HomeMy WebLinkAbout2021-04-12 21-136 ResolveCITY COUNCIL ACTION 04/12/2021 21-136
Council Meeting Date: 04/12/2021
Item No: 21-136
Responsible Dept: Choose
Requested Action: Resolve Map/Lot: N/A
Title, Resolve
Ratifying the Selection of and an Employment Agreement with Courtney O'Donnell for Assistant City Manager
Summary
This order will ratify execution of an employment agreement with Courtney O'Donnell to serve as the
Assistant City Manager. The Assistant City Manager is responsible for a number of activities
including the Community Connector, Human Resources, Risk Management, 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. Courtney has previously served as the Town
Manager of Stockton Springs ME, Casco ME, and as the Administrative Assistant in the Bangor City
Manager's Office. Courtney holds a Bachelor's degree in Public Administration from the University of
Maine and a Master's Degree in Business Administration from Husson University.
Committee Action
Committee:
Action: Recommend for passage
Staff Comments & Approvals
CIAM�,J,
City Manager
Introduced for: Consent
Meeting Date:
For: Against:
City Solicitor
�4W_A-9
Finance Director
CITY OF BANGOR RESOLVE
Date: 04/ 12/2021
Item No: 21-136
Assigned to Councilor: Schaefer
04/12/2021 21-136
Ratifying the Selection of and an Employment Agreement with Courtney O'Donnell for Assistant City Manager
Be it Resolved by the City Council of the City of Bangor that,
The Council hereby ratifies an employment contract for Courtney O'Donnell for the position of Assistant City
Manager.
EMPLOYMENT CONTRACT
�+IN
THIS Agreement, made; and entered into this (lay of April 2021, by and between
the CITY OFANGOR (PCIIOIISCOt COUlIty), State of Maine, a Municipal corporation,
hereinafter sometimes referred to as'Ernployer", an(] Courtney O'Donnell, of Hampden, State of
Maine, liereiiiaf`tei!-,,4()IIICtirl)eS 176CITC(l to as "Employee."
WITNESSEITI:
WH EREAS, the City of Bangor desires to employ the services of said Courtney O'Donnell ill tile
position of Assistant City Manager / Director Of FlUnian Resources of the City of Bangor; and
WFIEREAS, the parties have reached agreement as to the; benefits, conditions ofeniployllient,
and working conditions of's,aid Einployce;
NOW, -11 J-11FREFORE, in consideration Of tile Mutual covenants herein contained, the parties
agree as 1`611ows:
Section .-L -Duties
En-ipfoyer hereby agrees to CITIPIOY said Courtney O'Donnell to pert-brin the functions and
duties of Assistant City Manager / Director off-funian Resources of the City of Bangor as
speci tied 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 ,hall from time to
time assign. Sutlicct to the provisions contained herein, Employee shall serve at tile pleasure of
the City Manager ofthe City of Bangor.
Section 2. Terrn
A. Sul�jeet to the provisions of Section 6 ofthis Agreei-nent, finiployce agrees to reniaill in
the exclusive employ of Employer until April 5, 2023 and neither to accept other
employment not. to become employed by any other erriploycr so long as E rnployee's, employment
has not been terminated by either party.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right or tile
Employee to resign at any time froni his position with Employer, upon sixty (60) days' notice to
Employer, sul�ject only to the: provisions set forth in Section 3 ofthis Agreement.
C. Nothing in this Agreement shall prevent, limit or otherwise interi'ere with the right ofthe
City Manager to immediately terminate the services ofErnployce at any tirne, sul�jeet only to the
provisions set forth in Section 3 ofthis Agreement.
1). In the event written notice is not given by cither party to this Agreement to the other
thirty (30) days prior to April 5, 2023, this Agreement shall be extended on the same terms and
conditions providing for an additional lean of one (1) year. Said Agreenient shall continue for
successive one (1) year periods unless cither party hereto gives thirty (30) days' Nvrltten notice to
the other party that the party does not wish to extend this Agreement fior an additional one (I
year term,
Section 3. Termination mid Severance.Pay
Ili the event Employee is terminated by tile City during or at the expiration ofthc
aforesaid tern of employnient, or during any extension thereof' and (Wring such tillie that
Employee is willing and able to pertbrm Dais dUtiCS undcr this Agrcei-ricnt, then in that event,
I'mployer agrees to pay EniployCC as ILIIIIP SUrn cash payment C(ILIal to three (3) months'
aggregate salary. [I'mployce shall vacate his, position with Employer immediately upon notice of
termination, provided that the Employee and Employer niay negotiate ail alternate (late that
Filiployce vacates his position with Employer. In the event L'I'mployce is terminated because of'
willful misconduct or intentional wrongdoing related to his employrnent with Employer, or
because of his conviction of any illegal aaet involving personal gain to him, then. Employcr shall
have no obligation to pay the aggregate severance SUrn designated in this paragraph or to
C01"Itil-We Enil-floyer provided benefits, except to tile extent that SLICII benefits are I-CClUircc] by law
or the Personnel RuIcs and Regulations of the City ofBangor.
Section 4. Sal,
A Employer agrees to pay Employee R)r services rendered IRII-SUallt to the Executive pay
schedule (Executive Pay Grade 2, Step 3) ofthe City of Bangor with an initial annual base salary
of ninety-six thousand Seven hundred thirty nine dollars ($96,739), payable in Installments at the
same time as other employees orthe Eniployer are paid,
B. I'mployer agrees to handle future salary increases beyond that Outlined in A above in the
sarne fashion as salary increases are handled for other Executive Level EIIIII)IOYUS.
Section 5. Performance Evaluation
. . ............. . . . . .... . . . .......... -...
A. Oil ail annual basis, the City Manager and Eniployce shall define such goals and
perfortliance objective:; which they deem necessary Im the proper operation of the City
Departments and shall reduce said goals and objectives to writing. They shall generally be
attainable within the time Innitations specified and the annual operating and capital budgets and
appropriations provided,
B. The City Manager sliall review and CVaIUatC tile perf"61-1-nalice of tile Employee annually
oil or about the Employee's date of'hire. Said review beard 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 pertbrinance of other City employees whichare
applicable to E'Aillfloyce's position. A work plan for the first year will be developed OUtlinilig the
above referenced goals and objectives,
C, . In effecting tile provisions ol"this Section, the City Manager and Employee mutually
agree to abide by the provisions of applicable law.
D. Employee agrees and understands that the term. of her employment as Assistant City
Manager / Director of Human ReSOUrCeS shall be subject to the Cavity'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 RCgUlations.
Section 6. Outside Activities
........... . ....
Employee shall not participate in any non -Employer connected business or cniployment without
prior notification to and the approval of the: City Manager,
Section 7, 1, HnLw Benefit,,,
A. Employer agrees to provide Employee with all categories of Fringe benefits in the sarne
amounts and coverages as are provided from time to time by employer to other
employees of the City ofBangor at the ExCCLI.tiVC level.
B. E"niployer agrees to allow the employee to accumulate four (4) weeks ofvacation upon
hire, The employee will be receive one (1) of those four (4) weeks in their annual leave
bank immediately ul)(:In hire.
C, Employer agrees to provide a contribution total off 0% to the employee's retirement. Of'
that 10%, the required amount for the 401 a defined contribution plan will be distributed
(currently 8.51NO) and the remaining will be distributed to a 457 retirement account.
D. Employer agrees to pay or reimburse flor professional development, education, and
training expenses that are related in scope of position, to the extent that Such costs are
budgeted and approved by the E",'niployer's governing body.
Section S. Indemnification
Employer shall del -end, save harmless and indemnify Ernployee 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 ol"Em.ployec's duties as Assistant City
Manager / Director of 1-1 Liman Resources. Employer will compromise and settle, any such claim
or suit and pay the an'101.1111. Of'any settlement oriudgment rendered thereon.
Section 9. j.3ondfil J;;"
Employer shall bear the full cost ofany fidelity or other bonds required of the Employee under
any law or ordinance.
Section I OOther Ternia s nd Conditionof
s '..E I
.............. ............... .......... ...... . . ........... . ....................... ................. ....... 11
The City Manager, In consultation with the Employee, shall fix any such other terms and
conditions ofemployment, as may be determined from time to tune, relating to the performance
of the Eniployee, provided such terms annrl conditions are not inconsistent with or in conflict with
the provisions of this Agreenient, the Charter or any other law,
Sectiot'i 11. Notices
Notices J)Ursuant to this Agreement shall be given by deposit in the custody ofthe United States
Postal Service,, postage prepaid, addressed as follows:
I , ^,rnpjoycr: City ofBangor
73 Harlow Street Bangor, Maine 04401
Attn: City ("..ouncil
(2) Employee:
Courtney O'Donnell
1027 Carmel Rd. N
11,arnp(len, Manic 04444
Alternately, notices requircd pursuant to this Agreement may be personally served in the sarne
manner as is prescribed Im personal service Of process Under the Maine Rules of (,.,ivil
ProccdUrc, Notice shall be deemed given as ofthe date of personal service or as ofthe date of
dCj,)OSit Of SUCII written notice in the Course OftrklnSrukSion in the L)nited States Postal Service.
Section 12. General Provisions
A, The text herein shall Constitute the entire Agreement between the parties.
13, This Agreement shall be binding ul)on and nuffe to the benefitof the heirs at law and
exeCUtOrS ofErnployee.
C, This Agreenient shall become effective commencing April 5, 2021 or when Employee
,ISSUnics the position as Assistant City Manager / Director OfliUrnan Resources, whichever shall
OCCUr first.
1). If any provision,, or any portion flicreof, contained in this Agreement is held
Unconstitutional, invalid, Or Unenforceable, the remainder ofthis Agreement, or portion thereof,
shall be deemed severable, shall not be affected ,in(] shall remain in 11611 force and effect.
IN WFFN ESS WHEREOF, The City of Bangor has caused this Agreernent to be signed and
executed in its behalf by its City Council, an(] duly attested by its City Clerk, and the Employee
Naas signed and executed this Agrecinent, both in duplicate, the day and year first above written,
CITY OF BANGOR
......
Catherine Conlow
City Manager
.3
COUrthey O'Donnell
A1714ct)"'I:
APPROVED ASTO 1"'ORM:
City Solicitor
IN CITY COUNCIL
APRIL 12,2021
CR 21-136
Motion made and seconded for Passage of Consent Agenda
Vote: 9—0
Councilors Voting Yes: Davitt,Dubay,Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague,Tremble
Councilors Voting No: None
Passed
CI Y CLE