HomeMy WebLinkAbout2022-05-09 22-183 ResolveCITY COUNCIL ACTION
Council Meeting Date:
Item No:
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Summary
Committee Action
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For: Against:
City Manager City Solicitor Finance Director
Map/Lot:
Introduced for:
Order
Committee:
Action:
Staff Comments & Approvals
Date:
Item No:
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22-183
MAY 9, 2022
EMPLOYMENT CONTRACT
THIS Agreement, made and entered into this ________day of _____________ 2022, by
and between the CITY OF BANGOR (Penobscot County), State of Maine, a municipal
corporation, hereinafter sometimes referred to as 'Employer", and David Little, of Newburgh,
State of Maine, hereinafter sometimes referred to as " Employee."
WITNESSETH:
WHEREAS, the City of Bangor desires to employ the services of said David Little as Finance
Director/Treasurer 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 Little to perform the functions and duties of
Finance Director/Treasurer 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 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. Subject to the provisions of Section 6 of this Agreement, Employee agrees to remain in the
exclusive employ of the Employer until May 4, 2025 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 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 Manager 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 May 4, 2025, 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.
22-183
MAY 9, 2022
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. Salary
A. Employer agrees to pay Employee for his services rendered pursuant to the Executive
pay schedule (Executive Pay Grade 2, Step3) of the City of Bangor with an initial
annual base salary of insert amount ($99,645), payable in installments at the same time
as other employees of the Employer are paid.
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 Manager and Employee shall define such goals and
performance objectives which they deem necessary for the proper operation of City
Departments 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 Manager shall review and evaluate the performance of the Employee
annually on or about the Employee's date of hire as Finance Director with the City.
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 may 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.
D. Employee agrees and understands that the term of his employment as Finance
Director 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.
22-183
MAY 9, 2022
Section 6. 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 7. Fringe Benefits
A. Employee shall accrue vacation at the rate provided in the City of Bangor Personnel Rules
and Regulations and shall keep any currently accrued time as a result of current
employment.
B. 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.
C. 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.
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 City
Solicitor. 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 10. 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 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 11. 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 Manager
22-183
MAY 9, 2022
Employee: David Little
446 North Road
Newburgh, ME 04444
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 May 2, 2022 or when
Employee assumes the position as Finance Director, whichever shall occur first.
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 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
__________________________
Deborah Laurie
City Manager
___________________________
David Little
ATTEST:
___________________
City Clerk (Seal)
MAY 9, 2022
CO 22-183
Motion made and seconded for Passage of the Consent Agenda
Vote: 7 – 0
Councilors Voting Yes: Davitt, Okafor, Schaefer, Sprague, Tremble, Yacoubagha, Fournier
Passed
CITY CLERK