2024/11/19 City Council Resolution 2024-103 RESOLUTION NO. 2024-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING THE FOURTH AMENDMENT TO THE
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND
TIMOTHY S. MATTOS FOR PUBLIC SAFETY DIRECTOR SERVICES
WHEREAS,on December 28, 2018,the City entered into an Employment
Agreement with Timothy S. Mattos("Employment Agreement")to retain his services as the
Public Safety Director; and
WHEREAS, on November 24,2019,the City entered into a First Amendment to
Employment Agreement with Timothy S. Mattos to modify the compensation provision of
the Employment Agreement; and
WHEREAS, on June 26, 2021,the City entered into a Second Amendment to
Employment Agreement with Timothy S. Mattos to modify the compensation provision of
the Employment Agreement; and
WHEREAS, on November 23, 2021, the City entered into a Third Amendment to
Employment Agreement with Timothy S. Mattos to modify the compensation provision of
the Employment Agreement; and
WHEREAS,the City and Timothy S. Mattos desire to further amend the
Employment Agreement to modify the terms and conditions of Timothy S. Mattos'
employment as Public Safety Director.
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of
Rohnert Park that it does hereby authorizes and approves the Fourth Amendment to
Employment Agreement between the City of Rohnert Park and Timothy S. Mattos for Public
Safety Director Services in substantially the same form attached hereto as Exhibit"A",
subject to minor modifications by the City Attorney,which is 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 this 19th d., of ovember 2024.
C ' F ' 1 HNERT PARK
ATTEST: Sus. !Adams, Mayor
Elizabeth Machado, Assistant City Clerk -
APPROVED AS TO FORM:
SEE A-TTAdwEb
Michelle M. Kenyon, City Attorney
Attachments: Exhibit A y�
ELWARD: ate. RODRIGUEZ: Ort4t SANBORN: a GIUDICE: PI-Lie. ADAMS:
AYES: (5 ) NOES: ( sy) ABSENT: (0 ) ABSTAIN: ( )
RESOLUTION NO.2024-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING THE FOURTH AMENDMENT TO THE
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND
TIMOTHY S. MATTOS FOR PUBLIC SAFETY DIRECTOR SERVICES
WHEREAS, on December 28, 2018, the City entered into an Employment
Agreement with Timothy S. Mattos ("Employment Agreement") to retain his services as the
Public Safety Director; and
WHEREAS, on November 24, 2019, the City entered into a First Amendment to
Employment Agreement with Timothy S. Mattos to modify the compensation provision of
the Employment Agreement; and
WHEREAS, on June 26, 2021, the City entered into a Second Amendment to
Employment Agreement with Timothy S. Mattos to modify the compensation provision of
the Employment Agreement; and
WHEREAS, on November 23, 2021, the City entered into a Third Amendment to
Employment Agreement with Timothy S. Mattos to modify the compensation provision of
the Employment Agreement; and
WHEREAS, the City and Timothy S. Mattos desire to further amend the
Employment Agreement to modify the terms and conditions of Timothy S. Mattos'
employment as Public Safety Director.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rohnert Park that it does hereby authorizes and approves the Fourth Amendment to
Employment Agreement between the City of Rohnert Park and Timothy S. Mattos for Public
Safety Director Services in substantially the same form attached hereto as Exhibit "A",
subject to minor modifications by the City Attorney, which is 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 this 19th da/of November 2024.
ATTEST:
Elizabedi Machado, Assistant City Clerk
AP ROVED AS TO FORM:
Michelle M. KenyVn, City Attorney
Attachments: Exhibit A
HNERT PARK
Adams, Mayor
ELWARD: A RODRIGUEZ: wAAeSANBORN: iar4E GIUDICE: PrW= ADAMS:
AMS: ( 5 1 NOES:-( 0O ASSENT:( 0 ) ABSTAIN: (0 (
EXHIBIT "A"
FOURTH AMENDMENT TO
EMPLOYMENT AGREEMENT
Between
CITY OF ROHNERT PARK AND TIMOTHY S. MATTOS
1. PARTIES AND EFFECTIVE DATE
The parties to this Fourth Amendment to Employment Agreement ("Fourth Amendment")
are the City of Rohnert Park ("City") and Timothy S. Mattos ("Employee"). The effective date of
this Fourth Amendment shall be December 1, 2024.
2. PURPOSE
The parties have previously entered into an Employee Agreement between City of
Rohnert Park and Timothy S. Mattos ("Employment Agreement") effective as of December 28,
2018. On November 24, 2019, the City entered into a First Amendment to Employment
Agreement with Timothy S. Mattos to modify the compensation provision of the Employment
Agreement. On June 6, 2021, the City entered into a Second Amendment to Employment
Agreement with Timothy S. Mattos to modify the compensation provision of the Employment
Agreement. On December 5, 2021, the City entered into a Third Amendment to Employment
Agreement with Timothy S. Mattos to modify the compensation provision of the Employment
Agreement. The Employment Agreement as amended by the Third Amendment to the
Employment Agreement shall be referred to as the "Amended Employment Agreement." The
City and Employee hereby desire to amend the Amended Employment Agreement as set forth
below.
3. AMENDMENT TO SECTION 2
Section 2 of the Amended Employment Agreement is hereby modified in its entirety to
read as follows:
2. TERM
This agreement commences and is effective on December 1, 2024 ("Commencement
Date") after being approved by the City Council and after being executed both by Employe and
the City Manager.
4. AMENDMENT TO SECTION 3
Section 3(a) of the Amended Employment Agreement is hereby modified in its entirety to
read as follows:
3. COMPENSATION AND BENEFITS.
(A) Base Salary. Employee shall be entitled to the following salary adjustments:
$255,661.05 base salary (which represents a 3.0% increase from the previous year) effective the
first day of the first pay period which includes January 1, 2025. Any adjustments to Employee's
base salary or compensation will be obtained through negotiations with the City Manager. The
City Manager shall have sole discretion in determining the amount and timing of any increases to
Employee's base salary, including, but not limited to, whether and to what extent such increases
will be retroactive in effect.
(B.2) Mattos shall be entitled to accrue the same Annual Leave hours and Administrative
Leave hours provided to the Rohnert Park Public Safety Managers' Association in accordance
with the Memorandum of Agreement, effective June 22, 2021 — June 30, 2025. Mattos may
accumulate annual leave hours up to a maximum of 600 hours. Accrual shall cease until the
annual leave balances falls below the cap.
(B.3) City acknowledges that Mattos has submitted a valid Peace Officers Standards and
Training (P.O.S.T.) Executive Certificate and agrees to pay Mattos a P.O.S.T. Certification
Stipend in the amount of nine percent (9.0%) of base salary per month.
4. GENERAL PROVISIONS
A. This Fourth Amendment consists of pages 1 through 3 inclusive and constitutes the
entire understanding and agreement of the parties and supersedes all negotiations or previous
agreements between the parties with respect to all or any part of the terms discussed in this
Fourth Amendment.
B. Except as specifically modified herein, all remaining terms and obligations set forth in
the Amended Employment Agreement between the City of Rohnert Park and Employee shall
remain in full force and effect.
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 Employee.
CITY OF ROHNERT PARK
13v:
Sylvia Lopez
City Clerk
Marcela Piedra
City Manager
Per Resolution No. 2024-_ adopted by the
Rohnert Park City Council on November 19,
2024
EMPLOYEE
j, By:
Timothy M