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