AT-WILL INTERIM
CHIEF OF POLICE
EMPLOYMENT AGREEMENT (RETIRED ANNUITANT)
This AT-WILL INTERIM CHIEF OF POLICE EMPLOYMENT AGREEMENT (“Agreement”) is effective on March 1, 2023 and is made by and between the CITY OF SIGNAL HILL (“City”), a charter city and municipal corporation and JONATHAN ARNOLD (“Employee”), an individual. The City and Employee may be referred to individually as a “Party” or collectively as “the Parties.”
R E C I T A L S
WHEREAS, City of Signal Hill (“City”) desires to hire Employee as a temporary, at-will employee for a definite period of time to serve in the position of Interim Chief of Police for the City of Signal Hill, California, which is a position that requires specialized skills, and Employee desires to perform and assume responsibility for the provisions of professional services to the City as Interim Chief of Police to temporarily fill the position; and WHEREAS, the parties wish to have Employee perform the services of Interim Chief of Police, while the City conducts its recruitment for a permanent Chief of Police, and will terminate such appointment upon the City’s employment of a permanent Chief of Police; and WHEREAS, the City is actively conducting a recruitment for a permanent Chief of Police; and
WHEREAS, Government Code Section 7522.56 and 21221(h) permits retired annuitants under the California Public Employees’ Retirement System (“CalPERS”) to be employed without reinstatement from retirement upon appointment by a public agency to fill a vacant position on an interim basis during the recruitment to permanently fill the vacant position; and WHEREAS, upon the termination of Employee’s Interim Chief of Police appointment, the City intends to extend Employee’s employment to an “extra help” position for a limited duration to assist in part-time (less than 30 hours of work per week) specialized work that Employee possesses skills, knowledge, and experience to perform; and WHEREAS, Employee’s retired annuitant employment restrictions are authorized by Government Code Sections 7522.56 and 21224 under the CalPERS for “extra help” positions; and WHEREAS, as a CalPERS retired annuitant, Employee possesses extensive experience in local law enforcement management, and those specialized skills are necessary to support the continuing operation of the City during the recruitment; and WHEREAS, Employee acknowledges that such employment is at-will and of a limited duration for a definite period of time, as described below; and
WHEREAS, the City wishes to establish the terms and conditions of Employee’s services to the City through this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Employee hereby agree as follows:
A G R E E M E N T
1.0 EMPLOYMENT & DUTIES
1.1 Duties. City hereby employs Employee as Interim Chief of Police for the City to perform the functions and duties of the Chief of Police, as specified in the job description attached to this Agreement as Exhibit “A”, and to perform such other legally permissible and proper duties and functions as the Chief of Police shall, from time-to-time, direct or assign.
Employee shall devote his best efforts and full-time attention to performance of these duties.
1.2 Work Schedule. As Interim Chief of Police, Employee shall generally work Tuesday through Friday, from 7 a.m. to 5 p.m. The work schedule may be modified at the direction of the City Manager to accommodate the needs of the City, except that in no event shall Employee be permitted to work more than 40 hours per week. Employee acknowledges that proper performance of the duties of the Employee will require the Employee to generally observe normal business hours and may occasionally require the performance of necessary services outside of normal business hours. Under such circumstances, Employee shall schedule time off during normal work hours such that he does not work more than 40) hours in any given week. The City will permit Employee such reasonable “time off” during normal business hours on an unpaid basis, so long as the time off does not interfere with normal business. Employee will be required to keep accurate time records of his hours worked and be enrolled in the myCalPERS system as a retired annuitant to ensure that he does not exceed 960 hours worked within the fiscal years that occur during the term of this Agreement.
1.3 Employment Status. Employee shall serve at the will and pleasure of the City Council and understands he is an "at-will" employee subject to summary dismissal without any right of notice or hearing, including any so-called Skelly hearing. City may terminate the employment of Employee at any time, as set forth in Section 2.2 below. Employee shall not be subject to the City’s Personnel System Rules and Regulations pursuant to Signal Hill Municipal Code Section 2.80.015(G). Employee will not acquire a property interest in the position of Interim Chief of Police. Employee is a temporary employee employed to perform specialized services in accordance with Government Code Section 21221(h). Employee is being hired as a retired annuitant and his appointment is subject to the requirements of the California Public Employees Retirement Law (“PERL”) and Public Employees’ Pension Reform Act (“PEPRA”), Employee must be hired at-will in order to comply with these requirements.
1.4 City Documents. All data, studies, reports and other documents prepared by Employee while performing his duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to
Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law, and except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not, without the prior written consent of the City Council, be used by Employee for any purposes other than the performance of his duties. Provided, further that no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by (i) law, (ii) any governmental agency, (iii) subpoena, or (iv) an order issued by a court of competent jurisdiction.
2.0 TERM
2.1 Term. The term of this Agreement shall commence on March 1, 2023 and shall automatically terminate on the date immediately preceding the date on which the permanent replacement for the vacant position of Chief of Police commences his or her employment, or unless this Agreement is earlier terminated for the following reasons: (i) Employee completes 960 work hours during the 2022-23 fiscal year or any subsequent fiscal year for all CalPERS employers. (ii) Employee reaches the maximum compensation level provided in Section 3.1 of this Agreement, or (iii) the City Manager terminates this Agreement for any other reason.
2.2 Termination by City or Employee. The City may terminate this Agreement at any time with or without cause. The City shall have the right to impose various forms of discipline, including assignment of Employee to administrative leave, consistent with the provisions of the Signal Hill Police Department Policy Manual and any rules adopted by the City governing management employees. Additionally, Employee may terminate this Agreement at any time, provided, however he shall reasonably provide the City Manager with at least two (2) weeks’ advance written notice prior to the effective date of termination, if practicable, unless a shorter period is acceptable to the City Manager.
2.3 Transfer of Responsibilities. After Notice of Resignation or Termination, Employee shall cooperate with the City, as requested by the City, to effect a transition of Employee’s responsibilities and duties and to ensure that the City is aware of all matters being handled by Employee.
2.4 No Reappointment or Extension of Term. In accordance with state law and the requirements of the PERL, Employee may not be reappointed to the position of Interim Chief of Police following the expiration of this Agreement, nor may this Agreement be modified to extend the term of the Agreement.
2.5 No Severance Pay. Upon termination, Employee shall not be entitled to severance pay, payment of any benefits, or any other form of compensation.
3.0 COMPENSATION AND REIMBURSEMENT
3.1 Compensation and Compensation Cap. For the services rendered pursuant to this Agreement, City agrees to pay Employee as employee’s sole compensation, the amount of $103.76 per hour, which amount is in conformance with the requirements of Government Code Section 7522.56(d). This amount represents the “I” step for the Chief of Police position salary range as listed on a publicly available pay schedule, divided by 173.333. Under no circumstances shall the total compensation under this Agreement exceed one hundred ninety-nine thousand two hundred nineteen dollars and twenty cents ($199,219.20) (960 hours x $103.76/ hr. x maximum of 2 fiscal years).
3.2 Automobile. For the position of Interim Chief of Police, City shall provide an automobile for Employee for business use by Employee which includes transportation to and from his place of residence to work in Signal Hill, and for City business and related travel, including use of the vehicle on weekends when the Chief could reasonably be expected to respond directly to an emergency. Employee shall not allow non-employees, including family members, to use the automobile.
3.3 No Other Benefits. Employee shall not receive any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to use of the Cityissued automobile pursuant to Section 3.2 and base compensation at the hourly rate of $103.76 per hour.
3.4 Reimbursable Expenses. Employee shall not be entitled to reimbursement for any costs or expenses incurred in the performance of Employee’s duties under this Agreement, unless said costs and expenses have received prior approval by the City Manager, and are supported by written documentation in accordance with the established polices and customary practices of the City.
3.5 Reimbursement for Legal Actions. Employee shall be fully compensated and reimbursed pursuant to Section 3.1 above, for time spent and costs incurred while representing City in any legal action during the term of this Agreement.
4.0 CONDITIONS OF EMPLOYEE’S SERVICES AND WAIVER OF
BENEFITS
4.1 Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee’s duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1125 of the Government Code, and all other similar statutory and administrative rules.
4.2 Provision of Benefits Prohibited. Employee is a CalPERS retiree and will thus not be enrolled in CalPERS, other than as a retired annuitant, or have any CalPERS retirement contributions reduced from his salary or made on his behalf by the City. Employee hereby waives all benefits provided to City employees, including retirement contribution, health/medical
insurance, dental insurance, life and disability insurance, sick leave, vacation, and similar benefits.
Employee shall be entitled to observe all City holidays in the same manner as employees of the City but will not be paid for that time. Employee recognizes that Government Code Section 21221(h) provides that a retired person appointed to a vacant position pursuant to this subdivision shall not receive any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate of compensation.
5.0 ANNUITANT’S REPRESENTATIONS AND WARRANTIES
5.1 Employee warrants that he has been retired for service from state service, as defined in the Public Employee’s Retirement Law, for at least 180 days and that he therefore is eligible to be employed as a retired annuitant by the City.
5.2 Employee represents the he is currently not employed by any other CalPERS employer.
5.3 Employee warrants that he has not received any unemployment insurance compensation arising out of prior public employment during the prior 12-month period prior to appointment.
6.0 BONDS AND INDEMNIFICATION
6.1 Indemnification. For the purposes of indemnification and defense of legal actions, Employee shall be considered an employee of the City and entitled to the same rights and subject to the same obligations as are provided for all other employees of the City, as required by the Government Code. Accordingly, to the extent mandated by the Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring within the course and scope of Employee’s services under this Agreement. This section shall not apply if the City Council determines that the defense of the action or proceeding by the City would create a conflict of interest between the City and the Employee; or for acts or failure to act because actual fraud, corruption, or actual malice without entering into a reimbursement agreement with the City approved by the City Council in a form approved by the City Attorney. If the City Council or court of competent jurisdiction determines that the Employee committed actual fraud, corruption, or actual malice, then the City shall not provide for the defense of such legal action and the Employee shall reimburse the City all costs plus interest of the City in providing such defense. This section shall also not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of the services provided by Employee under this Agreement, or any other intentional or malicious conduct or gross negligence of Employee.
6.2 Bonds. City shall bear the full cost of any fidelity or other bonds, which may be required in the performance of Employee’s services under this Agreement.
7.0 NOTICES
Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by United States Postal Service, postage prepaid and addressed as follows:
To City: To Employee:
City Manager Jonathan Arnold
City of Signal Hill
2175 Cherry Ave.
Signal Hill, CA 90755
Notices 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.
8.0 GENERAL PROVISIONS
8.1 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to Employee’s employment by City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either party.
8.2 Assignment. This Agreement is not assignable by either the City or Employee.
8.3 Severability. In the event any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the Parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be illegal or void are wholly inseparable from the remaining portions of this Agreement.
8.4 Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
8.5 Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution. Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County.
8.6 Effective Date. This Agreement shall become effective March 1, 2023, provided that by such date it has been approved by the City Council and signed by Employee and the City Manager.
8.7 Effect of Agreement on Employee’s CalPERS Retirement Benefits. The City makes no representation on the impact, if any, this Agreement shall or may have upon his CalPERS retirement benefits, status, duties, and/or obligations. Employee acknowledges that in entering into this Agreement, he has not relied upon any such representations (none of which being in existence) in assessing the CalPERS-related impact of his employment. Therefore, Employee releases the City from any and all CalPERS-related claims or liabilities that may arise in connection with his employment pursuant to this Agreement.
8.8 Interpretation. This Agreement shall not be construed against the party or its representatives who drafted it or who drafted any portion thereof.
8.9 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
8.10 Independent Legal Advice. City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement and, City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. [Signatures on following page]
IN WITNESS WHEREOF, the City of Signal Hill has caused this Agreement to be signed and executed on its behalf by its City Manager, and duly attested by its officers thereunto duly authorized, and Employee has signed and executed this Agreement, all in triplicate.
CITY OF SIGNAL HILL
Dated: ___________________________ __________________________________ Carlo Tomaino
City Manager
ATTEST:
_____________________________
Carmen R. Brooks
City Clerk
APPROVED AS TO FORM:
_____________________________
Matthew E. Richardson
City Attorney
EMPLOYEE
In signing this Agreement, Employee understands and agrees that he is an at-will, temporary employee and that his rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Signal Hill which might otherwise apply to classified or other employees of the City. Employee further acknowledges that he was given the opportunity to consult with an attorney prior to signing this Agreement.
Dated: ___________________________ Signed: ____________________________ Jonathan Arnold
Employee
EXHIBIT “A”
[Chief of Police Job Description Attached.]
City of Signal Hill
Chief of Police
CHIEF OF POLICE
POSITION SUMMARY
Plan, organize, assign, manage and coordinate the work of Police Department personnel in enforcing laws and ordinances, protecting life and property, preserving order, and preventing crime.
ESSENTIAL FUNCTIONS
The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be required and assigned. • Direct and participate in the development of Department goals, objectives, policies and priorities.
• Plan, direct, supervise and coordinate the activities of Police Department personnel in preserving order, protecting life and property, and in enforcing laws and municipal ordinances.
• Formulate Departmental rules, procedures and policies, and ensure their enforcement.
• Research and implement modern police management methods, procedures and policies for efficient operation of the Department.
• Oversee the development and implementation of Departmental in-service training program.
• Direct and participate in the preparation and administration of the Department budget.
• Confer with citizens and City officials on law enforcement problems and assist in the development of innovative municipal law enforcement policies. • Confer with County and State law enforcement officials and with other public officials.
• Cultivate good community relations by appearing before civil, fraternal, and other community groups.
• Participate in the preparation of City ordinances.
• Coordinate law enforcement activities with the activities of other City departments and other law enforcement agencies.
• Select, train, and motivate and evaluate assigned personnel; counsel, provide or coordinate staff training and career development; work with employees to correct performance deficiencies; implement discipline and termination procedures. • Participate in crime investigation activities as required. • Recommend traffic warning, regulation and control devices to the City, including locations for stop signs, traffic stripes, and the like.
Exhibit A
City of Signal Hill
Chief of Police
• Monitor applicable state and federal laws.
• Supervise Internal Affairs investigations.
MARGINAL FUNCTIONS
• Perform various related duties as required.
MINIMUM TRAINING AND EXPERIENCE
Bachelor’s degree in public administration, criminal justice, police science, or related field and seven years of extensive experience in all major phases of municipal police work, including at least three years in a responsible middle management capacity, or any equivalent combination of training and experience which provides the required skills, knowledge and abilities. California driver’s license required. Possession of an appropriate and valid POST certificate is highly desirable.
KNOWLEDGE AND ABILITIES
REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS
Knowledge of:
• Modern principles, practices and techniques of police administration, organization and operation.
• Technical and administrative phases of crime prevention and law enforcement, including investigation and identification, patrol, traffic control, records management and care and custody of persons and property. • Laws, ordinances and regulations affecting the work of the Department, including the California State Penal Code, Vehicle Code, Health and Safety Code and relevant provisions of other State codes.
• Use of firearms and other modern police equipment.
• Principles and practices of organization and personnel management in municipal government.
Physical Requirements:
• Ability to operate a variety of automated office machines including a calculator, copier, personal computer or typewriter.
• Ability to coordinate eyes, hands, feet and limbs in performing coordinate or slightly skilled movements such as data entry.
• Ability to exert moderate physical effort in sedentary to light work, typically involving some combination of stooping, kneeling, crouching and crawling, carrying, pushing and pulling.
• Ability to operate equipment and machinery requiring complex and rapid adjustments, such as the operation of a police vehicle or use of firearms.
City of Signal Hill
Chief of Police
Supervisorial Responsibilities:
• Ability to assign, review, plan, and coordinate the work of other employees. • Ability to provide instruction and guidance to staff. • Ability to approve the transfer, promotion, salary increase, discipline or discharge of staff.
• Ability to assess the work of employees and write performance appraisals. • Ability to promote staff development and motivation.
• Ability to oversee a program for orientation and training for all employees. • Ability to analyze problems that arise in the areas under supervision and recommend solutions.
Mathematical Ability:
• Ability to add, subtract, multiply and divide.
• Ability to calculate decimals, ratios, percentages, and fractions.
Judgment and Situational Reasoning Ability:
• Ability to exercise independent judgment, decisiveness and creativity required in situations involving the direction, control and planning of an entire program or multiple programs.
• Ability to act quickly and calmly in emergencies.
• Ability to prepare new policies or modify existing policies, strategies and/or methods to meet unusual conditions within the context of existing management principles; ability to analyze and categorize data and information, in order to define consequences and to consider and select alternatives; ability to decide the time, place and sequence of operations within a system or organizational framework, as well as the ability to oversee their execution.
Language Ability and Interpersonal Communication:
• Ability to advise and provide interpretation to others how to apply policies, procedures and standards to specific situations.
• Ability to utilize a variety of advisory data and information, such as technical operating manuals, procedures, guidelines, non-routine correspondence, ordinances and other laws.
• Ability to communicate effectively with coworkers, elected and appointed officials, and the general public, both verbally and in writing; ability to effectively make public presentations.
• Ability to manage and direct a group of workers, including the ability to provide counseling and mediation; ability to persuade, convince and train others. • Ability to keep abreast of any changes in policy, methods, operations, state and federal laws as they pertain to City operations and activities.
Environmental Adaptability:
• Ability to work under moderately safe and comfortable conditions where exposure to environmental factors may cause discomfort and where there is a risk of minor injury, requiring minimal recovery time.