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HomeMy WebLinkAbout2011-06-27 11-230 ORDERItem No, 7f .230 Date: June 27 2011 Item/Subject: Order, Confirming the Appointment of Arthur B. Morgan as Director of Public Services and Authorizing execution of an Employment Agreement Responsible Department: Executive Commentary: This Order will confirm the City Managers appointment of Arthur B. Morgan, P.E. as Badgers next Director of Public Services and will authorize execution of an employment agreement between the City and Mr. Morgan. Mr. Morgan has been aging as Interim Public Services Director since Me retirement of former Director James Ring in February 2011. Mr. Morgan has held the position of Ovll Engineer II In the City's Engineering Division for the past twenty-three years. In this role, he has been very Involved with a vaHety of engineering, sanitary, and sancta er, construction and related Infrastructure and facilities projects throughout the Oty. He has developed sound and productive working relationships with the public and officials at local, state and federal levels of government He received his Bachelor of Science Degree In Ovil Engineering from the University of Wyoming and is licensed as a Professional Engineer by the State of Maine. Mr. Morgan was selected based upon his knowledge of the department and the City, his considerable experience, and his direct involvement In a number of key projects and issues facing Me City. With his knowledge, experience and commitment to the City, Mr. Morgan is well prepared to build on the Department's current strengths and to move it forward. Department Head Manager's Comments: I recommend your confirmation of this appointment and authorization to execute the employment contract. Associated Information: Order, Employment Agreement City Manager Finance Director X Passage — New Business _First Reading Page _of_ Referral U 230 n _ Assgnetl to CauMbr _ Gxacvick Twe 27, 3011 CITY OF BANGOR (TITLE.) ORDER, Confirming the Appointment of Arthur B. Morgan as Director of Public Services and Authorizing Execution of an Employment Agreement BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT: the appointment of Arthur B. Morgan as Director of Public Services is hereby confirmed and the City Manager is authorized to enter into an employment agreement with him, a copy of which is attached hereto. ie CIu COOBCII. Jure 27. 2011 Motion Bade and Seconded for Passage A Boll Cell Bas Requested Vote! R Councilors voting Year Blauckette. Bronson. turgin. Gravvicko Lwgo. . Bealley. Pala 3 BesLov C 'flora voting Bo: =e it CmK- P skd C PY ii z30 EMPLOYMENT CONTRACT THIS Agreement, made and entered into this day of June, 2011, by and between the CPFY OF BANGOR (Penobscot County), State of Maine, a municipal corporation, hereinafter sometimes referred to as'Employer%and Arthur B. Morgan, of Holden, State of Maine, hereinafter sometimes referred m as "Employee." WITNESSETH: WHEREAS, the City of Barger desires to employ the services of said Arthur B. Morgan as DiraYor of Public Services 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 covetants herein contained, the parties agree as follows: Section ] Duties Employer hereby agrees to employ said Arthur B. Morgan to perform the functions and duties of Director of Public Services 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 unfit Jane 27,2012, and neither to accept other employment nor to become employed by any other employer m long as this Agreement shall be in effect. B. Nothing in this Agreement shun 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 evert written notice is not given by either party to this Agreement to the other thirty (30) days prim to June 27, 2012, this Agreement shall be extended on the same terms and conditions providing for an additional term of one (I) year. Said Agreement shall continue thereafter for one (1) year pend unless either party hereto gives thirty (30) days wriam notice to the other patty that the party does not wish to extend this Agreement for an additional one (1) yearterm. 11 , 30 Termination and Severance Pa In the event Employee is nominated 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 an 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 his conviction of any illegal act involving personal gain m him, Nen Employer shall base no obligation in pay the aggregate severance sum designated in this paragraph or w 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-six thousand nine hundred fifty-three ($86,953.00) dollars (Executive Pay Grade 2, Step 4), payable in installments at the same time as other employees of me Employer are paid. B. Employer agrees to pay Employee's State of Maine Professional Engineering Registration License Fees. C. Employer agrees to handle future salary increases beyond Net outlined in A above in the same fashion as salary increases are handled for other Executive Use Employees. Section 5. Performance Evaluation A. On an annual basis, the City Manager anal Employee shall define such goals and performance objectives which they deem necessary for the proper operation of the Public Service 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 Public Services Director with the City. More fte pient 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 Ne above referenced goals and objectives. ii 230 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 Public Services Director shall be subject in the City's Personnel Rules and Regulations as they currently exist and as they may be modified from fine 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 ]. 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. 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 any alleged act or omission occurring in the performance of Employee's duties as Public Services Director. Employer will compromise and senle any such claim or suit and pay the amount of any settlement orjudgment tendered thereon. Secion 9. 8ondine Employer shall bear the full cost of my fidelity or other bonds required of the Employee under any law or ordinance. Section 10.Other Terms and Conditions of Emolovment The City Manager, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time m time, relating m 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. Employee agrees that should he sell his property in Holden, Maine, he would establish residence within the corporate limits of the City of Bangor and then would maintain residence in the City of Bangor for the term of his employment. Section 11. N Notices pursuarn 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 Atm: City Manager (2) Employee: _ Arthur B. Morgan 1148 Eastern Avenue Holden, Maine 04429 Alternately, notices required pursuant to this Ageement 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 oras of the data of deposit of such written notice in the course of transmission in the United States postal Service. Section 12. General Provisions A. The tent 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 June 27, 2011 or when Employee assumes the position as public Services Direcmr, whichever shall occur first. D. If any provision, or any portion thereof, contained in this Agreement is held uncorrstimtional, 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 bas caused this Agreement to, be signed and executed in its behalf by its Council Chairman, and duly attested by its City Clark, and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. BANGOR CITY COUNCIL BY: Catherine M. Conlow City Manager Ardar B.Morgan