RPVCCA_CC_SR_2012_12_04_I_Agreement_Part-Time_Interim_HR_ManagerCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
CAROLYN LEHR,CITY MANAGER ~,
DECEMBER 4,2012
PROFESSIONAL SERVICES AGREEMENT WITH SEAN
M.ROBINSON FOR HUMAN RESOURCES
MANAGEMENT SERVICES
RECOMMENDATION
Authorize the Mayor and City Clerk to sign the Employment Agreement with Sean M.
Robinson with a term through the end of fiscal year,June 30,2013.
BACKGROUND
The City had employed an Interim Human Resources Manager Steve Larson until the end
of December 31,2012,when he will be reducing his hours and focusing on the labor
relations process and special projects,such as the recruitment for the regular HR Manager
position.Due to the essential nature of duties relating to personnel,training and employee
relations,the City Manager finds it necessary to employ the services of an interim HR
professional to carry on these day-to-day responsibilities,including potential recruitments
for a number of current vacant positions after the first of the year.
The City Manager has reached out to her colleagues and other profess-ronals to seek out
the services of a highly experienced and reliable Human Resources professional to provide
temporary full-time assistance to the City organization.
DISCUSSION
By way of background,Mr.Robinson has been employed by the San Diego Municipal
Court system and the County of San Diego since 1998.He,along with over 200 other
court employees,is being laid off as of December 31,2012.He has served as the
senior HR Analyst in the human resources function of the court for the past nine years.
He has also functioned as the Courts Business Manager where he was responsible for
developing and managing the Central Courts budget ($66M).His experience includes
all phases of public sector personnel management,employee relations and labor
relations issues at the courts.Mr.Robinson is currently in a public retirement plan that
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Interim HR Management Services
December 4,2012
Page 2 of 2
has reciprocity with CalPERS and would be placed into the City's new 2nd tier retirement
plan (2%@60)based upon the recent Pension Reform Act.
Sean M.Robinson is also involved in numerous professional public sector organizations
including serving on the board of directors of many of these same organizations.City Labor
Attorney Roy A.Clarke has prepared the employment agreement with the appropriate
terms and conditions for Council's consideration.
FISCAL IMPACT
The FY 2012-13 budget as approved provides sufficient funding for this part-time
interim employment contract.
Attachments:
•Resume of Sean M.Robinson
•Employment Agreement Between City of Rancho Palos
Verdes and Sean M.Robinson
V:\CAROLYNN\REPORTS\2012\20121204_HR Interim Prof Svc Contract SR-Sean.doc
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OBJECTIVE:
EDUCATION:
PROFILE:
SEAN M.ROBINSON
Seeking a human resource and/or labor relations position where my educational background and previous work
experience will be used to achieve a rewarding and long-term future.
SAN DIEGO STATE UNIVERSITY,San Diego,CA
B.A.,Public Administration with an emphasis in Management
GROSSMONT COLLEGE,EI Cajon,CA
A.S.,Criminal Justice
Extensive human resources,labor relations,negotiations,project management,job/task analysis,organizational
assessment,personnel,client relations,budget management,business development,supervision and training
experience,including:
•Highly effective negotiating skills with the ability to affect favorable agreement/solutions.
•Ability to manage/facilitate a timely and cost-effective completion of multiple projects.
•Sound business judgment with a strong focus on improving team and organization performance.
•Extensive analytical and problem solving skills with the ability to achieve strategic objectives.
•Proven leadership skills with the ability to motivate others to achieve peak performance.
•Excellent verbal and written communications with strong interpersonal skills at all levels.
•Goal oriented,dedicated professional,highly motivated self-starter and decision-maker.
•Team player and capable of managing in a fast-paced business environment.
EXPERIENCE:
02/11-Present SAN DIEGO SUPERIOR COURT,COUNTY OF SAN DIEGO,San Diego,CA
Senior Administrative Analyst
Responsible for court-wide budget analysis and procurement and employee relations for the San Diego Superior
Court,including:
•Assist in the management of the $231M budget for the San Diego Superior Court.
•Work directly with the Administrative Office of the Courts (AOC)on revenue and expense
procedures/policies.
•Manage multiple grants funded by the State of California insuring all aspects of the grant are followed.
•Manage expenses for facility improvement projects (FIP's)court-wide and authorize payment.
•Conduct projection/expenditure forecasts court-wide.
•Work with accounts payable and trust divisions of the Court to insure revenue/expense accounts are
accurate.
•Prepare written correspondence to Issus Memos the AOC Internal Audits Division addressed from the 2011
court-wide audit.
•Team member who developed and responsible for on-going maintenance of the California Administrative
Office of the Courts (AOC)Continuity of Operations Planning System
02/09-2/11 SAN DIEGO SUPERIOR COURT,COUNTY OF SAN DIEGO,San Diego,CA
Business Manager
Responsible for the budget,facilities and procurement for the Central Division and all aspects of labor relations for
the San Diego Superior Court,including:
•Manage the $66M budget for the employee salary and benefits ofthe Central Division (900+employees).
•Manage the $5.5M budget for procurement,service and supplies.
•Manage the facility improvement projects (FIP's)for the Central Division.
•Grant writing and monitoring securing over $1.5M to the San Diego Superior Court.
•Responsible for setting fiscal controls and conduct cost benefit analysis.
•Conducted projection/expenditure forecasts for monthly Executive Committee meetings.
•Successful negotiations securing a 16-month contract (June 09 -September 10)with three labor
organizations (SDCCEA,SEIU and FCCA).
•Successful negotiations securing a 3-year contract for the Court Interpreters -Region IV (CWA).
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02/00-02/09 SAN DIEGO SUPERIOR COURT,COUNTY OF SAN DIEGO,San Diego,CA
Human Resources Analyst II
Responsible for labor relations,special projects,investigation/discipline,classification/compensation,and
recruitment/selection,benefit administration for the San Diego Superior Court,including:
•Perform special projects at the request of the Court Executive Officer,Director,Human Resources,
Executive Committee;e.g.,salary surveys,human resource informational reports,including staffmg
projections,leave usage,turnover etc.
•Organizational assessment,program evaluation and training needs assessment,in order to make
recommendations to the Court Executive Officer and Director,Human Resources.
•Developed and compiled information for the Court's succession planning process.
•Developed and administer the Court's executive and professional compensation plan.
•Investigate work place violence and sexual harassment allegations and report findings/recommendations to
the Court Executive Officer and Director,Human Resources.
•Responsible for numerous high profile recruitments to include Chief Executive Officer and Judicial
positions.
•Perform test development/administration,item analysis,and rating factor development for jobs
classifications of the San Diego Superior Court.
• .Chief Negotiator for the Court implementing a 4-year (FY 05-09)and 2-year (FY 02-04)contract with the
Family Court Counselor Association (FCCA).
•Lead in negotiations for the Court,implementing a 4-year (FY 05-09)and 2-year (FY 02-04)contract with
the Court Reporters,(SEIU Local 2028).
•Lead in negotiations for the Court,implementing 4-year (FY 05-09)and a 5-year (FY 99-04)contract with
the San Diego County Court Employees Association,(SDCCEA).
•Labor relations;including handling of grievances,PERB hearings,Skelly hearings,costing of labor
contracts,negotiations,interpretations and follow-up on employee relation matters.
•Developed the Court's contingency plan.
•Inter and intra-agency wage and compensation surveys.
•Job/position classification and job evaluation studies.
•Identify issues and milestones for implementing the Court-wide classification and compensation study.
•Database compilation and analysis of personnel information on county mainframe and management
information systems.
03/98-02/00 COUNTY OF SAN DIEGO,San Diego,CA
Human Resources Analyst
Responsible for labor relations support,special projects,classification/compensation and organizational development
issues for the County of San Diego,including:
•Labor relations support;including costing of labor contracts,negotiations and interpretations.
•Member of County's bargaining team for Deputy Sheriffs'Association,Coun~Counsel,District Attorney
Association,Probation and SEIU and follow-up on employee relation matters.
•Perform special projects at the request of the Classification/Benefits Manager,Director,Human Resources,
Chief Administrative Officer and Board of Supervisor Office(s);e.g.,salary surveys,human resource
informational reports, including staffmg projections,leave usage,turnover etc.
•Organizational assessment,program evaluation and training needs assessment,in order to make
recommendations to Classification/Benefits Manager.
•Developed and maintained the County of San Diego Operational Incentive Plan (OIP)database (executive
compensation plan).
•Assist the five different County groups in presenting quarterly's to the Chief Administrative Officer.
•Inter and intra-agency wage and compensation surveys.
•Job/position classification and job evaluation studies.
•Database compilation and analysis of personnel information on county mainframe and management
information systems.
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AFFILIATIONS:
National Public Employer Labor Relations Association (NPELRA)-active member since 1998.
•NPELRA Board of Directors 2009 -Present.
•NPELRA Program Committee 2009 -Present.
•NPELRA Sponsor Chair 2010 -Present.
Public Employer Labor Relations Association of California (PELRAC)-active member since inception 3/2010.
•PELRAC Board of Directors 2010 -Present.
Preparing the Next Generation (PNG)-active committee member since 2008.
Labor and Employment Relations Association (LERA)-active member 2001-2008.
•LERA Board of Directors 2008.
California Public Employer Labor Relations Association (CALPELRA)-active member 1998-2010.
•CalPELRA President Elect 2008-2009.
•CalPELRA Vice President 2007-2008.
•CalPELRA Secretary/Treasurer 2006-2007.
•CalPELRA Sponsor Chair 2007-2009.
•Board member since November 2003.
•Program Chair for the 2004 CalPELRA Annual Conference.
•CalPELRA Planning Committee member for annual conferences 2001-2009.
REFERENCES:Available upon request.
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AGREEMENT FOR TEMPORARY EMPLOYMENT
BETWEEN CITY OF RANCHO PALOS VERDES
AND SEAN M.ROBINSON
This Employment Agreement ("Agreement")is made and entered into as ofDecember _,
2012,by and between the City of Rancho Palos Verdes,a California municipal corporation
("Employer"or "City")and Sean M.Robinson,an individual ("Employee").
RECITALS
A.City currently has a vacancy in the position ofHuman Resources Manager and has need for a
temporary employee with experience in human resources management to serve as Interim
Human Resources Manager during the open recruitment for and selection ofa regular Human
Resources Manager.
B.Employer desires to engage the services of Employee and Employee desires to accept
employment on a temporary,interim basis.Employee may apply for and be considered as a
candidate in the recruitment and selection process for the regular,full-time Human Resources
Manager position on the same basis as other candidates.The parties intend for this
Agreement to solely address the interim assignment and no commitment or guarantee is
intended beyond the interim assignment.
C.Employee represents that he has the requisite specialized skills,training,and experience and
is otherwise qualified to serve as Interim Human Resources Manager.
D.Employer and Employee wish to enter into an Employment Agreement that sets forth the
rights and obligations ofthe parties and that will supersede all prior negotiations,discussions
or agreements.
NOW,THEREFORE,for and in consideration of the mutual covenants and conditions
contained in this Agreement,Employer and Employee agree as follows:
1.COMMENCEMENT OF EMPLOYMENT.
Effective from the date of Employee's appointment by City Manager;as reflected on the
controlling Personnel Action Form on file in the Human Resources Office of Employer,Employer
agrees to employ Employee as its Interim Human Resources Manager,subject to the terms and
conditions of this Agreement.The above notwithstanding,this Agreement will not be effective
unless and until Employee satisfies any pre-employment conditions or requirements (ifany)specified
by the City Manager and provided Employee reports for work and actually assumes the duties ofthe
Interim Human Resources Manager.
2.DUTIES AND AUTHORITY.On a temporary,interim basis,Employee shall
exercise the full powers and perform the duties ofthe position ofHuman ResourcesManager,as set
RPV_Robinson Employment Agreement - 1-
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forth in the applicable job description and any applicable rules,regulations or procedures,as each of
them currently or may in the future exist.Employee shall exercise such other powers and perform
such other duties as City Manager or designee may from time to time assign.
3.EMPLOYEE'S OBLIGATIONS.Employee shall devote his full energies,interest,
abilities and productive time to the performance of this Agreement,and utilize his best efforts to
promote the City's interests.Employee shall not engage in any activity,consulting service or
enterprise,for compensation or otherwise,which is actually or potentially in conflict with or inimical
to,or which materially interferes with,his duties and responsibilities to Employer.Employee shall
obtain prior authorization from the City Manager or designee for any outside employment,
consulting,teaching or enterprise.
4.SALARY AND BENEFITS.
1\.Base Compensation and Hours.City shall pay Employee a base hourly rate of$44.66
(Forty-Four and 66/100 Dollars),subject to legally permissible or required withholding,paid on
City's normal paydays.Employee will work such hours as City Manager directs or authorizes.
While this Agreement does not guarantee a minimum number of hours and the hours may vary,the
parties anticipate an approximately full-time schedule.In no event will Employee work in excess of
40 hours in a workweek without the prior written authorization (including e-mail authorization)from
the City Manager.
B.Employment Benefits.
(l)No Paid Leave.Employee acknowledges that he will not be eligible for and
hereby waives entitlement to any paid leave benefits,including,without limitation,holidays,
vacation,sick leave,administrative leave,floating holidays,personal holidays,bereavement leave or
any other paid leave time.
(2)Unpaid Leave.Subject to prior approval ofthe City Manager,Employee will
be entitled to take unpaid leave time.Except as otherwise approved by the City Manager,Employee
will not take more than two weeks of unpaid leave at one time.
(3)Group Medical,Dental,Vision,Life and Disability Insurance.Employee
(including his dependents,as applicable)will be eligible for group insurance;subject to the terms
and limitations of the applicable plan documents and City policies or practices as applicable to
management employees.Employee shall be entitled to such Employer contributions toward the cost
of coverage (if any)as are provided to City's management employees.Employee shall participate in
the California State Disability Insurance program on the same basis as City's management
employees.
(4)Deferred Compensation.Employee shall be eligible to participate in
Employer's deferred compensation plan,to the extent and as provided by the applicable plan
document and controlling law.
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(5)Retirement Plan.Employee shall be enrolled in Employer's retirement plan
with the California Public Employees'Retirement System ("PERS"),subject to the applicable
benefit formula,terms and conditions provided in the contract between Employer and PERS and also
subject to applicable law and regulations.
(6)Other Fringe Benefits.Employee acknowledges that he will not be eligible for
and hereby waives any additional fringe benefit or payment not expressly provided in this
Agreement.Employee further acknowledges that,except as provided under the applicable plan
document or as required by law,Employee will not be eligible to participate in City's flexible
spending account,medical or childcare reimbursement accounts or retiree health savings plan,ifany.
In the event Employee's participation is provided under terms of the plan documents or applicable
law,Employee acknowledges that he is not eligible for and hereby waives any employer contribution
that may otherwise be available and will participate only on the basis of employee contributions.
(7)Benefit Changes and Schedules.Employer reserves the right to enhance,
reduce,terminate,amend or to otherwise change its benefit programs at any time,to the maximum
extent permitted by law.Any such change to any benefit available to Employee under this
Agreement shall apply to Employee without the need to amend this Agreement.In the event such
change is only applicable to certain employees,classifications or positions,those changes shall apply
to Employee as indicated in the applicable plan document or as determined by the City.
(8)Expenses.Employer recognizes that Employee may incur certain expenses of
a non-personal and job related nature.Employer agrees to reimburse or to pay such business
expenses,which are incurred and submitted according to Employer's normal expense approval and
reimbursement procedures.To be eligible for reimbursement,all expenses must be supported by
documentation meeting Employer's normal requirements and must be submitted within time limits
established by Employer.
(9)Bonding.Employer shall bear the full costs of any fidelity or other bonds
required of Employee (if any)under any law or ordinance by virtue of his employment as Interim
Human Resources Manager.
5.EVALUATIONS.Employee shall report to and may be ~yaluated by the City
Manager or designee.
6.INDEMNIFICATION.Except as otherwise permitted,provided,limited or
required by law,including without limitation California Government Code Sections 825,995,and
995.2 through 995.8,the Employer will defend and pay any costs and judgments assessed against
Employee arising out of an act or omission by Employee occurring in the course and scope of
Employee's performance of his duties under this Agreement.
8.AT-WILL EMPLOYMENT RELATIONSHIP.City Manager shall be appointing
authority for Employee and Employee is employed at the pleasure ofthe City Manager or designee.
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Except as otherwise provided by law,the City Manager or designee may terminate this Agreement
and the employment relationship at any time without cause or prior notice.Nothing in this
Agreement shall prevent,limit or otherwise interfere with the right of the City,through the City
Manager or designee,to terminate this Agreement and the employment ofEmployee.Unless sooner
terminated,as provided in this paragraph,this Agreement shall automatically terminate on the earlier
ofJune 30,2013,or the date on which a regularly appointed Human Resources Manager is appointed
and that person assumes the duties of the job.Nothing in this Agreement shall prevent,limit or
otherwise interfere with the right of Employee to resign from his employment with Employer,
subject only to Employee providing two (2)weeks prior written notice to Employer.
9.SEVERANCE.City shall pay Employee for all services through the effective
date oftermination and Employee shall receive no other compensation or payment or any severance.
Since Employee is not eligible for paid leave,payment for unused leave time will not be applicable.
10.METHOD OF AMENDMENT.No amendments to this Agreement may be made
except by a writing signed and dated by Employer and Employee.
11.NOTI CES.Any notice to Employer under this Agreement shall be given in writing
to Employer,either by personal service or by registered or certified mail,postage prepaid,addressed
to the City Manager at City's then principal place of business.A courtesy copy shall be given to the
City Attorney in a like manner.Any such notice to Employee shall be given in a like manner and,if
mailed,shall be addressed to Employee at his home address then shown in Employer's files
maintained by the Human Resources Office.For the purpose of determining compliance with any
time limit in this Agreement,a notice shall be deemed to have beenduly given (a)on the date of
delivery,if served personally on the party to whom notice is to be given,or (b)on the third calendar
day after mailing,if mailed to the party to whom the notice is to be given in the manner provided in
this section.
12.GENERAL PROVISIONS.
A.If any provision ofthis Agreement is held invalid or unenforceable,the remainder of
this Agreement shall nevertheless remain in full force and effect.If any provision is held invalid or
unenforceable with respect to particular circumstances,it shall nevertheless remain in full force and
effect in all other circumstances.
B.This Agreement sets forth the final,complete and exclusive agreement between
Employer and Employee relating to the employment of Employee by Employer.Any prior
discussions or representations by or between the parties are merged into and rendered null and void
by this Agreement.The foregoing notwithstanding,Employee acknowledges that,except as
expressly provided in this Agreement,his employment is subject to Employer's generally applicable
rules,policies and regulations,including those pertaining to employment matters,such as rules and
regulations addressing equal employment opportunity,sexual harassment and violence in the
workplace.
RPV_Robinson Employment Agreement -4-
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C.This Agreement shall be interpreted and construed pursuant to and in accordance with
the local laws of the State of California and all applicable Codes,Ordinances and Resolutions.
D.Employee acknowledges that he has had the opportunity and has conducted an
independent review of the financial and legal effects ofthis Agreement.Employee acknowledges
that he has made an independent judgment upon the financial and legal effects ofthis Agreement and
has not relied upon any representation ofEmployer,its officers,agents or employees other than those
expressly set forth in this Agreement.
IN WITNESS WHEREOF,the parties have caused this Agreement to be signed and
executed personally or on its behalf by its duly authorized representative.
EMPLOYEE
SEAN M.ROBINSON
EMPLOYER
CITY OF RANCHO PALOS VERDES,
A California Municipal Corporation
By:_
ATTEST:
__________(Seal)
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