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 ~-
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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
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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.
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• •
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
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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.