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CITY CLERK EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) is e ntered into a s of the 13 th day of October, 2025 (the “Effecti ve Date”), betwee n the City of San Bernardino, a California charter city (“City”), and Telicia Lopez (“Employee”). The City and Employee are sometimes referr ed to in this Agree ment as “Party” and collectively as “Parties.”
RECITALS
WHEREAS, it is the desire of the City Council to retain the services of Employee as City Clerk, and
WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain condi tions of employmen t a nd to set cer tain working conditions of the City Clerk.
NOW, THEREFORE, the above na med Parties hereby mutu ally agree and promise as follows:
1. Du
ties, Acceptance of Appointment, Hours of Work.
1.1 Appointment and Scope of Services.
Employee has been appointed as City Clerk by the City Council, and shall perform the functions of City Clerk, a position involving highly -specialized and critically-needed skills set forth in the attached job description, in the San Bernardino City Charter , and as provided by law. Such employment is “at will,” subject to the terms of this Agreement, and Employee shall perform said duties at the pleasure of and under the direct supervision of the City Council.
1.2 Acceptance of Appointment.
Employee hereby accepts the appointment as City Clerk of the City of San Bernardino subject to all terms and conditions set forth in this Agreement.
1.3 Hours of Work.
Employee is expected to devote necessary time, within and outside normal business hours, to the business of the City as an exempt employee under the Fair Labor Standards Act.
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2. T
erm.
This Agreement shall be deemed effective for an initial term beginning on October 13, 2025 (“Effective Date”) and shall conti nue until terminated in accordance with Section 10 of this Agreement.
3. C
ompensation.
3.1 Salary
(a) City agrees to pay Employee as compensation for services rendered pursuant to this Agreement, an annual base salary, commencing on the Effective Date, in the amount of $161,000.00 D ollars ($13,416.66 per month ), payable in installment payments in the same manner and at the same times as other City employees.
Commencing on January 15, 2026, Employee’s annual base salary shall increase to $169,000.00 Dollars ($14,083.33 per month).
(b) Annual Salary Adjustments . Commencing August 4, 2026 and each year thereafter, said Annual Base Salary shall be automatically increased by the percentage change to the Consumer Price Index for All Urban Consumers (CPI – U) for the Riverside-SanBernardino-Ontario area for the preceding 12 months ending in July (subject to a (three percent) 3% maximum cap) (“CPI Increase”). (c) Annual salary adjustments shall be memorialized by a written amendment to this Agreement. An automatic increase adjustment shall be in writing as an amendment to this Agreement and shall be signed by the Finance Director, the Human Resources Director and the City Attorney. Any salary adjustment that exceeds the amount provided for in Section 3(b) above shall be in the form of a written amendment approved by a vote of five members of the Mayor and City Council and announced at a properly noticed public meeting of the Mayor and City Council. (d) Reduction in Salary or Benefits. In the event the City implements cost - saving measures, such as work furloughs, salary reductions, changes to health or welfare benefits and allowances (a s further described in Sections 3.2, 3.3, and 6), or any other changes to the monetary terms of the Executive Group as provided in the applicable benefit summary, Employee will receive the same downward adjustment or adhere to the change in terms as are applicable to the Executive Group. In the event that such cost -saving measures are subsequently eliminated (i.e. former salary or benefit levels are restored) for the Executive Group, Employee will receive the same restoration of salary or benefits as the Executive Group.
3.2 Benefits
Employee shall be eligible for and entitled to those benefits listed in RESOLUTION NO. 2022 -59 (attached hereto and incorporated herein as Exhibit A ) A-3
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vailable and applicable to Employee’s class of employment, unless this Agreement states terms and benefits that are (1) of the type not provided for in said resolution, or (2) the benefits as described in this Agreement are more expansive than said resolution.
It is the intention of City and Employee that any resolution adopted by the City to supersede the aforementioned resolution become applicable to Employee to the extent the superseding resolution increases various benefits for Employee.
In addition, and except as otherwise specified herein, Employee shall receive all such other benefits and compensation that are generally applicable to City Management/Confidential employees, including but not limited to Executive Leave as described in Section 11 of Resolution NO. 2022 -59. Leave accruals shall be based on years of service to the city.
3.3 Mobile Phone
The City shall provide Employee with a mobile phone for use in City business. Employee understands that all data and information stored on the phone, including but not limited to records of calls made and received, voice mail messages, and text messages may be considered public records under the California Public Records Act.
4. Performance Evaluation .
The City Council shall review Employee’s job performance at least once annually. Employee shall remind the City Council of its obligations under this Section each year and shall work with the City Council in finding an appropriate time to place his or her annual evaluation on the agenda. The City Council may also review Employee’s performance at other intervals as it deems appropriate. In connection with review of Employee’s job performance, City shall utilize RESOLUTION NO. 94 -392 (attached hereto and incorporated herein as Exhibit B ) and shall consider a step increase of Employee’s Base Annual Salary.
5. Bonds.
City shall bear the full cost of any fidelity or other bonds required of Employee under any law or policy.
6. Vehicle Allowance.
The City agrees to pay to the Employee, during the term of this Agreement and in addition to other salary and benefits herein provided, a monthly vehicle allowance in accordance with RESOLUTION NO. 2024 -034 (attached hereto and incorporated herein as Exhibit C), to be used to purchase, lease, or own, operate and maintain a vehicle for use by the Employee when conducting City business.
Employee shall be responsible for paying for liability, property damage, and A-4
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omprehensive insurance coverage upon such vehicle and shall further be responsible for all expenses attendant to the purchase, operation, maintenance, repair, and regular replacement of said vehicle. It is understood that the vehicle allowance may be considered taxable income subject to withholdings.
Employee is not eligible for and shall not be separately reimbursed for mileage driven in her personal vehicle; provided, however that the Employee may seek reimbursement for mileage driven in his personal vehicle in cases where the mileage exceeds 150 miles and the reimbursement costs are lower than the published airfare for the same travel.
7. Business Expenses
7.1 General Expenses
City recognizes that Employee may incur expenses of a non -personal, job- related nature that are reasonably necessary to Employee’s service to the City. The City agrees to either pay such expenses in advance or to reimburse the expenses, so long as the expenses are incurred and submitted in accordance with the City ’s normal expenditure reimbursement procedures. To be eligible for reimbursement, all expenses must be supported by documentation meeting the City’s normal requirements and must be submitted within time limits established by the City.
7.2 Work- Related Employee Events
City shall grant Employee a reimbursement allowance of up to Fifty Dollars ($50.00) per month to cover work-related employee events.
8. Abuse of Office or Position.
Pursuant to Government Code Sections 53243, 53243.1 and 53243.2, if Employee is convicted of a crime involving an abuse of his or her office or position, all of the following shall apply: (1) if Employee is provided with administrative leave pay pending an investigation, Employee shall be required to fully reimburse City such amounts paid; (2) if the City pays for the criminal legal defense of Employee (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), Employee shall be required to fully reimburse the City such amounts paid; and (3) if this Agreement is terminated, any s everance pay and s everance benefits related to the termination that Employee may receive from the City shall be fully reimbursed to City or void if not yet paid. For purposes of this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or (2) a crime against public justice, including, but not limited to, a crime described in Title 7 (commencing with Section 92) of Part 1 of the Penal Code.
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9. No
tices.
Any notice required or permitted by this Agreement shall be in writing and shall be personally served upon the other Party, or sent by United States Postal Service, postage prepaid and addressed to the appropriate Party as follow:
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f to City: City of San Bernardino
Attn: Eric Levitt, City Manager
290 North “D” Street
San Bernardino, CA 92401
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f to Employee: Telicia Lopez, City Clerk
Personal Address on File
Noti
ce shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.
10. Termination.
10.1 Severance
Unless E mployee is terminated for cause, subject to the limitations set forth in Government Code section 53260, and upon delivery to City of an executed separation agreement and release of any and all claims against the City and all officials and employees in a form acceptable to City within 30 days following her termination, Employee shall be entitled to and receive upon termination a severance payment equivalent to six (6) month’s base salary plus benefits in effect on her termination date.
10.2 At-Will Employee
Employee shall serve at the will and pleasure of the City Council.
Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to suspend from duty, remove from office or otherwise terminate the services of Employee at any time, at the sole discretion of the City Council . This Agreement may be terminated as follows.
10.3 Termination – Mayor and Council Vote
In accordance with Section 505 of Article V of the San Bernardino City Charter, the Mayor and City Council may remove the Employee with or without cause by motion adopted by five affirmative votes of the Mayor and members of the City Council.
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10.4 Resignation
Employee may voluntarily resign their position as City Clerk, after giving the City at least thirty (30) days written notice prior to the effective date of such resignation, unless such notice is waived in whole or part by the Mayor and City Council.
10.5 Disability.
In the event the Employee is permanently disabled or is otherwise unable to perform his or her duties because of physical or mental incapacity for a period of six (6) consecutive months, the City may terminate the Employee’s employment and this Agreement. Notwithstanding the above, nothing in this subsection shall be interpreted to waive any obligation the City may have to provide Employee with a reasonable accommodation or to engage in an interactive process with Employee to determine whether a reasonable accommodation is available.
11. General Provisions.
11.1 This writing constitutes th e entire agreement between the P arties with respect to the subject matter hereof, and supersedes all prior oral or written representations or written agreements on the subject matter hereof, which may have been entered into between the parties. No modification or revision to this Agreement shall be of any force or effect, unless the same is in writing and executed by the Parties hereto.
11.2 Each Party agrees and 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, which are not embodied herein and that any agreement, statement, or promise not contained in this Agreement shall not be valid or binding on either Party.
11.3 If any provision, or portion thereof, contained in the 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.
11.4 This Agreement shall be governed by and construed in accordance with the law of the State of California. Venue shall be in San Bernardino County.
11.5 This Agreement shall be construed as a whole, according to its fair meaning, and not in favor or against any Party. By way of example and not in limitation, this Agreement shall no t be construed in favor of the Party receiving a benefit or against the Party responsible for any particular language in this Agreement.
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11.6 Employee acknowledges that he or s he has had an opportunity to consult legal counsel in regard to this Agreement, that he or s he has read and understands this Agreement, that he or s he is fully aware of its legal effect, and that he or she has entered into it freely and voluntarily and based on his or her own judgment and not on any representations or promises other than those contained in this Agreement.
11.7 In any dispute arising out of this Agreement, the prevailing P arty shall recover its reasonable attorneys’ fees and costs.
IN WITNESS WHEREOF, the Parties have executed this Employment Agreement on the 15th day of October, 2025.
EMPLOYEE
Telicia Lopez
CITY
Eric Levitt
City manager
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EXHIBIT A
RESOLUTION NO. 2022-59
[**INSERT**]
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EXHIBIT B
RESOLUTION NO. 94-392
[**INSERT**]
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EXHIBIT C
RESOLUTION NO. 2024-034
[**INSERT**]