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HomeMy WebLinkAbout1996-02-12 96-117 ORDERCOUNCIL ACTION DATE: 02-12-1996 Item No. 96-117 Item/EubjecL Authorizing the City Manager to execute an Employment Agreement with Russell S. McKenna Responsible Department: City Council Over the last several months and in preparation for his retirement, Ruse McKenna has met with the City Council to discuss his willingness to continue on a part-time basis to assist in the City Clerk's office as our w City Clerk becomes fully responsible for the functions and duties of this office. The Council was receptive to this offer, and authorized the City Manager to negotiate an Employment Agreement with Russ McKenna along these lines. These discussions have now Leen completed, and the attached Order will authorize the City Manager to axRo cute an Employment Agreement with ss McKenna. Under this Agreement, Mr. McKenna will work an rage of 20 hours per week and will devote hie efforts to a variety of duties including functioning as a clerk to the Council and assisting i organizing and supervising elections. DEPARTMENT HEAD Manager's Comments: I would recommand that the City Council proceed with this Order. Ruse has developed a great deal of expertise over the years io every facet of the operation of the City Clerk's office. Working on a part-time basis under the supervision of our City Clerk, Russ will assist cur new clerk in the transition into this position sod continue to provide his expertise on a variety of the functions of the office -- in particular elections. CITY MANAGER Associated Information: order, Contract FINANCE DIREC OR Legal Approval: CITY soLICITOR kduced For assage First Reading Referral Page — of Amigned to Catnmdor Soucy February 12, 1996 _ CITY OF BANGOR Authorizing the City Manager to Execute an (TITLL) CTy...__....... .............. ...- Caployment Agreertsnt with Russell J. Mcftenne By eM City Cnysea of as Cita ofBysWe ORDERED.. THAT The City Matager is hereby authorized to execute an Employment Agreement with Russell J. McNeraa to provide part-time assistance to the City Clerk and to ensure continuity in the office of the City Clerk. - IN CITY CODNCIL 96-117 Peb�rr f2, 1996 0 RDE R Passed 'G Title,Authoxiting the City Manger to CITY CLERK _ :'Execute an Employment Agreement witT 'Rueeell J. McKenna .... l`�'^�`• K`N T to • U Cowcilman rP r 96-117 TRIS Agreement, made and entered into this day of 1996, by and between the CITY OF BANGOR (Penobscot County), State of Maine, a municipal corporation, hereinafter sometimes referred to a "Employer", and Russell J. McKenna, of Bangor, State of Mine, hereinafter sometimes referred to as "Employee". WHEREAS, the City of Bangor desires to employ the services of said Russell J. Rosanna as Clerk to the Council 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; NON, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows, Employer hereby agrees to employ said Russell J. Rosanna to perform the functions and duties of Clerk to the Council 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. The Clerk of the Council shall, under the general direction of the Bangor City Council and the specific supervision of the City Clerk, assist the City Clerk by performing some or all of the duties that follow: preparation of Council agendas; recording the minutes of Council meetings; transferring Council actions onto permanent records, indexing orders, ordinances, and resolves; updating the City Ordinance book with all ordinance changes; distributing all ordinance changes; updating the index and table of contents of the City Ordinance book; preparing subordinate committee openings list; meeting with Council Ccou ittees as needed to a ange interviews to fill subordinate committee openings; preparing advertising for committee openings; contacting all applicants for committee positions; scheduling interviews between applicants and Council Committees; and contacting appointees and arranging for swearing-in ceremonies; and assisting the City Clerk with all elections and other work as necessary. In addition, and only after formal designation by the 'City Council, the Clerk to the Council may act as Beputy City Clerk. Subject to the provisions contained herein, Employee shall serve at the pleasure of the City Clerk. Section 2. Team A. 'Employee agrees to remain in the exclusive employ of Employer until January 29, 1997. 96-111 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 a minimum of fourteen (14) day notice to Employer. C. Nothing in this Agreement shall prevent, limit o otherwise interfere with the right of the City Clerk or City Council to terminate the services of Employee at any time, upon fourteen (14) days =ties to Employee. D. Upon the mutual agreement of the Employer and employee, this Agreement may be extended on the same terms and conditions for an additional period of one (1) year. Section 3. Termination In the event Employee is terminated by the City during or at. the expiration of the aforesaid term of employment, or during any extension thereof, Employee agrees that the City shall not be liable for any severance pay or other compensation. A. Employer agrees to pay Employee at the rate of Twenty Dollars ($20.00) per hour. Employee agrees to work an average not to exceed twenty (20) hours per week during the term of his employment. The number of hours worked in any one week may exceed twenty (20); however, employee agrees to monitor and track Mors worked to ensure that the total hours worked average twenty (20) or less hours per week and no more than one thousand and forty (1,040) hours per year. Employee agrees and understands that the term of his employment as Clerk to the Council 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. Section 6. putside Activities Employee shall not participate in any non -Employer connected business or employment without the prior approval of the City Clerk. Section 1. Fringe Benefits Employee agrees that Employer shall not provide any direct contributions toward Employee's health insurance or retirement. Employee shall be considered a part-time employee and shall not be eligible for any other fringe benefits other than those 96-117 required by State or Federal Law. Section R. indemnification Employer shall defend, save harmless and indemnify Mployee against any tort, professional liability claim or demand orother legal action, whether groundless c otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as Clerk to the Council. Employer will omprosise and settle any such claim or suit and pay the amount of any settlement or judgement rendered thereon. Section 10 Bondina Enployer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Terme a The City Clerk, in consultation with the Ruployee and the City Council, shall fix any such other terse and conditions of eeployeent, as it may be determined from time to ties, 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. 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) Employert City of Bangor 73 Harlow Street Bangor, ME 04401 Attn: City Clerk (2) Mployee: Russell J. RcHelnla 91 Silver Road Bangor, ME 04401 Alternatively, notices required pursuant to this Agreeasent say be personally served in the sme wanner 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. A. The text herein shall constitute the entire Agreenent between the parties. 96-11) H. 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 January 29, 1996. D. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid, o 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 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. ATTEST: City Clerk (Seal) APPROVED AS TO FORM: City Solicitor BANGOR CITY COUNCIL 1ty: Edward A. Barrett City Manager Russell J. Mc%ensa