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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. 96-116 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. 96-116 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