02-03-1998 - Acting Chief of PoliceCity of West Covina
Memorandum
-
TO: City Council
FROM: City Manager
SUBJECT: ACTING CHIEF OF POLICE
AGENDA
ITEM NO. I - 1
DATE febriiary 1, 199g
® PRINTED ON RECYCLED PAPER
SUMMARY: The City Manager has selected Mr. William Ellis, retired. City of Long
Beach Chief of !Police, to serve as West Covina Acting Chief of Police pending
resolution of the Police Chief position. Mr. Starbird in consultation with Mr.
Glover came to this conclusion after interviewing two finalists from several
candidates referred by the League of California Cities Professional Services Skills
program. The City Manager recommends that the City Council approve an
employment contract with Mr. Ellis. If approved, Mr. Ellis will assume his duties
on Wednesday, IFebruary 4, 1998.
BACKGRO
On December 10, 1997, Chief John Distelrath was placed on administrative leave
pending review of a number of issues. In the Chief's absence, Commander James Dillon
served as ActinglChief. Recently in consultation with Acting Chief Dillon and the other
Department Commanders, it was concluded that, in light of the additional time it might
take to resolve thIe Chief's position, an Acting Chief from outside the Department should
be appointed. I concurred with this and solicited names of individuals available to serve
in an interim position from the League of California Cities Public Service Skills program.
After reviewing the candidates' resumes, contacting references, and interviewing the top
candidates, Mr. Glover and I concluded that Mr: William Ellis possesses the experience
and skills that best suit his serving as Acting Chief of Police for the Department.
DISCUSSION
Mr. Ellis served in the Long Beach Police Department 31 years, the last five years from
1991 through 1996, as Chief. In his five years as Chief, he is credited with rebuilding the
Department in the wake of issues that undermined the Department's credibility and
relationship with the community. Mr. Ellis retired from the Department with a service
retirement in 1996 and for the following year consulted with the Long Beach Unified
School District evaluating its school security program. Mr. Ellis has a strong educational
background with a bachelors degree in criminology from CSULB and a masters degree
from Harvard John F. Kennedy School of Public Policy. Attached is a copy of Mr. Ellis'
resume.
Although the City) Manager is charged with appointing department managers, in this case
given the short-term nature of the appointment, there is the need for an employment
contract which requires formal City Council approval. Attached is a copy of the contract.
It provides that Mr. Ellis will serve in the capacity of Chief of Police employment for an
hourly rate of $57170 with a maximum billing of 40 hours per week even if the work
requires more than 40 hours. This works out to approximately $10,000 which, including
benefit costs, is less than the full cost of a permanent position. The only other benefit
provided to Mr. Ellis is the use of a City automobile for commuting and work.
It is expected that'Mr. Ellis' services will be required for up to six months. Because Mr.
Ellis is retired from the State retirement system he is limited to working a maximum of
960 hours annually for West Covina. The contract provides that the contract can be
terminated by either party on five day's notice.
ATION
It is recommended that the City Council approve and authorize the City Manager to
execute the contract for Acting Chief of Police services with Mr. William Ellis and
approve an appropriation for the cost of the services from the General Fund reserve.
;s E. Starl
Manager
•
•
AGREEMENT
FOR CONSULTANT SERVICES
THIS AGREEMENT, made and entered into this 4th day of February, 1998,
between the CITY OF WEST COVINA, a Municipal Corporation, hereafter referred to
as "City" and Mr. William C. Ellis of William C. Ellis and Associates, hereinafter
referred to as "Consultant". i
WITNESSETH:
WHEREAS, the City Council has recommended approval of an interim Police
Chief; and
WHEREAS, the City desires to retain a consultant to provide management
services for the oversight and administration of the City Police Department (hereinafter
referred to as "Project"); and
WHEREAS, the Consultant has met with the City to discuss the scope of "
services for said Project; and
WHEREAS, the Consultant has the necessary skills and qualifications and
licenses required by law to perform the services required under this Agreement in
connection with said Project; and
WHEREAS, the City desires to retain the Consultant for services hereinafter
I
described in connection with said Project; and
WHEREAS, the City Council at a regular meeting held on the 3rd day- of
February, 1998, authorized the City Manager to enter this agreement.
NOW; THEREFORE, it is hereby agreed by and between the parties that:
1. DEFINITIONS. As used in this Agreement, the following definitions
shall be applicable;
a. Consultant. Consultant shall mean William C. Ellis of William
C. Ellis and Associates, located at 5581 Riverwalk, Long Beach, CA 90803.
b. Ci ,y- City shall mean the City of West Covina, a
KF:cn\word:policecon.doc 1
Municipal Corporation, located at 1444 West Garvey Avenue, West Covina, California
91790.
C. City Council. City Council shall mean the City Council of the
City of West CI �vina.
U. Services. Services shall mean the services to be performed by
the Consultant pursuant to this agreement.
U. Satisfactory. Satisfactory shall mean satisfactory to the City
Manager of the City of West Covina.
2. SCOPE OF SERVICES. Consultant agrees to perform for, and furnish
to, the .City the Management Services described in the proposal attached hereto as
Exhibit "A".
3. PAYMENT. Notwithstanding any other provisions of this Agreement,
upon satisfactory completion of the services hereinabove described in "SCOPE OF
SERVICES", the Consultant shall be compensated on a bi-weekly basis, based upon the
actual time spent on the project at the Consultant's standard hourly rate of $57.70 per
hour, and in addition shall be assigned a City car to be used on City business only and
as personal tran i port to and from his residence.
It is recognized by Consultant that it is likely, in order to effectuate the
scope of services described herein, to require the provision of consultant service hours
beyond 40 hours weekly; and, that such additional hours of service shall be provided by
Consultant at no; additional cost.
4. TIME FOR PERFORMANCE. The Consultant agrees that it shall
diligently and responsibly pursue the performance of the services required of it by this
Agreement.
In no event shall Consultant provide services for more than 960 hours,
unless expressly authorized in writing by the City Manager.
2
•
5.
•
AGREEMENT. The City may, at any time, suspend, terminate or abandon this
Agreement, or any portion hereof, by serving upon the Consultant at least five (5) days
prior written notice. Upon receipt of said notice, the Consultant shall immediately
cease all work under this Agreement, unless the notice provides otherwise. Within ten
(10) days after service of said notice, the City shall pay the. Consultant the total value of
the services rendered by the Consultant to the date that work is to be ceased pursuant to
this section.
If the City suspends, terminates or abandons a portion of this Agreement
such suspension, termination or abandonment shall not make void or invalidate the
remainder of this Agreement. The Consultant may at any time terminate this
Agreement by serving upon the City at least five (5) days written notice.
6. INDEPENDENT CONTRACTOR. The Consultant is and shall at all
times remain as� to the City a wholly independent contractor. Neither the City nor any
of its officers, employees or agents shall have control over the conduct of the
Consultant or a i y of the Consultant's officers, employees or agents, except as herein
set forth. The Consultant shall not at any time or in any manner represent that it or any
of its officers, employees or agents are in,any manner officers, employees or agents of
the City.
7.
The Consultant shall keep itself
informed of local, State and Federal laws and regulations which in any manner affect
those employed by it or in any way affect the performance of its service pursuant to this
Agreement. The Consultant shall at all times observe and comply with all such laws
and regulations. Officers and employees shall not be liable at law or in equity
occasioned by failure of the Consultant to comply with this section.
8. NOTICE. Whenever it shall be necessary for either party to serve notice
on the other respecting this Agreement, such notice shall be served by registered mail,
3
postage prepaid, return receipt requested, addressed to the City Manager of the City of
West Covina at Post Office Box 1440, West Covina, California 91793, and to the
Consultant at 5881 Riverwalk, Long Beach, CA 90803 unless and until different
addresses may be furnished in writing by either party to the other. Notice shall be
deemed to have been served seventy-two (72) hours after the same has been deposited
in the United States Postal Service. This shall be a valid and sufficient service of notice
for all numoses.
9. ASSIGNMENT. The Consultant shall not as the performance of this
Agreement, n Ir any part thereof, nor any moneys due hereunder, without the prior
written. consent of the City. Because of the personal nature of the service to be
rendered pursul nt to this Agreement, only Mr. William C. Ellis shall perform the
services described in the SCOPE OF SERVICES.
10. ATTORNEY'S FEES. Should any' litigation be commenced between the
parties hereto J ncerning the provision of this Agreement, the prevailing party in such
litigation shall be entitled to recover a reasonable sum as attorney's fees, in addition to
any other relief) to which the party may be entitled in law or equity.
11. INDEMNIFICATION CLAUSE. City will indemnify, defend
and hold harmless Consultant from any claim, liability or expense arising from the
Consultant's reasonable conduct of services as described in the "Scope of Services".
12. ENTIRE AGREEMENT. This Agreement and any documents or
instrument attached hereto or referred to herein integrate all terms and conditions
mentioned hereii or incidental hereto and supersede all negotiations and prior writing in
respect to the subject matter hereof.
KF:cn\word:policecon.doc 4
` 1
In the event of conflict between the terms, conditions, or provisions of
this Agreement and any such document.. or instrument, the terms and conditions of this
Agreement shall prevail.
13. EFFECTIVE DATE AND NUMBER OF COPIES. This Agreement is
made in three (3) duplicate originals and shall be effective from and after the date it is
signed by the representatives of the City'.
CONSULTANT CITY OF WEST COVINA
By: By:
Date:
Approved as t
City Attor%
Title:
Date:
ATTEST:
City Clerk
o form:
KF:cn\word:policecon.doc 5
0
EXHIBIT. "A"
SCOPE OF SERVICES
Consultant shall provide general administrative oversight of .the City's
Police Department including, but not necessary limited to, the following:
• Direction and supervision of the City Police Department and Law
Enforcement Programs.
• Confers with the City Manager and City Council on policy or program
recommendations and major problems.
• Analyzes and interprets facts and information in terms of law
enforcement requirements, and formulates and recommends practical and
effective policies, programs, and, facilities to meet these requirements.
• Insures the correct translation and application of law and policy by
administrative and operating staff.
• Maintains discipline among the employees of the department through
direct involvement or enforcement of established policies. .
• Assumes responsibility for the preservation of law and order, prevention
and detection of crime, and enforcement of laws, ordinances, and rules
land regulations. '
• Directs the conduct of research and special studies which may involve
other than law enforcement issues.
• Administers the departmental annual budget and directs the preparation
f or prepares related regular and special reports.
• Maintains harmonious and cooperative working relationships with other
law enforcement agencies and organizations having programs which are,"
associated with those of the Police Department.
• Hears and resolves citizens' complaints and promotes good direction of
police activities.
KF:cn\word:policecon.doe 6