HomeMy WebLinkAboutCC AG PKT 2012-06-25 #D AGENDA STAFF REPORTU-
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DATE: June 25, 2012
TO: Honorable Mayor and City Council
FROM: Jill R. Ingram, City Manager '
SUBJECT: AGREEMENT FOR INTERIM CHIEF OF POLICE
SUMMARY OF REQUEST:
It is requested that the City Council adopt Resolution No. 6264 approving an
agreement with Keith L. Kilmer to perform the services of Interim Chief of Police.
BACKGROUND AND ANALYSIS:
The City retained the services of Robert M. Luman to serve as the Interim Chief
of Police from July 1, 2011 through December 31, 2011. On November 14,
2011, the City Council approved an extension of Chief Luman's agreement
through June 30, 2012. Government Code Section 21221 (h) permits the City
Council to request the CaIPERS Board of Administration to approve an extension
of the retired member's employment but no more than 12 months in the position.
Therefore, Chief Luman's interim employment agreement with the City of Seal
Beach may not extend beyond June 30, 2012.
During his tenure, Chief Luman gained the confidence and respect of the City
Council, City Manager, executive management team, Police Department, City
departments, and the community. He provided leadership and oversight of the
Police Department over the past twelve months, including support of all efforts
related to the Salon Meritage tragedy, analyzing several operational functions,
including the City-operated jail, and establishing goals and objectives for the
Department consistent with Council priorities moving forward. Chief Luman's
continued employment over the past twelve months ensured completion of these
functions to provide a smooth transition period until a permanent Chief is
selected.
Given the efforts and accomplishments of Chief Luman's service, the City is now
fully prepared to secure the services of an executive search firm to conduct a
recruitment process to select a permanent Chief of Police. In the interim, the City
Manager desires to retain the services of Keith L. Kilmer to serve as Interim Chief
of Police upon Chief Luman's departure on June 30, 2012.
Agenda Item D
Mr. Kilmer retired from the City of San Bernardino as Chief of Police in October
2011. He previously served as the former Chief of Police for the City of Bell
Gardens, following nearly 25 years of service with the Long Beach Police
Department. Mr. Kilmer is also a private consultant with experience in
conducting administrative investigations for public agencies and is an
experienced trainer for strength-based leadership training which promotes
employee engagement, enhanced performance, and reductions in liability and
job dissatisfaction. With his distinguished professional career that spans over
three decades, including over 15 years of experience in an executive and
command leadership role, Mr. Kilmer is very well qualified to serve as the City's
Interim Chief of Police.
Mr. Kilmer will perform the functions and duties of the Chief of Police that include
planning, directing, managing and overseeing the activities and operations of the
Police Department, as well as providing highly responsible and complex
administrative support to the City Manager. Per the attached Agreement, the
City will pay Mr. Kilmer a maximum of $4,000 for each week worked. He will not
receive overtime compensation. He may, with City Manager prior approval, take
leave without pay for days that he is not available to perform his services. The
City will reimburse him for actual and necessary expenses incurred in the
performance of his services. Unless extended, this Agreement will expire on the
earliest of the following dates: December 24, 2012, or upon the date upon which
Mr. Kilmer has worked 960 hours, or upon the hiring of a permanent Chief of
Police.
ENVIRONMENTAL IMPACT:
There is no Environmental Impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
Based on the terms of the Agreement, the maximum amount the City will pay Mr.
Kilmer is $112,000 ($8,000 x 14 pay periods) plus a cell phone allowance of
$75.00 per month for City business and actual and necessary expense
reimbursements. The former Chief's total compensation at retirement for this six-
month period would have been approximately $151,000 including employee
benefits, representing an estimated savings to the City of approximately $39,000
during the term of this Agreement.
The source of all payments to Mr. Kilmer: Police Department Full -Time Salaries
Account 001-022-40001.
Page 2
RECOMMENDATION:
It is recommended the City Council adopt Resolution No. 6264 authorizing and
directing the City Manager to execute an agreement with Keith L. Kilmer.
SUBMITTED BY:
VA I R .
ill -. Ingram, City ager
Attachments:
A. Resolution No. 6264
B. Agreement
Page 3
RESOLUTION NUMBER 6264
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AN AGREEMENT WITH KEITH L. KILMER FOR
INTERIM CHIEF OF POLICE SERVICES
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
WHEREAS, it is the desire of the City to hire an individual to serve on an interim
basis to perform the duties of Interim Chief of Police; and
WHEREAS, Keith L. Kilmer represents that he is qualified to perform the duties
of Interim Chief of Police, effective June 25, 2012.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY
RESOLVE:
Section 1. The City Council hereby approves the agreement ("Agreement")
between the City and Keith L. Kilmer, dated June 15, 2012, for interim chief of
police services for a maximum amount of$4,000 per week worked.
Section 2. The Council hereby directs the City Manager to execute the
Agreement.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 25th day of June , 2012 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6264 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 25th day of June , 2012.
City Clerk
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EMPLOYMENT AGREEMENT
Between
(,4 ):1!
‘PUNTY_*
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
and
Keith L. Kilmer
911 Seal Beach Blvd.
Seal Beach, CA 90740
•
This employment agreement ("Agreement") is made and entered into on Junes, 2012,
by and between the City of Seal Beach, a charter city and municipal corporation ("City"),
and Keith L. Kilmer.
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RECITALS
WHEREAS, it is the desire of the City to hire Keith L. Kilmer ("Employee") to serve
on an interim basis to perform the duties of Interim Chief of Police; and
WHEREAS, Employee represents that he is qualified to perform the duties of
Interim Chief of Police.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
City and Employee hereby agree as follows:
AGREEMENT
- 1.0 Duties
1.1 The City hereby engages the services of Employee to perform the
functions and duties of Interim Chief of Police ("Services"). Employee is
"at-will" and serves at the pleasure of the City's City Manager.
1.2 Employee shall devote his full energies, interests, abilities and productive
time to the performance of the Services. The parties acknowledge that
the hours will fluctuate depending on the City's need.
1.3 Employee shall not engage in any activity, consulting service or
• enterprise, for compensation or otherwise, which is actually or potentially
in conflict with or inimical to, or which materially interferes, with his duties
and responsibilities to City.
2.0 Term and Termination
2.1 Term and Effective Date. Employee shall commence his services
hereunder as of June 25, 2012 (the effective date of this Agreement).
Unless extended, this Agreement shall expire on the earliest of the following
dates: December 24, 2012 or the date upon which Employed has worked
960 hours.
2.2 Termination. Either City or Employee may terminate this Agreement at
any time and without cause by giving written notice to the other party of
such termination, and specifying the effective date thereof, at least thirty
(30) days before the effective date of such termination. Upon termination,
Employee shall be compensated for those services that have been
adequately rendered to City prior to the effective date of termination, and
Employee shall be entitled to no further compensation.
2.3 Extension of Term. City's City Manager and Employee may extend the
term of this Agreement to the day before the effective date of the City's
employment of a Chief of Police.
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3.0 Compensation
3.1 Salary. City shall pay Employee a salary of $4000.00 for each week
worked. City shall pay Employee at the same time employees of the City
are paid on a bi-weekly basis. Employee shall be an exempt employee
under the Fair Labor Standards Act and shall not be entitled to any
overtime compensation in any form. Because of Employee's unique
situation and ineligibility for any form of paid leaves or paid holidays,
Employee may, with City Manager prior approval, take leave without pay
for those working hours that he is not available to perform his services.
Employee will report any leave without pay hours on his timesheet.
3.2 Expenses. City shall reimburse Employee for actual and necessary
expenses incurred in the performance of his official duties that are
supported by expense receipts in accordance with AB 1234 and any
applicable City ordinances, resolutions, rules, policies or procedures.
3.3 Benefits.
3.3.1 City Vehicle. Employee's duties require him to be available to
respond to the demands of City business after regular work hours and on
weekends. City shall provide Employee with an automobile to be used for
City business and personal use within the City and within a 50-mile radius
of the City or Employee's residence.
3.3.2 Uniform and Equipment. City shall provide Employee with two fully
equipped police uniforms and all related equipment necessary for him to
provide the Services.
3.3.3 Mobile Phone Allowance. City shall provide Employee with a
mobile phone allowance of $75.00 per month for the performance of his
official duties.
4.0 Insurance
Employee shall procure and maintain in effect a policy of automobile insurance
on his private vehicle. Such insurance shall not be subject to cancellation, modification
or lapse without City first receiving 10 days advance written notice
5.0 Indemnity and Immunities
5.1 City agrees to indemnify, defend, and hold harmless Employee from and
against any and all claims, actions, proceedings, suits, or damages,
including costs and attorneys' fees, resulting from physical harm or
damage to persons or property which harm or damage arises out of or is
in any way caused by the acts, omissions, negligence or misconduct of
City, its officials, officers, agents or contractors.
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5.2 Employee agrees to indemnify and hold harmless City, its elected and
appointed officials, officers, agents and contractors against any claims,
actions, proceedings, suits, or damages, including costs and attorneys'
fees, resulting from physical harm or damage to persons or property which
harm or damage arises out of or is in any way caused by the gross
negligence or gross misconduct of Employee.
5.3 In connection with Employee's performance of the Services, and while
Employee is acting within the course and scope of this Agreement, the
parties intend for Employee to be entitled to the immunities and privileges
set forth in the Government Tort Claims Act (California Government Code
Sections 810 et seq.) or any other provisions of law providing
governmental immunity for municipal corporations, their employees and
agents.
5.4 The provisions of this Mutual Indemnity Clause shall survive the
termination or expiration of this Agreement.
6.0 Confidentiality
Employee covenants that all data, documents, discussion, or other information
developed or received by Employee or provided for performance of this Agreement are
deemed confidential and shall not be disclosed by Employee without prior written
authorization by City. City shall grant such authorization if applicable law requires
disclosure. All City data shall be returned to City upon the termination of this
Agreement. Employee's covenant under this Section shall survive the termination of
this Agreement.
7.0 Assignment
Employee shall not assign or transfer any interest in this Agreement whether by
assignment or novation, without the prior written consent of City. Any purported
assignment without such consent shall be void and without effect.
8,0 General Provisions
8.1 Compliance with Laws. Employee shall comply with all applicable federal,
state and local laws, ordinances, codes and regulations.
8.2 Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement
shall not be a waiver of any other condition of performance under this
Agreement. In no event shall the making by City of any payment to
Employee constitute or be construed as a waiver by City of any breach of
covenant, or any default which may then exist on.the part of Employee,
and the making of any such payment by City shall in no way impair or
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• . prejudice any right or.remedy available to City with regard to such breach• . : "
or default. . . • ..
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• 8.3 -Attorney's Fees. In the event that.either party to this Agreement: shall`
commence any legal•action or.-proceeding.:to.enforce or interpret the•
. provisions of..this:.Agreement, .the_. prevailing:party. in such action or.: .
• proceeding_.shall•be entitled to". recover. its 'casts.•-of. sult, including all .
attorney's fees.incurred in connection with such action or proceeding:,. The. .
•venue for any litigation shall be Orange County, California. •
8.4 . The headings'herein are descriptive only and for convenience in reference . . , •
• to this Agreement. Should there be any conflict between such•caption, .••
. •
• .
and the section where he. heading appears,• the. section, and not. such .
. • heading, shall.control and govern.in the construction of.this Agreement. • •
8.5 • This Agreement shall,be governed and construed in accordance with the . •
: laws of the State of California. ,
•. •8.6 .This Agreement represents the entire agreement between the.parties,end '• .
. :supersedes other agreements, either.oral or in writing;between the parties " : •
• :with respect=to'the sub ect.matter of this.Agreement.:...Each,party:_to this .
•Agreement:acknowledges that no representations, inducements, promises : :. •
• . • or agreements,•orally-or:-otherwise, have"been. made"by either.party;. or. . . .
. . anyone acting.on.behalf:of.either party,_which are not.eriibodied..herein,.. •
and that no other agreement,:statement of promises•not contained.,in this
Agreement shall be valid or binding upon either party. . . •• •. •: •
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. IN WITNESS. WHEREOF, the CITY•:•OF SEAL.-:BEACH :has caused this . •
Agreement to•be�signed. and executed on its behalf.by.its: City.Manager, arid duly
attested by its officers .thereunto duly authorized, and Employee has .signed. and .
• executed this Agreement, both in-duplicate. . . • : • . • . • :
CITY OF SEAL BEACH EMPLOYEE:- •
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-Jill R. Ingram,City Manager : :Keith L.:.Kilmer. . : ,
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• Dated: . : . • Dated: •• •••
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ATTEST: • .APPROVED AS TO FORM: : • .
City Clerk City Attorney
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