HomeMy WebLinkAbout12 - Temporary Employment Agreement for City Clerk ServicesQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
May 27, 2025
Agenda Item No. 12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Grace K. Leung, City Manager - 949-644-3001,
gleung@newportbeachca.gov
PREPARED BY: Lorig Yaghsezian, Management Analyst - 949-644-3028,
laghsezian@newportbeachca.gov
TITLE: Temporary Employment Agreement for City Clerk Services
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Due to the upcoming retirement of City Clerk Leilani Brown, the Newport Beach City
Council will consider appointing Molly McLaughlin Perry as Interim City Clerk as well as
approving a temporary employment agreement with Ms. Perry to provide city clerk
services until the recruitment process for her successor is complete.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Pursuant to Charter Section 600, appoint Molly McLaughlin Perry as the Interim City
Clerk for the City of Newport Beach; and
c) Authorize the Mayor and City Clerk to execute the Temporary Employment Agreement
with Molly McLaughlin Perry for city clerk services.
DISCUSSION:
City staff is recommending that the City Council appoint Molly McLaughlin Perry to
provide city clerk services due to City Clerk Leilani Brown's planned retirement on
June 13. The recruitment for a new city clerk is currently underway, however, staff
anticipates there will be a period during which the position is vacant, as the hiring process
is not expected to conclude until late summer.
Ms. Perry has extensive experience in election, public record and public meeting
management, and is well versed in the Public Records Act and open meeting laws. From
2014 to 2020, she served as the city clerk for the City of Irvine. Prior to that, she served
as the city clerk for the City of Rancho Santa Margarita for six years.
Ms. Perry has recently provided consulting services to the City of Sausalito and City of
San Clemente, assisting with election management, public meetings, public records and
technology implementation.
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Temporary Employment Agreement for City Clerk Services
May 27, 2025
Page 2
If approved, the temporary employment agreement would be effective June 16, 2025, and
would terminate no later than October 17, 2025. Ms. Perry would attend all City Council
meetings and be present at City Hall no fewer than three days per week.
The authority to appoint Ms. Perry as the Interim City Clerk is set forth in Charter
Section 600. Upon appointment, Ms. Perry's duties would include, but not be limited to,
those duties set forth in Charter Section 603. The contract with Ms. Perry provides that it
would automatically be terminated upon the appointment of a new city clerk by the City
Council.
FISCAL IMPACT:
Should the City Council approve the agreement, Ms. Perry will be compensated at a rate
of $92.02 per hour, which is within the salary range for the city clerk position. Ms. Perry
will not be authorized to receive overtime pay.
This agreement will be expensed to the City Clerk's Office Professional Services Account
No. 01010005-71101.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Temporary Employment Agreement
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ATTACHMENT A
TEMPORARY EMPLOYMENT AGREEMENT
WITH MOLLY MCLAUGHLIN PERRY FOR
CITY CLERK SERVICES
THIS AGREEMENT FOR POST RETIREMENT TEMPORARY EMPLOYMENT
("Agreement") is made effective as of the 16th day of June, 2025 ("Effective Date"), by
and between the City of Newport Beach, a California municipal corporation and charter
city ("City") and MOLLY MCLAUGHLIN PERRY ("Employee"), with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of
the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of the City.
B. City requires temporary assistance in the City Clerk's Office for City Clerk services.
C. The City desires to employ Employee on a provisional "at will" basis and to enter into
an Agreement with Employee for temporary City Clerk employment services
("Position") upon the terms and conditions in this Agreement.
D. Employee is willing to accept such temporary employment on the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on June 16, 2025, and shall end
October 17, 2025, unless terminated earlier as provided herein.
2. SERVICES TO BE PERFORMED BY EMPLOYEE
2.1 Services shall include the following: City Clerk, as further described in the Job
Description attached hereto as Exhibit A and incorporated herein by reference.
2.2 All duties shall be performed in compliance with City ordinances, policies,
rules and regulations. Employee shall familiarize herself with the City's Employee Manual.
At all times, Employee agrees to perform all services related to Employee's employment
hereunder faithfully and diligently and to discharge the responsibilities thereof to the best of
Employee's ability.
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3. COMPENSATION
3.1 As consideration for the performance of specified services under this
Agreement, Employee shall be compensated as follows:
3.1.1 Pay of Ninety Two Dollars and 021100 ($92.02) per hour for hours
worked pursuant to this Agreement. Employee shall be paid on a bi weekly basis
corresponding to the City's payroll schedule and Employee is subject to State and Federal
income tax withholdings. This amount shall be considered just compensation and no
additional benefits, except for those benefits mandated by state or federal law, or holiday
pay will be provided under this Agreement.
3.1.2 Employee shall maintain and submit complete records of time
expended pursuant to this Agreement and corresponding to City's payroll schedule.
4. HOURS
4.1 Employee shall be required to attend all City Council meetings and is
expected to be physically present at City Hall no fewer than three days per week. The
Employee's work hours shall not exceed eight (8) hours per day or forty (40) hours per week.
4.2 It is expressly understood that Employee is a nonexempt Employee and
employment is for a provisional, "at will" position.
4.3 Notwithstanding any federal and state laws, regulations or orders, Employee
shall not work more than 960 hours during the term of the Agreement in accordance with
CalPERS post retirement employment guidelines. Employee shall be responsible for
monitoring the hours worked during these time periods to ensure full compliance.
5. NOTICES
5.1 All notices, demands, requests or approvals, including any change in mailing
address, to be given under the terms of this Agreement shall be given in writing, and
conclusively shall be deemed served when delivered personally, or on the third business
day after the deposit thereof in the United States mail, postage prepaid, first-class mail,
addressed as hereinafter provided.
5.2 All notices, demands, requests or approvals from Employee to City shall be
addressed to City at:
Attn: Joe Stapleton, Mayor
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Temporary Employment Agreement Molly McLaughlin Perry Page 2
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5.3 All notices, demands, requests or approvals from City to Employee shall be
addressed to Employee at:
Molly McLaughlin Perry
Address on File with City Manager
6. TERMINATION
6.1 Employee's employment is "at will" which means that Employee's
employment with City may be terminated at any time, with or without cause, by either party
by giving 24 hours prior written notice to the other party. The parties agree that this
Agreement shall be deemed terminated upon the appointment of a new permanent or
interim City Clerk by the City Council.
6.2 Provisional Employee shall mean any person who, pursuant to an
Appointment, contract or otherwise, performs work that is generally identified in the Annual
Budget and is of limited duration or seasonal in nature.
6.3 Employee's employment status can only be changed by the City Council.
6.4 Nothing in this agreement shall prevent, limit or otherwise interfere with the
right of the Employee to resign at any time from the temporary position with the City.
6.5 No promises or representations regarding regular, full time or permanent
employment status have been made to Employee and Employee has no expectation of
permanent employment with the City. Furthermore, Employee has no expectation of Civil
Service classification, rights or status under this Agreement.
6.6 Upon termination of this Agreement, the City shall pay to Employee that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
7. EFFECT OF PRIOR AGREEMENTS
This Agreement supersedes any prior agreement between the City and the
Employee, except that this agreement shall not affect or operate to reduce any benefit or
compensation inuring to the Employee of a kind elsewhere provided and not expressly
provided in this Agreement.
8. OWNERSHIP OF DOCUMENTS
Each record, document and other writing produced (hereinafter "Documents"),
prepared or caused to be prepared by Employee, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Employee or any
other party.
Temporary Employment Agreement Molly McLaughlin Perry Page 3
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9. CONFIDENTIALITY
Employee shall hold and safeguard confidential information'in trust for the City and
shall not, without the prior written consent of the City, misappropriate or disclose or make
available to anyone for use outside the City at any time, either during her employment with
the City or subsequent to the termination of her employment with the City for any reason,
including, without limitation, termination by the City for cause or without cause, any
confidential information, whether or not developed by Employee, except as required in the
performance of Employee's duties to the City. All documents, including drafts, preliminary
and communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
10. CONFLICTS OF INTEREST
10.1 The Employee shall be subject to the provisions of the California Political
Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial
interest that may foreseeably be materially affected by the work performed under this
Agreement, and (2) prohibits such persons from making, or participating in making,
decisions that will foreseeably financially affect such interest.
10.2 Employee shall conform to all requirements of the Act. Failure to do so
constitutes a material breach and is grounds for immediate termination of this Agreement
by City.
11. OUTSIDE ACTIVITIES
Employee is expected to devote her full time, attention and efforts to the performance
of her assigned duties during those times she is working for the City. Employee shall not
engage in any outside employment or business activities during her workday. Employee
shall not engage in any employment, outside activity, or enterprise that is inconsistent,
incompatible or in conflict with, or that interferes with, her ability to perform the duties,
functions, or responsibilities of her Position.
12. STANDARD PROVISIONS
12.1 Recitals. City and Employee acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
12.2 Compliance with all Laws. Employee shall, at her own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all work prepared by Employee shall. conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements.
12.3 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Job Description or any other attachments
attached hereto, the terms of this Agreement shall govern.
Temporary Employment Agreement Molly McLaughlin Perry Page 4
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12.4 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant or condition contained herein, whether of the same
or a different character.
12.5 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
12.6 Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either party
by reason of the authorship of the Agreement or any other rule of construction which might
otherwise apply.
12.7 Amendments. This Agreement may be modified or amended only by a written
document approved by the City Council.
12.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
12.9 Controllinq Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this Agreement
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
12.10 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
12.11 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Temporary Employment Agreement Molly McLaughlin Perry Page 5
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: / (;' ( (2 % Z 5^
By: "%_—
A ro C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Joe Stapleton
Mayor
EMPLOYEE: Molly McLaughlin Perry
Date:
��— By:
Molly McLaughlin Perry
[END OF SIGNATURES]
Attachment: City Clerk - Job Description
Temporary Employment Agreement Molly McLaughlin Perry Page 6
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EXHIBIT A
JOB DESCRIPTION
Temporary Employment Agreement Molly McLaughlin Perry Page A- 1
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ALLIANCE
RESOURCE CONSULTING LLC
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.e Covt nunit:
The City of Newport Beach is one of Southern California's most picturesque and popular beach communities. It is
located in the coastal center of Orange County, with Los Angeles County to the north and San Diego County to the south.
Newport Beach surrounds Newport Bay, well known for its picturesque islands and one of the greatest recreational
harbors in the world, accommodating approximately 4,300 recreational and sports charter boats docked within its
21-square-mile harbor. The bay and the ten miles of ocean beach offer outstanding fishing, swimming, surfing, and
aquatic sports activities.
The City has a permanent population of 82,419, which typically grows to well over 100,000 during the summer months,
including 20,000 to 100,000 or more tourists daily. There are fine residential areas, modern shopping facilities, and a
quality school system. Public elementary and secondary education is provided by the Newport -Mesa Unified School
District and the Laguna Beach Unified School District. The University of California, Irvine, is located immediately adjacent
to the city, and several other colleges are within a 30-mile-radius.
Newport Beach was incorporated September 1, 1906. The City Charter was originally adopted in 1954 and has been
updated and amended over time. The City operates under a Council -Manager form of government. Council Members
are elected by district but voted on by the population as a whole and serve four-year staggered terms. The governing
council consists of the Mayor and six other members and is responsible for, among other things, policymaking, passing
local ordinances, adopting the budget, appointing committees, and hiring the City Manager, City Attorney, and City
Clerk,
The City of Newport Beach is a full -service city, providing its residents and visitors with high quality municipal services,
a desirable place to live, work, recreate, and visit, with a focus on public safety. The FY 2024-25 Operating Budget is
$440.5 million and the capital budget totals $54.3 million with 775 full-time employees and 146 part-time employees.
Newport Beach has a history of impressive financial strength with current General Fund reserves exceeding $65 million
and a AAA credit rating by Moody's and Fitch.
The Office of the City Clerk
The City Clerk is the local official for elections, local legislation, the Public Records Act, the Political Reform Act, and the
Brown Act (open meeting laws). Before and after the City Council takes action, the City Clerk ensures that actions are in
compliance with all federal, state and local statutes and regulations and that all actions are properly executed, recorded
and archived.
The Office of the City Clerk is a service department within the municipal government upon which the City Council, all City
departments, and the general public rely for information regarding the operations and legislative history of the City. The
City Clerk has three direct reports, and serves as the liaison between the public and City Council and provides related
municipal services.
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The City Clerk serves as one of three appointed positions reporting directly to the City Council. The City Clerk plans,
directs and reviews the activities, operations and financial aspects of the City Clerk's Office to ensure achievement of
high standards of service and efficiency; serves as the principal resource to the City and the City Council relating to the
execution of municipal elections, referendums, initiatives and the like; manage compliance with Fair Political Practices
Commission (FPPC) regulations and reporting; provide highly accurate and effective stewardship of City records, bids
and contracts; assures accurate and timely administration of City Council meetings, minutes and notices; maintains
professional and effective inter -departmental relations and support; supervises timely processing of Public Records Act
requests; and performs such other duties as directed by the City Council.
The ideal City Clerk will be a dedicated municipal professional with a strong commitment to customer service, who
brings a fresh perspective and a keen ability to identify and implement process improvements, while also valuing the
City's riot history and organizational culture.
Key focus areas for the City Clerk will include: supporting and working closely with the City Council, ensuring prompt
responses to public records requests, maintaining collaboration between the City Clerk's Office and the City Manager's
Office, and streamlining communication processes for timeliness. The City Clerk will also ensure that there is adequate
staffing for the numerous City boards and commissions. A forward -thinking approach to leveraging technology will be
essential —particularly in enhancing records management systems, improving the accuracy and accessibility of meeting
minutes, and increasing overall operational efficiency.
Lastly, the ideal candidate will be professional, diplomatic and a strong self-starter.
L-clucatiuri, LAPefllerllce and Certifications
The following are desired minimum levels of achievement for the position; although, the City reserves the right to value
special strength or achievement in any requirement as an offsetting factor in relation to a shortfall in another requirement;
Education: A bachelor's degree in public administration, records management, public policy or a related field from
an accredited college or university, or equivalent educational achievement in another discipline.
Experience: Seven years of municipal city clerk management experience, preferably with at least two years in a
senior supervisory or lead capacity.
License/Certificate: Due to the performance of some field duties which require the operation of a personal or
City vehicle, a valid and appropriate California driver's license and an acceptable driving record may be required.
Certification as a Municipal Clerk (CMC) by the International Institute of Municipal Clerks.
Compensation
The annual salary for this position is $127,614 to $191,407 and will be dependent upon the qualifications and experience
of the selected candidate. This position is included in the Key and Management Employees (K&M) compensation plan.
Total employee contributions towards retirement and benefits are a minimum of 17.17%. Please review below for a list
of compensation and benefits.
Retirement: California Public Employee Retirement System (CaIPERS) plan, which offers reciprocity between
agencies. Classic tier II employees who have been in the CaIPERS system and are new to the City of Newport
Beach, will receive a 2% @ 60 formula. Employees new to the City and CaIPERS, and who do not belong to a
reciprocal agency of CaIPERS, will receive the tier III formula of 2% @ 62. Employees are required to contribute
11.5% of pensionable income towards their retirement benefit. Member contributions increase to 13% effective
January 2026.
LIUNA Supplemental Retirement: Employees contribute 3.22% of salary for this benefit through a pre-tax payroll
deduction. Participation is mandatory.
Medicare: Federal mandate requires all employees hired or rehired by any government agency on or after April 1,
1986 to participate in Medicare. The City matches the employee's Medicare contribution, which is 1.45°/o of salary.
Enrollment and deduction amounts are subject to change based on negotiated terms and additional laws,
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Retiree Medical (Benefit: Employees are required to contribute 1 of salary for thks benefit through pre-tax payroll
deduction. Vesting occurs after five years of full-time service, and City paid contributions based on age and years
of service begin. Account funds may be used after separation from the City for reimbursement of eligible medical
expenses.
► Disability Insurance: Up to 66.67% of covered wages up to a maximum benefit of $1,846 weekly for short --term
disability after a 30-calendar day waiting period and $15,000 monthly for long-term disability after 180 calendar day
waiting period.
► Cafeteria Plan. The City offers a variety of CaIPERS PPO and HMO medical plans, Delta PPO and HMO dental
plans and VSP vision plans. A monthly cafeteria allowance of $1,725 is provided to purchase medical, dental and
vision insurance (plus an additional $158 monthly contribution if participating in a medical plan). If electing medical
coverage and spend less than the City contribution, there shall be no cash back provided. Those wishing to opt out
of medical coverage receive an opt- out allowance of $500 per month upon submission of proof of alternate group
medical insurance coverage.
► Technology Allowance: $80 monthly smart phone and equipment stipend_
► Executive Management Physical: Up to $1,000 per year
► Automobile Allowance: $400 per month
► Flexible Spending Account: Optional. Pre-tax for medical and dependent care.
► Section 457 Deferred Compensation Plan with Roth option: Optional participation. No City matching.
► 401(a) Defined Contribution Plan: The City shall contribute a total of 2% of base salary to a defined contribution
plan account on a pre-tax basis.
► Life Insurance: City paid policy up to $50,000 in coverage based on annual salary. Supplemental lire insurance is
available at the employee's expense and payroll deductions are made on a post -tax basis. Maximum supplemental
life insurance coverage is $500,000.
► Employee Assistance Program: City -paid benefit which provides confidential counseling on work and life issues.
► Flex Leave: This is a combination of sick and vacation leave which is earned at a rate of 8.77 hours per pay period
(228 hours per year), with a maximum of 9.69 hours per pay period (252 hours per year) based on years of City
service.
► Administrative Leave: Up to 80 hours per calendar year at the discretion of the City Manager. This leave has no
cash value and does not carry over from one calendar year to the next.
► Schedule: This is an in -person position with an optional 9/80 work schedule with alternating Fridays off.
► Telecommuting: Employees receive 80 hours of telecommuting hours per year.
► Office Attire: Business casual or jeans paired with a City provided polo shirt.
► Holidays: FgUvalent to 12 paid holidays per year which includes one floating holiday.
For more information, please visit the links below:
► Key & Management C .. , 'lai
► Key & Management Benefits Summary
Haw to Apply
Please apply online by June 2, 2025 at e' ^nl. The City is aiming to hold in -person first -round interviews
on June 18, 2025, For questions, inquiries or candidate recommendations, please contact:
Office: (562) 90 1 -0769 x331
E-mail: u.yeaa_;arE cei .cam
Alliance Resource Consulting LLC
Wesley Herman
Office: (562) 901-0769 x337
E-mail: v�ien;:aii•v•�<<,ar.c €c.coa
Linkedin: " ^.'` r<=' ^— company/alliance-resource-consulting
An Equal Opportunity/ADA Employer
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