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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. -2- 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. -3- 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 -4- 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. -5- 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