Loading...
HomeMy WebLinkAbout2013-10-16 13-342 ORDERCOUNCIL ACTION Item No. 13342 Date: October 16, 2013 Item/Subject: Order, Confirming the Appointment of Tanya Emery as Director of Community and Economic Development and Authorizing Execution of an Employment Agreement Responsible Department: Executive Commentary: This Order will confirm the City Manager's appointment of Tanya Emery as Bangor's next Director of Community and Economic Development and will authorize execution of an employment agreement. Ms. Emery has been acting as Interim Director of Community and Economic Development since the resignation of former Director Rosie Vanadestine in June 2013. Emery has a Bachelor's Degree from Trinity College in Hartford Ct. and is currently serving as a Business Development Specialist for the City of Bangor, a position she has held for the last two and a half years. Prior to joining the Bangor team, Emery was Deputy Director of Economic Development for the City of Brewer for five years, worked with Eastern Maine Development Corporation, and worked in the private sector. I recommend your confirmation of this appointment and authorization to execute the employment contract. Department Head Manager's Comments: City Manager Associated Information: Order, Employment Agreement Budget Approval: -- --- - - - Finance Director Legal Approval: CifyVolicitor Introduced for x Passage — New Business _ First Reading Page _ of _ Referral Jt Assigned to Councilor Sprague CITY OF BANGOR 13-342 OCTOBER 16, 2013 (TITLE.) ORDER, Confirming the Appointment of Tanya Emery as Director of Community and Economic Development and Authorizing Execution of an Employment Agreement BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT: the appointment of Tanya Emery as Director of Community and Economic Development is hereby confirmed and the City Manager is authorized to enter into an employment agreement with her, a copy of which is attached hereto. IN CITY COUNCIL October 16, 2013 Motion made and seconded for Passage a d CITY C ERR EMPLOYMENT CONTRACT 13-342 THIS Agreement, made and entered into this 16th day of October 2013, by and between the CITY OF BANGOR (Penobscot County), State of Maine, a municipal corporation, hereinafter sometimes referred to as 'Employer", and Tanya L. Emery, State of Maine, hereinafter sometimes referred to as "Employee." WITNESSETH: WHEREAS, the City of Bangor desires to employ the services of Tanya L. Emery as Director of Community and Economic Development 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 Tanya L. Emery to perform the functions and duties of Director of Community and Economic Development 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. Employee agrees to remain in the exclusive employ of the Employer until October 15, 2015, and neither to accept other employment nor to become employed by any other employer so long as this Agreement shall'be in effect, except as provided in Section 6, below. 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 thirty (30) 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 terminate the services of Employee at any time, upon thirty (3 0) days notice to Employee, 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 October 16, 2015 this Agreement shall be extended on the same terms and conditions providing for an additional term of one (1) year. Said Agreement shall continue thereafter for one (1) year petiod 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 his duties under this Agreement, then in that event Employer agrees to pay Empl'oyee a lump sum cash payment equal to one (l) months' aggregate salary. 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 his positionrwith Employer. In the event Employee is terminated because of willful misconduct or intentiodal wrongdoing related to his employment with Employer, or because of her 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 of the Personnel Rules and Regulations of the City of Bangor. Section 4. Salary A. Employer agrees to pay Employee for her services rendered pursuant to the Executive pay schedule of the City of Bangor with an initial annual base salary of ($80,960) dollars (Executive Pay Grade 3, Step`4), 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. C. In addition to the annual review, the City Manager shall review the performance of Employee at the end of Employee's first six months of employment and may consider a one step increase in Employee's compensation at that time. 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 the Community and Economic Development Department and shall reduce said goals and objectives to writing. They shall generally be attainable with the time mutations_ specified and the annual operation 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 promotion to Director of Community and Economic Development with the City. More frequent reviews may be held at the discretion of the City Manager. 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 will 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 her employment as Director of Community and Economic Development 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 prior notification to and the approval of the City Manager. Section 7. Vacation and Sick Leave Upon commencement of this* -employment agreement, Employee shall retain any sick time and vacation time accrued to date:..Additionally, two weeks of vacation time shall be credited to her personal account. Said times shall be available for immediate use in accordance with established policies. Thereafter, Employee will accrue vacation at the rate of three weeks per year and the amount of annual vacation accrual shall increase as provided in the City of Bangor Personnel Rules and Regulations. Vacation leave may be taken by the Employee at any time so long as her absence does not unreasonably interfere with the operations of the City and such leave is approved in advance by the City Manager. Section 8. Fringe Benefits 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.. Employer shall pay Employee Fifty ($50.00) dollars monthly for a cell phone allowance. Section 9. 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 Director of Community and Economic Development. 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. Residency Employee currently resides in the Town of Hampden Maine in Regional School Unit (RSU 22) and Employer has not required Employee to relocate to Bangor. Employee may move from her residence in RSU 22 to other residences within RSU 22 during the term of her employment with the City. However, if Employee should move from the jurisdiction of RSU 22, Employee will establish permanent residence within the corporate limits of the City of Bangor, and then would maintain residence in the City of Bangor for the term of her employment as Director of Community and Economic Development. Section 12. Other Terms and Conditions of Employ The City Manager, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine 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 13. 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: (1) Employer: City of Bangor 73 Harlow Street Bangor, Maine 04401 Attn: City Manager (2) Employee: Tanya L. Emery 65 Hopkins Road Hampden, ME 04444 Alternately, notices required pursuant to this Agreement may be personally served in the same 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 14. 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 October 16, 2013 or when Employee assumes the position as Director of Community and Economic Development, 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 Catherine M. Conlow City Manager Tanya L. Emery ATTEST: City Clerk (Seal) APPROVED AS TO FORM: City Solicitor