HomeMy WebLinkAboutReso 02-2023 (23-14) 1
INTERIM CITY MANAGER EMPLOYMENT AGREEMENT
THIS AGREEMENT ("Agreement") is entered into and is effective as of January 9, 2023
("Effective Date"), by and between the City of South San Francisco, a municipal corporation
(hereinafter referred to as "City"), and Sharon Ranals (hereinafter referred to as "Ranals" or
"Employee"), with reference to the following facts:
RECITALS
WHEREAS, prior to the Effective Date, Ranals was employed by the City as the City's
Assistant City Manager ("ACM"). As the ACM, Ranals was entitled to the benefits afforded
management employees under the Executive Management Compensation Plan.
WHEREAS, the City Council desires to employ Ranals to act as and perform the duties
of the Interim City Manager.
WHEREAS, Ranals is agreeable to performing the duties of Interim City Manager under
the terms and conditions of this Agreement.
WHEREAS, the City has adopted an ordinance establishing the City Manager form of
government in the City of South San Francisco and setting forth the duties and responsibilities of
the City Manager.
WHEREAS, it is the desire of the City and Ranals to enter into an Employment
Agreement concerning compensation, benefits, terms, and conditions of employment of Ranals
as the Interim City Manager and to serve the following purposes:
A. To retain Ranals to perform services in a professional manner and to provide her
compensation and employment benefits which will induce Ranals to remain in the
employment of the City as Interim City Manager for the period of time specified
herein;
B. To assure Employee that, except as provided hereinafter, upon the termination of
her employment as Interim City Manager, she shall return to the performance of
her duties as the Assistant City Manager earning the same salary and enjoying the
same benefits she would have earned and enjoyed, respectively, had she remained
employed as the ACM during the term of this Agreement; and
C. To reserve to the City, however, a fair and just means of (i) terminating the
employment of Employee as Interim City Manager in the event that Ranals, for
any reason, becomes unable or unwilling to discharge fully the duties of the office
of Interim City Manager, or (ii) terminating the employment of Ranals as Interim
City Manager in the exercise of the right of the City Council to fill the position of
City Manager as the Council sees fit, and in all events to reserve to the City the
right and ability to terminate Ranals’s position as Interim City Manager at the will
of the City Council when the position of City Manager is filled by a permanent
employee or at any other time, with or without reason.
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NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
AGREEMENT
1. EMPLOYMENT. City hereby employs the Employee, and the Employee hereby
accepts employment with the City in the position of Interim City Manager, on the terms and
conditions and for the compensation herein set forth.
2. SCOPE OF DUTIES AND SERVICES.
(a) Under the terms and conditions of this Agreement, Employee shall
personally provide all the services and duties ordinarily performed by the City Manager for the
City under the direction and control of the City Council and as set forth in the South San
Francisco Municipal Code and other applicable laws, written policies and rules. Among other
things, Employee has the authority to interview, hire and fire employees, and direct the
workforce subject to the specific limitations set forth in the South San Francisco Municipal
Code. In addition, Employee shall serve as Interim Executive Director of the Successor Agency
to the South San Francisco Redevelopment Agency and shall assume any other positions to
which the City Manager has been appointed by the City Council. Employee shall perform her
obligations and responsibilities diligently within the time parameters indicated by the City
Council, applying the highest degree of professionalism, ethics, integrity and competency to the
discharge of every aspect of her obligations.
(b) Employee shall not engage in any activity which is or may become a
conflict of interest, prohibited contract, or which may create an incompatibility of office as
defined under California law. Employee shall comply fully with her reporting and disclosure
obligations under regulations promulgated by the Fair Political Practices Commission ("FPPC").
(c) Employee agrees to remain in the exclusive employ of the City during the
term of this Agreement. Employee shall dedicate her full energies and qualifications to her
employment as the Interim City Manager, and shall not engage in any other employment except
as may be specifically approved in writing in advance by the City Council.
3. TERM. The term of this Agreement shall begin on the Effective Date and shall
terminate upon an appointee assuming the position of City Manager; provided, however, that this
Agreement may be terminated at any time in accordance with the terms and conditions of this
Agreement.
4. COMPENSATION. For the services to be provided pursuant to this Agreement,
Employee shall receive the following compensation and benefits:
(a) Compensation. Employee shall be paid an annual base salary of three
hundred thirty six thousand six hundred eighty-nine dollars and twenty cents ($336,689.20),
which is an equivalent hourly rate of one hundred sixty-one dollars and eighty-seven cents
($161.87). Employee's base salary shall be increased by the same percentage and at the same
time any discretionary across-the-board increase is granted to the City's employees covered by
the Executive Management Compensation Plan. Employee's salary shall be payable in
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installments at the same time as other employees of the City covered by and in accordance with
the Executive Management Compensation Plan.
(b) General Benefits. Except as may be otherwise provided herein, Employee
shall be provided the compensation and benefits offered to all other employees covered by the
Executive Management Compensation Plan. As used herein, benefits include but are not
necessarily limited to, vacation, sick leave, holidays, administrative leave, retirement, health
insurance, dental insurance, car allowance, long-term disability insurance, and life insurance.
Employee shall not be compensated for any hours worked overtime because Employee is exempt
from overtime under the Federal Fair Labor Standards Act.
(c) Automobile. Employee's duties require that she have continuously
available transportation for business or related purposes. Employee shall provide her own vehicle
for her normal business and personal use. The Employer shall provide Employee with a monthly
auto allowance pursuant to the Executive Management Compensation Plan.
(d) Expense Reimbursement.
(i) The City recognizes that certain general expenses, dues,
subscriptions, travel, and subsistence expenses are reasonably incurred by the Employee in the
performance of job-related activities, functions, meetings, professional development, and
professional conferences such as the annual International City Manager's Association, California
City Management Foundation, League of California Cities and League's Managers' Division. The
City agrees to budget and pay for or reimburse the Employee for these expenses; provided,
however, that the amount paid under this subsection (d)(i) shall be limited by the amount the
Council budgets for such expenditures.
(ii) City agrees to reimburse Employee for expenses related to
educational courses, short courses, executive coaching, seminars and institutes that will benefit
the City and improve Employee's professional abilities; provided, that any such reimbursements
may not exceed the amount the Council budgets for such expenditures.
(iii) City shall reimburse Employee for membership and participation in
any community or civic organizations in which the City requires or encourages Employee to
participate; provided, that any such reimbursements may not exceed the amount the Council
budgets for such expenditures, but shall never be less than the actual costs of membership and
participation in any organization in which the City requires Employee to participate.
(e) Excess Vacation Accrual. In recognition of the significant demands
placed on the Interim City Manager, during the term of this agreement employee shall be
permitted to exceed the vacation accrual cap of 480 hours as set forth by the Executive
Management Compensation Plan. Employee shall continue to accrue vacation at 9.23 hours per
pay period in accordance with the Executive Management Compensation Plan. At the end of the
Interim City Manager assignment, any accrued and unused vacation hours above the 480-hours
cap shall be cashed out to Employee at the hourly equivalent rate of her Interim City Manager
salary as set forth in section 4(a).
5. REINSTATEMENT AS ASSISTANT CITY MANAGER. Notwithstanding
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anything to the contrary stated herein, during the term of this Agreement, Employee may, upon
giving the City 30 days' advance written notice, resign her position as Interim City Manager and
return to the position of and be reinstated as the ACM. Employee may elect, and shall be granted,
reinstatement to the position of ACM upon termination of this Agreement.
(a) In the event that Employee returns to the position of and is reinstated as
the ACM for any reason hereunder, Employee's salary and benefits shall be adjusted to match
that which would have been in effect at the time she is so reinstated had she not entered into this
Agreement and had, during the term of this Agreement, retained and performed the duties of her
position as ACM, including any across-the-board adjustments to base compensation awarded to
employees covered by the Executive Management Compensation Plan. Any benefits or rights
that she enjoyed solely as the Interim City Manager under the Executive Management
Compensation Plan shall terminate upon her resumption of her ACM position. Under such
circumstances, it shall be presumed that during the term of this Agreement Employee did not and
would have not received any salary increases as the ACM as a result of any performance
evaluations.
(b) During the term of this Agreement, the ACM position shall be considered
a temporary assignment, and, in the event that Employee determines that said position should be
filled while serving as Interim City Manager, it shall be communicated as such. Any temporary
assignment to the position of ACM shall terminate upon Employee’s reinstatement to the
position and shall be terminable at will. Any employee accepting a temporary assignment to the
ACM position shall be informed in writing that Ranals has the right to "bump" said employee out
of the ACM position should Ranals’s employment as Interim City Manager terminate and Ranals
therefore be entitled to be reinstated to said ACM position.
6. TERMINATION AND RESIGNATION. Notwithstanding anything to the
contrary stated herein, the City Council has the right, upon thirty (30) days’ advance written
notice to Employee, to terminate Employee’s employment as Interim City Manager at any time
during the term of this Agreement with or without cause, and nothing in this Agreement shall
prevent, limit or otherwise interfere with the right of the City Council to terminate the services of
Employee at any time without cause, subject only to the provisions set forth in this Section 6.
Notwithstanding the foregoing, the City Council may terminate Employee's employment as the
Interim City Manager under this Agreement for cause as specified in Section 6(b), below, upon
24 hours’ advance written notice. The parties agree that Employee serves at the will of the City
Council and that this Agreement and Chapter 2.36 of the South San Francisco Municipal Code
(to the extent not inconsistent with this Agreement) contain all of the terms and conditions of
Employee's employment as Interim City Manager. Employee waives any and all rights that she
may have (i) to challenge or appeal any such termination or (ii) to invoke any due process
(procedural or substantive) rights or protections as conditions to the City's right to terminate her
employment hereunder.
(a) Upon the City Council's termination of Employee's employment as Interim
City Manager or termination of this Agreement, Employee shall have the right to be reinstated to
the position of ACM under the same terms and conditions set forth in Section 5(a), above.
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(b) Notwithstanding the foregoing, if Employee is terminated as the Interim
City Manager for any or all of the reasons set forth below, then: (i) she shall not be entitled to be
reinstated as the ACM, and (ii) she shall not be entitled to any severance pay under the Exempt
Management Compensation Program:
(i) conviction of or plea of guilty or nolo contendre to any criminal
offense involving moral turpitude or any other crime (other than minor traffic violations or
similar offenses) which is likely to have a material adverse impact on the City or on the
Employee’s reputation, provided that Employee may be placed on administrative leave without
pay should she be charged with such a crime or crimes;
(ii) conviction of any crime involving an “abuse of office or position,”
as that term is defined in Government Code Section 53243.4.
(iii) willful destruction, theft, misappropriation, or misuse of City
property;
(iv) intoxication on duty, whether by alcohol or non-prescription drugs;
(v) unexcused absence;
(vi) dishonesty, fraud, or misconduct in office;
(vii) fraud or dishonesty in securing this appointment;
(viii) violation of State or federal discrimination laws concerning race,
religious creed, color, national origin, ancestry, physical or mental disability, marital status, sex
or age concerning either members of the general public or City employees;
(ix) willful or unlawful retaliation against any other City official or
employee or member of the general public who in good faith reports, discloses, divulges or
otherwise brings to the attention of any appropriate authority any facts or information relative to
actual or suspected violations of any law occurring on the job or directly related thereto; or
(x) refusal to comply with any lawful direction, decision or order
given or made by a majority of the City Council
(xi) any grossly negligent action or inaction by Employee that
materially and adversely: (a) impedes or disrupts the operations of City or its organizational
units; (b) is detrimental to employees or public safety; or (c) violates City’s properly-established
rules or procedures.
(c) If, upon the termination of this Agreement, Employee receives any cash
settlement from the City related to that termination, the Employee shall fully reimburse the City
the amount of said cash settlement if the Employee is convicted of a crime involving an abuse of
the office of Interim City Manager. Said reimbursement shall be paid to the City within thirty
(30) days after said conviction becomes final and is no longer subject to any appeal.
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7. BONDING. City shall bear the full cost of any fidelity or other bond required of
Employee as the Interim City Manager under any law or ordinance.
8. GENERAL PROVISIONS.
(a) Notices. Any notice to be given by either party to the other shall be in
writing and shall be considered delivered when transmitted either by personal delivery or by
mail, registered or certified, postage pre-paid with return receipt requested and properly
addressed as follows or by email and fax (if by email and fax, the notice shall be deemed
received on the date sent provided that there is evidence that the notice was received on that
date):
To City: Mayor & City Council
City of South San Francisco
400 Grand Avenue
P.O. Box 711
South San Francisco, CA 94080
With copy to: Sky Woodruff, City Attorney
1999 Harrison Street, 9th Floor
Oakland, CA 94612
To Employee:
Any party may change her/its address for purposes of this section by giving the other party
written notice of the new address in the manner •set forth above.
(b) Waiver. The waiver of any breach of any provision hereunder by either
party to this Agreement shall not be deemed to be a waiver of any other provision or subsequent
breach hereunder, nor shall any waiver constitute a continuing waiver. No waiver shall be
binding unless executed in writing by the party marking the waiver.
(c) Construction of Terms. The language of all parts of this Agreement shall
be construed according to their plain meaning and shall not be construed for or against either
party. Any rule of construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Agreement or any amendment or
exhibits hereto.
(d) Severability. If any term, provision, covenant or condition of this
Agreement is held by a court of competent jurisdiction to be unenforceable, void or invalid, in
whole or in part, for any reason, the remainder of this Agreement shall remain in full force and
effect. In the event of such entire or partial invalidity, the parties hereto agree to enter into
supplemental or other agreements to effectuate the intent of the parties and the purpose of this
Agreement.
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(e) Controlling Law. This Agreement shall be construed in accordance with
and governed by the laws of the State of California, with venue proper only in the County of
Marin, State of California.
(f) Entire Agreement. This Agreement constitutes the entire Agreement
between the parties pertaining to the employment of Employee by the City and supersedes all
prior and contemporaneous agreements, representations, promises and understanding of the
parties, whether oral or in writing. No supplement, modification or amendment of this
Agreement shall be binding, unless executed in writing by all parties and this Agreement may
not be altered, amended or modified by any other means. Each party waives their future right to
claim, contend, or assert that this Agreement was modified, canceled, superseded or changed by
any oral agreement, course of conduct, waiver, or estoppel.
(g) Other Terms and Conditions of Employment. The Council, in consultation
with the Employee, may fix any such other terms and conditions of employment relating to the
performance of the Employee, provided the terms or conditions do not conflict with the
provisions of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first
written above.
CITY OF SOUTH SAN FRANCISCO
BY: _________________________________
Flor Nicolas, Mayor
ATTEST
_____________________________________
Rosa Govea Acosta, City Clerk
APPROVED AS TO FORM
_____________________________________
Sky Woodruff, City Attorney
SHARON RANALS
By: _________________________________
Sharon Ranals
5266444.4
Executive Management Only City of South San Francisco | Salary Schedule
Effective 1/09/2023
JOB TITLE JOB CODE EFFECTIVE DATE UNIT Pay Type MINIMUM CONTROL
POINT MAXIMUM
Assistant City Manager N100 7/22/2022 EXEC Houly 121.62$ 133.78$ 147.15$
Bi-Weekly 9,729.00$ 10,702.00$ 11,772.00$
Monthly 21,080.00$ 23,188.00$ 25,507.00$
Assistant to the City Manager N180 7/22/2022 EXEC Hourly 72.78$ 80.06$ 88.06$
Bi-Weekly 5,822.00$ 6,405.00$ 7,045.00$
Monthly 12,615.00$ 13,876.00$ 15,264.00$
Interim City Manager N110 1/9/2023 EXEC Hourly 161.87$
Bi-Weekly 12,949.60$
Monthly 28,057.47$
Communications Director N190 7/22/2022 EXEC Hourly 104.39$ 114.82$ 126.31$
Bi-Weekly 8,351.00$ 9,186.00$ 10,105.00$
Monthly 18,094.00$ 19,903.00$ 21,893.00$
Deputy City Manager N120 11/11/2022 EXEC Hourly 104.39$ 114.82$ 126.31$
Bi-Weekly 8,351.00$ 9,186.00$ 10,105.00$
Monthly 18,094.00$ 19,903.00$ 21,893.00$
Director of Capital Projects N195 7/22/2022 EXEC Hourly 104.39$ 114.82$ 126.31$
Bi-Weekly 8,351.00$ 9,186.00$ 10,105.00$
Monthly 18,094.00$ 19,903.00$ 21,893.00$
Director of Economic & Community Development N140 7/22/2022 EXEC Hourly 106.52$ 117.17$ 128.88$
Bi-Weekly 8,521.00$ 9,373.00$ 10,311.00$
Monthly 18,463.00$ 20,309.00$ 22,340.00$
Director of Finance N145 7/22/2022 EXEC Hourly 108.41$ 119.25$ 131.17$
Bi-Weekly 8,672.00$ 9,540.00$ 10,494.00$
Monthly 18,790.00$ 20,669.00$ 22,736.00$
Fire Chief N150 7/22/2022 EXEC Hourly 124.32$ 136.75$ 150.43$
Bi-Weekly 9,946.00$ 10,940.00$ 12,034.00$
Monthly 21,549.00$ 23,704.00$ 26,074.00$
Director of Human Resources N130 7/22/2022 EXEC Hourly 104.39$ 114.82$ 126.31$
Bi-Weekly 8,351.00$ 9,186.00$ 10,105.00$
Monthly 18,094.00$ 19,903.00$ 21,893.00$
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Executive Management Only City of South San Francisco | Salary Schedule
Effective 1/09/2023
JOB TITLE JOB CODE EFFECTIVE DATE UNIT Pay Type MINIMUM CONTROL
POINT MAXIMUM
Director of Information Technology N165 7/22/2022 EXEC Hourly 107.39$ 118.13$ 129.94$
Bi-Weekly 8,591.00$ 9,450.00$ 10,395.00$
Monthly 18,614.00$ 20,475.00$ 22,523.00$
Library Director N110 7/22/2022 EXEC Hourly 104.87$ 115.36$ 126.90$
Bi-Weekly 8,390.00$ 9,229.00$ 10,152.00$
Monthly 18,178.00$ 19,996.00$ 21,995.00$
Director of Parks and Recreation N175 7/22/2022 EXEC Hourly 109.12$ 120.03$ 132.03$
Bi-Weekly 8,729.00$ 9,602.00$ 10,563.00$
Monthly 18,914.00$ 20,805.00$ 22,886.00$
Chief of Police N155 7/22/2022 EXEC Hourly 127.57$ 140.33$ 154.36$
Bi-Weekly 10,206.00$ 11,226.00$ 12,349.00$
Monthly 22,112.00$ 24,323.00$ 26,756.00$
Director of Public Works N160 7/22/2022 EXEC Hourly 108.95$ 119.85$ 131.84$
Bi-Weekly 8,716.00$ 9,588.00$ 10,547.00$
Monthly 18,885.00$ 20,774.00$ 22,851.00$
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