CONTACT
Stephanie Sifuentes, Human Resources Director (707) 649-4852 [email protected]
RESOLUTION NO. _______
WHEREAS, with the retirement of City Manager Michael Malone, the City Council needs to appoint an Interim City Manager as soon as possible in order to create a transition for the day to day operation of the City; and
WHEREAS, a recruitment and selection process was conducted and Ms. Beverli Marshall was selected to serve as Interim City Manager. Approval of the Interim City Manager Employment Agreement will permit Ms. Marshall to serve in the capacity of City Manager and to perform the duties assigned to the City Manager by Charter, the Vallejo Municipal Code and the City Council while the City Council completes the selection process for the next regular City Manager; and
WHEREAS an Employment Agreement has been prepared that sets forth the duties, compensation, and other terms and conditions of employment for Beverli Marshall; and WHEREAS, the City Council desires to appoint Ms. Marshall as Interim City Manager and to authorize the Employment Agreement attached to this Resolution as Exhibit A.
NOW, THEREFORE BE IT RESOLVED that the Council of the City of Vallejo does hereby resolve as follows:
Section 1. Appointment of Interim City Manager. The City Council appoints Ms. Beverli Marshall as Interim City Manager for the City of Vallejo with all of the powers attendant to the position of City Manager as set forth in the Charter, the Vallejo Municipal Code and as directed by the City Council.
Section 2. Approval of Employment Agreement. The City Council approves the Employment Agreement between the City and Ms. Beverli Marshall which is attached as Exhibit A and incorporated herein by this reference, and authorizes the Mayor to execute said Agreement.
Adopted by the City Council of the City of Vallejo at a regular meeting held on April 9, 2024 with the following vote:
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BEVERLI MARSHALL
INTERIM CITYMANAGER
EMPLOYMENT AGREEMENT
THIS AGREEMENT ("Agreement") is entered into and is effective as of April 10, 2024 ("Effective Date"), by and between the City of Vallejo, a municipal corporation (hereinafter referred to as "City"), and Beverli Marshall (hereinafter referred to as "Marshall" or “Interim City Manager”), with reference to the following facts:
RECITALS
WHEREAS, the City Council is desirous of employing Marshall to act as and perform the duties of the Interim City Manager; and
WHEREAS, Marshall is agreeable to performing the duties of Interim City Manager under the terms and conditions of this Agreement; and
WHEREAS, the City Charter and Vallejo Municipal Code establish the City Council/City Manager form of government in the City of Vallejo and set forth the duties and responsibilities of the City Manager; and
WHEREAS, it is the desire of the City and Marshall to enter into an Employment Agreement concerning compensation, benefits, terms and conditions of her employment as the Interim City Manager and to serve the following purposes:
A. To retain Marshall to perform services in a professional manner and to provide her compensation and employment benefits which will induce Marshall to remain in the employment of the City as Interim City Manager for the period of time specified herein; and B. To reserve to the City, a fair and just means of (i) terminating the employment of Interim City Manager as Interim City Manager in the event that Marshall, for any reason, becomes unable or unwilling to discharge fully the duties of the office of Interim City Manager, or (ii) terminating the employment of Marshall as Interim City Manager in the exercise of the right of the City Council to fill the position of City Manager as the Council sees fit, and in all events to reserve to the City the right and ability to terminate Marshall's position as Interim City Manager at the will 2 | P a g e
of the City Council when the position of City Manager is filled by a regular (non-interim) City Manager or at any other time, with or without reason.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
AGREEMENT
1. EMPLOYMENT. City hereby employs Marshall, and Marshall hereby accepts employment with the City in the position of Interim City Manager (Extra Help-Temporary status), on the terms and conditions and for the compensation herein set forth.
2. SCOPE OF DUTIES AND SERVICES.
a. Under the terms and conditions of this Agreement, M a r s h a l l shall personally provide all the services and duties ordinarily performed by the City Manager for the City under the direction and control of the City Council and as set forth in the Vallejo Charter and Municipal Code and other applicable, written policies and rules. Among other things, Marshall has the authority to interview, hire and fire employees reporting to the City Manager, and direct the workforce subject to the specific limitations set forth in the Vallejo Charter and Municipal Code. Marshall shall perform her obligations and responsibilities diligently within the time parameters indicated by the City Council, applying the highest degree of professionalism, ethics, integrity and competency to the discharge of every aspect of her obligations.
b. Marshall shall not engage in any activity which is or may become a conflict of interest, prohibited contract, or which may create an incompatibility of office as defined under California law. M a r s h a l l shall comply fully with her reporting and disclosure obligations under regulations promulgated by the Fair Political Practices Commission ("FPPC"). c. Marshall agrees to remain in the exclusive employ of the City during the term of this Agreement. Marshall shall dedicate her full energies and qualifications to her employment as the Interim City Manager, and shall not engage in any other employment except as may be specifically approved in writing in advance by the City Council. Marshall is expected to work a minimum work week of forty (40) hours during the Term of this Agreement.
3. TERM. The Term of this Agreement shall begin on the Effective Date and shall terminate upon the appointment of a regular City Manager ("Expiration Date"); provided, however, that this Agreement may be terminated prior to said Expiration Date in accordance with the terms and conditions of this Agreement.
4. COMPENSATION. For the services to be provided pursuant to this Agreement, Marshall shall receive the following compensation and benefits:
a. Compensation. M a r s h a l l shall be paid for time actually worked in the position of Interim City Manager, based upon an annual sum of Two Hundred Seventy Eight Thousand Dollars ($278,000), payable in regular payroll installments during the Term of this Agreement. 3 | P a g e
b. General Benefits. Except as provided herein, Marshall shall be provided the same benefits as other Extra Help employees currently provided by City Policy as set forth in the Extra Help Employee Information Sheet. Interim City Manager is exempt from overtime under the Federal Fair Labor Standards Act.
c. Automobile. Interim City Manager's duties require that s h e have continuously available transportation for business or related purposes. Marshall shall have the use of a City vehicle currently provided to the City Manager for travel directly and only related to City business, during the Term of this Agreement. City business shall not include travel to and from home and City Hall.
d. Mobile Phone. City will provide a City owned mobile phone to Marshall for City business only use.
e. Annual and Administrative Leave. No annual leave or administrative leave shall be paid to Marshall during the Term of this Agreement.
f. Sick Leave. Sick leave shall be paid to Marshall during the Term of this Agreement in the same manner as paid to other Extra Help – Temporary employees.
5. TERMINATION AND RESIGNATION. Notwithstanding anything to the contrary stated herein, the City Council has the right, upon thirty (30) days advance written notice to Interim City Manager, to terminate Interim City Manager from her Interim City Manager position at any time during the term of this Agreement with or without cause, and nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of Interim City Manager at any time without cause, subject only to the provisions set forth in this Section 5. Interim City Manager waives any and all rights that she may have to challenge or appeal any such termination or to invoke any due process (procedural or substantive) rights or protections as conditions to the City's right to terminate her employment hereunder.
Unless sooner terminated hereunder, Marshall's employment as the Interim City Manager shall terminate on the Expiration Date.
Notwithstanding the foregoing to the contrary, if Marshall is terminated as the Interim City Manager for any or all of the reasons set forth below, then she may be terminated immediately without advance notice:
a. Willful misconduct;
b. Malfeasance;
c. Dishonesty for personal gain;
d. Conviction of a felony;
e. Conviction of any criminal offense involving moral turpitude, provided that Interim City Manager may be placed on administrative leave without pay should he be charged with such a crime or crimes;
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f. Continued abuse of drugs or alcohol that materially affects the performance of the Interim City Manager’s duties;
g. Repeated and protracted unexcused physical absences front the City Manager’s office and duties; h. Willful abandonment of duties;
i. Acceptance of employment from another source which is inconsistent with full-time employment as the Interim City Manager;
j. Willful destruction, theft, misappropriation, or misuse of City property; k. Intoxication on duty, whether by alcohol or non-prescriptive drugs; l. Dishonesty, fraud or misconduct in office;
m. Fraud or dishonesty in securing this appointment;
n. Violation of State or federal discrimination laws concerning race, religious creed, color, national origin, ancestry, physical or mental disability, marital status, gender, sexual orientation or identification. sex or age concerning either members of the general public or City Interim City Managers;
o. Willful or unlawful retaliation against any other City official or employee or member of the general public who in good faith reports, discloses, divulges or otherwise brings to the attention of any appropriate authority any facts or information relative to actual or suspected violations of any law occurring on the job or directly related thereto; or
p. Refusal to comply with any lawful direction, decision or order given or made by a majority of the City Council.
If,upon the termination of this Agreement, Interim City Manager receives any cash settlement from the City related to that termination, the Interim City Manager shall fully reimburse the City the amount of said cash settlement if the Interim City Manager is convicted of a crime involving an abuse of the office of Interim City Manager. Said reimbursement shall be paid to the City within thirty (30) days after said conviction becomes final and is no longer subject to any appeal.
6. PERFORMANCE EVALUATIONS. The City Council and M a r s h a l l shall define such goals and performance objectives which they determine necessary for the proper operation of the City or the attainment of the City Council's g o a l s a n d policy objectives, and the City Council and Marshall shall further establish a relative priority among those various goals and objectives to be reduced to writing. These objectives shall be obtainable generally within the time limits as specified and within the annual operating budgets and appropriations provided. The achievement of these goals and performance objectives shall be considered part of Interim City Manager's performance duties.
7. GENERAL PROVISIONS.
a. Notices. Any notice to be given by either party to the other shall be in writing and shall be considered delivered when transmitted either by personal delivery or by mail, registered or certified, postage pre-paid with return receipt requested and properly addressed as follows or by email and fax (if by email and fax, the notice shall be deemed received on the date sent provided that there is evidence that the notice was received on that date):
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To City:
Mayor & City Council, City of Vallejo
555 Santa Clara Street.
Vallejo, CA 94590
To Interim City Manager:
Beverli Marshall
555 Santa Clara Street.
Vallejo, CA 94590
Any party may change his/its address for purposes of this section by giving the other party written notice of the new address in the manner set forth above. b. Waiver. The waiver of any breach of any provision hereunder by either party to this Agreement shall not be deemed to be a waiver of any other provision or subsequent breach hereunder, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party marking the waiver. c. Construction of Terms. The language of all parts of this Agreement shall be construed according to their plain meaning and shall not be construed for or against either party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendment or exhibits hereto. d. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be unenforceable, void or invalid, in whole or in part, for any reason, the remainder of this Agreement shall remain in full force and effect. In the event of such entire or partial invalidity, the parties hereto agree to enter into supplemental or other agreements to effectuate the intent of the parties and the purpose of this Agreement. e. Controlling Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California, with venue proper only in the County of Solano, State of California.
f. Entire Agreement. This Agreement constitutes the entire Agreement between the parties pertaining to the employment of Marshall by the City and supersedes all prior and contemporaneous agreements, representations, promises and understanding of the parties, whether oral or in writing. No supplement, modification or amendment of this Agreement shall be binding, unless executed in writing by all parties and this Agreement may not be altered, amended or modified by any other means. Each party waives their future right to claim, contend, or assert that this Agreement was modified, canceled, superseded or changed by any oral agreement, course of conduct, waiver, or estoppel.
g. Other Terms and Conditions of Employment. The Council, in consultation with Marshall, may fix any such other terms and conditions of employment relating to the performance of the Interim 6 | P a g e
City Manager, provided the terms or conditions do not conflict with the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above.
BEVERLI MARSHALL
_________________________________
_________________________________
CITY OF VALLEJO
By: _________________________________
Robert H. McConnell, Mayor
Dated: April __, 2024 Dated: April ____, 2024
ATTEST:
By: _______________________
Dawn Abrahamson
City Clerk
Approved as to form:
By: _________________________________
Veronica A.F. Nebb
City Attorney
Dated: April _____, 2024 Dated: April _____, 2021
(City Seal)
ACTION ITEM 9.C.
DATE: April 9, 2024
TO: Mayor and Members of the City Council
FROM: Jason Ta, Interim Chief of Police
SUBJECT: CONSIDERATION OF CONTINUED EXISTENCE OF A STATE OF LOCAL EMERGENCY
RELATING TO PUBLIC SAFETY STAFFING AND UPDATE ON ACTIONS TAKEN TO DATE
RECOMMENDATION
Receive the update and confirm the continued existance of the conditions leading to the declaration of a state of local emergency.
REASONS FOR RECOMMENDATION
As presented at the July 25, 2023 City Council meeting, the City of Vallejo Police Department is facing a significant staffing crisis and the number of sworn staff continues to decline. When presented with this information, City Council unanimously agreed to approve a Proclamation of Emergency. The proclamation allows the City Manager to quickly implement changes related to police staffing and the continuation of providing police services to Vallejo.
State law requires that it be reaffirmed every 60 days. The 60th day since the last confirmation of the proclamation is April 13, 2024.
BACKGROUND AND DISCUSSION
On July 25, 2023, the City Council unanimously voted to approve a Proclamation of Emergency due to the critical staffing levels at the City of Vallejo Police Department. Below is an update on the items previously discussed when the local emergency was declared:
Status of the 4 Phases (as of March 26, 2024):
Phase #1 – Service Model Reduction
This phase has been partially implemented. The department held two town hall meetings to share data and discuss service impacts regarding alarm call response. The department also met with the alarm industry to discuss alarm calls and service impacts. These meetings and discussions concluded on Sept. 7, 2023. The City Council has directed staff to proceed with a Verified Response ordinance and protocol.
The "Condition Blue" program is currently in the process of being implemented.
Phase #2 & #3 – Rotation of Officers to Patrol Shifts & Completely Collapsing Traffic and Detective Divisions Phase #2 is completed.
Phase #3 is in progress with the Traffic Division collapsed as of July 2023. Detectives are rotating to patrol weekly to staff vacancies.
Phase #4 – Modifying All Patrol Shifts to 12-hour Shifts or Another Staffing Model We are continuing to discuss with VPOA any changes to 12-hour shifts and retired annuitants.
Date: April 9, 2024
Subject: CONSIDERATION OF CONTINUED EXISTENCE OF A STATE OF LOCAL
EMERGENCY RELATING TO PUBLIC SAFETY STAFFING AND UPDATE ON
ACTIONS TAKEN TO DATE
Current Staffing Numbers (as of March 26, 2024):
Total Sworn Staffing: 71
Number of Officers Working Patrol: 33
Outside Agency Assistance:
On March 12, 2024, the City Council unanimously adopted a resolution notifying the Solano County Board of Supervisors of the City's desire to receive law enforcement services from the Solano County Sheriff.
The City Manager is also in the process of drafting and releasing a Request for Proposal (RFP) for uniformed unarmed and armed security guards.
Emergency Conditions Remain:
As stated above on July 23, 2023, the City Council adopted a proclamation declaring a state of local emergency pursuant to Government Code Section 8550 et. seq. Pursuant to California Government Code Section 8630(c) the City Council is required to review the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency. Council last reaffirmed the emergency at its February 13, 2024, meeting.
Based upon the continuing staffing conditions outlined above, staff requests that the City Council reaffirm the existence of the state of local emergency.
FISCAL IMPACT
There is no immediate financial impact associated with this item. Any potential impact will be brought back to City Council with related costs.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
None
CONTACT
Jason Ta, Interim Chief of Police (707) 648-4540
[email protected]