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C16-04.1CHIEF OF POLICE EMPLOYMENT AGREEMENT This CHIEF OF POLICE EMPLOYMENT AGREEMENT (hereinafter referred to as the "AGREEMENT") is entered into and made effective the 21st day of February 2017, by and between the CITY OF BEAUMONT, (hereinafter referred to as the "CITY"), and SEAN THUILLIEZ, an individual (hereinafter referred to as "EMPLOYEE"). For purposes of this AGREEMENT, CITY and EMPLOYEE may be collectively referred to as the "Parties" or individually as a "Party." RECITALS WHEREAS, EMPLOYEE is currently employed as Chief of Police for CITY pursuant to an agreement entitled "Chief of Police Agreement," dated March 15, 2016; WHEREAS, based on EMPLOYEE's qualifications and ability, the CITY MANAGER desires that EMPLOYEE continues to serve as the Chief of Police for CITY; WHEREAS, EMPLOYEE desires to continue performing the duties of Chief of Police for CITY; and WHEREAS, EMPLOYEE and CITY acknowledge and agree that this Agreement is not covered by and shall supersede the Memorandum of Understanding between City of Beaumont and Police Management as Individuals Effective January 1, 2016 ("Police Management Group MOU"); and WHEREAS, the Parties wish to establish the terms and conditions of EMPLOYEE's provision of professional services to CITY through this AGREEMENT. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, CITY and EMPLOYEE hereby agree as follows: 1. POSITION. DUTIES AND TERM. 1.1 Incorporation of Recitals. The above recitals are incorporated herein and made a part of this Agreement. 1.2 Position. EMPLOYEE accepts employment with CITY as its CHIEF OF POLICE and shall perform all functions, duties and services set forth in Section 1.5 (Duties) of this Agreement. 1.3 Effective Date of Aw eement/Term. This Agreement is for an unspecified term and is subject to the termination provision in Section 4. 1 (a) Nothing in this Agreement shall confer upon EMPLOYEE any right to any property interest in continued employment with CITY. 1.4 Duties. EMPLOYEE shall serve as the Chief of Police and shall be vested with the powers, duties and responsibilities of the Chief of Police as set forth in the Beaumont Municipal Code, as the same may be amended or modified from time -to -time by the City Council, the California Code, and CITY's policies and procedures approved by the City Council, as may be provided from time to time. EMPLOYEE's performance of EMPLOYEE's duties shall be subject to the direction of the City Manager. It is the intent of the Parties that EMPLOYEE keeps the City Manager fully informed of all significant operations or major undertakings of the Police Department. EMPLOYEE shall provide the City Manager with regular status reports on the operations and activities of the Police Department. EMPLOYEE shall perform such duties as are customary and appropriate to the position of Chief of Police as well as such special duties as may be assigned to Chief of Police from time to time by the City Manager. Notwithstanding EMPLOYEE's duties as Chief of Police, nothing in this Agreement shall be construed to prohibit direct communications between the City Manager and employees within the Police Department. EMPLOYEE shall attend all City Council meetings, unless excused or directed otherwise by the City Manager. 1.6 Work Hours. The position of Chief of Police is an exempt position under state and federal wage and hour laws. EMPLOYEE's compensation (whether salary or benefits or other allowances) is not based on hours worked. EMPLOYEE shall not be entitled to any compensation for overtime, missed meal or rest periods, reporting time, or any other wage and hour benefits conferred upon non-exempt employees under state or federal wage and hour laws, including regulations propounded in applicable Industrial Welfare Orders. EMPLOYEE is expected to engage in those hours of work that are necessary to fulfill the obligations of the Chief of Police position. The Chief of Police does not have set hours of work as the Chief of Police is expected to be available at all reasonable and relevant times. 1.7 Regional and Professional Activities. CITY desires that EMPLOYEE be reasonably active in professional organizations that will promote the standing of CITY and advance CITY's goals, interests and policy objectives while also providing EMPLOYEE with opportunities for the type of professional development that will enhance EMPLOYEE'S ability to serve CITY and perform EMPLOYEE'S duties as Chief of Police. Toward this end, EMPLOYEE may, upon reasonable notice and approval by the City Manager, join professional organizations and participate in the activities of such organizations in so far as such participation promotes the interests of CITY and does not unduly interfere with the performance of EMPLOYEE's duties as Chief of Police. CITY agrees to budget and, consistent with that budget, pay for the dues, conference and travel fees, and subscriptions of the Chief of Police necessary for EMPLOYEE'S participation in national, statewide, regional or professional organizations. 1.8 Non -CITY Activities. In accordance with Government Code Section 1126, during the period of EMPLOYEE'S employment, EMPLOYEE shall not accept, without the express prior written consent of the City Manager, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity (except as permitted under Section 1.7 (Regional and Professional Activity), whether or not to pecuniary advantage, that is 2 or may be competitive with CITY, that might cause a conflict-of-interest with CITY, or that otherwise might interfere with the business or operation of CITY or the satisfactory performance of EMPLOYEE's duties as Chief of Police. 1.9 Restriction on Outside Business Activities. During his employment, EMPLOYEE shall devote his full business time, energy, and ability exclusively to the business and interests of CITY, and shall not, without prior written consent of City Manager, render services to others of any kind for compensation, or engage in other business activity that would materially interfere with the performance of EMPLOYEE'S duties under this Agreement, except that: (a) The expenditure of reasonable amounts of time, not in conflict with the CITY'S needs and interests, for educational, charitable, community, and professional activities, shall not be deemed a breach of this Section 1.9 and shall not require prior consent; and (b) This Agreement shall not be interpreted to prohibit EMPLOYEE from making passive, personal investments or conducting private affairs in those activities that do not materially interfere with the EMPLOYEE'S duties under this Agreement or create or result in conflicts of interests with CITY. 1.10 Supersedes All Other Prior Agreements. The Parties agree that this Agreement supersedes all prior oral and written agreements, understandings, commitments, and practices between them, including all prior employment agreements, whether or not fully performed by Employee before the date of this agreement. 2. COMPENSATION AND BENEFITS AND REIMBURSEMENTS. 2.1 Base Salary. Commencing on the date EMPLOYEE commences full time work with the CITY, EMPLOYEE shall receive a base annual salary of $193,502.40, one hundred ninety three thousand five hundred two dollars and forty cents per year, (hereinafter, the "Base Salary"). The Parties understand and agree that the amount of the Base Salary, as preliminarily established for the year 2017, may be adjusted from time -to -time by the CITY MANAGER following a performance evaluation, as provided for in Section 2.2 (below). In no event shall EMPLOYEE's base salary adjust automatically pursuant to any mechanism, and in no event shall EMPLOYEE's base salary exceed the maximum amount approved by the City Council, including in the CITY' s Salary Chart or any other salary table or other document that may be adopted by the City Council in the future. The Base Salary shall be payable in monthly or bi- weekly installments at the same time and in the same manner as other management employees of CITY. EMPLOYEE's salary shall be subject to customary withholding for taxes and other required deductions. 2.2 Performance Review. On or before the anniversary date of execution of this Agreement, the City Manager will undertake a job performance review of EMPLOYEE. In connection with such performance review, the City Manager may consider any adjustments in EMPLOYEE's compensation consistent with the CITY's Salary Chart. The failure of CITY to undertake a performance evaluation shall not limit CITY' s ability to terminate this Agreement pursuant to Section 4 (Termination). 3 2.3 Benefits. In addition to Base Salary, CITY shall also provide EMPLOYEE with the following benefits: (a) Cafeteria Plan, Dependent Care Flexible Spending Account, Life and Short Term Disability Insurance, Vacation Accrual, Sick Leave, Public Employees Retirement System (PERS) Eligibility, Certificate, Education and Reimbursements. EMPLOYEE shall be provided with these benefits to the same extent as those benefits are provided to the members of the Non -represented Police Management Group , whether as described in the Police Management Group MOU referred to in the Recitals or in the City's Employment Policies, whichever is applicable, as those document may be modified or amended from time to time. 2.4 Use of City -Owned Automobile. EMPLOYEE shall be given exclusive use of an emergency equipped CITY -owned or leased automobile subject to the following restrictions on use: (i) the automobile shall be used primarily for the purpose of commuting to and from work and for the performance of CITY business; (ii) EMPLOYEE will not allow the automobile to be driven by any third party, except by CITY personnel in the performance of CITY business or in the course of routine vehicle maintenance or repair; (iii) the automobile may not be used for, or in the furtherance of, any unlawful purpose or act or for private commercial gain; (iv) to the fullest extent permitted by law, EMPLOYEE waives and releases CITY from any workers compensation claim which EMPLOYEE may otherwise assert to the extent any injuries suffered by EMPLOYEE while driving the automobile were sustained while EMPLOYEE was using the vehicle for a non -CITY -related purpose (including, but not limited to, personal travel or entertainment or travel in connection with household errands or travel to and from work). EMPLOYEE may not use the vehicle for travel to locations outside of the State of California, without the prior approval of the City Manager. CITY shall be responsible for paying: (i) all premiums for legally required automobile insurance; and (ii) all vehicle maintenance and repair. In accordance with CITY reimbursement policies, EMPLOYEE may claim reimbursement for gasoline expenses to the extent such expenses are incurred in the performance of CITY business. 2.5 Jury Duty. EMPLOYE will receive Base Salary and benefits while responding to a jury summons or serving on a jury. Any compensation for such jury duty (except travel pay) shall be remitted to CITY. 2.6 Business Related Equipment. CITY shall also provide EMPLOYEE a smart phone and personal computer (at work) for use in connection with CITY business. CITY shall be responsible for maintenance of said items. 2.7 Participation in Additional CITY Programs. EMPLOYEE shall be eligible to participate in any other CITY programs/employment benefits to the extent they are offered to non -represented CITY management employees, including but not limited to, the bilingual program or deferred compensation plan. 2.8 Administrative/Personal Leave. EMPLOYEE shall be allocated a maximum of forty (40) hours of administrative/personal leave on July 1st of each CITY fiscal year. The 4 maximum amount of administrative/personal leave that EMPLOYEE may accrue at any given time may not exceed eighty (80) hours total. Accrued but unused administrative/personal leave may not be rolled over to the next CITY fiscal year and may not be sold back to CITY. EMPLOYEE may request payment of up to forty (40) hours banked vacation pay, to be paid by separate check, per calendar year. Requests for payment of banked administrative pay should be submitted in accordance with the procedure stated in the Police Management Group MOU. 3. ILLNESS OR INJURY; DISABILITY AND DEATH. 3.1 Cessation of Work Due to Injury or Disability. CITY reserves the right to terminate EMPLOYEE's employment along with this Agreement if EMPLOYEE ceases to work as a result of injury or disability which results in Employee being unable to perform the essential duties of the Chief of Police position, with or without accommodation, for a period of six (6) consecutive months or more, as documented by a healthcare provider. The foregoing notwithstanding, CITY may terminate EMPLOYEE if, in the CITY'S unilateral discretion, the disability poses a direct threat to the safety of CITY, EMPLOYEE or any other employees working for CITY and any reasonable accommodation attempted by CITY would not mitigate or eliminate such a threat. CITY will not provide a severance payment if EMPLOYEE is terminated under this Section 3.1 of this Agreement. 3.2 Compensation for Work -Related Illness or Iniury. In the event EMPLOYEE suffers a physical or mental illness or disability arising out of the course of employment, EMPLOYEE's exclusive remedy or remedies against CITY for such illness, injury or disability shall be those legally allowed under the workers' compensation laws of the State of California. The Parties further agree that the California Workers Compensation Appeals Board shall be the exclusive venue for any claim of physical or mental illness or disability arising out of the course of EMPLOYEE' S employment with the CITY. 3.3 Medical Examination. EMPLOYEE agrees to submit to a medical and/or psychological examination by a qualified physician or psychiatrist selected by CITY, in the event the CITY determines a medical and/or psychological examination is needed to make a decision under Sections 3.1 through 3.2. CITY and EMPLOYEE shall receive a copy of all medical reports related to the examination. 3.4 Death of Employee. This Agreement along with EMPLOYEE's employment shall terminate automatically upon EMPLOYEE's death. 3.5 Compensation Upon Termination. Except as otherwise provided under this Agreement, if EMPLOYEE's employment is terminated pursuant to this Section 3 (Illness or Injury; Disability and Death), CITY shall pay EMPLOYEE all Base Salary, benefits, and compensation due and owing EMPLOYEE through the last day actually worked. If termination is caused by EMPLOYEE's death, CITY shall provide the compensation and benefits otherwise due EMPLOYEE to EMPLOYEE's executor, administrator, heirs, personal representatives, successors, and assigns. CITY will not provide for severance pay if EMPLOYEE is terminated under the provisions of Section 3.1 through 3.5, above. 5 4. TERMINATION. 4.1 Termination by Employee. EMPLOYEE may terminate EMPLOYEE'S employment for any reason, and at any time, with or without cause, by providing CITY with no less than thirty (30) days prior written notice. In such event, CITY shall have the option, in its complete discretion, to make EMPLOYEE's termination effective upon any date preceding the 30 -day notice period, provided CITY pays EMPLOYEE all compensation due and owing EMPLOYEE through the last day actually worked, plus an amount equal to the Base Salary EMPLOYEE would have earned through the balance of the thirty (30) day notice period. CITY will not provide a severance payment if EMPLOYEE is terminated under this Section 4.1 of this Agreement. 4.2 Termination for Cause by CITY. (a) CITY may terminate EMPLOYEE's employment with CITY and this Agreement at any time by providing EMPLOYEE written notice of EMPLOYEE'S termination for cause and the reason(s) for the termination, and an opportunity for an opportunity for an administrative appeal pursuant to Government Code section 3304. In the event the City Manager and EMPLOYEE are unable to resolve any disagreement regarding the cause for EMPLOYEE'S, the Parties agree to arbitration as provided in Section 6. In the event of termination under this Section 4.2, CITY shall pay EMPLOYEE for EMPLOYEE'S accrued and unused vacation, sick and administrative leave, as provided for in this Agreement. The term "cause" shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: 1) breach of this AGREEMENT, 2) willful or persistent breach of duties, 3) resume fraud or other acts of material dishonesty, 4) unauthorized absence or leave not otherwise supported by valid documentation from a healthcare provider, 5) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality), conviction of a misdemeanor DUI, or conviction of a felony under California law (the CITY may, in its discretion, place EMPLOYEE on paid or unpaid administrative leave until resolution of charges brought against EMPLOYEE), 6) violation of the CITY' s anti -harassment policies and/or a finding that legally prohibited personal acts of harassment, discrimination, and/or retaliation against a CITY official, CITY employee, or any individual protected by state or federal laws prohibiting harassment, discrimination, and/or retaliation, 7) violation of the CITY's Municipal Code, ordinances, rules or regulations, including but not limited to the CITY 's Rules and Regulations and Administrative Policies, 8) use or possession of illegal drugs, 9) engaging in conduct tending to bring embarrassment or disrepute to the CITY, 10) any illegal or unethical act involving personal gain, 11) pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted directions or policy decisions of the City Council or City Manager, 12) gross misfeasance or gross malfeasance, 13) incompatibility of the management styles of EMPLOYEE and CITY or City Manager, and 14) change in administration of CITY. If the CITY terminates for cause this AGREEMENT and the services of EMPLOYEE hereunder, EMPLOYEE shall not be entitled to assume any further position or employment with the CITY. 6 (b) In the event of termination pursuant to Section 4.2(a) for the reasons of "incompatibility of the management styles of EMPLOYEE and CITY or City Manager" or "change in administration of CITY," CITY will provide EMPLOYEE with a "severance payment" in an amount equal to six (6) months, less any and all applicable or legally required deductions. The "severance payment" shall be paid to EMPLOYEE in addition to the accrued vacation and/or sick leave and administrative/personal leave as provided above together with any extension of benefits required under California law. The foregoing notwithstanding, in no event shall the "severance payment" include the payment of any sums prohibited pursuant to Government Code Section 53260-53264, and any such sums shall be deducted from the "severance payment." 4.3 Termination Obligation. EMPLOYEE agrees that all property, including without limitation, all equipment, tangible, Proprietary Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by EMPLOYEE incident to EMPLOYEE'S employment are the property of CITY and shall be returned promptly to CITY upon termination of EMPLOYEE's employment. EMPLOYEE's obligations under this subsection shall survive the termination of EMPLOYEE'S employment and the expiration or early termination of this Agreement. 4.4 Benefits Upon Termination. All benefits to which EMPLOYEE is entitled under this Agreement shall cease upon EMPLOYEE's termination in accordance with this Section 4 (Termination), unless expressly continued under this Agreement, under any specific written policy or benefit plan applicable to EMPLOYEE, under any other agreement for the continued provision of benefits, or unless otherwise required by law. 5. CONFLICT OF INTEREST. 5.1 EMPLOYEE shall not, during the term of this Agreement, individually, as a partner, joint venture, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of CITY, except for stock ownership in any company whose capital stock is publicly held and regularly traded, without prior approval of the City Manager and City Council. EMPLOYEE shall also be subject to the conflict of interest provisions of the Government Code of the State of California, the CITY' s Municipal Code, and any other conflict of interest regulations applicable to EMPLOYEE's employment with CITY. For and during the Term of this Agreement and any extension term, EMPLOYEE further agrees that except for a personal residence or residential property acquired or held for future use as EMPLOYEE'S personal residence, EMPLOYEE will not invest in any other real estate or property improvements within the corporate limits of CITY without the prior consent of the City Manager and City Council. 6. ARBITRATION OF DISPUTES. This arbitration provision does not apply to any claim, dispute, or controversy that in any way concerns the CITY'S right under this Agreement to terminate EMPLOYEE for convenience 7 and/or without cause including, but not limited to, CITY'S exercise of its rights under Section 1.4(a) and Section 4.1 above. Any claim, dispute, or controversy which would otherwise require or allow resort to any court or other governmental dispute resolution forum between EMPLOYEE and CITY arising from, related to, or having any relationship or connection whatsoever with Employees employment or the terms of this Agreement, whether based on tort, contract, statutory, or equitable law, or otherwise, shall be submitted to and determined exclusively by binding arbitration under the Federal Arbitration Act, in conformity with the procedures of the California Arbitration Act (Cal. Code Civ. Proc. sec 1280 et seq.), including section 1283.05 and all of the acts other mandatory and permissive rights to discovery); provided, however, that: in addition to requirements imposed by law, any arbitrator herein shall be a retired California Superior Court Judge and shall be subject to disqualification on the same grounds as would apply to a judge of such court. If for any reason the Parties cannot agree to an arbitrator, either Party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator. The court shall then appoint an arbitrator, who shall act under this agreement with the same force and effect as if the Parties had selected the arbitrator by mutual agreement. The arbitrator shall then prescribe the rules and procedures for the arbitration process in accordance with laws that are applicable to the claim being raised or any other claims. EMPLOYEE understands that by agreeing to this binding arbitration provision, both CITY and EMPLOYEE give up their right to a trial by jury. 7. GENERAL PROVISIONS. 7.1 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to CITY at the address below or at the last known address maintained in EMPLOYEE personnel file. EMPLOYEE agrees to notify CITY in writing of any change in EMPLOYEE'S address during EMPLOYEE'S employment with CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section. CITY's Notice Address: City of Beaumont 550 East Sixth Street Beaumont, CA 92223 Attn: CITY MANAGER CHIEF OF POLICE's Notice Address: (Last listed address In employee's personnel file) 7.2 Bonding. CITY shall bear the full cost of any fidelity or other bonds required of the CHIEF OF POLICE under any laws or ordinance. 8 7.3 Entire Agreement. This Agreement is intended to be the final, complete, and exclusive statement of the terms of EMPLOYEE's employment by CITY. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of EMPLOYEE, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of CITY, now or in the future, apply to EMPLOYEE and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control. However, as noted in Section 2.7 above, EMPLOYEE shall be eligible to participate in any other CITY programs/employment benefits to the extent they are offered to non -represented CITY employees. 7.4 Amendments. Except as otherwise provided herein, this Agreement may not be amended except in a written document signed by EMPLOYEE, approved by the City Manager and signed by the City Attorney. 7.5 Waiver. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. 7.6 Assignment. EMPLOYEE shall not assign any rights or obligations under this Agreement. CITY may, upon prior written notice to EMPLOYEE, assign its rights and obligations hereunder. 7.7 Severability. If any court of competent jurisdiction holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect. 7.8 Governing Law. This Agreement is entered into and is to be performed in Riverside County, California and shall be governed by and construed in accordance with the controlling laws of the State of California or federal law, whichever is applicable, and the Parties agree that venue shall be in Riverside County, California. 7.9 Interpretation. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit or against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. 7.10 Statutory Obligations; Abuse of Office or Position. Pursuant to California Government Code Sections 53243, 53243.1 and 53243.2, which became effective on January 1, 2012, if EMPLOYEE is convicted of a crime involving an abuse of EMPLOYEE'S office or position, all of the following shall apply: (1) if EMPLOYEE is provided with an administrative leave pay pending an investigation, EMPLOYEE shall be required to fully reimburse such amounts paid by CITY; (2) if CITY pays for the criminal legal defense of EMPLOYEE (which would be in its sole discretion, as CITY is generally not obligated to pay for a criminal defense), EMPLOYEE shall be required to fully reimburse such amounts paid by CITY; and (3) if this Agreement is terminated, any cash settlement related to the termination of EMPLOYEE by 9 CITY, said amount shall be fully reimbursed to CITY or shall be void if not yet paid to EMPLOYEE. For this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under the color of authority; or (2) a crime against public justice, including a crime described in Title 7 commencing with section 92 of the California Penal Code. 7.11 Incorporation of Recitals. The Parties repeat and incorporate the recitals set forth above as if fully set forth herein. 7.12 Acknowledgment. EMPLOYEE acknowledges that EMPLOYEE has had the opportunity to consult legal counsel in regard to this Agreement, that EMPLOYEE has read and understands this Agreement, that EMPLOYEE is fully aware of its legal effect, and that EMPLOYEE has entered into it freely and voluntarily and based on EMPLOYEE'S own judgment and not on any representations or promises other than those contained in this Agreement. "CITY" CITY OF BEAUMONT By: d arton, City Manager ATTEST: y; Andreanna Pfeiffer "EMPLOYEE" SEAN TTHUILLIEZ By:�iL�� 10 CHIEF OF POLICE EMPLOYMENT AGREEMENT Exhibit "A" Job Description Exhibit "A" EMPLOYMENT OPPORTUNITY Chief of Police Recruitment Closes: June 19, 2015 at 5: 00pm City of Beaumont 550 E 6th Street Beaumont, CA 92223 (951) 769-8520 www. ci.beaumont. ca.us Full Time Part Time u Teinporanj PISA Exempt Subject to MOU Benefits Available **THIS POSITION HAS BEEN DEEMED CRITICALLY NECESSARY TO THE OPERATION OF THE ORGANIZATION AND THEREFORE IS EXEMPT FROM THE HIRING FREEZE. SALARY RANGE: Step 93 ($82.22/hour) - Step 103 ($105.25/hour) THE POSITION: Under administrative direction of the City Manager plans, manages, oversees, and directs the emergency and non -emergency operation and services of the Police Department, which include law enforcement, crime suppression and prevention; has a broad understanding of local city government, able to work with and coordinate activities with other City officials departments, outside agencies, organizations, and the public; provides responsible and complex staff support to the City Council and City Manager; performs other related duties as required. CORE (ESSENTIAL) DUTIES: • Update the City Manager of the status of all ongoing activities, projects and investigations. • Conduct meetings, obtain and disseminate information. • Observe subordinates performance with regard to case management, evaluation, training and discipline. • Work with diverse community groups and individuals. • Cause service of disciplinary actions to be initiated, recommending disciplinary measures up to and including termination and consistent enforcement of all department policy and procedures. • Investigate, record and manage investigations of citizen or internal employee complaints; coordinate personnel conducting internal investigations as required. • Deploy manpower to emergency and unusual situations that arise. • Maintain order and discipline within the department. • Review reports and cases assigned to personnel within the division to ensure that they are complete and thorough. • Develop and institute training programs, determine training needs, is aware of training opportunities, conducts on the job training by delegation of authority. • Attend a variety of meetings both inside and outside the department. • Obtain information needed to ensure the divisions operate effectively and efficiently in a coordinated manner. • Ensure decisions are made concerning courses of action. • Exercise caution in hazardous situations. • Assist and ensure that a budget is prepared and maintained for the department. • Deal courteously and constructively with community representatives; work with community groups; deal with the public both in the field and in the office; exhibit a positive public image. • Listens to complaints; obtain and disseminate information, provide reasons for changes to involved parties; keep channels of communication open. • Meet with other staff members, Division of Professional Standards investigators, attorneys, judges, other law enforcement executives, media, complainants, victims, witnesses, accused employees and the general public. • Represent the Police Department and City on Local, State and Federal boards and committees. • Perform other duties as assigned. (Continued) Posted: This recruitment is open to: 1iuiployccs (PeimmeN0 l mployees rfi'tripomn TI Public Selection procedures may or may not include: • Applicants will be screened for relevant education and experience • Those applicants passing the initial screening process may be asked to participate in a written exam • Those applicants passing the written exam may be required to complete a supplemental written assignment to assess the candidate's writing ability prior to participating in an oral interview • Those applicants passing the oral interview may be required to partidpate in a physical agility test • Candidates who successfully complete the above mentioned requirements will be placed on an eligibility list. Prior to appointment, candidates will be required to pass a comprehensive background check which may include, fingerprinting through Department of justice, a comprehensive medical examination, psychological assessment, polygraph, and pre- employment drug screening. How to Apply: All application packets must be returned to: Human Resources Dept. 550 E. 6th Street Beaumont, CA 92223 Faxed applications will not be accepted. Resumes may be attached, but will not be accepted without a completed City application. Chief of Police (continued) • KNOWLEDGE, SKILLS, & ABILITIES; • Possess an understanding of modern principles, methods and procedures of police administration including all aspects of management control and an appreciation for the need to exercise control over processes, subordinates and tasks. • Possess the administrative ability to conduct analysis, prepare written reports, coordinate projects and manage training functions. • Possess an understanding of modern principles, methods and procedures of the technical aspects of law enforcement, including internal investigations, criminal investigations, patrol, traffic, police training and public relations. • Possess the ability to coordinate regularly with command staff, supervisors, civilian employees, city attorneys, district attorney personnel, other attorneys, judges, state employees, members of other law enforcement agencies, media and the general public. • Read and write English. • Communicate both verbally and in writing. • Must be self -motivated and us independent judgment and discretion. • Must have a thorough knowledge of policies and procedure of a law enforcement agency. • Must understand appropriate rules of conduct. • Must understand patrol, traffic, investigation, dispatch and records procedures and practices. • Possess knowledge of California State Civil, Education, Government, Health and Safety and Penal Codes. • Possess knowledge of court decisions related to police management and operations and/or the ability to utili,e resources to acquire needed information expeditiously. DEMONSTARTE ABILITY To: • Prepare, review, critique and forward all reports at both the department and divisional level. • Observe subordinates performances, specify proper procedures for subordinates to follow; follows up to ensure orders and policies are carried out. • Delegate authority to others and audit; provide feedback to subordinates on all matters related to job performance, prepare and issues performance evaluations. • Obtain information needed to ensure the divisions and department operate efficiently and smoothly. • Make and ensure decisions are made concerning courses of action. • Recommend remedial or summary action for inefficient or incompetent performance. • Develop and institute training programs, determine training needs, be aware of training opportunities, be aware of training opportunities, conduct on the job training by delegation of authority. • Supervise and observe field investigations and operations. • Respond to major crime scenes and/or any crime scene as required to ensure proper procedures are followed and to provide administrative assistance as needed. PHYSICAL, MENTAL AND ENVIRONMENTAL REOIIIREMENTS: • Work indoors and outdoors in all types of weather and environmental conditions. • May come in contact with bio -hazardous materials and waste, second hand smoke, narcotics and individuals with contagious diseases. • May be shot, stabbed, bitten, kicked and/or hit by persons of various objects. • Must have the ability to walk, stand, run, stop, crouch, crawl, carry equipment, grasp objects, sit for long periods and shoot a firearm. • Must be found to be free from any physical, emotional or mental conditions, as determined by a qualified physician and/or psychologist which with or without accommodation might affect the ability to perform essential job functions determined by the City of Beaumont and the mandates of the California Commission on Peace Officer Standards and Training (POST). Chief of Police (continued) • EXPERIENCE. EDUCATION AND LICENSES: • Must have a minimum of 15 years of experience in a California Law Enforcement Agency with at least 5 years of progressive management experience. • Must possess a Bachelors Degree from an accredited College or University with a Masters Degree Preferred. • Must be able to obtain POST Executive Certificate within 2 years. • Must possess a valid California Class C Drivers License. Additional Requirements; Appointment is conditional on successfully passing job specific examinations to include: • A rigorous background investigation to include a polygraph examination. • Medical examination to include pre-employment drug screening. • Psychological examination. Special Requirements; • Must have the ability to communicate clearly with supervisors, peers and the public. • Must think quickly, use sound judgment and maintain a mental alertness under adverse and life threatening situations. • Must control personal feelings and emotions. • Must possess demonstrated qualities of personal integrity. • Must possess the ability to work with minimum supervision. • Must be open minded problem solver who is sensitive to the needs of employees, the department mission and the public. Effective January 1st, 2016 this will be an at will position. This classification is not intended to be all inclusive. An employee may be required to perform other reasonable duties as assigned by administration. The city reserves the right to revise or change classification duties and responsibilities as the need arises. Nothing herein is intended to constitute a written or implied contract of employment. Selection Procedure; Applicants will be screened for relevant education and experience requirements as stated above. Those persons most qualified will be invited to participate in oral interviews to include an assessment center evaluation made up of members of the community, religious community, service clubs, school district, peace officers association, support services and elected officials. Prior to appointment, the successful candidate will be required to successfully pass a comprehensive background check including fingerprinting through the Department of Justice, a comprehensive medical examination including drug screening and fitness test, and a psychological examination.