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HomeMy WebLinkAbout2004-09-13 04-282 ORDERCOUNCIL Item RO. 94-282 Date: 09-13-04 Item/SubjeR: Order, Appointing Pam Dubois to Me Pos bon of City Clerk of Me City of Bangor and Authonzing the City Manager to Execute an Employment Agreement Responsible Department City Council Cpmmelrtary: The Personnel Committee of the City Council, two members from Me public, and the current City Clerk have concluded Interviews for MIs position and recommend m the foil Council that Patti Dubois be appointed to the position of City Clerk. The attached Order will make MIs appointment and aim authorize the Oty Manager, on behalf of the City Council, to execute an employment agreement with Patti Dubois, a mpy of which is also slashed. Department Head Manager's Comments:&alik//^ R �. City Manager Legal Approval Finance Director X Passage _ First Reading page _ of Referral n Assigned to Councilor Palmer September 13, 2004 CITY OF BANGOR CII E.) ORDER Appointing Patti Dubois to the Position of City Clerk of the City of - Bangor and Authonang the City Manager to ExecvR an Employment Agreement By Me Giry Cou t& of Me City of Evnga: ORDERED, THAT Patti Dubois is hereby appointed to the insurer of CBy (Dark of the CIN of Bangor in aaornanrz with the terms and conditions of the attached! Employment Agreement. The aty Manager Is hereby authorized!, on behalf of the aN of Bangor, to execute this employment agreement. 13 CIT4 TMCIL Septe�er 13� 2006 Ibtlov node evd Se ooded Eor Pesea8e Pas�sedgg CI'GY MW # 06-282 0 R b E R tTITL )Appo3yng Pditf W60Sto 8 the Haogor and Authorieiag the City N ager to AOT ➢omt Ary AssignedMCounallom PC?Y AM 04-282 EMPLOYMENT CONTRACT THIS Agreement, made and entered into this _ day of September, 2004, by and between the CIN OF BANGOR (Penobscot County), State of Maine, a municipal corporation, hereinafter sometimes referred to as "Employer", and Patti Dubois of Winslow, State of Maine, hereinafter sometimes referred to as "Employee". WITNESSETH: WHEREAS, the City of Bangor desires to employ the service of said Patti Dubois as City Clerk and Registrar of Voters 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 Patti Dubois to perform the functions and duties of City Clerk and Registrar of Voters 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 Council shall from time to time assign. Subject to the provisions contained herein, 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 September , 2005, and neither to accept other employment nor to became employed by any other employer so long as this Agreement shall be in effect. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from her position with Employer, upon sixty (60) 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 Council to terminate the services of Employee at any time upon sixty (60) days notice to Employee subject only to the provisions set forth in Section 3 of this Agreement. Employee may also be terminated upon sixty (60) days prior written OM282 notice should the position of City Clerk be eliminated by action of the Employer's governing body. D. In the event written notice is not given by either parry to this Agreement to the other sixty (60) days prior to September , 2005 , 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 ether party hereto gives sixty (60) 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 Pav In the event Employee is terminated by the City Council 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 her duties under this Agreement, then In that evert Employer agrees to pay Employee a lump sum cash payment equal to two (2) months' aggregate salary; provided, however, that in the event Employee is terminated because of her conviction of any illegal act involving personal gain to her, then, in that event, Employer shall have no obligation to pay the aggregate severance sum designated in this paragraph. Section 4. Salary A. Employer agrees to pay Employee for her services rendered pursuant hereto an annual base salary of Fifty-eight thousand, nine hundred and sixty-eight dollars ($58,968) 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 S. Performance Evaluation A. On an annual basis, the City Council and Employee shall define such goals and performance objectives as they deem necessary for the proper operation of the City Clerk's Office 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 Council shall review and evaluate the performance of the employee annually on or about the Employee's anniversary date of employment with the CRY. More frequent reviews may be held at the discretion of the City Council. Said review and evaluation shall be In accordance with the goals and performance objectives jointly developed by the City Council and Employee and the normal standards used to evaluate the performance of other City employees which are applicable to Employee's position. C. In effecting the provisions of this Section, Me City Council and Employee mutually agree to abide by the provisions of applicable law. D. Employee agrees and understands that the terms of her employment as City Clerk and Registrar of Voters 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. Oubaide Activities Employee shall not participate in any non -Employer connected business or employment without the prior approval of the City Council. Such approval shall not be unreasonably withheld as long as the employment in question does not conflict with Employee's duties and responsibilities as City Clerk and Registrar of Voters. Section Z Vacation and Sick Leave Upon commencement of employment, Employee shall have one week of sick time and one week of vacation time credited to her personal amount Said times shall be available for immediate use in accordance with established policies. Thereafter, Employee shall have sick leave credited to her personal account at the same rate as other employees of Employer. Employee will accrue vacation at the rate of two weeks for year one, three weeks per year commencing year two through completion of year six, and then will follow the established animal schedule as other employees of Employer. Vacation leave may be taken by the Employee at any time so long as her absence does not unreasonably interfere with the operations of the City and such leave is approved in advance by the Chair of the City Council. Section 8. Fringe eenefrts 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 except as noted elsewhere in this Agreement. Section 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 City Clerk and Registrar of Voters. Employer will compromise and settle any such claim or salt and pay the amount of any settlement orjudgement rendered thereon. Section to Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 11. Residency Employee currently resides in Winslow, Maine and Employer has not required Employee to relocate to Bangor. Employee agrees that if she should move from her current residence, Employee will establish permanent residence within the corporate limb of the City of Bangor, and then would maintain residence in the City of Bangor for the term of her employment as City Clerk. Section 12. Professional Development and Traindnn Employer agrees to pay City Clerk related professional development, education, and training expenses, including memberships in appropriate City Clerk's organizations, to the extent that such costs are budgeted and approved by Employer's governing body. Section 13, Other Terms and Conditions of Employment The qty Council, in consultation with the Employee, shall fix any such other terms 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 otherlaw. Section 14. 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: (1) Employer: City of Bangor 73 Harlow Street Bangor, ME 04401 Attn: City Manager 0x282 (2) Employee: Patti Dubois 1 Eaton Court Winslow, 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 Cmil 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 become effective commencing September, 2004, and the Employee agrees to commence work on or before September , 2004. 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 WITNESS WHEREOF, the City of Bangor has caused this Agreement to be signed and executed in its behalf by its City Manager, 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 written. BANGOR CITY COUNCIL By: Daniel ]. Tremble Mayor