2012 McKinney, Bryan - Employment AgreementAMENDED AND RESTATED AT WILL EMPLOYMENT AGREEMENT
This AMENDED AND RESTATED AT WILL EMPLOYMENT IGREEMENT (the
"Amended Agreement") is made and entered into this � day of�
2012 (the "Effective Date"), by and between the City of La Quinta, a public body (the "City" or
"Employer"), and Bryan McKinney, an individual (the "Employee"), both of whom understand
as follows:
WITNESSETH:
WHEREAS, the City has employed Employee as the Principal Engineer as defined by
the Employment Agreement entered into on the 15s' day of September, 2006; and
WHEREAS, it is the desire of the City to comply with the statuary requirements of AB
1344 and to update the original Employment Agreement through this Amended Agreement,
which will completely replace the original Employment Agreement; and
WHEREAS, Employee desires to accept the changes required by statute and the updated
Amended Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
Section 1. Duties.
Employer hereby agrees to employ said Employee as Principal Engineer of said City to perform
the functions and duties specified in the Job Description herein attached as Exhibit A and as
provided by state or federal law and to perform other legally permissible and proper duties and
functions as the City Manager shall from time to time assign.
Section 2. Term.
A. Employee commenced services as Principal Engineer on September 15, 2006,
which shall also be deemed the original hire date of Employee.
B. Nothing in this Amended Agreement shall prevent, limit or otherwise interfere
with the right of the City Manager acting for the City to terminate the services of Employee at
any time, with or without cause subject only to the provisions set forth in Section 4, paragraphs
A and B, of this Agreement. Employee is an "AT WILL" employee serving at the pleasure of
the City Manager and subject to summary dismissal without any right of pre- or post -termination
hearing, or any other form of due process, including any Skelly hearing.
C. Nothing in this Amended Agreement shall prevent, limit or otherwise interfere
with the right of the Employee to resign at any time from his position with Employer, subject
only to the provisions set forth in Section 4, paragraph E, of this Amended Agreement.
D. Employee, with prior written approval of the City Manager, may undertake
outside professional activities for compensation, including consulting, teaching, speaking and
writing provided they do not interfere with Employee's normal duties and are done only during
vacation or other unpaid time of Employee and are not done with any existing vendors or
contractors of the City. Under no circumstances shall such outside activities create a conflict of
interest with the duties of the Principal Engineer and the interests of the City.
Section 3. Administrative Leave With Pay.
Employer may place Employee on Administrative Leave With Pay at any time while
employed under this Amended Agreement. Employee shall be entitled to full pay and benefits
during this time. However, if the purpose of placing Employee on Administrative Leave With
Pay is to conduct an investigation into potential wrongdoing, and after that investigation,
Employee is convicted of a crime involving abuse of his office or position, then pursuant to
Government Code Section 53243, Employee shall be required to fully reimburse Employer for
any salary or benefits received while on Administrative Leave With Pay. "Abuse of office or
position" shall be as defined in Government Code Section 53243.4, as may be amended.
Section 4. Discipline. Termination and Severance Pay.
A. In the event Employee is terminated by the City Manager during such time that
Employee is willing and able to perform his duties under this Amended Agreement, Employee
agrees that City Manager will furnish notice of termination at least thirty (30) days prior to the
effective date of termination and Employer agrees to pay Employee a lump sum cash payment
equal to six (6) month's base salary. Pursuant to Government Code Section 53243.2, if
Employee is later convicted of a crime involving abuse of office or position, then any severance
paid under this Section 4.A shall be returned by Employee to Employer.
B. Employee may be terminated at any time for willful misconduct or abuse of his
office or position. The determination of what constitutes willful misconduct shall be within the
sole discretion of the City Manager; provided that it shall relate to the welfare of the City.
Willful misconduct includes conduct directly related to conduct in office and the duties in office.
It includes the refusal to follow the lawful directions of the City Manager. It also includes
conduct not directly related to the performance of the official duties of the office when such
conduct has a direct and harmful effect on the welfare or reputation of the City. Evidence of such
direct and harmful effects includes, but is not limited to, conviction of a felony or a crime of
moral turpitude. Abuse of office or position shall be as defined in Government Code Section
53243.4, as may be amended. In the event that Employee is terminated for willful misconduct or
abuse of office or position, Employer shall have no obligation to pay, and shall be prohibited
from paying, the severance sum designated in Section 4.A above, or any severance sum at all.
C. Nothing in this Amended Agreement shall prohibit Employer from imposing
discipline less than termination upon Employee, including written reprimands, suspensions, or
reductions in pay. Employee shall not be entitled to any due process as a result of the
implementation of discipline less than termination, and imposing lesser discipline does not in any
way change Employee's At -Will status.
D. In the event: (1) Employer, at any time while Employee is employed under this
Amended Agreement, reduces the salary or other financial benefits of Employee (other than a
2
suspension of five (5) working days or less or a temporary reduction in salary of thirty (30) days
or less) in a greater percentage than an applicable across-the-board reduction of all employees of
Employer; or (2) Employer refuses, following written notice, to comply with any other provision
benefiting Employee herein; or (3) Employee resigns following a formal suggestion by the City
Manager that he resign, then Employee may elect to be "terminated" as of that time, and shall be
entitled to the severance provisions of Section 4.A above.
E. If Employee voluntarily resigns his position while employed under this Amended
Agreement, then Employee shall give Employer at least thirty (30) days advance written notice,
unless the parties agree otherwise, and Employee shall not be entitled to any severance pay.
Section 5. Disability.
If Employee is permanently disabled or is otherwise unable to perform his duties because
of sickness, accident, injury, mental incapacity or health for a period of six successive weeks
beyond any accrued sick leave or for the legal duration of the Family & Medical Leave Act
(whichever is greatest), Employer shall have the option to terminate this Agreement.
Termination pursuant to this Section would not subject the City to payment of severance benefits
as specified under Section 4 above. However, Employee shall be compensated for any accrued
vacation, sick leave, holidays, administrative leave and other accrued benefits on the same basis
as any other employee of the City pursuant to the Personnel Rules.
Section 6. Salary.
A. Under the Employment Agreement, Employer agreed to pay Employee for his
services rendered pursuant thereto at the starting salary of Range 82 Step D ($111,720 annually,
as noted in the Fiscal Year 2006/2007 salary schedule) payable in equal installments at the same
time as other employees of the Employer are paid. Employee is now at Range 82 Step E,
($127,299.95). Salary may be adjusted in accordance with Section 6.13. hereinafter (if not at Step
E), or as adjustments are made to the Salary Schedule for all City employees.
B. An annual performance and salary evaluation shall be conducted twelve (12)
months following the date of the initial hire, and each year thereafter. All performance and
salary evaluations shall be conducted in accordance with the City's Personnel Rules.
Section 7. Hours of Work.
It is recognized that Employee must devote time outside the normal office hours to
business of the Employer. Administrative leave shall be as provided in the City Personnel Rules
and Section 9, below.
Section 8. Automobile.
Employee shall provide his own automobile for use in conducting City business. City
shall provide a $200/month automobile allowance as well as gas and maintenance reimbursement
pursuant to the City approved policy.
Section 9. Vacation, Sick Leave and Administrative Leave.
Employee shall accrue, and have credited to his personal account, vacation and sick leave
as provided for the Principal Engineer pursuant to the Personnel Rules. Employee shall receive
forty (40) hours of Administrative Leave per year in accordance with the Personnel Rules.
Section 10. Other Benefits.
Employee shall be provided with the same health, dental, vision, life insurance and
retirement benefits as other general employees of the City.
Section 11. Other Terms and Conditions of Emolovment.
A. The City Manager, in consultation with Employee, shall fix any such other
terms and conditions of employment, as it may determine from time to time, relating to the
performance of Employee, provided such terms and conditions are not inconsistent with or in
conflict with the provisions of this Amended Agreement, the City's Municipal Code or any
applicable state or federal law.
B. All regulations and rules of the Employer relating to vacation and sick
leave, retirement and pension system contributions, holidays and other fringe benefits and
working conditions as they now exist or hereafter maybe amended, shall also apply to Employee
as they would to other full-time employees of Employer, in addition to the benefits specifically
set forth herein for the benefit of Employee.
Section 12. Sole Rights.
The severance rights provided in Section 4.A shall constitute the sole and only
entitlement of Employee in the event of termination, other than for willful misconduct or abuse
of power or office, and Employee expressly waives any and all other rights except as provided
herein.
Section 13. Notices.
Notices pursuant to this Amended Agreement shall be given by: (1) email with
verification of delivery; (2) facsimile transmission with confirmation; (3) personal delivery: (4)
overnight delivery service with conformation; or (5) deposit in the custody of the United States
Postal Service, postage prepaid, addressed as follows:
EMPLOYER: CITY OF LA QUINTA
Post Office Box 1504
La Quinta, California 92247-1504
EMPLOYEE: Mr. Bryan McKinney
24206 Fawnskin Drive
Corona, CA 92882
Notice shall be deemed given as of the date of personal, overnight delivery, email, or
facsimile service or as of the date of deposit of such written notice in the course of transmission
in the United States Postal Service.
Section 14. General Provisions.
A. This Amended Agreement shall constitute the entire agreement. between the
parties. No prior oral or written communications are incorporated herein.
B. This Amended Agreement shall be binding upon and inure to the benefit of the
heirs at law and executors of Employee.
C. If any provision, or any portion thereof, contained in this Amended Agreement is
held unconstitutional, invalid or unenforceable, the remainder of this Amended Agreement, or
portion thereof, shall be deemed severable, shall not be affected and shall remain in full force
and effect.
D. This Amended Agreement may be signed in counterparts with signature pages
transmitted by email, facsimile, personal delivery or overnight delivery, all of which will be
treated as originals.
E: Upon the execution of this Amended Agreement by the City and Employee, the
original Employment Agreement shall be of no further force and effect and shall be replaced in
its entirety by this Amended Agreement.
IN WITNESS WHEREOF, the City of La Quinta has caused this Amended Agreement to
be dated, signed and executed in its behalf by its Interim City Manager, and duly attested by its
Interim City Clerk, and the Employee has dated, signed and executed this Amended Agreement,
both in duplicate, to become effective as of the Effective Date.
EMPLOYER:
CITY OF LA QUINTA
By: V s— � a---_
Its: Interim City Manager
Date: q-30 -12
Mark Weiss
Interim City Manager
ATTEST:
Susan Maysels, Interim City Clerk
Date: 0� 0 2 • Zo !Y
APPROVED AS TO FORM:
EMPLOYEE:
Date: Zf 'Z( - / 2-
THE CITY OF LA QUINTA
PRINCIPAL ENGINEER
GENERAL STATEMENT OF JOB
Under general direction, plans, assign and reviews engineering work as the
manager of a major section of the Public Works Department; assists in the
development and implementation of Department policies and programs, and does
related work as required.
DISTINGUISHING CHARACTERISTICS
This job class functions at the principal level of the engineering series as a section
manager. Employees in this classification exercise independent judgment in
negotiating, prioritize project activities, ensure coordination with other Department
divisions other departments and outside agencies in accordance with project goals
exercise budget controls. Supervise engineering and support staff.
REPORTS TO: Director of Public Works/City Engineer.
ESSENTIAL FUNCTIONS
The following duties are normal for this position. These are not to be construed as
exclusive or all-inclusive. Other duties may be required and assigned.
➢ Plan, organize, direct and review the work of engineering staff and support
staff in the development of in-house projects and performs a broad range of
advanced level professional engineering design and management of public
works infrastructure and improvement projects;
➢ Participate in the development and implementation of goals, objectives,
policies, procedures and priorities;
➢ Participate in the development and administration of Capital Improvement
Programs including the development of related budgetary information,
oversees construction inspection activities and approves progress payments
and change orders as required;
➢ Determine scope of engineering projects; prepares requests for proposals and
contracts for consulting services, reviews the work completed by consulting
engineers and other contractors;
➢ Review and process engineering plans for private developments affecting
streets, sewers, storm drains and related facilities, and ensure the plans
meet City standards;
➢ Prepare a variety of documents and reports including agenda, project reports,
grant applications for funding and maintain related records;
➢ Review and approve final plans and specifications for street improvements;
➢ Attend meetings to review and make recommendations on proposed
projects;
➢ Assign, review and evaluate the work of subordinate staff and recommend
related employment actions;
➢ Provide information to the public in response to inquires and complaints and
make public presentations;
➢ Participate in the development and implementation of engineering division
goals and objectives; implement policies and procedures related to assigned
operations unit;
➢ Perform various related essential duties as required.
MINIMUM TRAINING AND EXPERIENCE
Graduation from a recognized four year college or university with specialization in
civil engineering; five years professional civil engineering experience in the
municipal field, including supervision. Additional qualifying experience may be
substituted for up to two years of the required education on a year -for -year basis.
Required Licenses and Certification
Possession of, or ability to obtain, a valid Class C California Driver's License; and
possession of or ability to obtain within one year Professional Engineering
registration as a Civil Engineer by the State of California.
KNOWLEDGE AND ABILITIES
REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS
Knowledge of:
• Advanced principles and practices of civil and structural engineering;
• Principal practices of project management;
• Pertinent Federal, State and local rules, regulations and ordinances;
• Principles of organization, administration, budget and personnel
management;
• Administration as applied to the design and construction of public works
facilities and technical inspection services;
• All types of building construction materials and methods, and of stages of
construction when possible violations and defects may be most easily
observed and corrected;
• Recent developments, current literature and sources of information in
municipal public works administration;
• Accepted safety standards;
• City building and zoning codes and related laws and ordinances;
• The California Subdivision Map Act;
Physical Requirements:
• Ability to operate a variety of engineering equipment, including a personal
computer and peripheral equipment, calculator, and engineering scales;
• Ability to use fine and gross motor coordination in performing data entry and
in driving a car;
• Ability to exert light physical effort in sedentary to light work involving
sitting and walking or moving from one place to another;
City of La Quinta: Principal Engineer
• Ability to exert a negligible amount of force periodically to lift, carry, push,
pull, or otherwise move objects;
• Ability to perceive and differentiate color, texture and shapes.
Supervisorial Responsibilities:
• Manage large and complex engineering projects including the supervision of
professional, technical, support staff and consulting staff;
• Ability to conduct comprehensive engineering studies and analyze problems
and identify alternative solutions;
• Ability to provide instruction and guidance to staff; and promote staff
development and motivation; and analyze problems that arise in the areas
under supervision and recommend solutions;
• Ability to recommend the discipline or discharge of staff, approve transfers
or promotion of employees;
• Ability to prepare related reports and maintain comprehensive records
• Ability to assess the work of employees and write performance appraisals.
Mathematical Ability:
• Ability to measure distance using scales and calculate averages and sizes;
• Ability to calculate and apply a variety of formulas and statistics.
Judgment and Situational Reasoning Ability:
• Ability to apply principles of rational systems such as interpreting and
applying complex engineering principles;
• Ability to use independent judgment in periodically non routine situations,
such as in setting of subdivision security amounts and approving completed
subdivisions;
• Perform complex plan review engineering work.
Language Ability and Interpersonal Communication:
• Ability to comprehend and correctly use a variety of informational documents
including City Council reports, expenditure reports, purchase order requests,
engineers reports, plans and specifications, invoices, employee evaluations
and customer complaints;
• Ability to prepare budget, executive summaries, City Council reports,
employee performance evaluations, cooperative agreements and
specifications using prescribed format and conforming to all rules of
punctuation, grammar, diction and style;
• Ability to comprehend a variety of reference books and manuals including
state standard specifications and details, traffic manual, highway design
manual, municipal code, streets and highway code, Subdivision Map Act,
and computer manuals;
• Ability to communicate and maintain effective working relationships with
local residents, Planning Commission members, attorney, consultants,
coworkers, City Manager, contractors, and other City personnel verbally and
in writing;
City of La Quinta: Principal Engineer
e Ability to prepare and present accurate and concise reports to Commissions
and the City Council
Environmental Adaptability:
e Ability to work primarily in an office environment.
The City of La Quinta is an Equal Opportunity Employer. In compliance with the
Americans With Disabilities Act, La Quinta will provide reasonable accommodations
to qualified individuals with disabilities and encourages both prospective employees
and incumbents to discuss potential accommodations with the employer.
November 2005
City of La Quinta: Principal Engineer