HomeMy WebLinkAboutSupplemental Information Received after Posting of Agenda - Item FEMPLOYMENT AGREEMENT
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Steve Myrter
City of Seal Beach
211-8 th Street
Seal Beach, CA 90740
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This Agreement is made as of January 30, 2017, by and between the City of Seal
Beach, a California charter city ( "City "), and Steve Myrter, an individual.
RECITALS
A. Effective January 30, 2017, the City of Seal Beach ( "City ") City Manager
has appointed Steve Myrter ( "Employee ") as Director of Public Works.
B. Employee represents that he is qualified and willing to perform the duties
of Director of Public Works.
C. City and Employee wish to enter into this Employment Agreement
( "Agreement ") to define the terms and conditions of employment.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions herein contained, City and Employee agree as follows:
1. TERM. The effective date of this Agreement is January 30, 2017. This
Agreement shall be effective throughout the tenure of the Employee, subject to the
termination provisions set forth herein.
2. DUTIES AND AUTHORITY. Employee shall exercise the powers and
perform the duties of the position of the Director of Public Works as set forth in the City
Charter, City Municipal Code, personnel rules, regulations and procedures and
Employee's job description. Employee shall exercise such other powers and perform
such other duties as the City Manager may assign. Employee shall serve at the
pleasure of the City Manager and shall be an "at will" employee not subject to any
collective bargaining agreement or civil service system.
3. EMPLOYEE'S OBLIGATIONS. Employee shall devote his full energies,
interests, abilities and productive time to the performance of this Agreement, and utilize
his best efforts to promote City's interests. 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.
4. COMPENSATION AND REIMBURSEMENT FOR EXPENSES.
A. Gross Monthly Base Salary. City shall pay Employee as full
compensation for the performance of his duties under this Agreement a gross monthly
salary of fourteen thousand five hundred eighty five dollars and eighty two cents
($14,585.82), on regular City payroll schedule and less any legally required deductions.
The City Manager may consider a merit adjustment after conducting a performance
evaluation in accordance with the evaluation process pursuant to Section 6 of this
Agreement. Employee's salary shall be subject to withholding and other applicable
taxes, and shall be payable to Employee at the same time as other employees of City
are paid. Employee shall be exempt from the overtime pay provisions of California and
federal law.
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B. Cost of Living Salary Increases. Effective with the first pay
period after July 1 each year, Employee may receive annual Cost of Living salary
increases applicable to Executive Management employees, as approved by the City
Council, based on the change in the California Consumer Price Index for Urban Wage
Earners and Clerical Workers as calculated by the California Department of Industrial
Relations for Los Angeles- Riverside Orange County for the immediately preceding April -
April period, not to exceed three percent (3 %) in any fiscal year.
C. 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.
5. BENEFITS.
A. Health Insurance Coverage.
1. City shall provide Employee a group hospital, medical and
dental insurance plan on the same terms applicable to Executive Management
employees and as specified herein.
2. City shall contribute to the cost of medical coverage for
Employee and his dependents, an amount not to exceed the California Public
Employees' Medical and Hospital Care Act (PEMHCA) minimum contribution.
3. City has implemented a full flex cafeteria plan for employees.
If Employee opts to participate in City's full flex cafeteria plan, he shall receive a
monthly flex dollar allowance to be used for the purchase of benefits under the full flex
cafeteria plan. The monthly flex dollar allowance, as applicable to Employee, shall be
one of the following:
For Employee
only
$ 832.82 /month
For Employee
and 1 de endent
1 $ 1,286.97 /month
For Employee
and 2 or more dependents
1 $ 1,664.29 /month
4. A portion of the monthly flex dollar allowance is identified as
City's contribution towards PEMHCA. Thus, for example, in calendar year 2017, a
single employee's monthly flex dollar allowance is $832.82; of that amount, $128.00 has
been designated by City as its required PEMHCA contribution to CalPERS. The
monthly flex dollar allowance may only be used in accordance with the terms of the full
flex cafeteria plan.
5. Effective January 1, 2017, and every January 1st during the
term of this Agreement, City may increase the contribution amounts above by the
percentage of increase for basic plans published by CalPERS which sets health
insurance premiums for the coverage year.
6. Employee is required to pay any premium amount in excess
of the above City contribution. Such amount will be deducted from his payroll check on
the first two pay periods for each month.
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7. The minimum employer contribution for participating in the
PEMHCA will be adjusted annually to reflect any change in the medical care component
of the Consumer Price Index.
8. If= Employee meets the waiver criteria and elects to waive
enrollment in City's full flex cafeteria plan, he is eligible to receive $310.00 per month
(upon showing proof of health insurance coverage under an alternative plan). Election
forms are available in the Personnel Office.
9. After the Employee has completed 30 days of uninterrupted
service he shall be enrolled in the full flex cafeteria plan on the first day of the next
succeeding month.
10. City shall not contribute a flex dollar amount for Employee
during any month he is on leave of absence without pay or is absent from regular duties
without authorization, for a full calendar month.
11. Medical Maintenance Exam ination/WelIness Program. The
City shall reimburse Employee, as a medical benefit, for Employee's actual documented
expenses for medical maintenance exams or the cost of participation in wellness
programs, in an amount not to exceed $850 per fiscal year. Reimbursable expenses
shall include, but not be limited to, actual out of pocket expenses for annual physical
examinations or other medical tests or examinations, participation in weight loss, stop
smoking, fitness or other similar programs, or membership in a health or fitness club.
All reimbursements shall be subject to the review and approval of the City Manager.
B. Life Insurance Program.
Employee shall receive a $50,000 life insurance policy paid by City.
C. Income Continuation Program.
1. Employee shall receive an income continuation policy to
provide for income continuation of 66.67% of his monthly salary, up to a maximum of
$7,500 per month, whichever is lesser.
2. Said income continuation policy shall become effective after
Employee has completed 30 days of uninterrupted service. City shall enroll Employee
in the program on the first day of the next succeeding month.
3. Said income continuation policy shall commence on the 31st
day of sickness or other bona fide absence or upon expiration of sick leave, whichever
occurs later, and continuing thereafter while Employee is absent from work for a period
of up to age 65.
D. Retiree Health Insurance.
1. Employee shall have the option upon retirement, to continue
participating in City's health insurance program at his expense.
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2. In the event Employee retires from City, he shall be eligible
to receive a City contribution not to exceed the PEMHCA minimum employer
contribution towards health coverage under CaIPERS, as determined by CaIPERS from
time to time.
3. In the event Employee resides in an area where the health
plans provided by City are not in effect, he shall be entitled to receive in cash each
month an amount equal to the monthly contribution City would otherwise have
contributed toward his health insurance premiums.
E. Sick Leave.
1. Employee shall accrue sick leave at the rate of one day per
month (8 working hours). The maximum accrual of sick leave hours shall be 520 hours.
2. Sick leave accrual balance will be paid to Employee upon
termination at 25% of his base rate of pay in cash and, if Employee is not eligible for
Retiree Health Benefits as provided in this Agreement, an additional 25% of the accrual
balance shall be deposited by the City into a Retiree Health Savings Account to be
established for the benefit of the Employee,
3. Employee shall not accrue sick leave hours during
authorized leaves of absence without pay.
F. Leaves of Absence.
1. Leave of Absence Without Pa v.
a. Upon the approval of the City Manager, Employee
may be granted a leave of absence without pay in cases of an emergency or where
such absence would not be contrary to the best interest of City, for a period not to
exceed 180 working days per Government Code.
b. Upon written request of Employee, the City Council
may grant a leave of absence, with or without pay, for a period not to exceed one year.
C. At the expiration of the approved leave, after notice to
return to duty, Employee shall be reinstated to the position he held at the time leave
was granted. Failure on the part of Employee to report promptly at such leave's
expiration and receipt of notice to return to duty shall be cause for discharge.
d. During any authorized leave of absence without pay,
Employee shall not be eligible to accumulate or receive benefits, except as specifically
provided for in this Agreement, except that City shall contribute to an employee's
medical and dental health plan, disability insurance plan, and life insurance plan for the
first 30 days of leave of absence.
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2. Bereavement Leave.
City shall provide Employee with 40 hours paid bereavement
leave in case of a death in the Employee's immediate family. The bereavement leave
shall not be chargeable to or accumulated as sick time or leave time. "Immediate
family" is defined as spouse, registered domestic partner, father, mother, son, daughter,
brother, sister, grandparent, grandchild, step- mother, step- father, step - child, mother -in-
law, father -in -law, domestic partner -in -law or dependent relative living with Employee.
Military Leave of Absence.
a. Military leave shall be granted in accordance with the
provisions of State law. Employee shall give the City Manager an opportunity within the
limits of military regulations to determine when such leave shall be taken. If possible,
Employee shall notify the Department Head of such leave request (10) working days in
advance of the beginning of the leave.
b. In addition to the provisions of State law, City shall
continue to provide Employee on military leave, the monthly flex dollar allowance under
the cafeteria plan and disability and life insurance and retirement (if applicable) for the
first three months of military leave. During said period, Employee shall be required to
pay to City the amount that exceeds the monthly flex dollar allowance (if applicable).
After the first (3) months of military leave, Employee may continue said benefits at his
cost.
4. Family Leave. Upon a demonstration of need and subject
to the following conditions, Employee may take leave or unpaid leave to care for his
newborn infant, whether through parentage or adoption, or to care for a seriously ill or
injured member of Employee's "immediate family" as defined in Section 5.F.2.
a. Proof of the birth or adoption of a newborn infant or
the serious illness /injury of the family member must be submitted to City.
b. Requests for family leave must be submitted in writing
to the City Manager at the earliest possible date before the date when the leave is to
begin.
C. Operational needs of City shall be relevant in
determinations regarding the granting of family leave in accordance with the provisions
of State and Federal Family Leave laws.
d. In the event of an extended family leave, Employee
may be required to periodically report on the status of the situation giving rise to the
leave.
e. Family leave may be granted only upon the approval
of the City Manager consistent with the provisions of State and Federal Family Leave
laws.
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G. Vacation.
1. Employee shall accrue not more than one hundred twenty
(120) hours vacation leave annually during continuance service as a full time employee
at a rate consistent with the City's policy for all executive management employees.
Employee shall accrue eight (8) additional hours of vacation leave annually for each
year of full -time continuous service each year after her first year.
2. Employee shall only be allowed to accumulate a maximum
of (320) hours of vacation. This maximum can only be exceeded with the prior written
approval of the City Manager.
3. Vacation shall not accrue during any period Employee is on
leave of absence without pay.
4. Employee is encouraged to use at least the amount of
vacation hours earned each fiscal year.
5. City will not approve vacation leave time prior to it has been
earned, unless prior, special arrangements have been made with the City Manager.
Employee shall not take any vacation leave unless the City Manager has provided prior
written approval. The City Manager may consider departmental workload and other
staffing considerations, such as but not limited to, the previously approved vacation
schedule of other employees, sick leave and position vacancies.
6. Not more than once in each fiscal year, Employee may,
upon written request, receive cash compensation for up to 120 hours of accrued and
unused vacation time, subject to the City's normal accrual and "cash out" policies and
procedures.
H. Holidays.
1. City shall grant Employee the following holidays with pay:
Holiday
Date
New Year's Day
January is
Martin Luther King Day
3rd Monday in January
Presidents' Day
3rd Monday in February
Memorial Day
Last nday in May
Independence Day
July 4
Labor Day
First in September
Veteran's Da
November 11
Thanksgiving Day
Fourth Thursday in November
Calendar day following Thanksgiving Da
Christmas Eve
December 24
Christmas Day
December 25
*Floating Holiday
discretion of employee)
Total of 12 holidays annually
*Floating Holiday must be taken during each fiscal year (July 1st through June 30th) and may not be carried
forward beyond the term of this Agreement.
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1. Holiday Closures. The City Manager may designate, in
writing, not more than five (5) work days in each calendar year between Christmas Day
and New Year's Day during which all employees, including Employee, may be required
to take time off, charged to leave without pay, Employee's accumulated compensatory
time, vacation, floating holidays, or a combination thereof, as determined by Employee.
The days must be consecutive for Employee. If Employee does not have sufficient
accumulated time off in his account to cover the required time off, he may request, and
will be granted, sufficient advance on his vacation accrual to cover the uncovered
balance. This advance will be recovered with the next vacation accruals earned by
Employee. Time off of work under this provision shall not be deemed a layoff.
Retirement System.
1. The retirement program provided by City shall consist of a
pooled Public Employees' Retirement System ( "PERS ") plan which includes the
following provisions:
Section 20042 - One Year Final Compensation
Section 20965 - Credit of Unused Sick Leave
Section 21024 - Military Service Credit
2. Retirement Plan. Employee is required to participate in
City's California Public Employees' Retirement System (CaIPERS) retirement program
and to make an employee contribution toward the program in the amount of seven
percent (7 %) of his compensation earnable.
3. City shall include Employee in CaIPERS Section 21354 —
2% @ 55 formula for miscellaneous members.
J. Seniority Bonus.
Employee shall receive a 5% increase in base salary effective on the 10th anniversary
of his uninterrupted employment with City.
K. Mobile Phone Allowance.
Employee shall receive a monthly mobile phone allowance of $75 in accordance with
City Policy 200 -19.
L. Administrative Leave.
Employee shall receive forty eight (48) hours of administrative leave each fiscal year.
Administrative leave days may not be carried forward to succeeding years nor may they
be turned in for cash value.
M. Deferred Compensation.
City shall contribute an amount equivalent to three and one -half percent (3.5 %) of
Employee's base salary per payroll period into a deferred compensation program for
Employee.
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N. Catastrophic Leave.
Employee may participate in City's Catastrophic Leave Pool Program subject to the
following conditions:
1. Catastrophic Leave will be available only to Employee if
Employee has exhausted his own paid leave through bona fide serious illness or
accident.
2. Employee cannot receive catastrophic leave at the same
time he receives Long -Term Disability payments.
3. Employee must have (40) hours of paid leave available after
making a donation to the pool.
4. Sick Leave cannot be used for this program.
5. In order to donate, Employee must sign an authorization,
including specifying the specific employee to be the recipient of the donation.
6. Donations will be subject to applicable tax laws.
7. The availability of Catastrophic Leave shall not delay or
prevent City from taking action to medically separate or disability retire Employee.
8. Catastrophic Leave due to illness or injury of an immediate
family member may require medical justification as evidenced by a Physician's
Statement that the presence of the Employee is necessary.
9. Catastrophic Leave due to the illness or injury of the
Employee will require medical justification as evidenced by a Physician's Statement as
to Employee's condition.
10. Employee must maintain the confidentiality of a donation.
6. ANNUAL EVALUATIONS AND SALARY REVIEW. On or before every
June 3& , the City Manager may conduct an evaluation of Employee's performance.
During that evaluation, the City Manager and Employee shall mutually establish
performance goals and objectives to be met by Employee during the following year. In
addition, the City Manager shall review Employee's salary and benefits as part of the
evaluation process and may do so at any other time.
7. INDEMNIFICATION. Except as otherwise permitted, provided, limited or
required by law, including without limitation California Government Code Sections 825,
995, and 995.2 through 995.8, City will defend and pay any costs and judgments
assessed against Employee arising out of an act or omission by Employee occurring in
the course and scope of Employee's performance of his duties under this Agreement.
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8. OTHER TERMS AND CONDITIONS OF EMPLOYMENT. The City
Manager may from time to time fix other terms and conditions of employment, as well as
job duties, relating to the performance of Employee provided such terms and conditions
are not inconsistent with or in conflict with the provision of this Agreement or other
applicable law.
9. TERMINATION.
A. Termination by City without Cause. Employee is employed at the
pleasure of the City Manager, and is thus an at -will employee. The City Manager may
terminate this Agreement and the employment relationship at any time without cause.
Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City
to terminate the employment of Employee. City shall pay Employee for all services
through the effective date of termination. In addition, Employee shall receive severance
to the extent provided in Section 10 and shall receive no other compensation or
payment.
B. Termination by City with Cause. City may terminate this
Agreement and Employee's employment with City if:
1. Employee refuses or fails to perform the powers and duties
of Employee as specified in Sections 2 and 3 of this Agreement, the City Charter or
Municipal Code;
2. Employee has engaged in: corrupt or willful misconduct in
office, any illegal act involving personal gain or willful malfeasance constituting grounds
for removal from office due to an indictment of the grand jury; any act of dishonesty;
actions that have or may have a substantial and adverse effect on City's interest; or is
convicted of any felony or any misdemeanor involving moral turpitude. In no event shall
a minor traffic offense or moving violation be considered a misdemeanor involving moral
turpitude. In the event Employee is under investigation for any of the foregoing
reasons, City may withhold part or all of any severance payment, until it is determined if
charges will be filed, and if charges are filed, until final judgment is rendered. If charges
are not filed, or if Employee is found innocent, City shall pay any severance to which
Employee is entitled; or
3. Employee breaches this Agreement, including, without
limitation, any provision set forth in Section 2, "Duties and Authority," of this Agreement.
C. Employee Initiated Termination. Employee may terminate this
Agreement by providing City 30 days' prior written notice.
10. SEVERANCE.
A. If City terminates this Agreement (thereby terminating Employee's
employment with City) without cause pursuant to Section 9.A, City shall:
Pay employee all vacation benefits earned, and
2. Pay Employee an amount equal to four times his then -
monthly base salary; and
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B. Notwithstanding any other provision or the term of this Agreement,
the maximum severance and health benefits that Employee may receive under this
Agreement as a result of termination, shall not exceed the limitations provided in
Government Code Sections 53260 - 53264.
C. Notwithstanding the foregoing, in the event Employee is convicted
of a crime involving an abuse of office or position, Employee shall reimburse City for
any paid leave or cash settlement (including separation benefits or severance, if
applicable), to the extent and as provided by Government Code Sections 53243-
53243.4.
11. INTEGRATION OF AGREEMENT. This Agreement contains the entire
Agreement between the parties and supersedes all prior oral and written agreements,
understandings, commitments, and practices between the parties concerning
Employee's employment. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, oral or written, have been
made by any party, or anyone acting on behalf of any party, which is not embodied
herein, and that no other agreement, statement, or promise not contained in this
Agreement shall be valid or binding on either party.
12. METHOD OF AMENDMENT. Amendments to this Agreement are
effective only upon City Council and Employee written approval.
13. NOTICES. All notices pertaining to this Agreement shall be sent to:
EMPLOYEE: Steve Myrter
City of Seal Beach
211 —8 1h Street
Seal Beach, California 90740
CITY: City Clerk
City of Seal Beach
211 - 8th Street
Seal Beach, California 90740
Such notice shall be deemed made when personally delivered, transmitted by
facsimile, or when mailed, 48 hours after deposit in the U.S. Mail, first class postage
prepaid and addressed to the party at its applicable address. Actual notice shall be
deemed adequate notice on the date actual notice occurred, regardless of the method
of service.
14. GENERAL PROVISIONS.
A. If any provision of this Agreement is held invalid or unenforceable,
the remainder of this Agreement shall nevertheless remain in full force and effect. If any
provision is held invalid or unenforceable with respect to particular circumstances, it
shall nevertheless remain in full force and effect in all other circumstances.
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B. This Agreement shall be interpreted and construed pursuant to and
in accordance with the City Charter, applicable laws of the State of California and all
applicable City Codes, Ordinances and Resolutions.
Executed by the parties as of the date above at Seal Beach, California.
City of Seal Beach
Jill R. Ingram, City Manager
Date:
ATTEST:
Robin L. Roberts, City Clerk
APPROVED AS TO FORM:
Craig A. Steele, City Attorney
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Steve Myrter