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HomeMy WebLinkAboutWilson, David A. - Fire Chief Employment Agreement EMPLOYMENT AGREEMENT FOR FIRE CHIEF OF THE CITY OF YAKIMA FIRE 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 David A. Willson (hereafter referred to by name, as "Fire Chief', or as "employee "). 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 desires to employ David A. Willson as Fire Chief of the City of Yakima Fire Department; and WHEREAS, the City desires to provide for certain benefits and compensation for the Fire Chief and to establish conditions of employment applicable to the Fire Chief; and WHEREAS, David A. Willson desires to accept employment as Fire Chief of the City of Yakima Fire 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. David A. Willson is appointed as Fire Chief effective on the date provided in Section 2 and under the terms of this Agreement, and David A. Willson agrees to accept employment with the City in the position of Fire Chief. The Fire Chief shall have the duties, responsibilities and powers of said office as set forth in the City of Yakima Class Specification for Fire 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 Fire Chief shall follow the City of Yakima administrative policies and procedures. The Fire 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 Fire 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 Fire Chief may, however, engage in educational and professional activities upon receipt of approval by the City Manager, provided that such activities shall not interfere with his primary obligation to the City as its Fire Chief. The Fire Chief shall dedicate no less than an average of forty (40) hours per week in the performance of his duties hereunder. 1 of C. If the Fire 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 Fire 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 David A. Willson as the Fire Chief of the City of Yakima Fire Department is effective on September 14, 2011. B. The Fire Chief shall serve at the pleasure of the City Manager and shall be an at -will contractual employee of the City of Yakima, and David A. Willson waives any rights to a pre - termination hearing or post - termination hearing in the event of discipline of termination. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Manager to terminate the employment of the Fire Chief at any time, without or with cause. C. The duration of this Agreement will be for a period of two (2) years, commencing on September 14, 2011, and continuing until September 13, 2013; provided, however, that the parties recognize that the Fire Chief is an at -will employee whose employment may be terminated at any time, without or with cause. D. Extension of Agreement. In the event either party to this Agreement does not give written notice to the other party three (3) months prior to the expiration date, this Agreement shall be extended for two (2) years on the same terms and conditions as set forth in this Agreement. The Agreement shall continue thereafter for two -year periods, unless either party provides written notice to the other party three (3) months prior to the expiration date of the current period of the Agreement. This section is subject to the recognition of the parties that the Fire Chief is an at -will employee whose employment may be terminated at any time, without or with cause. Section 3. Yakima Municipal Code. The references to the Yakima Municipal Code ( "YMC ") sections in this Agreement are to the 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 Fire Chief an annual base salary as set forth in the 2011 Master Ordinance for pay for the Fire Chief position at Step E (YMC Ordinance No. 2011 -35), which is $115,728.96 per year, payable in installments at the same time as other City employees are paid. Page 2 of 9 B. After the first year of the contract, should the management employees receive pay and compensation adjustments pursuant to YMC 2.20.115 -.116, the Fire 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 Fire Chief in such amounts and to such an extent as the City Manager may determine desirable on the basis of an annual performance evaluation of the Fire 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 Fire Chief. E. The Fire Chief acknowledges that, pursuant to the Fair Labor Standards Act (FLSA), the Fire Chief qualifies for the professional employee exemption. As an exempt employee, the Fire Chief is paid a monthly salary and is not subject to overtime compensation. Section 5. Performance Criteria and Evaluations. A. At least annually, the City Manager shall meet with the Fire Chief to establish performance standards, departmental goals and criteria for a performance evaluation. Between July 1st and August 31st 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 Fire 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 July 1st and August 31st 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 Fire Chief. Section 6. Dues and Subscriptions. Pursuant to YMC 2.20.085(6), the City will pay the Fire Chiefs professional dues for memberships in the Washington Fire Chiefs and the International City /County Management Association ( "ICMA "). Other appropriate dues and subscriptions on behalf of the Fire Chief will be paid by the City as approved by the City Manager, if funds are available in the City's annual budget. Page 3 of 9 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 Fire Chiefs travel to and attendance at the Washington Fire Chiefs annual conference. The City may choose to pay for the Fire Chiefs attendance at other seminars, conferences, and committee meetings as deemed appropriate and approved in advance by the City Manager. Section 8. Community Involvement. The City recognizes the desirability of representation in and before local civic and other organizations, and encourages the Fire 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 Fire 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 Fire 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 2.40.035, shall be the same as provided for management employees. Accrued annual leave cash out may be paid at separation pursuant to the Yakima Municipal Code provisions relating to management employees. If the State of Washington Law Enforcement Officers' and Fire Fighters' Retirement System that the Fire Chief is in allows the accrual of any sick leave, then cash out for sick leave for management employees are placed in a VEBA Medical Savings Account at retirement. Section 10. Benefits. The Fire 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 Fire 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. The employee's participation in the Health Care Plan is required. Pursuant to YMC Chapter 2.04, the Fire Chief will be covered by the Page 4 of 9 • City of Yakima employee Health Care Plan consistent with City management employees. Management employees pay medical expenses according to a rate schedule, and premium rates may be adjusted annually. The City will provide other insurance, or the availability for other insurance, for the Fire Chief as it does for management employees. Section 13. Communication Equipment. The Fire 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 contribute the percentage required by the State of Washington of the Fire Chief's monthly salary each month into the State of Washington Law Enforcement Officers' and Fire Fighters' Retirement System (LEOFF Plan 1). Pursuant to YMC 2.20.130, the City shall make a 3% contribution of the Fire Chief's base monthly salary each month for the employee's deferred compensation plan. Section 15. Residency. The City Manager prefers that the Fire 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 II of the City Charter, and as provided in this Agreement, the Fire Chief shall serve at the pleasure of the City Manager, and the City Manager may terminate this Agreement and the Fire Chief's employment with the City at any 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 Fire Chief "without cause ", then at the next regular City payroll following 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 Fire 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. After six (6) months' continuous employment in the position of Fire Chief, and should the City Manager terminate the services of the Fire 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 Fire Chief Page 5 of 9 "without cause ", then within forty -five (45) calendar days following the termination of the Fire Chiefs employment "without cause ", the City shall pay the Fire Chief a lump sum severance pay equal to the specified number of months of his base salary as provided in the following two sentences, as full and complete payment and satisfaction of any claims of the Fire Chief of whatsoever nature arising out of this Agreement or otherwise. After the employee has had more than six months of continuous employment in the position of Fire Chief after September 14, 2011, the City Manager shall grant the employee three (3) months' severance pay upon termination without cause; and after two years in the position of Fire Chief, the City Manager shall grant the employee five (5) months' severance pay upon termination without cause by the City Manager. As consideration for such severance payment, the Fire 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 Fire 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 Fire 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 ". Page 6 of 9 9. Violation of the City of Yakima Fire Department 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 Fire Chief, as identified herein, in a greater percentage 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 Fire Chief, the Fire Chief shall notify the City Manager in writing of the alleged violation. The City Manager's failure to conduct any of the scheduled evaluations shall not constitute non - compliance with a material provision of this Agreement. The City Manager shall have forty -five (45) days from such notice within which to cure the violation; otherwise, the Fire 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 Fire Chief. The Fire 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 Fire 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 for a notice of termination period of less than sixty days. If the Fire Chief terminates this Agreement, then the provisions of Section 16, Paragraph C above, shall not apply. If the Fire Chief voluntarily resigns pursuant to this Section, the City shall pay to the Fire Chief all accrued compensation due to the Fire Chief up to the Fire Chiefs 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 Fire 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 Fire Chief from collecting any money earned as a result of participation in the City's deferred retirement program. Section 18. Disability. If the Fire 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 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. Page 7 of 9 Section 19. Indemnification. A. The Fire 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 19 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 Fire Chief, regardless of whether the notice of claim or filing of a lawsuit occurs during or following employment with the City. Section 20. Bonding. The City agrees to bear the full cost of any fidelity or other bonds required of the Fire Chief under any policy, regulation, ordinance or law. Section 21. 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 party. C. This Agreement shall be binding upon and inure to the benefit of the heirs at law or personal representative of Fire 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. 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 Fire 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 balances as provided for management employees under these circumstances under the Yakima Municipal Code; Page 8 of 9 • 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 fair 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 n(-7- of September, 2011. CITY OF YAKIMA By: 411//_, ' 1 .., .1 Donald B. Cooper, Cit / anager ATTEST: =- yPK1M!1 ‘'l By < �� ��►` J - City Clerk % . - 1 : * '� s 1 5�� EXECUTED this Z7 day of Sep' ""in r, 2011. ti (o Day A. Willson City Contract No.: doll- go Page 9 of 9 Exhibit A City of Yakima Class Specification FIRE CHIEF City of Yakima Class Specification FIRE CHIEF 1180 NATURE OF WORK This is responsible fire administrative work managing the City Fire Department. The employee occupying the position of is responsible for planning, directing and evaluating the organization, financial management, general administration, and efficient operation of the fire suppression and prevention activities of the Department with the goal of keeping losses of life and property due to fire, at a minimum. In addition to managing the internal affairs of the Department, the Chief is responsible for coordinating departmental activities with other City departments, organizations and departments outside, the City, and civil groups. Supervision is exercised over all officers and, the Chief, may relieve any other officer of command. Work is performed under the administrative direction of the City Manager and is reviewed through conferences, reports, and results achieved. REPRESENTATIVE EXAMPLES OF WORK •Plans, organizes, assigns, and directs departmental operations with respect to equipment, apparatus, and personnel; provides for the training and discipline of personnel. • Enforces, through subordinate officers,. City, State, and national fire prevention codes and standards, and the suppression of fires in the City, or in surrounding areas through mutual agreements. • Coordinates all efforts of the City toward fire prevention; works closely with the code inspectors, the City Attorney, and various other City and private inspectors in furthering inspections and assuring awareness of fire prevention throughout the City. • Directs the preparation and analysis of fire records and reports to insure an efficient operation, to meet service demands, and to comply with official requests for information regarding activities and personnel of the Fire Department. •Organizes and directs all firefighting activities at large fires or emergencies. CSPEC /1180 •Exercises purchasing and budgetary control; provides for personnel recruitment, selection, and training programs; takes necessary steps to maintain operational readiness and improve the Fire Department. •Attends fire service conferences and conventions, and other educational meetings to keep abreast of modern firefighting methods and administration. .• Addresses civic and other groups regarding the activities and programs of the Fire Department to explain and promote public understanding of its works; promotes fire safety practices. •Performs related work as required. KNOWLEDGES, SKILLS AND ABILITIES Considerable knowledge of modern developments in the field of firefighting and fire prevention. Considerable knowledge of the principles, practices, procedures, and equipment used in modern firefighting and in the protection of life and property from fires. Considerable knowledge of modern management principles and practices. Ability to plan, direct, and coordinate the work of several subordinate units. Ability to analyze organizational and operational problems and initiate effective improvements. Ability to establish and maintain effective working conditions with subordinates, public and private officials, and the public. Ability to express ideas clearly and concisely, orally and in writing, to groups and individuals. GENERAL RECRUITING INDICATORS Minimum Eight years of fire service experience with at least four years in a supervisory or command position in a fire protection agency, or Substituting, on a month- for -month basis, successful completion of degree course work in administration, management, fire science, or a related physical science for the desirable experience, to a maximum of thirty -six months. CSPEC /1180 Exhibit B City of Yakima Fire Department Code of Ethics City of Yakima Fire Department Code of Ethics The proper operation of democratic government requires that public officers and employees be independent, impartial, and responsible to the citizens of Yakima; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain, and that the public have confidence in the integrity of its government; and therefore, in accordance with Article VI, Section 5 of the City Charter, "No elective official, officer or employee of the City shall solicit or receive any pay, commission, money or thing of value, or derive any benefit, profit or advantage, directly or indirectly from or by reason of any improvement, alteration or repair, or purchase of materials required by the City, or any contract to which the City shall be a party, except his lawful compensation or salary as such officer or employee. A violation of any of the provisions of this section shall disqualify the offender to continue in office or employment and he shall be forthwith removed."