CITY OF SIMI VALLEY
MEMORANDUM
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arch 14, 2022
TO
: City Council
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ROM: Office of the City Manager (Human Resources)
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UBJECT: ADOPTION OF A RESOLUTION AMENDING THE COMPENSATION AND OTHER TERMS AND CONDITIONS OF THE CITY MANAGER’S
EMPLOYMENT AGREEMENT
STAFF RECOMMENDATION
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t is recommended that the City Council adopt the attached R esolution No. 2022 -17 amending the compensation and other terms and conditions of the City Manager’s Employment Agreement (Exhibit A).
BACKGROUND AND OVERVIEW
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n April 19, 20 21 and February 14, 2022, the City Council completed favorable annual performance evaluations of City Manager Brian Paul Gabler. However, due to negotiations with City employee groups taking place during these periods of time, the City Council elected to defer discussions regarding Mr. Gabler’s merit salary increase s until after negotiations with both the unrepresented and represented groups were complete. On February 28, 2022 negotiations with the final group, the Police Managers Association concluded, and the City Council during closed session discussed Mr. Gabler’s compensation based on both reviews. As such, it is recommend ed that the City Council adopt a resolution to amend the compensation and other terms and conditions of the City Manager’s Employment Agreement (Exhibit A) to provide for the requested changes.
FINDINGS AND ALTERNATIVES
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t the City Council Meeting held on February 28, 2022, the City Council resumed discussions regarding Mr. Gabler’s merit increases as they had been placed in abeyance until the conclusion of City negotiations with all the employee groups. These were completed at this same Council Meeting date. Based on a positive performance evaluation encompassing the review period up to December 10, 2020 the City Council seeks to provide Mr. Gabler with a four percent (4%) merit salary increase. This increase will be retroactively effective to December 11, 2020, which is the date Mr. Gabler’s annual performance review should have occurred. This salary increase results in an annual base salary of $268,320.00 . Further, in consideration of a positive review period ending December 10, 2021, the City Council seeks to provide Mr. Gabler with a four percent (4%) merit salary increase retroactively effective to December 11, 2021, the date Mr. Gabler’s annual performance review should have taken place. Th e salary increase results in an annual base salary of $284,633. 85. These salary increases are in accordance with the City Manager’s Employment Agreement, which includes benefits and compensation set AGENDA ITEM NO.
8B
2 forth in more detail in Resolution No. 2021-50. It is therefore recommended that the City Council adopt a resolution amending Mr. Gabler’s Employment Agreement to provide for the requested modifications . As a final note, an update has been made to the Employment Agreement to include the eight cents annually Mr. Gabler currently receives in annual salary, which was necessitated due to rounding by the Human Resources Information System.
ORAL REPORT REQUIRED
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ffective January 1, 2017, Government Code (GC) Section 54953(c)(3) requires the City Council to orally report in open session a summary of the salary, salary schedules, and compensation in form of fringe benefits for local agency executives, before the City Council may take final action on such compensation. The p osition of City Manager is a “local agency executive” for whom such an oral report is required. Before taking action on this item, the following script should be read aloud (it may be read by the Clerk if requested by the City Council).
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ral Report
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In accordance with Government Code Section 3511.1, a summary of the City Manager ’s salary and benefits is reported as follows:
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n accordance with the City Manager’s Employment Agreement, the City Manager will receive a 4 percent merit salary increase retroactively effective to the City Manager’s actual performance review date of December 11, 2020 which results in the amount of $268,320.00. For the following year, a 4 percent merit salary increase is provided retroactively effective to the City Manager’s actual performance review date of December 11, 2021 in the amount of $284,633.85. This includes the benefits and compensation as they apply to the City Manager se t forth in more detail in Resolution No. 2021-50.“
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he following alternatives are available to the City Council:
1. A
dopt a resolution to amend the compensation and other terms and conditions of the City Manager’s Employment Agreement (Exhibit A);
2. D
o not adopt the attached resolution and provide other direction to staff.
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taff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
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ve to adopt Resolution No. 2022-17 to amend the compensation and other terms and conditions of the City Manager’s Employment Agreement.
3 SUMMARY
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n April 19, 2021 and February 14, 2022, the City Council completed favorable annual performance evaluations of City Manager Brian Paul Gabler. In accordance with the City Manager’s current Employment Agreement, Mr. Gabler is eligible for a merit salary increase based upon performance. The City Council seeks to provide Mr. Gabler with a four percent (4%) salary increase retroactive to December 11, 2020, and a four percent (4%) salary increase retroactive to December 11, 2021. The Employment Agreement also reflects an update to include the eight cents annually in annual salary Mr. Gabler currently receives necessitated due to rounding by the Human Resources Information System.
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_________________________________
Jennifer Gutierres
Deputy Human Resources Director
INDEX Page
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esolution No. 2022-17 .................................................................... 4 Exhibit A – Employment Agreement……………………………………6
RESOLUTION NO. 2022-17
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY AMENDING THE COMPENSATION AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT
FOR THE POSITION OF CITY MANAGER
WHEREAS, the City Council of the City of Simi Valley desires to amend the compensation and other terms and conditions for the position of City Manager.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1 . The Employment Agreement between City Manager Brian Paul Gabler (“City Manager”) and the City of Simi Valley, dated March 9, 2020 (“Employment Agreement”), is hereby approved as amended and restated to incorporate changes to the compensation and other terms and conditions of employment for the position of City Manager, as r eflected in the attached redlined Agreement ( Exhibit A of the Staff Report).
SECTION 2. In accordance with Section 3.C. of the Employment Agreement, and based upon meritorious performance, the City Manager will receive a 4% salary increase for the review period ending on December 10, 2020, retroacti vely effective to December 11, 2020.
SECTION 3. In accordance with Section 3.C. of the Employment Agreement, and based upon meritorious performance, the City Manager will receive a 4% salary incr ease, for the review period ending on December 10, 2021, retroactively effective to December 11, 2021. This shall include all benefits and compensation as they apply to the City Manager as described in Resolution No.2021-50.
SECTION 4. With the excepti on of including the eight cents annually in annual salary Mr. Gabler currently receives which was necessitated due to rounding by the Human Resources Information System , t here are no further changes to the City Manager’s Employment Agreement.
4 SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED and ADOPTED this 14th day of March, 2022.
Attest:
Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
Approved as to Form:
David Caceres, City Attorney
5 RES. NO. 2022-17
R ES. NO. 2020-17XX
CITY OF SIMI VALLEY
CITY MANAGER EMPLOYMENT AGREEMENT
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his Employment Agreement (“Agreement”) is made by and between the City of Simi Valley, a Municipal Corporation (“Employer”) and Brian Paul Gabler , an individual (“Employee”) pursuant to the terms and conditions contained herein.
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ection 1. TERM & EFFECTIVE DATE
This Agreement shall commence on March 9, 2020 (the “Effective Date”) and as amended and restated March 14, 2022, shall continue for a period of five (5) years through March 8, 2025 (“the Term”), unless earlier terminated by Employer or Employee pursuant to the provisions contained herein. Thereafter, this Agreement shall automatically renew for successive periods of one (1) year indefinitely until terminated by Employer or Employee.
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ection 2. DUTIES AND AUTHORITY
A. E
mployer agrees to employ Employee as the City Manager for the City of Simi Valley to perform the functions and duties specified in the Simi Valley Municipa l C
ode, Section 2 -6.201 et seq. and/or ordinances, as well as such other legally permissible and proper duties and functions necessary to the position or as lawfully directed by the City Council from time to time, which shall at all times comply wit h
al
l lawful governing body directives, state and federal law, Employer policies, rules and ordinances as they exist or may hereafter be amended. As City Manager, Employee shall act as the Chief Executive Officer of Employer.
B. I
t shall be the duty and right of Employee to hire, direct, assign, reassign, supervise, evaluate and/or terminate all of the employees of Employer, except for the City Attorney, consistent with Employer’s policies, ordinances, charter, state and federal law. It also shall be the duty of Employee to accept all resignations of employees of Employer consistent with the policies, ordinances, state and federal law, except for the resignation of Employee or the City Attorney, which must be accepted by the City Council.
C. I
t shall be the duty and right of Employee to organize, reorganize, arrange and/or direct the staff of Employer and to develop and establish internal regulations, rules and procedures which Employee deems necessary for the efficient and effectiv e
op
eration of Employer and consistent with all lawful directives, policies, ordinances, state and federal law.
D. E
mployee shall perform the duties of City Manager of the Employer with reasonable care, diligence, skill, and expertise. Employee shall devote reasonable energy and productive time to the performance of his duties, except that Employee shall be entitled to establish an appropriate and reasonable work schedule. 6 EXHIBIT A
RES. NO. 2020-17XX
E. Employee shall be entitled to engage in all reasonable and lawful outside activities, so long as such activities do not interfere with the performance of Employee’s duties to Employer or pose a conflict of interest for Employer, subject to the approval of the Mayor of Simi Valley.
F. Employee shall attend, and shall be permitted to attend, all meetings of the City Council, both public and closed, with the exception of those closed meetings devoted to the subject of this Agreement or any amendment thereto, Employee’s evaluation or as otherwise required or precluded by applicable law.
G. The City Council, individually and collectively, shall refer in a timely manner all substantive criticisms, complaints, concerns or suggestions from any source which are known to or should have been known by the City Council to Employee for review and/or appropriate action.
Section 3. COMPENSATION
A. Employer agrees to pay Employee an annual base salary of Two Hundred and Fifty-Eight Thousand Dollars and No eight Cents ($258,000.0 80), payable in installments in accordance with the management payroll practices of Employer and/or as required by law.
B. At the discretion of the City Council, t his Agreement may be amended to incorporate any salary and/or benefits adjustments granted, provided or required by the City Council and/or Employer’s compensation policies on the same basis as applied to executive management employees of the City of Simi Valley.
C. Employer shall review Employee’s base salary on no less than an annual basis to consider a reasonable increase based upon such factors as market value, cost of living, performance, budget, City size, and any other relevant factors.
D. At any time during the term of the Agreement, Employer may, in its discretion, review and adjust the salary of the Employee, but in no event shall the Employee be paid less than the salary set forth in Section 3.A. of this Agreement except by mutual written agreement between Employee and Employer. Such adjustments, if any, shall be made pursuant to a lawful action of the City Council. In such event, Employer and Employee agree to devote their best efforts and reasonabl e cooperation to execute a new or amended employment agreement incorporating the adjusted salary. For the purposes of California public employee compensation law, Employee’s compensation is considered indefinite with respect to the time period prior to any specific adjustment that may be approved by action of the City Council.
D.E. Effective December 11, 2020, Employee shall receive a four (4) percent (4%) salary merit increase, which amounts to an annual base salary of $268,320.00.
Effecitive December 11, 2021, Employee shall receive a four (4) percent (4%) Formatted: List Paragraph, Left, No bullets or numbering 7 RES. NO. 2020-17XX
salary merit incease, which amounts to an annual base salary of $284,633.85 and includes benefits and compensation as they apply to the City Manager set forth in more detail in Resolution No.2021-50.
Section 4. BENEFITS
A. Employer agrees to provide and to pay the premiums for health, hospitalization, surgical, vision, dental and comprehensive medical insurance for Employee and Employee's dependents, equal to that which is provided to all other executive management employees of the City of Simi Valley. Employee agrees to pay the same employee co- payments, coinsurance, associated costs, contributions, and deductibles as other executive management employees of the City of Simi Valley covered by the Employer’s insurance benefits. Employee may elect to submit once per calendar year to a complete physical examination, including a cardiovascular examination, by a qualified physician selected by the Employee . Employee must utilize one of the health plans provided by Employer for the physical examination, which shall be the primary payor. Employer will reimburse Employee for out of pocket costs such as co-payments incurred for the examination up to a maximum of $500 per fiscal year.
B. Employer agrees to put into force and to make required premium payments for short-term and long-term disability insurance coverage for Employee equal to that which is provided to all other executive management employees of the City of Simi Valley.
C. Employer shall procure and pay all premiums due for term life insurance for Employee in the amount of $750,000. If such coverage is not available through Employer’s insurance carrier or Employee elects to obtain coverage through an alternative insurance carrier, Employer shall reimburse Employee for the cost of the premiums in an amount necessary to provide such life insurance coverage.
The Employee shall own the life insurance policy, which shall be in the name of Employee and Employee shall have the sole right to name the beneficiary(ies) of the life insurance policy.
D. Upon the effective date of this Agreement, Employee shall retain Employee’s balance of Annual Leave hours in the amount Employee has accrued up to and including the day prior to the effective date of this Agreement. In addition, upon the effective date of this Agreement, Employee shall accrue Annual Leave consistent with an accrual rate no less than the rate at which Employee accrued Annual Leave prior to the effective date of this Agreement, which shall continue to accrue at no less than the rate in place for other executive management employees of the City of Simi Valley. Employee’s right to accrue, carryover, use, cash out and recover at termination his accrued but unused Annual Leave shall be the same as other executive management employees and/or as required by applicable law. 8 RES. NO. 2020-17XX
E. Employee shall be entitled to the same holidays and holiday benefits as provided to other executive management employees of the City of Simi Valley.
F. Employer agrees to pay to Employee the sum of Five Hundred Dollars and No Cents ($500.00) per month as a vehicle allowance to be used by Employee to purchase, lease, own, insure, operate and/or maintain a vehicle of the Employee’s choosing. Employer shall reimburse Employee at the IRS standard mileage rate for any miles traveled outside of Ventura County by Employee for City business purposes.
Section 5. RETIREMENT
A. Employer agrees to continue and maintain Employee’s enrollment in the California Public Employees’ Retirement System (“CalPERS”) and shall make applicable contributions consistent with Employee’s continued employment and as required for other executive management employees of the City of Simi Valley and/or as required by applicable law.
B. Employee shall be entitled to participate in the Section 457 and 401(k) deferred compensation plan(s) consistent with other executive management employees of the City of Simi Valley , including matching contributions by Employer in any amount or percentage granted to other executive management employees of the City of Simi Valley, but in an amount no less than that provided to Employee in the year prior to the execution of this Agreement.
C. Employee shall provide a minimum of ninety (90) days’ advance written notice to Employer of Employee’s intent to retire from employment with Employer for the purposes of CalPERS. Upon Employee’s retirement for the purposes of CalPERS, Employee shall be entitled to all final pay, accrued and unused Annual Leave and any other employment compensation and benefits required by Employer policy or applicable law.
Section 6. BUSINESS EXPENSES
A. Employer agrees to budget and pay for all professional dues, subscriptions and costs associated with Employee’s continued and full participation in national, regional, state and local associations and organizations necessary to and/or desirable for Employee’s continued professional participation, growth and advancement, and/or for the good of Employer, subject to budget approval by the City Council.
B. Employer agrees to budget and pay for travel and subsistence expenses of Employee for professional and official travel, meetings and occasions to adequately continue the professional development of Employee and pursue 9 RES. NO. 2020-17XX
necessary official functions for Employer, including but not limited to the ICMA Annual Conference, the California league of municipalities, and such other national, regional, state and local governmental groups and committees in which Employee serves as a member or participant, subject to budget appr oval by the City Council.
C. Employer agrees to budget and pay for travel and subsistence expenses of Employee for courses, institutes and seminars necessary to Employee’s professional development and for the good of the Employer, subject to budget approval by the City Council.
D. Employer agreed to reimburse Employee for all business expenses incurred by Employee for business purposes, including meals where Employer business may be discussed or conducted and participation in social events of various organizations when Employee attends as a representative of Employer. Such expenditures shall be subject to annual budget constraints as well as state and Employer ethics and purchasing policies. The Administrative Services Director is authorized and directed to promptly reimburse such expenses to Employee upon receipt of Employee’s duly-executed expense or petty cash vouchers, receipts, statements or personal affidavits.
E. Employer agrees to reimburse Employee for Employee’s business use of a cell phone and cellular service at the same rate paid to other executive management employees of the City of Simi Valley.
Section 7. TERMINATION
A. Resignation by Employee. Employee may voluntarily resign his employment at any time by providing the City Council with not less than sixty (60) days’ advance written notice of the effective date of resignation. In the event of Employee’s voluntary resignation from employment with Employer, Employee shall be entitled to all final compensation and benefits due pursuant to Employer policy or applicable law, including but not limited to accrued and unused Annual Leave, but shall not be entitled to receive payment of any severance as set forth in S ection
7.D. below.
B. Termination by Employer. Employer may terminate Employee’s employment at any time, with or without cause, except that Employer may not terminate Employee within the ninety (90) -day period before or after the election, appointment, resignation, recall, removal, vacancy, seating and/or swearing in of one o r more City Council members, so as to permit any new City Council member with a meaningful opportunity to observe and work cooperatively with Employee before taking any action to terminate Employee.
C. Employee may be terminated and shall be deemed to have been terminated by Employer under the following circumstances:
10 RES. NO. 2020-17XX
1. Upon a vote of the majority of the City Council conducted at a duly - authorized public meeting noticed and held in accordance with the Brown Act.
2. When a majority of the City Council votes to offer Employee the opportunity to resign in lieu of impending termination with or without cause, which offer may be accepted by Employee through the tendering of Employee’s resignation in writing.
3. Employer reduces the base salary, total compensation or any other financial benefits of Employee, unless such reduction is applied in no greater percentage than the concurrent average reduction in base salary, total compensation or any other financial benefits of all department heads.
4. Breach of this Agreement by Employer, except that Employee must provide Employer with written notice of any alleged breach and Employer shall have a period of thirty (30) days in which to cure such alleged breach.
D. Severance. In the event that Employee is terminated with cause, Employee shall
be entitled to his final compensation through the date of resignation and all accrued benefits, including without limitation accrued and unused Annual Leave, as required by Employer policy or applicable law, but Employee shall not be entitled to payment of any severance as set forth in this section. In the event that Employee is terminated
without cause, and in addition to his final compensation through the date of resignation and all accrued benefits, including without limitation accrued and unused Annual Leave, as required by Employer policy or applicable law, Employee also shall be entitled to a lump-sum cash payment as severance in an amount equal to the total of Employee’s monthly base salary which total shall be multiplied by eighteen (18) months, less applicable tax deductions and withholdings. Such severance shall be paid to Employee by Employer within thirty (30) days of termination. In the event that any portion of such severance is unenforceable as a matter of law, Employee shall be entitled to the maximum severance legally permissible, but not to exceed the severance benefits provided for in this section. For the purposes of this section, “cause” shall be defined as Employee’s misappropriation of public funds, conviction of a felony, or conviction of a misdemeanor involving moral turpitude.
Section 8. PERFORMANCE EVALUATION
A. Employer shall review Employee’s performance no later than February of each year. All such performance reviews shall be subject to a process, form, criteria, and format for the evaluation as mutually agreed upon by Employer and Employee, which shall include at a minimum (1) a written evaluation form completed by each member of the City Council ; (2) a meeting of Employee and the City Council to discuss the evaluation forms; and (3) a final written summary of the evaluation 11 RES. NO. 2020-17XX
results, which shall be provided t o Employee within thirty (30) days of the evaluation meeting. Any performance objectives established for Employee shall be clearly defined, requested in good faith and reasonably obtainable within a reasonable time frame.
B. Unless the Employee expressly requests otherwise in writing, Employee’s evaluation shall at all times be conducted in Closed Session of the City Council and all documentation and/or discussions of Employee’s evaluation shall be considered confidential to the extent permitted by law. Nothing herein shall prohibit the Employer or Employee from sharing the content of the Employee’s evaluation with their respective legal counsel.
Section 9. INDEMNIFICATION
A. In addition to that required by federal, state or local law or by Employer policy , Employer shall defend, hold harmless and indemnify Employee for and against any and all charges, losses, demands, damages, judgments, interest, awards, settlements, penalties, assessments, fines, fees, costs or other financial obligations of any kind, as well as any and all actual or potential liabilities arising from, related to, or connected with any tort, professional liability claim or demand or any other threatened, pending or completed action, suit, charge, complaint or proceeding, whether civil, c riminal, administrative, arbitrati ve or investigati ve, arising out of an alleged or actual act or omission occurring in the course and scope of Employee’s employment with Employer or resulting from Employee’s exercise of judgment or discretion in connection with the performance of Employee’s duties or responsibilities unless the act or omission involved Employee’s willful or wanton misconduct.
B. Upon Employee’s request, Employer shall provide independent legal representation of Employer’s choosing, which representation is reasonably acceptable to Employee, at Employer’s expense and with such representation to continue until a final determination of any governmental, legal or administrative action, including any appeals brought by either party.
C. Employer shall pay all reasonable fees and expenses of Employee throughout the pendency of any governmental, legal or administrative action in which Employee is a party, witness or advisor to Employer for so long as such action is pending.
D. Subject to applicable law, Employer shall pay Employee reasonable fees and costs, including without limitation consulting fees and travel expenses , when Employee is requested or required to serve as a witness, advisor or consultant to Employer regarding any legal, administrative or business matter.
E. Employer shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance.
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F. To the extent Employer provides: ( 1) paid leave to Employee pending an investigation; (2) funds for the legal or criminal defense of the Employee; and/or (3) a cash settlement to Employee related to the termination of the Employee, pursuant to this Agreement and Government Code Section 53243 et seq., Employee shall fully reimburse Employer for any and all such amount s paid by Employer in the event that Employee is convicted of a crime involving the abuse of his office or position as provided in Government Code Sections 53243 - 53243.4.
This provision is required to be included in this Agreement under Government Code Section 53243.
G. The provisions of this section shall survive the termination of this Agreement.
Section 10. NOTICES
Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) to Employer:
c/o City Council, City of Simi Valley, 2929 Tapo Canyon Road, Simi Valley, CA 93063; (2) to Employee: Brian Paul Gabler, at Employee’s current address on file with Human Resources. Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service.
Section 11. GENERAL PROVISIONS
A. This Agreement sets forth and establishes the entire understanding between Employer and Employee relating to the subject matter contained herein. Any prior discussions or representations by or between Employer and Employee are merged into and superseded by this Agreement. Employer and Employee may amend any provision of this A greement during the life of the A greement only upon a writing mutually agreed to and signed by both parties, whereupon such amendments shall be incorporated and made a part of this agreement.
B. This Agreement shall be binding on Employer and Employee as well as their respective heirs, agents, assigns, executors, representatives and successors in interest.
C. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid or unenforceable, such provision shall be stricken from the Agreement and the remaining provisions shall be deemed to be in full force and effect.
D. This Agreement is for professional and unique services of Employee, which are personal to the City, and this Agreement is not transferrable or assignable.
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E. This Agreement shall be governed and interpreted in accordance with the laws of the State of California, without regard to conflict of law principles. Venue shall lie in Ventura County.
F. The undersigned parties represent that they each have the authority to enter into this Agreement, and have done so with full knowledge and understanding of its terms and with the intent to abide by the same.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of its Effective Date.
City of Simi Valley, a Municipal Corporation Brian Paul Gabler, Employee
By: ________________________________
Keith L. Mashburn
Mayor of the City of Simi Valley
Approved as to Form:
____________________________
Lonnie J. EldridgeDavid Caceres, City Attorney
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