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HomeMy WebLinkAbout2004-09-13 04-283 ORDERCODNCILACrtON Item No 04-283 Date: 09-13-09 Item/Subject: Order, Confirming to Apppintrnent of Shawn Yardley as Director of Health and Welfare and Authorizing the City Manager W Execute an Employment Agreement Responsible Department: City Manager The recruitment process for the Director of Health and Welfare has been completed. Initial interviews for the poslticn were conducted by a panel composed of the City Manager, Assistant City Manager, Acting Director of Health and Welfare, and Housing Program Manager. Second Interviews were conductetl with finalist and included the padiapabon of Councilors Farrington and Palmer. As a result of this process, 1 have selected Shawn Yardley for this position. Mr. Yardley will come to this position with an extensive knowledge of and contacts wit to social service networ cs of bot the Stage and to Region. As a long- time resident of Bangor, he Is fully acquainted with the health and welfare challenges tat we face and uniquely suited to establish the coalitions and wonting relationships necessary W address Mese challenges. The attached order will confirm his appointment as grector of Health and Welfare and authorize an employment agreement (attached) with him. We anticipate tat he will begin work for the City on or about October 1. I recommend your approval. In ormation: Employment Agreement City Manager finance Director I X Passage First Reading Page _ of _ Referral _y AmiBIRRAWCOmcilOr paiiingtou September 13, 2006 CITY OF BANGOR -(iIfLE.) ORDER, Corlflrming the Appointment of Shawn Yardley as Director of Health and Welfare and Authorizing the City Manager WE to an,, Employment AgreerneM. By fhe oty Coom/ of GY ofBangar. ORDERED, THAT the City Manager's appointment of Shawn Yadley as Dire for of Health and Wetlme 6 Mreby confirmed and the Ory Manager is autborizeal to execute an employment agrewnent with him, a copy of which 6 attached hereto. IN Gin WMCIL t ' Septee6en 13. 2006 1 Notion Made aad Seconded #283 foicPassaBe Passe nnnrsn CITY CL �T�T� I,9 LTLELConfirni!= 6peof Wnt of Welfare and AUChoCfsivg [he City Naaager Aast9ned b Cayupncllkw W-283 THIS Agreement, made and entered Into this clay of September, 2004, by and between the Cm OF BANGOR (Penobscot County), State of Maine, a municipal corporation, hereinafter sometimes referred to as "Employer", and C. Shawn Yardley of Bangor, State of Maine, hereinafter sometimes referred to as "Employee'. WITNESSETH: WHEREAS, the City of Bangor desires to employ the service of said C. Shawn Yardley as Director of Health and Welfare 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 C. Shawn Yardley to perform the functions and duties of Director of Health and Welfare of the City of Bangor as specified under the Charter and the Ordinances of the Gty 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 time assign. Subject to the provisions contained herein, Employee shall serve a[ the pleasure of the City of Bangor. A. Employee agrees to remain in the exclusive employ of Employer until October 1, 2005, and neither to accept other employment nor to become 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 his position with Employer, upon silly (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 Manager 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 06-283 notice should the position of Director of Health and Welfare be eliminated by action of the Employers governing body. D. In the event written notice is not given by either party to this Agreement to the other sixty (60) days prior to October 1, 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 either parry hereto gives sixty (60) days written notice to the other party that the parry does not wish to extend this Agreement for an additional one (1) year term. In the event Employee is terminated by the Oty Manager 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 his duties under this Agreement, then in that event Employer agrees W 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 his conviction of any illegal act involving personal gain to him, Nen, 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 his services rendered pursuant hereto an annual base salary of Sixty-five thousand, two hundred and eighty-six dollars ($65,286) payable in installments at the same time as other employees of Ne 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 Manager and Employee shall define such goals and performance objectives as they deem necessary for the proper operation of the Health and Welfare 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 employment with the City. 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 which 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 Director of Health and Welfare shall be subject to the City s Personnel Rules and regulations as they currently exist and as they may be modified from time W time except where provisions of this Agreement modify or supersede the Personnel Rules and Regulations. Employee is currently involved with a number of volunteer agencies and organizations in varying capacities. Such service is permitted as long as it 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 organizations if determined not to be In the best interest or the Health and Welfare 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 Health and Welfare. Section ]. Vacation and Sick Leave Upon commencement of employment, Employee shall have one week of sick time and one week of vacation time credited to his personal account. Said times shall be avallable for Immediate use in accordance with established policies. Thereafter, Employee shall have sick leave credited to his 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 accrual schedule as other employees of Employer. Vacation leave may be taken by the Employee at any time so long as his absence does not unreasonably interfere with We operations of the CIty and such leave is approved in advance by the City Manager. p6-283 Section 8 Fringe Benefits Employer agrees W provide Employee with all categories of fringe benefits in the same amounts and coverages as are provided from time to time by Employer W 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 Director of Health and Welfare. Employer will compromise and settle any such claim or suit and pay the amount of any settlement or judgement rendered thereon. Section ID. Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Employee currently resides in Bangor, Maine and agrees to maintain residence within the corporate limits of the City during the term of his employment as Director of Health and Welfare. Section 12 Professional Development and Training Employer agrees to pay Health and Welfare related professional development, education, and training expenses, including memberships in appropriate Health and Welfare 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 City Manager, 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 other law. 06-283 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: C. Shawn Yardley 66 Grant Street Bangor ME 04401 Alternatively, whims 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 data 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 14, 2004, . and the Employee agrees to commence work on or before October 1, 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 mused this Agreement to be signed and executed in Its behalf by Its Gty 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.