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HomeMy WebLinkAbout2007-04-23 07-157 ORDERItem NO, Darr. 4234)7 07 151 Rem/Subject. Order, Confirming thearyManagers Appointment of Ronald K. Gastia as Chief of Police and Authorizing the Execution of an Employment Agreement Responsible Department: City Manager Commentary: Mr. Gastia is a twenty-four year veteran of the Bangor Police Department who currently serves as the Department's Services Lieutenant. He began his Bangor career as a Patiol Officer in December 1982 anti subsequently sewed as a Criminal Investigator from 19M to 1995, a Patrol and Detective Sergeant from 1995 to 2001, and as a Patrol Lieutenant in 2001 and 2002. Lt. GaAs was Me dep irdeart's project manager during the construction of its new headquarters on Main Street. He Is a resident of Bangor. Mr. Gastia was selectetl from a field of over 4 applicants, five of whom were interviewed for the fashion by a panel composed of Me City Manager, Assistant City Manager, Councilor Hawes, and Brunswick Police Chief levy Hinton. A number of other Councilors faiticipated in the Interview process. Ran is intimately knowledgeable of our Police Department and our community and has the energy and commitment necessary m meet the demands of this position. 1 respectfully request your confirmation of this appointment Department Head Finance Director X Passage _ First Reading Page _of _ Referral 0T 15i � S;w ei. AssiguN to Cwnula Haves April 23, 2007 CITY OF BANGOR (TITLE.) order, Confirming the qty Managers Appointment of Ronald K. Gastla as Chef of Police and Authorizing the Execution d an Employment Agreement BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT The City Managers appointment of Ronald K. Gastia as Chief of Police is hereby confirmed and Me City Manager is authorized to execute an Employment Agreement with him, a mpy of which is attached hereto. I CITT COOPCIL April 23. 200) entfao endo satd seeanded far P"a ge K W-19 OHHRH (Im gJConfi.nine [Re fi[v Mn Bees AppoL^r, t of Ronald &. GasH.a as f P lV o nA p R i ffiemtinv of av EmplOyaen[ pgreeomt Avip to Caomilor II1P4 ✓ 1 07 157' THIS Agreement, made and entered into this 24° day of April, 2007, by and between the CITY OF BANGOR (Penobscot County), State of Maine, a municipal corporation, hereinafter sometimes referred In as "Employer", and Ronald K. Gastia of Bangor, State of Maine, hereinafter sometimes referred to as "Employee". WRNESSETH: WHEREAS, the City of Bangor desires to employ the service of said Ronald K. Gastia as Chief of Police 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 covemants herein contained, the parties agree as follows: Section 1. Duties Employer hereby agrees to employ said Ronald K. Gastia to perform the functions and duties of the Chief of Police 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 dudes and functions as the City Manager shall from time to time assign. Subject to the provisions contained hereln, Employee shall serve at the pleasure of the City of Bangor. Section 2. Term A. Employee agrees to remain in the exclusive employ of Employer until May 1, 2008 and nether 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 forth 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 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 provislons set forth in Section 3 of this Agreement. 07' WT D. In the event written notice is not given by ether parry to this Agreement to the other thirty (30) days prior to May 1, 2006, 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 periods unless either parry hereto gives thirty (30) days written notice to the other parry that the party does not wish to extend this Agreement for an additional one (1) year term. Section 3. Termination and Severance Paw A. Initial Term. In the event Employee is terminated by the City Manager during Me original one year tens of his employment and prior to Employee completing twenty- five (25) years of service with the City and during such time that Employee is willing and able to perform his duties under this Agreement, and should such termination be made without cause or for cause which would not justify Employee's termination should he have remained as a Police Lieutenant Employee shall have the option of returning to the position of Police Lieutenant at the base salary in accordance with the top step of the salary schedule for the Lieutenant postion or to accept one month's severance pay and leave City service. In the event the termination is for a cause which would justify the Employee's termination should he have remained In the position of Police Lieutenant, Employee will be terminated from City service and be paid a lump sum cash payment equal to one (1) month's aggregate salary. B. In the event Employee is terminated by the City Manager during the initial year of employment but after employee has completed twenty-five (25) years of service with the City or at the expiration of the aforesaid term of employment, or during any extension Hereof, and during such time that Employee is willing and able to perform his duties under this Agreement, than, In that event, Employer agrees M pay Employee a lump sum cash payment equal to one (1) months' aggregate salary. C. Should the Employee be terminated at any time 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 sum designated in this Section. Section 6. Salary A. Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of Seventy-nine thousand seven hundred fifty dollars ($79,750) 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 Exe love Level Employees. 07 157 Section S. Performance Evaluation A. On an annual basis, the City Manager and Employee shall define such goals and performance objectives as they deem necessary for the proper operation of the Police Department and shall reduce said goals and objectives to writing. They shall generally be attainable within the time limitations specified and the annual operating 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 anniversary date of promotion to the position of Police Chief with the lady. 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 that are applicable to Employee's position. 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 terms of his employment as Police Chief 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 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 dudes. 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 organlzations'd determined not to be in the best interest of the Police 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 Police Chief. 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. 07 157 Section 8. Citv Vehicle and Interim Travel Reimbursement Employer shall provide Employee with a motor vehicle, including associated communications and emergency response equipment, to be used by Employee for official duties only. Recognizing that the Employee's position as Police Chief may require frequent call backs and responses after normal working hours, Employee is authorized to use this City provided vehicle to travel to and from his residence; however, this vehicle shall net be used for purposes other than those directly associated with Employee's duties as Police Chief. Prior to the point at which such vehicle is provided, Employee shall be reimbursed at the City's standard mileage rate for any City - business related travel undertaken in his personal vehicle. ction 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 an alleged act or omission occurring in the performance of Employee's duties as Police Chief. Employer will compromise and settle any such claim or suit and pay the amount of any settlement or judgement rendered thereon. Employer shall bear the full cost of any Fidelity or other bonds required of the Employee under any law or ordinance. ection 10. Residen Employee currently resides in Bangor, Maine and agrees to maintain residence within Me corporate limits of the City during the term of his employment as Police Chief. Section 11, Vmfessional Development and Tramina Employer agrees to pay Police related professional development, education, and training expenses, including memberships in appropriate Police organizations, to the extent that such costs are budgeted and approved by Employer's governing body. In addition, Employer agrees to reimburse Employee for education related expenses associated with courses Employee may take required be complete his Bachelor of Science Degree in Criminal Justice from Husson College. Employer also acknowledges that Employee is scheduled M attend the Federal Bureau of Investigation National Acedemy in the fall of 2007. Employer specifically supports Employee's participation in this Academy and shall pay the costs associated with this training and make the necessary arrangements be allow Employee to attend. 07 157 Section 12. 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 may be detemlined 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 04401 Attn: City Manager (2) Employee: Ronald K. Gastia 1868 Ohio Street Bangor ME 04401 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 data 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 beco ne effective commencing April 24, 2007 or when Employee assumes the position of Chief of Police, 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. G7 157 IN WITNESS WHEREOF, the City of Bangor has caused this Agreement to be signed and executed in its behalf by its City Manager, and duty attested by its City Clerk, and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. CIN OF BANGOR By: Edward A. Barrett City Manager By: Ronald K Gasda ATTEST: CM Clerk (Seal) APPROVED AS TO FORM: City Solicitor