Loading...
HomeMy WebLinkAbout2016-52 - Authorizing the City Manager to Execute an Employment Agreement between the City of Newport Beach and Jon Lewis for Services of Police ChiefRESOLUTION NO. 2016-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND JON LEWIS FOR SERVICES OF POLICE CHIEF WHEREAS, following the retirement of the former Police Chief on December 23, 2015, the City Manager conducted an open and competitive recruitment to fill the vacancy; and WHEREAS, at the conclusion of a rigorous selection process, the City Manager, pursuant to his authority under Section 504 of the Newport Beach City Charter, selected Jon Lewis as the new Police Chief; and WHEREAS, the City of Newport Beach desires to enter into an Employment Agreement with Jon Lewis for services of Police Chief (Exhibit 1"). NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The recitals provided above are true and correct and are incorporated into the operative part of this resolution. Section 2: The City Council does hereby authorize the City Manager to execute the Employment Agreement between the City of Newport Beach and Jon Lewis attached hereto as Exhibit "A" and incorporated herein by this reference. Section 3: The Employment Agreement requires Jon Lewis to work Memorial Day, Independence Day, Labor Day and New Years' Eve ("Mandatory Working Holidays"). For these Mandatory Working Holidays he will be paid 1.23 hours per pay period, which the City will report to CalPERS as special compensation. Section 4: Under the terms of the Employment Agreement, the City will report the value of uniforms provided to Jon Lewis at $1,350.00 per year as special compensation in accordance with CalPERS regulations, which is intended to reflect clothing such as pants, shirts jackets, and related attire. Resolution No. 2016-52 Page 2 of 2 Section 5: The City Council recognizes that CalPERS will ultimately determine whether the uniform allowance and Mandatory Working Holidays qualify as special compensation and should CalPERS determine that the uniform allowance or Mandatory Working Holidays do not qualify as special compensation, the City shall have no liability in this regard or duty to represent Jon Lewis in proceedings related to such a determination. Section 6: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 7: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 8: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 12th day of April, 2016. k-(�- lane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk EXHIBIT 1 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT ("Agreement") is made effective as of April 12, 2016 and is entered into by and between the CITY OF NEWPORT BEACH, a California municipal corporation and Charter city, ("Employer" or "City") and JON LEWIS, ("Employee") an individual (sometimes collectively referred to herein as "the Parties"). RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. Pursuant to Sections 504(a) and 600 of the City Charter, and in accordance with Newport Beach Municipal Code ("NBMC") Section 2.24.100, the City Manager has directed an open recruitment and screened all qualified applicants and other qualified persons known by the City Manager to be available for the position of Chief of Police. C. Following an open recruitment and an extensive competitive examination, interviewing, and screening process of numerous candidates, the City Manager believes Employee to be the best qualified on the basis of executive and administrative qualifications, with special reference to the experience and knowledge of accepted practice with respect to the duties of the Chief of Police as contemplated by and in conformity with NBMC Section 2.24.100. D. The City desires to employ Employee as Chief of Police and to enter into an Agreement with Employee upon the terms and conditions in this Agreement. E. Employee is willing to accept such employment on the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1: Term This Agreement shall become effective April 12, 2016 ("Effective Date"). Subject to City's right to terminate Employee's employment at any time, as provided for in this Agreement, the initial term of this Agreement is three (3) years from the Effective Date ("Initial Term"). This Agreement shall automatically be extended for an additional twelve (12) month period unless City notifies Employee of its intent not to extend the Agreement six (6) months prior to expiration of the Initial Term or any subsequent automatic extension of the Initial Term. City's election not to extend this Agreement shall not entitle Employee to Severance pursuant to Section 8 of this Agreement. Lewis Employment Agreement 1 of 22 EXHIBIT t SECTION 2: No Break in Service Employee has been continuously employed by the City since July 4, 1991. Employee's employment as Police Chief shall not constitute a break in service. SECTION 3. Duties and Authorit Employer agrees to employ Employee as Chief of Police to exercise the powers and authority and to perform the functions and duties of that position as specified in the Newport Beach City Charter and Municipal Code and all relevant resolutions, rules, regulations, procedures, and state codes, as they currently or may in the future exist, specifically including but not limited to those set forth in the "Police Chief description attached hereto as Exhibit A and incorporated herein by this reference. Employee shall exercise such power and authority and perform such other functions and duties, not inconsistent with this Agreement, as Employer, by the City Manager, may legally assign. SECTION 4: Compensation A. Employer agrees to pay Employee an annual base salary of $213,500.00 (TWO HUNDRED THIRTEEN THOUSAND FIVE HUNDRED DOLLARS and 001100) ("Base Salary'), subject to deduction and withholding of any and all sums required for federal or state income tax, pension contributions, and all other taxes, deductions or withholdings required by then current state, federal or local law, prorated and paid on Employer's normal paydays for the City Manager, City Attorney, City Clerk, and any Department Directors not covered by collective bargaining agreements ("Executive Management Employees"). Employer shall also deduct sums Employee is obligated to pay because of participation in plans or programs described in Section 5 of this Agreement. The annual Base Salary of Employee is within the approved salary range adopted by resolution of the City Council. This Agreement shall be deemed amended whenever the City Council adopts a resolution changing the manner in which Executive Management Employees are paid; however, except as expressly provided in Section 4 (B), the Base Salary shall not be adjusted unless this Agreement is amended in writing. B. Adjustments to Compensation. At the time of any increase in compensation that the Newport Beach Police Management Association ("NBPMA") receives pursuant to an approved Memorandum of Understanding ("MOU") between the NBPMA and the City, Employee shall receive a Base Salary increase in compensation equal to the lesser of: (1) the salary adjustment(s) (percentage increase(s)) provided to unit members as set forth in the MOU between the NBPMA and the City; or (2) a cost of living adjustment based on an increase in the "Cost of Living" as defined Government Code Section 3511.1, as it currently exists or may be modified in the future. The cost of living adjustment will be Lewis Employment Agreement 2 of 22 EXHIBIT 1 calculated by comparing the November index number published for the current year to the corresponding index number for November one year earlier.1 For example, pursuant to the NBPMA MOU between the Employer and the NBPMA effective January 1, 2015 through June 30, 2018, NBPMA members will receive a 2.5% increase in base salary effective the pay period including January 1, 2017. If on January 1, 2017, the Cost of Living as defined in Government Code Section 3511.1, or successor statute, exceeds 2.5%, Employee will receive a 2.5% increase to the Base Salary. If on January 1, 2017, the Cost of Living as defined in Government Code Section 3511.1, or successor statute, is less than 2.5%, Employee will receive an increase to the Base Salary equal to the Cost of Living. C. Uniform Allowance. As permissible by law and subject to the provisions and limitations under the California Public Employees Retirement Law, the City shall report the value of provided uniforms at One Thousand, Three Hundred Fifty Dollars ($1,350.00) per year, in accordance with CalPERS requirements. The parties agree the reported value of uniforms is intended to reflect clothing such as pants, shirts, jackets, and related attire and excludes health and safety related equipment. Employee agrees and understands that an increase in the uniform allowance will require an amendment to the Agreement for CalPERS to consider a uniform allowance as special compensation. If CalPERS does not agree that the uniform allowance qualifies as special compensation, the City shall have no liability in this regard or duty to represent Employee in proceedings related to said determination. D. If Employee is required to serve as a juror, Employee shall be entitled to leave with pay and all benefits for a period of up to sixty (60) days so long as his presence is legally required. E. Employer, by the City Manager, shall conduct annual evaluations on or about April 12, or consistent with that of other management team members. SECTION 5: Employee Benefits A. Flex Leave. Employee shall accumulate Flex Leave as provided in the City's Key and Management Compensation Plan ("Compensation Plan"), Executive Management category, Years of Continuous Service, 15 and over, at the current rate of 9.69 hours per pay period. The amount of Employee's accrued Flex Leave may not exceed a total of 755.82 hours, and no Flex Leave shall further accrue beyond the maximum total of 755.82 hours. '(A - B)/B * 100 = i A = Most recent index, B = Corresponding index for one year earlier, I = Cost of living adjustment, in percent. Lewis Employment Agreement 3 of 22 EXHIBIT 1 The right to sell back accumulated Flex Leave shall be consistent with the "Leave Sellback" provision of the Compensation Plan. Employee may use up to %: of Flex Leave accrued per year to provide care for any member of the employee's immediate family in need of care due to illness or injury. This Agreement shall be deemed amended whenever the City Council adopts a resolution changing the Compensation Plan in regards to: (i) the amount of Flex Leave accrued per pay period; (ii) the maximum allowable balance of Flex Hours that can be accrued; (iii) provisions related to the use of Flex Leave to provide dependent care; or (iv) Leave Sellback. B. Administrative Leave. Employee shall be entitled to eighty (80) hours of administrative leave per calendar year. Consistent with the Compensation Plan, there is no right to sell back any accumulated Administrative Leave. C. Holidays. Except as set forth below, Employee will take time -off for holidays in the same manner as Executive Management Employees ("Regular Holidays"). Except as provided by law, Employee shall be required to work Memorial Day; Independence Day (July 4); Labor Day; and New Years' Eve (December 31) ("Mandatory Working Holidays"). For the Mandatory Working Holidays, Employee will be paid 1.23 hours per pay period and the City will report this pay as special compensation in addition to Employee's bi-weekly salary to CalPERS. The City will not report Regular Holidays as special compensation. The Parties agree that the ultimate decision on special compensation related to holiday pay is subject to a determination by Ca1PERS. If CalPERS does not agree that the Mandatory Working Holidays qualify for special compensation, the City shall have no liability in this regard or duty to represent Employee in proceedings related to said determination. D. Other Leaves. Employee shall be entitled to the same Bereavement Leave, Worker's Compensation Leave, and Medical Treatment for Industrial Injuries Leave as received Executive Management Employees of the City, as provided in the Compensation Plan and Employee Policy Manual. This Agreement shall be deemed amended whenever the City Council adopts a resolution changing the Compensation Plan in regards to other leaves. E. Other Benefits. Except as expressly set forth herein, Employee shall receive the medical, dental and vision insurance benefits, LIUNA Supplemental Pension, Retiree Medical Benefits, and be entitled to participate in plans and programs such as IRS Section 125 Flexible Spending Accounts, Employee Assistance Program, short term and long term disability plans, life insurance plans, and deferred compensation plans, as are available to Executive Management employees of the City, as provided in the Compensation Plan or Employee Policy Manual. Specifically: Lewis Employment Agreement 4 of 22 EXHIBIT 1 City has implemented an IRS qualified Cafeteria Plan for certain benefits. City's contribution towards the Cafeteria Plan for Employee shall be the equivalent of what is provided to employees within the Key and Management group. Employee shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance/programs. Unused Cafeteria Plan funds shall be payable to the Employee as taxable cash back. Employee shall be allowed to change coverage in accordance with plan rules and during regular open enrollment periods. If Employee does not want to enroll in any medical plan offered by the City, Employee must provide evidence of group medical insurance coverage, and execute an opt -out agreement releasing the City from any responsibility or liability to provide medical insurance coverage, on an annual basis. 2. Employee shall be eligible to participate in the LIUNA Supplemental Pension program noted in section C (3) of the "Benefits" portion of the Compensation Plan. 3. Employee shall be eligible to participate in the Retirement Health Savings Plan or ("RHS") formerly known as the Medical Expense Reimbursement Plan ("MERP") noted in section D of the "Benefits" portion of the Compensation Plan. 4. City shall provide term life insurance for Employee in the face value of Fifty Thousand Dollars ($50,000.00). This Agreement shall be deemed amended as to these benefits, and these benefits only, whenever the City Council adopts a resolution or takes action changing these benefits under the Compensation Plan. F. Retirement. Employee shall be eligible for the "3% at 50" retirement formula (i.e. the same retirement formula set forth in Section 4, D, (1) of the "Benefits" portion of the NBPMA MOU). Employee shall contribute the full statutory member contribution, equal to 9% of pensionable compensation, plus an additional 5.6% of pensionable compensation towards retirement costs as permitted under Government Code Section 20516, for a total contribution of 14.6%. The Parties agree that the City will not report the value of an Employer Paid Member Contribution as special compensation. If the City Council enters into a MOU between the City and NBPMA which provides for the retirement contributions for members of the NBPMA in excess of 14.6%, this Agreement shall be deemed amended and Employee shall be subject to the same formula percentage contribution as it is applied to the members of the NBPMA and for the same duration. Lewis Employment Agreement 5 of 22 EXHIBIT 1 G. Annual Physical Exam. Employee may undergo an annual physical examination by a Board-certified medical doctor and City shall reimburse Employee for the actual cost of the examination up to a maximum of One Thousand Dollars ($1,000.00). H. City to Provide Automobile. Employee's duties require him to be available to respond to the demands of City business at all times and outside of regular business hours, including weekends. Therefore, City shall provide Employee with a vehicle that may be used for City -related business purposes. City anticipates that the vehicle provided to Employee may be a Chevy Tahoe, but the make and model of the vehicle shall remain in the City's sole discretion. City shall pay for reasonable maintenance of the vehicle and gasoline. It is contemplated by the parties that Employee will use the vehicle principally for City -related business, however, to the extent that Employee uses the vehicle for any incidental personal business, Employee shall pay for gasoline for all such personal use. City to Provide Cell Phone. Employee shall be entitled to the same phone allowance as provided to any Executive Management Employee. J. Key and Management Group, Executive Management Category. Except as expressly provided herein, Employee shall be treated as a member of the City's Key and Management Group, Executive Management category. As such, the benefits, terms and conditions of the Compensation Plan shall apply to Employee as provided more specifically above, provided however, in the event of a conflict between the provisions of this Agreement and the Compensation Plan, this Agreement shall prevail.. SECTION 6: General Business Expenses A. Employer recognizes that Employee may incur expenses of a non -personal, job related nature that are reasonably necessary to Employee's service to Employer. Employer agrees to either pay such expenses in advance or to reimburse the expenses, so long as the expenses are incurred and submitted according to Employer's normal expense reimbursement procedures or such other procedure as may be designated by the City Manager. To be eligible for reimbursement, all expenses must be supported by documentation meeting Employer's normal requirements and must be submitted within time limits established by Employer. B. Employer agrees to budget and to reimburse or pay for reasonable costs for attendance and participation in meetings, institutes, training programs, conferences, conventions and similar gatherings that support leadership development and the advancement of Employer and Employee's mutually agreed upon goals, and which are related to Employee's duties or Employer's operations and held in the continental United States. For purposes of this paragraph, reasonable expenses are limited to the reasonable and actual cost of Lewis EmploymentAgreement 6 of 22 EXHIBIT 7 registration, airfare (where applicable), ground transportation and meals. Reasonable expenses will also include the reasonable and actual cost of lodging for meetings outside of Orange County. C. The expenses to be budgeted and paid in this Section 6, Paragraphs A and B above, are exclusive of reasonable expenses related to events, participation in organizations, or attendance at events or meetings on behalf of the City as required by the City Manager. Employer will separately budget and pay for membership and participation in community, civic or other organizations or events in which Employer requires Employee to participate. SECTION 7: At -Will Employment Relationship A. Consistent with Section 504 of the City Charter and Newport Beach Municipal Code Chapter 2.12.020, Employee is appointed by, and serves at the pleasure of, the City Manager. Nothing in this Agreement shall prevent, limit or otherwise Interfere with the right of Employer to terminate this Agreement- and the employment of Employee at any time, with or without cause. Employer shall pay Employee for all services through the Effective Date of termination and Employee shall have no right to any additional compensation or payment, except as provided in Section 8, below. Nothing herein shall be construed to limit the rights and obligations of City and Employee provided in the Public Safety Officers Procedural Bill of Rights Act, codified at Government Code Section 3300, et seq. (POBRA). B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign from his employment with Employer, provided that Employee provides sixty (60) day's prior written notice to Employer of the effective date of his resignation. SECTION 8: Severance and Benefit Payoff at Termination A. If Employer terminates this Agreement (thereby terminating Employee's Employment), without cause, as determined by the City Manager, Employer shall provide Employee with fourteen (14) calendar day's written notice and, if Employee signs, delivers to the City, and does not revoke, the General Release Agreement in the form attached hereto as Exhibit B, Employer shall pay Employee the following: If Employee is terminated within two (2) years of the Effective Date, nine (9) months Base Salary plus nine (9) months of health benefits to the maximum extent provided in Government Code Section 53261, which is incorporated herein by this reference. 2. If employee is terminated after two (2) years from the Effective Date, six (6) months Base Salary plus six (6) months of health benefits to the Lewis Employment Agreement 7 of 22 EXHIBIT 1 maximum extent provided in Government Code Section 53261, which is incorporated herein by this reference. In accordance with Government Code Section 53260 (a), in no event shall Employee receive a cash settlement that is greater than the monthly Base Salary of Employee multiplied by the number of months left on the unexpired term of the Agreement. The lump sum payment described in Section 8 (A) shall be referred to herein as "Severance". B. If Employer terminates this Agreement (thereby terminating Employee's Employment) with cause, as determined by the City Manager, Employee shall not be entitled to any Severance. As used in this Agreement, cause shall mean any of the following: Conviction of a felony; 2. Conviction of a misdemeanor arising out of Employee's duties under this Agreement and involving a willful or intentional violation of law; 3. Conviction of any crime involving an "abuse of office or position," as that term is defined in Government Code Section 53243.4; 4. Willful abandonment of duties; 5. A pattern of repeated, willful and intentional failure to cant' out materially significant and legally constituted direction of the City Manager or the policy decisions of the City Council made by the City Council as a body; and/or 6. Any other intentional or grossly negligent action or inaction by Employee that materially and substantially: (a) impedes or disrupts the operations of Employer or its organizational units; (b) is detrimental to Employee or public safety; (c) violates properly established rules or procedures of Employer causing a material and substantial adverse impact on Employer; or (d) has a material and substantial adverse effect on Employer's interests as clearly defined and delineated by properly established City Council action taken by the Council as a body, policy, regulations, ordinances, or Charter provisions of Employer. C. Any dispute as to whether Severance is excused under Section 8 (B) shall be resolved consistent with then current City policies, rules and procedures and with Employer's and Employee's rights and obligations under the Police Officer Procedural Bill of Rights. Lewis Employment Agreement 8 of 22 EXHIBIT 1 D. If Employee terminates this Agreement (thereby terminating Employee's Employment) or if this Agreement is not renewed as provided in Section 1, Employee shall not be entitled to any Severance. E. Upon termination (regardless of reason), Employee shall be compensated for all accrued but unused Flex Leave. No compensation shall be paid for any accrued but unused Administrative Leave. SECTION 9: Employee's Obligations and Hours of Work Employee shall devote his full energies, interest, abilities and productive time to the performance of this Agreement and utilize his best efforts to promote Employer's interests. Employee's duties may involve expenditures of time in excess of the regularly established workday or in excess of a forty (40) hour workweek and may also include time outside normal office hours (including occasional as -needed attendance at City Council meetings). Employee's Base Salary includes compensation for all hours worked and Employee shall be classified as an exempt employee for purposes of overtime and shall not be entitled to any form of compensation for overtime. In recognition of the significant time Employee will need to devote outside normal office hours to business activities of Employer and the exempt, salaried nature of the employment, employee is permitted to exercise a flexible work schedule. However, consistent with this flexibility and Employee's participation in activities out of the office, Employee will generally be expected to keep office hours at the Newport Beach Police Department, Monday through Friday during normal business hours. SECTION 10: Confidentiality A. Employee acknowledges that in the course of his employment contemplated herein, Employee will be given or will have access to confidential and proprietary documents and information, relating to the City, its residents, businesses, employees, and customers ("Confidential Information"). Such Confidential Information may include, but is not limited to, all information given to or otherwise accessible to Employee that is not public information or would be exempt from public disclosure as confidential, protected, exempt or privileged information. Employee shall hold the Confidential Information in trust for City's benefit, and shall not disclose the Confidential Information to others without the express written consent of City. All Confidential Information shall be promptly returned to the City immediately upon the effective date of any severance of employment. B. Except as otherwise required by law, in the event the City terminates Employee with or without Cause, the City and Employee agree that no member of the City Council, the city management staff, nor the Employee shall make any written, oral, or electronic statement to any member of the public, the press, or any City employee concerning the Employee's termination except in the form of a joint press release or statement, which is mutually agreeable to City and Employee. The joint press release or statement shall not contain any text or information that Lewis Employment Agreement 9 of 22 EXHIBIT 1 is disparaging to either Party. Either Parry may verbally repeat the substance of the joint press release or statement in response to any inquiry. C. The obligations of Employer and Employee under this Section 10 shall survive the termination of this Agreement. SECTION 11: Outside Activities Employee shall not engage in any activity, consulting service or enterprise, for compensation or otherwise, which is actually or potentially in conflict with or inimical to, or which materially interferes with his duties and responsibilities to Employer. SECTION 12: Indemnification Consistent with the California Government Code, Employer shall defend and indemnify Employee, using legal counsel of Employer's choosing, against expense or legal liability for acts or omissions by Employee occurring within the course and scope of Employee's employment under this Agreement. In the event there is a conflict of interest between Employer and Employee in such a case so that independent counsel is required for Employee, Employer may select the independent counsel after having considered the input of Employee and shall pay the reasonable fees of such independent counsel consistent with City litigation guidelines and standard rates received by City from its chosen special counsel. Notwithstanding the foregoing, and consistent with Sections 53243 through 53243.3 of the Government Code, Employee shall be required, if convicted of a crime involving an abuse of his office or position, to fully reimburse the City for: (1) any paid leave salary offered by the City to the Employee; (2) any funds provided for the legal criminal defense of the Employee; (3) any cash settlement related to the termination that Employee may receive; and (4) any other payments received by Employee from City that in any way relate to the foregoing. SECTION 13: Other Terms and Conditions of Emplovment Employer may fix other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement or applicable law. SECTION 14: Notices Notice pursuant to this Agreement shall be given by depositing written notification in the custody of the United States Postal Service, postage prepaid, addressed as follows: Lewis Employment Agreement 10 of 22 EXHIBIT 1 (1) EMPLOYER: City of Newport Beach c% City Clerk 100 Civic Center Drive Newport Beach, California 92660 With a courtesy copy to: City Attorney City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 (2) EMPLOYEE: Jon Lewis at the home address then shown in Employer's files Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable in 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 as provided by law. SECTION 15: General Provisions A. Integration: This Agreement sets forth the final, complete and exclusive agreement between Employer and Employee relating to the employment of Employee by Employer. Any prior discussions or representations by or between the Parties are merged into this Agreement or are otherwise rendered null and void. The Parties by mutual written agreement may amend any provision of this Agreement during the life of the Agreement. Such amendments shall be incorporated and made a part of this Agreement. The foregoing notwithstanding, Employee acknowledges that, except as expressly provided in this Agreement, his employment is subject to Employer's generally applicable rules and policies pertaining to employment matters, such as those addressing equal employment opportunity, sexual harassment and violence in the workplace, as they currently or may in the future exist, and his employment is, and will continue to be, at the will of the City Manager. B. Binding Effect: This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest. C. Choice of Law: This Agreement shall be interpreted and construed pursuant to and in accordance with the laws of the State of California and all applicable City Charter provisions, Codes, Ordinances, Policies and Resolutions. D. Severability: If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect. Lewis Employment Agreement 11 of 22 If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. E. Conflict with City Charter or Municipal Code. The City personnel ordinances, resolutions, rules and policies shall apply to Employee in the same manner as applied to other Executive Management Employees, provided, however, in the event of a conflict between the provisions of this Agreement and the City Charter, or this Agreement and the Municipal Code, the City Charter or the Municipal Code shall prevail over this Agreement. F. Employee's Independent Review: Employee acknowledges that he has had the opportunity and has conducted an independent review of the financial and legal effects of this Agreement. Employee acknowledges that he has made an independent judgment upon the financial and legal effects of this Agreement and has not relied upon any representation of Employer, its officers, agents or employees other than those expressly set forth in this Agreement. Employee acknowledges that he has been advised to obtain, and has availed himself of, legal advice with respect to the terms and provisions of this agreement. [SIGNATURES ON FOLLOWING PAGE] Lewis Employment Agreement 12 of 22 EXHIBIT 1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates reflected below each signature. EMPLOYER CITY OF NEWPORT BEACH, EMPLOYEE A Municipal Corporation Z David Kiff, City Manager APPROVED AS TO FORM Office of the City Attorney By:c'//VVL-- Aaron C. Harp, City Attorney Date: W 151& ATTEST: By: Leilani Brown, City Clerk M Jon Lewis Date: Attachments: Exhibit A, Police Chief Job Description Exhibit B, General Release Agreement Lewis Employment Agreement 13 of 22 EXHIBIT A EXHIBIT 1 Lewis Employment Agreement 14 of 22 EXHIBIT 1 CITY OF NEWPORT BEACH POLICE CHIEF DEFINITION: Under direction of the City Manager, the Police Chief is responsible for the administration, development, and advancement of the City's full service Police Department; to oversee and implement all programs and procedures related to crime prevention, law enforcement, and related policing services; to serve as a member of the City Manager's Executive Management Team; and to provide highly responsible and professional staff assistance to the City Manager and City Council. SUPERVISION RECEIVED AND EXERCISED: Receives general administrative direction from the City Manager. Exercises general supervision over the entire department and direct supervision over division managers and professional/administrative support staff. CLASSIFICATION CHARACTERISTICS: The Police Chief is expected to exercise independent judgment, wisdom, and innovation in establishing and administering all Police Department operations, consistent with the City Manager's expectations and with concern for the entire City government organization. As an inspiring leader, the Police Chief must demonstrate integrity and promote ethical standards within the department, advocate collaboration with the community, and be a team member with the City organization. The Police Chief must be politically astute, but apolitical. EXAMPLES OF ESSENTIAL DUTIES: Duties may include, but are not limited to, the following: Essential Job Duties Advancing the interests of the department and the City, plans, directs, and oversees a variety of programs designed for the maintenance of law and order and protection of life and property within the City of Newport Beach; develops comprehensive plans to satisfy needs for departmental services to ensure the highest possible quality of life for residents and visitors; • Ensuring the optimum and most efficient and effective use of staffing and resources, administers the overall operation of a full service police department, including hiring, personnel administration, office operations, budgeting, and community relations; serves as a member of the City's Executive Management Team and collaborates with other departments to resolve city-wide problems; Demonstrating a strong working knowledge of the legal system, confers with legal advisors and City officials regarding law enforcement issues; provides professional and technical advice and assistance to the City Manager and City Council on matters related to law enforcement services; represents the City as a witness in Lewis Employment Agreement 15 of 22 EXHIBIT 1 legal proceedings; • Exhibiting exceptional communication skills, prepares and presents staff reports and related materials for City Council or public response; resolves issues raised by City Council members, community groups, employee associations, and the public; advocates the City's position in negotiations with various regulatory agencies to satisfy requirements; • Building cohesive and collaborative departmental working relationships, plans, organizes, selects and supervises the work of departmental staff; establishes accountability throughout the department; promotes employee development through staff training and succession planning; ensures consistent application of City personnel policies and employee agreements; • Demonstrating stewardship of public funds, directs the preparation and administration of the Police Department budget; participates in the forecast of revenue, expenses and additional funds needed; guides subordinate managers in developing and administering fiscally responsible budgets; carries out police functions in the most cost effective ways; • Promoting a strong community policing program, establishes and maintains collaborative working relationships with property owners, community groups, business districts, and the public; represents the Police Department and the City at community and civic events; and • Performs related duties as assigned. QUALIFICATIONS: To perform this Job successfully, an individual must be able to perform each essential function. The requirements listed below are representative of the knowledge, skill, and/or ability required. Knowledge of: Advanced principles and practices of crime prevention and law enforcement, including criminal investigation and identification, patrol, traffic control, animal control, records management, care and custody of persons and property and environmental protection; Principles and practices of organization, administration and personnel management, and leadership of a law enforcement agency; Principles and techniques of municipal budget development and administration; Applicable Federal, State and local laws, ordinances, codes and regulations; Lewis Employment Agreement 16 of 22 EXHIBIT 1 Principles of supervision, training and performance evaluation; Current technological and communication equipment and software applicable to the delivery of departmental services to internal and external customers; Modern office practices, procedures, methods and equipment; and The use of a PC and applicable software. Ability to: Effectively direct, plan and organize the activities of a comprehensive city-wide full service police department; Critically analyze problems, identify alternative solutions, and implement recommendations in support of goals; Understand the needs of a tourism -based community and its impact on public safety; Promote collaboration and innovation; Provide a stabilizing influence during periods of change; Weigh risks and consequences and make clear decisions; Equitably interpret and apply City policies, procedures, rules and regulations; Diffuse conflict and gain cooperation through discussion and persuasion; Motivate, select, supervise, and evaluate personnel; Promote fiscal responsibility in administering a departmental budget; Develop and maintain effective partnerships with community groups; Build loyalty within the organization and advocate accessibility and responsiveness to the community; Effectively and persuasively communicate, both orally and in writing; and Establish and maintain cooperative working relationships with those contacted in the course of work. Lewis Employment Agreement 17 of 22 I CII IM] EXPERIENCE AND TRAINING: Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Seven years of increasingly responsible managerial and supervisory law enforcement experience, including at least three years at the rank of Captain or above. Training: Equivalent to completion of a Bachelor's degree in criminal justice, law, management, public administration, business administration, or a related field from an accredited college or university. A Master's degree or Juris Doctorate is desirable. LICENSE OR CERTIFICATE: Possession of P.O.S.T. Management Certificate at time of appointment. Possession of P.O.S.T Executive Certificate desirable. Possession of a valid California driver's license. Completion of Federal Bureau of Investigation's National Academy is desirable. Additional Requirement: Prior to employment, the prospective candidate must successfully complete a thorough background review, including being fingerprinted by Newport Beach Police Department. Key and Management Group — Executive Management Revised BR 212007 Revised MWD: 2/17/2010 & CSB Approved 3/1/10 Lewis Employment Agreement 18 of 22 Exhibit B EXHIBIT 1 Lewis Employment Agreement 19 of 22 EXHIBIT 1 GENERAL RELEASE AGREEMENT This General Release Agreement ("Agreement") is entered into by and between JON LEWIS ("Employee") and CITY OF NEWPORT BEACH ("Employer"), in light of the following facts: A. Employee's employment with Employer concluded on B. Certain disputes have arisen between Employer and Employee. C. Employer and Employee each deny any liability whatsoever to the other. D. Employer and Employee wish to fully and finally resolve any and all disputes they may have with each other. E. Employee is hereby informed that he has twenty-one (21) days from receipt of this Agreement to consider it. Employer hereby advises Employee to consult with his legal counsel before signing this Agreement. F. Employee acknowledges that for a period of seven (7) days following the signing of this Agreement ("Revocation Period"), he may revoke the Agreement. This Agreement shall not become effective or enforceable until the day the Revocation Period has expired. G. Employee acknowledges that the Salary Payment referenced in paragraph 1 of this Agreement represents ' all compensation, including salary, accrued benefit balances and reimbursed expenses, due and payable to him through the date of employment termination. Employee also acknowledges that Employer has made this Salary Payment without regard to whether he signs this Agreement. The Salary Payment does not constitute consideration for this Agreement. Employee acknow- ledges that the Severance referenced in paragraph 2 of this Agreement is in excess of all amounts that are due and owing to him as a result of his employment by Employer. 1. Receipt of Salary Payment. Employee hereby acknowledges receipt of a check or checks for all compensation owing to him, including salary, accrued benefit balances and reimbursed expenses ("Salary Payment") from Employer. 2. Severance. Within ten (10) days following Employee's signing, delivering to the City Council, and not revoking this Agreement, City shall pay Employee the gross amount provided for in Section 8 of the Employment Agreement effective April 12, 2016, less applicable deductions, and shall provide the months of medical benefits as provided in that same Section 8 ("Severance"). Employee acknowledges that the Lewis Employment Agreement 20 of 22 EXHIBIT 1 Severance is in excess of all amounts due and owing him as a result of his employment by Employer. 3. General Release. In consideration of the Severance to be paid and provided to Employee, and other good and valuable consideration, Employee hereby releases and discharges Employer and its past and present City Council Members, employees, representatives and agents, from all rights, claims, causes of action, and damages, both known and unknown, in law or in equity, concerning and/or arising out of his employment with Employer which he now has, or ever had, including but not limited to any rights, claims, causes of action or damages arising under Title VII of the Civil Rights Act of 1964, the Vocational Rehabilitation Act of 1973, the Employee Retirement Income Security Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefits Protection Act, the Family and Medical Leave Act of 1993, the Domestic Partners Act of 2003, the California Labor Code, the Private Attorneys General Act of 2004, the California Moore -Brown -Roberti Family Rights Act, the California Unruh Civil Rights Act, the California Fair Employment and Housing Act, any other federal, state, or local employment practice legislation, or any federal or state common law, including wrongful discharge, breach of express or implied contract, or breach of public policy. Employee hereby waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of California. Employee understands and acknowledges the significance and consequences of this specific waiver of Section 1542. Section 1542 of the Civil Code of California states as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of Employer and its past and present City Council Members, employees, representatives and agents, Employee expressly acknowledges that this General Release is intended to include in its effect, without limitation, all claims which he does not know or suspect to exist in his favor. Employee further acknowledges that he has read this General Release and that he understands that this is a general release, and that he intends to be legally bound by the same. Lewis Employment Agreement 21 of 22 EXHIBIT 1 4. Fees and Costs. Employee and Employer agree that in the event of litigation relating to this General Release Agreement, the prevailing party shall be entitled to recover his/its reasonable attorneys' fees and costs. Dated 120 CITY OF NEWPORT BEACH Dated: 20 DAVID KIFF APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE By: Aaron C. Harp, City Attorney Date: ATTEST: By: Leilani Brown, City Clerk Date: Lewis Employment Agreement 22 of 22 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2016-52 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of April, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of April, 2016. Leilani-I. Brown, MMC L City Clerk Newport Beach, California (Seal)