2026 Newell, David - D&D Director Employment AgreementAT WILL EMPLOYMENT AGREEMENT
This AT WILL EMPLOYMENT AGREEMENT ("Agreement') is made and entered
into this 5th day of January 2026 (the "Effective Date"), by and between the City of
La Quinta, a California municipal corporation and charter city (the "City" or "Employer"),
and David Newell, an individual (the "Employee"), both of whom understand as follows:
WITNESSETH:
WHEREAS, the City desires to employ the services of Employee as the Design
and Development Director as defined by the job description referenced herein; and
WHEREAS, it is the desire of the City to establish certain conditions of employment
and to set working conditions of Employee; and
WHEREAS, Employee desires to accept employment as the Design and
Development Director.
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 Design and Development
Director of said City to perform the functions and duties specified in the City of La Quinta
Class Specification — Director assigned to Design and Development Director 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 shall commence services as the Design and Development
Director on January 5, 2026, which shall also be deemed the effective date of this
Agreement.
B. Nothing in this 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 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 Agreement.
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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 City Clerk 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 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 P
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 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 Agreement shall prohibit Employer from imposing discipline
less than termination upon Employee, including written reprimands, suspensions, or
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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 Agreement, reduces the salary or other financial benefits of Employee (other than a
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
Agreement, then Employee shall give Employer at least thirty (30) day 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. Sala
A. Employer agrees to pay Employee for his services rendered pursuant
thereto at Step 8 of DBM Salary Rating E82 ($206,188.79 annually), as noted in the Fiscal
Year 2025/26 salary schedule payable in equal installments at the same time as other
employees of the Employer are paid. Salary may be adjusted in accordance with Section
6.B. hereinafter (if not at top step), or as adjustments are made to the Salary Schedule
for all City employees.
B. A probationary performance and salary evaluation shall be conducted
twelve (12) months following the date of the initial hire, based, in part. on Employee's
successful crafting and implementation the Performance -Based Metrics outlined on
Exhibit A of this Agreement.
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An annual performance and salary evaluation shall be conducted on the anniversary date
of the date of hire each year thereafter. All performance and salary evaluations shall be
conducted in accordance with the City's Personnel Rules. During the annual performance
and salary evaluation, the City Manager and the Employee shall develop performance -
based compensation metrics upon which the Employee's performance and compensation
adjustments shall be based.
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 8, below.
Section 8. Vacation, Sick Leave and Administrative Leave.
A. Sick Leave: Provided in accordance with the Personnel Rules
B. Vacation Leave: 160 hours annually, accrued each pay period to total 160
hours per year.
C. Administrative Leave: 80 hours annually, in accordance with Personnel
Rules.
Section 9. Other Benefits.
Employee shall be provided with the same health, dental, vision, life insurance and
retirement benefits as other general employees of the City. Employee may also receive
an annual physical examination at City expense.
Section 10. Other Terms and Conditions of Employment.
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 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 may be 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 11. Sole Riahts.
The severance rights provided in Section 4.A shall constitute the sole and only
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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 12. Notices.
Notices pursuant to this 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
78-495 Calle Tampico
La Quinta, CA 92253
EMPLOYEE: David Newell
78-495 Calle Tampico
La Quinta, CA 92253
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 13. General Provisions.
A. This Agreement shall constitute the entire agreement between the parties.
No prior oral or written communications are incorporated herein.
B. This 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 Agreement is held
unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion
thereof, shall be deemed severable, shall not be affected and shall remain in full force
and effect.
D. This 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.
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IN WITNESS WHEREOF, the City of La Quinta has caused this Agreement to be
dated, signed and executed in its behalf by its City Manager, and duly attested by its City
Clerk, and the Employee has dated, signed and executed this Agreement, both in
duplicate, to become effective as of the Effective Date.
EMPLOYER:
CITY OF LA QUINTA
By:
Men, City Manager
Date: /Z 1 12-(,
ATTEST:
Monika Radef va ¢ity Cle
Date: 1 Ott
APPROVED AS TO FORM
-
William H. Ihrke, City Attorney
Date:
EMPLOYEE:
;a?vidNewell
Date:
IL/Zie
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Exhibit "A"
Performance -Based Metrics
Commencing on the date of hire, and following the completion of a three-month
departmental assessment period, the City Manager and the Employee shall jointly
develop a Performance and Development Plan. This plan will set forth mutually
agreed -upon goals and objectives and will serve as the framework for the Employee's
performance expectations and professional growth throughout the remainder of the
probationary period defined herein.
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CONSENT CALENDAR ITEM NO. 16
City of La Quinta
CITY COUNCIL MEETING: January 20, 2026
STAFF REPORT
AGENDA TITLE: APPROVE EMPLOYMENT AGREEMENT WITH DAVID NEWELL TO
SERVE AS DESIGN AND DEVELOPMENT DIRECTOR
RECOMMENDATION
Approve At -Will Employment Agreement with David Newell to serve as Design and
Development Director; and authorize the City Manager to execute the agreement.
EXECUTIVE SUMMARY
• The recruitment for the Design and Development Director, conducted by Teri Black
and Company, included an extensive nationwide search and targeted outreach to
highly qualified candidates.
• The recruitment process concluded in early November and resulted in the selection
of David Newell as the top candidate.
• If approved by Council, the At -Will Employment Agreement between the City of La
Quinta and David Newell will be executed by the City Manager as attached
(Attachment 1).
FISCAL IMPACT
Base annual salary is $206,188.79 in accordance with the adopted Fiscal Year 2025/26
salary schedule and is budgeted in Salaries and Benefits Account No. 101-6001-50101.
BACKGROUND/ANALYSIS
The At -Will Employment Agreement (Agreement), dated January 5, 2026, appoints
David Newell to serve as Design & Development Director. The Agreement has
standard terms and conditions, such as base pay, work hours, specified leaves,
and severance provisions. The Agreement also establishes an internal department
assessment period, after which the City Manager and the Design and Development
Director will develop goals and objectives to serve as the framework for performance
expectations.
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ALTERNATIVES
Staff does not recommend any other alternatives. Exploring alternatives outside the
recommendation could disrupt staffing continuity and affect departmental operations.
Prepared by: Alcadia Carla Triplett, Human Resources Deputy Director
Approved by: Jon McMillen, City Manager
Attachment: 1. Employment Agreement with David Newell