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
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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
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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.
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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.
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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
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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.
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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