HomeMy WebLinkAboutR-2012-046 Police Chief Employment Agreement - Dominic Rizzi, Jr.RESOLUTION NO. R-2012-46
A RESOLUTION authorizing the Interim City Manager to agree to special employment
contract terms providing for severance compensation and health care
allowance as part of the employment agreement between Dominic
Rizzi, Jr. and the City thereby formalizing the hiring of Dominic Rizzi, Jr
as the new Yakima Chief of Police
WHEREAS, Dominic Rizzi, Jr. has been selected by Michael Morales, Interim
City Manager to become the City's new Chief of Police, and
WHEREAS, the Interim City Manager has negotiated with Mr. Rizzi on the
terms of Mr. Rizzi's employment with the City and has reached agreement on those
terms, and
WHEREAS, because Mr Rizzi is relocating from Chicago, Illinois to begin his
new position with the City and wishes to provide some security to himself and his
family for committing to this relocation through a severance agreement with the City
in the event his employment was to be terminated by the City without cause, and
WHEREAS, the Interim City Manager finds it to be appropriate to approve a
reasonable severance agreement with Mr Rizzi for 6 months of salary compensation
if Mr. Rizzi's position was to be terminated by the City without cause; and
WHEREAS, City ordinances do not presently provide for severance terms in
a City employee's employment agreement and therefore approval of a severance
provision requires specific City Council authorization, and
WHEREAS, Mr. Rizzi has advised the City that he is already a participant in a
medical health plan from his previous employment that he would like to maintain
following his relocation to Yakima until such time as he is fully
vested in that plan at which time he would no longer have to pay any cost toward
maintaining personal health care coverage; and
WHEREAS, in order to accommodate this request Interim City Manager Michael
Morales would like the City Council's approval to allow Mr. Rizzi to maintain his present
health care plan with the City contributing the same value toward the cost of that plan as the
City would otherwise have paid toward his health care under the City Health Care Plan until
such time as Mr Rizzi's health care plan is vested, after which time the City's contributed
allowance would cease; and
WHEREAS, the City Council finds it to be in the best interest of the City to approve
the severance and health care allowances set forth in the attached Yakima Police Chief
Employment Agreement; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Interim City Manager of the City of Yakima is hereby authorized to include in the
Yakima Police Chief Employment Agreement the provisions for severance compensation
and health care cost contributions that are part of the attached and incorporated Yakima
Police Chief Employment Agreement between the City and Dominic Rizzi, Jr., as
reasonable and appropriate provisions of said employment agreement.
ADOPTED BY THE CITY COUNCIL this 3rd day of April, 2012.
ATTEST
4i,t)
Micah Cawley, ayor
EMPLOYMENT AGREEMENT FOR POLICE CHIEF
OF THE CITY OF YAKIMA POLICE DEPARTMENT
THIS EMPLOYMENT AGREEMENT (hereafter referred to. as "Agreement"), is by and
between the City of Yakima, Washington, a Washington municipal corporation (hereafter
referred to as "City"), and Dominic Rizzi; Jr. (hereafter referred to by name, as "Police Chief",
or as "employee").
WHEREAS, pursuant to RCW 35.1.8.060, Yakima Municipal Code ("YMC") 1.18.010,
and Article H of the City Charter of the City of Yakima (hereafter referred to as the "City
Charter"), the City Manager of the City of Yakima desires to employ Dominic Rizzi, Jr. as
Police Chief of the City of Yakima Police Department; and
WHEREAS, the City desires to provide for certain benefits and compensation for the
Police Chief and to establish conditions of employment applicable to the Police Chief; and
WHEREAS, Dominic Rizzi, Jr. desires to accept employment as Police Chief of the City
of Yakima Police Department under the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual promises as set forth in this
Agreement, the parties agree as follows:
Section 1. Employment and Duties.
A. Dominic Rizzi, Jr. is appointed as Police Chief effective on the date provided in Section 2
and under the terms of this Agreement,and agrees to accept employment with the City in
the position of Police Chief. The Police Chief shall have the duties, responsibilities and
powers of said office as set forth in the City of Yakima Class Specification for Police
Chief, which is attached as Exhibit A, and under Washington law, the Yakima Municipal
Code, the City Charter, and he shall perform such other legally permissible and proper
duties and functions as the City Manager shall from time to .time assign. The Police
Chief shall follow the City of Yakima administrative policies and. procedures. The Police
Chief agrees to perform all duties and responsibilities faithfully, industriously, and to the
best of his ability and in a professional and competent manner.
B. The Police Chief shall obtain a Basic Law Enforcement Certificate of Equivalency; in
accord with WAC 139-05-210, from the Washington State Criminal Justice System by
attending and completing the first program available after the effective date of his
employment.
C. The Police Chief shall remain in the exclusive employ of the City and shall devote all
such time, attention; knowledge and skills necessary to faithfully perform his duties under
this Agreement. The Police Chief may, however, engage in educational and professional
activities upon receipt of approval by,. the City Manager, which approval shall not be
unreasonably withheld, provided that such activities shall not interfere with his primary
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Obligation to the City as its Police Chief. The Police Chief shall dedicate no less than an
average of forty (40) hours per week in the performance of his duties hereunder.
D. If the. Police Chief serves on any appointed boards or elected boards of any professional
organization, or serves on any committees related to his professional activities, in the
event any monies are paid, or gifts received by the Police Chief related to such service,
such money or property shall be paid over to or delivered to the City, unless otherwise
provided by the City Manager.
Section 2. Duration of Agreement.
A. The City's employment of Dominic Rizzi, jr. as the Police Chief of the City of Yakima
Police Department iseffective on May 7, 2012.
B. The Police Chief shall serve at the pleasure of the City Manager and shall be an at -will
contractual employee of the City of Yakima, and Dominic Rizzi, Jr. waives any rights t�
a pre -termination hearing, or post -termination hearing in the event of discipline or
termination. The parties recognize that the Police. Chief is an at -will employee whose
employment may be terminated at any time, without or with cause. Other than the
specific conditions set forth in this Agreement, nothing shall prevent, limit, or otherwise
interfere with the right of the City Manager to terminate the employment of the Police
Chief at. any time,, without or with cause.
Section 3. Yakima Municipal Code.
The reference's to the Yakima Municipal Code ("YMC") sections in this Agreement are
to the City of Yakima Municipal Code as it currently exists, or as it may be amended in the
future.
Section 4. Salary.
A. For the performance of services pursuant to this Agreement, the City agrees to pay the
Police Chief an annual base salary as set forth in the 2012 City of Yakima Master
Ordinance for pay for the Police Chief position at Step D, which is $9,644.08 per month
or $115,728.96 per year, payable in installments at the same time as other City employees
are paid. After six (6) months of employment with the City if the Police Chief's job
performance is determined to be satisfactory following a six (6) month performance
evaluation by the City Manager in accord with Section 5 (C) herein, the Police Chief's
pay shall be increased to Step E, which is $1.0,125.94 per month or $121,51 1.28 per year.
B. After the first year of this Agreement, should the management employees receive pay and
compensation adjustments pursuant to YMC 2.20.115-.116, the Police Chief will receive
the same increase pursuant to the YMC.
C. The City Manager may also increase said base salary and/or other benefits of the Police
Chief in such amounts and to such an extent as the City Manager may determine
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desirable on the basis of an annual performance evaluation of the Police Chief, subject to
the approval by the City Council of the pay increase pursuant to a modification of the Pay
Master Ordinance passed by the City Council.
D. Nothing in this Section shall require the City to increase the base salary or other benefits
of the Police Chief.
E. The Police Chief acknowledges_ that, pursuant to the Fair Labor Standards Act (FLSA),
the Police Chief qualities for the professional employee exemption. As an exempt
employee, the Police Chief is paid a monthly salary and is not entitled to overtime
compensation.
Section 5. Performance Criteria and Evaluations:
A. At least annually, the City Manager shall meet with the Police Chief to establish
performance standards, departmental goals and criteria for a performance evaluation.
Between May and. June of each year, the City Manager shall in accordance with the
criteria previously established, review and evaluate the performance of the employee.
B. The City Manager shall provide the employee with a written performance evaluation and
shall provide an opportunity for the employee to discuss the contents of it with the City
Manager for the purpose of advancing the overall effectiveness of the Police Chief in his
position. Such evaluation shall be in such form as the City Manager deems appropriate
and shall be made at a time between May and June of each year in which this Agreement
is effective.
C. The City Manager shall provide the employee with periodic written performance
evaluations a minimum of one time during his first 180 days of employment as Police
Chief.
Section 6. Dues and Subscriptions.
Pursuant to YMC 2.20.085(6), the City will pay the Police Chiefs professional dues for
memberships in the Washington Association of Sheriffs and Police Chiefs ("WASPC"), the
International Association of Chiefs of Police ("IACP"), and the National Academy if applicable.
Other appropriate dues and subscriptions on behalf of the Police Chief will be paid by the City as
approved by the City Manager, if funds are available in the City's annual budget.
Section 7. Professional Development.
Pursuant to YMC 2.20.085(5), and in accordance with the City's travel policy, the City
agrees to pay reasonable and customary travel and subsistence expenses for the Police Chief's
travel t� and attendance at Washington Association of Sheriffs and Police Chiefs ("WASPC")
conferences. The City may choose to pay for the Police Chief's attendance at other seminars,
conferences, and committee meetings as deemed appropriate and approved in advance by the
City Manager.
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Section 8. Community Involvement.
The City recognizes the desirability of representation in and before local civic and other
organizations, and encourages the Police Chief to participate in these organizations to foster a
continuing awareness of the City's activities as well as the community's attitudes and ideas.
Section 9. Leave.
The Police Chief shall accrue annual leave, which increases depending on length of
service, at the same accrual rate as provided for management employees in YMC 2.40.020. If
the State of Washington Law Enforcement Officers' and Fire Fighters' Retirement System that
the Police Chief is in allows the ,accrual of any sick leave,then accrual of .sick leave shall be as
provided for management employees in YMC 2.40.030. Any other leave, such as bereavement
leave pursuant to YMC 2.40.03:5, shall be the same as provided for management employees.
Accrued annual leave cash out shall be paid at separation providing the qualifying conditions set
forth in YMC 2.40.02Q(D) of the Yakima Municipal Code relating to management employees.
have been met. if the State of Washington Law Enforcement Officers' and Fire Fighters'
Retirement System that the Police Chief is in allowsthe accrual of any sick leave, then cash out
for sick leave for management employees are placed in a VEBA Medical Savings Account at
retirement if the employee meets the retirement criteria under VEBA.
Section 10. Benefits.
The Police Chief shall receive the benefits, including longevity pay pursuant to
YMC 2.24.010, as are provided for management employees under the Yakima Municipal Code
and/or by City policy.
Section 11. Holidays.
The Police Chief is entitled to specified holidays with pay consistent with management
employees pursuant to YMC 2.40.080.
Section 12. Health, Dental, Life and Disability Insurance.
The City of Yakima has an employee Health Care Plan. Health care coverage, including
limited vision care and limited dental insurance, is available for City employees and their
dependents for which the City cost shares. Pursuant to YMC Chapter 2.04, the Police Chief is
entitled to be covered by the City of Yakima employee Health Care Plan consistent with City
management employees. Because the .Police Chief has an existing health care plan from his
former employment that he desires to maintain, the City agrees to compensate the Police Chief
for the cost to him to maintain his present health care plan, up to but not to exceed the amount
the City's Health Care Plan would otherwise .have contributed to the Police Chief's health care
costs for similar coverage under the City's Plan. This health care cost payrrient shall be included
with the Police Chief's monthly compensation amount as a separate item and shall be treated as a
taxable benefit subject to normal withholding taxes. The City's contribution for health care
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allowance.shall not be-included in any 'calculations as base pay. If, and at such time as the Police
Chiefs current health care plan is fully paid and no longer requires financial contributions from,
hitt to maintain health care coverage, the City's obligation to. contribute toward that health care
coverage shall cease. The City will provide other insurance, or the availability for other
insurance, for the 'Police Chief as it does for management employees.
Section 13. Communication Equipment.
The Police Chief will- receive a City -issued cell phone to be used for City business in
accordance with City policy.
Section 14. Retirement.
Pursuant to Washington State law, the City shall contributethe percentage required by
the State of Washington of the Police Chiefs monthly salary each month into the State of
Washington Law Enforcement Officers' and Fire Fighters' Retirement System_ (LEOFF Plan 2).
Pursuant to YMC 2.20.130, the City shall make a 3% contribution of the Police Chief's base
monthly salary each month for the employee's deferred compensation plan.
Section 15. Residency.
The. City Manager prefers that .the Police Chief resides within the City of Yakima.
Section 16. Termination by the City Manager and Severance Pay.
A. Pursuant to RCW 35.18.060, YMC 1..18.010, and Article 11 of the City Charter, and as
provided in this Agreement, the Police Chief shall serve at the pleasure of the City
Manager, and the City Manager may terminate this Agreement and the Police Chief s
employment with the City atany time without cause or with cause, and/or for no reason
or for any reason.
B. Should the City Manager terminate the services of the Police Chief "Without cause", the
City shall provide the Police Chief with written notice of the intent to terminate at least
sixty (60) days prior to the effective date of termination. At the next regular City payroll
following the effective date of such termination, and pursuant to the provisions. in YMC
Chapter 2.40 relating to management employees, the City shall pay accrued and unpaid
salary and benefits earned prior to the date of termination (including annual leave) as
calculated and provided in the YMC Chapter 2.40 provisions relating to management
employees. If the State of Washington Law Enforcement Officers' and Fire Fighters'
Retirement System that the Police Chief is in allows the accrual of any sick leave, then
the cash out of sick leave shall be as provided for management employees in YMC
2.40.030.
C. Severance Pay. Should the City Manager terminate the services of the Police Chief
"without cause", then the employee shall be entitled to severance pay as set forth in this
Section .16C of the Agreement. If the City Manager terminates the services of the, Police
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Chief "without cause", then within forty. -five (45) calendar days following the
termination of the Police Chief's employment "without cause", the City shall pay the
Police Chief a lump sum severance pay equal to six (6) months of his base salary as full
and complete payrnent and satisfaction of any claims of the Police Chief of whatsoever
nature arising out of this Agreement or otherwise. As consideration for such severance
payment, the Police Chief shall, prior to receipt thereof, execute and deliver to the City a
general release of the City of Yakima, the City Council, the City Manager, and the City's
.officers, agents, and employees, for all acts and actions (whether accrued or subsequently
accruing) from the beginning of time until the date of release, said release to be prepared
by the City Attorney or his or her designee.
D. In the event the Police Chief is terminated for "just cause;" the City shall have no
obligation to pay the amounts outlined in Section 16, Paragraph_C of this Agreement.
For purposes of this Agreement, "just cause" is defined to include but is not limited to
any of the following:
1. Misfeasance, malfeasance and/or nonfeasance in performance of the Police
Chiefs. duties and responsibilities.
2. Conviction or a plea of guilty or no contest to a felony crime; whether or not
adjudication is withheld.
3. Conviction of a gross misdemeanor or misdemeanor involving moral turpitude.
4. Neglect of duty; including the inability or unwillingness to properly discharge the
responsibilities of office.
5. Violation of any substantive City policy, rule, or regulation, which would subject
any other City employee to termination.
6. The commission of any fraudulent act against the interest of the City.
7. The commission of any act which involves moral turpitude, or which causes the
City disrepute.
8. Violation of 'City of Yakima Charter Article VI, Section 5, or violation of Revised
Code of Washington ("RCW") Chapter 42.23, entitled "Code of Ethics for
Municipal Officers --Contract Interests".
9. Violation of the City of Yakima Police Departtnent Law Enforcement Code of
Ethics, which is attached as Exhibit B.
10. Any other act of a similar nature of the same or greater seriousness.
E. In the event the City Manager, at any time during the employment term, reduces the
salary or other benefits of the Police Chief, as identified herein, in a greater percentage
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than an equivalent across-the-board reduction for all full-time City management
employees, or in the event the City allegedly refuses to comply with any other material
provision of this Agreement benefiting the Police Chief, the Police Chief shall notify the
City Manager in writing of the alleged violation. The City Manager shall have forty five
(45) days from suchnotice within which to cure the violation; otherwise, the Police Chief
may at his option, consider such violation as termination"without cause" as of the date of
such alleged reduction or refusal, and the severance pay provision and other termination
provisions contained herein shall become applicable at the annual salary and benefit level
in effect prior to the reduction or refusaL
Section 17. Termination by the Police Chief.
The Police Chief may terminate this .Agreement at any time by delivering to the City
Manager a written notice of termination not later than sixty (60) days prior to the effective date
of the termination. Upon request by the employee at the time of the Police Chief's written notice
of termination, the City Manager has the discretion to agree on behalf of the City to a notice of
termination period of less than sixty days; provided, however, the City Manager is not required
to grant the employee's request fora notice of termination period of less than sixty days. If the
Police Chief terminates this Agreement, then the provisions of Section 16, Paragraph C above,
shall not apply. If the Police Chief voluntarily resigns pursuant to this Section, the City shall pay
to the Police Chief all accrued compensation due to the Police Chief up to the Police Chief's
final day of employment, and the pay out of any accumulated annual leave shall be governed by
the same Yakima Municipal Code provisions and City policies as those for City management
employees. If the State of Washington Law Enforcement Officers' and Fire Fighters' Retirement
System that the Police Chief is in allows the accrual of any sick leave, then the cash out of sick
leave shall be as provided for management employees in YMC 2.40.030. The City shall have no
further financial obligation to employee pursuant to this Agreement. This Section shall not
prevent the Police Chief from collecting any money earned as a result of participation in the
City's deferred retirement program.
Section 18. Disability.
If the Police Chief becomes permanently disabled or is otherwise unable to perform his
duties because of sickness, accident, injury, mental incapacity or health for a period of four (4)
consecutive weeks beyond any accrued leave, or beyond a period of time that the employee is
otherwise legally entitled to, the City shall have the option to terminate this Agreement, subject
to the severance pay provision outlined in Section 16, Paragraph C of this Agreement.
Section 19. Relocation Expenses.
A. The City agrees to pay the Police Chief up to Ten Thousand Dollars ($10,000) to
reimburse the Police Chief for the costs associated with the cost of 'the relocation of
himself and his family. Pursuant to YMC 2.20.085, the relocation expenses are for the
cost of moving the household goods and personal effects of the Police Chief from his
place of residence to the City of Yakima. Reasonable and necessary moving expenses
shall be reimbursed only when the Police Chief can produce receipts to document the
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expenditure, or when the invoices are submitted so that the City can pay the moving
company directly. If a moving company is used, it is the City's strong preference that a
local firm be contacted and given the opportunity to provide a bid for the relocation.
B'. Should the Police Chief resign within two years of his employment with the City to retire
or accept a position elsewhere, he will return to the City a prorated share of any expenses
it has paid to assist with his relocation based on the number of months remaining in the
twenty-four month period. A percentage of the total relocation expenses paid by the City
will be returned to the City that equals the percentage of months remaining in the first
twenty-four months commencing from the beginning of employment. Reimbursement to
the City of relocation expenses is not required if the Police Chief should die within the
first two (2) years or resign within such time due to disability.
Section 20. Indemnification.
A. The Police Chief shall be entitled to the benefits and subject to the responsibilities in City
of 'Yakima Resolution No. D-5820, entitled "Resolution providing for indemnification
-against personal liability for City personnel", and any protections provided by State of
Washington law, including RCW 4.96.041.
B. Said indemnification referred to in this. Section 20 shall extend beyond the termination of
employment and the expiration of this Agreement to provide protection for any such acts
undertaken or committed in the capacity as Police Chief, regardless of whether the notice
of claim or filing of a lawsuit occurs during or following employment with the City.
Section 21. Bonding.
The City agrees t� bear the full cost of any fidelity or other bonds required of the Police
Chief under any policy, regulation, ordinance or law.
Section 22. General Terms. and Conditions.
A. If any provision, or any portion thereof, contained in this Agreement is held by a court of
competent jurisdiction to be unconstitutional, illegal, invalid or unenforceable, the
remainder of this Agreement, or portion thereof, shall not be affected and shall remain in
full force and effect.
B. The waiver by either party of a breach of any provision of this Agreement by the
other shall not operate or be construed as a waiver of any subsequent breach by that
ply.
C. This Agreement shall be binding upon and inure to the benefit of the heirs at law or
personal representative of Police Chief
D. This Agreement contains the entire Agreement of the parties. It may not be changed
verbally, but only by an Agreement in writing signed by the parties.
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E. Washington law shall govern this Agreement, and any litigation that may arise from this
Agreement shall be filed and litigated in Yakima, Washington.
F. Upon the Police Chiefs death, the City's obligations under this Agreement shall
terminate except for
1. Transfer of ownership of retirement funds, if any, to his designated beneficiaries;
2. Payment of accrued leave balancesas provided for management employees under
these circumstances under the Yakima Municipal Code;
3. Payment of all outstanding hospitalization, medical and dental bills in accordance
with City's insurance policies or plans, if applicable; and
4. Payment of all life insurance benefits in accordance with the City's insurance
policies or plans.
G. The parties acknowledge that each had an opportunity to review this Agreement and
consult with their ,attorney if they chose to do so, and, accordingly, no court construing
this Agreement shall construe it more strictly against one party than the other and every
covenant, term and provision of this Agreement shall be construed simply according to its
fait meaning.
H. This Agreement may be executed in duplicate or counterparts, each of which shall be
deemed an original and all of which together shall be deemed one and the same
instrument. No term, condition or covenant of this Agreement shall be binding on either
party until both parties have signed it.
EXECUTED this 7 day of
ATTEST:
By
City Clerk
EXECUTED this 7 day of
2012.
CITY OF YAKIMA
By:
Michael A. Morales, Interim City Manager
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a1 CITY CONT -RAC
RESOLUTION NO:
o'2-33
City Contract No. 2012 -
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City of Yakima - Class Specification Bulletin http.//agency.governmentjobs.com/yakimawa/default.cfm?action=specbul...
CITY OF YAKIMA
Established Date Mar 1, 1995
Revision Date Mar 1, 1995
Police Chief
Bargaining Unit. None/ Management
Class Code.
1190
SALARY RANGE
$62.86 - $76.39 Hourly
$10,895.73 - $13,240.93 Monthly
MINIMUM CLASS REQUIREMENTS:
Six years of increasingly responsible full-time commissioned law enforcement work experience in a
supervisory/ administrative capacity, including four years at a level equivalent to Police Lieutenant,
or two years at a level of Police Captain in a government law enforcement agency A Bachelor's
Degree in criminology, law enforcement, law, or a related field is highly desirable. FBI Academy or
Washington State Police Academy training/certification is desirable.
JOB SUMMARY:
By appointment of and under the general guidance of the City Manager, the Chief of Police is the
chief executive officer responsible for the proper administration and operation of the City Police
Department
ESSENTIAL FUNCTIONS:
Plans, organizes and directs the activities, projects and programs of the Police Department;
establishes department goals and objectives and formulates policies, procedures, rules and
regulations necessary to carry them out
Monitors the efficiency and effectiveness of Department operations and activities, provides for on-
going evaluation of the cost/benefit of programs and operations, explores alternative ways of
meeting existing and future service demands.
Makes effective use of subordinates through appropriate delegation of tasks, duties, and
responsibilities, periodically reviews or directs a review of the work of subordinates and takes
corrective action when required, requires accountability of subordinates, identifies training needs and
provides appropriate training opportunities.
Prepares performance evaluation reports on immediate subordinates; reviews and approves
performance evaluations prepared by subordinates on all Police Department personnel.
Resolves citizen complaints and directs the investigation of incidents of alleged employee
misconduct; takes appropriate disciplinary action
Ensures that appropriate information is provided to the public and the news media regarding major
crimes and incidents, on-going investigations, and department programs, policies and procedures
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City of Yakima - Class Specification Bulletin http.//agency.governmentjobs.com/yakimawa/default.cfm?action=specbul...
Effectively communicates, promotes and reinforces the goals, values and objectives of the
department with citizens and subordinates, creates a positive, constructive work
atmosphere, facilitates and manages organizational change.
Fosters the core values of Community Policing by maximizing citizen involvement, promoting a total
service orientation among employees, and encouraging a pro -active, problem -solving approach to
police service
Approves all appointments, promotions, transfers, and disciplinary actions within the department
Coordinates the activities of the various divisions and units of the department to ensure efficiency of
operations; coordinates the activities of the police department with other City departments/divisions
and other criminal justice agencies; communicates regularly with counterparts in other departments,
divisions and agencies.
Maintains current knowledge of trends, practices, laws and legal decisions affecting the department
and makes necessary changes in department policy and procedures, prepares or directs the
preparation of memos, reports and correspondence on a wide variety of topics for presentation to
the public, the City Manager and the City Council.
Represents the department and City on various panels and committees, and at other meetings,
functions and ceremonies, participates in community and professional organizations when the image
or interests of the department would be advanced.
Develops, prepares, and monitors the department budget; recommends major budget policy issues;
directs the proper accounting of all receipts and disbursements; ensures that the equipment and
supplies necessary for department operations are available; authorizes purchases
Assists the City Manager in area of labor relations; assumes other duties as directed by the City
Manager
MAJOR WORKER CHARACTERISTICS:
Personnel filling this classification must.
Possess comprehensive knowledge of principles of modern police administration, State, Federal and
City laws and ordinances, and City policies and procedures.
Possess the ability to define complex problems, collect data, establish facts and draw valid
conclusions; read, interpret and analyze detailed reports and correspondence
Possess the ability to communicate clearly and effectively, both verbally and in writing with
employees, members of the public representing diverse education and background, and with officials
at all levels of government; ability to develop, present and gain acceptance for long-range programs
and budgets
Demonstrate the knowledge of and adherence to a high standard of personal and professional
ethics
Be innovative and flexible in approach to duties, and possess ability to readily adapt to changing
community and department needs.
Possess the ability to make informative and persuasive presentations to individuals and groups,
conduct public meetings, and participate in public forums.
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Possess tact, diplomacy, and the ability to meet and deal effectively with individuals, groups and
organizations representing a wide diversity of ethnicities, cultures, opinions, and beliefs.
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Law Enforcement Code of Ethics
Asa Law Enforcement Officer, my fundamental duty
Is to serve mankind; to safeguard lives and property;
To protect the innocent against deception, the weak
against oppression or intimidation, and the peaceful
against violence and disorder; and to respect the
Constitutional rights ofall men to liberty, equality
and justice.
I will keep my private Life unsullied as an example to aII; maintain
courageous and calm in the face of danger, scorn or ridicule; develop
self-restraint; and be constantly mindful ofthe welfare of others. Honest
in thought and deed in both my personal and official Life, I will be
exemplary in obeying the Laws of the Land and the regulations ofthe
department. Whatever I see or hear of a confidential nature or that is
confided to me in my official capacity will be kept ever secret unless
revelation is necessary in the performance of my duty.
I will never actociously or permit personal feelings, prejudices,
animosities, or friendships to influence my decisions. With no
compromise for crime and with relentless prosecution of criminals, 1
will enforce the law courteously and appropriately without fear or favor,
malice or ill will, never employing unnecessary force or violence and
never accepting gratuities.
I recognize the badge of my office as a symbol of public faith, and I
accept it as a public trust to be held 50 long as 1 am true to the ethics of
police service. I will constantly strive to achieve theses objectives and
ideals, dedicating myself before God to my chosen profession...
Law Enforcement.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. e
For Meeting of: April 3, 2012
ITEM TITLE:
SUBMITTED BY:
CONTACT
PERSON/TELEPHONE:
SUMMARY EXPLANATION:
Resolution authorizing the Interim City Manager to agree to
special employment contract terms providing for severance
compensation and health care allowance as part of the
employment agreement between Dominic Rizzi, Jr. and the
City thereby formalizing the hiring of Dominic Rizzi, Jr. as
the new Yakima Chief of Police.
Jeff Cutter, City Attorney
Jeff Cutter, City Attorney/575-6030
The Interim City Manager of the City of Yakima desires to employ Dominic Rizzi, Jr. as
Police Chief of the City of Yakima Police Department and seeks the Council's approval of a
reasonable severance agreement with Mr. Rizzi that would apply in the event Mr. Rizzi's
position was terminated by the City without cause. The Interim City Manager also requests
the City Council's approval of a health care allowance in the Police Chief employment
agreement that would allow Mr. Rizzi to maintain his present health care plan. The Interim
City Manager is asking the Council to approve the City's payment of a health care allowance
in the same amount that it would otherwise pay toward Mr. Rizzi's City Health Care Plan.
Resolution X
Contract:
Contract Term:
Insurance Required? No
Funding
Source:
APPROVED FOR
SUBMITTAL:
Ordinance
Mail to:
Amount:
Other
(specify)
Expiration Date:
Phone:
City Manager
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMISSION RECOMMENDATION:
ATTACHMEINTS:
Click to download
Resolution re Rizzi contract provisions
El Police Chief Employment Agreement
O
AMENDMENT TO EMPLOYMENT AGREEMENT FOR POLICE CHIEF
OF THE CITY OF YAKIMA.
WHEREAS, the parties to the original Agreement desire to change sections 9
(Leave) and 10 (Benefits) of the Agreement in consideration of the mutual promise
below as authorized in Section 22; and
WHEREAS, in exchange for the Police Chief waiving longevity as authorized by
YMC 2.24.010, the City shall immediately credit him with 120 hours of annual leave.
NOW, THEREFORE, the parties agree to the following changes:
Section 9. Leave. [New first sentence]
"The Police Chief shall be credited 120 hours of annual leave."
Section 10. Benefits. [New section]
"The Police chief shall receive the pay and benefits (excluding longevity pay)
pursuant to YMC 2.24.010, as are provided for management employees under the
Yakima Municipal Code and/or by City Policy."
All other sections of the original contract remain in effect.
EXECUTED this L/ day of January, 2013.
CITY O AKIMA
By:
Tony O'Rourk: , City Manager
ATTEST:
Sonya laar-Tee,
CHIEF OF PO
By:
Dominic Rizzi, Chief of Police
City Contract No. 2012 - 33
CONTRACT AMENDMENT NO. 1 TO THE EMPLOYMENT AGREEMENT FOR
POLICE CHIEF OF THE CITY OF YAKIMA POLICE DEPARTMENT
THIS CONTRACT AMENDMENT NO 1, is made and entered by and between the City of
Yakima, a Washington municipal corporation (hereafter referred to as "City"), and Dominic Rizzi,
Jr
WHEREAS, pursuant to RCW 35 18 060, Yakima Municipal Code ("YMC") 1.18 010, and
Article II of the City Charter of the City of Yakima (hereafter referred to as the "City Charter"), the
City Manager of the City of Yakima executed a contract on April 4, 2012 to employ Dominic Rizzi,
Jr as Police Chief of the City of Yakima Police Department.
WHEREAS, Section 16B of the Agreement authorizes pay of accrued and unpaid benefits
earned prior to termination of the agreement without cause to be paid at the next regular City
payroll following the effective date of such termination
WHEREAS, Section 16C of the Agreement authorizes severance pay to be paid within
forty-five (45)following the termination of the Agreement without cause.
WHEREAS, both parties have determined that it is in their mutual interest to modify the
time for payment of accrued and unpaid benefits (not accrued and unpaid salary) together with
the severance pay in Sections 16B and 16C of the Agreement so that payment for those items
only will be paid together on the January 6, 2019 payroll
NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements
set forth herein, it is agreed by and between the City and Dominic Rizzi, Jr as follows
AMENDMENT
Section 1 Payment of accrued and unpaid benefits as well as severance pay will be
processed and paid on the January 6, 2019 payroll
Section 2. Except as expressly modified herein, all other terms and conditions of the
Employment Agreement for Police Chief of the City of Yakima Police Department dated April 4,
2012 shall remain in full force and effect.
EXECUTED this chi day of N DJ , 2018.
CITY OF Y KIMA
By:
Cliff Moo , City Manager
ATTEST-( i
By: C% J� ,w
ity Clerk f1 " a
Page 1 of 2
EXECUTED this,)day of/ bve... -iP , 2018
By.
Dominic Rizzi, Jr
City Contract No c2O/,2- 0 33 4 yr,P,1d
Resolution No iR _ ,7i2/..?- c2 y/�
Page 2 of 2
RELEASE OF CLAIMS BY
DOMINIC RIZZI, JR.
THIS RELEASE OF CLAIMS is entered into by and between Dominic Rizzi, Jr.
(hereinafter referred to as "Employee") and the City of Yakima (hereinafter referred to as
"Employer"). The consideration for this Release of Claims is the mutual undertakings set forth
herein.
NOW, THEREFORE, Employee and Employer hereby agrees as follows:
1. Separation Benefits. There will be six (6) months of severance pay paid to
Employee as authorized by City Council in Resolution No. R-2012-46. This severance payment
shall be subject to normal payroll withholding taxes. Employee understands and agrees that the
benefits as set forth in this Section 1 as well as the mutual covenants and conditions of this Release
constitute sufficient consideration supporting all releases herein.
2. Compensation Due. On the first regular City payday following the final day of
employment, Employee shall be paid any regularly due compensation, accrued leave, and unused
sick days payable to Employee in accordance with Employer's existing policies and procedures.
Employee expressly acknowledges that he has no claims or entitlement to additional past or present
pay, compensation or benefits from Employer, except as set forth herein, and he expressly waives
claims for such additional compensation, pay or benefits not specifically set forth in this Release.
Nothing in this Section or Release shall be construed to deny or limit Employee's rights to
continuation of health coverage as authorized and provided in the Consolidated Omnibus Budget
Reconciliation Act(COBRA).
3. No Pending Claims. Employee represents that he has no pending claims, lawsuits
or charges filed against Employer with any court or governmental agency.
4. Waiver and Mutual Release of Claims. Subject to the limitations on release of
claims in Section 5 below, in consideration of the benefits, consideration, and the additional
severance consideration described above, and as a material inducement to the Employee enter into
this Release of Claims, Employee releases any past and present claims against Employer.
As referred to herein, "past and present claims" mean those claims, rights and causes of
action, whether known or unknown, suspected or unsuspected, vested or contingent, arising on or
before the date of acceptance on this Release of Claims is signed by Employee. Subject to the
limitations on release of claims in Section 5 below, this includes all claims, rights and causes of
action under federal, state, or local law, including, but not limited to, those based in statute,
regulation, code, ordinance, tort, contract, equity or otherwise, and specifically including by way
of illustration, but not limited to, all claims under the Older Workers Benefit Protection Act, Age
Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, Family Medical
Leave Act, the Washington Law against Discrimination (RCW Chapter 49.60), and any
Page 1 of 4
Washington state wage and hour laws (including, but not limited to, RCW Chapters 49.48 and
49.52).
Employee releases his past and present claims, if any, against the Employer, Employer's
elected and appointed officials, employees and agents arising out of his employment with
Employer, including but not limited to release of claims for individual relief in agency
proceedings. The waiver and release of any claims by Employee referred to in this Separation
Agreement and this Section 4 are subject to the limitations referred to in Section 5 below.
5. Limitations on Release of Claims. Nothing in this Release, including but not
limited to the release of claims, prevents Employee from filing a charge or complaint with or from
participating in an investigation or proceeding conducted by the EEOC, NLRB, or any other
federal, state or local agency charged with the enforcement of any laws, although by signing this
Release Employee is waiving rights to individual relief based on claims asserted in such a charge
or complaint, except where such a waiver of individual relief is prohibited.
6. Cooperation. Employee agrees that Employee will cooperate in making himself
available to meet and confer with Employer and its representatives, and to make himself available
to testify under oath in person and/or by declaration in connection with any claim that may be
made against or by Employee or Employer, and in connection with any ongoing or future
investigation or dispute or claim of any kind involving the parties. This includes assistance in
reviewing and responding to discovery.
Such cooperation includes any proceedings before any judicial, court, administrative, or
any other body, agency or board, and also includes preparing for and testifying in depositions and
proceedings to the extent such claims, investigations, disputes or proceedings relate to work
performed or required to be performed by Employee,pertinent knowledge possessed by Employee,
or any act by Employee. Employee further agrees to perform all acts to locate, execute and deliver
any requested documents that may be reasonably necessary to carry out the provisions of this
Section.
PROVIDED,that Employee's assistance provided at Employer's request will be scheduled,
to the extent reasonably possible and reasonably foreseeable, under such circumstances and at such
times so as to not unreasonably interfere with Employee's future work or business obligations.
PROVIDED FURTHER, that Employer shall reimburse Employee for reasonable and
necessary travel, lodging and meal expenses incurred by Employee in making himself available.
Mileage shall be reimbursed at the Internal Revenue Service mileage rate in effect at the time of
travel. Employer shall reimburse Employee for other reasonable and necessary expenses incurred
by Employee in providing such cooperation as may be agreed between Employer and Employee.
No such expense shall be incurred in excess of$300 without advance approval by Employer. Any
air travel shall be approved by Employer in advance. Employee shall provide Employer with the
applicable itemized receipts, when available, and such other requested detail and documentation
to support Employee's request for reimbursement of expenses.
Page 2 of 4
7. Release and Counsel. Employee understands and acknowledges the significance
and consequences of this Release of Claims and expressly confirms that it is to be given full force
and effect according to each and all of its expressed terms and provisions. Employee acknowledges
that he has been given full opportunity and has been encouraged to consult an attorney of his choice
regarding this Release of Claims. Knowing and understanding this, the undersigned accepts the
above sums in full settlement as provided in this Release of Claims.
8. Non-admission. This Release shall not be construed as an admission by Employer
of any liability to Employee, breach of any agreement between Employer and Employee, or
violation by Employer of any statute, law or regulation, nor shall it be construed as an admission
of any misconduct or deficient performance or valid cause for termination of Employee.
9. Communications. It is the intention of the parties that Employee's separation be on
an amicable basis.
10. Breach and Enforcement. Employer and Employee agree that this Release of
Claims may be specifically enforced in court and may be used as evidence in a subsequent
proceeding in which Employee or Employer alleges a breach of this Release of Claims.
11. Review and Revocation. Employee acknowledges that pursuant to applicable law,
he has been offered the opportunity to review a copy of this Release of Claims for a period of
twenty-one (21) days (the "Review Period"), and agrees that changes to this Release of Claims
during the Review Period, whether material or immaterial, shall not restart the running of the 21-
day Review Period. Employee further acknowledges that the Employer encouraged Employee at
the beginning of the Review Period to consult with an attorney concerning the terms and conditions
of this Release of Claims, including without limitation the release set forth in this Release of
Claims. The Employer agrees that Employee shall have seven (7) calendar days (the "Revocation
Period") following the date on which Employee signs this Release of Claims to revoke his
acceptance of the Release of Claims set forth in this Release. This Release of Claims shall not
become effective until the eighth (8`11) day after Employee executes this Release of Claims (the
"Effective Date").
12. Complete Release. This Release of Claims represents and contains the entire
understanding between the parties in connection with the subject matter of this Release of Claims.
The Release of Claims shall not be altered or varied except in a writing signed by Employee and
Employer. It is expressly acknowledged and recognized by Employee that there are no oral or
written collateral agreements, understandings or representations between the parties other than as
contained in this document. Paragraph headings utilized in this Release of Claims are for reference
convenience only and have no independent meaning.
13. Governing Law. Unless otherwise controlled by federal law, the interpretation and
enforcement of this Release of Claims shall be governed by the laws of the State of Washington.
14. Reliance and Right to Consult with an Attorney. Employee represents and
acknowledges that in executing this Release of Claims, he does not rely and has not relied upon
Page 3 of 4
any representation or statement not set forth herein made by Employer or by any of the Employer's
employees, agents, representatives, or attorneys with regard to the subject matter, basis or effect
of this Release of Claims or otherwise. Employee understands that he has the right to consult with
an attorney.
15. Continuing Rights. Nothing in this Release shall be construed to prohibit
Employee from filing a charge with,reporting potential violations of law to,or participating in any
investigation or proceeding conducted by the Equal Employment Opportunity Commission or a
comparable state or local agency, or to any other federal or state agency responsible for
enforcement of the law; provided, however,that Employee hereby waives and releases his right to
recover any form of personal relief from the Released Parties.
ACKNOWLEDGEMENT OF RECEIPT
This Re ase was ?given to me on the date next to my signature:
Dominic Rizzi, Jr.- Date
PLEASE READ CAREFULLY. THIS IS A VOLUNTARY SEPARATION AND RELEASE
AGREEMENT.
ACCEPTANCE OF RELEASE OF CLAIMS
I have accepted and agree to this Release of Claims as of the date next to my signature.
EMPLO
o
Dominic Rizzi, Jr. Date
EMPLOYER:
CITY OF I V;
/•
_ T _` _ ii . / , i
oc''e,• ity Manager Date
CITY CONTRACT NOO., 0/Z 33/`OC
RESOLUTION NO:R- .2i7/2-(-94(p
Page 4 of 4
_ .
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