HomeMy WebLinkAbout2026-06-22 26-219 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:
Previous Council Actions
Date:
Item No:
Assigned to Councilor:
26-219
JUNE 22, 2026
EMPLOYMENT CONTRACT
THIS Agreement made and entered into this 5th day of July 2026, by and between the CITY OF
BANGOR (Penobscot County), State of Maine, a municipal corporation, hereinafter sometimes
referred to as "Employer", and Jeffrey Courtney, of Bangor, Maine, State of Maine, hereinafter
sometimes referred to as "Employee".
WITNES SETH
WHEREAS, the City of Bangor desires to employ the services of said Jeffrey Courtney as
Information Technology (IT) Director of the City of Bangor; and
WHEREAS, the parties have reached an 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 Jeffrey Courtney to perform the functions and duties of
Information Technology (IT) Director of the City of Bangor as specified by 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 July 5, 2029, and neither to accept
other employment nor to become employed by any other employer so long as this
Agreement shall be in effect, with the exception of coaching sports, or as otherwise
approved by the City Manager.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
the Employee to resign at any time from this 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.
26-219
JUNE 22, 2026
D. In the event written notice is not given by either party to this Agreement to the other
thirty (30) days prior to July 5, 2029, this Agreement shall be extended on the same
terms and conditions providing for any 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.
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 their 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 their 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 their employment with Employer, or because of a conviction of any illegal
act involving personal gain to them, 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 their services rendered pursuant to the
Executive pay schedule (Executive Pay Grade 4, Step 5) of the City of Bangor with
an initial annual base salary of insert amount ($131,248), 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, or designee, 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, or designee, shall review and evaluate the performance of the
Employee annually on or about the Employee's date of hire as Information
26-219
JUNE 22, 2026
Technology (IT) 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 their employment as Information
Technology 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 expect 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
prior notification to and the approval of the City Manager or designee except as referenced in
Section 2.A.
Section 7. Fringe Benefits:
A. Employer agrees to allow the employee to accrue vacation as outlined in Personnel
Rules and Regulations.
B. Employer agrees to pay or reimburse for professional development, education, and
training expenses that are related in the scope of their 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 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 Information
Technology (IT) Director. Employer will compromise and settle any such claim or suit to pay
the amount of any settlement or judgment rendered thereon.
Section 9. Bonding:
Employer shall bear the full cost of any fidelity or bonds required of the Employee under any
law or ordinance.
26-219
JUNE 22, 2026
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
provisions of this Agreement, the Charter or any other law.
Section 11. Notices:
Notice 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
Employee: Jeffrey Courtney
Address on file
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 12. 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 5, 2026, or when Employee
assumes the position as Information Technology (IT) 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.
26-219
CITY OF BANGOR
Carollynn Lear
City Manager
Jeffrey Courtney
ATTEST:
City Clerk (Seal)
JUNE 22, 2026
IN CITY COUNCIL
JUNE 22, 2026
CO 26-219
Passed
� �.� ,�..� �
�� �
�����:,w�,�N � ��.� . � ���������;����
�,,
CITY CLERK