AT-WILL EMPLOYMENT AGREEMENT BETWEEN
CITY OF STOCKTON AND KATHERINE ROLAND AS INTERIM CITY CLERK (AT-WILL AND NON-CLASSIFIED POSITION)
This At-Will Employment Agreement is made and entered into on May ___, 2024, by and between the City of Stockton, a California charter city and municipal corporation ("CITY") and Katherine Roland, an individual, ("EMPLOYEE") on the following terms and conditions set forth below (“AGREEMENT”). CITY and EMPLOYEE shall be collectively referred to as “PARTIES” or individually referred to as “PARTY.”
RECITALS
WHEREAS, CITY is in the process of recruiting a full-time replacement for its City Clerk, and CITY requires the services of an Interim City Clerk; and WHEREAS, Employee currently serves as the City’s Assistant City Clerk, an at-will position, and represents that she has the necessary and specialized experience, skills, and expertise required to serves as the City’s Interim City Clerk; and WHEREAS, the City Council of the City (“City Council”) desires to appoint Employee to the position of Interim City Clerk subject to the terms and conditions of the AGREEMENT; and NOW THEREFORE, it is hereby agreed by CITY and EMPLOYEE as follows:
AGREEMENT
INTERIM CITY EMPLOYMENT. CITY hereby appoints Employee as its Interim City Clerk, effective May 21, 2024 (“Effective Date”), and Employee hereby accepts such employment.
AT-WILL AGREEMENT. EMPLOYEE is at-will and serves at the pleasure of City Council and can be terminated at any time with or without cause. Employee’s at-will status means there is no guarantee as to length of time for employment. No CITY representative has authority to agree to anything contrary to employee at-will status unless it is specific, in writing, and signed by City Council.
TERM. This Agreement shall commence on the Effective Date. This AGREEMENT shall expire as of the first of the following to occur: (1) A permanent City Clerk assumes that office; (2) upon EMPLOYEE working her 960th hour as the Interim City Clerk, during CITY's 2023-2024 fiscal year or any subsequent fiscal year; or (3) upon termination of the Agreement by either EMPLOYEE or CITY as provided in Section G [SEPARATION] of this Agreement.
INTERIM CITY CLERK’S COMMITMENTS.
DUTIES AND RESPONSIBILITIES.
EMPLOYEE shall perform all of the functions and duties of the City Clerk as set forth in the City Clerk class specification attached hereto and incorporated herein by reference as Attachment “A,” which may be amended from time to time; CITY’s Charter, Municipal Code, rules, policies, procedures, regulations, ordinances, and resolutions, which may also be subsequently amended from time to time. EMPLOYEE shall also perform other legally permissible and/or customary and appropriate duties and functions of the City Clerk as the CITY COUNCIL may assign from time to time, together with such additional services consistent with the laws of the United States and State of California.
Employee shall perform her duties to the best of her ability in accordance with the highest professional and ethical standards of the profession. Employee shall devote her attention, skill, ability, and productive time to the performance of Employee’s duties and responsibilities and CITY’s business.
CITY’s personnel rules, policies, procedures, regulations, ordinances, and resolutions shall apply to EMPLOYEE in the same manner as applied to other non-classified at-will Department Heads. As feasible, their provisions shall be read to apply in tandem with the terms of this AGREEMENT. However, to the extent an express provision of this AGREEMENT conflicts, this AGREEMENT shall govern.
Conflict of Interest.
Employee shall not engage in any business or transaction or shall have a financial or other personal interest or association, direct or indirect, which is in conflict with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business, personal, or political associations.
Employee shall also comply with the conflict of interest provisions under California law and any conflict of interest code applicable to Employee’s City employment. Employee is responsible for submitting to Human Resources the appropriate Conflict of Interest Statements prior to performing any services under this AGREEMENT, and thereafter as required by law.
HOURS OF WORK.
Employee is expected to engage in those hours of work that are necessary to perform the duties and fulfill the obligations of the Interim City Clerk position, which fall both within and outside of customary and normal business hours. Employee shall be required to have an onsite presence at the City Clerk’s Department and/or City Hall or other city facilities during her work schedule as assigned by City Council and subject to change from time to time. EMPLOYEE shall notify Council via email when working at a non-city location. The position of Interim City Clerk shall be deemed an exempt position under state and federal wage and hour laws. Employee’s compensation (whether salary or benefits or other allowances) is not based on hours worked and Employee shall not be entitled to any compensation for overtime.
Employee may engage in teaching, consulting, speaking, or perform other non-City connected activities for which she is compensated only with the express prior consent of City CounciL. Consent shall be deemed granted if after emailing Council for permission to engage in the activity, EMPLOYEE does not receive objections from a majority of the Council.
Disability or Inability to Perform. If, as the result of long-term or permanent disability, sickness, accident, injury, mental incapacity, or other personal health-related reason, City determines that Employee is unable to perform her essential duties, with or without reasonable accommodation, after exhausting all authorized use of accrued sick leave, vacation, or other authorized paid/unpaid leave available under applicable City policies or state or federal law, City Council may terminate Employee. If City Council does elect to terminate Employee due to incapacity, EMPLOYEE shall be terminated without cause, as provided in Section I [TERMINATION WITHOUT CAUSE] below. In exercising this option, City will comply with its obligations under applicable state and federal disability and public retirement laws.
BASE SALARY.
On the Effective Date of this AGREEMENT, CITY shall compensate EMPLOYEE for her services rendered pursuant to this AGREEMENT a gross monthly salary of $13,281.64 payable in installments at the same time and in accordance with CITY’s payroll procedures for other CITY employees, and subject to all applicable payroll taxes and withholdings. EMPLOYEE shall receive all increases provided under the “City of Stockton Unrepresented Management/Confidential and Law Employees’ Compensation Plan” for employees designated under the Management Plan “MA” and/or “Department Heads,” dated July 1, 2023.
At the discretion of City Council, this Agreement may be amended to incorporate any salary and/or benefit adjustments granted, provided, or required by City Council. City shall not at any time during the term of this Agreement reduce the base salary, compensation, or other economic benefits of Employee, unless as part of a general City management reduction, and then in no greater percentage than the average reduction of all City Department Heads whose salaries, compensation or economic benefits are reduced.
BENEFITS.
Economic Benefits. Except as set forth in this AGREEMENT, CITY agrees to provide EMPLOYEE with the economic benefits provided under the “City of Stockton Unrepresented Management/Confidential and Law Employees’ Compensation Plan” for employees designated under the Management Plan “MA” and/or “Department Heads,” dated July 1, 2023, and as may be amended by CITY COUNCIL from time to time, as set forth in Section E above.
Professional Development. CITY agrees to pay for reasonable sums of professional dues, subscriptions, travel, and subsistence expenses of EMPLOYEE for professional participation in appropriate organizations, subject to prior review and approval by CITY. Notwithstanding the foregoing, City Council shall have discretion to establish appropriate amounts, in the annual City budget or otherwise, of official and professional development expenses and travel costs.
SEPARATION.
Resignation. Employee may resign from the position of Interim City Clerk at any time and agrees to provide City Council with a minimum of 30 days advanced written notice of the effective date of EMPLOYEE’s resignation unless the PARTIES otherwise agree in writing. So long as such notice is provided, nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Employee to return to her prior at-will position of Assistant City Clerk or, at Employee’s election, Employee may separate from City employment. Should Employee elect to return to the Assistant City Clerk at-will position, CITY’s applicable rules, policies and procedures establishing the terms and conditions of at-will employment as Assistant City Clerk, which may be amended from time to time, and subject to the most current amendment, shall control Employee’s at-will employment as Assistant City Clerk. If EMPLOYEE separates from CITY employment, EMPLOYEE shall be entitled to only the compensation accrued up to the date of termination, and such other termination benefits and payments as may be required by law or applicable provisions of the “City of Stockton Unrepresented Management/Confidential and Law Employees’ Compensation Plan” for employees designated under the Management Plan “MA” and/or “Department Heads”. This Agreement shall terminate upon the effective date of EMPLOYEE’s resignation.
H. Removal.
Employee is an at-will employee serving at the pleasure of City Council as provided in Article XIV, Section 1400 of the City Charter. Employee has no constitutionally protected property or other interest in her employment as Interim City Clerk. Nothing in this AGREEMENT shall be construed to create a property interest for EMPLOYEE in the position of Interim City Clerk or in EMPLOYEE’s former at-will position of Assistant City Clerk.
City Council may terminate Employee at any time, with or without cause, by a majority vote of its members. This Agreement shall terminate upon the effective date of Employee’s termination.
Termination Without Cause. If CITY COUNCIL terminates EMPLOYEE as the Interim City Clerk without cause, (cause is defined in Section J below), CITY COUNCIL agrees that EMPLOYEE may return to her prior at-will position as the Assistant City Clerk for CITY under the terms and conditions set forth in CITY’s applicable rules, policies and procedures establishing the terms and conditions of EMPLOYEE’s prior at-will employment as Assistant City Clerk, which may be amended from time to time and subject to the most current amendment. EMPLOYEE shall be entitled to only the compensation accrued up to the date of termination, and such other termination benefits and payments as may be required by law or applicable provisions of the “City of Stockton Unrepresented Management/Confidential and Law Employees’ Compensation Plan” for employees designated under the Management Plan “MA” and/or “Department Heads”. This Agreement shall terminate upon the effective date of EMPLOYEE’s termination. j. Termination For Cause.
Notwithstanding the provisions of Section I [TERMINATION WITHOUT CAUSE], City Council may terminate Employee for cause. As used in this section, “cause” shall mean only one or more of the following:
Incompetency such as failure of EMPLOYEE to comply with the minimum standards for the position of Interim City Clerk.
Neglect of duty, such as failure to timely perform the duties required of Employee's position or failure to implement policy directions of City Council.
Any grossly negligent action or inaction by Employee that materially and adversely: (a) impedes or disrupts the operations of City or its organizational units; (b) is detrimental to employees or public safety; or (c) violates City’s properly established rules or procedures.
Dishonesty involving employment.
Being under the influence of alcohol or intoxicating drugs while on duty.
Absence without leave.
Conviction of a crime or conduct constituting a violation of state or federal law that renders it more difficult for Employee to deliver public service. “Conviction” includes entry of a plea of nolo contendere or a plea bargain.
Improper or unauthorized use of City property.
Failure to engage or participate in good faith in an interactive process to attempt to identify an effective reasonable accommodation to resolve a physical or mental infirmity(s) or defect(s) affecting job performance when it is within the capacity of the employee to do so.
Acceptance from any source of any emolument, reward, gift, or other form of remuneration in addition to Employee’s regular compensation, as a personal benefit to Employee in connection with actions performed in the normal course of Employee’s assigned duties.
Falsification of any City report or record or of any report or record required to be, or, filed by Employee.
Engagement in prohibited harassment, discrimination, retaliation, or abusive conduct.
Engaging in any incompatible activity or prohibited conflict-of-interest.
A material breach of this Agreement.
For purposes of this provision, a determination that “cause” exists shall be based on demonstrable, or otherwise reasonably proven, sustained, corroborated, or admitted conduct.
In the event CITY terminates Employee for cause, then City may terminate this Agreement immediately, and Employee shall no longer be employed by CITY and this AGREEMENT shall terminate. EMPLOYEE shall be entitled to only the compensation accrued up to the date of termination, and such other termination benefits and payments as may be required by law or applicable provisions of the “City of Stockton Unrepresented Management/Confidential and Law Employees’ Compensation Plan” for employees designated under the Management Plan “MA” and/or “Department Heads”.
NO SEVERANCE. EMPLOYEE shall not be entitled to any severance pay upon the termination or expiration of this AGREEMENT for any reason or EMPLOYEE’s resignation or termination from the Interim City Clerk position or from CITY employment for any reason.
Return of City Property. Upon the termination or expiration of this AGREEMENT for any reason, EMPLOYEE’s resignation or termination from the Interim City Clerk position or from CITY employment for any reason, EMPLOYEE agrees to immediately surrender any and all writings containing information relating to the conduct of the CITY’s business prepared, owned, used, or retained by EMPLOYEE regardless of physical form or characteristics, and any and all equipment, tools, or other materials of whatever nature provided to EMPLOYEE by CITY in her capacity of Interim City Clerk ASSISTANT CITY CLERK. THE CITY COUNCIL agrees that the at-will position of Assistant City Clerk, formerly held by EMPLOYEE, will not be filled with a permanent replacement during EMPLOYEE’s appointment as the Interim City Clerk.
Indemnification.
i. In accordance with and to the extent provided by California's Tort Claims Act (Gov. Code § 825 et seq.) and Government Code sections 995-996.6, the City shall defend and indemnify Employee against and for all losses sustained by Employee in direct consequences of the discharge of Employee's duties on the City's behalf for the period of Employee's employment. ii. Nothing in this agreement shall expand the City’s defense and indemnification obligations beyond those provided in the Government Code Tort Claims Act (Gov. Code § 825, et seq.) and Government Code sections 995-996.6. Further, in the event City provides funds for legal criminal defense pursuant to this sub-section and terms of the Government Code, EMPLOYEE shall reimburse the City for such legal criminal defense funds if EMPLOYEE is convicted of a crime involving an abuse of office or position, as provided by Government Code sections 53243 — 53243.4. iii. City and Employee agree that it is their mutual intent to fully comply with Government Code sections 53243 – 53244, as applicable. Upon conviction as set forth in Government Code sections 7522.72 or 7522.74, Employee may forfeit the benefits in accordance with those sections.
iv. This Section N [INDEMNIFICATION] shall survive termination of this Agreement.
BONDING. CITY shall bear the full cost of any fidelity or other bonds the CITY requires of EMPLOYEE under any law or ordinance or otherwise.
AMENDMENTS. This agreement may only be modified in writing and duly authorized and executed by both parties.
SEVERABILITY. If any provision of this agreement is found by a court of competent jurisdiction over the PARTIES to be illegal or unenforceable, the remainder of this agreement shall not be affected and shall remain in full force and effect to the greatest extent permitted by law, unless the parts found to be illegal or unenforceable are wholly inseparable from the remaining portion of this AGREEMENT.
Jurisdiction and Venue. Any dispute concerning this agreement shall be governed by the laws of the State of California, and the Parties agree that venue shall be in San Joaquin County, California.
ENTIRE AGREEMENT. This agreement and its Attachment contains the entire agreement of the PARTIES . No promise, representation, warrant or covenant not included in this agreement has been or is relied on by any party hereto. //
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NOTICE.
Any notices, including change of address of either party during the term of this Agreement, which Employee or the City shall be required, or may desire, to make pursuant to this Agreement shall be in writing and shall be either hand-delivered or sent by prepaid first class mail and addressed as follows:
TO CITY: Mayor
City of Stockton
425 N. El Dorado St
Stockton, CA 95202
TO EMPLOYEE: Katherine Roland
[Most recent address on file with Human Resources]
IN WITNESS WHEREOF CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor, and duly attested by its Deputy City Clerk, and EMPLOYEE has signed and executed this AGREEMENT, as of the day and year first above written.
EMPLOYEE
KATHERINE ROLAND
CITY OF STOCKTON
KEVIN J. LINCOLN II
MAYOR
ATTEST:
DEPUTY CITY CLERK
APPROVED AS TO FORM:
LORI M. ASUNCION
CITY ATTORNEY
Spec Amended: 01/08/2002 Resolution: CC02-0003 Spec Amended: 10/21/2008 Spec Amended: 09/12/2017 Spec Amended: 11/13/2018 Unit: Unrepresented/MA Employment Status: At-Will FLSA Status: Exempt CS Status: UnclassifiedSee Historical Note on page 4 Spec Amended: 01/08/2002 Resolution: CC02-0003 Spec Amended: 10/21/2008 Spec Amended: 09/12/2017 Spec Amended: 11/13/2018 Unit: Unrepresented/MA Employment Status: At-Will FLSA Status: Exempt CS Status: UnclassifiedSee Historical Note on page 4City of Stockton Spec Amended: 01/08/2002
Resolution: CC02-0003
Spec Amended: 10/21/2008
Spec Amended: 09/12/2017
Spec Amended: 11/13/2018
Unit: Unrepresented/MA
Employment Status: At-Will
FLSA Status: Exempt
CS Status: Unclassified
See Historical Note on page 4
Spec Amended: 01/08/2002
Resolution: CC02-0003
Spec Amended: 10/21/2008
Spec Amended: 09/12/2017
Spec Amended: 11/13/2018
Unit: Unrepresented/MA
Employment Status: At-Will
FLSA Status: Exempt
CS Status: Unclassified
See Historical Note on page 4
CITY CLERK
DEFINITION
Under policy direction of the City Council, plans, organizes, coordinates, and directs the operations and activities of the City Clerk’s Department; serves as Clerk of the City Council and Secretary to the Successor Agency to the Redevelopment Agency, Public Finance Authority, Parking Authority, Civil Service Commission, Equal Employment Commission, and other Council Committees; is the custodian of the City seal, signs all documents that constitute obligations of the City; administers municipal elections; directs the City’s Records Management Program; provides policy guidance and expert professional assistance to other City departments in areas of responsibility.
CLASS CHARACTERISTICS
This at-will position is one of four established by the City Charter and reports directly to the City Council. The incumbent is expected to initiate, develop, and implement policies and procedures to execute the laws, resolutions, and City Council Minute orders for which the position is responsible. The position differs from most other department head positions in that the incumbent is appointed by, and serves at the pleasure of, the City Council and receives administrative direction from the Council. The City Charter and ordinances and laws of the State of California prescribe many City Clerk functions and activities.
PRINCIPAL DUTIES
Plans, organizes, coordinates, and directs the work of the City Clerk’s department; develops and directs the implementation of goals, objectives, policies, procedures, and work standards for the department; develops and administers the department’s budget.
Works closely with the City Council, City Manager, City Attorney, department managers, and other public and private entities in providing expert professional information and services.
Coordinates the preparation of agendas and supporting material including public notification, and legal and display advertising; publish, issuance, and posting of final agendas.
Directs the preparation, publication, distribution, filing, indexing, and safekeeping of Council proceedings, minutes, and actions.
Plans and directs the processing of ordinances, resolutions, bond issues, annexations, vacations, assessments, charter amendments, initiatives, referendum, recall petitions, and other related documents. Attends City Council and other commission meetings and is responsible for the documentation, maintenance, and dissemination of Council/commission actions including minutes, ordinances, resolutions, and contracts as applicable; in accordance with the Brown Act.
Serves as custodian of official City records and public documents; seals and attests by signature to ordinances, resolutions, and contracts, easements, deeds, bonds or other documents requiring city certification.
Administers Citywide conflict of interest and campaign financing programs and serves as filing officer for Campaign Disclosure Statements, Statements of Economic Interest, and compliance to AB 1234 Ethics Training in accordance with state regulations.
Administers the conduct of all municipal elections including candidate elections, measure elections specific to petition processing in accordance with state and local election laws; tabulates and certifies election results.
Oversees the processing of all appointments, resignations, and terminations for all official boards, commissions, and committees; administer oaths and affirmations.
Administers the City’s Records Management Program, providing leadership and direction in developing and implementing new computer software programs on a Citywide basis; directs the maintenance of official City documents, records, and archival records.
Develops and administers the departmental annual budget.
Represents the City in meetings with representatives of governmental agencies, business, professional and community agencies, and the public.
Monitors and maintains current knowledge of developments related to City Clerk matters; evaluates their impact upon City operations and recommends and implements policy and procedural improvements.
MINIMUM QUALIFICATIONS
Education/Experience:
Possession of a Bachelor’s degree from an accredited college or university with major coursework in public administration, business administration, or a closely related field; AND five (5) years of supervisory experience in an administrative capacity that has included municipal elections administration, enterprise records management and the interpretation of laws and ordinances. Possession of a Master’s Degree, experience as an Assistant City Clerk at the division head level, and management supervisory experience are highly desirable.
Other Requirements:
Must possess a valid California Class C driver’s license.
Possession of a Certified Municipal Clerk Certificate (CMC) or Master Municipal Clerk (MMC) certificate.
Knowledge of:
Principles and practices of modern municipal management and administration, including the structure and organization in a Mayor-Council/City Manager form of government; Principles and practices of electronic and manual records and archival management and systems analysis and implementation; Government codes pertaining to records management, municipal elections administration including candidate and measure elections, the Brown Act, the Maddy Act, the Public Records Act, and parliamentary procedures; Administrative principles and methods, including goal setting, program development and implementation, budgeting, staffing, and work standards development; Principles and practices of effective employee supervision and department-level management; Principles and practices of contract development, administration, and evaluation; and Modern computer user applications, including word processing, microcomputer, and mainframe computer applications.
Skill in:
Planning, organizing, directing, and supervising departmental staff and activities; Selecting, motivating, and evaluating staff and providing for their training and professional development; Analyzing and interpreting complex legal documents and contracts and administrative procedures and regulations; Planning and organizing municipal elections; developing related calendars; processing Council candidates for election; technical review and processing of petitions specific to charter amendment, initiatives, referendum, and recall; Developing standards for and managing paper and electronic enterprise records; Comprehending complex laws and regulations and initiating policies and procedures for their implementation; Managing and conducting meetings;
Preparing meeting minutes using proper legislative terminology, documentation, and other reports and correspondence; Communicating clearly and concisely, presenting ideas effectively orally and in writing; Exercising sound, independent judgment within general policy guidelines; Establishing and maintaining cooperative working relationships with elected officials, department heads, outside agencies, City administration, other employees, and the general public, including people of diverse backgrounds and interest.
Physical/Mental Abilities:
Mobility - Frequent sitting for long periods of time while operating a keyboard; occasional walking, bending, squatting, climbing stairs, climbing ladders, kneeling, and crawling and twisting; Lifting - Occasional lifting and/or carrying up to 25 pounds or less; Vision - Constant use of overall visual capabilities, reading fine print and PC screens; reading and producing printed material, frequent need for use of color perception; Dexterity - Frequent typing, occasional holding, grasping, pushing, pulling, and repetitive motion; Hearing/Talking - Constant hearing and talking of normal speech in person and on the telephone; frequently over noise, and the ability to detect specific noises and proper equipment operation; Special Requirements – Must be willing to attend meetings outside of normal working hours; may require frequent weekend, night, or evening work; may require occasional driving; Emotional/Psychological - Constant concentration, decision making and public contact; frequent ability to exercise sound judgment, especially under stressful situations; and ability to work alone; Environmental Conditions – None; and
Working Conditions - Primarily performed in an office environment, which is typically quiet; public meeting locations may be loud at times; duties may also be performed outside of City Hall.
This class specification should not be interpreted as all inclusive. It is intended to identify the essential functions and requirement of this job. Incumbents may be requested to perform job-related responsibilities and tasks other than those stated in this specification. Any essential function or requirement of this class will be evaluated as necessary should an incumbent/applicant be unable to perform the function or requirement due to a disability as defined by the American with Disabilities Act (ADA). Reasonable accommodation for the specific disability will be made for the incumbent/applicant when possible.
APPROVED:
Original signed by
KEVEN P. STAR
DIRECTOR OF HUMAN RESOURCES
DATE: November 13, 2018
HISTORICAL NOTE:
Established: 01/6/1913 Resolution: CC-1 Exempted: 04/14/1941 Ordinance: 1606 Spec Established: 02/05/1942 Resolution: CS163 Spec Amended: 03/21/1968 Resolution: CS3827 Exempted: 11/12/1985 Resolution: CC85-0684 Established: 01/6/1913 Resolution: CC-1 Exempted: 04/14/1941 Ordinance: 1606 Spec Established: 02/05/1942 Resolution: CS163 Spec Amended: 03/21/1968 Resolution: CS3827 Exempted: 11/12/1985 Resolution: CC85-0684 Established: 01/6/1913
Resolution: CC-1
Exempted: 04/14/1941
Ordinance: 1606
Spec Established: 02/05/1942
Resolution: CS163
Spec Amended: 03/21/1968
Resolution: CS3827
Exempted: 11/12/1985
Resolution: CC85-0684
Established: 01/6/1913
Resolution: CC-1
Exempted: 04/14/1941
Ordinance: 1606
Spec Established: 02/05/1942
Resolution: CS163
Spec Amended: 03/21/1968
Resolution: CS3827
Exempted: 11/12/1985
Resolution: CC85-0684
AT-WILL EMPLOYMENT AGREEMENT BETWEEN CITY OF STOCKTON AND KATHERINE ROLAND AS INTERIM CITY CLERK
EXHIBIT 1