HomeMy WebLinkAbout2012-02-27 12-100 ORDERCOUNCIL ACTION
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Item No.
Date: February 27, 2012
Item/Subject: Order, Authorizing the City Council Chair to Execute an Employment
Agreement with Lisa Goodwin as City Clerk
Responsible Department: City Council / City Manager
Commentary:
This Order will authorize the City Council Chair to execute an Employment Agreement with Lisa
Goodwin for the position of City Clerk of the City of Bangor. Ms. Goodwin will replace former
City Clerk Patti Dubois who resigned to take a similar position in the City of Waterville. Ms.
Goodwin has most recently been Town Manager in Lincoln and served nearly 18 years as Town
Clerk prior to that. The City Council interviewed several candidates for the position before
deciding to make an offer to Ms. Goodwin.
If approved, Ms. Goodwin will begin her employment on April 2, 2012. The terms and conditions
of the agreement have been previously reviewed with the City Council.
Department Head
Manager's Comments:
City Manager
Associated Information: Order, Agreement
Budget Approval:
Finance Director
Legal Approval:
City Solicitor
Introduced for
x Passage
First Reading Page _ of _
Referral
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`r Assigned to Councilor _ HAWES
CITY OF BANGOR
-
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(TITLE.) ORDER, Authorizing the City Council Chair to Execute an Employment Agreement
with Usa Goodwin as City Clerk
By the City Council of the City of Bangor.
ORDERED,
THAT the City Council Chair is hereby authorized on behalf of the City of Bangor to execute an
Employment Agreement with Lisa Goodwin for the position of City Clerk for the City of Bangor.
Said agreement shall be in substantially the same form as attached hereto and in a final form
as approved by the City Solicitor or Assistant City Solicitor.
IN CITY COUNCIL
February 27, 2012
MOTION MADE AND SECONDED FOR PASSAGE
ROLL CALL VOTE REQUESTED
VOTE: 9 — 0
COUNCILORS VOTING YES: BALDACCI, GALLANT,
GRATWICK, LONGO, HAWES, SPRAGUE, WESTON,
BLANCHETTE & DURGIN
COUNCILORS VOTING NO: NONE
PASSED
INTERIM CITY CLERK
# 12-100
ORDER
(TITLE,) AUTHORIZING THE CITY COUNCIL CHAIR TO
EXECUTE AN EMPLOYMENT AGREEMENT WITH
LISA GOODWIN AS CITY CLERK
I
Assigned to Councilor='1o�19_�
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EMPLOYMENT CONTRACT
THIS Agreement, made and entered into this day of , 2012, by and between the
CITY OF BANGOR (Penobscot County), State of Maine, a municipal corporation, hereinafter
sometimes referred to as "Employer", and Lisa Goodwin, of Lincoln, State of Maine, hereinafter
sometimes referred to as "Employee."
WITNESSETH:
WHEREAS, the City of Bangor desires to employ the services of said Lisa Goodwin as
City Clerk and Registrar of Voters 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 Lisa Goodwin to perform the functions and
duties of City Clerk and Registrar of Voters 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 Council 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 the Employer until April 2, 2013,
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 interfere with the right of the
Employee to resign at any time from her 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. Employee may
also be terminated upon thirty (30) days notice should the position of City Clerk 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 April 2, 2013, this Agreement shall be extended on the same terms and
conditions providing for an additional term of one (1) year. Said Agreement shall continue
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thereafter for one (1) year periods unless either party hereto gives thirty (30) days written notice
to the other party of termination or resignation as provided for herein.
Section 3. Termination and Severance Pay
In the event Employee is terminated by the City Council 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 her 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 and Employee's termination shall be effective immediately, or at the Employer's sole
discretion Employee may work the thirty (30) day notice period and not receive a lump sum cash
payment; provided, however, that 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 this paragraph or allow her to work
the thirty (30) day notice period, 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. Upon separation from the City Employee shall be entitled to accrued time as provided
in the City of Bangor Personnel Rules and Regulations.
Section 4. Salar
A. Employer agrees to pay Employee for her services rendered pursuant hereto an annual
base salary of Sixty-nine thousand, three hundred and twenty-one ($69,321) dollars, 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 employees.
C. In addition to the annual review, the City Council 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 Council and Employee shall define such goals and
performance objectives which they deem necessary for the proper operation of the City Clerk's
Office 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 Council shall review and evaluate the performance of the Employee annually on
or about the Employee's anniversary date of employment with the City. 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
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Employee and the normal standards used to evaluate the performance of other City employees
which are applicable to Employee's position.
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 her employment as City Clerk and
Registrar of Voters shall be subject to the City's Personnel Rules and Regulations as they
currently exist and as they may be modified from tine to time except where provisions of this
Agreement modify or supersede the Personnel Rules and Regulations.
Section 6. Outside Activities
After April 2, 1213 Employee shall not participate in any non -Employer connected
business or employment without the prior approval of the City Council. Such approval shall not
be unreasonably withheld as long as the employment in question does not conflict with
Employee's duties and responsibilities as City Clerk and Registrar of Voters.
Section 7. Vacation and Sick Leave
Upon commencement of employment, Employee shall have one week of sick time and
one week of vacation time 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. Initially 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 Chair of the City Council.
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 any alleged act or omission occurring in the performance of Employee's duties as
City Clerk and Registrar of Voters. Employer may, at its sole discretion, compromise and settle
any such claim or suit and pay the amount of any settlement or judgment rendered thereon.
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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 Lincoln, Maine and Employer has not required Employee
to relocate to Bangor. Employee agrees that if she should move from her current Town of
Lincoln residence, 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 City Clerk.
Section 12. Professional Development and Trainin
Employer agrees to pay City Clerk related professional development, education, and
training expenses, including memberships in the Penobscot County Clerks Association, Maine
Town & City Clerks Association, New England Clerks and International Clerks Association to
the extent that such costs are budgeted and approved by Employer's governing body.
Section 13. 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 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, Maine 04401
Attn: City Manager
(2) Employee: Lisa Goodwin
91 Enfield Road
Lincoln, Maine 04457
Alternately, 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.
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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 April 2, 2012 and the Employee
agrees to commence work on April 2, 2012.
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 Council Chair, and duly attested by its Interim City Clerk, and
the Employee has signed and executed this Agreement, both in duplicate, the day and year first
above written.
ATTEST:
Interim City Clerk (Seal)
APPROVED AS TO FORM:
City Solicitor
BANGOR CITY COUNCIL
LIM
Cary M. Weston
City Council Chair
Lisa Goodwin