HomeMy WebLinkAbout2012-09-10 12-301 ORDERCOUNCIL ACTION
Item No: 12-301
Date: September 10, 2012
Item/Subject: Order, Confirming the Appointment of Roseanna Vanadestine as Director of
Community and Economic Development and Authorizing Execution of an Employment Agreement
Responsible Department: Executive
Commentary: This Order will confirm the City Manager's appointment of Roseanna
Vanadestine as Bangor's next Director of Community and Economic Development and will
authorize execution of an employment agreement between the City and Ms. Vanadestine. Ms.
Vanadestine has been acting as Interim Director of Community and Economic Development since
the retirement of former Director Rodney McKay in April 2012.
Ms. Vanadestine has developed extensive experience in Planning, Economic, and Community
Development throughout her career. Prior to working in Bangor Roseanna served as the
Director of Economic and Community Development for the towns of Lisbon and Fairfield.
Roseanna holds a Bachelors Degree in Public Administration from the University of Maine at
Augusta.
Department Head
Manager's Comments: Recommend your confirmation of this appointment and authorization
to execute the employment contract. 3A) (YA` U) n �J
City Manager
Associated Information: Order, Employment Agreement
Budget Approval:
Finance Director
Legal Approval: d4y2z
City Solicitor
Introduced for
x Passage — New Business
First Reading Page _ of _
_ Referral
12-301
SEPTEMBER 10, 2012
Assigned to Councilor Gratwick
CITY OF BANGOR
(TITLE.) ORDER, Confirming the Appointment of Roseanna Vanadestine as Director of
Community and Economic Development and Authorizing Execution of an Employment
Agreement
BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT: the
appointment of Roseanna Vanadestine as Director of Community and Economic
Development is hereby confirmed and the City Manager is authorized to enter into an
employment agreement with her, a copy of which is attached hereto.
September 10, 2012
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CI CLERK
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EMPLOYMENT CONTRACT
THIS Agreement, made and entered into this day of September, 2012, by and
between the CITY OF BANGOR (Penobscot County), State of Maine, a municipal corporation,
hereinafter sometimes referred to as 'Employer", and Roseanna Vanadestine, of Skowhegan,
State of Maine, hereinafter sometimes referred to as "Employee."
WITNESSETH:
WHEREAS, the City of Bangor desires to employ the services of said Roseanna
Vanadestine as Director of Community and Economic Development 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 Roseanna Vanadestine to perform the functions
and duties of Director of Community and Economic Development 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.
Section 2. Term
A. Employee agrees to remain in the exclusive employ of the Employer until September 11,
2013, and neither to accept other employment nor to become employed by any other employer so
long as this Agreement shall be in effect, except as provided in Section 6, below.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with 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.
D. In the event written notice is not given by either party to this Agreement to the other
thirty (30) days prior to September 11, 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
thereafter for one (1) year period 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.
Section 3. Termination and Severance Pay
In the event Employee is terminated by the City 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. Employee shall vacate her position with Employer immediately upon notice of
termination, provided that the Employee and Employer may negotiate an alternate date that
Employee vacates his position with Employer. In the event Employee is terminated because of
willful misconduct or intentional wrongdoing related to his employment with Employer, or
because of her conviction of any illegal act involving personal gain to him, then Employer shall
have no obligation to pay the aggregate severance sum designated in this paragraph or to
continue Employer provided benefits, except to the extent that such benefits are required by law
of the Personnel Rules and Regulations of the City of Bangor.
Section 4. Sal
A. Employer agrees to pay Employee for her services rendered pursuant to the Executive
pay schedule of the City of Bangor with an initial annual base salary of Seventy-nine thousand
Seven Hundred Sixty ($79,760.00) dollars (Executive Pay Grade 3, Step 4), payable in
installments at the same time as other employees of the Employer are paid.
B. Employer agrees to handle future salary increases beyond that outlined in A above in the
same fashion as salary increases are handled for other Executive Level 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-half
step increase in Employee's compensation at that time.
Section 5. Performance Evaluation
A. On an annual basis, the City Manager and Employee shall define such goals and
performance objectives which they deem necessary for the proper operation of the Community
and Economic Development Department and shall reduce said goals and objectives to writing.
They shall generally be attainable with the time mutations specified and the annual operation 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 date of promotion to Director of Community and Economic
Development with the City. 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. A work plan for the first year will be developed outlining the above referenced goals
and objectives.
C. In 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 term of her employment as Director of
Community and Economic Development 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 6. Outside Activities
Employee shall not participate in any non -Employer connected business or employment without
prior notification to and the approval of the City Manager.
Section 7. Vacation and Sick Leave
Upon commencement of this employment agreement, Employee shall retain any sick time
accrued to date and two weeks of vacation time credited to her personal account in addition to
any vacation time accrued to date. 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 at the Executive level.
Employer shall pay Employee Fifty ($50.00) dollars monthly for a cell phone allowance.
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 Director of
Community and Economic Development. 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
Employee currently resides in the City of Skowhegan, Maine in Regional School Unit (RSU) 54
and Employer has not required Employee to relocate to Bangor. Employee may move from her
residence in RSU 54 to other residences within RSU 54 during the term of her employment with
the City. However, if Employee should move from the jurisdiction of RSU 54, 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 Director of
Community and Economic Development.
Section 12. Other Terms and Conditions of Employ
The City Manager, in consultation with the Employee, shall fix any such other terms and
conditions of employment, as it may determine from time to time, relating to the performance of
the 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 13. 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:
Roseanna Vanadestine
12 Merrill Street
Skowhegan, Maine 04976
Alternately, notices required pursuant to this Agreement may be personally served in the same
manner as is prescribed for personal service of process under the Name 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 14. 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 11, 2012 or when
Employee assumes the position as Director of Community and Economic Development,
whichever shall occur first.
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 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.
BANGOR CITY COUNCIL
Catherine M. Conlow
City Manager
Roseanna Vanadestine
ATTEST:
City Clerk (Seal)
APPROVED AS TO FORM:
City Solicitor