HomeMy WebLinkAbout2008-02-25 08-108 ORDERItem M0.08 108
Date: 2-25-08
Item/Subject: Order, Confirming the Appointment of Tracy A. Willede as Director of Parks and
P.ecreatlon and Authorizing an Employment Agreement.
Re gionsibbe Department Gty Manager
Commentary:
Mr. Wiiletle was selected from among a field of 30 applicants for the position of Director of Parlor
and RECreaiWn. Six of the applicants were interviewed by a panel composed of the Qty
Manager, Assistant City Manager, Ken Hanscom, Brewer Director of Parks and Recreation, and
Council Chair Susan Hawes.
Mr. Wiilette has served as Bongoes Superintendent of Recreation since 1999. In this role, he
has been Instrumental in operating and supervising the CItVs recreation program and In
implementing a number of new or expanded programs including a new summer day camp, the
Beth Pancoe Aquatic Center, and expanded youth programming. Pftr m mming W Bangor, he
served! as Recreafian Coordiiwmr for one City of Waterville and as a Parks and Cemetery
Foreman with the City of Brewer. He is currently the President of the Maine Recreation and Park
Association. He holds a B.S. In Physical Education
Mr. Wlilette was selected due to his knowledge of our community and one department, his close
working relationship with the Parks and Recreation Advisory Board, and strong recommendations
from members of the community who support our pari¢ and use our recreational programs.
With his knowledge of the Department and his strong commitment W pari¢ and recreation
programming, Tracy Is well prepared to build on the Department's anent strengths and move it
forward.
Depammnt Head
Manager's Comments:
1 recommend your confirmation of this appointment and authodzagon for the attached
employmernagreement. ,Q ,r� /.�C�/I/
At/ei' /�ivQTty Manager
Budget Approval:
Fin nce Director
Legal Approved
ty Solicitor
X Passage
_First Reading Page _OF_
Referral
08 1.08
PssgnM to CUUMbt it erwhette February 25. 2008
CITY OF BANGOR
OTTLE.) ORDER, Confining the Appointment of Tracy A. Willette as Director of Part¢ and
Recreation and AUMorizirg an Employment Agreement.
BE R ORDERED BY THE QTY COUNCIL OF THE CRY OF BANGOR THAT
The appoinhnent of Tracy A. W llette as Director of Parks and Recreation is hereby confined
and the 2 ty Manager is authorized to enter Into an employment agreement with him, a copy of
Which is attached hereto.
IN CITY CO IL
February 25, 2008
Notion Node and Seconded
for Passage
Pass
CL®1
A OB -108 II
08088
Try,adI ation an A. as Director of ,'STks
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THIS Agreement, made and entered into this 2e day of February, 2008, by and
between the CITY OF BANGOR (Penobscot County), State of Maine, a municipal
corporation, hereinafter sometimes referred to as "Employee', and Tracy A. Willette of
Brewer, State of Maine, hereinafter sometimes referred to as "Employee".
WITNESSETH:
WHEREAS, the City of Bangor desires to employ the service of said Tracy A. Willette as
Director of Parks and Recreation 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 Tracy A. Willette to perform the functions and
duces of the Director of Parks and Recreation of the City of Bangor as specified under
the Charter and the Ordinances of the CM 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
tme 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 Employer until March 1, 2009
and neither to accept other employment nor to become employed by any other
employer so long as this Agreement shall be in effect, subject only to the provisions
set form in Section 7 of this Agreement.
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 wIDh the rlght
of the City Manager to temhinate the services of Employee at any time, subject only
to the provisions set form in Section 3 of this Agreement.
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D. In the event written notice Is not given by either parry to this Agreement to the
other thirty (30) days prior to March 1, 2009, this Agreement shall be extended on
the same terms and conditions providing for an additional tens of one (1) year.
Said Agreement shall continue thereafter for one (1) year periods unless either party
hereto gives thirty (30) days written notice prior to the expiration date of this
Agreement to the other parry that the parry does not wish to extend this Agreement
for an additional one (1) year term.
Section 3. Termination and Severance Pay
A. Termination at Contract Renewal Date. In the event that the Employee receives
notice of contract termination from the City Manager In accordance with the
requirements of Section 2. C. above, with such termination to be effective on the
annual contract renewal date, Employee shall continue to be compensated during the
notice period in accordance with the terms of this Agreement and shall receive a
lump sum severance cash payment equal to one (1) months' aggregate salary, such
lump sum payment due and payable on the terminatlon date of the contract, subject
to Section 3. C. below.
B. In the event Employee is terminated by the City Manager in a manner other than that
outlined in Section 3. A. above, and at such time that Employee is willing and able to
perform his duties under this Agreement, said termination shall be effective
Immediately, then, In that event, Employer agrees to pay Employee a lump sum
severance cash payment equal to two (2) months' aggregate salary.
C. In the event Employee is terminated because of his conviction of any illegal act
involving personal gain to him, then, in that event, Employer shall have no obligation
to pay the aggregate severance sums designated in this Section.
Section 4. Salary
A. Employer agrees to pay Employee for his services rendered pursuant hereto an
annual base salary of Sixty-four thousand and 0@y -one dollars ($64,051) 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 Executive Level Employees.
Section 5. Performance Evaluation
A. On an annual basis, the City Manager or his designee and Employee shall define
such goals and performance objectives as they deem necessary for the proper
operation of the Parka and Recreation Department and shall reduce said goals and
objectives to writing. They shall generally be attainable within the time limitations
speed and the annual operating and capital budgets and appropriations provided.
B. The City Manager or his designee shall review and evaluate the performance of the
employee annually on or about the Employee's anniversary date of promotion to the
position of Director of Parks and Recreation with the City. More frequent reviews
may be held at the discretion of the City Manager or his designee. Said review and
evaluation shall be in accordance with the goals and performance objectives jointly
developed by the City Manager or his designee and Employee and the normal
standards used to evaluate the performance of other City employees that are
applicable to Employee's position.
C. In effecting the provisions of this Section, the QtyManager or his designee and
Employee mutually agree to abide by the provisions of applicable law.
D. Employee agrees and understands that the terms of his employment as Director of
Parks and Recreation shall be subject to the City's Personnel Rules and Regulations
as they curently 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 is encouraged to become Involved with volunteer agencies and organizations
in the community to the extent that such involvement does not conflict with Employee's
duties, Employee shall keep the City Manager Informed of those organizations with
which he is affiliated, and the City Manager may direct Employee to discontinue
involvement In such organizatons If determined not to be in the best interest of the
Parks and Recreation Department or the City of Bangor.
Employee shall not participate In any non-Employer connected business or employment
without the prior approval of the City Manager. Such approval shall not be
unreasonably withheld as long as the employment in question does not conflict with
Employee's duties and responsibilities as Director of Parks and Recreation.
Section 7. Frinae 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.
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Section S. 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 ad or omission occurring in the performance of
Employee's duties as Director of Parks and Recreation. Employer will compromise and
settle any such claim or suit and pay the amount of any settlement orjudgement
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.
Section 10, Residency
Employee agrees that should he sell his property In Brewer, Maim, he will establish
residence within the corporate limits of the City of Bangor and then will maintain
residence in the City of Bangor for the term of his employment.
Section 11. Professional Development and Trainirm
Employer agrees to pay Parks and Recreation related professional development,
education, and training expenses, including memberships In appropriate professional
organizations, to the extent that such costs are budgeted and approved by Employer's
governing hotly.
Section 12, Other Terms and Conditions of Employment
The City Manager, in consultation with the Employee, shall fix any such other terns 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 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:
(I) Employer: City of Bangor
73 Harlow Street
Bangor, ME 09901
Atm: City Manager
08 .108
(2) Employee: Tracy A. Willette
96 Grove Street
Brewer, Maine 09912
Alternatively, 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.
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 helm at law
and executors of Employee.
C. This Agreement shall become effective commencing February 26, 2008 or when
Employee assumes the position of DlreLtor of Parks and Recreation, 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 WRNFSS WHEREOF, the City of Bangor has caused this Agreement to be signed and
executed in its behalf by Its City Manager, and duly allocated by Its City Clerk, and the
Employee has signed and executed this Agreement, both in duplicate, the day and year
first above written.
Clry OF BANGOR
By:
Edward A. Barrett
City Manager
By:
Tracy A. Wlllette
ATTEST:
City Clerk (Sea])
APPROVED AS TO FORM:
City Solititor
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