HomeMy WebLinkAbout1997-10-27 97-445 ORDERItem No 9 7 --cc5
Date: 10,21-91
Item/Subject: ORDER: Confirming the Appointment of a City Nursing Facility
Administrator
Responsible Department: Executive
Commentary:
the position of City Nursing Facility Administrator has been var since Ketid Murray resigned
effective July 199'1. N the interim, Awe White has served as Acting Director and Ms. Marmy has served
in a consulting role for license purposes.
The position was advertised twice sad the second recruitment process reaulte i in tM selection of
candidate for the position. The selection committee was comprised of the City Manager, Director of
Adadnisimtiw and Human Resoumw, Acting CNF Administrator, CNF Consultant Murray, and Irene
Marshall, representing the City Nursing Facility Advisory Coraraittee. -
Manager's Comments:
Associated Informstbn:
Order (employment contract under separate cover)
Budget Approval:
"41
Department Head
City Manager
Finance Director
Legal Approval:
city sollcl�&
Introduced for
x Passage
_First Reading Page—ef_
_Referral
91-445
Anignedto Cowetloc Baldacci October 27, 1997
CITY OF BANGOR
(TITLE.) Vt/1'Ur ConSmungthe Appointment of a City Nursing Facility Administrator
a............. .....— _._ ........1...
By the City CoudlefSo cup ofBanyar.
ORDERED,
THAT the City Managers appointment of Donald A. Gross as Administrator of flue
City Nursing Facility is heroby confamed and the City Manager is authorixedm execute an Employment
Agreement with this individual, aeopy of which ism file in the GSfiee of the City Clerk.
i
ITT COUNCIL
October D, 199
1 - -
Pd
aw
91-445
0 ROCR
Title, Confirming the Appointment of
a City Nuusiny Facility "minlstiatot
.................................... 1.
..................................... .......................:
1. Q.
1nn1�� II . Aw*nd to
........�VT..� ..........
U Councilman
THIS Agreement, made and entered into this2t day of, 1991, by and
between the CITY OF BANGOR (Penobscot County), Some of Maine, a municipal corporation,
hereinafter sometimes referred m as "Employer,' and Donald A. Gross of Camden, State of
Maine, hereinafter sometimes refined to as "Employee."
WHEREAS, the City of Bangor desires to employ the service of said Donald A. Gross as
City Nursing Facility Administrator of the City of Bangor; and
WHEREAS, the parties have reached Agreement as to the benefits, conditions of
employment, and working conditions of said Employee; - -
NOW, THEREFORE, in consideration of %a mutual covenants herein contained, the
parties agree as follows:
Employer hereby agrees m employ said Donald A. Gross to perform the functions and
duties of City Nursing Facility Administrator of the City of Bangor as specified under the
Charter and the Ordinances of the City of Bangor and the laws of the State of Maine, and to
perform such other duties and functions as the City Manager shall from time to time assign.
Subject to the provisions contained herein, Employee shall serve st the pleasure of the City of
Bangor.
A. Employee agrees to remain in the exclusive employ of Employer until November 17,
1998, and neither to accept other employment net to become employed by any other employer
so long as this Ag amnent shall be an effect.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
the Employee to resign a any time from his position with Employer, upon thirty (30) days notice
to Employer, subject only to the provisions set forth in Section 3 of this Agreement.
C. Nothing in this Agro meM shall prevent, limit, or otherwise interfere with the right of
the City Manager m terminate the services of Employee 9 any time upon thirty (30) days notice
W Employee subject only to the provisions set forth in Section 3 of this Agreement. During the
original term of this agreement only, such notice shall include a statement of the job mleted
misfeasance or other causes for such formulation. Employee may also be temdvmed uponthirty
(30)days prior written notice should the position of City Nursing Facility A irdslrmor be
eliminated by action of the Employers goveming body.
D. ff the event wrium notice is not given by either party to this Agreement to the other
thirty (30) days prior to November 17, 1998, this Agreement shall be extended on Ne same toms
and conditions providing form additional term ofone (1)Your . Said Agreement shalt continue
thereafter for one (I) yew periods unless either party hereto gives thirty (30) days writtennotice
to the other party that the party does not wish to extend this Agreement for an additional one (1)
year tam.
N the event Employee is temunated by the City Manages during or at the expirmion of
the aforesaid tam of employment, or during any extension thereof, and during such time that
Employee is willing and able to pafomn his duties under this Agreement, then in that event
Employer agrees to pay Employee a lump anew cash payment equal to one (1) months' aggregate
salary; provided, however, that in the event Employee is terminated because of his conviction of
any illegal wt involving personal gam to biro, down, in that event, Employer shall have no
obligation to pay the aggregate severance sum designated in Us paragraph.
Sectimsa,4.-Sshurt�
A. Employer agrees to Pay Employee for his services tendered tomorrow moved an annual
base salary, of Pony -nine downward six hundred and seven ($49,607) (Executive Pay Grade 4,
Step 5), payable in installments at the same time as other employees of the Employer aro paid.
B. Employer agees to handle future salary increases m the same fashion as salary
increases are handled for other Executive 4vel Employees.
A. On an annual basis, tee City Manager said Employee shall define such goals and
perfommnce objectives as they deem necessary for the proper operation of the City Numing
Facility aad shall reduce said goals and objectives to writing. They shall generally be stainable
within the time limitations specified and the annual operating and capital budgets and
appropriations provided.
B. The City Manager shall review anal evaluate the performance of the emPIOyce
annually on or about the Employee's amiversary date of employment with the City. More
frequent reviews may he held at the discrawn of the City Manager. Said review and evaluation
shall be in accordance with the goals and performance objectives jointly developed by the City
Manager and Employee and the normal standards used m evaluate the performance of other City
employees which are applicable to Employee's Position.
C. In effecting the provisions of this Section, the City Manager and Employee mutually
agree to abide by the provisions of applicable law.
D. Employee agrees and understands that the terms of his employment as City Nursing
Facility Ad Wstmdw shall be subject to the City's Personnel Rules aM Regulations as they
currently exist and as they may be modified from time to tune except where provisions of this
Agreement modify or supersede the Personnel Rules and Regulations.
B�dm ��maa
Employee shell not participate in any von -Employer concerted business or employment
without the prior approval of the City Manager. Such approval shall not be umeasoaably
withheld az long as the employment lu question does not conflict with Employee's duties and
responsibilities as City Nursing Facility Admhdstmtm. This does not preclude the employee
from reaching college related courses during non -work hours so long as said work does not
interf in any way with employment with the City.
i If N a.A Clr4 taeve
On the commencement of this AgromenS Employee shall be credited with five (5) days
ofvacation leave and five (5) days of sick leave. Thereafter, Employee shall have credited to his
personal account, sick leave at the same rate as other employees of Employer. Thereafter,
vacation shall accrue "a same raze as other employees of the Employer. Vacation leave may
be taken by the Employee at my time so long an his absence data not ruu asombly interfere with
the operations of the City and such leave is approved in advance by the City Manager.
Employer agrees to provide Employee with all categories of fringe benefits in the some
pmts and coverages as are provided from time to time by Employer to other employees of the
City of Bangor except as noted elsewhere in this Agreement
Employer agrees in pay the annual licensure fee as required for this position as well as the
reasonable and customary costs associated with the continuing in-service education required for
this license. Other job-related treating expenses may be reimbursed to the extent such training
and education is budgeted on an annual basis as approved by Employer's Governing Body.
Employee shall also be reimbursed for direct expenses associated with Employee's participation
in such job-related organizations as are approved by Employe.
Cert nn 9 Reriwment
In addition to the wary to be paid by Employer to Employee, Employee shall have the
option of enrolling is the City's Maine State Retirement System or an alternate retirement
program composed of the lCMA401-A progress and the lCMA-457 program. Shouldthis
alternateprogmm be selected, Employer agrees w pay into the ICMA-0Ol-A program an amount
equal to 7.5% of salary and into the ICM 457 program an additional 2.5% of salary in lieu of
Employee mtjoimng the Maine Stare Retirement System.
Employer shall defend, save harrnless and indemnify Employee against any tort,
professional liability claim or demand or other legal acting, whether groundless or otherwise,
arising out of an alleged act or omission occurring in the performance of Employee's dirties as
City Nursing Facility sniorm cobra. Employer will compromise and settle my such claim or suit
and pay the amount of my settlement or judgement rendered thereon
Employer shall bear the fill cost of any fidelity or other bonds requirwi of the Employee
under any law or ordinance.
The City Mountain, in consultation with the Employee, shall fix any such other tams and
conditions ofemployment, as may be determined from time to time, totaling to the per hormones
of Employee, provided such terns and conditions are not mo nsistent with or in conflict with the
provisions of this Agreement, the Charter or my other law. Employee agrees that once his
children have completed high school the he will establish inurement residence within the
corporate limits of %a City of Bangor as soon thereafter as practicable and then will maintain
residence in the City of Bangor for the term of his employment.
Notices forward to this Agreement shall be given by deposit in the custody, of the United
States Postal Service, postage prepaid, addressed as follows:
(1) Employer: City of Bangor
73 Harlow Street
Baagor,ME 04401
AMr: City Manager
(2) Employee: Donald A. Gross
20 Knowlton Strew
Catnden,ME 04843
Mu natively, ratites required prominent m this Agreement may be personally served in
the same owner as is prescribed for personal smites ofproceis under the Maine Rules of Civil
Procedure. Notice shall be deemed given as of the date of personal service or az of the date of
deposit of such written notice in the course ofbecamission in the United States Postal Service.
A. The text herein shall corvsschue the entire Agreement between the parties.
B. Ods Ag entshallbebindinguponondinurewthebenefitofthehehsatlawand
executors ofFmploya.
C. This Agreement shall become effective commencing November 17,1997 or when
Employee assumes the position of City Nursing Facility Administr Wr, whichever shall oaur
first.
D. Ifany Provision, or any portion thereof, contained in this Agreement is held
uncorisamtional, invalid or utrrnfon.aebl5 the ravamder of His Agement, or portion thereof,
shall he deemN severable, shall not be affected and shall remain in full force end effect.
M WITNESS WHEREOF, the City of Bangor has caused this Agreement to be signed and
executed in its behalf by its City Marugu, and duly attested by its City Clark, and the Employee
has signed and executed this Agreement, both in duplicate, the day and year first above written.
ATTEST:
APPROVED AS TO FORM:
City Solicitor
BMiWR CITY C011ACM
13dward A. Brandt
City Manager