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HomeMy WebLinkAboutContracts & Agreements_9-1977 Z (4) EMPLOYMENT AGREEMENT POLICE CHIEF CITY OF REDLANDS, CALIFORNIA This agreement, made and entered into this f h ,ra/ day of ?� , 1977, by and between the City of Redlands, State of/ California, a municipal corporation, hereinafter called the "City" as party of the first part, and Robert E. Brickley, hereinafter called "Employee" as party of the second part, both of whom understand as follows : WITNESSETH: WHEREAS, the City desires to employ the services of said Robert E. Brickley as Police Chief of the City of Redlands and, WHEREAS, Employee desires to accept employment as the Police Chief of said City; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows : SECTION I, DUTIES City hereby agrees to employ said Robert E. Brickley as Police Chief of said City to perform the duties specified in the job description titled "Police Chief" , dated January, 1977, attached to and made a part of this agreement. SECTION II, TERM A. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of Employee at any time subject only to the provisions set forth in this agreement. B. 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 the City, subject only to the provisions set forth in this agreement. Employment Agreement, Police Chief page 2 C. Employee agrees to remain in the exclusive employ of the City until May 15, 1978, and neither to seek, to accept, nor to become involved by any other employer until said termination date, unless said termination date is effected by involuntary release as set forth in this agreement. The term "employed" shall not be con- strued to include occasional teaching, writing or consulting per- formed on employee's time off. D. In the event that written notice is not given by either party to this agreement to the other party ninety (90) days prior to the termination date as hereinabove provided, this agreement shall be extended on the same terms and conditions for an additional period of one year. Said agreement shall continue thereafter for one year periods unless ninety (90) days written notice is given prior to time of expiration. SECTION III, TERMINATION A. Other than at the termination date of the agreement or its extensions, the City shall not terminate this agreement with the employee except for one or more of the following causes : 1. Immoral or unprofessional conduct 2. Dishonesty 3. Incompetence 4. Evident unfitness for service 5. Physical or mental condition unfitting him for association with the general public 6. Conviction of a felony B. If the City initiates involuntary termination of the employee, he shall be notified by registered, return receipt mail , sixty (60) days in advance of the proposed termination, date . Employee will be permitted to file a written appeal and be heard at a public session of the City Council prior to the termination date. The action of the City Council concerning the termination, after they have heard the employees ' appeal, shall be final An appeal not filed within thirty (30) days of receipt of the intent to Employment Agreement, Police Chief page 3 terminate by the City may be refused consideration. C. In the event Employee voluntarily resigns Ills position with the City before expiration of the aforesaid term of employment, then Employee shall give the City three (3) months notice in advance, in writing. SECTION IV, SALARY City agrees to pay Employee for his services rendered pursuant hereto at an annual base salary of $ ,72o /' payable in installments at the same time as other employees of the City are paid. In addition, the City agrees to increase said base salary and/or other benefits of employment in such amounts and to such an extent as it may determine from time to time. The base salary of the Employee shall also be adjusted when necessary to maintain a fifteen (15) percent differential above that of any other employee in the Police Department. SECTION V, HOURS OF WORK A. Employee will be expected to work as a minimum, the normal duty hours of eight hours per day, five days per week, Monday through Friday; and, in addition, attend all meetings necessary in his job performance. B. Employee will not spend more than ten (10) hours per week on other employment as specified in Section II, C. SECTION VI , AUTOMOBILE The City shall provide the Employee with the exclusive use of a City vehicle for City related use with necessary radio equipment with all service, fuel and insurance paid. The vehicle license shall not identify the vehicle as City-owned• in deference to the need to maintain the anonymity of a Police Chief ' s movement SECTION VII , GENERAL EXPENSES City recognizes that certain expenses of a non-personal and job- affiliated nature may be incurred by Employee , and hereby agrees Employment Agreement, Police Chief page 4 to reimburse or to pay said expenses. The Finance Director is hereby authorized to disburse such monies upon receipt of duly executed expense accounts. SECTION VIII, HOLIDAY, VACATION, SICK LEAVE AND MILITARY LEAVE A. Ten (10) paid holidays per year will be allowed on the dates established by the City Manager. Employee shall accrue and have credited to his personal account vacation and sick leave. Such leave shall be cumulative during the entire employment period. Sick leave of 72 hours per year shall be granted. Vacation time of 120 hours per year shall be granted. It shall accrue on an hourly basis starting with the date of employment Any vacation accrued beyond that amount earned within a year period shall be lost if not taken within a sixty-day period after the annual anniversary date of employment, unless a finding is made by the City Manager that it was beneficial to the City to retain Employee on duty in which case the time may be extended for taking the va- cation as mutually agreed to by the City Manager and Employee. B. Employee shall be entitled to military reserve leave time pur- suant to state law and existing city policy. SECTION IX, DISABILITY, HEALTH, LIFE, AND WORKMAN' S COMPENSATION INSURANCE Employee shall be afforded the right to participate in all City insurance plans with premiums paid to the extent granted to other general employees of the City. Workman' s compensation will be provided by the City. SECTION X, RETIREMENT The City participates in the safety personnel retirement plan known as the "CHP Plan" . Employee shall be authorized to participate in such plan as any other safety member. Employment Agreement, Police Chief page 5 SECTION XI, DEFERRED PAY PLAN Employee shall be permitted to participate in the established City of Redlands deferred compensation plan. In addition, the City shall deposit in the deferred compensation plan of Employee the amount of Five Hundred Dollars ($500. 00) on the anniversary date of the first extension of this agreement. The amount shall increase by an amount of Two Hundred Fifty Dollars ($250 . 00) for each subsequent extension until it shall reach an amount of One Thousand Dollars ($1, 000.00) beyond which it will not be increased. SECTION XII , OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. The City Council shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the Redlands Ordinance Code, rules or regulations promulgated under such Code, or any other law B. All provisions of the Redlands Ordinance Code and regulations, rules, and agreements with retirement systems relating to retire- ment and pension systems contributions and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of the City, in addition to said benefits enumerated specifically for the benefit of the Employee. SECTION XIII , GENERAL PROVISIONS A. The text herein shall constitute the entire agreement between the parties . B. This agreement shall be binding upon an inure to the benefit of the heirs at law and executors of Employee. C. This agreement shall become effective commencing 1977. Employment Agreement, Police Chief page 6 D. If any provision, or any portion thereof, contained in this agreement is held to be unconstitutional, invalid, or unenforce- able, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain In full force and effect. IN WITNESS WHEREOF, the City of Redlands has caused this agreement to be signed and executed in its behalf by its Mayor and City Manager and duly attested by Its City Clerk, and the Employee has signed and executed this agreement, both in duplicate, the day and year first above written. Robert, E. Brickley, Charles G_ DeMirjyn, Mayor Police Chief Robert H. Mitchell, City Manager ATTEST- City Clerk APPROVED FOR FORM: City Attorney Employment Agreement, Police Chief page 6 D. If any provision, or any portion thereof, contained in this agreement is held to be unconstitutional, invalid, or unenforce- able, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WHEREOF, the City of Redlands has caused this agreement to be signed and executed in its behalf by its Mayor and City Manager and duly attested by its City Clerk, and the Employee has signed and executed this agreement, both in duplicate, the day and year first above written Robert E. Brickley C arl.es G: Mi�rjyn, or Police Chief </ pe„.27(1>42--kid Robert H. Mitchell, City' Manager ATTEST: Cit k /� APPROVED FOR FORM CCL\0/(.6a -e,c,r-=•)-- City Attorney imTn