HomeMy WebLinkAbout2006-12-12 06-037 ORDERCOUNCILAMON
Item N
Date: 12-12-05
Item/Subject: Order, Authorizing the Chair of the Bangor Clay Council to Execute an Employment
Agreement Between the City of Bangor and Edward A. Barrett, City Manager.
Resoons'bie Department CN Council
Commentary:
The City Council has recently completed the annual evaluation of the City Manager. As a result of
that process, an updated employment agreement has been prepared that incorporates revised terms
and conditions of employment as well as a number of amendments Nat were made to the prior
agreement between the City and the Manager since it was last completely updated in 1999.
The evaluation and revised employment agreement were developed under the recently adopted City
policy governing Ne evaluation of Coundl appointees and have been reviewed! by the full Coundl.
Department Head
Manager's Comments:
l 68
City Manager
Aamciated Information:
Budget Approval: / e
AX% !<.ate!�—
Finance Director
Legal Approval:
M5 for
Introduced
Passage
_ First Reading page_ Of
Referral
06 037
._ A iyg roComwilor farriv ton December 12, 2005
e M1:�er
CITY OF BANGOR
(TITLE.) Greer, A odzirg the Chair of the Bangor City Council to Execute an Employment
Agreement Between the City of Bargor and Edward A. Barret, Cry Manager.
By Me Ory Cousi ofth O[y of Barges:
OBDMEDr that
Council Chair John H. Ashwell, ID is hereby authorized to execute an employment agreement, a copy
of which is attadred hereto, b ween the Cry of Bangor and Edward A. Barrett, City Manager.
IN �I1R MMUL
Oec Ger 12, 2005
" Maxiou Made and Seconded
foraeeage
Pea d
IR CL
q 06-03]
,g AutMrlalug the Chair of the Bangor
�yyylCity Council to Execute an Euployuant
ASteemot Beteeea the City of Hangar and
Edward A. Barrett, City Manager
06-03)
EMPLOYMENFAGREEMENT
THIS AGREEMENT, made and entered Into this thet � day of . Cc Fm
2005, by and between the a OF BANGOR (Penobscot County), State of lilanne, a municpal
corporation, hereinafter sometimes referred W as "Employer," and Edward A. Barrett of Bangor,
State of Maine, hereinafter sometimes referred to as "Employee."
WRNESSERt:
WHEREAS, the Ory of Bangor originally employed the services of said Edward A. Barrett
as Cry Manager of are City of Bangor under an employment agreement dated February 3, 1988;
and
WHEREAS, over the years, this employment agreement has been amended on several
occasions; and
WHEREAS, the parties have reached agreement as to the benefits, conditions of
emWoyment, and working conditions of said Employee; and
WHEREAS, It is In the interest of both parties to revise the original employment
agreement W refied prior changes and current agreements.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
Employer hereby agrees to employ said Edward A. Barett to perform the functions and
duties of qty Manager of the Oty of Bangor as specified under the Charter and the Ordinances
of the City of Bangor and the Taws of the Rate of Maine, and to perform such other duties and
functions as the Council shall from time to time assign.
Section 2. Term
A. Nothing in this agreement shall prevent, limit or otherwise Interfere with the right of
the Counal W terminate the services of Employee M any time, upon one hundred eighty (180)
days notice to Employee, subject only to the provisions set forth in Section 3 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) clays notice
W Employer, subject only to the provisions set forth in Section 3 of all agreement
C. Employee agrees to remain in the exclusive employ of Employer until September 30,
2008, and neither to accept other employment nor W become employed by any other employer
so long as this agreement shall be in effect.
O. In the event written notice is not given by either parry to this agreement W Me other
one -hundred eighty (180) days prior m September 30, 2008, this agreement shall be evfended
on the same terms and conditions providing for an additional term of one (1) year. Said
agreement shall continue thereafter for one-year takes unless either parry hereto gives one -
hundred eighty (180) days written notice W the other party that the party does not wish to
extend this agreement for an additional acre (1) year term.
06-03]
Secbbn3 Termination and Severance Pary
In the event Employee Is terminated by the Council before expiration of the aforesaid
term of employment, or 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 m
pay Employee a lump sum cash payment equal to six month's aggregate salary. All other
Employer providetl benefits shall continue in full force and coverage for this six month period. In
the event Employee is terminated because of his conviction of any illegal aft involving personal
gain to him, them 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 or the Personnel Rules and Regulations of the City of
Burger.
Seotion4. Salary
A. Effective July 1, 2005, Employer agrees to pay Employee for his services rendered
pursuant hereto an annual base salary of one hundred four thousand two hundred twenty-eight
($104,228) dollars, payable in installments at the same tlme as other employees of the Employer
are paid.
B. Employee agrees to increase said base salary and/or other benefits of Employee In
such amounts and m such extent as the Council may determine that It Is desirable to do so on
the basis of an annual salary review of said Employee.
A. The Council shall review and evaluate the performance of the Employee on or about
September 30, 2006 and at least every twelve (12) months thereafter. Said review and
evaluation shall be in accordance with specific criteria developed jointly by Employer and
Employee. Said criteria may be added to or deleted from as the Council may from tlme to time
determine, in consultation with the Employee. Further, the Council shall provide the Employee
with a summary written statement of the findings of the Council and provide an adequate
opportunity for the Employee to discuss his evaluation with the Council.
B. Annually, the Council and Employee shall define such goals and performance
objectives which they determine necessary far the proper operation of the City and in the
attainment of the Council's policy objectives and shall further establish a relative priority among
those various goals and objectives, said goals and objectives to be reduced to writing. They
shall generally be attainable within the time limitations as specified and the school operation
and capital budgets and appropriations provided.
C. In effecting the provisions of this Section, the Council and Employee mutually
agree to abide by the provisions; of applicable law.
Section 6. Outside Activities
Employee shall not participate in any non -Employer connected business or employment
without the prior approval of the Council.
Employee shall have credited to his personal account sick leave at the same rate as other
employees of Employer. Employee shall have credited to his personal account twenty (20) days
of vacation annually. 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.
Becton S. Life Ine crams. Other Fringe Benefits
A. Employer agrees to pay to required premiums on a term life insurance policy equal
in an amount to one, (1) times the annual gross salary of Employee.
B. Employer agrees to provide Employee with all other categories of fringe benefits In
the same amounts and coverages as are provided from time to time by Employer to other
employees of the Cry of Burger.
C. Employer agrees to provide Employee with a monthly expense allowance of One
hundred ($100) Dollars to cover miscellaneous out-of-pocket expenses incurred by Employee on
Cityrelatedbusiness. Employee need not submit receipts for the purpose of documenting such
expenses.
In addition to the salary to be paid by the Employer to Employee, Employer agrees to pay
into the retirement and/or deferretl compensation program of Employee's choice an amount
equal to 15% of Employee's base pay. Such payments shall be made in proportionate amounts
each pay period. Employer agrees, to the Went allowed, to transfer ownership In such plans to
succeeding employers upon Employee's resignation or discharge. Said amounts shall be in
consideration of the Employee not participating In the Maine State Retirement System. In the
event competent legal authority shall determine that Employees participation In the Maine State
Retirement System is requiretl by applicable law, and for so long as the Employee shall
participate as a member of the Maine State Retirement System, the Employer shall have no
obligation to make the additional payments provided in this section.
Employer agrees to budget and to pay for the professional does and wbscriptions of
Employee necessary for his continuation and full participation in Maine Town and City
Management Association, International Cry Management Association, and National League of
Cities.
A. Employer hereby agrees to budget for and to pay the travel and subsistence expenses
of Employee for professional and official travel, meetings and occasions adequate to continue to
professional development of Employee and to adequately pursue necessary official and other
functions for Employer, including but not limited to the Annual Conference of international City
Management Asscemolon, the Maine Municipal Association and such other national, regional,
state and local governmental groups and committees thereof which Employee serves as a
member.
B. Employer also agrees to budget and to pay for the travel and subsistence expenses of
06-03]
Employee for short courses, institutes and seminars that are necessary for his professlo ail
development and for the good of the Employer.
Section 12. Automobile
In addition to the basic salary, Employer shall pay Employee Three hundred eighty-eight
($388) dollars per month as a car allowance in lieu of a motor vehicle furnished by the City.
Employee shall be responsible for paying for (lability, property damage and comprehensive
Insurance and for the purchase, operation, maintenance, and repair of his vehicle.
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 domes as
CityManager. Employer will compromise and settle any such Balm or suit and pay the amount
of any settlement or judgement rentlered thereon.
Section 14. Bondim
Employer shrill bear the full cost of any fidelity or other bonds required of the Employee
under any law or ordinance.
The Council, in consultation with the City Manager, shall flx any such other terms and
conditions of employment, as it may determine 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 City Charter, or any other law.
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, ME 09901
Attn: Council Chair
(2) Employee: Edward A. Barrett
370 Grandview Ave
Bangor, ME o990I
Alternatively, notices required pursuant to this agreement may be personally served in the same
manner as is prescribed for personal service of process under the Maine Rules of Civic
Procedure. Notice shall be deemed given as of the date of personal service or as of and data of
deposit of such written notice in the course of transmission In the United States Postal Service.
A. The textherein shall constitute the entire agreement between the parties.
B. This agreement shall he binding upon and Inure to the benefit of the helm at law and
executors of Employee.
C. This agreement shall become effective commencing July 1, 2005.
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 deemetl severable, shall not be affected and shall remain In full force and effect.
IN WITNE55 WHEREOF, the City of Bangor has caused this agreement to be signed and
e<ecuted in its behalf by its Council Chairman, 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 enter.
tATTESf
City Uerk(Seal)
BANGOR C11N COUNCIL
_� 1'�� ��\�l Chairman
11111T, sIff.1111,