Town of Yountville
Resolution Number 23-4239
APPROVING RECLASSIFICATION OF THE FINANCE DIRECTOR/TREASURER TO
ADMINISTRATIVE SERVICES DIRECTOR INCLUDING NEW JOB DESCRIPTION AND NEW
EMPLOYMENT AGREEMENT, AND RATIFYING THE APPOINTMENT OF CELIA KING TO THE POSITION.
Recitals
A. WHEREAS, pursuant to Yountville Municipal Code section 2.08.030, subd. A., the Town Manager may recommend to the Town Council reorganization of officers, departments or divisions as may be indicated in the interests of the efficient, effective and economical conduct of the Town’s business; and pursuant to Yountville Personnel Rules and Policies Section 6.G.1., the Town Manager oversees the Classification Plan for all Town employees and shall make recommendations to the Town Council from time to time when changes are deemed necessary; and B. WHEREAS, the Town Manager has reviewed the current Finance Director position and determined that reclassification to Administrative Services Director is appropriate; and C. WHEREAS, the Town Manager recommends that the Administrative Services Director salary range be established at 5% above the current Finance Director salary range; and D. WHEREAS, Yountville Municipal Code section 2.28.010 authorizes the Town Manager to appoint a Finance Director; and
E. WHEREAS, the Town Manager has appointed Celia King to the position of Administrative Services Director effective November 21, 2023 and pursuant to a written Employment Agreement; and F. WHEREAS, Yountville Municipal Code section 2.08.030, subd. A., requires the Town Council to ratify the Town Manager’s appointment of the Finance Director.
Now therefore, the Town Council of the Town of Yountville does resolve as follows:
1. The position of Finance Director/Treasurer is hereby reclassified to Administrative Services Director.
2. The Town Council hereby ratifies the appointment by the Town Manager of Celia King to the position of Administrative Services Director effective November 21, 2023 and approves the Employment Agreement attached hereto as Exhibit “A”.
3. The Town Council hereby approves and adopts the job description attached hereto as Exhibit “B”.
4. The following monthly salary range is established for the Administrative Services Director position and incorporated into the Monthly Salary Schedule:
Effective November 21, 2023 Entry Control Point Top
$13,045.68 $14,495.01 $18,335.91
5. The Town Clerk shall attest and certify to the passage and adoption of this Resolution, and it shall become effective immediately upon its approval.
2 Resolution Number 23-4239
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 21st day of November, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________
Margie Mohler, Mayor
ATTEST:
_____________________
Eddy Gomez, Town Clerk
3 Resolution Number 23-4239
Exhibit “A”
EMPLOYMENT AGREEMENT
BETWEEN THE TOWN OF YOUNTVILLE AND CELIA KING
ADMINISTRATIVE SERVICES DIRECTOR
RECITAL
The Town Manager has selected Celia King (hereafter, “Director”) to serve as Administrative Services Director of the Town of Yountville (hereafter, the “Town”) effective November 21, 2023 and Celia King accepts such employment subject to approval of this employment agreement (hereafter, this “Agreement”). Accordingly, the parties agree as follows:
AGREEMENT
1. Effective Date
This Agreement shall become effective on November 21, 2023, and after it has been executed by Director and the Town Manager.
2. Term of Employment
Pursuant to the Town Personnel Rules and Policies, Director serves at the pleasure of the Town Manager and on an “at will” basis and has no property interest in or right to her continued employment during the term of this Agreement, subject to the terms and provisions of this Agreement as set forth below. This Agreement will remain in full force and effect until one of the parties terminates it as provided in this Agreement.
3. Duties; Hours of Work
A. Director shall perform those functions and duties specified by State law, the Yountville Municipal Code, any applicable job description, and by direction of the Town Manager. Director shall perform such duties in accordance with the highest professional and ethical standards of the Director position. Director shall not engage in any activity, which is, or which may become, incompatible with the Town of Yountville or office of Director, as provided for by federal, state, and local law. During the term of this Agreement, Director shall be exclusively employed by the Town, unless prior authorization otherwise is received from the Town Manager, which authorization will not be unreasonably withheld.
B. Director shall maintain a regular work schedule consistent with that approved for other management employees of the Town. Director’s duties may require more than eight (8) hours per day 4 Resolution Number 23-4239
and/or forty (40) hours per week, and may also include time outside normal office hours such as attendance at Town Council and board and commission meetings. Director is an exempt employee under the Fair Labor Standards Act and shall not be entitled to additional compensation for such time.
4. Compensation
A. Director shall receive an annual base salary of $220,031 payable in equal semi-monthly payments to be made at the same time as other employees are paid.
B. Director’s compensation shall be reviewed with the Town Manager at least annually in connection with the annual review required by section 14 below or at other times as may be determined by Town Manager. Merit based salary increases for Director are at the sole discretion of the Town Manager during the term of this Agreement, dependent on the quality of job performance by Director as determined by the Town Manager and the Town’s fiscal condition.
C. Salary increases are based on merit only and may be revoked in the event Director receives an unsatisfactory evaluation, either at the annual evaluation or at any additional evaluation completed by the Town Manager. If the Town Manager revokes a salary increase based on an unsatisfactory evaluation, Director’s salary shall be decreased to an appropriate step as determined by the Town Manager.
D. The Town Manager may, on an annual basis, award special performance one-time cash bonuses not to exceed $3,000. These one-time cash bonuses may be given any time during the year provided the Director received at least a Standard rating on her last evaluation. Such one-time cash bonuses are not considered pensionable compensation.
E. Director will be responsible for 100% of the employee contribution to the California Public Employees Retirement System (“PERS”), which, for those employees classified as “miscellaneous” employees under PERS, is currently 8% for “classic” PERS members and subject to change.
5. Health Insurance
A. Town shall contribute an amount equal to 100% of the cost of the Kaiser Health plan provided to Director through the PERS Health program. The cost shall be determined for each insurance coverage type as currently defined by PERS Health Program: employee only, employee and one (1) dependent, and employee and two (2) plus dependents. Any balance owed by the employee for a plan selected which costs more than the contribution provided for by the Town shall be deducted by use of payroll deduction upon effective date of health benefits. The Town will pay full cost of dental plan available through the Town for Director and dependents.
B. Director may elect not to receive health coverage from the Town. If Director elects not to receive health coverage from the Town, she will be required to sign a release form and will thereafter receive monthly payments equal to five hundred dollars ($500) per month of health coverage reimbursement. From time-to-time, said amount will be adjusted as set forth in this Agreement. 5 Resolution Number 23-4239
6. Life Insurance
Town shall provide term life insurance in the amount of Director’s base salary not to exceed $150,000.
Such life insurance shall be provided through the same insurance company providing life insurance to other Town employees, or by another insurer acceptable to Town.
7. Administrative Leave
Director shall devote her full time to this position and shall not be eligible for any overtime compensation. In lieu of any overtime compensation, Director shall receive eighty (80) hours per year as reimbursement for attending evening and weekend meetings and other events requiring representation of the Town.
Hereafter, by June 30 of each year, Director may cash out any available balance of Administrative Leave. Any remaining balance will expire on July 1 of each year, and will not carry over.
8. Annual Vacation Leave
Director is subject to the Town Personnel Rules and Policies regarding the accumulation of vacation time and payment for unused vacation time upon separation.
9. Other Leaves and Benefits
Town shall afford Director such other benefits as are provided to other management employees of the Town on the same terms as provided to those employees except as otherwise expressly provided herein.
10. Automobile Allowance
In recognition of the fact that the Director’s normal duties require frequent use of an automobile, Director shall receive $200 per month as an automobile allowance.
11. Residency
Director and Town mutually agree that it is desirable for Director to live within close proximity to the Town of Yountville Town Hall to fully and effectively execute Director’s duties under this Agreement, the Yountville Municipal Code, any applicable job description, and other applicable federal, state, and local law. Director hereby agrees to and shall, for the duration of this Agreement, establish and maintain her primary residence within a 30-minute travel time to and from Yountville Town Hall located at 6550 Yount Street, Yountville, CA 94559.
12. Professional Memberships & Meetings; Other Expenses Town recognizes that certain expenses of a non-personal and job-related nature may be incurred by Director. Town agrees to reimburse Director for reasonable expenses which are authorized by the Town budget, approved of in advance by the Town Manager, and which are supported by expense receipts, statements, or personal affidavits, and audited in like manner as other demands against the 6 Resolution Number 23-4239
Town.
13. Retirement Program and Deferred Compensation
Town shall provide the same PERS retirement benefits to Director as are received by other employees of the Town who are classified as “classic” employees under PERS. “Classic” PERS members (i.e., those members not defined as “new members” under PEPRA) will receive retirement benefits calculated at a benefit formula of 2.7% at age 55. Town shall match Director up to 7% of base salary per month into a deferred compensation plan.
14. Annual Performance Evaluation
The Town Manager shall evaluate Director’s performance at least once annually. The Town Manager and Director shall annually develop mutually agreed performance goals and criteria which the Town Manager shall use in reviewing Director’s performance in the following year. It shall be Director’s responsibility to initiate this review each year. Director will be afforded an adequate opportunity to discuss each evaluation with the Town Manager.
15. Indemnification
Town shall defend, hold harmless and indemnify Director against any claim, demand, judgment, or action of any type or kind arising within the course and scope of Director’s employment to the extent required by Government Code Sections 825 and 995.
16. Other Terms and Conditions of Employment
A. The Town Manager may from time to time fix other terms and conditions of employment relating to the performance of Director, provided such terms and conditions are not inconsistent with or in conflict with the provision of this Agreement, the Yountville Municipal Code, or other applicable law.
B. The provisions of the Town’s Personnel Rules and Regulations (“Rules”) applicable to other management employees of the Town shall apply to Director, except that if the specific provisions of this Agreement conflict with the Rules, the terms of this Agreement shall prevail.
Without limiting the generality of the exception noted in the previous sentence, however, no provision of the Rules or this Agreement shall confer upon Director a property right in her employment or a right to be discharged only upon cause. Director is an at-will employee serving at the pleasure of the Town Manager and may be dismissed at any time with or without cause, subject only to the provisions of this Agreement.
C. Director shall be exempt from paid overtime compensation and from Social Security taxes other than the mandatory Medicare portion of such taxes.
17. Termination
A. Director is not part of the competitive (classified) service and therefore is an at-will 7 Resolution Number 23-4239
employee. As an at-will employee, Director may be terminated with or without cause, and without advance notice.
B. If Director is terminated by the Town Manager without cause, Director, after termination and upon executing a claim waiver and release of liability, will be entitled to three months of severance pay at Director’s base salary rate. The severance pay will be paid at the time of separation from Town employment.
C. If Director is terminated by the Town Manager for cause, Director is not entitled to any severance pay whether or not advance notice is provided. If Director is terminated for cause, Director must be given notice of the cause and supporting evidence. Director is entitled to meet with the Town Manager at which time Director may reply orally and/or in writing to the cause and supporting evidence. The meeting is not an evidentiary hearing. There is no right to appeal the Town Manager’s decision.
The Town Manager’s decision is final. For purposes of this Agreement, the term “for cause” shall include any of the following:
(i) use of alcohol or drugs that impedes performance of duties; (ii) conviction of a felony or misdemeanor involving moral turpitude (a plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed a conviction for this purpose);
(iii) a proven claim of either sexual harassment or abuse of employees in violation of law or adopted Town policy;
(iv) willful and repeated failure to carry out the lawful directives or policy decisions of the Town Council or the Town Manager; or
(v) willful abandonment of the position or continued and unexcused absence from duty.
D. Director may voluntarily terminate employment, by resignation or retirement or some similar other manner, at any time during the term of this Agreement, subject to at least 30 days’ written notice by Director to the Town Manager, unless the Town Manager and Director agree otherwise. In such case, Town shall have no further obligation to provide payments and benefits, including severance benefits, upon the effective date of termination of employment, other than payment of accrued vacation leave or other payments required by law.
E. Notwithstanding any other provision of this Section 17 to the contrary, the Town Manager shall not terminate Director without cause for a period of 120 days following his or her appointment as the Town Manager. The purpose of this Subsection 17.E. is to allow a newlyappointed Town Manager sufficient time to observe the actions and abilities of Director in the performance of her duties under this Agreement, any applicable job description, and other applicable federal, state, and local law. After the expiration of the 120-day period, there shall be no limitation on the Town Manager’s ability to terminate Director without cause in accordance with this Agreement. 8 Resolution Number 23-4239
Nothing in this Subsection 17.E. shall limit the authority of the Town Manager to terminate Director for cause, or the authority of Director to voluntarily terminate employment, in accordance with this Agreement.
18. Compliance With Law
This Agreement is subject to all applicable provisions of federal and state law, the provisions of the Yountville Municipal Code, and to any other ordinances, rules, and regulations of the Town applicable to the Director.
19. General Provisions
A. This Agreement constitutes the entire agreement between the parties. Town and Director hereby acknowledge that they have neither made nor accepted any other promise or obligation with respect to the subject matter of this Agreement.
B. If any provision or any portion of this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of the Agreement shall be deemed severable and shall not be affected and shall remain in full force and effect.
C. Any notice to Town pursuant to this Agreement shall be given in writing, either by personal service or by registered or certified mail, postage prepaid, addressed as follows:
Town Manager
Town of Yountville 6550 Yount Street
Yountville, CA 94599
With a courtesy copy to the Town Attorney at the following address or the address then shown in the records of the Town for the Town Attorney:
Gary B. Bell, Esq.
Yountville Town Attorney
420 Sierra College Drive, Ste. 140 Grass Valley, CA 95945-5091.
Any notice to Director shall be given in a like manner, and, if mailed, shall be addressed to Director at the address then shown in Town’s personnel records. For the purpose of determining compliance with any time limit stated in this Agreement, a notice shall be deemed to have been duly given (a) on the date of delivery, if served personally, or (b) on the second calendar day after mailing, if mailed.
D. Venue for any disputes arising from or relating to this Agreement shall lie in the Superior Court of California for the County of Napa. If an action at law or in equity is necessary to enforce or interpret this Agreement, the prevailing party shall be entitled to reasonable and actual attorneys’ fees and costs with respect to the action.
E. A waiver of any of the terms and conditions of this Agreement shall not be construed as a general waiver and either party shall be free to enforce any term or condition of this Agreement 9 Resolution Number 23-4239
with or without notice to the other notwithstanding any prior waiver of that term or condition.
20. Amendments
This represents the entire agreement between the parties. Amendments to this agreement may be made at such times as approved by the Town Manager and Director and shall be in writing.
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.
DIRECTOR:
_______________________________
Celia King
Dated: ______________________
APPROVED AS TO FORM:
_______________________________
Gary B. Bell, Town Attorney
Dated: ______________________
TOWN:
_______________________________
Brad Raulston, Town Manager
Dated: ______________________
ATTEST:
_______________________________
Eddy Gomez, Town Clerk
Dated: ______________________
Resolution Number 23-4239
327768.1
EXHIBIT B
TOWN OF YOUNTVILLE
JOB DESCRIPTION
Administrative Services Director
DEFINITION
Under general administrative direction, plans, organizes, manages, and provides administrative oversight for all functions and activities of the Administrative Services Department including Finance, Human Resources and Risk Management. and serves as Finance Director as described by the Town of Yountville Municipal Code. Coordinates activities with other Town officials, departments, outside agencies, organizations, and the public. Provides complex staff support to the Town Council and Town Manager, and performs related duties as assigned.
DISTINGUISHING CHARACTERISTICS
The Administrative Services Director is responsible for establishing, interpreting, and carrying out overall Town and departmental policies and programs; is expected to independently perform the full scope of administrative, analytical, and management duties for the Administrative Services Department which is composed of the following divisions: Finance, Human Resources, and Risk Management. This classification is distinguished from the next higher-level classification of Town Manager in that the latter has overall responsibility for administering the Town’s operations.
SUPERVISION RECEIVED AND EXERCISED
Receives direction and supervision from the Town Manager and policy direction from the Town Council.
Exercises direct and indirect supervision over professional, technical, and administrative support staff.
EXAMPLE OF DUTIES
Duties may include, but are not limited to, the following:
• Manages the full scope of all Finance Division services and activities including treasury, ledgers, payroll, payables, receivables, utility billing, and purchasing. • Manages the full scope of all Human Resources Division services and activities including recruitment, selection and placement, training and development, labor relations, contract negotiations and arbitration, personnel records maintenance, and the administration of the classification and compensation systems. • Prepares financial reports and oversees annual independent audit of Town's financial transactions. • Manages the development and implementation of Administrative Services Department goals, objectives, policies, and priorities for each assigned service area; establishes, within Town policy, appropriate service and staffing levels; allocates resources accordingly. • Plans, directs, and coordinates, through subordinate level managers/staff, the Administrative Services Department’s work plan, assigns projects, and programmatic areas of responsibility; reviews, and Resolution Number 23-4239
327768.1
evaluates work methods, and procedures; meets with management staff to identify, and resolves problems.
• Assures compliance with Town policies, contracts, and ordinances, as well as Federal, State, and local Human Resources Management regulations.
• Continuously monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; assesses and monitors workload, administrative and support systems, and internal reporting relationships; identifies opportunities for improvement; directs the implementation of changes. • Represents the Administrative Services Department to other Town departments, elected officials, and outside agencies.
• Selects, trains, motivates, and evaluate Administrative Services Department personnel; provides or coordinates staff training; works with employees to correct deficiencies; implements discipline and termination procedures.
• Manages and participates in the development and administration of the Administrative Services Department budget; directs the forecast of additional funds needed for staffing, equipment, materials, and supplies; directs the monitoring and approval of expenditures; directs the preparation and implementation of budgetary adjustments as necessary.
• Coordinates Administrative Services Department activities with those of other departments and outside agencies and organizations; provides staff assistance to the Town Manager and Town Council; prepares and presents staff reports and other correspondence.
• Participates in Town’s financial activities; assumes significant responsibilities during the Town’s annual budgetary process; provides a variety of financial reports for the Town Manager; prepares revenue estimates; maintains capital, and operational budget.
• Prepares for and assists in bargaining unit contract negotiations, grievances, and arbitration; administers the provisions of existing employee contracts and agreements; advises staff regarding provisions of contracts and agreements.
• Directs the administration of the classification and compensation plan; establishes job specifications and salary ranges for positions; initiates and conducts wage and benefit surveys; analyzes, evaluates, and makes recommendations on proposed job classifications.
• Directs the recruitment, interviewing, testing, selection, and placement of all employees; establishes and administers the performance evaluation program; administers promotion, transfer, and separation procedures of employees.
• Oversees and administers employee disciplinary policies and procedures; provides assistance to staff on disciplinary issues and actions to be taken; administers formal grievance procedure; participates in hearings and assists management staff in preparing and processing responses to grievances. • Directs the preparation of personnel and employment reports to Federal and State agencies and the Town Council.
• Directs the preparation and maintenance of personnel rules, records, reports, employee handbooks, orientation manuals, and other related documents and publications. • Directs the Department’s training and development program. • Oversees administration of Risk Management programs and policies, including processing, coordination and record keeping of property damage, public liability, and worker’s compensation claims; oversees the Resolution Number 23-4239
327768.1
maintenance of all insurance and self-insurance policies; develops and implements risk management policies and procedures; serves as Town’s representative to self-insurance joint powers authorities as required.
• Attends and participates in professional group meetings and stays abreast of new trends and innovations in the field of finance, human resources and risk management. • Serves as the designated Town Treasurer with responsibility for investment of Town funds consistent with Town policies.
• In the absence of the Town Manager, may assume the responsibility of the Town Manager as needed. • Assists with the Town’s response to emergency situations as a part of the Town’s Emergency Operations Center (EOC) staff.
• Performs related duties as required.
MINIMUM QUALIFICATIONS
Knowledge of:
• Advanced principles and practices of public administration, including organization, functions, and problems of municipal government
• Advanced principles of modern governmental accounting, public finance, and fiscal planning • Advanced internal control procedures, management information systems • Office automation, and computerized financial applications • Payroll, and accounts payable functions
• Budgetary, accounting, and reporting systems, GAAFR, GAAP and GASB • Advanced principles and practices of municipal budget preparation and administration • Principles and practices of public sector Human Resources administration including recruitment, selection, classification, compensation, benefits administration, and employee and labor relations • Principles and practices of wage and salary benefit administration, job analysis, labor negotiations, and conducting employee investigations
• Principles and practices of public sector risk management • Methods of report preparation and presentation
• Principles and practices of program development and administration • Principles and practices of strategic planning, organization, management, supervision, training, and performance evaluation
• Principles of effective public relations and interrelationships with community groups and agencies, private businesses and firms, and other levels of government
• Advanced methods and techniques of research and statistical analysis • Applicable federal, state, and local laws, codes, regulations, and statutes Ability to:
• Provide effective leadership and coordinate the activities of assigned areas of responsibilities • Develop and administer Town-wide and departmental goals, objectives, and procedures • Analyze and define problems, identify, and evaluate alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals • Manage and direct a comprehensive public sector Human Resources management program • Effectively administer Risk Management activities for the Town • Analyze and assess programs, policies, and operational needs and make appropriate adjustments • Identify and respond to sensitive community and organizational issues, concerns, and needs • Plan, organize, direct, and coordinate the work of assigned staff • Delegate authority and responsibility
• Select, supervise, train, and evaluate staff
• Research, analyze, and evaluate new service delivery methods and techniques Resolution Number 23-4239
327768.1
• Oversee and participate in classification and compensation functions and apply classification and compensation principles to the organization and staffing of the agency • Develop, implement and maintain an effective and efficient employee recruitment, selection, and retention program; review and resolve employee grievances in accordance with labor agreements • Administer contract services
• Negotiate and resolve complex issues
• Make effective public presentations
• Participate effectively in labor negotiations
• Interpret and present Town personnel programs and policies to employees and the public • Prepare clear and concise administrative and financial reports • Prepare and administer large and complex budgets
• Interpret and apply applicable Federal, State, and local policies, laws, and regulations; Communicate clearly and concisely, both orally and in writing;
• Establish and maintain effective working relationships with those contacted in the course of work.
Education: Equivalent to a bachelor’s degree from an accredited college or university with major course work in finance, business or public administration, human resources management, or a closely related field. A master’s degree in a related field is highly desirable.
Experience: Six years of increasingly responsible public administrative, financial management and operations, or human resources and labor relations experience, including two years of management and supervisory responsibility.
TOOLS AND EQUIPMENT USED
Operate an office computer and a variety of word processing, spreadsheet and other software applications.
PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met any an employee to successfully perform the essential functions of this job in compliance with the American with Disabilities Act (ADA) requirements. On a case-by-case basis, reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Work is performed mostly in office setting. Handeye coordination is necessary to operate computers, and various pieces of office equipment.
While performing the duties of this job, the employee is occasionally required to stand; walk; use hands to finger, handle feel or operate objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to sit; climb or balance; stoop, kneel, crouch, or crawl; talk or hear; and smell. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this position. The noise level in the work environment is usually quiet to moderate but can be noisy due to existing office configuration. Because the working environment is in a public administrative setting, the incumbent works with frequent deadlines, constant interruptions and, at times, impatient and irate customers.
SELECTION GUIDELINES
Resolution Number 23-4239
327768.1
Formal application, rating of education and experience; oral interview and reference check; job related tests may be required.
The duties listed above are intended only as illustrations of the various types of work that may be performed.
The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or logical assignment to the position.
This position description does not constitute an employment agreement between the Town of Yountville and any employee and is subject to change by the Town as the needs of the Town and requirements of the position change, in accordance with applicable MOU provisions.
Approval:
Town Manager
Effective Date: ________________
Revision History:
Version: _______________________ Effective Date: