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HomeMy WebLinkAbout2012-02-27 12-100 ORDERCOUNCIL ACTION 12 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 12 1-00 `r Assigned to Councilor _ HAWES CITY OF BANGOR - oR � 4TED,f (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_� 12 100 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 12 _.00 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 12 100 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. 12 1.00 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. 12 1n0 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