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
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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
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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.
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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.
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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.