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HomeMy WebLinkAbout2021-10-25 21-381 OrderCITY COUNCIL ACTION Council Meeting Date: Item No: Responsible Dept: Requested Action: Summary Committee Action Meeting Date: For: Against: City Manager City Solicitor Finance Director Map/Lot: Introduced for: Order Committee: Action: Staff Comments & Approvals Date: Item No: Assigned to Councilor: 21-381 OCTOBER 25, 2021 EMPLOYMENT CONTRACT THIS Agreement, made and entered into this day of 2021, by and between the CITY OF BANGOR (Penobscot County), State of Maine, a municipal corporation, hereinafter sometimes referred to as 'Employer", and David Szewczyk of Bangor State of Maine, hereinafter sometimes referred to as " Employee." WITNESSETH: WHEREAS, the City of Bangor desires to employ the services of said David Szewczyk 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 David Szewczyk 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 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 the Employer until December 31, 2022 and neither to accept other employment nor to become employed by any other employer so long as Employee's employment has not been terminated by either party. 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 sixty (60) 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 to immediately terminate the services of Employee at any time, 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 December 31, 2021, this Agreement shall be extended on the same terms and conditions providing for an additional term of one (1) year. Said Agreement shall continue for successive 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. 21-381 OCTOBER 25, 2021 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 three (3) months' aggregate salary. Employee shall vacate his position with Employer immediately upon notice of termination, provided that the Employee and Employer may negotiate an alternate date that Employee vacates his 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 his 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. Salaa A. Employer agrees to pay Employee for his services rendered pursuant tothe Executive pay schedule (Executive Pay Grade 2, Step 11) of the City of Bangor with an initial annual base salary of one hundred twenty-one thousand four hundred twenty-six dollars and fifty cents ($121,426.50), payable in installments at the same time as other employees of the Employer are paid. During the transitional period not to exceed one (1) year from date of employment, the Employee shall be paid a prorated amount based on hours worked for the City of Bangor but entitled to full compensation package as otherwise outlined in this agreement. B. Employer agrees to handle future 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 Council and Employee shall define such goals and performance 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 within the time limitations specified and the annual operating and capital budgets and appropriations provided. B. The City Council shall review and evaluate the performance of the Employee annually on or about the Employee's date of hire as City Solicitor with the City. 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. A work plan for the first year will be developed outlining the above referenced goals and objectives. C. hi effecting the provisions of this Section, the City Council and Employee mutually agree to abide by the provisions of applicable law. D. Employee agrees and understands that the term of his employment as City 21-381 OCTOBER 25, 2021 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 It is understood between both parties that the Employee will need to phase out his private practice through a transitional period not to exceed one (1) year from the beginning of employment with the City of Bangor. It is also understood that it may be necessary for Employee to retain a small number of cases that are currently pending beyond the one-year period, as long as the representation does not conflict with Employee's duties and obligations as a full-time City Solicitor. The Employee shall not use City facilities in representing or assisting private clients, and such representations shall be conducted on Employee's own time. The Employee may continue to represent parties on a consulting basis beyond the one-year period in matters not affecting the City's interests, and not involving land titles or property interests within the City of Bangor. Any such representation shall be conducted on the Employee's own time, and the Employee shall not use City facilities in representing any such private clients. In the event such private representations shall conflict in any manner with the Employee's duties or responsibilities as City Solicitor, as determined by the Employee or the City Council, the Employee shall take immediate steps to terminate the private representations. Section 7. Residency Employee currently resides within the corporate limits of the City of Bangor and agrees to maintain residence within the City of Bangor for the term of his employment as City Solicitor. Section 8. Fringe Benefits A. 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 total contribution of 10% distributed amongst the ICMA-R C 401A Defined Contribution Plan and ICMA-RC 457 Deferred Compensation Program. B. Employer agrees to allow the Employee to accumulate four (4) weeks of vacation upon hire. C. 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 cost of such license. D. Employer agrees to pay or reimburse for 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 Employer's governing body. Section 9. Indemnification Employer shall defend, save harmless and indemnify Employee against any tort, professional 21-381 OCTOBER 25, 2021 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 City Solicitor. Employer will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Section 10, Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 11. Other Terms and Conditions of Employment The City Council, in consultation with the Employee, shall fix any such other terms and conditions of employment, as may be determined 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 12. 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: Employer: City of Bangor 73 Harlow Street Bangor, Maine 04401 Attn: City Council Employee: David Szewczyk 124 Saratoga Avenue Bangor, ME 04401 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 13, 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 November 8, 2021 or when Employee assumes the position as City Solicitor, whichever shall occur first. D. If any provision, or any portion thereof, contained in this Agreement is held 21-381 OCTOBER 25, 2021 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 Council, and duly attested by its City Clerk, and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. CITY OF BANGOR Daniel Tremble Council Chair David Szewczyk ATTEST: City Clerk (Seal) APPROVED AS TO FORM: City Solicitor IN CITY COUNCIL OCTOBER 25,2021 CO 21-381 Motion made and seconded for Passage Passed J CITY ftERK