10 Resolution Approving a Second Amendment to the Employment Agreement Between the City of Livingston and Ruben Chavez for the Position of Police Chief.

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STAFF REPORT

AGENDA ITEM: Resolution Approving a. Second Amendment to the Employment Agreement Between the City of Livingston and Ruben Chavez for the Position of Police Chief.

MEETING DATE: March 20, 2018

PREPARED BY:  Jose Antonio Ramirez, City Manager

RECOMMENDATION:

Adopt Resolution 2018 – approving a Second Amendment to the Employment Agreement between the City of Livingston and Ruben Chavez for the position of Police Chief.

BACKGROUND:

On March 6, 2012, the City and Chavez entered into an Employment Agreement for Chavez to work as Livingston’s Police Chief (“Employment Agreement”). On February 3, 2015, the City and Mr. Chavez entered into a first amendment to the Employment Agreement extending the term of the Employment Agreement by three years and making other changes to the benefits package under the agreement. The Employment Agreement and first amendment expired on March 6, 2018, unless extended by the City.

DISCUSSION:

The City Manager and Mr. Chavez have been discussing an extension to the Employment Agreement, however, have agreed to only extend it for one year under the same terms in order to provide the City additional time to research future financial obligations.

Livingston Municipal Code Section 1-6-S(B), authorizes the City Manager to “appoint and promote, discipline, suspend or dismiss all officers and employees of the City except the City Clerk, City Attorney and City Treasurer.” Pursuant to this authority, and in order to have additional time to negotiate a potentially longer term agreement, the City Manager has decided to extend the Employment Agreement by one year.

FISCAL IMPACT:

Approval of the attached Resolution and Second Amendment to the Employment Agreement with the Police Chief will continue to have the same current fiscal impacts for an addition year. Currently, under Section 7 of the Employment Agreement, the Police Chief is compensated the annual base salary of $131,052 less all applicable Federal state and local withholdings. Mr. Chavez will continue to be subject to the standard merit system (performance evaluations) and position pay schedule for future step increases, as may be modified from time to time by the City Council. Funding of position will continue at 90% general fund and 10% CFDs.

ATTACHMENTS:

1. Resolution No. 2018-_approving a Second Amendment to the Employment Agreement for the Position of Police Chief Between the City of Livingston and Ruben Chavez

2. Second Amendment to Agreement between the City of Livingston and Ruben Chavez for Employment of Police Chief

2932774.3

RESOLUTION NO. 2018 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING A SECOND AMENDMENT TO THE EMPLOYMENT AGREEMENT FOR THE POSITION OF POLICE CHIEF BETWEEN THE CITY OF LIVINGSTON AND RUBEN CHAVEZ

WHEREAS, on March 6, 2012, the City of Livingston (the “City”) and Ruben Chavez (“Chavez”) entered into an Employment Agreement for Chavez to work as Livingston’s Police Chief (“Employment Agreement”); and

WHEREAS, on February 3, 2015, the City and Chavez entered into a first amendment to the Employment Agreement (“First Amendment”) extending the term of the Employment Agreement by three (3) years and making other changes to the benefit package under the Employment Agreement. The Employment Agreement and First Amendment, unless extended, expired on March 6, 2018; and

WHEREAS, Livingston Municipal Code Section 1-6-5(8), authorizes the City Manager to “appoint and promote, discipline, suspend or dismiss all officers and employees of the City except the City Clerk, City Attorney and City Treasurer.” Pursuant to this authority, and in order to have additional time to negotiate a potentially longer term agreement, the City Manager has decided to extend the Employment Agreement by one

(1) year; and

WHEREAS, the City and Chavez wish to amend the Employment Agreement and First Amendment to extend the term by one (1) year and continue discussion of potential changes to the terms of the Employment Agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby approves the Second Amendment to the Agreement for Employment of Police Chief between the City of Livingston and Ruben Chavez, attached hereto as Exhibit & and incorporated herein by reference. Pursuant to Livingston Municipal Code section 1-6-5(8) and this Resolution, the City Manager is authorized to sign the Employment Agreement on behalf of the City.

Passed and adopted this 20th day of March, 2018, by the following vote: AYES:

NOES:

ABSTAIN:

ABSENT:

Jim Soria, Mayor

of the City of Livingston

ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 20th day of March, 2018.Antonio Silva, City Clerk of the City of Livingston

2932782.3

CITY OF LIVINGSTON

SECOND AMENDMENT TO THE AGREEMENT FOR EMPLOYMENT OF POLICE CHIEF

This Second Amendment to the Employment Agreement of Police Chief (“Second Amendment”) is made and entered into this 20th day of March 2018, by and between the City of Livingston, a general law city (the “City”), and Ruben Chavez, an individual (“Chavez”).

RECITALS

WHEREAS, on March 6, 2012, the City and Chavez entered into an Employment Agreement for Chavez to work as Livingston’s Police Chief (“Employment Agreement”); and

WHEREAS, on February 3, 2015, the City and Chavez entered into a first amendment to the Employment Agreement (“First Amendment”) extending the term of the Employment Agreement by three (3) years and making other changes to the benefit package under the Employment Agreement. The Employment Agreement and First Amendment, unless extended, expired on March 6, 2018; and

WHEREAS, Livingston Municipal Code Section 1-6-5(8), authorizes the City Manager to “appoint and promote, discipline, suspend or dismiss all officers and employees of the City except the City Clerk, City Attorney and City Treasurer.” Pursuant to this authority, and in order to have additional time to negotiate a potentially longer term agreement, the City Manager has decided to extend the Employment Agreement by one (1) year; and

WHEREAS, the City and Chavez wish to amend the Employment Agreement and First Amendment to extend the term by one (1) year and continue discussion of potential changes to the terms of the Employment Agreement.

NOW, THEREFORE, THE PARTIES AGREE TO THE FOLLOWING SECOND AMENDMENT TO THE EMPLOYMENT AGREEMENT

TERMS

1. Section 2, “Term of Agreement,” of the Employment Agreement shall be amended to read as follows:

“Upon the execution of the Second Amendment, the term of this Agreement shall commence on the effective date of the Employment Agreement and terminate on March 6, 2019, which date is a period of one (1) year from the termination date of the First Amendment to the Employment Agreement, unless otherwise terminated as provided for in this Agreement.

Notwithstanding the above-stated term, Chavez acknowledges that he is an at­ will employee and nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Manager to terminate his employment with the City as provided for in this Agreement.”

2. All other terms and conditions in the Employment Agreement and First Amendment shall remain in full force and effect to the extent they are not in conflict with this Second Amendment.

IN WITNESS HEREOF, the parties have caused their authorized representative to execute this Second Amendment on this 20th day of March 2018.

DATED: _

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Ruben Chavez, an individual

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Jose Antonio Ramirez, City Manager City of Livingston

DATED:—–

APPROVED AS TO FORM:

Jose M. Sanchez, City Attorney