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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, Page 1 of 4 • • 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. Page 2 of 4 • • 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 Page 3 of 4 • 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.