HomeMy WebLinkAboutC-4512 - Interim Employment Agreement - Fire Chief0
INTERIM EMPLOYMENT AGREEMENT
This INTERIM EMPLOYMENT AGREEMENT ( "Agreement ") effective as of the 15th day
of March 2010, by and between the CITY OF NEWPORT BEACH, a municipal
corporation and charter city ( "City "), and STEVEN E. PARKER, an individual ( "Parker")
is made with reference to the following:
RECITALS
A. Steven Lewis is retiring from service as Fire Chief effective close of business
February 26, 2010 ( "Separation Date ").
B. The City will be conducting recruitment for a permanent Fire Chief.
C. The City Manager, pursuant to his authority under the Charter, the Employee
Policy Manual and the Civil Service Board Rules & Regulations, has selected a
qualified candidate to succeed Steven Lewis on an interim basis as the Interim
Fire Chief.
D. The City Manager may authorize and approve an interim Appointment to fill a
permanent vacancy (separation or retirement). In accordance with the City's
Employee Policy Manual, adopted by Resolution 2001 -100, Interim
Appointments expire in six (6) months but may be extended an additional six (6)
months at the discretion of the City Manager.
E. Parker and City desire to enter into an Interim Employment Agreement for the
position of Interim Fire Chief for the City of Newport Beach.
THEREFORE, the parties mutually agree to the terms set forth in this Employment
Agreement.
SECTION 1. Employment as Interim Fire Chief.
City shall employ Parker as Interim Fire Chief for the City of Newport Beach to perform
the functions and duties of that position as specified in the City Charter, Municipal Code
and all applicable state laws, including but not limited to those set forth in the "Fire
Chief description attached hereto as Exhibit A and incorporated herein by this
reference. Parker shall not provide Fire Chief services for any entity other than City
during the term of this Agreement. If requested by the City Manager, Parker shall also
assist with the recruitment of the permanent Fire Chief as well as with any organization I
assessments of the Newport Beach Fire Department, including its Lifeguard Division.
SECTION 2. Effective Date/Term.
Subject to earlier termination as provided for in this Agreement, Parker shall be
employed for a six (6) month term beginning on March 15, 2010 and shall remain in
effect until September 15, 2010 unless terminated earlier pursuant to Section 4 of this
Agreement or extended at the sole discretion of the City Manager. Said employment
shall be subject to all applicable rules and regulations for temporary employment under
CalPERS as a retired annuitant, and shall not exceed nine - hundred sixty (960) hours in
any fiscal year.
SECTION 3. Base Compensation.
City shall pay Parker a base salary of $99,508.00 for the term of the agreement payable
in bi- weekly installments during the term of this Agreement. City shall have the right to
deduct or withhold from Parker's base salary any and all sums required for federal or
state income tax, and all other taxes, deductions or withholdings required by then
current state, federal or local law. The City shall issue a W -2 form for Parker's
employment as required by law.
During his employment, Parker shall devote such time, interest and effort to the
performance of this Agreement as may be fairly and reasonably necessary. However,
absent emergencies or exceptional circumstances, it is agreed by the parties that
Parker shall be reasonably expected to devote at least thirty -six (36), and no more than
forty (40), hours weekly to the performance of his duties. It is understood that the City
Manager and Parker may arrange for modifications of this schedule by mutual
agreement. In no event shall Parker work more than 960 hours per fiscal year under
this Agreement.
SECTION 4. Termination and Severance Pay.
Parker may temninate this Agreement by giving the City at least sixty (60) days prior
written notice of termination. City may terminate Parker, without cause, at the City
Manager's discretion. Parker shall be furnished with written notice stating the City s
intention to terminate this Agreement, and any reasons for termination, if appropriate, at
least sixty (60) days prior to the effective date of termination.
Up until June 15, 2010 in the event of early termination, Parker shall receive severance
pay equal to two (2) months of his base compensation (calculated as one -third of
$99,508.00, or a total of $33,166.02) as of the date of termination by City, unless he is
terminated because of criminal conduct, malfeasance or a gross abuse of discretion.
SECTION 5. Employee Benefits.
A. Parker shall be entitled to the paid holidays that occur during the term of this
Agreement as set forth in the Holiday Leave section of the current City of
Newport Beach Key and Management Employees Compensation Plan for 2007-
2010. Those holidays anticipated to occur during the term of this Agreement
include: Memorial Day, the 4t' of July Holidays and Labor Day.
B. Parker shall be entitled to 80 hours of administrative leave during the term of this
Agreement. Said administrative leave shall not accrue, and any unused
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administrative leave hours shall expire upon the termination of this Agreement,
and shall not be subject to redemption for compensation, or "cashing- out ".
C: The City personnel ordinances, resolutions, rules and policies shall apply to
Parker in the same manner as applied to other management employees,
provided, however, in the event of a conflict between the provisions of this
Agreement and the City Charter, the City Charter shall prevail.
D. Parker's duties require him to be available to respond to the demands of City
business after regular work hours and on weekends. Parker shall be provided
with an automobile that may be used for City business as well as for personal
use within a 100 -mile radius of the City; however, Parker shall purchase gasoline
for the automobile when used for reasons other than City business in the event
such use fall outside the 100 -mile radius of the City. Parker shall report all such
personal use to the City Manager when the latter occurs. The automobile shall
be selected at the sole discretion of the City. Reasonable maintenance for the
automobile shall be provided by City.
E. Parker shall be provided with the required complete Fire uniforms and related
equipment consistent with his responsibilities.
F. Parker shall be provided with a cell phone for City business during the term of
this Agreement.
SECTION 6. Business Expenses.
City shall reimburse Parker for all reasonable, authorized City related business
expenses actually incurred by Parker in the performance of services pursuant to this
Agreement. Parker shall, to the extent possible, use a City- issued credit card issued to
pay for business expenses. Parker shall comply with City Council policies for expense
and travel reimbursement.
SECTION 7. Evaluation.
To ensure the City's needs and expectations are met, the City Manager, or the City
Manager's designee, may meet with Parker on a regular basis, but not less than once a
month, to evaluate Parker's performance, set goals, and provide feedback on Parker's
performance of the duties set forth herein and in the attached Exhibit A.
Upon the termination of this Agreement, Parker or the City Manager may request a
written evaluation of Parker's performance of the duties set forth herein and in the
attached Exhibit A, a copy of which shall be provided to Parker.
SECTION 8. Indemnification By City.
City shall, to the maximum extent permitted by law, indemnify and hold Parker harmless
for any acts or decisions made by him in the course and scope of employment. To the
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same extent, City shall pay and advance all expenses, including reasonable attorney's
fees and costs of court- approved settlements, actually and necessarily incurred by City
in connection with any appeal, which has been brought against Parker by reason of his
performance of services as an officer or agent of the City.
SECTION 9. General Provisions.
A. Parker shall serve at the pleasure of the City Manager and may be terminated "at
will" and without specification of cause, subject only to the procedural
requirements specified in this Agreement, the Brown Act and/or relevant
provisions of the City Charter or City ordinance.
B. Any notice required by this Agreement shall be in writing and deemed given when
personally delivered to the City Clerk in the case of the City, or after three business
days when properly addressed and deposited in the United States mail, registered
or certified, with postage prepaid and return receipt requested. All notices,
demands, requests or approvals from Parker to City shall be addressed to City
at:
David A. Kiff, City Manager
City of Newport Beach
PO Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658
All notices from City to Parker shall be addressed to Parker at:
Steven E. Parker
28612 Munera
Mission Viejo, CA 92692
C. This Agreement represents the entire understanding of the parties and any
modification is effective only if it is in writing and signed by the parties and approved
as to form by the City Attorney.
D. The notice provisions of this Section shall survive the expiration of this
Agreement.
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In Witness to Agreement of the Above Provisions, the Parties have affixed their
signatures on the dates noted below.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By.
avi Hia t/" Cit Attorney
Dated: LL to
ATTEST:
By: AQ�ff��
Leilani I. Brown, Citj Clerk
Dated
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Da ' . Kiff, City Man g`b er
Dated: 0,
EMPLOYEE:
By:
Steven E. Parker
Dated: 1-5� -/ � —/U
Attachments: Exhibit A: Fire Chief Job Specifications
CITY OF NEWPORT BEACH
Revision Date: May 4, 2006
FIRE CHIEF
SALARY RANGE
$78.52 - $95.68 Hourly
$6,281.60 - $7,654.40 Biweekly
$13,610.13 - $16,584.53 Monthly
$163,321.60 - $199,014.40 Annually
Class Code:
8115
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 duster preparedness program 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:
Duties may include, but are not limited to, the following:
• 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 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 departmental 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 In 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; and
• Perform related duties as assigned.
QUALIFICATIONS:
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 directions from a supervisor;
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 work overtime hours as needed.
EXPERIENCE & TRAINING AND LICENSE /CERTIFICATE:
A combination of experience and training that would likely provide the required knowledge and abilities may be 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.
Training: Completion of coursework leading to a bachelors degree in fire administration or a closely related field. A master's
degree in public administration, fire administration or a related field is desirable.
License /Certificate: Possession of, or ability to obtain, an appropriate, valid California driver's license is required.
Additional Requirement:Prior to employment the prospective candidate must successfully complete a thorough background
review, including being fingerprinted by Newport Beach Police Department.
Salary Schedule - Bargain unit 80
City of Newport Beach
2009 Job Class -Range Alpha Report
Executive Management
Effective Date: 6/20/2009
Page 1 of 1
$83.71 $6,696.80 $14,509.73 $174,116.80
8141
ASST CITY MANAGER
080
17
$72.18
$5,774.40
$12,511.20
$160,134.40
$87.95
$7,036.00
$15,244.67
$182,936.00
8100
BUILDING DIRECTOR
080
11
$62.24
$4,979.20
$10,788.27
$129,459.20
$75.82
$6,065.60
$13.142.13
$157,705.60
8115
FIRE CHIEF
K81
01
$78.52
$6,281.60
$13,610.13
$163,321.60
$95.68
$7,654.40
$16,584.53
$189,014.40.
8120
GENERAL SERVICES DIRECTOR
080
14
$67.01
$5,360.80
$11,615.07
$139,380.80
$81.66
$6,532.80
$14,164.40
$169,852.80
8135
HUMAN RESOURCES DIRECTOR
Q80
11
$62.24
$4,979.20
$10,788.27
$129,459.20
$75.82
$6,065.60
$13,142.13
$157,705.60
8165
LIBRARY SERVICES DIRECTOR
080
11
$62.24
$4,979.20
$10,788.27
$129,459.20
$75.82
$6,065.60
$13,142.13
$157,705.60
8140
PLANNING DIRECTOR
Q80
11
$62.24
$4.979.20
$10,788.27
$129,459.20
$75.82
$6,065.60
$13,142.13
$157,705.60
8145
POLICE CHIEF
K81
02
$77.14
$6,171.20
$13,370.93
$160,451.20
$94.00
$7,520.00
$16,293.33
$195,520.00
8150
PUBLIC WORKS DIRECTOR
080
15
$68.69
$5,49520
$11,906.27
$142,875.20
`
$83.71
$6,696.80
$14,509.73
$174,116.80
81130
REC & SR SERVICE DIRECTOR
080
11
$62.24
$4,979.20
$10,788.27
$129,459.20
$75.82
$6,065.60
$13,142.13
$157,705.60
8160
UTILITIES DIRECTOR
080
11
$62.24
$4,979.20
$10,788.27
$129,459.20
$75.82
$6.005.60
$13,142.13
$157,705.60
https: /Iwww2.city.newport- beach .ca.usAmn /salary_schedule.asp ?BARGAIN =80 09/09/2009