HomeMy WebLinkAboutR-2014-155 Police Department Succession Plan for CaptainsRESOLUTION NO. R-2014-155
A RESOLUTION authorizing and directing the City Manager to implement a Police
Department succession plan for Captains to ensure leadership
continuity and a smooth transition through senior command staff early
retirements.
WHEREAS, the Yakima Police Department Command staff consists of three (3)
captains and six (6) lieutenants; and
WHEREAS, one of the three Yakima Police Department Command Staff Captains is
interested in early retirement; and
WHEREAS, a staggered succession/retirement plan is necessary to ensure a
smooth leadership transition by encouraging one of the Captains to retire early and filling the
vacancy with promotion eligible Lieutenants; and
WHEREAS, an early retirement lump sum financial incentive, plus Teamster's
Medical plan payments will partially offset expected future earnings for the Captain; and
WHEREAS, as part of the succession/retirement plan the City Council has
determined that it is in the best interest of the City of Yakima to approve the proposed Early
Retirement Plan for Captain Rod Light, attached hereto and incorporated herein by this
reference; Now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
To further implement the previously enacted Yakima Police Department staggered
succession/retirement plan the City Manager of the City of Yakima is hereby authorized and
directed to execute the attached and incorporated Early Retirement Agreement for Captain
Rod Light from the Yakima Police Department under the terms and conditions set forth in
said Agreement.
ADOPTED BY THE CITY COUNCIL this 9th day of December 2014.
ST:
Micah :wley, Mayor
o a Claar Tee, City Clerk
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9.
For Meeting of: December 09, 2014
ITEM TITLE: Resolution authorizing implementation of a Yakima Police
Command Staff succession plan
SUBMITTED BY: Tony O'Rourke, City Manager
SUMMARY EXPLANATION:
The Yakima Police Department Command staff consists of three (3) captains and six (6)
lieutenants. One of the captains is interested in an early retirement incentive similar to what the
lieutenants received in 2013. To ensure a smooth leadership transition, the Police Chief and
City Manager have offered an early retirement incentive to the Captain.
Resolution: X Ordinance:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source/Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
City Manager
RECOMMENDATION:
The City Manager and Police Chief recommend approval of the plan.
ATTACHMENTS:
Description
Resolution authorizing early retirement for YPD 12/5/2014
Captain
0 YPD Captain early retirement memo 12/5/2014
0 Captain Light Retirement Agreement 12/5/2014
Upload Date
Type
Cover Memo
Cover Memo
Cover Memo
MEMORANDUM
To: Honorable Mayor and Members of the Yakima City Council
From: Tony O'Rourke, City Manager
Dominic Rizzi, Chief of Police
Date: December 3, 2014
RE: Command staff succession plan
The Yakima Police Department Command staff consists of three (3) captains and six (6)
lieutenants. These nine command officers, with oversight by the Police Chief, have
day-to-day responsibility for over 200 sworn police officers and support personnel.
Last summer the City Council approved a succession plan proposal to ensure a smooth
and effective transition of the Police Department Command Staff. At that time, four (4)
of the five lieutenants eligible for retirement expressed interest in retiring early and
accepted a proposed retirement incentive which included a $55,000 lump sum payment
plus a medical insurance payment of $1,550 per month through August 1, 2014.
The financial payment and medical premium payment was in recognition of the fact that
the retirement eligible lieutenants were still in the prime of their careers and earning
power. The average age of the retirees was 54, and their average annual salary and
benefits were $144,750.
Based on the success of last year's succession plan, the Chief and I recommended an
early retirement incentive effective February 1, 2015 for Captain Rod Light. By retiring
early, at age 54, Captain Light can still pursue other career opportunities while
accelerating the City's plans to promote and develop senior command staff at the Police
Department. We recommend a $50,118 lump sum retirement incentive and five months
of medical premium payments at a cost of $5,088. By retiring early, Captain Light is
forfeiting an average annual salary of $136,207.20 and benefits of $47,278.80 for a
combined annual total of $183,486.00.
In the interest of accelerating the City's Police Department Command Staff succession
plan, we strongly recommend the City Council's consideration and approval of this plan.
• •
EARLY RETIREMENT AGREEMENT
By and Between
THE CITY OF YAKIMA
And
CAPTAIN ROD LIGHT
THIS EARLY RETIREMENT AND RELEASE AGREEMENT is entered into this 2nd day
of December, 2014, by and between at -will Employee Captain Rod Light (hereinafter referred
to as "Employee") and the City of Yakima (hereinafter referred to as "Employer"). The
consideration for this Agreement is the mutual undertakings set forth herein.
NOW, THEREFORE, Employer and Employee do hereby agree as follows:
1. Retirement. Employee hereby voluntarily submits his notice of retirement from
employment with the City of Yakima, effective at 12:00 a.m. on February 1, 2015.
Employee acknowledges and agrees that on and after February 1, 2015 he shall have
no authority to, and shall not, act as an employee of the City of Yakima Police
Department. On his last day Employee further acknowledges and agrees to leave in his
office or deliver to the Chief of Police all correspondence, memoranda, notes, records,
data or information, analysis, keys and security access material, as well as any other
documents or copies made, composed or received by the Employee, which remain in
his possession, custody and control and which are related to any past or present work
for the City of Yakima.
2. Separation Benefits. Employer will pay Employee his regular employment
wages and benefits through January 31, 2015 as compensation for Employee's
continued employment from the effective date of this Agreement through the effective
date of retirement, plus the compensation due upon early retirement of employment as
set forth in Section 3 below and the additional consideration of an early retirement
compensation payment as set forth in Section 4 below. Employee understands and
agrees that the compensation and benefits set forth in this Section 2, the compensation
due as set forth in Section 3 below, the additional early retirement compensation set
forth in Section 4 below, the benefits described in Sections 3, 4, and 5 below, and the
mutual covenants and conditions of this Agreement constitute sufficient consideration
supporting all releases herein.
3. Compensation Due. Upon retirement, Employee shall be paid any regularly due
straight compensation, accrued leave, and unused sick days payable to Employee in
accordance with Employer's existing ordinances, policies and procedures. Employee
expressly acknowledges that he has no claims or entitlement to additional past or
present pay or compensation from Employer except as set forth herein and expressly
waives claims for such additional compensation or pay not set forth in this Agreement.
Nothing in this Section or Agreement 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).
4. Additional Consideration. As additional consideration to which Employee would
not otherwise be entitled, and upon the effective date of retirement set forth herein,
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Employer will make a lump sum separation payment to Employee of five (5) months of
Employee's base salary as early retirement compensation. This lump sum retirement
payment is subject to normal payroll withholding taxes. Any additional hourly
compensation increases that become effective during the period of compensation
provided herein shall be included in the wage compensation provided under this
Agreement. Medical Obligations. In addition to the above payment the Employee's
February 6, 2015 check will include payment from the Employer for the cost for
Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation of health
coverage from March 1, 2015 through June 30, 2015 It is the Employee's responsibility
to use these funds to pay COBRA premiums until July 1, 2015
5 Recommendation. The City Manager for the City of Yakima agrees to
provide Employee with a letter of recommendation.
6 No Pending Claims Employee represents that he has no pending claims,
lawsuits or charges filed against Employer with any court or governmental agency.
7. Waiver and Mutual Release of Claims. In consideration of the benefits and
consideration and the additional consideration described above, and as a material
inducement to the Employee and Employer to enter into this Agreement, Employer and
Employee release any past and present claims against the other party. As referred to
herein, "past and present claims" mean those claims arising on or before the date the
"Acceptance of Agreement" acknowledgement on this Early Retirement Agreement is
executed by Employee Employer waives and releases its past and present claims, if
any, against the Employee related to his employment with Employer. 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 are subject to the limitations referred to in
Section 9 below.
8. Limitations on Release of Claims. Nothing in this Agreement including but not
limited to the release of claims and non -defamation provisions, 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.
9. Release and Counsel. Employee understands and acknowledges the
significance and consequences of this Agreement 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 Agreement.
Knowing and understanding so, the undersigned accepts the above stated sums and
compensations in full settlement hereof.
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10. Non -admission. This Agreement 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.
11. Communications. It is the intention of the parties that Employee's early
retirement be on an amicable basis. The parties each agree that they shall not defame
the other party hereto.
12. Breach and Enforcement. Employee and Employer agree that this Agreement
may be specifically enforced in court and may be used as evidence in a subsequent
proceeding in which either party alleges a breach of this agreement.
13. Older Workers' Benefits Protection Act Provisions. In accordance with the
requirements of the Older Workers' Benefits Protection Act, Employee expressly
acknowledges the following:
a. He has been advised by Employer to consult with an attorney prior to
accepting this Agreement.
b. He understands that he has twenty-one (21) days from the time in which
he is first presented with this Agreement to consider whether or not to
accept it. He also understands that while it is his right to decide to accept,
enter into, and execute the Agreement before the end of that 21 -day
period, that he is under no obligation to do so. For purposes of calculating
this period, Employer and Employee acknowledge that Employee was first
presented with this Separation Agreement on December 2, 2014, and that
the twenty-one (21) day period expires December 23, 2014. Employee
also understands that by returning the signed Agreement prior to
December 23, 2014, he has KNOWINGLY AND VOLUNTARILY WAIVED
ANY RIGHT TO THE STATUTORILY PRESCRIBED WAITING PERIOD
AND HAS ACCEPTED THE SHORTENING OF THE STATUTORILY
PRESCRIBED WAITING PERIOD, AND THAT THE DECISION TO DO
SO WAS NOT INDUCED THROUGH FRAUD, MISREPRESENTATION,
OR THREAT TO WITHDRAW OR ALTER THE OFFER HEREIN PRIOR
TO THE EXPIRATION OF THE 21 -DAY TIME PERIOD.
c. Employee also understands that for a period of seven (7) days following
the execution of this Agreement, he may revoke the Agreement. He
further understands that if he does not revoke the Agreement within the 7 -
day period, this Agreement will be enforceable seven days after the date
of acceptance.
14. Complete Agreement. This Agreement represents and contains the entire
understanding between the parties in connection with the subject matter of this
Agreement. The Agreement shall not be altered or varied except in a writing signed by
Employee and Employer. It is expressly acknowledged and recognized by all parties
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•
that there are no oral or written collateral agreements, understandings or
representations between the parties other than as contained in this document, and any
such prior agreements are specifically terminated. Paragraph headings utilized in this
Agreement are for reference convenience only and have no independent meaning.
15. Governing Law. Unless otherwise controlled by federal law, the interpretation
and enforcement of this Agreement shall be governed by the laws of the State of
Washington.
16. Reliance and Right to Consult with an Attorney. Employee represents and
acknowledges that in executing this Agreement, he does not rely and has not relied
upon 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 Agreement or otherwise. Employee understands
that he has the right to consult with an attorney.
ACKNOWLEDGEMENT OF RECEIPT
This Agreement asgiven to me on the date next to my signature:
Employee Date
PLEASE READ CAREFULLY. THIS IS A VOLUNTARY EARLY RETIREMENT AND
MUTUTAL RELEASE AGREEMENT.
ACCEPTANCE OF AGREEMENT
I have accepted and agree to this Agreement as of the date next to my signature.
EMPLOYEE:
(Print Name)
EMPLOYE
City-ofY; ma
Date
!Li-
Tony O'Rourke, ity Manager Date
Page 4 of 4
•
OFFICE OF THE CITY MANAGER
129 North Second Street
City Hall, Yakima, Washington 98901
Phone (509) 575-6040
n
February 9, 2015
To Whom It May Concern,
Retired Police Captain Rod Light recently contacted me about the on-going
mischaracterization to the courts by his estranged wife, Darla Light, regarding Mr.
Light's decision to retire. Mr. Light was the sole party responsible for his decision to
retire. There was no request, nor requirement imposed upon him to leave his position
within the City of Yakima.
Mr. Light informed me that Ms. Light has misrepresented information provided to the
divorce court regarding his retirement and that, in fact, his retirement was due to the
allegations of domestic violence involving Ms. Light. Ms. Light's representation of this
fact is without merit and simply untrue.
Mr. Light was subject to a thorough and comprehensive four-month investigation
stemming from domestic violence allegations by Ms. Light. The City followed proper
protocols and procedures by having the allegations investigated by an outside police
agency. As a result of the investigation it was determined that, there was absolutely no
evidence to corroborate the allegations of domestic violence or any violations of
department policy. The allegations were unfounded and Mr Light immediately returned
to duty. However, due to the active restraining order imposed by the divorce court; Mr.
Light was restricted from carrying a firearm. Once the restraining order was amended
to conform to state and federal law, Mr. Light was returned to active full duty.
Mr. Light has had a long distinguished career with the Yakima Police Department.
If he had chosen to continue in his captain's position, he would remain on the police
force today. At no time, whatsoever was there any discussion by the City that
suggested Mr. Light should retire nor was he ever placed under any duress to make
such a decision.
If further information or clarification is warranted, please do not hesitate to contact me. I
would be happy to provide a deposition as well regarding this matter.
Sincerely,
Ton ' 'Rourke
City Manager
Yakima
'�II1i'
• •
I, Tony O'Rourke, hereby declare under penalty of perjury under the laws of the State of
Washington that the aforementioned information in this letter is true and correct and
based upon my own personal knowledge.
gra-
Signed at Yakima, Washington this 1 day of February, 2015.