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Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 7, 2023
TOPIC: City Clerk Appointment Agreement
AGENDA TITLE
Approve Agreement for City Clerk Appointment
RECOMMENDED ACTION
Authorize the Mayor to execute an employment agreement outlining the terms and
conditions of the appointment of Jennifer Hall as the City Clerk for the City of Santa
Ana.
DISCUSSION
City Charter 701 authorizes the City Council to appoint a City Clerk. The City Clerk is
responsible for preparing City Council documents, postings and agendas, providing
information and maintaining official City records, conducting municipal elections, and
ensuring compliance with the Brown Act and Political Reform Act in accordance with all
applicable federal, state, and local laws.
Following a recruitment to identify, interview, and evaluate candidates, the City Council
selected and desires to appoint Jennifer Hall to the position of City Clerk. The proposed
Employment Agreement (Exhibit 1) delineates the terms and conditions of the proposed
appointment of Ms. Hall. This Agreement includes the following primary provisions:
• Term: This Agreement shall be deemed effective beginning on February 27,
2023 and shall remain in effect unless terminated earlier in accordance with the
provisions of this Agreement.
• Compensation: City agrees to pay City Clerk a base salary commencing on the
effective date set at one hundred seventy-two thousand dollars ($172,000)
annually and payable in installments made in the same manner and at the same
times as the salaries of other executive managers of the City.
• Benefits: Except as expressly provided for in this Agreement (sick leave,
vacation, and 457 deferred compensation), City Clerk shall be entitled to receive
the same benefits provided to other Executive Management employees pursuant
to Resolution No. 2020-082, as may be amended from time to time by the City
Council. These benefits include, but are not limited to: health and welfare
benefits (medical, dental, vision, life, and disability insurance), leave accruals and
City Clerk Appointment Agreement
February 7, 2023
Page 2
cash -out provisions, retirement plan contributions, tuition reimbursement,
retirement health savings plan, auto allowance, and deferred compensation.
• Sick leave: Upon employment, City Clerk will be provided with a bank of one
hundred seventy-five (175) hours of sick leave.
• Vacation: Upon employment, City Clerk will be provided with a bank of two
hundred ten (210) hours of vacation leave. City Clerk will accrue vacation at the
rate of one hundred sixty (160) hours per year.
• Deferred Compensation: City Clerk will receive deferred compensation
pursuant to the City's 457 plan in the amount of sixteen thousand dollars
($16,000) per year.
• Severance Pay: If the Employment Agreement is terminated by a vote of the
City Council, change in form of government, or reduction of salary or benefits, the
City Clerk will receive a severance payment in a lump sum equal to six (6)
months of the City Clerk's then monthly CaIPERS reportable income plus the
value of all City provided pension and medical benefits.
The above provides a summary of the primary provisions of the Employment Agreement
for the City Clerk. A complete description is available in the City Clerk Employment
Agreement (Exhibit 1).
ENVIRONMENTAL IMPACT
The consideration and approval of the proposed action do not constitute a project under
the California Environmental Quality Act.
FISCAL IMPACT
If the City Clerk candidate begins employment with the City on February 27, 2023, the
estimated cost of the Agreement for Fiscal Year 2022 - 23 is eighty-six thousand eight
hundred eighty-six dollars ($86,886) (Exhibit 2); a spreadsheet detailing the estimated
costs is attached to this report.
The Agreement will be paid from the 61000 series of accounts in the City Clerk
Accounting Unit 01107031.
EXHIBIT(S)
1. City Clerk Employment Agreement
2. Estimated Cost of Proposed City Clerk Agreement
Submitted By: Jason Motsick, Executive Director of Human Resources
Approved By: Kristine Ridge, City Manager
CITY OF SANTA ANA
CITY CLERK EMPLOYMENT AGREEMENT
This Employment Agreement ("Agreement") is entered into as of the 7th day of
February 2023 (the 'Effective Date"), between the City of Santa Ana, a California
charter city ("City"), and Jennifer Hall ("Employee"). The City and Employee are
sometimes referred to in this Agreement as "Party" and collectively as "Parties."
RECITALS
WHEREAS, it is the desire of the City Council to appoint and retain the services
of Employee as City Clerk, and
WHEREAS, Employee desires to accept the appointment as the City Clerk of the
City, and
WHEREAS, it is the desire of the City Council to provide certain benefits,
establish certain conditions of employment and to set certain working conditions of the
City Clerk.
NOW, THEREFORE, the above named Parties hereby mutually agree and
promise as follows:
1. Duties, Acceptance of Appointment, Hours of Work.
1.1 Appointment and Scope of Services.
Employee has been appointed as City Clerk by the City Council, and shall
perform the functions of City Clerk, a position involving highly -specialized and
critically -needed skills set forth in the attached job description, in the Santa Ana City
Charter, and as provided by law. Such employment is "at will," subject to the terms of
this Agreement, and Employee shall perform said duties at the pleasure of and under
the direct supervision of the City Council.
1.2 Acceptance of Appointment.
Employee hereby accepts the appointment as City Clerk of the City of
Santa Ana subject to all terms and conditions set forth in this Agreement.
1.3 Hours of Work.
Employee is expected to devote necessary time, within and outside
normal business hours, to the business of the City as an exempt employee under the
Fair Labor Standards Act.
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2. Term.
This Agreement shall be deemed effective beginning on February 27, 2023
and shall continue until terminated in accordance with Section 9 of this Agreement.
3. Compensation.
3.1 Salary
City agrees to pay Employee as compensation for services rendered
pursuant to this Agreement, an annual base salary, commencing on February 27, 2023,
in the amount of $172,000 annually, payable in installment payments in the same
manner and at the same times as other City employees.
3.2 Mobile Phone and Electronic Devices
The City shall provide Employee with a mobile phone, laptop and/or
tablet for use in City business. Employee understands that all data and information
stored on such phone and electronic devices, including but not limited to records of
calls made and received, voice mail messages, and text messages may be considered
public records under the California Public Records Act.
3.3 Benefits
Except as expressly provided for in this Agreement, Employee shall receive the same
benefits applicable to City Executive Management employees as follows:
• Health and Welfare Benefits
• Leave Accruals and Cash -out Provisions
• Retirement Plan Contributions
• Tuition Reimbursement
• Retirement Health Savings Plan
• Auto Allowance
• Deferred Compensation
3.3.1 Sick Leave Bank
Upon employment with the City, Employee shall be provided a bank of
175 hours of accrued sick leave.
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3.3.2 Vacation Leave Bank
Upon employment with the City, Employee shall be provided a bank of
210 accrued vacation leave hours.
3.3.3 Vacation Leave Accrual
As a longevity credit, Employee shall accrue vacation leave at a monthly
rate equal to 160 hours of vacation leave per year.
3.3.4 Deferred Compensation (457 Plan)
City agrees to provide Employee deferred compensation pursuant to
Section 457 of the Internal Revenue Code, in the amount of $16,000 a year. Payments
shall be divided and deposited on the Employee's behalf for each pay period.
4. Performance Evaluation.
The City Council shall review Employee's job performance at least once
annually. Employee shall remind the City Council of its obligations under this Section
each year and shall work with the City Council in finding an appropriate time to place
his or her annual evaluation on the agenda. As a result of the performance evaluation
and at the City Council's sole discretion, the City Council may provide a salary increase
and/or performance bonus. The City Council may also review Employee's performance
at other intervals as it deems appropriate.
5. Bonds.
City shall bear the full cost of any fidelity or other bonds required of
Employee under any law or policy.
6. Business Expenses
6.1 General Expenses
City recognizes that Employee may incur expenses of a non -personal, job -
related nature that are reasonably necessary to Employee's service to the City. The City
agrees to either pay such expenses in advance or to reimburse the expenses, so long as
the expenses are incurred and submitted in accordance with the City's normal
expenditure reimbursement procedures. To be eligible for reimbursement, all expenses
must be supported by documentation meeting the City's normal requirements and
must be submitted within time limits established by the City.
City agrees to budget and pay for professional dues and subscriptions for
Employee necessary for her continuation and participation in national, regional, state,
and local conferences, meetings, associations, and organizations desirable for
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Employee's continued participation, professional development, and for the benefit of
the City.
6.2 Reimbursements
Employee shall submit reimbursements requests in accordance with City
policy for work -related reimbursement activities.
7. Abuse of Office or Position.
Pursuant to Government Code Sections 53243, 53243.1 and 53243.2, if
Employee is convicted of a crime involving an abuse of his or her office or position, all
of the following shall apply: (1) if Employee is provided with administrative leave pay
pending an investigation, Employee shall be required to fully reimburse City such
amounts paid; (2) if the City pays for the criminal legal defense of Employee (which
would be in its sole discretion, as it is generally not obligated to pay for a criminal
defense), Employee shall be required to fully reimburse the City such amounts paid;
and (3) if this Agreement is terminated, any severance pay and severance benefits
related to the termination that Employee may receive from the City shall be fully
reimbursed to City or void if not yet paid. For purposes of this Section, abuse of office
or position means either: (1) an abuse of public authority, including waste, fraud, and
violation of the law under color of authority; or (2) a crime against public justice,
including, but not limited to, a crime described in Title 7 (commencing with Section 92)
of Part 1 of the Penal Code.
8. Notices.
Any notice required or permitted by this Agreement shall be in writing
and shall be personally served upon the other Party, or sent by United States Postal
Service, postage prepaid and addressed to the appropriate Party as follow:
If to City: City of Santa Ana
If to Employee: Jennifer Hall
City Clerk
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Notice shall be deemed given as of the date of personal service or upon
the date of deposit in the course of transmission with the United States Postal Service.
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9. Termination.
9.1 Severance
Employee shall receive six (6) months severance payment upon
termination without cause. All compensation due and payable shall be paid upon
termination.
9.2 At -Will Employee
Employee shall serve at the will and pleasure of the City Council.
Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
the City Council to suspend from duty, remove from office or otherwise terminate the
services of Employee at any time, at the sole discretion of the City Council. This
Agreement may be terminated as follows.
9.3 Termination - Council Vote
In accordance with section 701 of the Santa Ana City Charter, the City
Council may remove the Employee without cause by motion adopted by five (5)
affirmative votes of the Mayor and members of the City Council, provided that such
termination shall not occur within a period of six (6) months succeeding any swearing -
in of a member of the City Council following any municipal election (regular, special,
recall) or appointment of such City Council member.
9.4 Resignation
Employee may voluntarily resign their position as City Clerk, after giving
the City at least thirty (30) days written notice prior to the effective date of such
resignation, unless such notice is waived in whole or part by the City Council.
9.5 Disability.
In the event the Employee is permanently disabled or is otherwise unable
to perform his or her duties because of physical or mental incapacity for a period of six
(6) consecutive months, the City may terminate the Employee's employment and this
Agreement. Notwithstanding the above, nothing in this subsection shall be interpreted
to waive any obligation the City may have to provide Employee with a reasonable
accommodation or to engage in an interactive process with Employee to determine
whether a reasonable accommodation is available.
10. General Provisions.
10.1 This writing constitutes the entire agreement between the parties
with respect to the subject matter hereof, and supersedes all prior oral or written
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representations or written agreements on the subject matter hereof, which may have
been entered into between the parties. No modification or revision to this Agreement
shall be of any force or effect, unless the same is in writing and executed by the Parties
hereto.
10.2 Each Party agrees and acknowledges that no representations,
inducements, promises, or agreements, orally or otherwise, have been made by any
party, or anyone acting on behalf of any Party, which are not embodied herein and that
any agreement, statement, or promise not contained in this Agreement shall not be
valid or binding on either Party.
10.3 If any provision, or portion thereof, contained in the Agreement is
held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or
portion thereof, shall be deemed severable, shall not be affected and shall remain in full
force and effect.
10.4 This Agreement shall be governed by and construed in accordance
with the law of the State of California. Venue shall be in Orange County.
10.5 This Agreement shall be construed as a whole, according to its fair
meaning, and not in favor or against any Party. By way of example and not in
limitation, this Agreement shall not be construed in favor of the party receiving a
benefit or against the Party responsible for any particular language in this Agreement.
10.6 Employee acknowledges that he or she has had an opportunity to
consult legal counsel in regard to this Agreement, that he or she has read and
understands this Agreement, that he or she is fully aware of its legal effect, and that he
or she has entered into it freely and voluntarily and based on his or her own judgment
and not on any representations or promises other than those contained in this
Agreement.
10.7 In any dispute arising out of this Agreement, the prevailing party
shall recover its reasonable attorneys' fees and costs.
IN WITNESS WHEREOF, the parties have executed this Employment Agreement
on the 7th day of February, 2023.
EMPLOYEE
je i er Hal
CITY OF SANTA ANA
Valerie Amezcua
Mayor
ATTEST:
Norma Orozco
Acting City Clerk
Approved as to Form:
Jo Funk
Chief Assistant City Attorney (Excepted)
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u* CITY CLERK (EM)
Class Code:
Bargaining Unit: Unrepresented Executive 01990
d
t Management
CITY OF SANTAANA
Revision Date: Aug 1, 2008
SALARY RANGE
$0.00 Hourly
$0.00 Weekly
$0.00 Monthly
$0.00 Annually
DEFINITION:
Under general direction of the City Council, plans, organizes, directs and coordinates the
activities of the Clerk of the Council Office including maintaining the city's legislative history,
administering and conducting special and general municipal elections; ensuring compliance
with the Political Reform Act, and, coordinating and administering all activities related to City
Council regular and special meetings.
ESSENTIAL FUNCTIONS INCLUDE BUT ARE NOT LIMITED TO:
Responsibilities and duties may include, but are not limited to, the following:
Provides leadership in developing, planning and implementing departmental goals and
objectives; plans, directs, coordinates, and reviews all activities related to maintaining City
Council records and official archives; prepares reports regarding the various activities of the
Clerk of the Council Office; recommends and administers policies and procedures in
accordance with the City Charter, Municipal Code, or State and Federal mandates;
participates on City's Executive Management Team.
Receives all documents addressed to the City Council and presents these documents to the
City Council.
Attends all City Council meetings; provides corporate secretary services, including
preparation of agendas, publication of legal notices and record processing, to the City Council
and other agencies and authorities such as Santa Ana Industrial Development Authority,
Santa Ana Financing Authority, Housing Authority, Community Redevelopment Agency, and
Santa Ana Empowerment Zone Corporation; maintains the minutes and indexes of all such
proceedings.
Conducts all City special and general elections in accordance with the City Charter and the
State's Elections Code provisions; oversees compliance with the Political Reform Act and all
required filings.
Acts as custodian of the City seal, City Charter, minutes, ordinances, resolutions, and Santa
Ana Municipal Code, and electronic indexes to same; administers oaths, and processes
claims and summons; certifies official document originality for evidentiary purposes; manages
the City's repository of contracts, and other legislative documents.
Oversees Board and Commission appointments; provides training to board and commission
recording secretaries relative to standardizing agendas and minutes; assures compliance with
Brown Act, Public Records Act, and public notice requirements.
RECOMMENDED MINIMUM QUALIFICATIONS:
Education and experience equivalent to graduation from an accredited college or university
with a Bachelor's degree in public or business administration or related field, and three years
of responsible management and supervisory experience involving the administration of a City
Clerk's or similar office.;
DESIRABLE KNOWLEDGE, SKILLS AND ABILITIES
Certification as a Municipal Clerk is recommended but not required; extensive knowledge of
laws and regulations applicable to the governmental structure of a municipality and
specifically related to the functions and operations of a Clerk of the Council office (City Clerk);
excellent interpersonal communication skills, including both oral and written communication;
strong technical skills in the area of computer and network operations, imaging systems, and
internet applications; Spanish competency preferred, but not mandatory.
SUPPLEMENTAL INFORMATION:
N/A
OTHER REQUIREMENTS:
N/A
DISTINGUISHING FEATURES OF THE CLASS:
Single position classification appointed by the City Council. Incumbent has legal and fiduciary
responsibilities for carrying out the aforementioned duties on behalf of the legislative body
and the municipal corporation. This position interfaces with elected officials, the City's
executive managers, other government agencies, and the public, requiring excellent
communication skills, diplomacy, tact, and independent judgment.
CHARACTERISTICS OF SUCCESSFUL PERFORMERS:
N/A
EXHIBIT 2
Estimated Cost of Proposed City Clerk Agreement
Description
Annual
Rates
Base Salary
$172,000
Deferred Compensation
$16,000
CaIPERS Retirement Cost (Classic)
$20,861
Medical/Dental (Max)
$23,760
LTD/Life Insurance
$1,074
Workers Compensation
$10,550
Medicare
$2,494
Auto Allowance
$6,000
Total Annual Compensation
$252,739
February 27, 2023 - June 30, 2023 $86,886