Memo, alternatives for selection & discipline of chief of police, 1991-04-19 |
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TO : REFERENCE SUBJECT : REPORT FROM • Public Safety Committee • THE PERSONNEL DEPARTMENT . , ' • t . L D A T E 4/19/91 CO U NC I L F I LE ALTERNATIVES FOR SELECTION AND DISCIPLINE OF CHIEF OF POLICE At the March 26, 1991 meeting of the Public Safety Committee we were asked to list and comment on alternative methods for the selection and discipline of the Chief of Police. In addition, we were asked to review and comment on a motion (Alatorre-Farrell) of March 13, 1991, regarding various alternatives for the appointment and removal of the Chief of Police, and a proposed charter amendment creating a Public Search Committee. To facilitate your review we have attached two appendices to this report. The first (Attachment A) outlines various alternatives for the selection and discipline of the Chief of Police, and the second (Attachment B) summarizes our comments on the March 13th motion and the Public Search Committee. Attachment A contains a Worksheet and a Discussion Outline summarizing what we believe to be the more significant points of the employment system for the Chief of Police. We are suggesting you consid~r three employment categories (Contract, Exemption, and Civil Service), and two alternative Appointing Authoritie·s; 1) Mayor with Council confirmation, and 2) the Police Commission. Generally, contracting for service or exempting the position should provide greater accountability and responsiveness, as well as establishing a more flexible system with greater administrative efficiency. The Personnel Department has supported several attempts to create an Executive Service for all General Managers, including the Chief of Police. In general, we are supportive of · measures that make General Managers more accountable to the Mayor and Council. FOAM PDES 7 Accordingly, we support the general goal of the March 13th motion and we appreciate the opportunity to review it and the concept of a Public Search Committee from a personnel management perspective. Appendix B includes our comments on these proposals. GENERAL MANAGER . ,.ERSONNEL. DEP'ARTMENT • • EMPLOYMENT SYSTEM ALTERNATIVES DISCUSSION OUTLINE II CONTRACT EXECUTIVE SERVICE CIVIL SERVICE II TYPE OF EMPLOYMENT and APPOINTING AUTHORITY CONTRACT A contract would limit the term of office to a specified length. It would be easily understood, and must include language making it possible to terminate the employee for poor performance at any time during the contract period. The employee would have no property right in position. The appointing authority could either be 1) the Mayor with Council confirmation, 2) the Police Commission, or 3) the Police Commission with Council confirmation. EXECUTIVE SERVICE Relatively straightforward. Employee serves at the pleasure of the appointing authority. The employee would have no property right in position. APPOINTING AUTHORITY The appointing authority could either be 1) the Mayor with Council confirmation, 2) the Police Commission, or 3) the Police Commission with Council confirmation. SELECTION SYSTEM CIVIL SER VI CE Employment would be subject to Civil Service provisions of the Charter with respect to selection and discipline. Provides a relatively rigid personnel system. Provides incumbent with property right in position. Disciplinary system could be modified by Charter amendment to conform to system for other departments. The appointing authority could either be 1) the Mayor with Council confirmation, 2) the Police Commission, or 3) the Police Commission with Council confirmation. ESTABLISHING MINIMUM REQUIREMENTS The Appointing Authority would establish minimum requirements with assistance from the Personnel Department Input would be sought from other individuals and organizations. The Personnel Department working closely with the Appointing Authority would establish minimum requirements. Input would be obtained from other individuals and organizations. 1 The Civil Service Commission would establish minimum requirements for the examination, determine whether it would be "Open", "Promotional Only", or both, and would establish the examination content Input would be obtained from individuals or organizations with significant interaction with the Police Department A Tf ACHMENT A • II CONTRACT The Appointing Authority would engage the services of the Personnel Department which would conduct an executive search. with the assistance of other individuals and bodies as necessary. The initial screening of candidates by application review would be done by the Personnel Department, with the assistance of other individuals and bodies as necessary. • EXECUTIVE SERVICE RECRUITMENT The Appointing Authority would engage the services of the Personnel Department which would conduct an executive search. with the assistance of other individuals and bodies as necessary. APPLICATION REVIEW The initial screening of candidates by application review would be done by the Personnel Department, with the assistance of other individuals and bodies as necessary. CIVIL SERVICE II The Personnel Department would conduct an executive search. Individuals and organizations with significant interaction with the Police Department would be asked for input and comment Under the direction of the Civil Service Commission, the Personnel Department would review and screen the applications, with the assistance or other individuals and bodies as necessary. PRELIMINARY SELECTION INTERVIEW The list of all applicants selected in the Application Review process would be referred to a five person panel appointed by the Mayor (2), Council (2), and the General Manager of the Personnel Department The panel would submit no fewer than three, nor more than 6 names to the Appointing Authority for final consideration. The list of all applicants selected in the Application Review process would be referred to a five person panel appointed by the Mayor (2), Council (2), and the General Manager of the Personnel Department The panel would submit no fewer than three, nor more than 6 names to the Appointing Authority for final considera lion. 2 All applicants selected in the Application Review process would compete in an examination conducted by the Personnel Department Names would be placed on a register of eligibles in accordance with scores earned in the examination. A Tf ACHMENT A • II CONTRACT The Appointing Authority would conduct a final selection interview and make an offer of employment Appointment may be subject to confirmation by the Council. The Appointing Authority (i.e. Mayor or Police Commission) could initiate discipline. In addition, the Council, by majority vote, could request the Appointing Authority to impose discipline. If the appointing authority refused the request, the Council by a two thirds vote of all its members could initiate discipline. In addition, the Appointing Authority could allow the contract to lapse without renewal • EXECUTIVE SERVICE FINAL SELECTION INTERVIEW The Appointing Authority would conduct a final selection interview and make an offer of employment Appointment may be subject to confirmation by the Council. DISCIPLINE INITIATION OF DISCIPLINE The Appointing Authority (i.e. Mayor or Police Commission) could initiate discipline. In addition, the Council, by majority vote, could request the Appointing Authority to impose discipline. If the appointing authority refused the request, the Council by a two thirds vote of all its members could initiate discipline. 3 CIVIL SERVICE II The Personnel Department would send names to the Appointing Authority in accordance with the "Rule of 3 Whole Scores", (i.e. a minimum of six names would be certified). The Appointing Authority would interview these individuals and make an offer of employment Appointment may be subject to confirmation by the Council. The Appointing Authority (i.e. Mayor or Police Commission) could initiate discipline. Discipline could only be initiated for cause. ATTACHMENT A -- --- -- -- ------- - ---------------------- • • II CONTRACT EXECUTIVE SERVICE CIVIL SERVICE II REVIEW & CONFIRMATION OF DISCIPLINE No review nor avenue of appeal would be required, however, - it could be provided if desired. Such review could be delegated to the Mayor, Council, or the Police Commission. (Note: The Appointing Authority should be empowered to suspend the employee without pay pending the conclusion of the review.) The Council should be required to confirm disciplinary action - by majority vote if the Appointing Authority initiated discipline, or by two thirds vote if the Council initiated it Review should be delegated to the Council, or the Police Commission. (Note: The Appointing Authority should be empowered to suspend the employee without pay pending the conclusion of the review.) The Council should be required to confirm disciplinary action - by majority vote if the Appointing Authority initiated discipline, or by two thirds vote if the Council initiated it 4 Discipline could be appealed to the Civil Service Commission who would conduct an investigation and hearing, and submit a report of findings, without recommendation, to the City Council If the disciplinary action were sustained by the Council, the discipline would be imposed. (Note: The Appointing Authority should be empowered to suspend the employee without pay pending the conclusion of the review.) ATTACHMENT A ; • WORKSHEET • r CONTRACT EXE0JTIVE SERVICE OVILSERVICE 0 Mayor/Council 0 Mayor/Council 0 Mayor/Council 0 Police Commission 0 Police Commission 0 Po lice Commission 0 Police Commission/Council 0 Police Commission/Council 0 Po lice Commission/Council MINIMUM REQUIREMENTS 0 Civil Service Commission 0 Civil Service Commission 0 Civil Service Commission 0 Police Commission 0 Police Commission 0 Mayor/Council 0 Mayor/Council RECRUITMENT 0 Personnel Department 0 Personnel Department 0 Pe rsonnel Department 0 Executive Search Firm 0 Executive Search Firm 0 Ex ecutivc Search Fu,n 0 Public Search Committee 0 Public Search Committee 0 Pu lie Search Committee APPLICATION REVIEW 0 Personnel Department 0 Personnel Department 0 Pe rsonnel Department 0 Mayor 0 Mayor 0 M ayor 0 Council 0 Council 0 Co uncil 0 Police Commission 0 Police Commission 0 Po lice Commission 0 Public Search Committee 0 Public Search Committee 0 Pu blic Search Committee PRELIMINARY SELECTION INTERVIEWS 0 Personnel Department 0 Personnel Department 0 Pe rsonnel Department 0 Police Commission 0 Police Commission 0 Po lice Commission . - 0 Mayor 0 Mayor 0 M ayor 0 Special Panel 0 Special Panel 0 s pecial Panel 0 Public Search Committee 0 Public Search Committee 0 Pu blic Search Committee FINAL SELECTION INTERVIEW 0 Mayor • Mayor • Mayor 0 Police Commiaai.tw. 0 Police Commission 0 Police Commission INITIATION OF DISCIPLINE • Mayor • Mayor • Mayor • Police Commission • Police Commission • Police Commission 0 Council • Council • Council CONFIRMATION OF DISCIPLINE 0 Mayor and/or Council 0 Mayor and/or Council 0 Mayor and/or Council 0 Police Commission • Police Commission • Police Commission ATTACHMENT A • • COMMENTS ON MOTION AND PROPOSED CHARTER AMENDMENT Five Year Term of Office From time to time we have revisited the concept of entering into contracts with the City's general managers. Although the idea has substantial appeal, we have never fully embraced the concept because the same advantages can obtain with fewer administrative difficulties through the expedient of creating an Executive Service or exempting general manager positions from the Civil Service provisions of the Charter. We believe that either of the proposals for automatically reviewing the performance of the Chief of Police every five years should be carefully reviewed. One concern is the difficulty that might ensue should it become necessary to discipline or discharge a Chief in the first year or two of the contract period. For example, if the Chief were dismissed and there were still four years remaining in the contract period the City might have to "buy out" the remainder of the contract. .. a sum that could be as high as half a million dollars. In summary, we believe that specifying a term of office tends to limit the options of the appointing authority, whether it be the Mayor or the Police Commission. We have attached a sample contract prepared by the International City Management Association that you may wish to review as a model for such a contract. Public Hearings Holding public hearing with applicants prior to a job offer is unique in both the public and private sector. The City currently holds public hearings for its Commissioners and some of its general managers. However, these hearings are held after an appointment has been offered. We believe that requiring an applicant to submit to such public scrutiny prior to a job offer may serve as a serious disincentive for some individuals to apply. Over the last several years we have conducted executive searches for many general manager positions. In these searches we have encountered significant reluctance to apply on the part of many of the better qualified individuals due to the openness of our current process. This process provides for the disclosure of all candidates, and their scores upon the completion of the examination. Although these potential candidates were willing to undergo competitive scrutiny, they feared that the disclosure of 1) the fact they had applied, and 2) their final standing on our list of eligibles might damage their prestige and/or tenure in their current position. 1 ATTACHMENT B • • We believe that adopting a system that would provide an even greater public exposure may further erode the City's ability to attract well qualified applicants. Recruitment C.ampaign Every Fifth Year The amendment regarding the Public Search Committee seems to imply that a search for a Chief of Police would be conducted every five years, regardless of how well the incumbent may have performed. We understand that this may be a powerful incentive for the incumbent to perform at an acceptable level. However, we believe that it may also prove counter-productive in terms of recruitment Advisory Nature of Committee Recommendations We believe the issue of the advisory nature of the recommendations to be made by the Public Search Committee should be studied. Clearly, the resources to be expended by this Committee and the nominating sub-committee will be extraordinary. We believe it might be more effective if the Search Committee were to provide a list of perhaps three to as many as ten names from which the Police commission or other appointing power would be required to make a selection. If none of those nominated were acceptable, the Public Search committee might be required to either provide additional names, or conduct a further search. Size of Search Committee We recognize the desire to create a Public Search Committee representing a broad spectrum of the community. However, in our experience the larger such a group becomes, the more difficult it is to reach consensus. In this case, it appears the Committee could have as many as 35 to 40 members. We believe this may become administratively unwieldy, and it might be prudent to at least discuss the possibility of a smaller group. Selection Process in the Charter The amendment creating the Public Search Committee would set in place a detailed process for selecting the Chief of Police. We have attempted to identify some areas of that process that might deserve further study. Oearly, the concept is unique and without precedent It is administratively complex, it would limit the flexibility of the Mayor and Council, and there is no assurance that it could be made to work without modification. Accordingly, You may wish to consider placing enabling legislation in the Charter, leaving the details to be established by the City Council or the Civil Service Commission. 2 ATTACHMENT B • • Sample Employment Agreement THIS AGREEMENT, made and entered into this day of -------------~'19 , by and between the [City, County] of ---~~---=-------,--' State of_:_-----~---=--=---' a municipal corporation, hereinafter called "Employer," as party of the first part, and (name], hereinafter called "Employee," as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of said -::,-o:-~-~~---~---,---=--------(name] as of the (City, County] of-----.---------' as provided by -~------~-----.-----(here recite appropriate charter, statute or ordinance sections]; and WHEREAS, it is the desire of the Governing Board, hereinafter called "Council," to provide certain benefits, establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, it is the desire of the Council to (1) secure and retain the services of Employee and to provide inducement for him to remain in such employment, (2) to make possible full work productivity by assuring Employee ' s morale and peace of mind with respect to future security, (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee, and (4) to provide a just means for terminating Employee's services at such time as he may be unable fully _to discharge his duties due to age or disability or when Employer may otherwise desire to terminate his employ; and WHEREAS, Employee desires to accept employment as ____________________ of said [City, County]; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties Employer hereby agrees to employ said --......... ------------....--(name] as ----....------------ of said Employer ~o perform the function and duties specified in said ~-------:-~-=-------.---,----~---------[legal reference] of the [City, COuntyJ Charter and by said [legal reference] of said [City, County] Code, and to perform other legally permissible and proper duties and functions as the Council shall from time to time assign. Section 2. Term A. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 4, paragraphs A and B, of this agreement. a. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 4, paragraph C, ~ ,n ~- III-77 C ICMA 1990. ,_..y nae be ~ in lf'f'f tonn Wlhout pe,fflllSl>n ol copynghl <:l'IIMf. • - -- ----------------------------------- --------------- • • of this agreement. C. Employee agrees to remain in the exclusive employ of Employer until _____________ , 19 , and neither to accept other employment nor to become employed by any other employer until said termination date, unless said termination date is affected as hereinafter provided. The term "employed" shall not be construed to include occasional teaching, writing, consulting or military reserve service performed on employee's time off. D. In the event written notice is not given by either party to this agreement to the other __,, ________ _,.. ______ [minimum of 90 days is recommended] prior to the termination date as hereinabove provided, this agreement shall be extended on the same terms and conditions as herein provided, all for an additional period of two years. Said agreement shall continue thereafter for two-year periods unless either party hereto gives days [minimum of 90 days is recommended] written notice to the other party that the party does not wish to extend this agreement for an additional two year term. Section 3. Suspension Employer may suspend the Employee with full pay and benefits at any time during the term of this agreement, but only if (1) a majority of Council and Employee agree, or (2) after a public hearing, a majority of Council votes to suspend Employee for just cause provided, however, that Employee shall have been given written notice setting forth any charges at least ten days prior to such hearing by the Council members bringing such charges. Section 4. Termination and Severance Pay A. In the event Employee is terminated by the Council before expiration of the aforesaid term of employment and during such time that Employee is willing and able to perform his duties under this agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to · months' [minimum of six months is recommended] aggregate salary; provided, however, that in the event Employee is terminated because of his conviction of any illegal -act involving _ personal gain to him, then, in that event, Employer shall have no obligation to pay the aggregate severance sum designated in this paragraph. B. In the event Employer at any time during the term of this agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all employees of Employer; or in the event Employer refuses, following written notice, to comply with any other provision benefiting Employee herein, or the Employee resigns following a suggestion, whether formal or informal, by the Council that he resign, then, in that event, Employee, may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. c. In the event Employee voluntarily resigns his position with Employer before expiration of the aforesaid term of his employment, then Employee shall give Employer . months (two or three months is average] notice in advance, unless the parties otherwise agree. Section 5. Disability If Employee is permanently disabled or is otherwise unable to perform his III-78 CICMA 1990. May not t>t reproouced in 1/f'f loml Wlhout pefflllSSIOn ol C09Yf911 owner. • • duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued sick leave, or for twenty working days over a thirty working day period, Employer shall have the option to terminate this agreement, subject to the severance pay requirements of Section 4, paragraph A. However, Employee shall be compensated for any accrued sick leave, vacation, holidays, compensatory time and other accrued benefits. Section 6. Salary Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of S ____ - __ , payable in installments at the same - time as other employees of the Employer are paid. In addition, Employer agrees to increase said base salary and/or other benefits of Employee in such amounts and to such extent as the Council may determine that is desirable to do so on the basis of an annual salary review of said Employee made at the same time as similar consideration is given other employees generally. Section 7. Performance Evaluation A. The Council shall review and evaluate the performance of the Employee at least once annually in advance of the adoption of the annual operating budget. Said review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee. Said criteria may be added to or deleted from as the Council may from time to time determine, in consultation with the Employee. Further, the _______________ (chief elected officer] shall provide the Employee with a summary written statement of the findings of the council and provide an adequate opportunity for the Employee to discuss his evaluation with the Council. B. Annually, the Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the (City, Council] and in the attainment of the Council's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. · C. In effecting the provisions of this Section, the Council and Employee mutually agree to abide by the provisions of applicable law. Section 8. Hours of Work It is recognized that Employee must devote a great deal of time outside the normal office hours to business of the Employer, and to that end Employee will be allowed to take compensatory time off as he shall deem appropriate during said normal office hours. Section 9. Outside Activities Employee shall not spend more than 10 hours per week in teaching, counseling or other non-Employer connected business without the prior approval of the Council. Section 10. Moving Expenses Employee shall be reimbursed, or Employer may pay directly, for the expenses of packing and moving himself, his family, and his personal property from------------------..----- to (City, County] with said payment or reimbursement not to exceed the sum of$ _____ , which shall III-79 eICMA 1990. May noc t>e r8Qroauc:ed in arry lonn wthoul pennas10n of~ owner. 111111 • • include unpacking, any storage costs necessary and insurance charges. Section 11. Home Sale and Purchase Expenses A. Employee shall be reimbursed for the direct costs associated with the sale of his existing personal residence, said reimbursement being limited to real estate agents' fees, and other closing costs that are directly associated with the sale of the house. Said reimbursement shall not exceed the sum of $---=--~-a. Employee shall also be reimbursed for the costs incidental to buying a house within the (City, County], including legal services, title insurance and other costs directly associated with the purchase of the house, said reimbursement not the exceed the sum of$ _______ _ Section 12. Automobile Employee's duties require that he shall have the exclusive and unrestricted use at all times during his employment with Employer of an automobile provided to him by the Employer. Employer shall be responsible for paying for liability, property damage and comprehensive insurance and for the purchase, operation, maintenance, repair and regular replacement of said automobile. Section 13. Vacation, Sick and Military Leave A. As an inducement to Employee for him to become (job title], at signature hereof, Employee shall be credited with _____ days (number of days granted other employees in one year is recommended] of vacation leave and ____ days (number of days granted other employees in one year is recommended) of sick leave. Thereafter, Employee shall accrue, and have credited to his personal account, vacation and sick leave at the same rate as other general employees of employer. a. Employee shall be entitled to military reserve leave time pursuant to state law and [City, County] policy. Section 14. Disability, Health and Life Insurance A. Employer agrees to put into force and to make required premium payments for Employee for insurance policies for life, accident, sickness, disability income benefits, major medical and dependent's coverage group insurance covering Employee and his dependents, which policies are under the auspices of the International City Management Association. a. Employer agrees to purchase and to pay the required premiums on whole life insurance policies equal in amount to=--- times the annual gross salary of Employee, with the beneficiary named by Employee to receive one-half of any benefits paid, Employer the other one-half. C. Employer agrees to provide hospitalization, surgical. and comprehensive medical insurance for Employee and his dependents and to pay the premiums thereon equal to that which is provided all other employees of Employer or, in the event no such plan exists, to provide same for Employee. o. Employer shall provide travel insurance for Employee while he is traveling on Employer's business, with Employee to name beneficiary thereof. E. Employee agrees to submit once per calendar year to a complete physical examination by a qualified physician selected by the Employer, the cost of which shall be paid by the Employer. Employer shall receive a copy of all medical reports related to said examination. III-80 C ICMA 1990. M&y noc be ~duced in arr, fo,m wchout pemllllll)n of C0PY'9'f owner. • • Section 15. Retirement Employer agrees to execute all necessary agreements provided by the International City Management Association-Retirement Corporation (ICMA-RC) for Employer's [continued] participation in said ICMA-RC retirement plan and, in addition to the base salary paid by the Employer to Employee, Employer agrees to pay an amount equal to ___ percent of Employee's base salary into the ICMA-RC on Employee's behalf, in equal proportionate amounts each pay period, and to ~ransfer ownership to succeeding employers upon Employee's resignation or discharge. Section 16. Dues and Subscriptions Employer agrees to budget and to pay for the professional dues and · subscriptions of Employee necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of the Employer. Section 17. Professional Development A. Employer hereby agrees to budget for and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for Employer, including but not limited to the Annual Conference of the International City Management Association, the state league of municipalities and such other national, regional, state and local governmental groups and committees thereof which Employee serves as a member. B. Employer also agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his professional development and for the good of the Employer. Section 18. General Expenses Employer recognizes that certain expenses of a nonpersonal and generally job-affiliated nature are incurred by ~mployee, and hereby agrees to reimburse or to pay said general expenses, up to an amount not to exceed$---~-- per month, and the Finance Director is hereby authorized to disburse such ~onies upon receipt ·of duly executed expense or petty cash vouchers, re~eipts, statements or personal affidavits. Section 19. Civic Club Membership Employer recognizes the desirability of representation in and before local civic and other organizations; and Employee is authorized to become a member of such civic clubs or organizations, for which Employer shall pay all expenses. Employee shall report to the Employer on each membership that he has taken out at Employer•s expense. Section 20. Indemnification Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee 1 s duties as [job title]. Employer will compromise and settle any such claim or suit and pay the amount of any III-81 CICMA 1990. May noc bl 1'9C)t0duced in ll't'f loml wchout ptnniucn ol ~ °"'9(. • • settlement or judgment rendered thereon. Section 21. Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 22. Other Teras and Conditions of Employment A. The Council, in consultation with the manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions a re not inconsistent with or in conflict with the provisions of this agreement, the [City, County] charter or any other law. B. All provisions of the (City, County] Charter and Code, and regulations and rules af the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. C. Employee shall be entitled to receive the same vacation and sick leave benefits as are accorded department heads, including provisions governing accrual and payment therefor on termination of employment. Section 23. No Reduction of Benefits Employer shall not at any time during the term of this agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all employees of the Employer. Section 24. Notices Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: (l) EMPLOYER: (Title and address of relevant official (mayor clerk, etc.)] (2) EMPLOYEE: (Name and address of Employee] Alternatively, notices required pursuant to this agreement may be personally served in the same manner as is applicable to 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. Section 25. General Provisions A. The text herein shall constitute the entire agreement between the parties. B. heirs at This agreement shall law and executors of c. This agreement shall be binding upon and inure to the benefit of the Employee. become effective commencing ---~-=""'.----' 19 __ • D. If any provision, or any portion thereof, contained in this 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. III-82 CICMA 1990. May noc be r8C)t0duced in ll'f'f loml Wllhoul ptfflllSSl0n of copyright owne,. -~~ .. ;i~~t, )?•~~·. ··:·· d:~·:" ...... ~·-~ -~- · . ·· .-.. ~· · · .- . .,.;..r, ~~ • ·~ . · , _ .. _. . · . . . ~:.-.,•··t ·.~·, ':-~_;. · _-. ":• ~ . .. . ____ • ________ ______. • .._ ____ IN WITNESS THEREOF, the [City, County] of ,--_,.....,....,,....., __,, __ ,......,.._..,,. has caused this agreement to be signed and executed in its behalf by its (chief elected officer], and duly attested by its [City, County] Clerk, and the Employee has signed and executed this agreement, both in duplicate, the day and year first above written. ATTEST: (City, County] Clerk (Seal) APPROVED AS TO FORM: [City, County] Attorney [Chief Elected Officer) of State of Employee III-83 CICMA 1990. May not bt reproduced r, any torm Wll'IDIJI pe,masion ol C09)'righ1 owrwr.
Object Description
Title | Alternatives for selection & discipline of chief of police, 1990 May - 1991 April |
Description | Alternatives for selection & discipline of chief of police, from the Personnel Department of the Public Safety Committee, 1990 May 1 - 1991 April 19. PART OF A SERIES: Materials in the series fall into one of several categories related to the Independent Commission's work product: (1) Commission meeting materials, which include meeting agendas, work plans, memoranda, and articles about police misconduct that were circulated and reviewed during the Commission's internal meetings; (2) public correspondence, which includes citizen complaints against the LAPD in the form of written testimony, articles, and an audio cassette tape, as well as letters drafted by citizens in support of the LAPD; (3) summaries of interviews held with LAPD officers regarding Departmental procedures and relations; (4) public meeting materials, which include transcripts, supplementary documents, and witness statements that were reviewed at the Commission's public meetings; (5) press releases related to the formation and work product of the Commission; and (6) miscellaneous materials reviewed by the Commission during its study, including LAPD personnel and training manuals, a memorandum of understanding, and messages from the LAPD's Mobile Digital Terminal (MDT) system. |
Coverage date | 1990-05-01/1991-04-19 |
Publisher (of the digital version) | University of Southern California |
Date created | 1990-05-01/1991-04-19 |
Type | texts |
Format | 33 p. |
Format (aat) |
correspondence memorandums proposals surveys (documents) |
Format (imt) | application/pdf |
Language | English |
Contributing entity | University of Southern California |
Part of collection | Independent Commission on the Los Angeles Police Department, 1991 |
Series | Independent Commission File List |
File | Training Procedures |
Box and folder | box 25, folder 36 |
Provenance | The collection was given to the University of Southern California on July 31, 1991. |
Rights | This work is licensed under a Creative Commons Attribution 4.0 International License. https://creativecommons.org/licenses/by/4.0/ All requests for permission to publish or quote from manuscripts must be submitted in writing to the Manuscripts Librarian. Permission for publication is given on behalf of Special Collections as the owner of the physical items and is not intended to include or imply permission of the copyright holder, which must also be obtained. |
Physical access | Contact: Special Collections, Doheny Memorial Library, Libraries, University of Southern California, Los Angeles, CA 90089-0189; specol@dots.usc.edu |
Repository name | USC Libraries Special Collections |
Repository address | Doheny Memorial Library, Los Angeles, CA 90089-0189 |
Repository email | specol@dots.usc.edu |
Filename | indep-box25-36 |
Description
Title | Memo, alternatives for selection & discipline of chief of police, 1991-04-19 |
Description | Chief selection ballot measures - re: alternatives for selection and discipline of chief of police - draft |
Coverage date | 1991-04-19 |
Date created | 1991-04-19 |
Type | texts |
Format | 15 p. |
Format (aat) | memorandums |
Format (imt) | application/pdf |
Contributing entity | University of Southern California |
Series | Independent Commission File List |
File | Training Procedures |
Box and folder | box 25, folder 36, item 1 |
Physical access | Contact: Special Collections, Doheny Memorial Library, Libraries, University of Southern California, Los Angeles, CA 90089-0189; specol@dots.usc.edu |
Full text | TO : REFERENCE SUBJECT : REPORT FROM • Public Safety Committee • THE PERSONNEL DEPARTMENT . , ' • t . L D A T E 4/19/91 CO U NC I L F I LE ALTERNATIVES FOR SELECTION AND DISCIPLINE OF CHIEF OF POLICE At the March 26, 1991 meeting of the Public Safety Committee we were asked to list and comment on alternative methods for the selection and discipline of the Chief of Police. In addition, we were asked to review and comment on a motion (Alatorre-Farrell) of March 13, 1991, regarding various alternatives for the appointment and removal of the Chief of Police, and a proposed charter amendment creating a Public Search Committee. To facilitate your review we have attached two appendices to this report. The first (Attachment A) outlines various alternatives for the selection and discipline of the Chief of Police, and the second (Attachment B) summarizes our comments on the March 13th motion and the Public Search Committee. Attachment A contains a Worksheet and a Discussion Outline summarizing what we believe to be the more significant points of the employment system for the Chief of Police. We are suggesting you consid~r three employment categories (Contract, Exemption, and Civil Service), and two alternative Appointing Authoritie·s; 1) Mayor with Council confirmation, and 2) the Police Commission. Generally, contracting for service or exempting the position should provide greater accountability and responsiveness, as well as establishing a more flexible system with greater administrative efficiency. The Personnel Department has supported several attempts to create an Executive Service for all General Managers, including the Chief of Police. In general, we are supportive of · measures that make General Managers more accountable to the Mayor and Council. FOAM PDES 7 Accordingly, we support the general goal of the March 13th motion and we appreciate the opportunity to review it and the concept of a Public Search Committee from a personnel management perspective. Appendix B includes our comments on these proposals. GENERAL MANAGER . ,.ERSONNEL. DEP'ARTMENT • • EMPLOYMENT SYSTEM ALTERNATIVES DISCUSSION OUTLINE II CONTRACT EXECUTIVE SERVICE CIVIL SERVICE II TYPE OF EMPLOYMENT and APPOINTING AUTHORITY CONTRACT A contract would limit the term of office to a specified length. It would be easily understood, and must include language making it possible to terminate the employee for poor performance at any time during the contract period. The employee would have no property right in position. The appointing authority could either be 1) the Mayor with Council confirmation, 2) the Police Commission, or 3) the Police Commission with Council confirmation. EXECUTIVE SERVICE Relatively straightforward. Employee serves at the pleasure of the appointing authority. The employee would have no property right in position. APPOINTING AUTHORITY The appointing authority could either be 1) the Mayor with Council confirmation, 2) the Police Commission, or 3) the Police Commission with Council confirmation. SELECTION SYSTEM CIVIL SER VI CE Employment would be subject to Civil Service provisions of the Charter with respect to selection and discipline. Provides a relatively rigid personnel system. Provides incumbent with property right in position. Disciplinary system could be modified by Charter amendment to conform to system for other departments. The appointing authority could either be 1) the Mayor with Council confirmation, 2) the Police Commission, or 3) the Police Commission with Council confirmation. ESTABLISHING MINIMUM REQUIREMENTS The Appointing Authority would establish minimum requirements with assistance from the Personnel Department Input would be sought from other individuals and organizations. The Personnel Department working closely with the Appointing Authority would establish minimum requirements. Input would be obtained from other individuals and organizations. 1 The Civil Service Commission would establish minimum requirements for the examination, determine whether it would be "Open", "Promotional Only", or both, and would establish the examination content Input would be obtained from individuals or organizations with significant interaction with the Police Department A Tf ACHMENT A • II CONTRACT The Appointing Authority would engage the services of the Personnel Department which would conduct an executive search. with the assistance of other individuals and bodies as necessary. The initial screening of candidates by application review would be done by the Personnel Department, with the assistance of other individuals and bodies as necessary. • EXECUTIVE SERVICE RECRUITMENT The Appointing Authority would engage the services of the Personnel Department which would conduct an executive search. with the assistance of other individuals and bodies as necessary. APPLICATION REVIEW The initial screening of candidates by application review would be done by the Personnel Department, with the assistance of other individuals and bodies as necessary. CIVIL SERVICE II The Personnel Department would conduct an executive search. Individuals and organizations with significant interaction with the Police Department would be asked for input and comment Under the direction of the Civil Service Commission, the Personnel Department would review and screen the applications, with the assistance or other individuals and bodies as necessary. PRELIMINARY SELECTION INTERVIEW The list of all applicants selected in the Application Review process would be referred to a five person panel appointed by the Mayor (2), Council (2), and the General Manager of the Personnel Department The panel would submit no fewer than three, nor more than 6 names to the Appointing Authority for final consideration. The list of all applicants selected in the Application Review process would be referred to a five person panel appointed by the Mayor (2), Council (2), and the General Manager of the Personnel Department The panel would submit no fewer than three, nor more than 6 names to the Appointing Authority for final considera lion. 2 All applicants selected in the Application Review process would compete in an examination conducted by the Personnel Department Names would be placed on a register of eligibles in accordance with scores earned in the examination. A Tf ACHMENT A • II CONTRACT The Appointing Authority would conduct a final selection interview and make an offer of employment Appointment may be subject to confirmation by the Council. The Appointing Authority (i.e. Mayor or Police Commission) could initiate discipline. In addition, the Council, by majority vote, could request the Appointing Authority to impose discipline. If the appointing authority refused the request, the Council by a two thirds vote of all its members could initiate discipline. In addition, the Appointing Authority could allow the contract to lapse without renewal • EXECUTIVE SERVICE FINAL SELECTION INTERVIEW The Appointing Authority would conduct a final selection interview and make an offer of employment Appointment may be subject to confirmation by the Council. DISCIPLINE INITIATION OF DISCIPLINE The Appointing Authority (i.e. Mayor or Police Commission) could initiate discipline. In addition, the Council, by majority vote, could request the Appointing Authority to impose discipline. If the appointing authority refused the request, the Council by a two thirds vote of all its members could initiate discipline. 3 CIVIL SERVICE II The Personnel Department would send names to the Appointing Authority in accordance with the "Rule of 3 Whole Scores", (i.e. a minimum of six names would be certified). The Appointing Authority would interview these individuals and make an offer of employment Appointment may be subject to confirmation by the Council. The Appointing Authority (i.e. Mayor or Police Commission) could initiate discipline. Discipline could only be initiated for cause. ATTACHMENT A -- --- -- -- ------- - ---------------------- • • II CONTRACT EXECUTIVE SERVICE CIVIL SERVICE II REVIEW & CONFIRMATION OF DISCIPLINE No review nor avenue of appeal would be required, however, - it could be provided if desired. Such review could be delegated to the Mayor, Council, or the Police Commission. (Note: The Appointing Authority should be empowered to suspend the employee without pay pending the conclusion of the review.) The Council should be required to confirm disciplinary action - by majority vote if the Appointing Authority initiated discipline, or by two thirds vote if the Council initiated it Review should be delegated to the Council, or the Police Commission. (Note: The Appointing Authority should be empowered to suspend the employee without pay pending the conclusion of the review.) The Council should be required to confirm disciplinary action - by majority vote if the Appointing Authority initiated discipline, or by two thirds vote if the Council initiated it 4 Discipline could be appealed to the Civil Service Commission who would conduct an investigation and hearing, and submit a report of findings, without recommendation, to the City Council If the disciplinary action were sustained by the Council, the discipline would be imposed. (Note: The Appointing Authority should be empowered to suspend the employee without pay pending the conclusion of the review.) ATTACHMENT A ; • WORKSHEET • r CONTRACT EXE0JTIVE SERVICE OVILSERVICE 0 Mayor/Council 0 Mayor/Council 0 Mayor/Council 0 Police Commission 0 Police Commission 0 Po lice Commission 0 Police Commission/Council 0 Police Commission/Council 0 Po lice Commission/Council MINIMUM REQUIREMENTS 0 Civil Service Commission 0 Civil Service Commission 0 Civil Service Commission 0 Police Commission 0 Police Commission 0 Mayor/Council 0 Mayor/Council RECRUITMENT 0 Personnel Department 0 Personnel Department 0 Pe rsonnel Department 0 Executive Search Firm 0 Executive Search Firm 0 Ex ecutivc Search Fu,n 0 Public Search Committee 0 Public Search Committee 0 Pu lie Search Committee APPLICATION REVIEW 0 Personnel Department 0 Personnel Department 0 Pe rsonnel Department 0 Mayor 0 Mayor 0 M ayor 0 Council 0 Council 0 Co uncil 0 Police Commission 0 Police Commission 0 Po lice Commission 0 Public Search Committee 0 Public Search Committee 0 Pu blic Search Committee PRELIMINARY SELECTION INTERVIEWS 0 Personnel Department 0 Personnel Department 0 Pe rsonnel Department 0 Police Commission 0 Police Commission 0 Po lice Commission . - 0 Mayor 0 Mayor 0 M ayor 0 Special Panel 0 Special Panel 0 s pecial Panel 0 Public Search Committee 0 Public Search Committee 0 Pu blic Search Committee FINAL SELECTION INTERVIEW 0 Mayor • Mayor • Mayor 0 Police Commiaai.tw. 0 Police Commission 0 Police Commission INITIATION OF DISCIPLINE • Mayor • Mayor • Mayor • Police Commission • Police Commission • Police Commission 0 Council • Council • Council CONFIRMATION OF DISCIPLINE 0 Mayor and/or Council 0 Mayor and/or Council 0 Mayor and/or Council 0 Police Commission • Police Commission • Police Commission ATTACHMENT A • • COMMENTS ON MOTION AND PROPOSED CHARTER AMENDMENT Five Year Term of Office From time to time we have revisited the concept of entering into contracts with the City's general managers. Although the idea has substantial appeal, we have never fully embraced the concept because the same advantages can obtain with fewer administrative difficulties through the expedient of creating an Executive Service or exempting general manager positions from the Civil Service provisions of the Charter. We believe that either of the proposals for automatically reviewing the performance of the Chief of Police every five years should be carefully reviewed. One concern is the difficulty that might ensue should it become necessary to discipline or discharge a Chief in the first year or two of the contract period. For example, if the Chief were dismissed and there were still four years remaining in the contract period the City might have to "buy out" the remainder of the contract. .. a sum that could be as high as half a million dollars. In summary, we believe that specifying a term of office tends to limit the options of the appointing authority, whether it be the Mayor or the Police Commission. We have attached a sample contract prepared by the International City Management Association that you may wish to review as a model for such a contract. Public Hearings Holding public hearing with applicants prior to a job offer is unique in both the public and private sector. The City currently holds public hearings for its Commissioners and some of its general managers. However, these hearings are held after an appointment has been offered. We believe that requiring an applicant to submit to such public scrutiny prior to a job offer may serve as a serious disincentive for some individuals to apply. Over the last several years we have conducted executive searches for many general manager positions. In these searches we have encountered significant reluctance to apply on the part of many of the better qualified individuals due to the openness of our current process. This process provides for the disclosure of all candidates, and their scores upon the completion of the examination. Although these potential candidates were willing to undergo competitive scrutiny, they feared that the disclosure of 1) the fact they had applied, and 2) their final standing on our list of eligibles might damage their prestige and/or tenure in their current position. 1 ATTACHMENT B • • We believe that adopting a system that would provide an even greater public exposure may further erode the City's ability to attract well qualified applicants. Recruitment C.ampaign Every Fifth Year The amendment regarding the Public Search Committee seems to imply that a search for a Chief of Police would be conducted every five years, regardless of how well the incumbent may have performed. We understand that this may be a powerful incentive for the incumbent to perform at an acceptable level. However, we believe that it may also prove counter-productive in terms of recruitment Advisory Nature of Committee Recommendations We believe the issue of the advisory nature of the recommendations to be made by the Public Search Committee should be studied. Clearly, the resources to be expended by this Committee and the nominating sub-committee will be extraordinary. We believe it might be more effective if the Search Committee were to provide a list of perhaps three to as many as ten names from which the Police commission or other appointing power would be required to make a selection. If none of those nominated were acceptable, the Public Search committee might be required to either provide additional names, or conduct a further search. Size of Search Committee We recognize the desire to create a Public Search Committee representing a broad spectrum of the community. However, in our experience the larger such a group becomes, the more difficult it is to reach consensus. In this case, it appears the Committee could have as many as 35 to 40 members. We believe this may become administratively unwieldy, and it might be prudent to at least discuss the possibility of a smaller group. Selection Process in the Charter The amendment creating the Public Search Committee would set in place a detailed process for selecting the Chief of Police. We have attempted to identify some areas of that process that might deserve further study. Oearly, the concept is unique and without precedent It is administratively complex, it would limit the flexibility of the Mayor and Council, and there is no assurance that it could be made to work without modification. Accordingly, You may wish to consider placing enabling legislation in the Charter, leaving the details to be established by the City Council or the Civil Service Commission. 2 ATTACHMENT B • • Sample Employment Agreement THIS AGREEMENT, made and entered into this day of -------------~'19 , by and between the [City, County] of ---~~---=-------,--' State of_:_-----~---=--=---' a municipal corporation, hereinafter called "Employer," as party of the first part, and (name], hereinafter called "Employee," as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of said -::,-o:-~-~~---~---,---=--------(name] as of the (City, County] of-----.---------' as provided by -~------~-----.-----(here recite appropriate charter, statute or ordinance sections]; and WHEREAS, it is the desire of the Governing Board, hereinafter called "Council," to provide certain benefits, establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, it is the desire of the Council to (1) secure and retain the services of Employee and to provide inducement for him to remain in such employment, (2) to make possible full work productivity by assuring Employee ' s morale and peace of mind with respect to future security, (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee, and (4) to provide a just means for terminating Employee's services at such time as he may be unable fully _to discharge his duties due to age or disability or when Employer may otherwise desire to terminate his employ; and WHEREAS, Employee desires to accept employment as ____________________ of said [City, County]; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties Employer hereby agrees to employ said --......... ------------....--(name] as ----....------------ of said Employer ~o perform the function and duties specified in said ~-------:-~-=-------.---,----~---------[legal reference] of the [City, COuntyJ Charter and by said [legal reference] of said [City, County] Code, and to perform other legally permissible and proper duties and functions as the Council shall from time to time assign. Section 2. Term A. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 4, paragraphs A and B, of this agreement. a. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 4, paragraph C, ~ ,n ~- III-77 C ICMA 1990. ,_..y nae be ~ in lf'f'f tonn Wlhout pe,fflllSl>n ol copynghl <:l'IIMf. • - -- ----------------------------------- --------------- • • of this agreement. C. Employee agrees to remain in the exclusive employ of Employer until _____________ , 19 , and neither to accept other employment nor to become employed by any other employer until said termination date, unless said termination date is affected as hereinafter provided. The term "employed" shall not be construed to include occasional teaching, writing, consulting or military reserve service performed on employee's time off. D. In the event written notice is not given by either party to this agreement to the other __,, ________ _,.. ______ [minimum of 90 days is recommended] prior to the termination date as hereinabove provided, this agreement shall be extended on the same terms and conditions as herein provided, all for an additional period of two years. Said agreement shall continue thereafter for two-year periods unless either party hereto gives days [minimum of 90 days is recommended] written notice to the other party that the party does not wish to extend this agreement for an additional two year term. Section 3. Suspension Employer may suspend the Employee with full pay and benefits at any time during the term of this agreement, but only if (1) a majority of Council and Employee agree, or (2) after a public hearing, a majority of Council votes to suspend Employee for just cause provided, however, that Employee shall have been given written notice setting forth any charges at least ten days prior to such hearing by the Council members bringing such charges. Section 4. Termination and Severance Pay A. In the event Employee is terminated by the Council before expiration of the aforesaid term of employment and during such time that Employee is willing and able to perform his duties under this agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to · months' [minimum of six months is recommended] aggregate salary; provided, however, that in the event Employee is terminated because of his conviction of any illegal -act involving _ personal gain to him, then, in that event, Employer shall have no obligation to pay the aggregate severance sum designated in this paragraph. B. In the event Employer at any time during the term of this agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all employees of Employer; or in the event Employer refuses, following written notice, to comply with any other provision benefiting Employee herein, or the Employee resigns following a suggestion, whether formal or informal, by the Council that he resign, then, in that event, Employee, may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. c. In the event Employee voluntarily resigns his position with Employer before expiration of the aforesaid term of his employment, then Employee shall give Employer . months (two or three months is average] notice in advance, unless the parties otherwise agree. Section 5. Disability If Employee is permanently disabled or is otherwise unable to perform his III-78 CICMA 1990. May not t>t reproouced in 1/f'f loml Wlhout pefflllSSIOn ol C09Yf911 owner. • • duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued sick leave, or for twenty working days over a thirty working day period, Employer shall have the option to terminate this agreement, subject to the severance pay requirements of Section 4, paragraph A. However, Employee shall be compensated for any accrued sick leave, vacation, holidays, compensatory time and other accrued benefits. Section 6. Salary Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of S ____ - __ , payable in installments at the same - time as other employees of the Employer are paid. In addition, Employer agrees to increase said base salary and/or other benefits of Employee in such amounts and to such extent as the Council may determine that is desirable to do so on the basis of an annual salary review of said Employee made at the same time as similar consideration is given other employees generally. Section 7. Performance Evaluation A. The Council shall review and evaluate the performance of the Employee at least once annually in advance of the adoption of the annual operating budget. Said review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee. Said criteria may be added to or deleted from as the Council may from time to time determine, in consultation with the Employee. Further, the _______________ (chief elected officer] shall provide the Employee with a summary written statement of the findings of the council and provide an adequate opportunity for the Employee to discuss his evaluation with the Council. B. Annually, the Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the (City, Council] and in the attainment of the Council's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. · C. In effecting the provisions of this Section, the Council and Employee mutually agree to abide by the provisions of applicable law. Section 8. Hours of Work It is recognized that Employee must devote a great deal of time outside the normal office hours to business of the Employer, and to that end Employee will be allowed to take compensatory time off as he shall deem appropriate during said normal office hours. Section 9. Outside Activities Employee shall not spend more than 10 hours per week in teaching, counseling or other non-Employer connected business without the prior approval of the Council. Section 10. Moving Expenses Employee shall be reimbursed, or Employer may pay directly, for the expenses of packing and moving himself, his family, and his personal property from------------------..----- to (City, County] with said payment or reimbursement not to exceed the sum of$ _____ , which shall III-79 eICMA 1990. May noc t>e r8Qroauc:ed in arry lonn wthoul pennas10n of~ owner. 111111 • • include unpacking, any storage costs necessary and insurance charges. Section 11. Home Sale and Purchase Expenses A. Employee shall be reimbursed for the direct costs associated with the sale of his existing personal residence, said reimbursement being limited to real estate agents' fees, and other closing costs that are directly associated with the sale of the house. Said reimbursement shall not exceed the sum of $---=--~-a. Employee shall also be reimbursed for the costs incidental to buying a house within the (City, County], including legal services, title insurance and other costs directly associated with the purchase of the house, said reimbursement not the exceed the sum of$ _______ _ Section 12. Automobile Employee's duties require that he shall have the exclusive and unrestricted use at all times during his employment with Employer of an automobile provided to him by the Employer. Employer shall be responsible for paying for liability, property damage and comprehensive insurance and for the purchase, operation, maintenance, repair and regular replacement of said automobile. Section 13. Vacation, Sick and Military Leave A. As an inducement to Employee for him to become (job title], at signature hereof, Employee shall be credited with _____ days (number of days granted other employees in one year is recommended] of vacation leave and ____ days (number of days granted other employees in one year is recommended) of sick leave. Thereafter, Employee shall accrue, and have credited to his personal account, vacation and sick leave at the same rate as other general employees of employer. a. Employee shall be entitled to military reserve leave time pursuant to state law and [City, County] policy. Section 14. Disability, Health and Life Insurance A. Employer agrees to put into force and to make required premium payments for Employee for insurance policies for life, accident, sickness, disability income benefits, major medical and dependent's coverage group insurance covering Employee and his dependents, which policies are under the auspices of the International City Management Association. a. Employer agrees to purchase and to pay the required premiums on whole life insurance policies equal in amount to=--- times the annual gross salary of Employee, with the beneficiary named by Employee to receive one-half of any benefits paid, Employer the other one-half. C. Employer agrees to provide hospitalization, surgical. and comprehensive medical insurance for Employee and his dependents and to pay the premiums thereon equal to that which is provided all other employees of Employer or, in the event no such plan exists, to provide same for Employee. o. Employer shall provide travel insurance for Employee while he is traveling on Employer's business, with Employee to name beneficiary thereof. E. Employee agrees to submit once per calendar year to a complete physical examination by a qualified physician selected by the Employer, the cost of which shall be paid by the Employer. Employer shall receive a copy of all medical reports related to said examination. III-80 C ICMA 1990. M&y noc be ~duced in arr, fo,m wchout pemllllll)n of C0PY'9'f owner. • • Section 15. Retirement Employer agrees to execute all necessary agreements provided by the International City Management Association-Retirement Corporation (ICMA-RC) for Employer's [continued] participation in said ICMA-RC retirement plan and, in addition to the base salary paid by the Employer to Employee, Employer agrees to pay an amount equal to ___ percent of Employee's base salary into the ICMA-RC on Employee's behalf, in equal proportionate amounts each pay period, and to ~ransfer ownership to succeeding employers upon Employee's resignation or discharge. Section 16. Dues and Subscriptions Employer agrees to budget and to pay for the professional dues and · subscriptions of Employee necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of the Employer. Section 17. Professional Development A. Employer hereby agrees to budget for and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for Employer, including but not limited to the Annual Conference of the International City Management Association, the state league of municipalities and such other national, regional, state and local governmental groups and committees thereof which Employee serves as a member. B. Employer also agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his professional development and for the good of the Employer. Section 18. General Expenses Employer recognizes that certain expenses of a nonpersonal and generally job-affiliated nature are incurred by ~mployee, and hereby agrees to reimburse or to pay said general expenses, up to an amount not to exceed$---~-- per month, and the Finance Director is hereby authorized to disburse such ~onies upon receipt ·of duly executed expense or petty cash vouchers, re~eipts, statements or personal affidavits. Section 19. Civic Club Membership Employer recognizes the desirability of representation in and before local civic and other organizations; and Employee is authorized to become a member of such civic clubs or organizations, for which Employer shall pay all expenses. Employee shall report to the Employer on each membership that he has taken out at Employer•s expense. Section 20. Indemnification Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee 1 s duties as [job title]. Employer will compromise and settle any such claim or suit and pay the amount of any III-81 CICMA 1990. May noc bl 1'9C)t0duced in ll't'f loml wchout ptnniucn ol ~ °"'9(. • • settlement or judgment rendered thereon. Section 21. Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 22. Other Teras and Conditions of Employment A. The Council, in consultation with the manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions a re not inconsistent with or in conflict with the provisions of this agreement, the [City, County] charter or any other law. B. All provisions of the (City, County] Charter and Code, and regulations and rules af the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. C. Employee shall be entitled to receive the same vacation and sick leave benefits as are accorded department heads, including provisions governing accrual and payment therefor on termination of employment. Section 23. No Reduction of Benefits Employer shall not at any time during the term of this agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all employees of the Employer. Section 24. Notices Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: (l) EMPLOYER: (Title and address of relevant official (mayor clerk, etc.)] (2) EMPLOYEE: (Name and address of Employee] Alternatively, notices required pursuant to this agreement may be personally served in the same manner as is applicable to 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. Section 25. General Provisions A. The text herein shall constitute the entire agreement between the parties. B. heirs at This agreement shall law and executors of c. This agreement shall be binding upon and inure to the benefit of the Employee. become effective commencing ---~-=""'.----' 19 __ • D. If any provision, or any portion thereof, contained in this 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. III-82 CICMA 1990. May noc be r8C)t0duced in ll'f'f loml Wllhoul ptfflllSSl0n of copyright owne,. -~~ .. ;i~~t, )?•~~·. ··:·· d:~·:" ...... ~·-~ -~- · . ·· .-.. ~· · · .- . .,.;..r, ~~ • ·~ . · , _ .. _. . · . . . ~:.-.,•··t ·.~·, ':-~_;. · _-. ":• ~ . .. . ____ • ________ ______. • .._ ____ IN WITNESS THEREOF, the [City, County] of ,--_,.....,....,,....., __,, __ ,......,.._..,,. has caused this agreement to be signed and executed in its behalf by its (chief elected officer], and duly attested by its [City, County] Clerk, and the Employee has signed and executed this agreement, both in duplicate, the day and year first above written. ATTEST: (City, County] Clerk (Seal) APPROVED AS TO FORM: [City, County] Attorney [Chief Elected Officer) of State of Employee III-83 CICMA 1990. May not bt reproduced r, any torm Wll'IDIJI pe,masion ol C09)'righ1 owrwr. |
Filename | indep-box25-36-01.pdf |
Archival file | Volume84/indep-box25-36-01.pdf |