Loading...
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 oym aT AeTeeoc^f a� V u8 108 +, L 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. os 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. 08 108 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 08 108