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HomeMy WebLinkAboutWALTERS, PAUL M. - 2013 POLICE LIAISONA-2013-031-01 EMPLOYMENT AGREEMENT This Employment Agreement ("Agreement") is made and entered into by and between the the City of Santa Ana ("City") and Paul Walters ("Employee" or "Liaison"). In consideration of the mutual covenants contained in this Agreement, City hereby employs Employee, and Employee hereby accepts employment with City, upon the terms and conditions set forth as follows: AGREEMENT For valuable consideration, City and Employee agree as follows: 1. Employment Status. Employee was previously employed as the City Manager of the City. Employee resigned the City Manager position effective February 1, 2013. Employee desires to serve, and City desires to employ Employee, as the City's Law Enforcement Liaison ("Liaison"). 2. Assignment. a. Duties: Employee's assignment will be to serve as Law Enforcement Liaison for City. Employee will perform any and all duties required of the Liaison, as determined in writing by the City Manager and Chief of Police. Employee shall report to the City Manager. Duties of the Law Enforcement Liaison may include, but shall not be limited to, acting as the City's intermediary with regional, state and federal law enforcement agencies and special law enforcement task forces. Such law enforcement agencies shall include the FBI, ATF, DEA,- ICE and the United States Attorney and the California Attorney General. b. Additional Duties: The Law Enforcement Liaison may also be required to serve as the City's representative to and/or be a board member of regional, state and national boards and commissions and interagency task forces. Liaison may also be called upon to provide strategic management consultation to City and its Police Department. Liaison may also be required to serve in a dignitary representative capacity for City at civic and governmental ceremonies and functions. Liaison may also be required to provide training to executive management of the Police Department as requested. C. Start Date: Employee shall be deemed to have commenced his services as Liaison as of February 2, 2013. d. Faithful Performance; Other Activities: Employee shall faithfully, diligently, and to the best of the Employee's abilities perform all Duties and Additional Duties that may be required under this Agreement. Without permission from the City Manager, Chief of Police, or anyone else in authority at the City, Employee is at liberty to engage in any activity, consulting service or enterprise, including teaching or board membership, for compensation or otherwise, which is not in conflict with his Faithful Performance of his Duties, or Additional Duties, under this Agreement. 55394.00000\7818416.1 3. Compensation. Compensation shall be paid to Employee as follows: a. Salary: City shall pay Employee a gross salary of $264,999.00 per year, payable monthly in accordance with City's normal payroll process, less applicable federal and state withholdings and deductions. b. Medical Benefits: Employee and his dependents shall receive health, dental and vision benefits on the same basis, and under the same terms and conditions, as were in effect at the time of his resignation as City Manager. C. Benefit Accruals: Employee shall accrue PERS retirement credits on the same basis, and under the same terms and conditions, as were in effect at the time of his resignation as City Manager. Employee shall not accrue vacation or sick benefits during the Term of this Agreement. d. Fringe Benefits: Employee shall not receive any additional fringe benefits of any nature. e. Business Expenses: City shall reimburse Employee for reasonable business expenses incurred in the course of Employee's duties, subject to advance written approval by the City Manager. Any and all expenses for which Employee seeks reimbursement must be properly documented with the actual receipt for each expenditure. 4. Term. The term of this Agreement shall be from February 2, 2013 through February 1, 2014. 5. Protection of Confidential Information. Employee agrees to maintain and protect the confidentiality of all Employer Confidential Information (as defined in Attachment "A"). In consideration of employment and the compensation and benefits provided to Employee under this Agreement, Employee agrees to execute the "Agreement to Protect Confidential Information" attached hereto as Attachment "A". Employee acknowledges that the provisions regarding protection of City's confidential information apply both during and after conclusion of Employee's employment. 6. Other Terms and Conditions of Employment. There are no additional terms and conditions of employment. Employee acknowledges that he is a contract employee and does not have any additional rights as are set forth in Employer's charter, municipal code or policies, as may be revised from time to time in the sole discretion of Employer. 7. Termination. a. Resignation/Mutual Agreement: Employee may voluntarily resign his position after giving City at least seven (7) days written notice prior to the effective date of such resignation, unless such notice is waived in whole or part by the City Manager. Additionally, the Parties may mutually agree to terminate this Agreement at any time. 2 55394.00000\7818416.1 b. Termination for Cause: City may terminate this Agreement for Cause upon these grounds: (i) Conviction of a felony or conviction of a misdemeanor involving moral turpitude. A plea of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offense involving moral turpitude, is deemed to be a conviction within the meaning of this subsection; or (ii) Unlawful discrimination, including harassment, on the basis of race, religious creed, color, national origin, ancestry, physical handicap, marital status, sex or age, against the public or other employee(s) while acting in the capacity of a city employee. (iii) Intentional refusal by the Employee to perform his Duties or Additional Duties as assigned, after being given Notice by the City Manager in writing that such continued refusal shall result in the termination of this Employment Agreement; or (iv) Any conduct of the Employee detrimental to the mission, goals and services of the City and its individual Departments or which disparages the City, its officers, directors, employees, agents or family members of any of the same, in any manner likely to be harmful to them or their business reputation or personal reputation. In such occurrence the City shall provide to the Employee written Notice of the alleged detrimental or disparaging conduct and its intent to terminate this Employment Agreement. No such termination shall be effective unless and until the decision to terminate has been upheld by an arbitrator at Judicial Arbitration and Mediation Services ("JAMS"). The arbitrator shall be chosen jointly by the parties. If the parties cannot mutually agree on an arbitrator the arbitrator shall be selected pursuant to the practices of JAMS. At the hearing before the Arbitrator the City shall bear the burden of proof by a preponderance of the evidence that the Employee committed the acts as alleged and that the conduct is detrimental to the mission, goals or services of the City or disparaging to the City, its officers, directors, employees, agents or family members of any of the same, in any manner likely to be harmful to them or their business reputation or personal reputation. The cost of the hearing shall be borne by the City. Any conduct of the Employee that constitutes protected and concerted activity under the National Labor Relations Act shall not be the basis for a termination of this Agreement. 8. Unemployment Benefits. Employee agrees not to apply for unemployment benefits related to his City employment following the termination of this Agreement. 3 55394.00000\7818416.1 9. 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 Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 If to Liaison: Paul M. Walters 765 Goldfinch Way Anaheim, CA 92807 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. 10. Entire Agreement. This Agreement constitutes the entire agreement between City and Employee regarding Employee's compensation and terms of employment. This Agreement supersedes all prior and contemporaneous agreements, understandings, representations and warranties between the parties, whether written or oral pertaining to Employee's compensation and terms of employment. No supplement, modification, or amendment of this Agreement will be binding unless executed in writing and signed by both City and Employee. 11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California. 12. Severability. In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 13. Execution. Employee acknowledges that Employee has not relied on Employer's legal counsel or Employer's officers or directors to provide counseling regarding the meaning or legal impact of the provisions of this Agreement. Employee acknowledges that the Employee has been given a reasonable opportunity to have this Agreement reviewed by any attorney chosen by Employee to counsel the Employee regarding the execution of this Agreement. Employee further acknowledges that the Employee's execution of this Agreement has not been effectuated by any duress, undue influence, 4 55394.0000017818416.1 coercion, or oppressive act(s) by Employer. Lastly, the parties hereto fully acknowledge that they each thoroughly and carefiilly have read this Agreement, understand it, and willingly and voluntarily execute this Agreement. 14. Counterparts. This Agreement may counterparts, with the same force and effect document. be executed by the parties in as if each party signed the same MAY 0 2 201; Dated: CITY OF SAJkT-AANA By Kevin O'Rourke Interim City Manager ATTEST Maria D. Huizar Clerk of the Council Dated: `t--z ?, t 3 AP ROVED AS TQ FORM i osep traka Assistant City Attorney EOYE C ? Paul Walters 5 55394.0000017818416.1 ATTACHMENT A AGREEMENT TO PROTECT CONFIDENTIAL INFORMATION During your employment with ("CITY"), you will be entrusted with and have access to important and sensitive information about CITY. You will also have access to law enforcement information. To protect the confidentiality of this information, CITY requires you to read and sign this Agreement. In consideration of your employment or continued employment with CITY, you acknowledge and agree as follows. 1. Confidential Information - Defined. CITY considers much work-related information to be confidential ("Confidential Information"). Confidential Information may not always be marked "confidential." If you have any question whether certain information is confidential, please err on the side of caution and seek guidance from the City Manager before using or disclosing the information to a third party (i.e., any person outside of CITY). 2. No Unauthorized Use Or Disclosure. Except as required to perform your job duties, you may not use Confidential Information. In particular, you may not use Confidential Information to benefit yourself or a third party, you may not disclose Confidential Information to a third party, and you may not remove Confidential Information from CITY's business premises. 3. Duty Continues After Your Employment Ends. Your obligation not to use or disclose Confidential Information is an on-going duty. It exists during your employment and continues after your employment ends, regardless of the reason. 4. Violation of Agreement. Violation of this Agreement during your employment will result in discipline, up to and including termination. As your violation, or threatened violation, of this Agreement might seriously damage CITY and/or its employees, CITY reserves the right to take appropriate legal action to address such violation or threatened violation. Please confirm your understanding of this Agreement and your acceptance of its terms by signing the Agreement in the space provided below and returning it to the City Manager. The original of this Agreement will be maintained in your personnel file, and a copy will be provided to you. AGREED TO AND ACCEPTED BY: Dated: C/ Z,?. / 5 S5394.00000\7818416.1 Employee 6