6 Resolution Approving the First Amendment and Restatement to Agreement for Employment between the City of Livingston and Ruben Chavez for the Position of Police Chief.

Meeting Date: FEBRUARY 03, 2015

Agenda Item #6. Resolution Approving the First Amendment and Restatement to Agreement for Employment between the City of Livingston and Ruben Chavez for the Position of Police Chief.

Note from TheGardeningSnail: Parts of this page may have been prepared by running a PDF Image Document through a program which converts image to text. My apologies for any Textual Gremlins that may have slipped in. Copy of the Original can be found on the City’s Website. I may also have broken up some of the longer paragraphs for ease of reading.

STAFF REPORT

AGENDA ITEM: Resolution Approving the First Amendment and Restatement to Agreement for Employment Between the City of Livingston and Ruben Chavez for the Position of Chief of Police.

MEETING DATE: February 3, 2015

PREPARED BY: Odi Ortiz, Assistant City Manager Interim City Manager as of February 1, 2015

REVIEWED BY: Jose Antonio Ramirez, City Manager

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RECOMMENDATION:

Adopt a Resolution of the City Council of the City of Livingston approving the employment agreement between the City of Livingston and Ruben Chavez for his employment as Chief of Police.

BACKGROUND:

Livingston Municipal Code section 1-6-5(B) authorizes the City Manager to "appoint and promote, discipline, suspend or dismiss all officers and employees of the City except the City Clerk, City Attorney and City Treasurer." Pursuant to this authority, and after careful consideration of the negotiable items, the City Manager decided that Ruben Chavez should have his contract renewed as Chief of Police. As Interim City Manager as of February 1, 2015, I concur with this decision.

DISCUSSION:

In order to maintain the upmost transparency and to have the City Council approve the terms of employment for the Chief of Police position, as City Manager I have attached the employment agreement on this agenda for Council consideration. The employment agreement for the Chief of Police position includes the following terms:

• Term of Agreement will be for 3 years

• Chief of Police will be an at-will employee

The benefit package is consistent with the benefit package options of management personnel.

• Mr. Chavez will participate in any budgetary concessions agreed or imposed on the Livingston Police Officers’ Association.

CONCLUSION:

The City Manager has requested that the City Council consider the employment agreement for the Chief of Police position. As Interim City Manager as of February 1, 2015, I support this recommendation.

FISCAL IMPACT:

Pursuant to Section 7 of the Employment Agreement, the Police Chief will be compensated the base salary of $131,052 less all applicable Federal state and local withholdings. Mr. Chavez will continue to be subject to the standard merit system (performance evaluations) and position pay schedule for future step increases, as may be modified from time to time by the City Council. Funding of position will continue at 90% general fund and 10% CFDs.

ATTACHMENTS:

1. Resolution of the City Council of the City of Livingston Approving the First Amendment and Restatement to Agreement for Employment Between the City of Livingston and Ruben Chavez for the Position of Chief of Police.

2. First Amendment and Restatement to Agreement for Employment of Chief of Police.

2392736.1

RESOLUTION NO. 2015-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING A SECOND AMENDMENT TO THE AGREEMENT

FOR EMPLOYMENT OF POLICE CHIEF BETWEEN THE CITY OF LIVINGSTON AND RUBEN CHAVEZ

WHEREAS, on March 6, 2012, the City and Ruben Chavez ("Chavez") entered into an Employment Agreement for Chavez to work as Livingston’s Police Chief ("Employment Agreement"); and

WHEREAS, the Employment Agreement was for a three (3) year term and will expire on March 6, 2015; and

WHEREAS, Livingston Municipal Code section 1-6-5(B), authorizes the City Manager to "appoint and promote, discipline, suspend or dismiss all officers and employees of the City except the City Clerk, City Attorney and City Treasurer." Pursuant to this authority, and after careful consideration of the negotiable items, the City Manager decided that Ruben Chavez should have his contract renewed as Chief of Police. As Interim City Manager as of February 1, 2015, Odi Ortiz concurred with this decision; and

WHEREAS, the City and Chavez wish to amend the Employment Agreement to extend the term and insert a provision reflecting Chavez’ willingness to participate in employee concessions agreed to by the Livingston Police Officers’ Association; and

WHEREAS, pursuant to Section 7 of the Employment Agreement, Chavez will be compensated the base salary of $131,052 less all applicable Federal, state and local withholdings. Chavez will continue to be subject to the standard merit system (performance evaluations) and position pay schedule for future step increases, as may be modified from time to time by the City Council.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston, that:

The City Council hereby approves the First Amendment to the Agreement for Employment of Police Chief between the City and Ruben Chavez, attached hereto as Exhibit A and incorporated herein by reference. Pursuant to Livingston Municipal Code section 1-6- 5(B) and this Resolution, the City Manager is authorized to sign the First Amendment on behalf of the City.

Passed and adopted this 3rd day of February 2015, by the following vote: AYES:

NOES:

ABSTAIN:

ABSENT:

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Rodrigo Espinoza, Mayor of the City of Livingston

ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 3rd day of February 2015.

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Antonio Silva, City Clerk of the City of Livingston

2392777.1

CITY OF LIVINGSTON

FIRST AMENDMENT TO AGREEMENT FOR EMPLOYMENT OF POLICE CHIEF

This Amendment to the Employment Agreement of Police Chief ("First Amendment") is made and entered into this 3rd day of February 2015, by and between the City of Livingston, a general law city (the "City"), and Ruben Chavez, an individual ("Chavez").

RECITALS

WHEREAS, on March 6, 2012, the City and Chavez entered into an Employment Agreement for Chavez to work as Livingston’s Police Chief ("Employment Agreement"); and

WHEREAS, the Employment Agreement was for a three (3) year term and will expire on March 6, 2015; and

WHEREAS, Livingston Municipal Code section 1-6-5(B), authorizes the City Manager to "appoint and promote, discipline, suspend or dismiss all officers and employees of the City except the City Clerk, City Attorney and City Treasurer." Pursuant to this authority, and after careful consideration of the negotiable items, the City Manager decided that Ruben Chavez should have his contract renewed as Chief of Police. As Interim City Manager as of February 1, 2015, Odi Ortiz concurred with this decision; and

WHEREAS, the City and Chavez wish to amend the Employment Agreement to extend the term and insert a provision reflecting Chavez’ willingness to participate in employee concessions agreed to by the Livingston Police Officer’s Association; and

WHEREAS, pursuant to Section 7 of the Employment Agreement, Chavez will be compensated the base salary of $131,052 less all applicable Federal state and local withholdings. Chavez will continue to be subject to the standard merit system (performance evaluations) and position pay schedule for future step increases, as may be modified from time to time by the City Council.

NOW, THEREFORE, THE PARTIES AGREE TO THE FOLLOWING FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT

TERMS

1. Section 2, "Term of Agreement," of the Employment Agreement shall be amended to read as follows:

"Upon the execution of the First Amendment, the term of this Agreement shall commence on the effective date of the Employment Agreement between the City and Chavez dated March 6, 2012, and terminate on March 6, 2018, which date is a period of three (3) years from the original termination date of the Employment Agreement, unless otherwise terminated as provided for in this Agreement.

Notwithstanding the above-stated term, Chavez acknowledges that he is an at­ will employee and nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Manager to terminate his employment with the City as provided for in this Agreement."

2. Section 16, "Participation in Concessions by LPOA," shall be added to the Employment Agreement to read as follows:

"Chavez agrees to participate in any and all concessions agreed to or imposed on the Livingston Police Officers’ Association ("LPOA"). Chavez agrees to participate in any reduction in base salary agreed to or imposed on the LPOA by either taking the reduction of base salary or by contributing an equal amount to the California Public Employees’ Retirement System ("CalPers") for his retirement. Chavez’ contribution to CalPers shall be made to the City to use towards the amount the City pays to CalPers for Chavez’ retirement."

3. All other terms and conditions in the Employment Agreement shall remain in full force and effect to the extend they are not in conflict with this First Amendment.

IN WITNESS HEREOF, the parties have caused their authorized representative to execute this First Amendment on this 3rd day of February 2015.

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Ruben Chavez, an individual

DATED: –

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Odi Ortiz, Interim City Manager City of Livingston

APPROVED AS TO FORM:

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Jose M. Sanchez, City Attorney

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DATED:

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