HomeMy WebLinkAboutC-7098-4 - Third Amended and Restated Employment AgreementAMENDMENT A TO CITY OF NEWPORT BEACH
THIRD AMENDED AND RESTATED EMPLOYMENT
AGREEMENT — CITY OF NEWPORT BEACH POLICE CHIEF
WHEREAS, on February 8, 2022, 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") entered into a Third Amended and Restated Employment Agreement
("Agreement") for the period of February 8, 2022 through December 30, 2025;
WHEREAS, given increases in the cost of medical insurance and to aid in
the recruitment and retention of valuable employees, the City Council wishes to
amend the Agreement; and
WHEREAS, this amendment will not be binding until it is approved by the
City Council.
NOW, THEREFORE, it is mutually agreed between the Parties as follows:
1. Section 5.J., Employee Benefits, Retirement-CalPERS of the
Agreement is amended to read as follows:
J. Retirement-Ca1PERS
Employee shall be eligible for the "3% at 50" retirement formula (i.e., the
same retirement formula set forth in the NBPMA MOU for employees enrolled in
the Tier I ("Legacy" retirement formula). Employee contributes 14.6% of
compensation earnable towards Employee's retirement benefits, which is designated
as follows: 9% of Employee/Member's total compensation earnable salary as the
Employee/Member Contribution; and 5.6% as cost sharing of the Employer
Contribution Rate in accordance with Government Code section 20516(f).
Temporary Reduction. Effective the pay period that includes January 1, 2023,
Employee shall contribute the full statutory member contribution, equal to 9%, plus
an additional 4.1 % of compensation earnable toward retirement costs as permitted
Amendment - Lewis Employment Contract - Page 1 of 3
under Government Code section 20516(f), for a total contribution of 13.1 %. This
reduction in the employee contribution rate sunsets at the end of the last full pay
period in December 2024. Accordingly, effective the pay period that includes
January 1, 2025, Employee shall contribute the full statutory member contribution
required by members of the NBPMA, which is currently equal to 9% of
compensation earnable, plus an additional 5.6% of compensation earnable toward
retirement costs as permitted under Government Code section 20516(f), for a total
contribution of 14.6%.
Effective the pay period that includes January 1, 2023, the CalPERS
retirement contributions for Employee shall be as noted above and shall not be tied
to the retirement contributions required by members of the NBPMA. Effective the
pay period that includes January 1, 2025, the CalPERS retirement contributions for
Employee shall be tied to the retirement contributions required by members of the
NBPMA. If there are future changes to those employee retirement contributions, this
Agreement shall be deemed amended and Employee shall be subject to the same
formula or percentage contribution as applied to the Tier I Legacy members of the
NBPMA, as set forth in a council -approved MOU, and for the same duration.
2. Except as expressly modified herein, all other terms and provisions set
forth in the Agreement shall remain unchanged and shall be in full force and effect.
Signatures on the next page
Amendment - Lewis Employment Contract Page 2 of 3
EMPLOYER
CITY OF NEWPORT BEACH
A Municipal Corporation
By: e�);By:
Gr ce . Leung, City M ager
EMPLOYEE,
An Individiml
Date: 1'y'I /���/ Date: �/ L ��'
APPROVED AS TO FORM:
By: �- C ffo-A-- Date: 2 Z
Aaron C. Harp, City Attorney
ATTEST:
By: --46w/)�kW Date
Leilani Brown, Ci Clerk
Amendment - Lewis Employment Contract Page 3 of 3
THIRD AMENDED AND RESTATED EMPLOYMENT AGREEMENT
CITY OF NEWPORT BEACH CHIEF OF POLICE
This THIRD AMENDED AND RESTATED EMPLOYMENT AGREEMENT ("Agreement")
is made effective as of February 8, 2022 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. Employee has been continuously employed by City as Police Chief since April 12,
2016. Employee is currently employed under a Second Amended and Restated
Employment Agreement dated on or about April 9, 2019 ("Employment
Agreement").
C. The Parties mutually agree that they intend for this Agreement to supersede the
Employment Agreement, and that upon execution of this Agreement, any prior
Employment Agreements 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.
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
A. This Agreement shall become effective February 8, 2022 ("Effective Date") and
shall terminate on December 30, 2025, subject to City's right to terminate
Employee's employment at any time, as provided for in this Agreement
B. City's election not to extend this Agreement shall not entitle Employee to
Severance pursuant to Section 8 of this Agreement.
Lewis Employment Agreement 2022-2025 Page 1 of 19
SECTION 2: No Break in Service
Employee has been continuously employed by the City since July 4, 1991. Employee's
continued employment as Chief of Police shall not constitute a break in service.
SECTION 3. Duties and Authority
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 Newport Beach Municipal Code ("NBMC") and all
relevant resolutions, rules, regulations, procedures, and federal 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' job 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
$248,040.52 (Two Hundred Forty -Eight Thousand, Forty Dollars and Fifty -Two
Cents) ("Base Salary").
B. Adjustments to Compensation. Effective the pay period that includes July 1, 2022,
Employee shall receive a Base Salary increase in compensation equal to two
percent (2%) of Base Salary. Effective the pay period that includes January 1,
2023, Employee shall receive a Base Salary increase in compensation equal to
one and one-half percent (1.5%) of Base Salary. Effective July 1, 2023 and
thereafter, Employee shall receive a Base Salary increase in compensation equal
to the salary range adjustment(s) (percentage increase(s)) provided to unit
members as set forth in a Council -approved Memorandum of Understanding
("MOU") between the Newport Beach Police Management Association ("NBPMA")
and the City. In addition to any Base Salary increases in compensation tied to
salary range adjustments provided to NBPMA unit members as set forth in a
Council -approved MOU between the NBPMA and the City, effective January 1,
2024, Employee's Base Salary shall be increased to the top of the approved salary
range for Police Chief in effect at that time.
C. The Base Salary and compensation payable to Employee shall be 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"). Employee shall be paid on a pro -rated basis bi-weekly
at the same time as other employees of the City are paid. Employer shall also
deduct sums Employee is obligated to pay because of participation in plans or
programs described in Section 5 of this Agreement.
Lewis Employment Agreement 2022-2025 Page 2 of 19
D. Uniform Allowance. As permissible by law and subject to the provisions and
limitations under the California 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 $1,350 (one
thousand, three hundred and fifty 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.
Employee agrees and understands that an increase in the uniform allowance will
require an amendment to the Agreement for CaIPERS to consider a uniform
allowance as special compensation. If CaIPERS does not agree that the original
uniform allowance or any increased allowance qualifies as special compensation,
then the City shall have no liability in this regard, no duty to appeal this
determination on Employee's behalf, and no duty to represent Employee in
proceedings related to said determination.
E. Evaluations. Employer, via the City Manager, shall conduct annual evaluations on
or about the anniversary of the Effective Date of this Agreement, 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. 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 rate of
9.69 hours per pay period. The amount of Employee's accrued Flex Leave may
not exceed (i.e., no longer accrue) a total of 755.82 (seven hundred fifty-five and
eighty-two hundredths) hours.
The right to sell back accumulated Flex Leave shall be consistent with the "Leave
Sellback" provision of the Compensation Plan.
This Agreement shall be deemed amended whenever the City Council adopts a
resolution changing the Compensation Plan in regard 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) Flex Leave Sellback.
B. 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. Employee shall be credited with said leave the first pay
period in January of each calendar year. Administrative Leave will not roll over
from calendar year to calendar year and must be used each calendar year or no
additional entitlement above eighty (80) hours shall arise or occur. Upon
separation from employment, Employee shall be entitled to payment of any hours
remaining of the eighty (80) entitled hours that were not used in the calendar year.
Lewis Employment Agreement 2022-2025 Page 3 of 19
Consistent with the Compensation Plan, there is no right to sell back any
accumulated Administrative Leave.
C. 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.
D. Other Leaves. Employee shall be entitled to the same Jury Leave, Bereavement
Leave, Workers' Compensation Leave, and Medical Treatment for Industrial
Injuries Leave as received by Executive Management Employees of the City, as
provided in the Compensation Plan and Employee Policy Manual ("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.
E. 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 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.
F. 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).
G. 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 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.
H. Phone Allowance. Employee shall be entitled to the same phone allowance as
provided to any of the Executive Management Employees.
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.
Lewis Employment Agreement 2022-2025 Page 4 of 19
Retirement — CalPERS. Employee shall be eligible for the "3% at 50" retirement
formula (i.e., the same retirement formula set forth in the NBPMA MOU for
employees enrolled in the Tier 1 ("Legacy") retirement formula). Employee's
retirement percentage contribution is the same as that applied to unit members of
the NBPMA. Employee contributes 14.6% of compensation earnable towards
Employee's retirement benefits, which is designated as follows: 9% of
Employee/Member's total compensation earnable salary as the
Employee/Member Contribution; and 5.6% as cost sharing of the Employer
Contribution Rate in accordance with Government Code section 20516(f).
If the City Council enters into an MOU between the City and NBPMA which
provides for retirement contributions for members of the NBPMA which differ from
the current contribution of 14.6%, this Agreement shall be deemed amended and
Employee shall be subject to the same percentage contribution as it is applied to
the members of the NBPMA and for the same duration.
K. Supplemental Pension. Employee is a member of the LIUNA Supplemental
Pension Fund ("Plan"). The Plan is 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.
L. One -Time Deferred Compensation Deposit. Upon the first day of the pay period
following the effective date of this Agreement, Employer shall contribute to
Employee's City -sponsored 457 deferred compensation account a one-time lump
sum amount of Two Thousand Dollars ($2,000).
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 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. Consistent with Employer's normal expense reimbursement procedures or such
other procedure as may be designated by the City Manager, Employer agrees to
Lewis Employment Agreement 2022-2025 Page 5 of 19
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 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 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 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 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. By providing Employee at least fourteen (14)
calendar days' prior written notice thereof, the City may terminate Employee
without cause but rather based upon management reasons such as implementing
the City's goals or policies, including but not limited to: (i) change of administration,
or (ii) incompatibility of management styles. In the event Employee is terminated
without cause, Employee expressly agrees that he shall not be entitled to any
Severance pay as the result of the termination of this Agreement except as
provided in this Section 8(A). If Employer terminates Employee without cause, and
Lewis Employment Agreement 2022-2025 Page 6 of 19
if Employee signs, delivers to the City, and does not revoke, the General Release
Agreement in substantially the same form attached hereto as Exhibit B as
approved by the City Attorney to ensure all potential claims are released, then
Employer shall pay Employee beginning on the effective date of termination a cash
settlement equal to Employee's monthly Base Salary, as adjusted, multiplied by
the number of months left on the unexpired term of the Agreement subject to a cap
of six (6) months, and six (6) months of medical coverage as provided under the
Compensation Plan and/or EPM as 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, 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 this Section 8(A) shall be referred to herein
as "Severance".
In order to comply with the requirements of California Government Code section
3304(c), termination by the City Manager for a reason other than cause shall be
conducted in accordance with the following procedures:
1. The City reserves the right to place Employee on paid administrative leave for
all or a portion of the fourteen (14) day written notice period provided under this
Section 8(A).
2. Employee may request to appear before the City Council prior to the effective
date of the termination to challenge the reasons for the termination or to raise
mitigating circumstances regarding the termination but in such event would
waive any right to Severance pay under this Section 8(A).
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
Lewis Employment Agreement 2022-2025 Page 7 of 19
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.
Within five (5) calendar days of receipt of written notice of termination for cause
under this Section 8(B), Employee may submit a request in writing to the City
Manager for an administrative appeal. Such appeal shall not prohibit or otherwise
delay the termination of Employee prior to the administrative appeal. Failure to
timely file such a request shall be deemed a waiver of the right to do so.
Upon Employee's written appeal request, the City Manager shall appoint an
independent hearing officer to conduct an administrative hearing and issue an
advisory decision, which shall then be reviewed and considered and either
adopted, modified or rejected by City Council. Both the Employee and the City
and their respective representatives, if any, shall make reasonable efforts to set
an administrative appeal hearing date within thirty (30) calendar days from the City
Manager's receipt of the written appeal request.
At the administrative appeal hearing, the independent hearing officer shall be
presented with both the information and documents on which the City based its
decision to terminate as well as any information and documents on which the City
based its decision to terminate for cause as well as any information and
documentation that the Employee chooses to submit to challenge the City's
information and documents to raise mitigating circumstances for consideration by
the independent hearing officer.
Within thirty (30) calendar days of completing the hearing, the independent hearing
officer shall issue an advisory decision in writing to the City Council determining
whether Employee was properly terminated and whether there was sufficient
"cause" to justify not paying Severance under the terms of this Agreement, unless
Severance was already tendered. Following City Council's review and
consideration of the advisory decision, Employee shall be notified in writing as to
whether the advisory decision will be upheld, modified or rescinded.
C. Resignation. If Employee resigns or otherwise terminates this Agreement (thereby
terminating Employee's Employment) or if this Agreement is not renewed,
Employee shall not be entitled to any Severance.
D. Upon termination (regardless of reason), Employee shall be compensated for all
accrued but unused Flex Leave and 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
Lewis Employment Agreement 2022-2025 Page 8 of 19
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 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 Police Department during normal business hours, Monday through
Friday.
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. 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 1126 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. To the extent mandated by the California Government Code, the City shall defend,
hold harmless, and indemnify Employee against any tort, professional liability,
claim or demand, or other legal action arising out of an alleged act or omission
occurring in the performance of Employee's services under this Agreement. This
section shall not apply to any intentional tort or crime committed by Employee, to
any action outside the course and scope of the services provided by Employee
under this Agreement, or any other intentional or malicious conduct or gross
negligence of Employee. (California Government Code sections 825, 995, et. seq.)
Lewis Employment Agreement 2022-2025 Page 9 of 19
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.
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: Jon Lewis
at the home address then shown in Employer's files
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 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
Lewis Employment Agreement 2022-2025 Page 10 of 19
by mutual written agreement may amend any provision of this Agreement during
the life of the Agreement, which amendment shall require City Council approval.
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. 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. 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]
Lewis Employment Agreement 2022-2025 Page 11 of 19
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
Date: _ /� (� �y
By:
Gr K. Leung, City Manager
APPED AS TO FO
RO R
By: 4VX C .�-
Aaron C. Harp, City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
P
sir Foa`��,0
EMPLOYEE:
JON LEWIS
an individual
Date:
By:
Jon Lewis
Date:
[End of Signatures]
Attachments: Exhibit A - Police Chief Job Description
Exhibit B - General Release Agreement
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Exhibit A
I
POLICE CHIEF
City of Newport Beach
Bargaining Unit: Key & Management - Department Director
Safety
CITY OF NEWPORT BEACH
Established Date: Mar 2, 2010
Revision Date: Dec 8, 2015
SALARY RANGE
$82.05 - $123.06 Hourly
$6,564.18 - $9,844.94 Biweekly
$14,222.38 - $21,330.69 Monthly
$170,668.58 - $255,968.34 Annually
DEFINITION:
Class Code:
7000026
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.
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:
• 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:
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• 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 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:
• Regularly and predictably attend work, and
• Perform 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:
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:
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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.
EXPERIENCE & EDUCATION AND LICENSE/CERTIFICATE:
A combination of experience and education that would likely provide the required knowledge
and abilities may be 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 having achieved the rank of Captain. Deputy/Assistant
Chief or above.
Educaiton: 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 is desirable.
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.
Possession of P.O.S.T. Management Certificate at time of appointment.
Possession of P.O.S.T Executive Certificate desirable
Completion of Federal Bureau of Investigation's National Academy is desirable
Additional Requirement: Prior to employment, the prospective candidate must successfully
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complete a thorough background review. including being fingerprinted by Newport Beach
Police Department,
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
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 Employee has twenty-one (21) days
from receiptof this Agreement to consider it. Employer hereby advises Employee to
consult with Employee's 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"), Employee 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 Employee through the
date of employment termination. Employee also acknowledges that Employer has
made this Salary Payment without regard to whether Employee signs this Agreement.
The Salary Payment does not constitute consideration for this Agreement. Employee
acknowledges that the Severance referenced in paragraph 2 of this Agreement is in
excess of all amounts that are due and owing to Employee as a result of Employee's
employment by Employer.
1. Receipt of Salary Payment. Employee hereby acknowledges receipt of a
check or checks for all compensation owing to Employee, including salary, accrued
benefit balances and reimbursed expenses ("Salary Payment") from Employer.
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2. Severance. Within ten (10) days following Employee's signing, delivering
to the City Manager, and not revoking this Agreement, City shall pay Employee the gross
amount provided for in Section 8 of the Third Amended and Restated Employment
Agreement effective February 8, 2022, less applicable deductions, and shall provide
the months of medical benefits as provided in that same Section 8 (hereinafter
"Severance"). Employee acknowledges that the Severance is in excess of all amounts
due and owing Employee as a result of Employee's 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 Employee's employment with Employer which Employee now has, or ever had,
including but not limited to any rights, claims, causes of action or damages arising under
the Public Safety Officers Procedural Bill of Rights Act, Title VII of the Civil Rights Act
of 1964, the Vocational Rehabilitation Act of 1973, the Employment 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,
the Equal Pay Act, the Fair Labor Standards Act, any other federal, state, or local
employment practice legislation, or any federal or state common law, including wrongful
discharge, retaliation, whistle -blowing, 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 THAT
THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR
HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
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,
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without limitation, all claims which Employee does not know or suspect to exist in
Employee's favor.
Employee further acknowledges that Employee has read this General Release and
that Employee understands that this is a general release, and that Employee intends to
be legally bound by the same.
4. Fees. Employee and Employer agree that in the event of litigation relating
to this General Release Agreement, the prevailing party shall not be entitled to recover
its reasonable attorneys' fees.
CITY OF NEWPORT BEACH
Dated , 20_ By:
Grace K. Leung, City Manager
Dated 20_ By:
Jon Lewis
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
By:
Aaron C. Harp, City Attorney
Date:
ATTEST:
CITY ATTORNEY'S OFFICE
By:
Leilani Brown, City Clerk
Date:
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