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HomeMy WebLinkAbout1996-02-12 96-115 ORDERCOUNCIL ACTION Item NO. 95J15% Date 2/12/96 Item/subject: Order, Confirming the Appointment of Rodney O. MCKay as Director of Community and economic Development. Responsible Department: City Manager Commentary: The attached Order would confirm my appointment of Rodney G. McKay as Director of Community and Economic Development for the City of Bangor. Rod has a long history Of service to the City of Bangor and was selected for this position through an internal recruitment. During the recruitment process, I was impressed with the ideas which Rod has to continue to move the Department of Community and Economic Development forward. His emphasis on teamwork, integration, and maximmin utilization of existing staff will continue e the efforts which have been underway for some time to develop a fully integrated department which can deal with and coordinate all development issues for the City. It should also be noted that Rod's plans and ideas include taking steps to strengthen ourmc development efforts through the reallocation of resources within chis department to create a additional position. We will begin the process of moving forward in this area and would anticipate that this position would be included within the 1997 Community Development budget. I request your approval of this appointment. Edwa[d A. eaxrett Associated Information: order, Rmployment Contract Finance Director Legal Appreval: ' tv �' 4 Ci[Y solicitor Introduced For Passage First Reading Referral to Page of 96-115 M®pmdto CGwegor popper February 12, 1996 CITY OF BANGOR lm�'' �CDBT 'ming the A ointment of ItMne G. McKay as Director of Comnunity and Economic Development - By 410 Oily Csa of 04 CUM ofBsnpar. 08DMMD,. TUT The City Manager's appointment of Rodney G. McKay as nireCtOr of Cpmwnity and econaniC Development of the City of Pangar is hereby confirmed and the City Manager is authorized to execute the attached Employment Agreement with Mr. McKay. 96-115 =3N CITY 800RCIC{ - O R D E R Eegvya y, 12, 1996 'Aaeaed- +: Titley G. CjmjMaKay, as Direttoine®enc of ` Rodney C. NaKey, va Dive[mv of Community ' CZTY CLERK' " avd Ecvnamic DenelvPvevL^.. .. , .................................... ..... - Aee/ipn/mdb ......1 ... ....... - � �Cowcilman 96-115 THIS Agreement, made and entered into this 1334&_ day of vebroarv, , 1996, by and between the CFTY OF BANGOR (Penobscot County), State of Raine, a municipal corporation, hereinafter sometimes referred to as 'Employer", and Rodney G. NCKay of Bangor, State of Raine, hereinafter sometimes referred to as "Employee^. WHEREAS, the City of Bangor desires to employ the service of said Rodney G. NCEay as Director of Community and Economic Development 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 the mutual covenants herein contained, the parties agree as follows, Section ]. Duties Employer hereby agrees to employ said Rodney G. NCEay to perform the functions and duties of Director of Community and Economic Development 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 Raine, 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 at the pleasure of the City of Bangor. Section 2. Term A. Employee agrees to remain in the exclusive employ of Employer until February 13, 1997, and neither to accept other employment nor to become employed by any other employer so long as this Agreement shall be in effect. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the employee to resign at 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 Agreement shall prevent, limit, or otherwise interfere with the right of the City manager to terminate the services of employee at any time upon sixty (60) days notice to Employee subject only to the provisions set forth in Section 3 of this Agreement. 96-115 D. In the event written notice is not given by either party to this Agreement to the other sixty (60) days prior to February 13, 1997 , this Agreement shall be extended on the same terms and conditions providing for an additional term of one (1) year. Said Agreement shall continue thereafter for one year periods unless either party hereto gives sixty (60) days written notice to the other party that the party does not wish to extend this Agreement for an additional one (1) year term. nan'on ana In the event Employee is terminated by the City manager during or at the expiration of the aforesaid term of employment, or during any extension thereof, and during such time that Employee is willing and able to pattern his duties under this Agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to two (2) months' aggregate salary; provided, however, that in the event Employee is terminated because of his conviction of any illegal act involving personal gain to his, than, in that event, Employer shall have n obligation to pay the aggregate severance sum designated in this paragraph. Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of Fifty-five thousand, six hundred fifty-three dollars ($55,653), payable in installments at the same time as other employees of the Employer are paid. A. On an annual basis, the City Manager and Employee shall define such goals and performance objectives as they deem necessary for the proper operation of the Director of Community and Economic Development's Office and shall reduce said goals and objectives to writing. They shall generally be attainable within the time limitations specified and the annual operating and capital budgets and appropriations provided. E. The City manager shall review and evaluate the performance of the employee annually on or about the 0mployee's anniversary date as Director of Comannity and Economic Development. More frequent reviews may be held at the discretion 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 to 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. 96-115 D. employee agrees and understands that the terms of his employment as Director of Cwmmnity and economic Development shall be subject to the City's Personnel Rules and regulations as they currently exist and as they may be modified from time to time except where provisions of this Agreement modify or supersede the Personnel Rules and Regulations. Employee shall not participate In any non -employer connected business or employment without the prior approval of the City Manager. Such approval shall not be unreasonably withheld as long as the employment in question does not conflict with employee's duties and responsibilities as Director of Comusunity and economic Development. Section 7. Vacation and Sick Leave Employee shall have credited to his personal account, sick leave at the same rate as other employees of employer. employee shall have credited to his personal account vacation leave at the save s rate a other employees of the employer.Vacation leave may be taken by the employee at any time so long as his absence does not unreasonably interfere with the operations of the City and such leave is approved in advance by the City Manager. Section 8. Fringe Benefits employer agrees to provide Employee with all categories of fringe benefits in the same amounts and coverages as are provided from time to time by Employer to other employees of the City of Bangor. Section 9. Automobile In addition to the base salary, Employer shall pay to Employee the sum of One Hundred ($100.00) Dollars per month as a car allowance. Employee shall be responsible for paying for liability, property damage and comprehensive i and for the purchase, operation, maintenance and repair of his vehicle. Employer shall defend, save harmless and indemnify employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as Director of Community and EcoarsIc Development. Employer will compromise and settle any such claim or suit and pay the amount of any settlement or judgement rendered thereon. 96-115 Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 12, Other Tezmmi &W Condxtiana oY Emnlavmeat The City Manager, inconsultation with the employee, shall fix any such other terms Endconditions of employment, as may be determined from time to time,relating to the performance of Employee, provided such termEnd conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Charter or any other law. Employee agrees to continue to maintain his primary residence in Bangor, Maine for the term of his employment. f.rzssrr»:ff,QiRSFi Notices pursuant 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 Bangor, ME 04401 Attn: City Manager (2) Employee: Rodney G. McKay 205 Broadway Bangor, ME 04401 Alternatively, notices required pursuant to this Agreement may be personally served in the same sanner as is prescribed for personal services of process under the Mine Rules of Civil Procedure. Notice shall be deemed given as of the date of Personal service or as of the date of deposit of such written notice in the course of transmission in the united States Postal Service. A. The text 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 executors of Employee. C. This Agreement shall become effective commencing February 13, 1996. D. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or 96-115 unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain In full force and effect. IN WITNESS WHEREOF, the City of Bangor has caused this Agreement to be signal and executed 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 duplicate, the day and year first above written. BANGOR CITY COUNCIL By: ATTEST: Edward A. Barrett City Manager Director of Comity and Economic Development (Seal) City Solicitor Rodney G. NCEay