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.
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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
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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.
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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:
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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.
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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
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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
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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.
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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
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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:
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(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.
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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]
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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
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EXHIBIT 1
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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
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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;
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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.
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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
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Exhibit B
EXHIBIT 1
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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
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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.
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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:
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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)