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Home My WebLink About2012-08-13 12-265 ORDERCOUNCIL ACTION Item No. 12-2M Date: August 6, 2012 Item/Subject: Order, Authorizing the City Manager to Execute an Employment Agreement with Peter A. Arno for Interim Police Chief Responsible Department: Legal Commentary: This Order will authorize the City Manger to execute an Employment Agreement with Peter A. Arno for the position of Interim Police Chief. Mr. Arno currently serves as the Deputy Police Chief for the Bangor Police Department. Police Chief Ron Gastia has announced that he will retire at the end of September 2012. As such Deputy Chief Arno has agreed to the terms of an Employment Agreement and to act as Interim Police Chief while the City conducts its search for a new Police Chief. The agreement shall be effective October 1, 2012 through March 31, 2013. The terms and conditions of the agreement have been previously reviewed with the City Council. Manager's Comments: Associated Information: Budget Approval: Legal Approval: Introduced for Passage First Reading Referral Department Head Page _ of _ City Manager Finance Director City Solicitor 12-265 AUGUST 13,2012 Assigned to Councilor Hawes IdkjL W`• ,o CITY OF BANGOR �R4lEDFf �' (TITLE.) ORDER, Authorizing the City Manager to Execute an Employment Agreement with Peter A. Arno for Interim Police Chief By the City Council of the City of Bangor. ORDERED, THAT the City Manager is hereby authorized on behalf of the City of Bangor to execute an Employment Agreement with Peter A. Arno for the position of Interim Police Chief. 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 AUGUST 13, 2012 SSE CITY CLERK (TITLE,) Assigned to Councilor 12-265 EMPLOYMENT AGREEMENT The Employment Agreement made and entered into this day of July, 2012, by and between the City of Bangor, Penobscot County, State of Maine, a municipal corporation, hereinafter sometimes referred to as "Employer", and Peter A. Arno, of Dover-Foxcroft, Maine, hereinafter sometimes referred to as "Employee". VJTJ1121WY.11Ino] WHEREAS, Peter A. Arno has a degree of knowledge and experience that would be beneficial to the City of Bangor; and WHEREAS, the City of Bangor desires to avail itself of his services as Interim Police Chief for a period of time; and WHEREAS, the parties have reached an 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 Effective October 1, 2012 Employer hereby agrees to employ said Peter A. Arno to act as the City of Bangor's Interim Police Chief to perform the functions and duties of the Chief of Police 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 Manager shall from time to time assign. Subject to the provisions contained herein, Employee shall serve at the pleasure of the City Manager of the City of Bangor. Section 2. Term Employee shall be employed commencing October 1, 2012 through March 31, 2013. Upon mutual agreement of the City and Employee, the term of this contract may be extended. 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. Section 3. Salary and Payment Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $85,893.00(Exec. 3, Step 7) payable in installments at the same time as other employees of the Employer are paid. The City will withhold State and Federal taxes and FICA tax. 12-265 Section 4. Terms and Conditions of Employment Employee agrees and understands that the terms of his employment as Interim Police Chief 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. Section 5. Outside Activities Employee shall be permitted to participate in other employment opportunities or businesses with notification to the City Manager. Such work shall be permitted as long as it does not conflict with Employee's duties and responsibilities as the City's Interim Police Chief. Section 6. Fringe Benefits Employee shall be eligible for those benefits afforded to employees classified in Section 3.2.3 of the City's Personnel Rules and Regulations, Contract Employment, including Social Security coverage. Employee shall have credited to his personal account, sick leave at the same rate as other employees of Employer. Employee shall accrue days of vacation at a rate provided in the City's Personnel Rules and Regulations based upon his full years of 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 and such leave is approved in advance by the City Manager. In lieu of health insurance and ICMA-401(a) contribution by employer, employer agrees to provide six (6) weeks of vacation time to employee's vacation account prior to his retirement from the City scheduled for August 31, 2012. Section 7. Ownership of Work Products, Materials and Related Documents Employee agrees that all work papers, products, computer disks and files and materials related to the Employee's duties as the Interim Police Chief are the property of the City. Section 8. 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 Employee's duties as the City's Interim Police Chief. Employer may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Section 9. Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. 12-265 Section 10. Other Terms and Conditions of Employment The City Manager in consultation with the Employee shall fix any such other terms and conditions of employment provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter or any other law. Section 11. 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: Employer: City of Bangor 73 Harlow Street Bangor, Maine 04401 Attn: City Manager Employee: Peter A. Arno 186 Park Street Dover-Foxcroft, Maine 04426 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as prescribed for personal service 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 12. 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 or the heirs at law and executor of the Employee. C. This Agreement shall become effective upon both parties signatures. 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, and shall be affected and shall remain in full force and effect. 12-265 IN WITNESS WHEREOF, the City of Bangor has caused this Agreement to be signed and executed on its behalf by its City Manager, and duly attested by its City Clerk, and the Employee has signed an executed this Agreement, both in duplicate, the day and year first above written. ATTEST: Lisa Goodwin City Clerk CITY OF BANGOR Catherine M. Conlow City Manager Peter A. Arno