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HomeMy WebLinkAbout2018-08-13 18-313 Resolve 08/13/201818-313 08/13/2018 18-313 City Manager Resolve N/A Title, Resolve Ratifying the City Manager's Appointment of Richard Cromwell as Assistant City Manager This order will ratify execution of an employment agreement with Richard Cromwell to serve as the Assistant City Manager. The Assistant City Manager is responsible for a number of activities including the Community Connector, Human Resources, Central Services and assisting the City Manager on a variety of programs and projects. Additionally, the Assistant City Manager serves as Acting Manager in the absence of the Manager. Rich has served the last two years as the Human Resources Officer for the City of Bangor where he as been responsible for personnel matters and contract negotiations. Between 2001 and 2016, Rich served in a number of human resources positions throughout New England, most recently serving as the Multi Store Human Resource Manager for Macy's in Bangor. Rich holds a Bachelor of Science Degree in Business Management from Westfield State College. The proposed contract will authorize a starting salary of $84,747, with a six month review, 3 weeks of vacation, and a 10% contribution to ICMA-RC. The term of the agreement is two years but shall be automatically extended for an additional 1 year unless either party gives notice 60 days prior to the expiration. Council Workshop Recommend for passage Consent 08/13/201818-313 CITY OF BANGOR RESOLVE 08/13/2018 18-313 Tremble Ratifying the City Manager's Appointment of Richard Cromwell as Assistant City Manager Be it Resolved by the City Council of the City of Bangor that, The contract for employment with Richard Cromwell is hereby ratified. 18-313 AUGUST 13, 2018 EMPLOYMENT CONTRACT THIS Agreement is made and entered into this 24th day of July 2018, by and between the CITY OF BANGOR (Penobscot County), State of Maine, a municipal corporation, hereinafter sometimes referred to as "Employer", and Richard Cromwell of Dexter, hereinafter sometimes referred to as "Employee." WITNESSETH: WHEREAS, the City of Bangor desires to employ the services of Richard Cromwell as Assistant City Manager 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 Richard Cromwell to perform the functions and duties of the Assistant City Manager for 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 Manager shall from time to time assign. Subject to the provisions contained herein. Employee shall serve at the pleasure of the City Manager. Section 2. Term A. Employee agrees to remain in the exclusive employ of the Employer until August 1, 2020, and neither to accept other employment nor to become employed by any other employer so long as this Agreement shall be in effect, except as provided in Section 6, below. 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 (3.0) 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 Manager to terminate the services of Employee at any time, upon thirty (3 0) 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 sixty (60) days prior to July 31, 2020 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 period 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. 18-313 AUGUST 13, 2018 Section 3. Termination and Severance Pay 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, 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 (2) months' aggregate salary. Employee shall vacate the position with Employer immediately upon notice of termination, provided that the Employee and Employer may negotiate an alternate date that Employee vacates the position with Employer. In the event Employee is terminated because of willful misconduct or intentional wrongdoing related to his employment with Employer, or because of a conviction of any illegal act involving personal gain to him, then Employer shall have no obligation to pay the aggregate severance sum designated in this paragraph or to continue Employer provided benefits, except to the extent that such benefits are required by law or the Personnel Rules and Regulations of the City of Bangor. Section 4. Salary A. Employer agrees to pay Employee for his services rendered pursuant to the Executive pay schedule of the City of Bangor with an initial annual base salary of ($84,747) eighty-four thousand, seven hundred and forty seven dollars ($84,747, Executive 2, Step 1), payable in installments at the same time as other employees of the Employer are paid. B. Employer agrees to a six-month evaluation at which time the Employee is eligible for pay step 2, pending the outcome of the evaluation. C. Employer agrees to handle fixture salary increases beyond that outlined in A above in the same fashion as salary increases are handled for other Executive Level Employees. Section 5. Performance Evaluation A. On an annual basis, the City Manager and Employee shall define such goals and performance objectives which they deem necessary for the Assistant City Manager and shall reduce said goals and objectives to writing. They shall generally be attainable with the time mutations specified and the annual operation and capital budgets and appropriations provided. B. The City Manager shall review and evaluate the performance of the Employee annually on or about the Employee's date of promotion to Assistant City Manager with the City. More frequent reviews may be held at the discretion of the City Manager. Said review and evaluation shall be in accordance with the goals and performance objectives jointly developed by the City Manager and Employee and the normal standards used to evaluate the performance of other City employees which are applicable to Employee's position. A work plan for the first year will be developed outlining the above referenced goals and objectives. C. In effecting the provisions of this Section, the City Manager and Employee mutually agree to abide by the provisions of applicable law. 18-313 AUGUST 13, 2018 D. Employee agrees and understands that the term of his employment as of Assistant City Manager 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 5. Outside Activities Employee shall not participate in any non -Employer connected business or employment without prior notification to and the approval of the City Manager. Section 6. Vacation and Sick Leave Upon commencement of this employment agreement, Employee shall retain any sick time and vacation time accrued to date. Thereafter, Employee will accrue vacation at a rate of 3 weeks per year. After that, Employee shall accrue vacation as provided in the City of Bangor Personnel Rules and Regulations. The Employee may take vacation leave at any time so long as the absence does not unreasonably interfere with the operations of the City and the City Manager approves such leave in advance. Section 7. Fringe Benefits The 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 at the Executive level. The Employer agrees to provide a contribution of 10% to the ICMA 401A plan and/or the ICMA 457 Plan, Section 8. 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 any alleged act or omission occurring in the performance of Employee's duties as Assistant City Manager. Employer will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Section 9. Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 1„0. Residency Employee currently resides outside the City of Bangor. Employee agrees that if he should move from the school district that currently serves Dexter Maine, he will move within the corporate limits of Bangor. 18-313 AUGUST 13, 2018 Section 11. Other Terms and Conditions of Employment 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 the 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 13. Notices Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) Employer: City of Bangor 73 Harlow Street Bangor, Maine 04401 Attn: City Manager (2) Employee: Richard Cromwell 153 Jennings Hill Road Dexter, Maine 04930 Alternately, notices required pursuant to this Agreement may be personally served in the same manner as is prescribed for personal service 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. Section 14. 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 July 30, 2018. D. 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. IN WITNESS WHEREOF, The City of Bangor has caused this Agreement to be signed and executed in its behalf by its City Manager and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. 18-313 AUGUST 13, 2018 CITY OF BANGOR Catherine—NY Conlow Citv ManaLer APPROVED AS TO ORM: i Cli S lcltor IN CITY COUNCIL AUGUST 13, 2018 CO 18-313 PASSED 4A..) g ar-a141.4:4") CITY CLERK