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HomeMy WebLinkAbout2014-09-08 14-295 ORDERCOUNCIL ACTION Item No. 14-295 Date: September 8, 2014 Item/Subject ORDER, Confirming the Appointment of Patricia Hamilton as Director of Health and Community Services and Authorizing the Execution of an Employment Agreement. Responsible Department: City Manager's Office Commentary: This Order will confirm the City Manager's appointment of Patricia Hamilton as Director of Health and Community Services for the City of Bangor, and will authorize the execution of an employment agreement. Ms. Hamilton has been acting as Interim Director of the Department since August 2013. She also served as Interim Director for five months in 2003. Prior to her current Interim role, Ms. Hamilton served as Director of Public Health Nursing since 2003 in the Health and Community Services Department. Prior to that, she served as a Public Health Nurse for six years in the Department. She has also worked for other organizations including Husson University, Hospice of Eastern Maine, Center for Family Medicine, Community Health and Counseling Services and two major hospitals. Ms. Hamilton has a Bachelor of Science in Nursing from the University of Southern Maine as well as a Master's of Science Degree in Nursing from Husson University. She is a Registered Nurse (RN) and a Certified Family Nurse Practitioner (FNP). This appointment has been reviewed with the City Council in Executive Session. Department Head Manager's Comments: I recommend your confirmation of this appointment and authorization to execute the employment agreement. caat �� J City Manager Associated Information: Order, Employment Agreement Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral Finance Director Page i of 1 14-295 SEPTEMBER 8, 2014 Assigned to Councilor Civiello CITY OF BANGOR (TITLE.) ORDER, Confirming the Appointment of Patricia Hamilton as Director of Health and Community Services and Authorizing Execution of an Employment Agreement. BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT the appointment of Patricia Hamilton as Director of Health and Community Services is hereby confirmed and the City Manager is authorized to enter into an employment agreement, a copy of which is attached hereto. IN CITY COUNCIL SEPTEMBER 8, 2014 MOTION MADE AND SECONDED FOR PASIIAGE PASSED CITY CLERK 14-295 SEPTEMBER 8, 2014 EMPLOYMENT CONTRACT THIS Agreement, made and entered into this day of September, 2014, by and between the CITY OF BANGOR (Penobscot County), State of Maine, a municipal corporation, hereinafter sometimes refen ed to as "Employer", and Patricia Hamilton of Bangor, State of Maine, hereinafter sometimes referred to as "Employee". WITNESSETH: WHEREAS, the City of Bangor desires to employ the services of said Patricia Hamilton as of -Health -and -Community Services for-the-C-ity-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 Patricia Hamilton to perform the functions and duties of Director of Health and Community Services 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 others 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 of Bangor. Section 2. Term A. Employee agrees to remain in the exclusive employ of Employer until September 8, 2016, and neither to accept other employment nor to become employed by any other employer so long as this Agreement shall be in effect. B. Nothing in this Agreement shall prevent, limit or otherwise interferewith 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 (30) days notice to Employee subject only to the provisions set forth in Section 3 of this Agreement. Employee may also be terminated upon thirty (30) days prior written notice should the position of Director of Health and Community Services be eliminated by action of the Employer's governing body. D. In the event written notice is not given by either party to this Agreement to the other thirty (30) days prior to September 8, 2016, 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 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. 14-295 SEPTEMBER 8, 2014 Section 3. Termination and Severance Pay In the event Employee is terminated by the City Manager 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. In the event Employee is terminated because of willful misconduct or intentional wrongdoing related to her employment with Employer, or because of her conviction of any illegal act involving personal gain to her, then Employer shall have no obligation to pay the aggregate severance sum designated in the 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 his services rendered pursuant hereto an annual base salary of ninety-one thousand, one hundred and sixty-two dollars and fifty cents ($ 91,162.50) ( Executive Pay Scale 3, step 8), payable in installments at the same time as other employees of the Employer are paid. B. Employer agrees to handle future salary increases in the same fashion as salary increases are handled for other Executive Level Employees. C. Section 5. Performance Evaluation A. On an annual basis, the City Manager and Employee shall define such goals and performance objectives as they deem necessary for the proper operation of the Health and Community Services Department 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 shall review and evaluate the performance of the employee annually on or about the Employee's anniversary date when the Director's position was assumed. 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. C. hi 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 terms of his employment as Director of Health and Community Services 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. 14-295 SEPTEMBER 8, 2014 Section 6. Outside Activities Employee shall not participate in any non -Employer connected business or employment without the prior approval of the City Manager. Such approval shall not be unreasonably withheld as long as the employment in question does not conflict with Employee's duties and responsibilities as Director of Health and Community Services. The parties agree that Employee shall be permitted to perform such work as may be required in order that Employee maintain her Family Nurse Practitioner (FNP) License. Maintenance of this License enables the City to continue to operate certain Divisions within the Health and Community Services Department. Section 7. Vacation and Sick Leave Upon commencement of employment, Employee shall retain the current vacation time and sick time accrued as a result of Employee's continuing employment with the City of Bangor and said time shall be credited to her personal account. Said times shall be available for immediate use in accordance with established policies. Thereafter, Employee shall have sick leave credited to her personal account at the same rate as other employees of Employer. Employee shall immediately begin to accrue vacation at the rate of four (4) weeks per year, until the completion of her twentieth year of employment and shall thereafter accrue vacation time in accordance with the City's Personnel Rules and Regulations. 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 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 except as noted elsewhere in this Agreement. 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 an alleged act or omission occurring in the performance of Employees duties as Director of Health and Community Services. 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 14-295 SEPTEMBER 8, 2014 Employee currently resides in Bangor, Maine and agrees to maintain residence within the corporate limits of the City during the term of her employment as Director of Health and Community Services. Section 12. Professional Development and Traininsi Employer agrees to pay Health and Community Services related professional development, education, and training expenses, including memberships in appropriate Health -and -Community Ser-vices-organizations,—to-the-extent th-at such -costs -are budgeted and approved by Employer's governing body. Section 13. 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 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, ME 04401 Attn: City Manager (2) Employee: Patricia Hamilton 27 Plaisted Street Bangor, ME. 04401 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is prescribed for personal services 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 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 September 9, 2014. 14-295 SEPTEMBER 8, 2014 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 VVT NESS 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. - - CI-T--Y-OF BANGOR -- ATTEST: City Clerk (Seal) APPROVED AS TO FORM: City Solicitor Catherine M. Conlow City Manager Patricia Hamilton