HomeMy WebLinkAboutStaff Report 14575
City of Palo Alto (ID # 14575)
City Council Staff Report
Meeting Date: 8/8/2022 Report Type: Action Items
City of Palo Alto Page 1
Title: Approval of Appointment and Employment Agreement with Andrew
Binder as Chief of Police
From: City Manager
Lead Department: Human Resources
Recommendation
The City Manager recommends that the City Council approve the appointment of Andrew
Binder as Chief of Police and his employment agreement (Attachment A).
Background
The Palo Alto City Charter and Municipal Code establish the City Manager as the appointing
authority for all officers, department directors, and employees under the City Manager’s
control. The City Charter and Municipal Code additionally specify that the City Manager’s
appointments of department heads are subject to approval of the City Council1. Employment
terms or benefits not included in the Council-approved Compensation Plan for Management
and Professional Personnel require City Council approval.
The Chief of Police position became vacant because of the retirement of Robert Jonsen
announced earlier this year. The Palo Alto Police Department is one of fourteen departments in
the City of Palo Alto and is supported by 125.5 FTE (86 sworn) and has an annual FY 2021-22
General Fund budget of $40 million. The Department is organized across eight divisions: Field
Services, Technical Services, Investigations, Traffic Services, Parking Services, Police Personnel
Services, Animal Services, and Administration. The Department responds to 55,000 calls for
service annually with an average current response time of 6:30 for emergency calls.
Discussion
The City Manager recommends approval of the appointment of Andrew Binder to the position
of Chief of Police2. Binder’s law enforcement experience includes serving eighteen years with
1 Palo Alto Municipal Code 2.08.020 Approval of city manager's appointments.
2 Department Director responsibilities are specified in Palo Alto Municipal Code as follows: 2.08.170 Police
department.
City of Palo Alto Page 2
the City of San Jose in addition to more than seven years in Palo Alto. In Palo Alto, Binder held
several command level executive leadership roles; progressing within the department from
Lieutenant to Captain, and two years of experience as Assistant Chief, before serving in his
current capacity as Acting Chief of Police since June. Binder holds a Criminal Justice
Administration degree from San Jose State University and a Master's Degree in Criminal Justice
from Arizona State University. He has also completed the FBI National Academy for Law
Enforcement Managers, the POST Executive Development Course, the Stanford Local
Government Summer Institute, and Leadership Palo Alto.
Binder was selected as a result of an extensive search that attracted nationwide interest among
executive and qualified public safety leaders, conducted by the City’s Human Resources
Department with assistance by Teri Black & Company. The City began recruitment for the Chief
of Police in January 2022 when Chief Robert Jonsen announced his plans to retire in the
summer of 2022. The City’s outreach strategy was to reach highly qualified and dedicated
public safety leaders who align with the diverse and forward-thinking Palo Alto community. The
City invested in advertising with 10 executive public safety sites, relevant government and
affinity group-focused job boards, the City of Palo Alto’s website with a dedicated page, and
direct mailing outreach to 200 top safety leaders nationwide. In addition, the City Manager also
conducted direct personal outreach to highly respected regional chiefs. This outreach resulted
in 1,386 individuals viewing the job posting and 12 qualified public safety leaders submitting a
cover letter and resume. For context, this volume of views is high, and the number of
candidates is typical for this type of position.
The selection and screening process included:
1) Experience, education, and training review of submitted candidate materials and
phone screen of best-qualified applicants by consultant and Human Resources
staff.
2) Multiple panel interviews that included residents, local business, faith, education,
and other organizations, City leadership staff, public safety unions and police chiefs
from other Bay Area cities. More details are provided in the Stakeholder
Engagement section below.
3) Final interviews conducted by the City Manager with the top candidates.
Binder will be an “At-Will” employee, which means he will serve at the pleasure of the City
Manager and can be terminated or asked to resign at any time. His initial annual salary will be
$295,484 which is within the Council-approved salary range for the Police Chief position. The
employment agreement includes 24 weeks of severance, which is commensurate with other
highly responsible executive positions. The agreement also adjusts Binder’s annual vacation
accrual to 200 hours annually in recognition of his prior years of service as a public safety
officer. All other benefits offered are consistent with the Compensation Plan for Management
and Professional Personnel.
Binder’s appointment will be effective on August 9, 2022.
City of Palo Alto Page 3
Resource Impact
The Police Chief position is included in the FY 2023 Adopted Budget. No budget modifications
or additional funding are necessary.
Policy Implications
This recommendation is consistent with existing City policies.
Stakeholder Engagement
In March, community engagement for the selection of the next Chief of Police began, and
included a listening session hosted by the Human Relations Commission on March 10, 2022
with City Manager Ed Shikada, and the two community listening sessions hosted by City
Manager Shikada on March 19 and 31, 2022. The input received, and other feedback gained via
a web input form and direct emails to the City Manager also helped to inform the process.
Themes heard from the community include transparency, accountability, and the importance of
making community connections. The City’s recruitment brochure and candidate profile for the
Chief of Police included themes from the community engagement process.
To review all the online feedback received through this process, a dedicated webpage was set
up for the selection process of the Chief of Police and can be accessed at
www.cityofpaloalto.org/policechiefselection.
The panel interview process consisted of 16 stakeholders including residents, local business,
faith, City Executive Leadership staff, public safety unions and Police Chiefs from Bay Area
cities. Panelists included Don Austin, Superintendent, PAUSD; Lt. Ben Becchetti, Labor (PMA);
Geo Blackshire, Palo Alto Fire Chief; Agt. Christopher Correia, Labor (PAPOA); Chantal Cotton
Gaines, Palo Alto Deputy City Manager; Winter Dellenbach, Community Member; Erica
Escalante, President, Buena Vista Residents Association; Annette Glanckopf, Team Leader, Palo
Alto Emergency Services Volunteers; Hamilton Hitchings, Community Member; Meghan
Horrigan-Taylor, Palo Alto Chief Communications Officer; Chris Hsiung, Mountain View Police
Chief; David Mineta, CEO, Momentum for Health; Daryl Savage, Human Relations Commission
(former chair); John Shenk, CEO, Thoits Brothers; Kaloma Smith, Human Relations Commission
Chair; and Shawny Williams, Vallejo Police Chief.
Environmental Review
This employment agreement is not a project for purposes of the California Environmental
Quality Act and therefore no environmental review is required.
Attachments:
• Attachment A: Employment Agreement, Chief Binder
1
EMPLOYMENT AGREEMENT
BETWEEN CITY OF PALO ALTO
AND
ANDREW BINDER
THIS AGREEMENT is between the City of Palo Alto, a municipal corporation and chartered city
(“City”) and Andrew Binder (“Binder”). It is effective on the latest date next to the signatures on the
last page.
This Agreement is entered into on the basis of the following facts:
A. City, acting by and through its City Manager, wishes to employ Binder as its Police
Chief, subject to the terms and conditions set forth in this Agreement, the Palo Alto Municipal Code
and the Charter of the City of Palo Alto (the "Charter").
B. Under chapter 2.08 of the Palo Alto Municipal Code, the Police Chief is appointed by the
City Manager with the approval of the City Council. Notwithstanding any provision of the City of Palo
Alto Merit System Rules and Regulations, the Police Chief serves on an at-will basis, with no expectation
of continued employment, and with no right to pre-or post-separation due process or appeal.
C. Binder desires to be employed by the City as its Police Chief, subject to the terms and
conditions in this Agreement, the Palo Alto Municipal Code, the Charter, the Palo Alto Merit System
Rules and Regulations, and all other applicable laws, resolutions, and policies.
D. The City and Binder wish to establish specific terms and conditions
relating to compensation and benefits and related matters.
BASED UPON THE FOREGOING, THE CITY AND BINDER AGREE AS FOLLOWS:
1. Employment. The City appoints Binder as its Police Chief for an indefinite term to
begin on August 9, 2022 (“Employment Start Date”). Except as otherwise provided herein, Binder’s
employment with the City shall be governed by the City Council-adopted Compensation Plan for
Management and Professional Personnel and Council Appointees, as it currently exists and may be
changed from time to time.
2. Duties of the Police Chief. Binder will perform the duties established for the Police
Chief by the Palo Alto Municipal Code, by direction given by the City Manager, and as otherwise
provided by law, ordinance, or regulation. Binder agrees to comply with all federal, state and local laws,
ordinances, rules and regulations applicable to or associated with these duties.
2.1. Full Energy and Skill. Binder will devote his full energy, skill, ability,
and productive time to the performance of his duties.
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2.2. No Conflict. Binder will not engage in any employment, activity, consulting
service, or other enterprise, for compensation or otherwise, which is actually or potentially in
conflict with or which interferes with the performance of his duties. Binder acknowledges that
he is subject to the various conflict of interest requirements found in the California Government
Code and state and local policies and regulations.
2.3 Permission Required For Outside Activities. Binder will not engage in any
employment, activity, consulting service, or other enterprise, for compensation or not, without
written permission of the City Manager.
3. Salary. While performing the duties of Police Chief, Binder will receive a base salary within the
range provided in the City Council-approved Compensation Plan for Management and Professional
Personnel and Council Appointees, as it currently exists and may be changed from time to time. Binder
will receive an initial gross base annual salary of Two Hundred Ninety-Five Thousand Four Hundred and
Eighty-Four Dollars ($295,484), beginning on the Employment Start Date, and subject to increases or
changes approved by Council in the Compensation Plan for Management and Professional Personnel
and Council Appointees. This amount is subject to authorized or required deductions and withholding,
prorated and paid on City's regular paydays. Binder is an exempt employee under applicable wage and
hour law and his base salary shall be compensation for all hours worked. The City agrees that the
amount of Binder's base annual salary will not decrease, except as part of a permanent decrease that is
consistent with the Fair Labor Standards Act.
4. Benefits, Allowances and Obligations. Binder will be eligible for, and shall receive, all regular
benefits (i.e., health insurance, PERS contributions to the extent paid by the City, etc.) and vacation, sick
leave, and management leave, as are generally provided to management employees under the City
Council-approved Compensation Plan for Management and Professional Personnel and Council
Appointees, as it currently exists and may be changed from time to time. In addition, Binder will assume
all obligations and make all regular contributions (i.e., employee assumption of a portion of the
employer PERS contribution) as are generally required of management employees under the City
Council- approved Compensation Plan for Management and Professional Personnel and Council
Appointees, as it currently exists and may be changed from time to time.
5. Additional Benefits and Allowances. In addition to the benefits specified in section 4, Binder
will receive the following additional benefits and allowances:
5.1 Severance. If Binder is terminated or asked to resign, he shall, upon execution of
a release of all claims against the City, be eligible for a severance payment equivalent to
twelve (12) weeks of salary and benefits. The amount of the severance payment shall
increase by twelve (12) weeks, to a total of twenty-four (24) weeks, on August 9, 2023. No
severance shall be paid if Binder is terminated for serious misconduct involving abuse of his
office or position, including, but not limited to, waste, fraud, violation of the law under color
of authority, misappropriation of public resources, violence, harassment, or discrimination. If
Binder is later convicted of a crime involving such abuse of his position, he shall fully
reimburse the City as set forth in Government Code section 53243.3.
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5.2 Vacation Leave Upon Start of Employment. In recognition of his prior public service,
Binder will be credited with vacation leave at the rate applicable to an employee with nineteen
or more years of continuous service, currently a rate of 200 hours annually, prorated and
credited according to the City’s normal procedures.
6. Duration of Employment. Binder understands and agrees that he has no constitutionally
protected property or other interest in his employment as Police Chief. Binder waives any and all rights,
if any, under the Merit System Rules and Regulations, including without limitation, the right to pre-or
post- disciplinary due process. Binder understands and agrees that he works at the will and pleasure of
the City Manager and that he may be terminated or asked to resign at any time, with or without cause.
Binder may terminate this agreement (terminating all employment) upon 30 days written notice to the
City Manager.
7. Miscellaneous.
7.1. Notices. Notices given under this Agreement shall be in writing and shall be
either: a) served personally; or b) sent by Email (provided a hard copy is mailed within one
(1) business day); or c) delivered by first-class United States mail, certified, with postage prepaid
and a return receipt requested; or d) sent by Federal Express, or some equivalent private mail
delivery service. Notices shall be deemed received at the earlier of actual receipt or three (3)
days following deposit in the United States mail, postage prepaid. Notices shall be directed to
the addresses shown below, provided that a party may change such party's address for notice by
giving written notice to the other party in accordance with this subsection.
CITY: Attn: City Manager
250 Hamilton Avenue Palo Alto, CA 94301
Phone: (650) 329-22280
Fax: (650) 328-3631
BINDER: Andrew Binder
250 Hamilton Avenue Palo Alto, CA 94301
7.2. Entire Agreement/ Amendment. This Agreement constitutes the entire
understanding and agreement between the parties as to those matters contained in it, and
supersedes any and all prior or contemporaneous agreements, representations and
understandings of the parties. This Agreement may be amended at any time by mutual
agreement of the parties, but any such amendment must be in writing, dated, and signed by the
parties and attached hereto.
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7.3. Applicable Law and Venue. This Agreement shall be interpreted according to
the laws of the State of California. Venue of any action regarding this Agreement shall be in the
proper court in Santa Clara County.
7.4. Severability. In the event any portion of this Agreement is declared void, such
portion shall be severed from this Agreement and the remaining provisions shall remain in
effect, unless the result of such severance would be to substantially alter this Agreement or the
obligations of the parties, in which case this Agreement shall be immediately terminated.
7.5. Waiver. Any failure of a party to insist upon strict compliance with any term,
undertaking, or condition of this Agreement shall not be deemed to be a waiver of such term,
undertaking, or condition. To be effective, a waiver must be in writing, signed and dated by the
parties.
7.6. Representation by Counsel. Binder and the City acknowledge that they each did,
or had the opportunity to, consult with legal counsel of their respective choices with respect to
the matters that are the subject of this Agreement prior to executing it.
7.7. Section Headings. The headings on each of the sections and subsections of this
Agreement are for the convenience of the parties only and do not limit or expand the contents
of any such section or subsection.
BINDER CITY OF PALO ALTO
Andrew Binder City Manager
Date: Date:
Approved as to Form:
Chief Assistant City Attorney