HomeMy WebLinkAbout1992-10-14 92-474 ORDERDate 10-14-92 coon item No. 92-474'
Item/Subject: CREMRsaAppaoovalof SbanpElloy�st (bntxact with City Solicimr
Responsible Department uty Camrfl -
Commentary:
09e attest i dxuoaR aen.nm^.ts tM Ht@loytaent Contract; Latrsare tfia City of
Banipor and Erik M. Stwgfel, its City Solicit. Mas Agreement ]s fn tie erne
fonoat mid cmrcaixe similar prwfstaa regarding benefits, arditione of
crployawrat anal wrkvg o tiosa as the City's other Employment Agcearasts
with its various Department Disoatars.
The Arganaermant las lseranmutes i by Osuncilor Stae wM wee Causil CFair at
tie time of Mr. Stuns Eel's appoinmmst, the City M---9er mid SLwpfel.
As tie City Cauril is tFe appointing body with regard to this position, it
fa appropriate for the Cauail as a whole to ratify this Ozrc ut.
DeFanr ,)told
Manager's Comments:
ca vv
Associated Information:
Danger, gapicyneent Casts-:
Budget Approval:
011,11c Dim
Legal Approval:
City Salivim, _
Introduced For
ef❑❑First Reading page —of
0
Referral
92-4]4
Aoippd to Councior Stove, Oc[ober 14, 1992
a, CITY OF BANGOR
(TITLE)�x�¢Y,,.....appm�-iii-®m�.�y ,a cbnaacc. becHeen-at, Ecelic;.mr.scik. x...
Shmgtfel arid the aty of Bangor
By tU Qq Coxaeil of LU IXty ofBaa .
ORDERMt -
THAT tle C}aiz•.of rte aty (knmcil is here y autlnri aM
dixectetl to oscura tot mplcyv �acb with Erik M. SLmPf, .lr aty
Solicitor. -
In City Council October 19,1992
Passsseft (a
City _Ole`rk I�
92-a]a
ORDER
Title,
mn ovint Euployment Contract between
Caty Socilcitor Erik M stuntcfel and Me'
................... 4...................
City of Enactor
.........................................
~i
- �A miigmal to
Councilman
92-474
J 1eM •�4a
TRIS Agreement, made and entered into this day of
October, 1992, by and between the CITY OF BANGOR (Penobscot
County), State of Maine, a municipal corporation, hereinafter
sometimes referred to as "Employer", and ERIK M. STUMPFM of
Sangerville, State of Sales, hereinafter sometimes referred to as
••Employee^.
WITNESSETH,
WHEREAS, the City of Bangor desires to employ the Services
of said Erik M. Stumpfel as City Solicitor 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 1. Duties
Employer hereby agrees to employ said Erik M. Stumpfel to
perform the functions and duties of City Solicitor 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 Council of the City of
Bangor shall from time to time assign. Subject to the provisions
contained herein, Employee shall serve at the pleasure of the City
Council of the City of Bangor.
Section 2. Term
A. Subject to the provisions of Section 6 of this
Agreement, Employee agrees to remain in the exclusive employ of
Employer until March 1, 1993, 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 Council of the City
of Bangor to terminate the services of Employee at any time, upon
thirty (30) days notice to Employee, subject only to the provisions
set forth in Section 3 of this Agreement.
D. In the event written notice is not given by either
party to this Agreement to the other thirty (30) days prior to
March 9, 1993, 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 thirty (30) days written notice to
the other party that the party does not wish to extend this
Agreement for an additional one (1) year term.
Section 3. Termination and Severance Pay
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 his duties under this Agreement, then
in that event Employer agrees to pay Employee a lump sum cash
payment equal to one (I) months' aggregate salary; provided,
however, that in the event Employee is terminated because of his
conviction of any illegal act involving personal gain to him, than,
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 his services
rendered pursuant hereto an annual base salary of Forty -Five
Thousand Dollars ($45,000.00), payable in installments at the same
time as other employees of the Employer are paid.
D. During any extension or renewal of this Agreement, and
subject to renegotiation by the parties at the time of such
extension or renewal, the Employee shall be compensated in the
appropriate step of pay level E2 of the Employer's Executive Level
pay plan. it is understand and agreed That the salary level
specified for the initial term of this Agreement represents a
voluntary relinquishment by the Employee of a portion of the salary
currently authorised by the Employer for the position of City
Solicitor,
C. Salary increases during any extension or renewal of
this Agreement shall be handled in the same fashion as salary
increases for other Executive Level employees.
Section 5 Performance Evaluation
A. On an annual basis, the City Council and Employee shall
define goals and perfomsance objectives which they deem necessary
for the proper operation of the Legal Department and shall reduce
said goals and objectives to writing. They shall generally be
attainable with the time limitations specified and the annual
operating and capital budgets and appropriations provided.
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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 as its City
Solicitor. 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. S,sployee agrees and understands that the terms of his
employment as City Solicitor 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. Outside Activities
During the term of this Agreement or any extensions or
renewals hereof, the employee shall not maintain a private legal
practice. The Employee may, however, represent private parties on
a consulting basis in matters not affecting the City's interests,
and not involving residents, land titles or property interests
within the City of Bangor. Any such representation shall be
conducted on the Rmployea's own time. Rmployee shall notify the
Chair of the City Council of any such activities. The Employee
shall not use City facilities in representing or assisting private
clients. In the event any such private representation shall
conflict in any manner with the Employee's duties or responsi-
bilities as City Solicitor, as determined by the Employee or the
City Council, the Employee shall take immediate steps to terminate
the private representation.
Section J. Relocation Expenses
The employee may be required by the Employer to establish
and maintain a residence in the City of Bangor. If the Employer
shall require the Employee to establish such a residence, the
Employer shall reimburse the Employee, or pay directly, all of the
Employee's direct relocation expenses, including not more than two
months' mortgage or rent and any rental deposits, if required.
Such reimbursement shall not exceed the lesser of Employee's actual
coats or Twenty-five Hundred Dollars ($2,500.00).
Section 8. Fringe Benefits
Employer agrees to provide Employee with all categories of
fringe benefits in the same amounts and coveragessa 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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Section 9. Retirement
In addition to the salary to be paid by Employer to
Employee, Employer agrees to pay into the ICMA-RC 5 401 retireent
program an amount equal to 10% of the Employee's annual salary in
consideration of Employee's withdrawing from participation in the
Maine State Retirement System.
Section 10. Indemnification
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 a
alleged act or omission occurring in the performance of Employee's
duties as City Solicitor. employer will compromise and settle any
such claim or suit and pay the amount of any settlement or judgment
rendered thereon.
Section 11. Sardine
Employer shall bear the full cost of any fidelity or other
bonds required of the Employee under any law or ordinance.
Section 12. Professional Licenses and Memberships
It is a condition of Employee's employment that he shall
maintain a current license to practice law in all State and Federal
Courts in the State of Maine. The employer agrees to pay or
reimburse the full annual cost of such licenses, and of Employee's
membership in the Penobscot County and Maine State Bar
Associations, together with the coat, not to exceed $300.00
annually, of such additional professional memberships as may be
necessary or useful to the Employee in performing his duties as
City Solicitor.
Section 13. Assistants
The Employee shall be responsible to interview, select and
supervise any assistants, secretaries, outside counsel or paralegal
staff authorised by the City Council. Upon ratification of this
Agreement by the City Council, and subject to approval by the City
Council Finance Committee, the Employee shall be authorized to fill
any funded personnel vacancy now existing in the City's Legal
Department.
Section 14. working Conditions
The parties acknowledge that Employee's duties require
frequent attendance at after-hours meetings. It is therefore
agreed that Employee shall not be required to report for work on
the day following such meetings until twelve hours have expired
from the end of such meeting. For example, should a meeting and at
10:00 p.m., Employee will not be required to report to work until
10:00 a.m. the following day. In addition, employee may request
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the Chair of the City Council to authorize Employee to take time
off at a later date as compensation for extra hours worked.
Section 15. Other Terme and Conditions of amolovment
The City Manager, in consultation with the Employee, shall
fix any such other terms and conditions of employment, as it may
determine 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.
Section 16. Notices
Notices pursuant to this Agreement Shall be given by
deposit in the custody of the United States Postal Service, postage
prepaid, addressed as followa:
(1) Employer: City of Bangor
73 Ratios, Street
Bangor, ME 04401
Attention: City Manager
(2) employee: Erik R. Stumpfel
P. O. Box 220
Sangerville, ME 04479
Alternatively, notices required pursuant to this Agreement
My 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 ras of the date of deposit of such written notice in the
course of transmission in the United States Postal Service.
Section 17. General Provisions
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 March
9, 1992 or when Employee Maumee the position of City Solicitor,
whichever shall occur first.
B. if any provision, or any portion thereof, contained in
this Agreement is held unconstitutional, invalid or 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.
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Section 19 Ratification Reantred
This Agreement shall be deemed binding as against the
Employer upon execution by the Employer's City Manager and
ratification by the Bangor City Council.
IN WITNESS WHEREOF, the City of Bangor has caused this
Agreement to be signed and executed in its behalf by its Council
Chairman, and approved as to form by its City Manager, and the
Employee has signed and executed this Agreement, both in duplicate,
the day and year first above written.
APPROVED:
Edward A. Barrett
City Manager
M
BANGOR CITY COUNCIL
By:
William M. Cohen
Council Chairman
Erik M. Stumpfel