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.
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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.
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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.
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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.
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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.
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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
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CITY CLERK