HomeMy WebLinkAboutC-8459-2 - First Amended and Restated Employment Agreement - Fire ChiefFIRST AMENDED AND RESTATED EMPLOYMENT AGREEMENT
CITY OF NEWPORT BEACH FIRE CHIEF
This FIRST AMENDED AND RESTATED EMPLOYMENT AGREEMENT ("Agreement")
is made effective as of April 9, 2019 ("Effective Date") and is entered into by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and Charter City
("Employer" or "City") and CHARLES "CHIP" DUNCAN ("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 under the statutes
of the State of California and the City Charter.
B. Employee has been continuously employed by City as Fire Chief pursuant to an
Employment Agreement dated July 25, 2017 ("Employment Agreement").
C. The Parties mutually agree that they intend for this G.First Amended and Restated
Employment Agreement to supersede the Employment Agreement. Upon
execution of this Agreement, any prior Employment Agreement shall have no force
or effect.
D. The Parties also mutually agree that this form of Agreement reflects the terms and
conditions under which the Parties intend and desire to continue Employee's
employment and that there are no other agreements between them oral, written or
implied.
E. Employee is willing to accept such employment on the terms and conditions set
forth in this Agreement.
Duncan Employment Agreement Page 1
NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as
follows:
SECTION 1: Term and Notice of Non -Renewal
This Agreement shall be effective April 9, 2019 ("Effective Date") through and including
December 20, 2019 unless terminated earlier as provided by this Agreement, or unless
extended by a subsequent writing executed by the Parties. Employer shall notify
Employee not less than six (6) months prior to December 20, 2019, or, in the event the
term of this Agreement is hereafter extended, such later expiration date specified in said
subsequent writing, if it is the Employer's intention not to extend the Agreement for an
additional period.
SECTION 2: No Break in Service
Employee has been continuously employed by the City since March 23, 1987.
Employee's employment as Fire Chief shall not constitute a break in service.
SECTION 3: Duties and Authority
Employer agrees to employ Employee as Fire Chief, to exercise the powers and authority
and to perform the functions and duties specified in the Newport Beach City Charter, the
Municipal Code and all relevant resolutions, rules, regulations, procedures, applicable job
description(s) and state codes, as they currently or may in the future exist, specifically,
but not limited to, those set forth in the "Fire 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 and Performance Evaluation
A. Base Salary. Employer agrees to pay Employee an annual base salary of $239,031
(two hundred, thirty-nine thousand, and thirty-one dollars) ("Base Salary"), subject to
deductions 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 (collectively, the "Executive
Management Employees"). Employer shall also deduct sums Employee is obligated
to pay because of participation in benefit 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 of the City of Newport Beach ("City
Council"). This Agreement shall be deemed amended whenever the City Council
Duncan Employment Agreement Page 2
adopts a resolution changing the manner in which Executive Management Employees
are paid; however, except as expressly provided in Section 4(A), the Base Salary shall
not be adjusted unless this Agreement is amended in writing.
B. Employee shall receive a one-time bonus in the amount of $2,700 (two thousand,
seven hundred dollars) in the first payroll period after the complete execution of this
Agreement.
C. Employer shall pay Employee a one-time merit payment of $18.03 per paid work day
from the pay period that includes January 1, 2019 through and including April 12,
2019.
D. Uniform Allowance. As permissible by law and subject to the provisions and
limitations under the Public Employees' Retirement Law (California Government Code
§ 20000 et seg.), as amended or superseded from time to time, the City shall report,
biweekly, the value of provided uniforms at $1,519 (one thousand, five hundred and
nineteen dollars) per year, in accordance with California Public Employees'
Retirement System ("CaIPERS") 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. If CaIPERS 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. This Agreement shall be deemed amended whenever the City
approves a new uniform allowance via a Memorandum of Understanding ("MOU") or
Side Letter Agreement with the Newport Beach Fire Management Association
("NBFMA").
E. Evaluations. Employer, via the City Manager, shall conduct annual performance
examinations on or about the anniversary date based on Employee's promotion to
Fire Chief, or consistent with that of other Executive Management Employees.
F. Employee's compensation as discussed under this Section is not tied to the
compensation of any other City employee or group of City employees, except as
expressly provided in this Agreement.
SECTION 5: Employee Benefits
A. Benefit Balances Carried Over. All of Employee's accrued Flex Leave and other
benefit balances shall carry over as set forth herein. Employee's Flex Leave shall
continue to accrue under the terms of applicable City policies and the provisions in
Section 5(B) immediately below. Employee's Sick Leave shall not accrue, and shall
remain in Employee's bank for use or disbursement upon separation, as provided in
Duncan Employment Agreement Page 3
the Key and Management Compensation Plan ("Compensation Plan") or Employee
Policy Manual ("EPM").
B. Flex Leave. Employee shall accumulate Flex Leave as provided in the NBFMA MOU,
at the rate of eight and nine and one-half tenths (8.95) hours per pay period.
Employee's maximum accrual for Flex Leave is capped at fifty-two (52) times
Employee's accrual rate, which equals four hundred, sixty-five and four tenths
(465.40) hours. Earned Flex Leave in excess of the maximum permitted will be paid
bi-weekly at Employee's then -existing hourly rate of pay ("Spillover Pay"). The right to
use and/or sell back accumulated Flex Leave shall be consistent with the NBFMA
MOU and state and/or federal leave law(s).
This Agreement shall be deemed amended whenever the City Council adopts a
resolution altering the NBFMA MOU Leave provisions with regard to accrual or
maximum accrual caps.
C. Administrative Leave. Employee may be granted administrative leave hours, if any,
in the sole discretion of the City Manager, up to a maximum of eighty (80) hours per
calendar year. Administrative Leave hours will be credited to Employee the first pay
period in January of each calendar year. Consistent with the City's Key and
Management Compensation Plan, Administrative Leave does not accrue and
therefore has no cash value. As such it cannot be carried over from year to year.
D. Holidays. Employee will take time off for holidays in the same manner as Executive
Management Employees ("Regular Holidays"). The City will not report Regular
Holidays as special compensation.
E. Other Leaves. Employee shall be entitled to the same Bereavement Leave, Jury Duty
Leave, Workers' Compensation Leave and Medical Treatment for Industrial Injuries
Leave, as received by Executive Management Employees as set forth in the
Compensation Plan and/or EPM. This Agreement shall be deemed amended
whenever the City Council adopts a resolution changing the Compensation Plan or
EPM in regard to these leaves.
F. Additional Benefits. Unless otherwise provided in this Agreement, Employee shall
receive the same benefits as are available to Executive Management Employees
under the Compensation Plan and/or EPM, including cafeteria benefits, LIUNA
Supplemental Pension, IRS Section 125 Flexible Spending Accounts, short term and
long-term disability plans, life insurance plans, and deferred compensation plans. This
Duncan Employment Agreement Page 4
Agreement shall be deemed amended whenever the City Council adopts a resolution
or takes action changing these benefits under the Compensation Plan and/or EPM.
G. Annual Physical Exam. Employee may undergo an annual physical examination and
City shall reimburse Employee for the actual cost of the examination up to a maximum
of one thousand dollars ($1,000).
H. City Provided Vehicle. 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 purposes. The make and model of the vehicle shall remain
within the City's sole discretion. City shall pay for reasonable maintenance of the
vehicle and gasoline. Although Employee's use of the vehicle primarily shall be for
City -related business, Employee shall pay for gasoline for personal use to the extent
Employee uses the vehicle for incidental personal business.
I. Phone Allowance. Employee shall be entitled to the same phone allowance as
provided to any of the Executive Management Employees.
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.
K. Retirement - CalPERS. 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
"Retirement Benefits" and Tier 1 ("Legacy") portion of the current Newport Beach Fire
Management Association (NBFMA) MOU. Employee contributes 12% of
compensation earnable towards Employee's retirement benefits, which is designated
as follows: 9% of Employee/Member's total PERSable salary as the
Employee/Member Contribution; and 3% as cost sharing of the Employer Contribution
Rate in accordance with Government Code section 20516(f).
If the City Council enters into a MOU between the City and NBFMA which provides
for the retirement contributions for members of the NBFMA in excess of 12%, 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 NBFMA and for
the same duration.
However, in no event shall the Employee's retirement contribution be less than Twelve
Percent (12%). Employee retirement contributions that are in addition to the normal
Duncan Employment Agreement Page 5
CalPERS Member Contribution shall be calculated on Base Salary, special pays, and
other pays normally reported as "PERSable" compensation, and will be made on a
pre-tax basis through payroll deduction, to the extent permitted by state law, including
the California Government Code.
L. Supplemental Pension. Employee is a member of the LIUNA Supplemental Pension
Fund ("Plan"). Effective in the pay period which includes January 1, 2019, the Plan
will be funded exclusively by contributions from the members. The City will not make
any contributions to the Plan. In addition, as there are increases (which typically occur
annually) to the costs (whether identified as employer or employee contributions) to
fund the Plan, they will be made by Employee (i.e., the participants in the Plan). The
City is not responsible for, nor does it make any representation regarding, the payment
of benefits to Employee.
Employee cannot receive the contributed amounts directly instead of having them paid
to the Plan. Participation in the Plan will continue to be mandatory for Employee.
Employees who leave City employment prior to vesting in the LIUNA pension plan will
have no right to the return of amounts contributed, or other recourse against the City
concerning LIUNA.
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 either to 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 Council. 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. Consistent with Employer's normal expense reimbursement procedures or such other
procedure as may be designated by the City Manager, Employer agrees to budget
and to reimburse or pay for reasonable costs for attendance and participation in
meetings, at 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 registration, airfare (where applicable), ground transportation and meals.
Duncan Employment Agreement Page 6
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(C) and Sections 6(A) and (B)
immediately 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 NBMC Section 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 "Severance and Benefit Payoff at
Termination, and General Release Agreement" below. Nothing herein shall be
construed to limit the rights and obligations of City and Employee as set forth in the
Firefighters Procedural Bill of Rights Act, codified at Government Code section 3250,
et seg. ("FPBRA").
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
Employee to resign from his employment with Employer, subject only to Employee
providing a minimum of sixty (60) calendar days' prior written notice to Employer of
the effective date of his resignation. Upon the effective date of resignation, Employee
forfeits all compensation and benefits owing for the remainder of the term of this
Agreement, as well as any potential "Severance" pay per Section 8 below.
SECTION 8: Severance and Benefit Payoff at Termination, and General Release
Agreement
A. Termination Without Cause: 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 days' 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:
1. A lump sum benefit equal to six (6) months of his then applicable Base Salary, and
six (6) months of medical coverage as provided under the Compensation Plan as
Duncan Employment Agreement Page 7
long as Employee is already enrolled and receiving medical coverage through the
City medical benefits plan at the time of termination.
In accordance with Government Code Section 53260(a), Employee shall not receive
a cash settlement that is greater than Employee's monthly Base Salary multiplied by
the number of months left on the unexpired term of the Agreement.
The lump sum payment described in this Section 8(A) shall be referred to herein as
"Severance".
B. Termination With Cause: 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:
1. 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 carry 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 adversely: (a) impedes or disrupts the operations of Employer or its
organizational units; (b) is detrimental to employees or public safety; or (c) violates
properly established rules or procedures of Employer causing a material and
substantial adverse effect on 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 FPBRA.
D. Resignation: If Employee terminates this Agreement (thereby terminating Employee's
employment), Employee shall not be entitled to any additional compensation or
payment, including Severance.
Duncan Employment Agreement Page 8
E. Upon termination (regardless of reason), Employee shall be compensated for all
accrued but unused Flex Leave. Unused Sick Leave will be compensated consistent
with the EPM provision regarding Payment for Sick Leave Upon Termination as
amended from time to time or superseded. No compensation shall be paid for any
unused Administrative Leave.
SECTION 9: Employee's Obligations and Hours of Work
A. Employee shall devote his full energies, interests, 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
include time outside normal office hours (including 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 of 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 Fire Department
during normal business hours, subject to Section 9(B) immediately below.
B. Employee is authorized to work the 9/80 schedule as defined in the City's EPM and
referred to in the City's Key and Management Compensation Plan as either may be
amended from time to time or superseded. However, as Fire Chief, Employee shall
not take a 9/80 day when the press of business or the public safety needs of the
community require Employee's attendance.
SECTION 10: Confidentiality and Non -Disparagement
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.
Duncan Employment Agreement Page 9
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 is disparaging to either Party.
Either Party 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
Consistent with California Government Code section 1125 et seq., Employee shall not
engage in any employment, activity, consulting service or enterprise, for compensation or
otherwise, which is actually or potentially in conflict with, inconsistent, incompatible with
or inimical to, or which materially interferes with his duties, functions and responsibilities
to Employer.
SECTION 12: Indemnification
A. 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 Employer determines that there is a
conflict of interest between Employer and Employee and 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. (Cal. Govt. Code sections 825, 995,
et. seq.)
B. 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.
Duncan Employment Agreement Page 10
SECTION 13: Other Terms and Conditions of Employment
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
A. 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:
(1) EMPLOYER:
City of Newport Beach
c/o 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: Charles Duncan
At the home address then shown in Employer's file(s)
B. 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 five days after the date of mailing.
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. Such
amendments shall be incorporated and made a part of this Agreement. The foregoing
notwithstanding, Employee acknowledges that, except as expressly provided in this
Duncan Employment Agreement Page 11
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. Bindinq 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. 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, NBMC or City Regulations. In the event of a conflict
between the provisions of this Agreement and the City Charter, or this Agreement and
the NBMC, the City Charter or the NBMC shall prevail over this Agreement. All other
City personnel ordinances, resolutions, rules, and policies shall apply to Employee in
the same manner as applied to other Executive Management Employees.
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)
Duncan Employment Agreement Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
dates reflected below each signature.
EMPLOYER
CITY OF NEWPORT BEACH,
A California Municipal Corporation
By:
Grace K. Leung, City Manager
Date: q/1I /) q
APPROVED AS TO FORM
EMPLOYEE
An Individual
By: r:�,1
Charles Duncan
Date: /,,
THE ZAPPIA LAW FIRM, A Professional Corporation
By: Lc Date:
Edward P. Z pia, Outside Counsel
ATTEST: , 4�ovk�—
By: Date: 1•��• �k
Leilani Brown, City Clerk
[End of Signatures]
Attachments: Exhibit A – Fire Chief Job Description
Exhibit B - General Release Agreement
Duncan Employment Agreement Page 13
4/2/2019
City of Newport Beach - Class Specification Bulletin Exhibit A
p"`�' ` FIRE CHIEF
Class Code:
700001C
Bargaining Unit: Key & Management - Department Director
e'1, F0VLT!%; Safety
CITY OF NEWPORT BEACH
Revision Date: Jul 30, 2014
SALARY RANGE
$75.12 - $112.67 Hourly
$6,009.60 - $9,013.60 Biweekly
$13,020.80 - $19,529.47 Monthly
$156,249.60 - $234,353.60 Annually
DEFINITION:
To serve as the executive director of the Fire Department; to plan, organize, direct and coordinate the fire suppression and
prevention, emergency medical services, ocean safety, hazardous waste mitigation, and disaster preparedness programs and
activities of the department; 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
direct supervision over management, supervisory, professional, technical and clerical personnel.
ESSENTIAL DUTIES:
The following essential functions are typical for this classification. Incumbents may not perform all of the listed functions and/or
may be required to perform additional or different functions from those below, to address business needs and changing
business practices:
• Plan, direct, and review the operation, services and activities of the Fire Department, including fire suppression, hazardous
material mitigation, fire and life safety code compliance, emergency medical services, ocean lifeguards, citywide disaster
preparedness and response; administer the overall operation of the department, including hiring, personnel administration,
budgeting, and community relations; assess community service expectations and requirements and develop appropriate
methods to meet service requirements; ensure the maximum utilization of manpower, equipment, and supplies;
• Develop, plan and implement departmental goals and objectives; develop, recommend and administer approved policies and
procedures; coordinate departmental activities with those of other City departments and outside agencies and organizations,-
provide
rganizations;provide professional and technical advice and assistance to the City Manager and City Council on matters related to
departmental functions; Prepare and present staff reports and answer questions;
• Plan, organize, select and supervise the work of departmental staff; coach, motivate, monitor, correct and evaluate staff
performance; serve as the second level supervisor of staff supervised by division managers and review performance evaluations
prepared by subordinate managers; develop and implement staff training programs and plans; recommend employee
recognition, discipline and termination; ensure that City personnel policy and employee agreements are implemented and
applied consistently within the department;
• Supervise and participate in the development of the departmental budget; participate in the forecast of revenue, expenses
and additional funds needed for staffing, equipment, materials, and supplies; administer the approved departnnental budget
and guide subordinate managers in developing and administering division and unit budgets;
• Represent the City and participate in professional and public meetings and organizations, as appropriate; attend staff
meetings; participate in mandated training and staff development; respond to and meet with property owners, homeowner
groups, business districts, and the public; meet with, provide information and negotiate with various regulatory agencies to
satisfy their requirements; represent the City as a witness m legal actions,
• Oversee and direct departmental office operations; maintain appropriate records and files; coordinate workflow; prepare
reports, agenda items memoranda, letters and other forms of correspondence;
• Regularly and predictably attend work; and
• Perform related duties as assigned.
QUALIFICATIONS:
Page 14
4/2/2019 City of Newport Beach - Class Specification Bulletin
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 fire suppression and prevention, emergency medical services, disaster preparedness,
training, and ocean lifeguard programs and services;
Principles and practices of organization, administration and personnel management and leadership, particularly as applied to
the analysis and evaluation of programs, policies and operational needs;
Principles and techniques of budget development and administration;
Applicable Federal, State and local laws, ordinances, codes and regulations,
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:
Direct, plan and organize the activities of a comprehensive citywide Fire Department, including fire suppression and prevention,
emergency medical services, disaster preparedness, personnel training, and ocean lifeguard programs and services;
Analyze problems; identify alternative solutions, project consequences of proposed actions and implement recommendations in
support of goals;
Interpret and apply City policies, procedures, rules and regulations;
Develop and administer sound departmental policies and procedures;
Stay abreast of new trends, innovations, standards and guidelines in the fields of fire suppression and prevention, emergency
medical services, disaster preparedness, hazardous material mitigation and ocean lifeguard services and safety;
Provide leadership to a diverse work force; meeting City objectives while maintaining positive employee morale;
Gain cooperation through discussion and persuasion;
Select, supervise, train and evaluate personnel;
Prepare and administer a departmental budget;
Maintain confidentiality of medical and other privileged information;
Communicate clearly and concisely, both orally and in writing;
Appear for work on time,-
Follow
ime;Follow directions from a supervisor,-
Understand
upervisor;Understand and follow posted work rules and procedures;
Accept constructive criticism; and
Establish and maintain cooperative working relationship with those contacted in the course of work.
This position may be required to aaork overtime hours as needed.
EXPERIENCE & EDUCATION AND LICENSE/CERTIFICATE:
A combination of experience and education that would likely provide the required knowledge and abilities may he qualifying. A
typical way to obtain the knowledge and abilities would be:
Experience: Ten years of increasingly responsible fire suppression and prevention experience, including at least five years of
responsible management and supervisory experience.
Education: Completion of coursework leading to a bachelor's degree in fire administration or a closely related field. A master's
degree in public administration, fire administration or a related field is desirable.
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4/2/2019
City of Newport Beach - Class Specification Bulletin
License/Certificate: Due to the performance of some field duties which require the operation of a personal or City vehicle, a
valid and appropriate California driver's license and an acceptable driving record are required.
Please Note: Candidates deemed most qualified, as reflected in their application materials, will be invited to continue in the
recruitment process. The prospective candidate must successfully complete a thorough background review, including being
fingerprinted by the Newport Beach Police Department. The resulting report of your conviction history, (if any), will be
evaluated along with the other information received in connection with your application. Except as otherwise required by law, a
criminal conviction will not necessarily disqualify you from the position. The nature, date, surrounding circumstances, and the
relevance of the offense to the position applied for may, however, be considered.
Disaster Service Worker: In accordance with Government Code Section 3100, City of Newport Beach Employees, in the
event of a disaster, are considered disaster service workers and may be asked to respond accordingly.
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Exhibit B
GENERAL RELEASE AGREEMENT
This General Release Agreement ("Agreement") is entered into by and between
CHARLES "CHIP" DUNCAN ("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 and sign 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 his signing
of this Agreement ("Revocation Period"), he may revoke his execution of 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 section H 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 ("Salary Payment"). 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 acknowledges that the Severance referenced in Section I
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 from Employer.
2. Severance. Within ten (10) days following Employee's signing, delivering
to the City Council or designee, and not revoking this Agreement, City shall
pay Employee the gross amount provided for in Section 8 of the First
Amended and Restated Employment Agreement between Employer and
Employee effective April 9, 2019, less applicable deductions, and shall
provide the months of medical benefits as provided in that same Section 8
("Severance"). Employee acknowledges that the Severance is in excess of
all amounts due and owing him as a result of his employment by Employer.
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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.
4. Fees. Employee and Employer agree that in the event of litigation relating
to this Agreement, the prevailing party shall not be entitled to recover his/its
reasonable attorneys' fees.
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EMPLOYER
CITY OF NEWPORT BEACH,
EMPLOYEE
A California Municipal Corporation An Individual
Date:
APPROVED AS TO FORM
By:
ATTEST:
By:
City Clerk
By: C-4-ct---
Charles Duncan
Date: l 4
Date:
Date:
[End of Signatures]
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