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^.. .. ,
....................................
.....
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- � �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.
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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