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HomeMy WebLinkAbout2015-01-12 15-060 ORDERCOUNCIL ACTION Item No. 1S -i o60 Date: January 12, 2015 Item/Subject: ORDER, Appointing Philip S. Drew as City Assessor and Authorizing Execution of an Employment Contract Responsible Department: City Council Commentary: This Order will appoint Philip S. Drew as City Assessor and will authorize the execution of an employment contract. If appointed, Mr. Drew will replace Benjamin Birch who retired on December 31't after more than 22 years as City Assessor. Mr. Drew has been employed by the City of Bangor since 1994. He began as a part-time property lister, was promoted to Appraisal Technician, and for the past fourteen years has served as Appraiser. He holds a B.S. degree from the University of Maine in Agribusiness and Resource Economics. Mr. Drew is both a Certified Maine Assessor and Certified Maine Appraiser. This appointment has been reviewed with the City Council in Executive Session on two occasions during December. Manager's Comments: Associated Information Order, Employment Contract Budget Approval: Director Legal Approval: Introduced for X Passage First Reading Referral Department Head �(a<A 61, City Manager Finance City Sol citor Page _ of Assigned to Councilor Sprague CITY OF BANGOR 1S-060 JANUARY 12, 2015 (TITLE.) ORDER, Appointing Philip S. Drew as City Assessor and Authorizing Execution of an Employment Contract. Be it Ordered by the Bangor City Council that. Philip S. Drew is hereby appointed as City Assessor for the City of Bangor, in accordance with terms and conditions of the attached Employment Contract; And be it further Ordered Mat.• The Chair of the Bangor City Council is authorized to sign the Employment Agreement on behalf of the Bangor City Council. IN CITY COUNCIL JANUARY 12, 2015 MOTION MADE AND SECONDED FOR PASSAGE PASSED CITY COUNCI 15-060 JANUARY 12, 2015 EMPLOYMENT CONTRACT THIS Agreement, made and entered into this day of January, 2015, by and between the CITY OF BANGOR (Penobscot County), State of Maine, a municipal corporation, hereinafter sometimes referred to as 'Employer", and Philip S. Drew, of Glenburn, County of Penobscot, State of Maine, hereinafter sometimes referred to as "Employee." WITNESSETH: WHEREAS, the City of Bangor desires to employ the services of said Philip S. Drew as City Assessor 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 Philip S. Drew to perform the functions and duties of City Assessor 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. The City Assessor shall work under the policy direction of the Bangor City Council and may receive any necessary day to day coordination from the City Manager. Section 2. Term A. Employee agrees to and remain in the exclusive employ of the Employer until January _, 2017, 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 Council to terminate the services of Employee at any time, upon thirty (30) 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 January , 2017, this Agreement shall be extended on the same terms and conditions providing for an additional term of one (1) year. Subject to the termination provisions contained herein, this Agreement shall continue thereafter for one (1) year period 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. 15-060 JANUARY 12, 2015 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 one (1) 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 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 his services rendered pursuant to the Executive Pay Schedule of the City of Bangor with an initial annual base salary of eighty thousand dollars, five hundred and fifty-four dollars ($80,554.00) (Executive Pay Grade 3, Step 3), 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. The Assessor position will be assigned to Executive Pay Grade 3, subject to the following modification: the Employee and Employer agree that the Assessor position shall be eligible to progress through the merit / step plan, (based upon annual performance evaluations), but such progression will be capped and cease at step 8 of Executive Pay Grade 3. 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 Bangor Assessing 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 Council or subcommittee thereof shall review and evaluate the performance of the Employee annually on or about the Employee's anniversary date of hire as City Assessor. 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. A work plan for the first year will be developed outlining the above referenced goals and objectives. 15-060 JANUARY 12, 2015 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 his employment as City Assessor is 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 Council. Employer and Employee hereby agree that the Employee may continue his existing contractual employment by the Town of Glenburn for a period not to exceed June 30, 2016. On or before that date, Employee agrees that he will cease this employment. Employer and Employee further agree that Employee may continue his contractual relationship as Assessor for the Town of Lee without an established end date. The parties agree that Employee will not apply for nor accept any other private Assessing work or contractual obligations. Section 7. Vacation, Sick Leave, and Retirement Upon commencement of this employment agreement, Employee shall be credited with the sick time and days of vacation time that he has accrued during his employment with the City of Bangor. Said times shall be available for immediate use in accordance with established policies. Thereafter, (1) Employee shall have sick leave credited to his personal account at the same rate as other employees of Employer, and (2) Employee will accrue vacation at the rate as provided in the City of Bangor Personnel Rules and Regulations given his total years of fulltime employment with the City. Vacation leave may be taken by the Employee at any time so long as his absence does not unreasonably interfere with the operations of the City. Employee is a participant in the ICMA —RC 401 a defined benefit retirement plan, and the current contribution rates of 8.0% city contribution and 6.5% employee contribution (based upon gross salary paid) shall continue upon his promotion to Assessor. 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, and as are otherwise provided in the City's Personnel Rules and Regulations for non -represented employees 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 15-060 JANUARY 12, 2015 any alleged act or omission occurring in the performance of Employee's duties as City Assessor. Employer will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Section 10. Bondinp, 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 Glenburn, Maine. Employee agrees that should he sell his property in Glenburn, Maine, he would establish residence within the corporate limits of the City of Bangor and then would maintain residence in the City of Bangor for the term of his employment Section 12. 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 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 14. 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: Philip S. Drew 1360 Pushaw Road Glenburn, ME 04401 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 Name Rules of Civil Procedure. 15-060 JANUARY 12, 2015 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 15. 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 January , 2015 or when Employee assumes the position as City Assessor of the City of Bangor, 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 Chair of the Bangor 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. BANGOR CITY COUNCIL Nelson E. Durgin Chair, Bangor City Council Philip S. Drew ATTEST: City Clerk (Seal) APPROVED AS TO FORM: City Solicitor