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HomeMy WebLinkAbout2020-06-01 - Richard Johnson - General Agreements / General Service AgreementsEmployment Contract Chief of East Wenatchee Police Department THIS AGREEMENT effective June 1, 2020, by and between the City of East Wenatchee, hereinafter referred to as "City' and Richard Johnson, hereinafter referred to as "Police Chief". WHEREAS, the Police Chief has been selected by the Mayor through a competitive process to undertake the duties of the position of Police Chief, and WHEREAS, it is the desire of the city to provide certain benefits, establish certain conditions of employment, and to set working conditions for the position of Police Chief, and, WHEREAS, the Police Chief agrees to serve in that capacity subject to the terms and conditions set forth in this Employment Contract, and in accordance with all City personnel policies and manual. NOW, THEREFORE, FOR AND IN CONSIDERATION OF the terms and conditions hereinafter set forth, the City and Police Chief agree as follows: Employment. The City hereby employs the Police Chief to serve in the position of Police Chief for the City of East Wenatchee. The duties of said position shall be to perform all duties assigned to the position of Police Chief as provided in the job description, the East Wenatchee City Code, and Washington State Law, together in such other and further duties and special projects as may be assigned to the Police Chief by the City's Mayor. The Police Chief shall report directly to the Mayor. Duration of Employment. This Employment Agreement shall become effective on June 1, 2020 and shall continue indefinitely thereafter unless sooner terminated by the parties as provided in paragraphs 3 and 4 below. 3. "At -will" —Termination by the City. The Police Chief shall at all times during his employment be considered an "At -will" employee. The Police Chief is exempt by state law and by City from the Civil Service Rules of the City. The Police Chief is an exempt, management position serving at the pleasure of the Mayor. The Mayor, without City Council approval, may terminate the Police Chief at any time with or without cause. Nothing in this agreement shall be construed other than an "At -will" employment relationship between the City and the Police Chief and the Police Chief expressly acknowledges that no contrary representations have been made by the City. 4. Resignation —Termination by the Police Chief. The Police Chief reserves the right to resign from employment at any time with or without cause. The Police Chief agrees to give the City not less than two (2) weeks' notice prior to the effective date of any such resignation. 5. Compensation: The Police Chief shall be compensated for services rendered during the term of this Agreement as follows: Base Salary. The Police Chief shall receive a monthly salary of $10,179.28 (Step 14). Salary adjustments take effect on January 11t of the year following a performance evaluation. If the Chief receives a "meets expectations" performance evaluation the City of East Wenatchee Police Chief Employment Agreement (4/2020) Page I 1 of 4 P,6. P4,r- 2 U Chief will be eligible for a step increase, and any cost -of -living and/or cost -of -market (COLA) increase as approved by the City Council. b. Salary and Wage Study. In the event that a salary and wage study is conducted, the Police Chief position shall be included, c. General Benefits. Sick leave: The Police Chief shall receive a frontloaded sick leave bank of eighty (80) hours effective the date of his employment and shall earn eight (8) hours per month of sick leave in accordance to the City's Personnel Policy. Eighty (80) hours of sick leave will be deducted at the time of separation or deducted from final wages. Vacation: The Police Chief shall receive an initial bank of forty (40) hours of vacation leave effective date of his employment and will accrue vacation leave at an accelerated rate of fourteen (14) hours per month (vacation hours will increase every five (5) years of service with the City, the increase will occur in the month following the date in which the Chief completes the required time of service). c. The Police Chief shall receive all other benefits provided by the City to its regular employees, including all paid holidays in accordance to the City's Personnel Policy. d. Specific Benefits. The Police Chief shall also be entitled to the following Police Chief specific benefits: • The Department will provide all reasonably necessary uniform needs, • A $600.00 reimbursement per year for the purchase and maintenance of non - issued uniforms and police related equipment. • The City will provide a paid cell phone for City business, • The duties of the Police Chief require unrestricted use of a vehicle at all times, as such, the City shall provide a vehicle for the Police Chief. e. Timing of Monthly Payments — Deductions. All monthly payments of salary and benefits shall be made at the same time and on the date as the City's regular payroll. All such monthly payments shall be subject to all required state and federal deductions including income tax, social security, and any other deduction required and authorized by law. The City agrees to pay all employer contributions to FICA, worker's compensation, and similar programs required by law. 6. The Police Chief's Work Schedule. The Police Chief is a confidential, exempt employee for the purposes of the Federal Fair Labor Standards Act and as such shall not work a fixed forty (40) hour per week schedule. The Police Chief shall generally work at the East Wenatchee Police Department during regular business hours of the City, Monday through Friday, or any other agreed upon schedule by the Police Chief and the Mayor. City of East Wenatchee Police Chief Employment Agreement (4/2020) Page 1 2 of 4 7. Oath of Office. The Police Chief shall take an oath of office as required by law and shall execute and filed with the City Clerk a fidelity bond in favor of the City in such sum as may be fixed by City Ordinance. The City shall pay the premium on such bond. The Police Chief is the executive and administrative officer of the East Wenatchee Police Department. 8. Police Chief to Devote Full-time to Citv Business. The Police Chief will devote his full time, attention, and energies to the business of the City and, during the employment period, will not engage in in any other business activity, regardless of whether such activity is pursued for profit, gain, or other pecuniary advantage without the written permission of the Mayor. 9. Severance Package. a. Severance for At -will Termination. In the event the Police Chief's employment with the City is terminated for any reason other than those delineated in subparagraph (b) below, the City will provide the Police Chief severance payment for a period of three (3) months after the effective date of termination. The monthly amount shall be paid in accord with the same schedule as the regular city payroll and shall be subject to the same mandatory deductions as the Police Chief's salary was prior to termination. This severance payment is expressly conditioned upon the Police Chief's execution of a written release, in a form approved by the City Attorney, of all actual and potential claims against the City, its elected or appointed officers, employees, or agents, for any claims arising out of the Police Chief's employment or the Police Chief's termination of employment with the City. Without limitation of the foregoing, this release shall specifically include claims arising under the federal Civil Rights Act, the federal Equal Pay Act, the Washington state, local and federal laws against discrimination including without limitation, RCW Title 49, the Americans with Disabilities Act and Age Discrimination in Employment Act. Reference. In the event of termination of the Police Chief's employment by the City, the Police Chief shall be entitled to an employment reference from the City, the language of which shall be agreed upon by the parties, provided, that in the event the parties cannot agree on the form of the reference, the City will provide only the dates of the Police Chief's employment, the last position held, the last salary received, the fact that the Police Chief is no longer employed by the City. Unemployment Benefits. The City will not oppose any unemployment benefit claims made by the Police Chief. b. Termination by Resignation or for Cause. The severance package provided for in subparagraph (a) above shall not be available to the Police Chief if the termination of Police Chiefs employment with the City is due to: City of East Wenatchee Police Chief Employment Agreement (4/2020) Page 1 3 of 4 Resignation. The Police Chiefs voluntary resignation from employment. For purposes of this paragraph, "voluntary resignation" means a resignation of employment resulting from the free choice of the Police Chief and not the result of a suggestion to resign in lieu of termination made by recommendation of the Mayor i. Misconduct. Criminal conduct, commission of any crime, abuse of public office, or other gross misconduct, including, but not limited to, fraud, deceit, embezzlement, theft of funds or property, assault, or sexual, racial, or other harassment; or ii. Job Performance. Insubordination, incompetence, inadequacy, or inefficiency of the Police Chief in the performance of his official duties. c. Construction. The severance package provided in subparagraph (a) above shall not be construed as an extension of the Police Chief's employment beyond the termination date. The Police Chief shall not, during the period between the termination date and the end of the severance payments, accrue any additional sick leave, vacation leave, or other benefit accorded to active City employees. 10. Professional Memberships, Dues & Subscriptions. The City agrees to pay the reasonable professional dues and subscriptions necessary for continuation, enrollment and full participation of continued education in the law enforcement profession. In addition, the City may pay for membership in such associations or organizations, and may reimburse the Police Chief for attendance at annual conferences or the same and for such professional development activities as the Mayor may approve and as may be annually budgeted by the City Council. 11. Liability Insurance. The City agrees to cover the Police Chief on the City's liability insurance policies to the same extent as any regular employee of the city is covered for acts, errors, or omissions within the scope of employment. All such liability insurance coverage shall be provided at the City's sole cost and expense. 12. Hold Harmless. The City of East Wenatchee agrees to hold harmless and indemnify the Police Chief from any and all costs, risks or liability associated with or arising out of acts or failures to act which are performed within the scope of his employment as the Police Chief including the reasonable cost of legal defense by counsel appointed by the City or its insurance carrier, as applicable. This promise to indemnify shall exclude only criminal acts of the Police Chief and acts or failure to act which would constitute an intentional tort or intentional wrongdoing knowingly committed by the Police Chief without the express direction of the Mayor. This promise to hold harmless and indemnify shall survive beyond the employment of the Police Chief with the City of East Wenatchee in order that the Police Chief shall be held harmless, indemnified and defended in the future for all acts taken as the Police Chief subject to the limitations contained herein. 13. Severability. If any paragraph, sentence, clause or phrase of this Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable, said invalidity or unenforceability shall not affect the validity or enforceability of any other paragraph City of East Wenatchee Police Chief Employment Agreement (4/2020) Page 14 of 4 sentence, clause or phrase, and to that end the terms and conditions set forth in this Agreement shall be severable. 14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 15. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties as to the terms and conditions of the Police Chief's employment by the City and no other agreements or understandings, oral or otherwise, exist or shall be deemed binding upon the parties. The Agreement may be amended only by a written instrument duly executed by both parties. Dated this G' day of April 2020. Attest: Maria Holman, City Clerk City of East Wenatchee: rrilea Crawford, Mayor A roved as to Form: Devin Poulson, City Attorney City of East Wenatchee Police Chief Employment Agreement (4/2020) Page 1 5 of 4