2006 McKinney, Bryan - Employment AgreementEMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (the "Agreement") is made and entered into this
DATE day of September 15, 2006, by and between the City of La Quinta, a public body (the
"City" or "Employer"), and Bryan McKinney, an individual (the "Employee").
WITNESSETH:
WHEREAS, the City desires to employ the services of Employee as Principal Engineer as
defined by the Job Description attached hereto as Exhibit A; and
WHEREAS, it is the desire of the City to establish certain conditions of employment and to
set working conditions of said Employee; and
WHEREAS, Employee desires to accept employment as Principal Engineer of said City.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as follows:
Section 1. Duties.
Employer hereby agrees to employ Employee as Principal Engineer of the 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 shall commence his services hereunder on September 11, 2006, 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, or lesser forms of discipline, without any right of hearing, including
any Skelly hearing. Only the City Manager can alter this AT -WILL status of Employee, which must
be in writing and signed by the parties.
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 provision set
forth in Section 4, paragraph C, of this 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 non -duty
hours, vacation or holiday 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 Employee and the interests of the City.
Section 3. Administrative Leave
Employer may place Employee on administrative leave with full pay and benefits at any time
during the term of this Agreement.
Section 4. 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 Agreement, Employer agrees that the
City Manager will furnish notice of the termination before the effective date, and agrees to pay
Employee a lump sum cash payment equal to three month's salary.
In the event Employee is terminated for willful misconduct, Employer shall have no obligation to pay
the severance sum designated in subparagraph A above. 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 the duties of
the 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 of the City. Evidence of such direct and
harmful effects includes but is not limited to, conviction of a felony.
B. In the event Employer at any time reduces the salary or other financial benefits of
Employee in a greater percentage than an applicable across-the-board reduction for all employees of
Employer, or the Employee resigns following a formal suggestion by the City Manager that he
resign, then, in that event, Employee may, at his option, be deemed to be "terminated" at the date of
such reduction or such refusal to comply within the meaning and context of the severance pay
provision in subparagraph A above.
C. In the event Employee elects to voluntarily resign his position with Employer, then
Employee I shall give Employer thirty (30) days written notice in advance, unless the parties otherwise
agree, and Employee shall receive no 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 subject to the Americans with
Disabilities Act (ADA) or other applicable law. Termination pursuant to Section 5 would not subject
the City to payment of severance benefits as specified under Section 4.A above. However, Employee
shall be compensated for any accrued vacation, 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. Sam.
A. Employer agrees to pay Employee for services rendered pursuant hereto the salary of
$ 111,720 annually (Range 82, Step D) payable in equal bi-weekly installments at the same time as
other employees of the Employer are paid. Salary may be adjusted in accordance with Section 6. B.
hereinafter, or as adjustments are made to the salary schedule for all non -represented City employees.
B. An annual performance evaluation and salary review shall be conducted twelve (12)
months following the date of the initial hire, and each year thereafter. All performance evaluation
and salary reviews 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 Section 9 below.
Section 8. Automobile.
Employee shall provide his own automobile for use in performing services for the City. City
shall provide a $200.00/month automobile allowance as well as gas and maintenance reimbursement
pursuant to the City approved policy.
Section 9. Vacation Administrative Leave and Sick Leave.
Employee shall accrue, and have credited to his personal account, vacation and sick leave as
provided for in 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 Employment.
A. The City Manager, in consultation with the Employee, shall fix any other terms and
conditions of employment, as may be determined 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 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 for non -represented employees as they now exist or hereafter may be amended, also shall
apply to Employee as they would to other non -represented employees of Employer, in addition to
benefits set forth specifically for Employee as herein provided.
Section 12. Sole Rights.
The severance rights provided in Section 4 shall constitute the sole and only entitlement of
the Employee in the event of termination, other than for cause, and the Employee expressly waives
any and all other rights except as provided herein.
Section 13. Notices.
Notices pursuant to this Agreement shall be given by 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: Bryan McKinney
518 Rembrandt Drive
Corona, CA 92882
Alternatively, notices required pursuant to this Agreement may be personally served in the
same manner as is applicable to civil judicial practice or served by fax, e-mail, or overnight delivery.
Notice shall be deemed given as of the date of personal service or fax or e-mail transmission, or as of
the date of deposit of such written notice in the course of transmission in the United States Postal
Service, or overnight delivery service.
Section 14. General Provisions.
A. This Agreement shall constitute the entire Agreement between the parties, and
supersedes any other oral or written agreement between the parties.
B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and
trustees or executors of any estate 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.
IN WITNESS WHEREOF, the City has caused this Agreement to be signed and executed on
its behalf by its City Manager, duly attested by its City Clerk, and the Employee has signed and
executed this Agreement, both in duplicate, as of the day and year first above written.
ATTEST:
Deborah H. Powell
Interim City Clerk
APPROVED AS TO FORM:
Rutan & Tucker, LLP
Bye'
M. Katherine Jenson
City Attorney
EMPLOYER:
CITY OF LA QUINTA
1
Thomas P. Genovese
Its: City Manager .301,6
EMPLOYEE:
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; 5 years professional civil engineering experience in the municipal
field, including supervision. Additional qualifying experience may be substituted for
up to 2 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 Drivers License.
• Possession of or ability to obtain within one (1) 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;
• 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;
• Ability to prepare and present accurate and concise reports to
Commissions and the City Council.
Environmental Adaptability:
• 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