HomeMy WebLinkAbout2025-05-12 25-161 OrderCITY COUNCIL ACTION
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25-161 05/12/2025
EMPLOYMENT CONTRACT
THIS Agreement made and entered into this 9 h day of May 2025, by and between the CITY
OF BANGOR (Penobscot County), State of Maine, a municipal corporation, hereinafter sometimes
referred to as'Employer". and Carollynn J. Lear of Dedham, State of Maine, hereinafter sometimes
referred to as " Employee."
WITNESSETH:
WHEREAS, the City of Bangor desires to employ the services of said Carollynn J. Lear as 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 L Duties
Employer hereby agrees to employ said Carollynn J. Lear to perform the functions and duties
of City Manager 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 direction and pleasure of the City Council of the City of Bangor.
Section 2. Term
A. This Agreement is for 3 years, from June 16, 2025 to June 15, 2028, unless terminated in
accordance with Section 2 or Section 3 of this Agreement.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the
Employee to resign at any time from her position with Employer, upon ninety (90) days' notice
to Employer. In the event Employee resigns her Employment she shall not be entitled to
severance described in Section 3 of this Agreement.
C. Nothing shall prevent, limit or otherwise interfere with the right of the City Council to
immediately terminate the services of Employee as City Manager at any time, subject only to the
provisions set forth in Section 2 and 3 of this Agreement prior to June 15, 2028.
D. In the event written notice is not given by either party to this Agreement to the other
ninety (90) days prior to June 15, 2028, this Agreement shall be extended on the same terms
and conditions providing for an additional term of one (1) year. Said Agreement shall
25-161 05/12/2025
continue for successive one (1) year periods unless either party hereto gives ninety (90)
days' written notice to the other party that the party does not wish to extend this Agreement
for an additional one (1) year term.
Section 3. Termination and Severance Pay
A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the
City Council to immediately terminate the services of the Employee at any time. Employee shall
vacate her position with Employer immediately upon notice of termination, provided that the
Employee and Employer may negotiate an alternate date that Employee vacates her position with
Employer.
B. Termination for Cause: In the event Employee is terminated for cause related to her
employment with Employer, because of her conviction of any illegal act involving personal gain
to her, or in the event of her death, then Employer shall have no obligation to pay the Employee
any further amounts, including but not limited to those described in part C of this Section 3,
except to the extent that such benefits are required by law or the Personnel Rules and
Regulations of the City of Bangor.
Cause is defined as follows:
Commission of a crime of moral turpitude;
2. Commission of a felony;
Engaging in any material act of dishonesty;
4. Engaging in any material act which brings discredit to the City;
The Employee is unbondable at a reasonable cost; or
Gross negligence or willful misconduct in the performance of the duties of and
services required of Employee pursuant to this Contract.
C. Termination Without Cause: In the event Employee is terminated by the City without
cause, Employer agrees to pay Employee a lump sum cash payment equal to six (6) months base
salary and the six (6) months value of the Employer's contribution to the cost of the Employee's
health insurance and life insurance. In order to receive the severance payments described herein,
Employee agrees she will sign a Separation and Release Agreement in a form acceptable to the
Employer. If Employee is terminated in accordance with this Section 3C before June 15, 2028 in
accordance with Section 2 of this Agreement, she shall not be entitled to the severance payments
or payments related to health and life insurance described herein.
25-161 05/12/2025
Section 4. Salary
A. Employer agrees to pay Employee for her services rendered pursuant to the Executive pay
schedule (Executive Pay Grade 1, Step 8) of the City of Bangor with an initial annual base salary
of one hundred eighty-one thousand and 43 dollars and twenty cents ($181,043.20), 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 at the sole
discretion of the Employer.
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 City and in the
attainment of the Council's policy objectives and shall further establish a relative priority among
those various goals and objectives, said goals and objectives to be reduced to writing. They shall
generally be attainable within the time limitations as specified and the annual operation and capital
budgets and appropriations provided.
B. The City Council shall review and evaluate the performance of the Employee within six
(6) months of her starting work and then on or about her one-year anniversary and then annually
on or about October thereafter. 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.
C. In 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 her employment as 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 6. Outside Activities
Employee shall not participate in any non -Employer connected business or employment without
the prior approval of the City Council.
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Section 7. Residency/Relocation Expenses
Employer will pay Employee's moving expenses from her home in Dedham to Bangor in an
amount not to exceed $5,000. Employee shall be responsible for hiring the moving company.
Employee shall establish residence within the corporate limits of the City of Bangor on or before
June 15, 2027.
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 unless otherwise stated in this agreement.
B. Employee shall have one (1) weeks' vacation available when starting and accrue vacation
at the rate of four (4) weeks per year, increasing as allowed in City's Personnel Rules and
Regulations. Employee shall have three (3) days of sick leave available when starting and start
accumulating sick days as allowed in the City's Personnel Rules and Regulations beginning on
her first day of work.
C. 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.
D. Employer agrees to budget and to pay for the professional dues and subscriptions of
Employee necessary for professional development.
E. Employer agrees to budget for and pay the travel and subsistence expenses of Employee
for professional and official travel, meetings and occasions adequate to continue professional
development of Employee and to adequately pursue necessary official and other functions for
Employer, such as national, regional, state, and local governmental groups and committees and
for short courses, institutes and seminars that are necessary for professional development and for
the good of the Employer.
F. In addition to the basic salary, Employer shall pay Employee four hundred ($400)
dollars per month to cover miscellaneous out-of-pocket expenses incurred by Employee on
City related business and as a car allowance in lieu of a motor vehicle furnished by the City.
Said payment shall be considered wages for the purpose of determining base pay as it relates to
the Employer's contribution to Employee's deferred compensation plan. Employee shall be
responsible for paying for liability, property damage and comprehensive insurance, with a limit
of not less than $300,000/$500,000 with an insurance company licensed to do business in the
State of Maine, and for the purchase, operation, maintenance, and repair of her vehicle.
Employee need not submit receipts for the purpose of documenting such expenses.
25-161 05/12/2025
G. Employer agrees to pay the required premium on a term life insurance policy equal in an
amount to one -times the annual base salary.
H. Employer agrees to pay into the retirement and/or deferred compensation plan equal to 10%
of Employee's base pay, first to satisfy the Employer's portion of the Employer's Section 401(a)
defined contribution plan, with any remainder to the Employer's Section 457 deferred compensation
plan.
Section 9. Indemnification
Employer shall defend, save harmless and indemnify Employee against any tort, professional
liability claims 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 Manager.
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 or 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. Except as otherwise provided in this agreement Employee
shall be subject to the Personnel Rules and Regulations of the City of Bangor.
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: Carollynn J. Lear
79 Sunset Road
Dedham, Maine 04429
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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. The Employee acknowledges that the services to be rendered by her are unique and personal.
Accordingly, the Employee may not assign any of her rights or obligations under this agreement,
except that: (a) her rights to compensation and benefits hereunder may be transferred by will or
operation of law; and (b) her rights under employee benefits plans or programs may be assigned or
transferred in accordance with such plans or programs or regular practices.
C. This Agreement shall be binding upon and inure to the benefit of the heirs at law and
executors of Employee.
D. This Agreement shall become effective commencing June 16, 2025 or when Employee
assumes the position as City Manager, whichever shall occur first.
E. 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
on 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.
Carollynn J. Lear
ATTEST:
City Clerk (Seal)
APPROVED AS TO FORM:
City Solicitor
CITY OF BANGOR
Cara Pelletier
Council Chair
IN CITY COUNCIL
MAY 12, 2025
CO 25-161
Motion made and seconded for Passage
Passed
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CITY CLERK
