUNCIL CONFIRMS
APPOINTMENT OF A CITY ADMINISTRATOR OR THE MAYOR
TERMINATES THE INTERIM APPOINTMENT; AND (2) AUTHORIZING
THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT ON
BEHALF OF THE CITY WITH STEVEN FALK
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 of Reiskin’s plans to 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 Steven Falk (“Falk") as Interim City Administrator, subject to City Council confirmation, commencing on March 13, 2023 and ending at midnight on June 30, 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 have been selected by March 13, 2023; and
WHEREAS, Falk has been identified as the best candidate for the interim appointment in light of Falk’s more than 30 years of administrative and managerial experience in municipal government, including one year as City Manager of the City of Richmond (2019-2020), 23 years as City Manager of the City of Lafayette (1996-2019), Assistant City Manager of the City of Lafayette (1990-1996), Senior Finance Analyst (1988-1990), Budget Analyst (1986-1988); and
WHEREAS, Falk served as Interim City Administrator for the City of Oakland from March 12, 2020 through May 19, 2020, during which time Falk led the City Administration through the initial months of the global COVID pandemic and provided transition support to the Mayor and City Administration; and
WHEREAS, Falk also served as a Lecturer at the Goldman School of Public Policy at the University of California Berkeley and received numerous awards, including: 2019 Bay Area Metro Award from MTC/ABAG and was also featured on National Public Radio’s story For One City Manager, Climate Becomes a Matter of Conscience: 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 Falk as the Interim City Administrator for the period of March 13, 2023 through midnight on June 30, 2023, subject to confirmation by the City Council and subject to Mayor’s Thao’s powers under the City Charter to remove Falk at any time; and
WHEREAS, Mayor Thao’s appointment of Falk 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 Steven Falk to serve as the Interim City Administrator for the period of March 13, 2023 through midnight on to June 30, 2023; and be it
FURTHER RESOLVED: That Mayor Thao hereby is authorized on behalf of the City of Oakland to execute an employment agreement with Steven Falk 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 March 13, 2023 through midnight on June 30, 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 8 1 2023
, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND — Ir'
FORTUNATO BAS
PASSED BY THE FOLLOWING VOTE:
FIFE.^to
PRESIDENT I
AYES-
NOES-
0ABSENT-
ABSTENTION -^
-OiaWD-1 ATTEST:
ASHA REED
City Clerk and Clerk of the Council of
the City of Oakland, California
3235071v1
2 EXHIBIT A
Employment Agreement
This Employment Agreement (“Agreement”) is made and entered into on March 13, 2023 by the City of Oakland (“City”) and Steven Falk (“Falk”). The City and Falk are sometimes referred to in the Agreement individually as the “party” and collectively as the “parties.”
Section 1. Position.
The City agrees to employ Falk as Interim City^WTinistrator effective March 13, 2023. The purpose of Falk’s appointment is fr^Kde continuity in light of City Administrator Edward D. Reiskin’s (“Reiskin”) v^Bnoml^Whe position at midnight on January 30, 2023 when Reiskin’s employmeodfctontract te^^toted and the necessity of appointing Interim City Administrators whila^^^layor compIS^^the search for, and the Council confirms the appointment of a CitwViinistrator. Pursuan^kCity Charter section 902(a), the City Administrator position is nol^^il serviceclassificEn^Land is not subject to the Oakland Civil Service Rules. In accordw^City|^»rter sectiom^W(m), Falk shall devote his entire time and atte^^to rendennkj^^es to the City^t|uired by the position of City Administrator A^H^oly it is e)q^Ksly understood and agreed that during the term of this Agreemem»Pfttaed belowjfcyjlk shall not be employed by, retained by, consult with, provide s^ftcesrafcyepresawjiy other person or public or private entity. ^
VKpensalni.
A. Falk shall be^BdaoM|i|ato th^mrrent City Administrator salary ordinance amount of thirty-one thousand, seven^^Prandrecfltttoaty otBbb and riim^cfnts ($31,720.20). The monthly salary ^QKshall be paymeiin H^kdance wlPr'the City’s payroll policies less all required ^n^hholdings £fflldedu5»3.
B. Fafflwibe eligibl«)r employee benefits, including but not limited to medical, dentaWkion and H|cutive employee level benefits provided by the City Falk iseligibu^nyi heagB\n-\\eu payment of three hundred dollars ($300) per month upon compm^flrcl submission of the City’s “Medical Waiver Form” to the Human Resoc^J^Department.
Section 2.
C. Falk will accrue and receive compensation for any leave for which the City Administrator position is eligible in accordance with the provisions of the Memoranda Of Understanding (“MOU”) between the City and its various 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.
D. Falk will receive seven hundred and fifty dollars ($750) Auto Allowance per month.
1 E. Falk will 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 March 13, 2023 and ending at midnight on June 30, 2023 (“Term”), subject to the parties’ acknowledgement and agreement that this^fcjreement will terminate at midnight on June 30, 2023 or such earlier d^Bas the Council confirms a City Administrator or the Mayor terminates FjjflBL
B. Pursuant to Oakland City Char^^sections^^6(e) and 400, the City Administrator serves at the Mayompieasure; howePhithe City Administrator may be hired by contract for a flVnot exceeding fou^mars, provided that no such contract shall prevent the Ivlftw" from removing thUm^ Administrator at any time. Accordingly, the Mayor maMfl-mii^pFalk at anyiktwith orwithout good cause and withc^kjorior notice^n^VMayor terminal^ Falk with or without good cause, tnHwrement shilierminate and Falk will be entitled solely to any accrued untt^^maensatioi^j^nded under this Agreement up to the effective date of^ferrmram^less^^required withholdings and deductionSjJM|jwill not bluntitlec^Hj^sevSB^e or any other payments of any kjMpP^Hk. ^
C. If Falk de^BkJo voli^»rily term^K
th^City, FallWltell ijj^BLtoJhe Citttj
^0E§ngess
^flmsnoMB^g u i rHILnt. UpS^^e.
^Kreceive omyBkunpl^accrued^mi
^feis AgreememBL
D. In fin^ent Falk «bb during the Term of this Agreement, Falk’s beneficiaries or tmlkentitled tSjalk’s estate, shall be entitled to Falk’s accrued unpaid compen^Mn ujfl the effective date of his death, less all required withholdinpm^Kuctions.
e his employment and this Agreement with
jjth two weeks (14 days) advance written
ns sole judgment and discretion waives
CTfective date of termination, Falk shall
pensation to which Falk is entitled under
Section 5. Auto Allowance and Parking.
During the Term of this Agreement, the City shall provide an assigned parking space at an adjacent garage. Falk is entitled to reimbursement for parking expenses he incurs in the course of performing his duties under this Agreement. 2 Section 6. Telecommunication.
During the Term of this Agreement, Falk will 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 not pay for professional dues and/or subscriptions.
B. The City agrees to pay for Falk’s travel and sut^fcpnce expenses for legitimate City business purposes, provided that Falkj^Braes documentation to support sue, expense,
Section 8. Performance Evaluations^
The City may periodically review Mrs performance su^mLto a process, form, criteria, and format for the evaluation whicl^aall be mutually agreeHkoon by the Mayor and Falk. At a minimum, the process shall in^Be the^ftortunity for®to parties to: (1) prepare a written evaluation, (^ft^et and disBjjjj^Be evaluation, amP(3) present a written summary of the evaluaWBfewjIts. Th^Bal written evaluation should be completed and delivered to Falk wMjn^fcbys of the^mluation meeting.
NooABfiJosure o^ronfidefffifclnformBton.
^MTnowleofBthat asBMfln City^Pnistrator, Falk is the highest appointed official ancNf^rfficermhe City. lKiat capacity Falk is responsible for, among other things, executinc^fcd QMMiaa all lankand City policies and administering the City’s affa^Mfctollina tnB|itv's financial affairs, and supervising, purchad^randcWfcretinc^^the Ci^fc^k^cknowledges that, solely by reason of enteriWKnto this Ag^ment^MLFalk’semployment with the City, City Confidential Informa^^as defined Bmw, discovered by or disclosed to Falk. Falk agrees that Falk snfcyiot at any or iirVk manner, either directly or indirectly, whether or not for comrUfegtion, useWlivulgeTclisclose or communicate to any person, firm, Anther entHLn any manner whatsoever any Confidential Information pg or relating to the business of City except for the benefit Ipress written permission of City after the termination of his uch Confidential Information includes but is not limited to, attorney-client privileged communications, confidential and privileged closed session communications/records, the identification of any of City's licensees, sub-licensees, or any of the information concerning the business of the City, its manner of operation, its plans, and/or other proprietary data where such information is not publicly known and is not otherwise subject to public inspection or disclosure.
Section 9.
The Partie
corporation or
concerning any m3®e aff<
of the City and only wAj||
employment with the CnJ
3 Section 10. Conflict of Interest.
Falk agrees that during or after the Term of this Agreement, Falk 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 Falk 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.
Falk agrees that during and after the Tern^Wm^k-eement, Falk will not make disparaging remarks, nor take any action is intenomkor would reasonably be expected, to harm the City or its reputation^^Rat would reaslkbly be expected to lead to unwanted or unfavorable publicity to RW5ity, its officers, eBkoyees and officials. "Disparaging remarks, comments or statenBtis” are those that mwtoan the character, honesty, integrity, morality or business acumeifttabiUfflkin connecfflmwith any aspect of the operation of the City.
nunent. ^^k
This Agreemeitfgta^be goveT^ki byT^^fckued, aBLenforced pursuant to the laws of the State ot^H^R^^ny disjRte r^flffl|MeinWpretation or application of this Agreement an^Bv actiorakmforceBflffaret tn^fereement shall be resolved by binding arbitration. flBfce eveiwf a dispuRKetween Falk and the City with respect to the interpretation of thilftteeaMi^any allemd breach of this Agreement which cannot be settledRHRkkby^paRks, the dispute shall be submitted to arbitraJjHjfy a si^i^kMrcnBmutuall^H^d^ by Falk and the City. The award shall be firMTbinding ancPmmcluR^and ma^ie entered in the highest court having jurisdictil^kEach of th^krties^lkny arbitration pursuant to this paragraph shall be responsible»yDaying theirmn attonRk’s fees and costs. Any arbitration shall take place in the City dW^kland, C^Rty of Alameda. The Parties expressly consent to the jurisdiction and *H||^ue iden^Jd in this section and waives any defenses to lack of jurisdiction or ven
Section 11. Non-Disparagement.
Section 12. Interpretation
Section 13. En
This Agreement supersedes any and all agreements, either oral or written, between the parties with respect to the rendering of services to the City by Falk. It contains all the representations, covenants and agreements between the parties with respect to Falk’s services. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party that are not contained in this Agreement. No agreement, statement or promise not contained in this Agreement shall be valid or binding.
greement.
4 Section 14. Modification.
Any modification of this Agreement shall be effective only if it is in writing and signed by all parties to this Agreement.
Section 15. 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.
Section 16. Survival of Certain Provisions.
The provisions of Sections 9, 10, 11, and Ijfl^survive the expiration or other termination of this Agreement.
constitute an original document, and all of wn^^whe|^pten togeth^*ball constitute a single document. Fax signaturegfc^i electronicAM^Bfmitted signature pdf files) shall constitute original jBHMKgs for thejHEpse of this Agreement.
Section 18. Voluntary Exe<^ton^^^^^
Falk ackno^^SIPtnkhe has^^d^npF^Bgtanos this Agreement, is fully aware of its legal dHsT has nSen oppofflnpRo consfRpbgal counsel and has entered into it freely and bassHten FalkjBlwn judgilHt.
ShengThao^^ IjE
Mayor B
Approved as to ForrnBttilKili
Section 17. Counterparts.
(for example:
CITY
DateSteven Falk
Interim City Administrator
lity:
Barbara J. Parker
City Attorney
Date
Resolution No. C.M.S. - passed on January 31,2023 (_ayes) 3235109v1
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