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Home My WebLink About2010-01-11 10-055 ORDERCOUNCIL ACTION Item No. � 0 055 Date: January 11, 2010 Item/Subject: Order, Appointing Robert W. Farrar as Interim City Manager and Authorizing the Execution of an Amended Employment Agreement Responsible Department: City Council/Legal Commentary: As provided by Article 5, Section 7 of the Bangor City Charter, the City Council is authorized to appoint a substitute City Manager when the position has become vacant. Former City Manager Edward Barrett concluded his service with the City effective December 26, 2009. During December, the City Council met on two occasions in Executive Session to discuss the appointment of an Interim City Manager. Based upon those discussions, the Council identified Robert W. Farrar, currently serving as Bangor's Assistant City Manager and Human Resources Director, as the preferred candidate. Bob has served the City for nearly 21 years in a variety of management positions including the City's first Director of Administration, Assistant City Manager for Administrative Services, and Assistant City Manager for Government Operations and Human Resources Director. In his most recent position which he has held since 2001, Bob has had oversight responsibility for several Departments including Police, Fire, Health and Community Services, Parks and Recreation, and Administrative Services. He has also been the City's Human Resources Director since 1996. His previous municipal experience includes 6 years as the first Town Administrator for Topsham, ME and 2 years as Administrative Assistant to the Brunswick, ME Town Manager. Bob holds a BA Degree in Public Management and Master of Public Administration degree from the University of Maine. He is a Bangor resident. This Order would appoint Mr. Farrar as Interim City Manager and authorize the Council Chair to execute an amendment to his current employment agreement outlying the terms and conditions of his appointment. Department Head Manager's Comments: {� City Manager Associated Information: Order, Amendment to Employment Agreement Budget Approval: Finance Director Legal Approval: City Solicitor Introduced for x Passage First Reading Page _ of _ Referral Assigned to Councilor _Blanchette 3anuary 11, 2010 pF BA y �.00 .ice CITY OF BANGOR ,T ------------ r:.. pgg7 TED, (TITLE.) ORDER, Appointing Robert W. Farrar as Interim City Manager and Authorizing the Execution of an Amended Employment Agreement WHEREAS, the City Council of the City of Bangor desires to appoint Robert W. Farrar, 30 Saratoga Avenue, BangoDirector fcurrentlor the ing as City of Bangor, as Interim Manager and Human Resources City Manager; and WHEREAS, Robert W. Farrar desires to accept the appointment of Interim City Manager; and WHEREAS, this appointment is in accordance with Article 5, Section 7 of the Bangor City Charter; and WHEREAS, . the parties have reached agreement on the terms and conditions of such interim appointment; NOW, THEREFORE, BE IT ORDERED BY THE BANGOR CITY COU NC Inter mLF ACity Robert W. Farrar, 30 Saratoga Avenue, Bangor, ME is hereby appointed Manager as provided by Article S, Section 7 of the City Charter of the City of Bangor; and BE IT FURTHER ORDERED, THAT such appointment shall be effective January 12, 2010; and BE IT FURTHER ORDERED, THAT the Chair of the Bangor he City of Bangor andrized to Robert execute an Amended Employment Agreement W. Farrar outlining certain terms and conditions related to the interim appointment, a copy of which is attached hereto. IN CITY COUNCIL January 11, 2010 Motion Made and Seconded for Passage P ssed " CITY CLERK (TITLE,) Annnintin8 Robert W. Farrar as Trtpr-im cityManager and Authorizing the Execut��n of an A emended Employment Aureement Assigned to Councilor I -IA 055 AMENDMENT #1 To Employment Agreement Between The City of Bangor and Robert W. Farrar This Employment Agreement Amendment made and entered into this day of January 2010 by and between the City of Bangor, Maine, a municipal corporation, hereinafter sometimes referred to as "Employer," and Robert W. Farrar, 30 Saratoga Avenue, Bangor, Maine, hereinafter sometimes referred to as "Employee." WITNESSETH WHEREAS, the City of Bangor desires to appoint Robert W. Farrar as Interim City Manager, in accordance with Article 5, Section 7 of the Bangor City Charter; and WHEREAS, Robert W. Farrar desires to accept the appointment as Interim City Manager; and WHEREAS, the parties have reached agreement on the terms and conditions of such interim appointment; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree to amend the current employment agreement between the City of Bangor and Robert W. Farrar, as follows: 1. Bonding Employer shall bear the full cost of any fidelity or other bond required of Employee under any law or ordinance. - - 2. Workload Employer recognizes that during the Interim City Manager appointment, Employee will be fulfilling the duties and responsibilities of two regular full-time positions. Employer and Employee agree that the role of the Interim City Manager will be to maintain a stable environment; manage the delivery of municipal services; provide continuity during this time period; and to continue to move ahead with those programs, projects and initiatives already underway. Employer agrees that requests for new projects or initiatives requiring considerable effort through the Office of the City Manager will be kept reasonable. To this end, Employee and Council Chair of Employer shall maintain an open dialogue regarding any workload issues or concerns. ,A 055 3. Organizational Stability In order to assist with workload issues and organizational stability, Employer agrees not to request any changes in Department Heads reporting to Employee during his interim appointment. 4. Recruitment Process Employer agrees to proceed in a timely and orderly process to recruit and select a new City Manager. Should a new City Manager not be in place by October 1, 2010, Employer and Employee agree to meet and discuss whether Employee will continue in an Interim capacity, and under what additional terms and.conditions, if any. 5. Return to Former Position Employer agrees that following the selection and' appointment of a new City Manager, Employee will return to his former position of Assistant City Manager and- Human Resources Director, under the terms and conditions of his employment agreement with Employer. 6. Replacement of Interim City Manager Should, during the term of his interim appointment, Employer desire to appoint a different Interim City Manager, Employee will be so notified in writing and will be afforded an opportunity to meet with Employer in Executive Session to discuss. Should this be, the final decision of Employer, Employee will return to his former position and agrees to fully and faithfully support the decision of Employer and the new Interim City Manager. Similarly, should, during the term of this interim appointment, Employee decide to return to his former position, Employee will provide -written notice to Employer and shall- meet with Employer in Executive Session, if requested, to discuss. 7. Vacation Time Employer recognizes the additional workload that will be placed upon Employee during the interim appointment period. Employer agrees that vacation time accruing and due to Employee will not be forfeited during such interim appointment. 8. Previously Scheduled and Authorized Absence Employer agrees that Employee may be absent from the City for the period of February 13-21, 2010 as previously approved. .0 055 9. Compensation At the request of Employee, Employer has agreed that no additional compensation above and beyond Employee's current salary shall be paid from the effective date of this amendment through June 30, 2010. Should Employer make pay plan adjustments for other Executive level classified employees as part of the FY2011 adopted budget, Employee shall receive the same increase, if any. 10. Current Employment Agreement Employer agrees that Employee's current Employment Agreement will continue in full force and effect, unless superseded or inconsistent with the additional terms and conditions of his employment described herein. IN WITNESS WHEREOF, the City of Bangor has caused this Employment Agreement Amendment to be signed and executed in its behalf by its Council Chair, and duly_ attested by its City Clerk, and the Employee has signed and executed this Amendment both in duplicate, the day and year first written above. Attest: Patti Dubois, City Clerk Bangor City Council Richard I. Stone, Council Chair Employee Robert W. Farrar