HomeMy WebLinkAbout1998-08-10 98-326 ORDERCOUNCIL AMON
Item No. 98-326
Data 8-10.98
Item/Subject Order, Confirming the Appointment of Donald J. Winslow as Chief of
Police and AoWoriaivg an Employment Agreement
Responsible Departmeat City Mamager
Commentary:
The attarlced@der will confirm the City Manager's appoinunent ofDomld J. Window as Chief of
Police and authodu an employment agreement with him. Don is a nimteen year employee ofthe
Bavgor Police Department and has served in Deputy Chid for the last sen years. He was selected
from a field of imemal candidates. These candidates were interviewed by a panel composed of
myself Bob Farrar, and Fns Chief Jeff Cammack. Com dlor Palmer sat in on and participated in this
prow".
The pvrel found that we ware blessed with several excellent internal candidates and that an mRemal
searcA wen not necessary.
Based on the imerviews, written assignment, and results of a psychological screening, I have
determined thatDon is the best qualified candidate for the position based on his interpersonal skills,
the depth ofknowledge regarding the Department and die City which he has acquhed during Ns time
as Deputy Chief, and his vision for the future of the Department.
Deparrmmr aeon
Manager's Comments: I recommend your approval. d
M� R
Chy Manager
Aswclated Information: Order, Agreement
Budget Approval:
issuance Director
Lead Approval:
ver
CkyCBy SoBelmr
fnbpduced for
ge
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Anipred to lo, Palmer anguet 10, 19"
CITY OF BANGOR
(TITLE.) (OYDPXt ............ Confirmingthe Appointment of Donald J. Winslow as Chief of
Police and Authorizing an Employmeoa Agreement
B9 rha CEP Cornell of rhe aill OfBaaaor..
ORDERED,
TEAT The City Manager's appointmevl of Donald J. Winslow is hereby
confirmed ami the Manager is authorized to execute the attachM
employment agement.
L'
IN CITY COUNCIL
August 10, 1998
Motion for Passage made and
Seconded
Passed
98-326
ORDER
Title, Confirming the Appointment of
Donald S. Winslow as Chief of Police
and Authorizing an Employment Agreement
......................................
....... .........................
�k6.
Assigned to
.'01W ...............
comniaman
98-326
TRIS Agreement, made and entered into this _ day of1998, by and
between the CITY OF BANGOR (Penobscot County), Slate of Maine, a municipal corporation,
hereinafter summonses referred to as "Employer", and Donald J. Winslow ofHm rner, State of
Maine, hereinafter sometimes referred to as "Employee."
WHEREAS, the City of Bangor desires m employ the services of said Donald J. Winslow
ns Chief of Police of the City of Hangar, and
WHEREAS, the parties have reached Agreemera as to the benefits, conditions of
employment, and working conditions of said Employee;
NOW, THEREPORE, in consideration of the mutant covenants berein contained, the
parties agree as follows:
Employer hereby agrees to employ said Donald J. Winslow to perf rra the functions and
"lea of Chief of Police of the City ofBangar as specified under the Charter and the Ordinances
of the City of Bang" and the laws of the State ofMamc4 and to perform such other duties and
fimctions as the City Manager shell from time to time assign. Subject to the provisions containN
herein, Employee shall save at the pleasure of the City Manage.
A. Employee agrees W remain nt the exclusive employ ofEmployerun it July 26, 1999,
and neither to accept other employment nor m became employed by my other employer so long
as [Itis Agreement shall be in effect.
B. Nothing in Us Agreement shall psmeµ limit ormherwise internee with the right of
the Employee to resign at my time from his position with Employer, upon thirty (30) days entice
to Employer, subject only to the provisions so forth in Section 3 of this Agreement.
C. Nothing m Us Agreement shall prevent, limit or otherwise interfere with the right of
the City Moungm to terminate the services of Employee at any time, upon thirty (30) days notice
to Employee, subject only W the provisions set knh in Section 3 of this Agreement.
D. In the "cat written notice is not given by either party to this Agreement to the
other thirty (30) days prior to July 26, 1999, this Agxment shall be extended on the same terms
and conditions providing for an additional tens ofone (1) year. Said Agreement shallcontinue
thereafter krone (I) you periods unless either party hereto gives thirty (30) days written notice
to the other party that the party does not wish to Wood Us Agreement for an additional one (1)
year period.
98-326
A. Initial Term. to the event Employee is terminated by the City Manager during the
original one you term of his employment and during such time that Employee is wilEng and able
to perform his duties under this Agreement, and should such termination be made without cause
or for corse which would not justify Employee's lamination should he have remained as a Police
Lieutenant, Employee shall have the option of becoming t the position of Police Lieutenant at a
base slay in accordance with the top step of the salary schedule for the Lieutenant position or to
accept one month's severance pay and leave City service. In the event the nomination is for a
cause which wouldjustify the Employee's temthation should he have remained m the position of
Police LumbenanS Employee will be terminated fipm City service and be paid a lump sum cash
payment equal to one (t) month's aggregate salary.
B. Subsequent Terms. In the event Employee is terminated by the City Manager at the
expiration of the original one year term of employment or during any extension thereof and
during such time that Employee is willing and able to perform his duties under this Agreement,
then in that event Employer agrees on pay a imp sum cash payment equal in oma (1) month's
aggregate salary.
C. Forfeiture of Severance Pay. Should the Employee be terminated a my time because
of his conviction of an illegal set involving personal gain on him, Employer shall have no
obfigaion to pay the aggregate severance sum designated in this paragraph.
A. Employ" agrees be pay Employee for his services rendered purport to the Executive
pay schWple of the City of Bangor with an initial annual base salary of fifty-eight thousaW
seven hundred eighty-nine ($58,789) Dollars, payable in installments a the same time as other
employees of the Employer are paid.
B. Employer agrees to handle future salary increases in the same fashion as salary
mcresses are handled for other Executive Level Employees.
A. Cm an annual basis, the City Manager and Employee shall define such goals and
performance objectives which they (leen necessary for the prop" operation Of the Police
Department and shall reduce said goals and objectives in writing. They shall generally be
attainable with the time limitations specified and the annual operating and capital budgets and
appropriatiow provided
B. The City Msnager shall review and evaluate the performance of the Employee
amually on or about the Employe alone of Promotion In Police Chiefwith the City. More
frequent reviews may be held a the discretion ofthe City Manager. Saidreviewendevalvation
shall be in woudince with the goals and performance objectives jointly developed by the City
Mounter and Employee and the normal standards aced to evaluate the performance of other City
employees which ere applicable to Employee's president.
96-326
C. in affecting the provisions offas Section, the City Manager and Employee mutually
agree to abide by the provisions of applicable law.
D. Employee agrees and understands that the term of his employmerd as Chief of Police
shall be subject to the Citys Peaound Rules and Regulations as they currently exist and as they
may he modified from time to time except where provisions of this Agreement modify or
supersede the Personnel Rules and Regulations.
Employee shall not participate in my non -Employer connected business or employment
without prior condonation to the City Manager.
Employer agrees to provide Employee with all categories ofMaine benefits in the sane
anoints and coverages as are provided from time to time by Employer to other employees of the
City of Banger a the Executive Level.
In addition, Employer shall pay Employee an annual sum of Three thousand ser hundred
dollars ($3,600) as a ca allowance" lien of a motor vehicle provided by the City. Said sum
shall he payable to alual monthly amounts. Employee shall be responsible for the purchase,
operation, maintenance and repair of his vehicle and for providing and paying the cost of
liability, property damage, and collision msmence. City Shall provide and pay for the
installation and maintenance of such communications equipment for his vehicle as City may
determine to be naessary fm fulfilling his responsibilities as ChiefofPolice. This equipment
shall he retmned to City should Employee leave or he terminated as ChiefofPolice.
Employer shall defend, save Nominee and indemnify Employee against my tort,
professional liability claim or demand or other legal actwn, whether groundless or otherwise,
arising out of my alleged act or omission occurring in the performance ofEmployeeb dudes as
Chief of Police. Employer will compromise and settle any such claim or suit and pay the meant
of my settlement crjudgement rendered thereon.
Employer shag beer the full cast of my fidelity or other bonds required of the Employee
order any law or ordinance.
Employee agrees that should he sell his property in Hermon, Maine, he will establish
residence within the corporate limits of the City of Bangor and than will maintain residence m
the City of Bangor for the term of his employment as Chief of Police.
The City Manager, in consultation with the Employee, shall fix any such other terms and
conditions of employment, wit may determine from time to time, relating to the performance of
the Employee, provided such terme and conditions are not inconsistent with or in conflict with
the porvisiotu of this Agreement the Charter or my other law.
Notices pursuant to this Agreement shall be givm by deposit in the comedy of the United
Stales Postal Service, passage prepaid, addressed as £allows:
(I) Employer: CityofBaugor
73 Harlow Street
Bangs, ME 04401
Atm: City Mamga
(2) Employee: Ronald J. Winslow
RED N2, Box 6900
Carmel, ME 04419
Alternatively, notices required moment to flus Agreement maybe Personally served in
the same manner as is prescribed for persmml service of process under the Maim Rates of Civil
Procedure. Nodceshallbed Wgivmmofthedateofpereonalservimormofthedmeof
deposit of such written notice in the coarse of transmission in the United Somm Postal Service.
A. The test herein shall constitute the entire Agreement between the parties.
B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and
examines of Employee.
C. This Agreement shall become effective commencing July 26, 1998 or whom Employee
assumes the Position of Chief of Police, whichever shall occur that.
D. If my provision, or any portion thereof, contained in this Agreement is held
mconstitational, invalid, or unmforceable, the remainder of this Agreement, or portion thereof,
shall be deemed severable, shall not be affected sed shall remain in full force and effect.
IN WffNESS WHEREOF, the City of Bangor has caused flus Agreement an be sigmed
and exemted in its behalf by its City Manager, and duly attested by its City Clerk, and the
Employee has signed and executed this Agreement, both in dmpficate, the day and year first
above writtan.
98-326
CITY OF BANGOR
BY
Edward A. Barrett
City Manager
BY:
Donald J. Winslow
ATTEST:
City Clerk (Seal)
APPROVED AS TO FORM:
City Solicitor