HomeMy WebLinkAboutMINUTES - 05222007 - HA.4 TO: HOUSING AUTHORITY C®C1tC'a
BOARD OF COMMISSIONERS
FROM: JOHN CULLEN, County Administrator Costa°` ,!
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DATE: MAY 16, 2007 d ra...... • County
SUBJECT: HOUSING AUTHORITY(EXECUTIVE DIRECTOR CONTRACT
I
SPECIFIC REQUEST(S)OR RECOMMENDATION(-")&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
APPROVE and AUTHORIZE the Chair, Board of Commissioners of the Housing Authority
of Contra Costa County, to-execute an employment agreement between the Housing
Authority and Joseph Villarreal for the position of Executive Director, Housing Authority of
the County of Contra Costa.
FISCAL IMPACT
All costs of the employment contract are provided for in the Housing Authority budget.
BACKGROUND
On Tuesday, May 15, 2007, following Closed Session discussion, the Contra Costa County
Housing Authority Board of Commissioners announced the appointment of Joseph
Villarreal as Executive Director! Mr. Villarreal will begin his employment June 11, 2007.
The attached employment agreement was negotiated on behalf of the Commissioners by
the County Administrator.
CONTINUED ON ATTACHMENT: AYES SIGNATURE.
✓RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMEN A ON OF BOARD COMMITTE
_�PPROVE _OTHER
SIGNATURE(-"):
ACTION OF BOA N APPROVE AS RECOMMENDED O HER ^�
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT_ ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED: MAY 22,2007
CONTACT: JOHN CULLEN (925)335-1085 JOHN CULLEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
CC: JOSEPH VILLARREAL
COUNTY ADMINISTRATOR
BY C/i/'I/"t l_iCJM/�/ 'DEPUTY
EMPLOYMENT AGREEMENT
EXECUTIVE DIRECTOR
HOUSING A UTHORITY OF THE COUNTY OF CONTRA COSTA
1. Parties..EffectiveJuneA;2007,this Agreement is made byand between theHousingAuthorityof the
County of Contra Costa("Authority")and Joseph E.Villaneal(hereafter"Employee),and supersedes
any prior contracts or agreements.
2. Term. AuthorityherebyemploysEmployee asthe Executive DirectoroftheHousingAuthorityofthe
County of Contra Costa from the effective date of this Agreement to December 3l;2008("Ending
Date) unless this Agreement is sooner terminated as provided herein, Ifthis Agreement is not terminated
or renewed prior to the Ending Date,it will automatically continuee on the same terms and conditions for
successive two year periods until terminated by the Board of Commissioners
3. Status of Employee. Employee is an"at will"employee of the Authority. Employee agrees to remain
in the exclusive employ of the Authority during the term of this Agreement.
4. Duties. Subject to the oversight of the Authority's Board of Commissioners,Employee will perform
those duties assigned bythe Board of Commissioners,including but not limited to those duties specified
in thejob description for the I Executive Director..Employee will perform these duties to the best ofhis .
ability in accordance with the highest professional and ethical standards ofthe profession and will comply
with all applicable rules and regulations established by.HUD,State law,and the Board of Commissioners.
5. Conflict'of Interest Prohibited. Employee will not engage in anyactivitythatwouldbeaviolation of
the Political Reform Act(Government Code§§81000 et seq.),Government Code§1090,Health and
Safety.Code§34281,orwhichmaycreate anincompatibilityofofficeunder California Law. EmpIoyee
will comply with all disclosure requirements.
6. Compensation.
a. BaseSalaryandCostofLivingAdiustments. Commencing with thepayperiod beginningJune
1,2007,Authoritywill payEmployee anannual salary of$134.706,paidmonthly and prorated
for the first month,at the same time Authoritypays its other employees,subject to the withholding
of state and federal income tax,Social Security,state disability and such federal,state and local
taxes and other deductions and withholding as maybe legallyrequired. Employee will receive
the same percentage cost of living adjustments,if any,to his salary as those the Authority
provides for its other employees.
b. Pay forPerformance. In its sole discretion,the Board of Commissioners maymake up to two
performance adjustments of up.to five.percent(5%)ofbase pay,for a maximum total often
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percent(10%),based upon over-all performance. Such adjustment maybe made only after an
evaluation under Section 8 of this agreement.
7. Benefits.
a. General. Employee shall receive such employee benefits as are provided to Housing Authority
employees in accordance with established Authoritypolicies,as theymayberrodified from time
to time. Benefits pro videdbytheAuthorityunderits existing policies include regularholidays,
annual leave,sick leave,personal holiday leave,management leave,health insurance,dental
insurance life insurance,disability,retirement benefits,and other employment benefits. Employee
mayuse and accrue Ieave time in accordance with the Authority's policies,as maybe modified
from time to time. Employee is entitled to participate in anyother plans offered bythe Authority,
such as deferred compensation or retirement plans,health, life,or other insurance plans to the
extent allowed by the Authority's plans and policies.
b. ExecutiveAutomobile Allowance. Employee shallbe entitledto amonthlyautomobile allowance
of$600 permonthwhich includes in-countymileage.Out-of-Countymileagewillbe reimbursed
at Authority-approved rates.
8. Evaluation. Each year, commencing December 1, 2007, and more frequently if desired by the
Authority's Board ofConnnissioners,Employee and the Board ofCommissioners will meetto evaluate
Employee's performance and to set goals and objectives for Employee's performance.
9. Expense Reimbursement and Training Costs. Authoritywill reimburse Employee for actual and
necessary expenses incurred in the performance of Employee's obligations under this Agreement,so long
as such reimbursement is authorized pursuant to apolicy approved bythe Board of Commissioners. In
addition to the general duties ofExecutive Director,Employee mayparticipate in professional activities
(e.g.,conferences,seminars,professional training,panels and membership in relevant organizations,etc.),
which are relevant to the overall operations of the Authority. All expenses incurred in connection with
such professional activities will be paid in accordance with thepolicies adopted by the Authority,as they
may be modified from time to time.
10. Termination. AnyofthefollowingwilltenninatetWsAgreement,includingtheemploymentofEmployee
by Authority:
a. Employee's resignation;
b. Authority's temlination ofEmployee's employment in accordancewith Section 11,subsections
(b)or(c)below;
C. The parties'mutual written consent to terminate this Agreement;
d. Dissolution of thel Authority;
e. Death,retirement o'permanent disability ofEmployee when such disability prevents Employee
from performing the essential functions of his job.
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11. Resignation and Termination by Authority.
a. Employee may resign his employment at any time upon sixty(60)days advance written notice of
the effective date of his resignation to the Authority
b. At its discretion,Authority may tenninate Employee's employment at any time upon sixty(60)
days advance written notice to Employee,or immediately upon mutual consent of the Authority
and Employee.
C. Notwithstanding subsection(b),Authority may immediatelytenninate this Agreement at anytime
for cause, if Employee commits any act of gross insubordination, dishonesty, fraud,
misrepresentation,embezzlement,bribery or.perjury;or violates conflict of interest laws;or is
convicted of a felony,or is convicted of a misdemeanor involving moral turpitude. In the event
oftermination for.cause,as defined above, Employee will not be entitled to anyseverance pay
or any payment for,severance health benefits. In such event,Authority's total liability.to
Employee will be limited to payment ofEmployee's compensation through the effective date of
termination,together with cash reimbursement for any compensable leave accrual balances.
12. Severance Pay and Release of Claims. In the event this Agreement is terminated by Authority
pursuant to Section I I(b)above,without cause("cause"is defined in Section 11(c)above),before the
completion ofthe term ofthis Agreement,Authorityagrees to payEmployee the following liquidated
damages and medical benefit1payments in equal,consecutive monthly installments commencing on the date
oftermination. Such payment ofliquidated damages and medical benefit payments willbe subject to such
withholding ofincome tax,Social Security,and other federal state and local taxes and deductions and
contributions as maybe legally required. On behalf of himself,his heirs,and representatives,Employee
agrees to accept said liquidated damages and medical benefit payments in full and complete settlement
and release of any claims Employee has or may have against Authority,Contra Costa County,or their
respective members officers and employees arising from or in anyway connected with his employment
by the Authority, this Agreement,or the termination of this Agreement.
a. Authority will payEmployee as liquidated damages in accordancewith Government Code section
53260,in installments as specified above,a cash payment equal to Employee's monthly salary
multipliedbysix months orbythenumberofmonths left on the unexpiredterm ofthe Agreement,
whichever is less.
b. In addition, Authority will pay,in accordance with Government Code section 53261, for
Employee's purchase ofhealth benefits,the monthly monetary allotment for the cost ofthose
benefits for a period of six months or for the number of months remaining on the contract,
whichever is less,not to exceed the amount ofEmployee's monthlymedical and dental insurance
premiums at the time of termination.
13. Administrative Leave. At its option,Authority mayplace Employee on administrative leave with pay.
14. Amendment. Except as otherwise expresslyprovided herein,this Agreement maybe amended onlyby
a written document executed by both parties hereto.
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15. EntireAgreement. This Agreement contains all of the terms and conditions agreed upon bytheparties
except as expressly provided herein,no other.understanding,.oral or otherwise,regarding the subject
matter of this Agreement will be deemed to.exist or to bind any of the parties hereto.
16. No Assignment. Neitherpartymayassignortransferanyrightsgranted crobligationsassumed under
this Agreement.
17. Choice of Law. This Agreement is made in Contra Costa County.and will be governed and construed
in accordance.with the laws of the State of California. Any action relating to this contract shall be
instituted and prosecuted in the courts of the State of California for the County of Contra Costa.
18. Notice. AnynoticerequiredbythisAgreement to.begiven byonepartytotheotherwillbesufficient
ifgiven to the party by personal deliveryor if mailed to the partyby first-class mail postage prepaid,
addressed as follows.
If to COUNTY:
Chairperson,Board of Commissioners
Housing Authority of the County.of Contra Costa
County of Contra Costa
651 Pine Street,Room 106
Martinez,CA 94553
With a co ip es to:
County Administrator County Counsel
651 Pine.Street, 11 th Floor 651 Pine Street,9th Floor
Martinez, CA 94553 Martinez, CA 94553
If to EMPLOYEE:
Joseph E. Villarreal,Executive Director
Housing Authority of the County of Contra Costa
3133 Estudillo Street
Martinez,CA 94553
19. Signatures. These signatures attest the parties' agreement hereto:
EMPLOYEE HOUSING AUTHORITY OF THE
COUNTY OF CONTRA COSTA
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