HomeMy WebLinkAbout05190 - GARY JEANDRON INTERIM CHIEF OF POLICE EMPLOYMENT AGR CONTRACT OF EMPLOYMENT OF
CHIEF OF POLICE
CITY OF PALM SPRINGS
THIS CONTRACT is made and entered into, to become effective on November
16, 2005, by and between the City of Palm Springs, hereinafter called "City," and Gary
Jeandron, an individual, hereinafter called "Chief of Police" or "Employee," both of
whom understand as follows:
RECITALS
WHEREAS, City desires to contract for services of Gary Jeandron as Chief of
Police of the City of Palm Springs; and
WHEREAS, it is the desire of the City to secure the services of Chief of Police
and to provide certain benefits, establish conditions of employment and set working
conditions for Chief of Police; and
WHEREAS, Gary Jeandron desires to perform as Chief of Police of City.
AGREEMENT
NOW, THEREFORE, in consideration of mutual covenants herein contained, the
parties agree as follows:
Section 1: Duties.
1.1 City hereby employs Gary Jeandron as Chief of Police of City to perform
Chief of Police functions and duties as specified in the City of Palm Springs Job
Classification, City Charter, Municipal Code and Government Code of the State of
California and to perform such other legally permissible and proper duties and functions
as the City Manager shall from time to time assign.
1.2 Unless otherwise directed by the City Manager, the services of Chief of
Police shall be performed at the offices of City Police Department; provided, however,
that City may require Chief of Police to travel temporarily to other locations to perform
services for or on behalf of City.
1.3 Chief of Police will, to the best of his ability and experience, loyally and
conscientiously perform all of the duties and obligations required of Chief of Police,
either expressly or implicitly by the terms of this Contract.
Section 2: Compensation.
2.1 City agrees to pay Chief of Police an annual base salary of $151,000,
payable in installments, and as may be adjusted from time to time, as that of all other
executive management employees of City, retroactive to July 1, 2005.
207755
Contract of Employment—Chief of Police—City of Palm Springs
Page 1 of 5
22 City agrees to pay the Chief of Police with four hours per pay period for in
lieu of holidays, retroactive to July 1, 2005.
Section 3: Term of Employment.
3.1 Chief of Police shall continue in service as Chief of Police until such time
he will retire from City service.
3.2 Chief of Police may terminate this Contract at any time without advance
notice, for any reason, no reason, with or without cause, and in his sole discretion. The
City Manager may terminate this Contract in accordance with the provisions of
California Government Code section 3304(c). Nothing in this Contract shall be
construed to create a property interest in the position of Chief of Police and each party
hereby acknowledges that no such property interest otherwise exists.
3.3 Notwithstanding Section 3.2, City may terminate Chief of Police, without
payment of severance pay, upon the occurrence of the following:
A. Conviction of a felony or misdemeanor involving moral turpitude; or
B. A determination by a court of competent jurisdiction, or the State of
California Fair Political Practices Commission, that Chief of Police knowingly and
unlawfully participated in a government decision in which he had a conflict of interest, as
defined in California Government Code Sections 871000 et seq., or California
Government Code Sections 1090 et seq.; or
C. Voluntary termination of Contract by Chief of Police; or
D. Material breach of contract by Chief of Police.
Section 4: Benefits,
4.1 City agrees to provide and to pay the premiums for vision, dental, and
comprehensive medical insurance for Chief of Police and his dependents in an amount
equal to that which is provided to other City executive management employees.
4.2 City agrees to put into farce and to make required premium payments for
long-term disability coverage for Chief of Police on the same terms available to all other
City executive management employees.
4.3 Except as otherwise expressly provided in this Agreement, the Chief of
Police shall receive the same benefits as all other City executive management
employees.
207755
Contract of Employment—Chief of Police— City of Palm Springs
Page 2 of 5
4A The Chief of Police shall be provided with the use of a city automobile.
City shall provide Chief of Police with a cell phone for use in City business. Chief of
Police shall reimburse City for cell phone charges related to personal use.
4.5 Chief of Police will continue to participate in the California Public
Employees Retirement System ("CaIPERS"), in accordance with CaIPERS contract with
City, and to make all the appropriate contributions on Chief of Police's behalf, for both
the City and employee's required share. Notwithstanding the foregoing, if any payment
is required by CaIPERS in excess of the current employee contribution rate, such
amount shall be paid by Chief of Police.
Section 5, Performance Evaluation.
5.1 At least once annually, the City Manager and Chief of Police shall mutually
define such goals and performance objectives which they determine necessary for the
proper operation of the City in the attainment of City policy objectives. Further, the City
Manager and the Chief of Police shall establish a relative priority among those various
goals and objectives to be reduced to writing with a mutual expectation of Chief of
Police's achievement of those goals and objectives within a mutually agreed upon
timeframe. The evaluations shall be conducted and completed generally about October
1 of each year, or as soon thereafter as practicable.
5.2 This annual review and evaluation shall be conducted in accordance with
criteria established by the City Manager. Such criteria may be added to or deleted as
the City Manager may from time to time determine is appropriate.
5.3 In his sole discretion, the City Manager shall be entitled to review the
performance of Chief of Police on a more frequent basis, and without a written
evaluation.
Section 6: Police Powers. Chief of Police shall maintain all police powers as
authorized under applicable California law during the term of this Contract.
Section 7: Indemnification. In accordance with the provisions of the California
Tort Claims Act, Government Code Section 810 et seq., the City hereby agrees to
defend, indemnify, and pay all damages, including special and general damages, and
costs of litigation matters, current and future, in which Chief of Police is named as a
party as a result of activities within the course and scope of his employment as Chief of
Police. City reserves, however, the right to refuse to defend, indemnify, and pay
damages for acts or omissions which were fraudulent, committed with actual malice, or
otherwise outside the course and scope of his employment. Chief of Police agrees to
cooperate in any and all litigation matters currently pending or which may be filed in the
future against the City or Chief of Police, and Chief of Police shall cooperate with City's
efforts in defending such litigation. City shall comply with the provisions of Government
Code section 825, et sec . in determining whether any award of punitive damages
awarded against Chief of Police shall be paid.
20775$
Contract of Employment—Chief of Police— City of Palm Springs
Page 3 of 5
Section 8: Construction and Amendment. This Contract shall be governed by
the laws of the State of California. This Contract may not be modified, altered or
amended except in writing and signed by the City and the Chief of Police.
Section 9: Recitals. The Recitals above are hereby incorporated into this
section as though fully set forth herein and each party acknowledges and agrees that
such Party is bound, for purposes of this Contract, by the same.
Section 10: Notices. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered, sent by registered or
certified mail, postage prepaid, return receipt requested, or sent by electronic
transmission, and shall be deemed received upon the earlier of (i) the date of delivery to
the address of the person to receive such notice if delivered personally or by messenger
or overnight courier; (ii) three (3) business days after the date of posting by the United
States Post Office if by mail; or (fii) when sent if given by electronic transmission. Any
notice, request, demand, direction, or other communication sent by electronic
transmission must be confirmed within forty-eight (48) hours by letter mailed or
delivered. Notices or other communications shall be addressed as follows:
IF TO CITY: City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, California 92262
Attention: City Manager
IF TO CHIEF OF POLICE: To address on file with the City's Personnel
Division
Either Party may, by written notice to the other, designate a different address, which
shall be substituted for that specified above.
Section 11: Miscellaneous.
11.1 Outside Employment. Chief of Police shall devote his entire productive
time, ability and attention to the business of the City during the term of this Agreement.
Outside employment is prohibited unless authorized by the City Manager.
112 Authority to Enter Into Contracts. It is expressly agreed that Chief
of Police shall have no right or authority at any time to make any contract or binding
promise of any nature on behalf of the City, whether oral or written, without the express
written consent of, as appropriate, the City Manageror the City Council.
11.3 Integration,. This Contract supersedes any and all other Contracts and
understandings, either oral or in writing, between City and Chief of Police with respect to
the employment of Chief of Police by City. Each party to this Contract expressly
acknowledges that no representations, inducements, promises or Contracts, orally or
otherwise, have been made by any party, or any person acting on behalf of any party,
207755
Contract of Employment—Chief of Police—City of Palm Springs
Page 4 of 5
which are not embodied herein, and that no other Contract, statement, representation or
promise not contained in this Contract shall be of any force or effect.
11.4 Cit 's Personnel Rules. The terms and conditions of Chief of Police's
employment, including employment benefits of Chief of Police not specifically provided
for in this Contract of Employment, shall also be governed by City's Personnel Rules, as
amended from time to time, to the extent not inconsistent with the provisions of this
Contract. In the event of any such inconsistency or conflict, the provisions of this
Contract shall govern.
CITY OF PALM SPRINGS
❑avid Ready
City Manager
APPROVED S f0 FORM:
By:
Dougl s H. Holland, City Attorney
Gary J dr n
Contract Effective November 16, 2005
• - = l�T-TEST:
�416rrfes Thgropson, City Clerk
207755
Contract of Employment—Chief of Police—City of Palm Springs
Page 5 of 5
AGREEMENT RETAINING GARY JEANDRON
AS INTERIM CHIEF OF POLICE FOR
THE CITY OF PALM SPRINGS
(January—June, 2007)
THIS AGREEMENT ("Agreement") is entered into by and between the
City of Palm Springs ("City") and Gary Jeandron (hereinafter referred to as "Gary
Jeandron" or"Interim Chief of Police"), to be effective the 1st day of January, 2007, and
is made in reference to the following facts.
A. The City, by and through the City Council, desires to retain Gary Jeandron
as the Interim Chief of Police of the City-
B. Gary Jeandron desires to serve as the Interim Chief of Police of the City,
pending City's selection of a permanent Chief of Police.
THEREFORE, IT IS AGREED AS FOLLOWS:
1.0 Appointment
1.1 The City confirms and ratifies the City Manager's appointment and
retention of Gary Jeandron as Interim Chief of Police of the City to perform the functions
and duties specified in the City Charter generally associated with the position of Chief of
Police, and other legally permissible and proper duties and functions as the City
Manager may, from time to time, assign.
1.2 Gary Jeandron hereby agrees to perform fully and faithfully the functions
and duties of Chief of Police specified in the City Charter of the City; the services
generally associated with the position of Chief of Police; and other legally permissible
and proper duties and functions as the City Manager may, from time to time, assign.
2.0 Term of Agreement
The term of this Agreement shall commence on January 1, 2007, and continue in
full force and effect unless terminated with or without cause by either party by providing
written notice thereof in accordance with paragraph 11.2 hereof, or until June 30, 2007.
The parties hereby expressly understand and agree that the Interim Chief of Police's
hours will not exceed 960 hours in accordance with California Government Code
section 21221.
3.0 Salary
3.1 The Interim Chief of Police shall receive a monthly retainer of $12,584.00
per month to perform all of the services provided under this Agreement. The retainer is
subject to adjustment at the discretion of the City Council.
Page 1 of 4 0R6CINAL E31 1
3.2 The Interim Chief of Police shall keep and maintain detailed line item
entries describing the Interim Chief of Police's work time on a daily basis, which shall be
submitted on a monthly basis to the City's Finance Director.
3.3 The Interim Chief of Police shall not be entitled to receive any other
benefits of employment provided to City's regular employees, including, but not limited
to, group health or medical benefits, life insurance, and vacation and other leave
accruals.
4.0 Hours of Work
It is recognized that the number of hours of work required of the Interim Chief of
Police may vary from week to week and it is expected that the Interim Chief of Police
will work 960 hours over the term of this Agreement. The Interim Chief of Police shall
exercise his reasonable discretion in coordination with the City Manager in order to best
accomplish the duties of Interim Chief of'Police.
5.0 General Expenses
The City agrees to reimburse the Interim Chief of Police for non-personal
expenses reasonably and necessarily incurred by the Interim Chief of Police in the
course and scope of performing his duties consistent with the provisions of all
applicable laws. The Finance Director is hereby authorized to disburse such monies
upon receipt of duly executed expense or petty cash vouchers, receipts, statements, or
personal affidavits. If any bond is required by City relating to the employment of the
Interim Chief of Police, City shall be responsible for the cost of such bond.
6.0 Indemnification
The City shall defend, save harmless and indemnify the Interim Chief of Police
against any tort, professional liability claim or demand or other legal action, whether
groundless or otherwise, arising out of an alleged act or omission occurring in the
performance of the Interim Chief of Police duties.
7.0 Other Terms and Conditions
The City Manager, in consultation with the Interim Chief of Police, shall fix any
such other terms and conditions of employment, as it may determine from time to time,
relating to the performance of the Interim Police Chief, provided such terms and
conditions are not inconsistent with or in conflict with the provisions of this Agreement,
the City's Charter, the City's Municipal Code, or any other applicable law.
8.0 Independent Contractor
The City regards the Interim Chief of Police's services as unique and specialized.
It is agreed that Interim Chief of Police shall act and be an independent contractor and
Page 2 of 2
not an employee of the City.
9.0 Non-Liability of Council Members
No City Council Member shall be personally liable to the Interim Chief of Police in
the event of any default or breach by Council, and or City of Palm Springs, or for any
amount, which may become due to the Interim Chief of Police. Interim Chief of Police's
billed time shall be an obligation of the City of Palm Springs to the extent permitted by
law.
10.0 Compliance with Law
Interim Chief of Police shall comply with all applicable laws, ordinances, codes,
and regulations of federal, state, and local government in the performance of the duties,
which are the subject of this Agreement.
11.0 General Provisions
11.1 The text herein shall constitute the entire Agreement between the parties.
The parties acknowledge that the Interim Chief of Police is neither covered by nor
subject to the collective bargaining agreements between the City and its employees.
11.2 Any notices required by this Agreement shall be either given in person or
mailed by first class mail with the postage prepaid and addressed as follows.-
IF TO CITY: City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, California 92262
Attention: City Manager
IF TO INTERIM
CHIEF OF POLICE: To address on file with the City's Human
Resources Department
Page 3 of 4
11.3 If any provision, or any portion thereof, contained in this Agreement is held
to be invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall
be deemed severed, shall not be affected and shall remain in full force and effect.
- CITY OF PALM SPRINGS
ATT15ST: By:
David Ready
City Manager
ity Clerk
"f' OVED BY CITY COUNCIL
'APPROVEDp �S�T,O FORM:
By: � c ^
Douglas Holland, City Attorney
Gary J r n
Page 4 of 4
AGREEMENT RETAINING GARY JEANDRON
AS INTERIM CHIEF OF POLICE FOR
THE CITY OF PALM SPRINGS
(July— December, 2007)
THIS AGREEMENT ("Agreement") is entered into by and between the
City of Palm Springs ("City") and Gary Jeandron (hereinafter referred to as "Gary
Jeandron" or "Interim Chief of Police"), to be effective the 1st day of July 2007, and is
made in reference to the following facts.
A_ The City, by and through the City Council, desires to retain Gary Jeandron
as the Interim Chief of Police of the City-
B. Gary Jeandron desires to serve as the Interim Chief of Police of the City,
pending City's selection of a permanent Chief of Police.
THEREFORE, IT IS AGREED AS FOLLOWS:
1.0 Appointment
1.1 The City confirms and ratifies the City Manager's appointment and
retention of Gary Jeandron as Interim Chief of Police of the City to perform the functions
and duties specified in the City Charter generally associated with the position of Chief of
Police, and other legally permissible and proper duties and functions as the City
Manager may, from time to time, assign.
1.2 Gary Jeandron hereby agrees to perform fully and faithfully the functions
and duties of Chief of Police specified in the City Charter of the City; the services
generally associated with the position of Chief of Police; and other legally permissible
and proper duties and functions as the City Manager may, from time to time, assign.
2.0 Term of Agreement
The term of this Agreement shall commence on July 1, 2007, and continue in full
force and effect unless terminated with or without cause by either party by providing
written notice thereof in accordance with paragraph 11.2 hereof, or until December 31,
2007. The parties hereby expressly understand and agree that the Interim Chief of
Police's hours will not exceed 960 hours in accordance with California Govemment
Code section 21221.
3.0 Sa arV
3.1 The Interim Chief of Police shall receive a monthly retainer of $12,584.00
per month to perform all of the services provided under this Agreement. The retainer is
subject to adjustment at the discretion of the City Council.
Page 1 of 1 CRIUNAL 1,30
ANCiCR AGREEMENT'
3.2 The Interim Chief of Police shall keep and maintain detailed line item
entries describing the Interim Chief of Police's work time on a daily basis, which shall be
submitted on a monthly basis to the City's Finance Director.
3.3 The Interim Chief of Police shall not be entitled to receive any other
benefits of employment provided to City's regular employees, including, but not limited
to, group health or medical benefits, life insurance, and vacation and other leave
accruals.
44.0 Hours of Work
It is recognized that the number of hours of work required of the Interim Chief of
Police may vary from week to week and it is expected that the Interim Chief of Police
will work 960 hours over the term of this Agreement. The Interim Chief of Police shall
exercise his reasonable discretion in coordination with the City Manager in order to best
accomplish the duties of Interim Chief of Police.
5.0 General Expenses
The City agrees to reimburse the Interim Chief of Police for non-personal
expenses reasonably and necessarily incurred by the Interim Chief of Police in the
course and scope of performing his duties consistent with the provisions of all
applicable laws. The Finance Director is hereby authorized to disburse such monies
upon receipt of duly executed expense or petty cash vouchers, receipts, statements, or
personal affidavits. If any bond is required by City relating to the employment of the
Interim Chief Of Police, City shall be responsible for the cost of such bond.
6.0 Indemnification
The City shall defend, save harmless and indemnify the Interim Chief of Police
against any tort, professional liability claim or demand or other legal action, whether
groundless or otherwise, arising out of an alleged act or omission occurring in the
performance of the Interim Chief of Police duties.
7.0 Other Terms and Conditions
The City Manager, in consultation with the Interim Chief of Police, shall fix any
such other terms and conditions of employment, as it may determine from time to time,
relating to the performance of the Interim Police Chief, provided such terms and
conditions are not inconsistent with or in conflict with the provisions of this Agreement,
the City's Charter, the City's Municipal Code, or any other applicable law.
8.0 Independent Contractor
The City regards the Interim Chief of Police's services as unique and specialized.
It is agreed that Interim Chief of Police shall act and be an independent contractor and
Page 2 of 2
not an employee of the City.
9.0 Non-Liability of Council Members
No City Council Member shall be personally liable to the Interim Chief of Police in
the event of any default or breach by Council, and or City of Palm Springs, or for any
amount, which may become due to the Interim Chief of Police. Interim Chief of Police's
billed time shall be an obligation of the City of Palm Springs to the extent permitted by
law.
10.0 Compliance with Law
Interim Chief of Police shall comply with all applicable laws, ordinances, codes,
and regulations of federal, state, and local government in the performance of the duties,
which are the subject of this Agreement.
11.0 General Provisions
11.1 The text herein shall constitute the entire Agreement between the parties.
The parties acknowledge that the Interim Chief of Police is neither covered by nor
subject to the collective bargaining agreements between the City and its employees.
112 Any notices required by this Agreement shall be either given in person or
mailed by first class mail with the postage prepaid and addressed as follows:
IF TO CITY: City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, California 92262
Attention: City Manager
IF TO INTERIM
CHIEF OF POLICE: To address on file with the City's Human
Resources Department
Page 3 of 3
11.3 If any provision, or any portion thereof, contained in this Agreement is held
to be invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall
be deemed severed, shall not be affected and shall remain in full force and effect.
CITY OF PALM SPRINGS
ATTEST. RYr
_ David Ready
- - - City Manager
ty Clerk ;C"EDBY CITY COUNCIL
fJ _ Ma
APPROVED AS TO FORM:
Dougl s Holland, City Attorney
Gary n v
Page 4 of 4