6 Resolution Approving a Third Amendment to the Employment Agreement between the City of Livingston and Ruben Chavez for the Position of Police Chief extending the Current Term for an Additional Three (3) years.

STAFF REPORT

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

MEETING DATE: March 05, 2019

PREPARED BY: Jose Antonio Ramirez, City Manager

RECOMMENDATION:

Adopt Resolution 2019__________ approving a Third Amendment to the Employment

Agreement between the City of Livingston and Ruben Chavez for the position of Police Chief extending the current term for an additiona] three (3) years.

BACKGROUND:

On March 6, 2012, the City and Mr. Chavez entered into an Employment Agreement for Mr. 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 (3) years and making other changes to the benefits package under the Employment Agreement. On March 20, 2018, the City and Mr. Chavez entered into a second amendment to the Employment Agreement, extending the term of the Employment Agreement by one (1) year and making other changes to its terms. The City now wishes to enter into a Third Amendment to the Employment Agreement.

DISCUSSION:

The City Manager and Mr. Chavez now wish to enter into a Third Amendment to the Employment Agreement, to extend the term for an additional three (3) years.

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, the City Manager has decided to extend the Employment Agreement by three (3) years.

FISCAL IMPACT:

Approval of the attached Resolution and Third Amendment to the Employment Agreement with the Police Chief will continue to have the same current fiscal impacts for an additional three (3) years. Currently, under Section 7 of the Employment Agreement, the Police Chief is compensated the base salary of$ 131,052.00 less all applicable Federal state and local withholdings. Mr. Chavez will continue to be subject to the standard merit system (performance