Loading...
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