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HomeMy WebLinkAbout2012-10-22 12-343 ORDERCOUNCIL ACTION Item No. 12-343 Date: October 22, 2012 Item/Subject: Order, Confirming the Appointment of Scott F. Lucas as City of Bangor Fire Chief and Authorizing Execution of an Employment Agreement Responsible Department: Executive Commentary: This Order will confirm the City Manager's appointment of Scott F. Lucas as the City of Bangor's next Fire Chief and will authorize execution of an employment agreement between the City and Mr. Lucas. Mr. Lucas served for twenty one years in a variety of increasingly responsible positions in the City of Westland, Michigan Fire Department, concluding his career as Assistant Fire Chief and Emergency Medical Services (EMS) Coordinator. He has also worked in the education field as a coach and administrator and most recently owned and ran his own consulting firm. Lucas hold a Bachelor of Arts degree in Business Administration and Leadership from Concordia University in Michigan and is currently working towards a Master of Science degree in Technology Studies at Eastern Michigan University. Mr. Lucas was selected from a field of forty-nine candidates and will begin his position on December 3, 2012. Department Head Manager's Comments: I recommend your confirmation of this appointment and authorization to execute the employment contract. r A m U-&� City Manager Associated Information: Order, Employment Agreement Budget Approval: Legal Approval: Introduced for x Passage — New Business First Reading _ Referral Page _of_ Finance Director Solicitor Assigned to Councilor Gallant CITY OF BANGOR 12-343 OCTOBER 22, 2012 (TITLE.) ORDER, Confirming the Appointment of Scott F. Lucas as City of Bangor Fire Chief and Authorizing Execution of an Employment Agreement BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT: the appointment of Scott F. Lucas as City of Bangor Fire Chief is hereby confirmed and the City Manager is authorized to enter into an employment agreement with him, a copy of which is attached hereto. IN CITY COUNCIL October 22, 2012 Motion made and seconded for Passage Motion Doubted Vote: 7-1 Councilors Voting Yes: Baldacci, Durgin, Gratwick, Longo, Hawes, Sprague, Weston ilors ti a NO: Gallant Xd � r CITY CLERK ��jj 12 343 EMPLOYMENT CONTRACT THIS Agreement, made and entered into this 23rd day of October, 2012, by and between the CITY OF BANGOR (Penobscot County), State of Maine, a municipal corporation, hereinafter sometimes referred to as 'Employer", and Scott F. Lucas, of Whitmore Lake, State of Michigan, hereinafter sometimes referred to as "Employee." WITNESSETH: WHEREAS, the City of Bangor desires to employ the services of said Scott F. Lucas as Fire Chief of the Fire Department 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 Scott F. Lucas to perform the functions and duties of fire Chief of the Fire Department 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 begin employment on December 3, 2012 and remain in the exclusive employ of the Employer until December 3, 2014, 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 December 3, 2014, 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 12 343 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 his 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. Salary A. Employer agrees to pay Employee for his services rendered pursuant to the Executive Pay Schedule of the City of Bangor with an initial annual base salary of eighty one thousand seven hundred and fifty four dollars ($81,754) (Executive Pay Grade 3, Step 5), payable in installments at the same time as other employees of the Employer are paid. The City Manager shall review the performance the Employee at the end of his first six months (+/- June 3, 2013), and a one step increase may be granted at that time with a satisfactory review. 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. 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 Bangor Fire 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 hire as Fire Chief of the Bangor Fire Department 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. 12 343 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 his employment as Fire Chief of the Bangor Fire Department 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 be credited with five (5) days of sick time and five (5) days of vacation time. Said times shall be available for immediate use in accordance with established policies. Thereafter, (1) Employee shall have sick leave credited to his personal account at the same rate as other employees of Employer, and (2) Employee will initially accrue vacation at the rate of three weeks per year and the amount of annual vacation accrual shall then proceed 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 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 at the Executive level, and as are otherwise provided in the City's Personnel Rules and Regulations for non -represented employees. The City shall contribute eight percent (8%) of Employee's salary to the ICMA-RC 401a defined Contribution plan, and Employee shall contribute six and one-half percent (6.5%) Employer shall provide Employee with a city owned and maintained motor vehicle, including associated communications and emergency response equipment, to be used by Employee for official work related duties only. Recognizing that the Employee's position as Fire Chief (and potentially Emergency Management Director) may require call backs and responses after normal working hours, Employee is authorized to use the City provided vehicle to travel to and from his residence. This vehicle, however, shall not be used for any purposes other than those directly associated with Employee's duties as Fire Chief or Emergency Management Director, if assigned. 12 343 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 Fire Chief. 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 Whitmore, Michigan. Employee agrees to establish permanent residence within the corporate limits of the City of Bangor on or before July 1, 2013 and maintain residence in the City of Bangor for the term of his employment as Fire Chief of the Bangor Fire Department. Section 12. Relocation Expenses Employer shall assist with payment for Employee's moving expenses from his home in Whitmore Lake, MI. to Bangor, or assist in the payment of Employee's initial housing expenses, or a combination of the two, with the sum total amount of assistance not to exceed $5,000.00. Employee shall provide sufficient documentation to Employer to verify said moving and / or housing expenses. 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 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 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: Scott Lucas 4341Shoreview Whitmore Lake, MI. 48419 12 343 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 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 October 23, 2012 or when Employee assumes the position as Fire Chief of the Bangor Fire Department, 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 Scott F. Lucas ATTEST: City Clerk (Seal)