Item 8.2 - Reorganization of City Manager's Office
AGENt IU:PORT SUMMARY
TO:
DATE:
Honorable Mayor and Members of City Council
James L. Bowersox, City Man~
June 4, 1996
FROM:
SUBJECf:
Reorganization of City Manager's Office
ABSTRACf
In March 1993, the City of Poway made a major commitment to improving the local economy
by approving the employment of a contract Economic Development Manager. The initial
contract term was two years; however, it was extended an additional year to allow time
to evaluate the program and determine how it should be addressed in the future. Whil e
there have been many successes attributable to past economic development efforts, the
City would be better served by an intensive, high-level commitment. In order to
accomplish that goal, it is proposed that the Assistant City Manager assume
responsibility for the City's economic development program. This proposal would be
best accomplished through the reorganization of the City Manager's office.
ENVIRONMENTAL REVIEW
This action is exempt from CEQA review.
FISCAL IMPACf
The reorganization of the City Manager's office will provide General Fund savings of
at least $50,000 and will increase expenses within the Redevelopment Agency by
apprOXimately $110,000. Future revenue benefits to the City and Redevelopment Agency
as a result of this reorganization cannot be calculated but should be substantial.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended the following actions be taken: 1) Amend the City's Classification
and Compensation Plan to replace the position of Assistant City Manager with the
position of Assistant City Manager - Economic Development and approve the class
specification (Exhibit A); 2) Approve the Agreement of Waiver Settlement and Mutual
Release with John D. Fitch (Exhibit B); and, 3) Approve the reclassification of the
Administrative Secretary position to Secretary III and the Senior Management Analyst to
Assistant to the City Manager within the City Manager's office.
AL'T10N
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JUN 4 1996 ITEM 8.2 .
CITY OF POWAY
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Mana~
June 4, 1996
Reorganization of City Manager's Office
BACKGROUND
In March 1993, the City of Poway made a major commitment to improving the local economy
by approving the employment of a contract Economic Development Manager. The initial
contract term was two years; however, it was extended an additional year to allow time
to evaluate the program and determine how it should be addressed in the future. While
there have been many successes attributable to past economic development efforts, the
City would be better served by an intensive, high-level commitment. In order to
accomplish that goal, it is proposed that the Assistant City Manager assume
responsibility for the City's economic development program. This proposal would be
best accomplished through the reorganization of the City Manager's office.
FINDINGS
It is my pleasure to announce that John D. Fitch will be assuming a new role with the
City of Poway with his appointment to the position of Assistant City Manager - Economic
Development. In his new position, John will be utilizing his knowledge and skills to
formulate, direct, and implement the City's economic development program. With the
local economy finally showing signs of improvement, it is critical that we aggressively
compete in the econoMic development arena. It is my belief that with John's IS-year
background with the City as well as his skill in economic development and redevelopment
he is the best person to be prOlOting Poway. Over the past few years, John has
invested a significant amount of time in this area, contributing to the City's success.
Now with the reorganization, he will be able to devote all of his efforts to the
betterment of the City's econOlllY.
The reorganization of the City Manager's office will require both personnel and
operating budget adjustments with the assumption of economic development
responsibilities by the Assistant City Manager. The following is a summary of the
steps that will be taken in order to accomplish this reorganization:
1. PERSONNEL BUDGET
A. Assistant Citv Manaaer - Economic Develooment
The implementation of the reorganizational plan is based upon the assumption
of a totally new position by the Assistant City Manager. In this new role,
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Agenda Report
June 4, 1996
Page 2
the position will be reclassified to that of Assistant City Manager -
Economic Development, thereby necessitating adoption of a new job
title and class specification (Exhibit A). In situations where
substantial changes in duties occur, an employee is entitled through
the provisions of both the Citv of Powav Personnel Rules and
Reau1ations and the Memorandum of Understandina (Manaaement/
Confidential GrouD to assume the former position held by that
employee with the City of Poway.
As a function of assuming his new role of Assistant City Manager -
Economic Development, John D. Fitch will be entering into an
agreement through which he will be waiving present and future rights
to the position of Director of Administrative Services (Exhibit B).
B. Assistant to the Citv Manaaer
In recognition of new responsibilities to be assumed by the Senior
Management Analyst as a function of the reorganization, that position
will be reclassified to Assistant to the City Manager.
C. Manaaement Assistant
In order to address the ongoing workload within the City Manager's
office, the entry level administrative position of Management
Assistant will be added. This position will be included within the
FY 1996-97 budget.
D. Secretarv
The current Administrative Secretary position within the City
Manager's office will be reclassified to the lower position of
Secretary III. An additional Administrative Secretary position will
be established as support to the Assistant City Manager - Economic
Development.
2. OPERATING BUDGET
In order to provide office space and workstations, it will be necessary to
remodel the Redevelopment Services office and purchase desks for both the
new Ad.inistrative Secretary and Management Assistant positions. One
additional computer will also be required for the Administrative Secretary
position. These costs will be included within the FY 1996-97 budget.
ENVIRONMENTAL REVIEW
This item is exempt from CEQA review.
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JUN 4 1996 1TE1I8.2
Agenda Report
June 4, 1996
Page 3
FISCAL IIIPACT
The reorganization of the City Manager's office will provide General Fund
savings of at least $50,000 and will increase expenses within the
Redevelopment Agency by approximately $110,000. Future revenue benefits to
the City and Redevelopment Agency as a result of this reorganization cannot be
calculated but should be substantial.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the following actions be taken:
1. Amend the City of Poway Classification and Compensation Plan to replace
the position of Assistant City Manager with the position of Assistant City
Manager - Economic Development and approve the class specification.
(Exhibit A)
2. Approve the Agreement of Waiver Settlement and Mutual Release with John D.
Fitch. (Exhibit B)
3. Approve the reclassification of the Administrative Secretary position to
Secretary III and the Senior Management Analyst to Assistant to the City
Manager within the City Manager's office.
Exhibits:
Exhibit A - Class Specification
Exhibit B - Agreement of Waiver Settlement and Mutual Release
C:IDA TA IWPPILI!SIAGENDA \0604JDF.CMO
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JUN 4 1996 ITEU8.2
,.
ASSISTANT CITY MANAGER-ECONOMIC DEVELOPMENT
DEFINITION
Under administrative direction, to plan organize and direct the
programs and personnel involved in Economic Development for the
City of Poway/Poway Redevelopment Agency; to administer and
coordinate high level activities involving business retention and
economic development programs and develop funding strategies to
spur economic development; to administer contracts for services
obtained from other public agencies and private contractors and
consultants; to render advise and consultation to the City
Manager/Executive Director and the City Council/Redevelopment
Agency; and to perform related work as required.
CLASS CHARACTERISTICS
This one-position class functions as the executive and
operational officer for the Economic Development operations of
the City/Redevelopment Agency. The incumbent is responsible for
developing and implementing programs to retain, expand and
recruit businesses. The Assistant City Manager-Economic
Development exercises supervision over managerial employees,
making assignments, setting priorities, training and reviewing
work. The incumbent is responsible for preparing evaluations,
reviewing evaluations prepared by subordinate managers and
supervisors, processing grievances at his/her level, recommending
employment and for effectively recommending disciplinary action.
The incumbent acts with a high degree of independence in the
assigned area of responsibility. Direction received consists of
the assignment of the responsibility to attain objectives
according to policy guidelines. The incumbent is expected to
develop methods and procedures and to solve problems encountered,
except where a deviation in policy is involved. Most work is not
reviewed, and when work is reviewed, the review is directed
toward final outcomes and results. The incumbent is expected to
resolve problems confronted through the application of judgement,
precedent, training and experience.
EXAMPLE OF DUTIES
Plans, organizes and directs economic development programs
including business retention, expansion and recruitment
activities; analyzes community needs and develops programs to
meet these needs in accordance with established City/Agency
policy and available resources; develops and implements targeted
marketing programs to improve the city's image both in the
community and to the broader market place; establishes and
maintains contacts with the business community, other economic
development organizations and the public; develops and implements
a communication and customer service program with the business,
real estate and development communities; communicates the
City's/Agency's economic development strategy to diverse groups
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EXHIBIT A
JUN 4 1996 ITEM 8.2
City of poway
Assistant City Manager-Economic Development
and build consensus as a faci1itor of the strategy; act as an
ombudsman with the public, business, real estate and development
communities; develops funding strategies to spur economic
development; develops and implements short term and long term
economic development plans; conducts performance evaluations;
recommends hiring and discipline of subordinate personnel;
processes and adjusts employees grievances; explains policies
procedures and objectives to staff by written directive and by
oral communication; establishes standards of performance for each
position supervised; conducts staff meetings; develops staff
development programs; directs the preparation and administration
of the Economic Development budget; serves as technical and
professional advisor and provides staff support to the City
Council/Redevelopment Agency and Council-appointed committees and
commissions on matters relating to economic development; prepares
reports to the City Manager/Executive Director and City Council/
Redevelopment Agency; reviews and acts upon reports and
recommendations of subordinate managers; prepares goals and
objectives; confers with groups and organizations concerning
economic development matters; communicates with City Departments,
the Redevelopment Services Department and the City Attorney in
the resolution of problems; represents the City/Agency in various
state, local and community functions, professional organizations
and meetings; establishes policies and procedures; conducts
studies and investigations, preparing reports of findings and
recommendations; may serve as the Assistant Executive Director of
the Redevelopment Agency; and performs related work as required.
LICENSES REQUIRED
Possession of a valid and appropriate California Driver's
license.
QUALIFICATIONS
Knowledqe of:
Advanced principles and practices related to economic
development, including current trends;
Principles and practices of management, administration,
supervision, training and public relations;
Federal, state and local laws and regulations pertaining to
economic development;
Technical, legal, financial, personnel and public relations
problems involved in the administration of economic
development activities;
Recent developments and sources of information regarding
economic development;
Appropriate safety precautions and procedures;
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JUN 4 1996 ITEM 8.2
.
City of poway
Assistant City Manager-Economic Development
Advanced English grammar/ usage, spelling and composition;
Budgetary practices and business mathematics;
Administrative research, graphic and tabular presentations
of data and report composition.
Abilitv to:
Plan, organize and direct comprehensive economic development
programs;
Supervise and direct managerial, professional and technical
personnel engaged in economic development work;
Delegate authority and responsibility;
Schedule and program work on a long-term basis;
Conduct thorough investigations;
Maintain effective negotiations with developers and
contractors;
Devise ans operate effective internal control procedures;
Prepare, review and approve comprehensive analyses and
reports of the economic development activities;
Express ideas on technical subjects clearly and concisely,
orally and in writing;
Read, understand and apply complex materials;
Establish record keeping system;
Administer contract services;
Process and adjust grievances in accordance with labor
agreements;
Formulate and administer policies and budget;
Operate a vehicle observing legal and defensive driving
practices;
Understand and carry out oral and written instructions;
Establish and maintain effective relationships with those
contacted in the course of work.
TRAINING AND EXPERIENCE
Any combination of training, education and experience which
demonstrates possession of the knowledge and abilities stated
above and the ability to perform the duties of the position. A
typical qualifying entrance background is department head-level
managerial experience performing highly responsible work for a
municipal government;
and
Completion of coursework leading to a baccalaureate-level major
in public administration, business administration or a closely
related field;
or
Experience at or equivalent to the an administrator at the
department head level from which the incumbent has acquired the
knowledge and abilities listed above.
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JUN 4 1996 ITEM 802
City ot poway
Assistant City Manager-Economic Development
PHYSICAL DEMANDS AND WORKING CONDITIONS
Liqht Work:
Positions in this class perform work which is primarily
sedentary.
Mobilitv:
positions in this class require mobility of arms to reach
and dexterity of hands to grasp and manipulate small
objects. Mobility of lower body is not required.
Vision:
positions in this class require vision (which may be
corrected) to read small print.
Other Conditions:
Incumbents of position in this class may be required to use
personal vehicle in the course of employment;
Incumbents of positions in this class may be required to
attend periodic evening meetings and/or to travel
within and out of City boundaries to attend meetings.
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JUN 4 1996 ITEM 8.2
I
AGREEMENT OF WAIVER SETTLEMENT AND MUTUAL RELEASE
This Agreement of Waiver Settlement and Mutual Release
(hereinafter nAgreementn) is entered into by and between the City
of poway (hereinafter referred to as nthe Cityn), and John D. Fitch
(hereinafter referred to as nFitchn). The City and Fitch are also
described in this document as nthe Parties. n This Agreement is
entered into by and between the Parties, jointly and severally, and
the terms shall be synonymous with and shall be binding upon and
affect themselves, their agents, employees, officers, directors,
attorneys, governing bodies (the entity and individual members),
predecessors, successors, assigns and all entities/persons or
departments acting by, through, or in concert with the Parties.
This Agreement is entered into with reference to the following
facts and representations that are dee~ed true and accurate by the
Parties:
A. Immediately prior to execution of the Agreement, Fitch
was the Assistant City Manager of the City and is a valued employee
of the City.
B. It is the desire of the City to reorganize the City
Manager's department, to eliminate the position of Assistant City
Manager, and create the position of Assistant City Manager
Economic Development. In doing so, under the Personnel Rules and
the currently effective MOU, Fitch would have the right to assume
the position of Director of Administrative Services.
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EXHIBIT B
JUN 4 1996 ITEM 8.2
C. It is recognized that Fitch brings a variety of expertise
and skills to City employment and that Fitch may be well qualified
to fill the position of Assistant City Manager Economic
Development.
NOW, THEREFORE, IT IS AGREED by and between the Parties as
follows:
1. Fitch will be reclassified and shall become the incumbent
in the newly created classification of Assistant City Manager -
Economic Development. Fitch and the City Manager shall diligently
cooperate in the development of a job description setting forth the
duties of the newly created classification.
2. The salary step and range for the position of Assistant
City Manager - Economic Development shall be identical to the
salary step and range held by Fitch immediately prior to his
reclassification. The total compensation provided to Fitch shall
be identical to that which he received immediately prior to the
reclassification. Management employees occupying classifications
such as Fitch are compensated pursuant to a plan approved by the
City Council. Therefore, Fitch's total compensation shall be
modified pursuant to City Council action taken April 16, 1996. No
representation is made by the City as to how, if at all, Fitch's
compensation shall be further modified in the future.
3. The Personnel Rules of the City shall be applicable to
the position of Assistant City Manager - Economic Development and
to Fitch as the incumbent in that position, except as his rights
are modified by this Agreement.
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JUN 4 1996 ITEM 8.2
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4. If the position of Assistant City Manager - Economic
Development is eliminated by the City at any time within five years
of the date hereof and Fitch is the incumbent in the position,
Fitch's employment with the City shall terminate and the City shall
pay severance to Fitch in a sum equal to eighteen (18) months
salary.
If Fitch elects to resign the position of Assistant City
Manager - Economic Development for any reason, the City shall pay
severance to him as follows:
If resignation is within the
following days of the date
hereof:
The severance payment shall
be:
0-180 days
181-270 days
271-365 days
more than 365 days
18 months salary
12 months salary
6 months salary
o
In consideration of the foregoing, Fitch hereby waives and
releases any right he may have to assume ~he position of Director
of Administrative Services when the pos i tion of Ass istant City
Manager is eliminated and upon the eliI:\ination, if or when it
should occur in the future, of the position of Assistant City
Manager - Economic Development.
For purposes of calculating "salary" for payment of severance,
that term shall mean the single highest year of salary, excluding
benefits, paid to Fitch during his employment with the City.
Payment of severance in accordance with the terms hereof by
the City shall constitute full satisfaction and extinguishment of
any and all claims for compensation which Fitch may have against
the City; provided, however, Fitch shall also be entitled to all
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JUN 4 1996 ITEM 8.2
retirement, deferred compensation, sick leave, vacation, or similar
benefits accrued as ordinary City employment benefits.
5. City and Fitch agree to develop a public relations
announcement regarding his reclassification and assumption of new
duties.
6. The parties agree that Fitch shall be provided the
support normally provided to other City departments, offices, and
divisions.
7. Fitch affirms that prior to execution of this Agreement,
he has consulted with his legal counsel, Jack R. Mitchell,
concerning the terms and conditions set forth herein. Fitch hereby
represents and warrants that in making this Agreement, he
understands and agrees that he has relied wholly upon his own
judgment, belief and knowledge of the nature, extent and duration
of any of his claims and that he has not been influenced to any
extent whatsoever in making this Agree~ent, by any representations
by or on behalf of the City which are not contained herein.
8. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same instrument. A
photocopy or facsimile transmission of the Agreement, including
signatures, shall be deemed to constitute admissible evidence of
the Agreement having been entered into by the Parties.
9. This Agreement contains all of the terms and conditions
agreed upon by the Parties hereto regarding the subject matter of
this Agreement. Any prior agreements, promises, negotiations, or
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JUN 4 1996 ITEM 8.2
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representations, either oral or written, relating to the subject
matter of this Agreement, and not expressly set forth herein, are
of no force or effect.
10. The date set forth in the last paragraph of this
Agreement shall be the "date hereof."
11. This Agreement has been jointly negotiated and drafted by
counsel for the Parties. The language in this Agreement shall be
construed as a whole according to its fair meaning and not strictly
for or against any of the Parties.
12. Fitch does hereby, and for his heirs, legal
representatives, agents, successors in interest and assigns,
irrevocably and unconditionally release, acquit and forever
discharge the City from any and all claims, actions, causes of
action, rights, demands, debts, obligations, damages or accountings
of whatever nature which he has or believes he has against the City
by reason of or arising out of, any of the matters, acts or
omissions described or referred to in this Agreement.
13. For the purpose of implementing a full and complete
release and discharge of the City, Fitch expressly acknowledges
that this Agreement is also intended to include in its effect,
without limitation, all claims which Fitch does not know of or
expect to exist in his favor at the time of the execution hereof
and Fitch agrees that this Agreement contemplates the
extinguishment of any such claim or claims. In this connection,
Fitch expressly waives and relinquishes all rights and benefits
afforded by Section 1542 of the civil Code of California and does
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JUN 4 1996 ITEM 8.2
so understand and acknowledge the significance and consequences of
such specific waiver of said provisions of law.
section 1542 of
the Civil Code states as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR.
14. Fitch agrees to release and discharge the City and its
legal counsel, without limitation, from all claims, whether or not
known or expected to exist in his favor at the time of execution.
In this regard, Fitch expressly waives and relinquishes all rights
and benefits afforded by Section 1542 of the civil Code of The
State of California, as set forth above in paragraph 17.
IS. The City agrees to bear the cost of attorney's fees
incurred by Fitch regarding this matter, in a sum not to exceed
$2,000.00
16. Each Party hereto agrees to do all things and execute and
deliver all instruments and documents necessary to fulfill and
effect the provisions of this Agreement.
17. No waiver by any Party of any breach of any term or
provision of this Agreement shall be construed to be, nor be, a
waiver of any preceding, concurrent or succeeding breach of the
same, or any other term or provisions hereof. No waiver shall be
binding unless in writing and signed by the Party to be charged or
held bound.
18. Each Party hereto represents and agrees that he or it has
carefully read and fully understands all of the provisions of this
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JUN 4 1996 ITEM 8.2
f
Agreement, and that he or it is voluntarily, wit~out any duress or
undue influence on the part of or on behalf of any Party, entering
into this Agreement.
PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF
ALL KNOWN AND UNKNOWN CLAIMS.
IN WITNESS WHEREOF, the Parties hereto have executed this
Agreement. The date hereof shall be June 1, 1996.
Dated: May
, 1996
JOHN D. FITCH
Dated: May
, 1996
CITY OF POWAY
BY:
DON HIGGINSON, Mayor
APPROVED AS TO FORM:
Dated: May
, 1996
LIEBERT, CASSIDY & FRIERSON
BY:
Dated: May 23 , 1996
RICHARD M. KREISLER
At:~r9~~or City of poway
m~~i~
STE M. ECKIS, City Attorney
& SKOLA
Dated:
May
-'
1996
BY:
JACK R. MITCHELL
Attorneys for John D. Fitch
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