HomeMy WebLinkAbout1996-02-12 96-116 ORDERCOUNCIL ACTION
Item No. 96-116
Date 2/12/96
Item/Subject Order, Appointing Gail E. Campbell to the Position of City
Clerk of the City of Bangor and Authorizing the City
Manager to Execute an Employment Agreement
Responsible Department: City Council
Commentary: A sub -committee of Council members appointed by the Council
Chair has concluded interviews with internal candidates for the position
of City Clerk. Based on their analysis, the sub -committee has recam:ended
to the full Council that Gail B. Campbell, our ent Deputy City Clerk
and Acting City Clerk, be appointed to the position of City Clerk.
The attached order will make this appointment and also authorize the City
Manager, on be[:alE of the City of Bangor, to execute an employment
agreement with Gail Campbell.
Edward A. Barrett
City Manager
Manager's Comments:
s
city Manage=
Associated Information:
Order, Employment Contract
Finance Director
Legal Approval:
C'Cv solicitor
Int rody Por V
eassage
First Reading
Referral to Page _ of
96-116
Moprtdfo CoweBor Tyler February 12, 1996
_ CITY OF BANGOR
/p ,appointing Gail. B. Campbell to the Position of City
(TITLE.) (0i7:Tr,,fA"'o£the tlity"'dfBangor and "Authorizing the city
Manager to Execute an mm lloyment Agreement
BE as cum Couma Of Me My Of Deem
ORDERED,
TAT Gail M. Campbell is hereby appointed to the
Position of City Clerk of the City of Bangor in aCCOrdamoe with the terms
and conditions of the attached Employment agreement. The City Manager is
hereby authorized, on behalf of the City of Bangor, to execute this
employment agreement.
IN-CIT4 COUNCIL' 96-116( 1
iPebbua"A2, 1996-
Nok13n'toAnand by
Changing the vurd "positoa"
td "Positions"fiend by adding :Title, Appointing Call E. Campbell to fie
the vdrds "alid$egistrar" _ 'Position of City Clerk of the City of Bangor
'After the word "clerk" 1n .the - "'and Authorizing the City Ma mer to Execute
Title and the Body of the in$mploymedi Agreement
Order
Moti6 "S onded ......... .1 ................
NhCion Passed
Order .Passed As Amended
Assigned to <.
CITY CLEM
"� (J ...Coo Gilman
96-116
THIS Agreement, made and entered into this 13th_ day of
February
, 1996, by and between the CITY OF BANGOR (Penobscot
County), State of Maine, a municipal corporation, hereinafter
sometimes referred to as "Employer", and Gail E. Campbell of
Bangor, State of Maine, hereinafter sometimes referred to as
"Employee"._
WHEREAS, the City of Bangor desires to employ the service of
said Gail E. Campbell as City Clerk 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:
Employer hereby agrees to employ said Gail E. Campbell to
perform the functions and duties of City Clerk 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 Councilshall' from
time to time assign. Subject to the provisions contained herein,
Employee shall serve at the pleasure of the City of Bangor.
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 her position with Employer, upon sixty (60) days
notice to Employer, subject only to the provisions set Porth in
Section 3 of this Agreement.
C. Nothing in this Agreement shall prevent, limit, or
otherwise interfere with the right of the City Council to
terminate the services of Employee at any time upon sixty (GO)
days notice to Employee subject only to the provisions set forth
in Section.3 of this Agreement. During the original term of this
96-116
agreement only, such notice shall include a statement of the job
related misfeasance or other causes for such termination.
Employee may also be terminated upon sixty (60) days prior
written notice should the position of City Clerk be eliminated by
action of the Employer's governing body.
D. In the event written notice is not given by either party
to this Agreement to the other sixty (60) days prior to February
1, 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 (1) 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.
In the event Employee is terminated by the City Council
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 perform her 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 her conviction of any illegal act involving personal
gain to her, then, in that event, Employer shall have no
obligation to pay the aggregate severance sum designated in this
paragraph.
A. Employer agrees to pay Employee for her services
rendered pursuant hereto an annual base salary of Thirty-six
thousand, six hundred fourteen dollars ($36,614), payable in
installments at 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 increases are handled for other Executive
Level Employees.
fa�S�1-]�II�]p''TT?l�IS=51R'I3}1:1
A. On an actual basis, the City Council and Employee shall
define such goals and performance objectives as they deem
necessary for the proper operation of the City Clerk'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.
96-116
B. The City Council shall review and evaluate the
performance of the employee annually on or about the Employee's
anniversary date of employment with the City. More frequent
reviews may be held at the discretion of the City Council. Said
review and evaluation shall be in accordance with the goals and
performance objectives jointly developed by the City Council 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
Council and Employee mutually agree to abide by the provisions of
applicable law.
D. Employee agrees and understands that the terms of her
employment as City Clerk 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
Council. Such approval shall not be unreasonably withheld as
long as the employment in question does not conflict with
Employee's duties and responsibilities as City Clerk.
Employee shall have credited to her personal account, sick
leave at the same rate as other employees of Employer. Employee
shall have credited to her personal account vacation leave at the
same rate. as other employees of the Employer.Vacation leave may
be taken by the Employee at any time so long as her absence does
not unreasonably interfere with the operations of the City and
such leave is approved in advance by the Chair of the City
Council.
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 except as noted elsewhere in this Agreement.
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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 City Clerk. Employer will compromise and
settle any such claim or suit and pay the amount of any
settlement or judgement rendered thereon.
Employer shall bear the full cost of any fidelity or other
bonds required of the Employee under any law or ordinance.
Section 11, Other Toms and Condlitims of Emolovment
The City Council, in consultation with the Employee, shall
fix any such other terms and conditions of employment, as may be
determined from time to time, relating to the performance of
Employee, provided such terms and 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
her primary residence in Bangor, Maine for the term of her
employment.
Notices pursuant to this Agreement shall be given by deposit
n 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: Gail E. Campbell
207 6th Street South
Bangor, ME 04401
Alternatively, notices required pursuant to this Agreement
may be personally served in the same manner as is prescribed for
personal services of process under the Maine 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.
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A. The text herein shall constitute the entire Agreement
between the parties.
B. This Agreement shall be binding upon end 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
enforceable, 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 signed 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:
City Clerk (Seal)
APPROVED AS TO FORM:
Edward A. Barrett
City Manager
City Solicitor
Gail E. Campbell
96-116