CITY OF SANTA MONICA
EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”), entered into this ___day of January 2025, by and between the City of Santa Monica, a California municipal corporation (“City”), and Elaine Polachek (“Polachek”), is made with reference to the following:
RECITALS
A. David White is departing from his position as City Manager; his last day of City employment is February 20, 2025. The recruitment for a new permanent City Manager is underway, but this recruitment will not be completed by the time of Mr. White’s departure from City employment.
B. Pursuant to Government Code Section 21221(h), the City wishes to appoint Elaine Polachek, a retired annuitant, to serve as Interim City Manager pending the completion of the recruitment of a new permanent City Manager.
C. The City and Ms. Polachek wish to enter into an agreement setting forth the terms and conditions of Ms. Polachek’s appointment as Interim City Manager.
NOW, THEREFORE, the City and Ms. Polachek agree as follows:
TERMS AND CONDITIONS
1. Salary. Pursuant to Government Code Section 21221(h), the City agrees to pay Ms.
Polachek an hourly rate of $197.41, which equates to an annual base salary of $410,604.00, and will be payable in installments in the same manner and at the same time as other City employees are paid.
2. No Benefits. In accordance with the limitations on appointment of retired annuitants, Ms.
Polachek shall not receive from the City any benefits in addition to the above specified hourly rate.
3. Compliance with CalPERS Rules. This Agreement is intended to comply with CalPERS rules regarding employment of retired annuitants. To the extent that a reasonable modification of the terms of employment is determined necessary to comply with these rules, the City and Ms. Polachek will make good faith efforts to arrive at a mutually agreeable modification that will bring this Agreement into compliance with these rules. Notwithstanding the foregoing, in the event that CalPERS may otherwise determine in the future that Ms. Polachek’s appointment as Interim City Manager is not consistent with the limitations on post-retirement employment, the City will not be responsible for, and Ms. Polachek agrees to waive any and all claims against City for, any penalties imposed by CalPERS upon Ms. Polachek, or any other loss or damage occasioned by Ms. Polachek, as a result of CalPERS’ findings.
4. Termination of Employment. Ms. Polachek understands and agrees that the Interim City Manager position is an at-will position of limited duration, and subject to termination by either party at any time with 30 days’ advance notice. In addition, Ms.
Polachek understands and agrees that her appointment as Interim City Manager will only be made once for this current vacancy and will terminate as of the date that a new permanent City Manager begins employment with the City, or when Ms. Polachek has reached the maximum 960 hours worked within a fiscal year, whichever is sooner.
5. Duration of Agreement. This Agreement shall be effective as of February 21, 2025, the anticipated first date of employment of Ms. Polachek as the Interim City Manager, and shall continue in full force and effect until modified by the City and Ms. Polachek in writing or until such time as Ms. Polachek’s employment with the City as Interim City Manager terminates.
6. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement. This Agreement may be modified only by written agreement signed by the City and Ms. Polachek and approved as to form by the City Attorney.
7. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
8. Venue and Jurisdiction. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.
9. Electronic Signatures. Each party agrees that the transaction consisting of this Agreement may be conducted by electronic means. Each party agrees and acknowledges that it is such party’s intent, that if such party signs this Agreement using an electronic signature, it is signing, adopting, and accepting this Agreement and that signing this Agreement using an electronic signature is the legal equivalent of having placed its handwritten signature on this Agreement on paper. Each party acknowledges that it is being provided with an electronic or paper copy of this Agreement in a usable format.
10. Counterparts. This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument.
In witness whereof, this Agreement was executed on the day and year first written above.
CITY OF SANTA MONICA,
a municipal corporation
By: ________________________ __________________________ Lana Negrete, Mayor Elaine Polachek
APPROVED AS TO FORM: ATTEST:
___________________________ ___________________________ Doug Sloan, City Attorney Nikima Newsome, City Clerk