HomeMy WebLinkAbout12/19/2007 - STAFF REPORTS - 2.D. CONTRACT OF EMPLOYMENT OF
CHIEF OF POLICE
CITY OF PALM SPRINGS
THIS CONTRACT is made and entered into, to become effective on December
19, 2007, by and between the City of Palm Springs, a California charter city ("City") and
David Dominguez an individual, both of whom understand as follows:
RECITALS
A. City desires to contract for services of David Dominguez as the Chief of
Police of the City of Palm Springs ("Chief of Police"),
B. 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.
C. David Dominguez desires to perform the duties of the Chief of Police of
the City of Palm Springs.
NOW, THEREFORE, in consideration of mutual covenants herein contained, the
parties agree as follows:
Section 1: Duties.
1.1 City hereby employs David Dominguez 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, Palm Springs Municipal Code, and Government Code of the
State of California, as applicable, and to perform such other legally permissible and
proper duties and functions as the City Manager shall 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 the City Manager may require Chief of Police to travel temporarily to other locations
to perform services for or on behalf of City.
1.3 David Dominguez 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 according to the terms of this Contract.
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Section 2: Compensation,
2.1 City agrees to pay the Chief of Police an annual base salary within Salary
Range 86, as may be amended from time to time, which is commensurate his
educational background and experience. The Chief of Police's initial salary shall be
$165,252.00, payable in installments at the same time that the other management
employees of City are paid.
22 The Chief of Police shall be given the following adjustments to the salary
in the event the Chief of Police substantially complies with the relocation requirement
identified in Section 5 of this Contract: (1) An amount equal to five percent (5%) of the
initial salary upon compliance, and (2) an additional 3% on January 1, 2009. In the
event a cost of living is provided all executive management employees during calendar
year 2009 that is greater than 3%, the Chief of Police shall receive the difference
between the 3% provided on January 1, 2009 and the cost of living adjustment provided
to all executive management employees.
2.3 Commencing on January 1, 2010, the Chief of Police shall be entitled to
the same annual adjustments to salary, on the same terms and conditions applicable to
all other executive management employees.
2.4 Except as expressly provided in Section 2.2 of this Contract, the Chief of
Police shall be entitled to the same benefits as other executive management
employees, on the same terms and conditions applicable to all other executive
management employees, consistent with the provisions of Section 3 of Council
Resolution 21284, as may be amended from time to time, except that the Retiree Health
contribution amount for the Chief of Police shall be $100.00 per month. In addition, the
Chief of Police first year's leave shall accrue immediately be credited to the Chief of
Police leave account on the Commencement Date. Leave for all subsequent years
shall accrue on the same terms and conditions applicable to all other executive
management employees.
Section 3. Term of Employment.
3.1 Chief of Police shall commence service as Chief of Police on or before
February 1, 2008, (the "Commencement Date") and shall continue to serve until this
Contract is terminated as provided in this Section.
3.2 Either the City or Chief of Police may terminate this Contract at any time
without advance notice, for any reason, no reason, with or without cause, and in their
sole discretion. Chief of Police shall have no right to an appeal or grievance procedure,
as the Parties acknowledge the applicability of Section 500 of the Palm Springs City
Charter that Chief of Police serves at the pleasure of the City Manager. To the
maximum extent permitted by law, the Chief of Police waives any rights he may have
under the provisions of California Government Code section 3304(c). Nothing in this
Contract shall be construed to create in David Dominguez a property right/interest in the
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position of Chief of Police and each party hereby acknowledges that no such property
right/interest exists.
In consideration therefore, and except as provided in Section 3.3 below, upon
termination, City shall pay Chief of Police severance pay in an amount equal to three
months of his then current salary. On the first anniversary of his employment, and on
each anniversary thereafter, the Chief of Police shall receive one additional month of
severance pay until February 2011 when the Chief of Police severance pay will equal
six months of his salary for the duration of his employment as the Chief of Police.
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. Gross misconduct, malfeasance, or gross negligence in the
performance of his duties under this contract.
D. Voluntary termination of Contract by Chief of Police.
Section 4: Other Benefits.
4.1 Automobile. The Chief of Police shall be allowed the use of a city vehicle
as may be reasonably approved by the City Manager, including limited personal use
and commuting to and from his residence. The Chief of Police shall comply with all
rules and regulations that the City Manager may promulgate for the use of such vehicle.
In the event the Chief of Police does not comply with the requirements of Section 5 of
this Contract, the Chief of Police shall reimburse the City the cost of gas in commuting
to and from the City and his residence.
4.2 Relocation Expenses. City recognizes that certain expenses related to the
Chief of Police relocation are appropriate and desirable in order to secure his timely
relocation and ability to assume his responsibilities at the earliest feasible date. The
City will pay $5,000 to the Chief of Police to cover a portion of his temporary housing
casts and related expenses towards his timely relocation of his family consistent with
the requirements of Section 5. In addition, the City will pay the Chief of Police's actual
moving costs in an amount equal to the lowest of three estimates Chief of Police shall
secure and submit to the City Manager for review.
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Section 5: Relocation
The Chief of Police acknowledges that there exists a reasonable expectation on
the part of the City Council, the City Manager, and the residents of the City that the
Chief of Police and his immediate family should reside within the City. The Chief of
Police therefore agrees to relocate to the City or within a reasonable radius of City Hall
and the Police Department as may be required by the City Manager in order to ensure
that the Chief of Police will be able to promptly respond to and manage emergency
situations that may arise in the City or affect the City's residents. As noted above, the
Chief of Police will not be entitled to the compensation provision of Section 2.2 of this
Contract until he has substantially complied with the provisions of this Section 5.
Section 6- Performance Evaluation.
6.1 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
November 1of each year.
6.2 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.
6.3 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 7: Police Powers. Chief of Police shall maintain all police powers as
authorized under applicable California law during the term of this Contract.
Section 8: 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 seq. in determining whether any award of punitive damages
awarded against Chief of Police shall be paid.
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Section 9: 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 10: 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 11: 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 (iii) 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 E. Tahquitz Canyon Way
Palm Springs, CA
Attention: City Manager
IF TO CHIEF OF POLICE-
To address on file with the City's Human
Resources Director
Either Party may, by written notice to the other, designate a different address, which
shall be substituted for that specified above.
Section 12: Miscellaneous.
12.1 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.
Notwithstanding the foregoing, the Chief of Police may engage in outside activities
approved by the City Manager and that do not interfere with the employee's duties as
Chief of Police.
12.2 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 Manager or the City Council.
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12.3 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,
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.
12.4 City's Policies and Procedures. 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
Policies and Procedures, 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.
12.5 Medical Examination. In the event the Chief of Police does not pass his
pre-employment medical examination with the City prior to the Commencement Date,
this Agreement shall be null and void and the City's obligations under this Agreement
shall not become operative or enforceable against the City.
DAVID DOMINGUEZ CITY OF PALM SPRINGS
By:
David Ready
City Manager
ATTEST:
By:
James Thompson, City Clerk
APPROVED AS TO FORM:
By:
Douglas C. Holland, City Attorney
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