2014/10/14 City Council Resolution 2014-119RESOLUTION NO. 2014 -119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF ROHNERT PARK AND BRIAN MASTERSON FOR DIRECTOR OF PUBLIC
SAFTEY SERVICES
WHEREAS, on March 16, 2010, City entered into an Employment Agreement ( "the 2010
Employment Agreement ") with Employee to retain his services as the Director of Public Safety, and said
2010 Employment Agreement included an expiration date of April 1, 2013;
WHEREAS, City entered into a First Amended Employment Agreement ( "the First Amended
Agreement ") with Employee on March 31, 2013 to extend the 2010 Employment Agreement and the First
Amended Agreement expired on April 1, 2014;
WHEREAS, City and Employee have continued under the terms of the First Amended
Agreement on a month to month basis and now desire to enter into a new employment agreement with
Employee to continue to serve as the Director of Public Safety;
WHEREAS, City and Employee have negotiated a new employment agreement ( "2014
Employment Agreement "), in which Employee will continue to serve as the Director of Public Safety in
consideration of and subject to the terms, conditions, and benefits described therein.
WHEREAS, this 2014 Employment Agreement is intended to and shall supersede the First
Amended Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that
the City Council authorizes and approves the 2014 Employment Agreement between the City of Rohnert
Park and Brain Masterson for Director of Public Safety services in substantially the same form attached
hereto as Exhibit "A" and incorporated herein by this reference.
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to execute
same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this
14th day of October, 2014.
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ATTEST:
oAnne M. Auergler, City C
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Exhibit A
2014 EMPLOYMENT AGREEMENT
BY AND BETWEEN THE CITY OF ROHNERT PARK AND BRIAN MASTERSON
FOR DIRECTOR OF PUBLIC SAFETY SERVICES
THIS 2014 EMPLOYMENT AGREEMENT between the CITY OF ROHNERT PARK
( "City ") and BRIAN MASTERSON ( "Employee ") (collectively, the "Parties ") is dated for
reference purposes this 14th day of October, 2014 and is deemed effective April 1, 2014
(Effective Date ").
RECITALS
WHEREAS, on March 16, 2010, City entered into an Employment Agreement (the "2010
Employment Agreement ") with Employee to retain his services as the Director of Public Safety,
and said 2010 Employment Agreement included an expiration date of April 1, 2013;
WHEREAS, on March 31, 2013, City entered into a First Amended Employment
Agreement (the "First Amended Agreement ") with Employee to extend the 2010 Employment
Agreement and the First Amended Agreement expired on April 1, 2014;
WHEREAS, City and Employee desire to enter into a new employment agreement with
Employee to continue to serve as the Director of Public Safety;
WHEREAS, the Parties have negotiated this "2014 Employment Agreement," in which
Employee will continue to serve as the Director of Public Safety in consideration of and subject
to the terms, conditions, and benefits described herein;
WHEREAS, this 2014 Employment Agreement is intended to and shall supersede the
First Amended Agreement.
AGREEMENT
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
DUTIES.
(a) City agrees to employ Employee as Director of Public Safety of the City
of Rohnert Park to perform the functions and duties specified in State and Federal law, the
Municipal Code, and the ordinances and resolutions of City, and to perform other legally
permissible and proper duties and functions as City Manager may from time to time assign.
(b) Employee shall perform his duties to the best of his ability in accordance
with the highest professional and ethical standards of the profession and shall comply with all
general rules and regulations established by City.
(c) Employee shall not engage in any activity which is or may become a
conflict of interest, prohibited contract, or which may create an incompatibility of office as
defined under California law. Prior to performing any services under this Agreement and
annually thereafter, Employee must complete disclosure forms required by law.
Brian Masterson, 2014 Employment Agreement Exhibit A
City of Rohnert Park
Page 2 of 6
2. TERM.
(a) The term of this Agreement shall be from the Effective Date and ending
March 31, 2017, unless terminated earlier by either party in accordance with the provisions set
forth in Paragraph 3 or by the event of the death or permanent disability of Employee. By
mutual agreement, Parties may extend this Agreement up to one additional year following
expiration of this Agreement.
RESIGNATION AND TERMINATION.
(a) Nothing in this Agreement shall prevent, limit or otherwise interfere with
the right of Employee to resign at any time from his position as City's Director of Public Safety.
Employee may terminate this Agreement by submitting written notice of his resignation to City.
Employee shall give the City thirty (30) days written notice of his intention to resign.
(b) Employee is an "at will" employee who serves at the pleasure of the City
Manager and nothing herein shall be taken to prevent, limit or otherwise interfere with the right
of the City Manager to terminate the services of Employee as Director of Public Safety with or
without cause. There is no express or implied promise made to Employee for any form of
continued employment as the Director of Public Safety.
(c) Employee may be terminated for cause at any time, with or without cause.
Termination for cause means termination based upon a breach of any of the terms of this
Agreement, malfeasance of any nature occurring during the course and scope of the Employee's
duties as Director of Public safety, or a conviction, plea bargain, or personal adverse State or
Federal determination against Employee individually involving any felony, intentional tort,
crime of moral turpitude, or violation of statute or law constituting forfeiture of office,
misconduct in office for personal gain, misuse of public funds for personal benefit, or conflict of
interest resulting in conviction.
(d) Severance Benefits.
(1) In the event the Employee is terminated from employment without
cause while still willing and able to perform Employee's duties
under this Agreement, then the City agrees to pay Employee a lump
sum cash payment equal to six (6) months of base salary. In
addition, the City shall extend to Employee the right to continue
health insurance as may be required by and pursuant to the terms
and conditions of the Consolidated Omnibus Budget Reconciliation
Act of 1986 (COBRA).
(2) In the event Employee is terminated for cause, Employee shall be
entitled to only the compensation earned and accrued and such
other termination benefits and payments as may be required by law.
Employee shall not be entitled to any severance benefits.
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Brian Masterson, 2014 Employment Agreement Exhibit A
City of Rohnert Park
Page 3 of 6
4. COMPENSATION AND BENEFITS.
(a) City agrees to pay Employee for his services rendered pursuant hereto as Director
of Public Safety a gross monthly salary of thirteen thousand four hundred sixty dollars ($13,460)
payable in installments at the same time as other employees of the City are paid and subject to all
applicable payroll taxes and withholdings. City agrees that the gross monthly salary of the
Director of Public Safety shall be no less than ten percent (10 %) greater than the gross monthly
salary of any member of the Rohnert Park Public Safety Managers Association.
(b) In accordance with City policy, the City Manager will review and evaluate the
performance of Employee as Director of Public Safety once each year. At the City Manager's
discretion, Employee may earn up to an additional three percent (3 %) increase to base salary
depending on the results of the Employee's performance evaluation each year.
(c) Employee shall be entitled to the following salary adjustments provided to the
non - public safety Management Unit in accordance with the Outline of Certain Conditions of
Employment, Fringe Benefits, and Salary for the Management Unit ( "Management Unit
Outline "), effective July 1, 2014 to June 30, 2017: three percent (3 %) one -time non - pensionable
payment on October 17, 2014, three percent (3 %) one -time non - pensionable payment on July 1,
2015, and three percent (3 %) pensionable increase to base salary on July 1, 2016.
(d) Employee shall be entitled to accrue the same Annual Leave hours and
Administrative Leave hours provided to the Public Safety Managers' Association in accordance
with the Memorandum of Agreement, effective July 1, 2014 to June 30, 2017 ( "RPPSMA
MOA ").
(e) City acknowledges that Employee has submitted a valid Peace Officers Standards
and Training (P.O.S.T.) Management Certificate and agrees to pay Employee a P.O.S.T.
Certification Stipend in the amount of eight and a half percent (8.5 %) of base salary per month.
City agrees that upon submission by Employee of a valid P.O.S.T. Executive Certificate,
Employee shall receive a P.O.S.T. Certification Stipend in the amount of percent (10 %) of base
salary per month. The Stipend payments provided above are not cumulative; Employee may only
receive one P.O.S.T. Certification Stipend. Any change to the P.O.S.T. Certification Stipend
shall be effective on the first day of the calendar month subsequent to the submission of a valid
certificate.
(f) City shall provide Employee with any "in- district" pay provided to members of
the Rohnert Park Public Safety Managers' Association in Section 9 "Residency" of the
RPPSMA MOA, so long as Employee meets the criteria to be eligible for this stipend.
(g) Employee shall be entitled to all benefits, rights and privileges afforded to the
non - public safety Management Unit in the Management Unit Outline except as otherwise
provided in this Agreement. If there is any conflict between this Agreement and any resolution
fixing compensation and benefits for non - public safety City Department Directors or other
unclassified employees, this Agreement shall control.
(h) Employee shall be included in the City's Safety Plan with the California Public
Employees' Retirement System ( "CaIPERS "). Employee shall contribute the total "employee
contribution" required by law currently set at 9 %.
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Brian Masterson, 2014 Employment Agreement Exhibit A
City of Rohnert Park
Page 4 of 6
(i) City shall provide Employee with a cell phone, City vehicle for his use at City
expense and any other equipment deemed appropriate by the City Manager.
0) City shall provide three thousand dollars ($3,000) per fiscal year for Employee's
professional development expenses. Use of these dollars shall be subject to the approval of the
City Manager.
6. INDEMNIFICATION.
In accordance with the terms, conditions, and limitations of the Government Claims Act
(Gov't Code §§ 810 et seq.), City shall defend, save harmless, and indemnify Employee 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 Employee's
duties as Director of Public Safety. City will determine whether to compromise and settle any
such claim or suit and the amount of any settlement or judgment rendered thereon. Said
indemnification shall extend beyond termination of employment, and the otherwise expiration of
this Agreement for any acts undertaken or committed in his capacity as Director of Public Safety,
regardless of whether the notice of filing of a lawsuit for such tort, claim, demand, or other legal
action occurs during or following Employee's employment with City as Director of Public
Safety.
7. CONFLICT OF INTEREST PROHIBITION.
It is further understood and agreed that because of the duties of the Director of Public
Safety within and on behalf of the City of Rohnert Park, and its citizenry, the Employee shall not,
during the term of this Agreement, individually, as a partner, joint venturer, officer or
shareholder, invest or participate in any business venture conducting business in the corporate
limits of the City of Rohnert Park except for stock ownership in any company whose capital
stock is publicly held and regularly traded, without prior approval of the City. For and during the
term of this Agreement, Employee further agrees, except for a personal residence or residential
property acquired or held for future use as his personal residence, not to invest in any other real
estate property improvements within the corporate limits of the City of Rohnert Park, without
the prior consent of the City Council.
8. OTHER TERMS AND CONDITION OF EMPLOYMENT.
The City Manager may fix any other terms and conditions of employment, as he or she
may determine from time to time relating to the performance of Employee, provided such terms
and conditions are not inconsistent with provisions of this Agreement or law.
9. GENERAL EXPENSES.
City recognizes and agrees to pay the job - related expenses incurred by Employee in the
course of his duties as approved by the City Manager.
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Brian Masterson, 2014 Employment Agreement Exhibit A
City of Rohnert Park
Page 5 of 6
10. NOTICES.
Any notices required by this Agreement shall be in writing and either given in
person or by first class mail with postage prepaid and addressed as follows:
TO CITY: City Manager
City of Rohnert Park
130 Avram Avenue
Rohnert Park, CA 94928
TO EMPLOYEE: Brian Masterson
Address on file with Human Resources
11. ATTORNEY'S FEES.
In the event of any mediation, arbitration or litigation to enforce any of the provisions of
this Agreement, each party shall bear its own attorney's fees and costs.
12. ENTIRE AGREEMENT.
This Agreement is the final expression of the complete agreement of the Parties with
respect to the matters specified herein and supersedes all prior oral or written understandings.
Except as prescribed herein, this Agreement cannot be modified except by written mutual
agreement signed by the Parties.
13. ASSIGNMENT.
This Agreement is not assignable by either City or Employee.
14. SEVERABILITY.
In the event that any provision of this Agreement is finally held or determined to be
illegal or void by a court having jurisdiction over the Parties, the remainder of the Agreement
shall remain in full force and effect unless the parts found to be void are wholly inseparable from
the remaining portion of the Agreement.
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Brian Masterson, 2014 Employment Agreement Exhibit A
City of Rohnert Park
Page 6 of 6
15. EFFECTIVE DATE.
This Agreement shall be deemed effective on the Effective Date.
IN WITNESS WHEREOF, the City has caused the Agreement to be signed and executed
on its behalf by its City Manager. It has also been executed by the Employee on the date first
above written.
CITY OF ROHNERT PARK
By:
Darrin Jenkins,
City Manager
EMPLOYEE:
By:
Brian Masterson
Per Resolution Number 2014 -
adopted by City Council on October 14, 2014.
Approved as to form:
By:
Michelle Marchetta Kenyon
City Attorney
Attest
City Clerk
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