HomeMy WebLinkAbout2001-12-26 02-67 ORDERWhen Dx ber 26, 2001
Item/Subject: Order, Confirming the City Manager's Appointment a Rebeeta Hupp as Nrpert Director.
Responsible Department: City Manager
The attached Order will Confirm the City Manager's appointment of Rebecca Hupp as Airport
Director.
Ms Hupp is currently the Acting Director of Bangor International Airport, having assumed
this position when the prior Director, Bob Ziegelaar, left the City at the end of April to take a
position in the private sector. Ms. Hupp has served as Assistant Director at BGR since July
2000. Pnor to coming to Bangor, she served as Airport Manager of the Aberdeen Regional
Airport in Aberdeen, South Dakota and in a variety of positions with Kansas City
International Airport. She holds a Bachelor of Science in Aviation Management and a
_--Masters-in Business Administration. - --- --- —__ _
His Hupp was the unanimous choice of an interview panel composed of the City Manager,
Assistant City Manager, and Director of Business and Economic Development. Councilors
Farrington and Council Chair Crowley also participated in the interview process.
I recommend your approval of this appointment
Depararent Head
Manager's Comments: J
Cgy Manager
Assoria[etl InfarmaBon:ONtt, Cantrell
Budget Approval
France Director
Legal Approval:
Dry IicHor
Introduced for T
X passage
_ First Reading page_ a
Referral
02-6)
A upodwcdvnwlor Farrington December 26. 2001
P0
CITY OF BANGOR
(TULE.) Order, Confirming the City Manager's Appointment of Rebecca Hupp as Airport Director.
8y the CayCbunal of Me Cay ofAvW..-
ORDERED,TRAT
The City Manager's appointment of Rebecca Hupp as Airport Dimctor is hereby confirmed with
an effective date of December 24, 2001. The City Manager Is authorized to execute an
employment agreement with Rebecca Hupp substantially in the form of the attadted
agreement, subject to final approval by the City Soliciter.
IN CITY COUNCIL
Decemb=r 25, 2001
Marion Made and Seconded to
Suspend the Ruler to
Consider this Order prior to
Discussion am Vote on the
Unfinished Business Section
of the Agenda
Motion Passed
Rules Suspended
Motion Made and Seconded
for Passage
Passed
ITY
H 02E7
(TITLEJco,fi,mi,, the City manage
Appointment of Rebecca Rupp as Airport
Director
L
(631903Ub CWWiIOI
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THIS Agreement, made and entered into this_ day of
2001, by and between the CITY OF BANGOR (Penobscot County), State of Maine, a
municipal corporation, hereinafter sometimes referred to as "Employer", and Rebecca Hupp of
Harmon, State of Maine, hereinafter sometimes refered to as "Employee".
WITNESSETH:
WHEREAS, the City of Bangor desires to employ the service of said Rebecca Hupp as
Airport Director of the City of Bangor; and
WHEREAS, the parties have reached Agreement as W the benefits, conditions of
employment, and working conditions of said Employee;
NOW, THISEFORE, in consideration of the mubral dovxiants herein conte, One
partes agree as follows:
Section 1. Dulles
Employer hereby agrees to employ said Rebecca Hupp m perform the functions and
duties of Airport Director 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 Gty Manager and/or Director of Business and Economic
Development shall from Erne 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 January 1, 2003
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 her position with Employer, upon thirty (30) days notice
to Employer, subject only to the provisions set forth in Section 3 of this Agreement.
C. During the original term of this agreement, Employee may be terminated only upon
thirty (30) days prior written notice, which notice shall Include a statement of the )ob related
misfeasance or other muses far such termination. Employee may also be terminated upon thirty
(30) days prior written notice should the position of Airport Director be eliminated by action of
the Employer's governing body. Following the original one (1) year term of this Agreement, this
Agreement may be terminated by the Employer for muse or as provided in Section 2 D below.
D. In the event written notice is not given by either party to this Agreement to the other
thirty (30) prior W January 1, 2003, this Agreement shall be extended on the same terns and
conditions providing for an additional term of one (1) year. Said Agreement shall continue
thereafter for ane (1) year periods unless either party hereto gives thirty (30) days written
notice to the other party that the party does not wish to extend this Agreement for an additional
one (1) year tens.
03-6]
In the event Employee is terminated by the Director of Business and Economic
Development with the concurrence of the City Manager during or at Me expiration of the
aforesaid term of employment, or during airy extension thereof, and during such time that
Employee is willing and able to perform her duties under this Agreement, then in that event
Employer agrees M pay Employee a lump sum cash payment equal to we (1) months'
aggregate salary; provided, however, that In the event Employee is terminated because of her
conviction of any illegal act involving pensonal gain to herself, then, in that even[, Employer shall
have no obligation M 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 Sixty-six thousand four hundred sixty-nine dollars ($66,467, 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 Leve.' Employees.
Section 5. Performance Evaluation
A. On an annual basis, the Director of Business and Economic Development and
Employee, in conjunction with the City Manager, shall define such goals and performance
objectives as they deem necessaryfor the proper operation of the Airport 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 Director of Business and Economic Development 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 a[ the discretion of the Director of
Business and Economic Development. Said review and evaluation shall be in accordance with
the goals and performance objectives jointly developed by the Director of Business and
Economic Development and Employee and the normal standards used to evaluate Me
performance of other City employees which are applicable to Employee's position.
C. In effecting the provisions of this Section, the Director of Business and Economic
Development and Employee mutually agree m abide by the provisions of applicable law.
D. Employee agrees and understands that the terms of her employment as Airport
Director shall be subject to the City's Personnel Rules and regulations as Mey 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 Aedv'ties
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 Airport Director. Employer specifically recognizes that Employee is a member
of the United States Army Reserve and authwires employee to fulfill the duties and obligations
of such membership subject to the provisions of Sections 7.10.3 and 7.10.4 of the Personnel
Rules and Regulations of the City of Bangor.
Section J Relaxation Expenses
Employee shall be reimbursed for closing costs associated with the sale of her home in
Hermon, Maine, and for moving expenses to Bangor in an amount not to exceed $10,000.
Employee shall establish residence within the corporate limits of the City of Bangor on or before
January 1, 2004.
Section 8. Vacation and Sick Leave
Employee shall have r. Employee
to her personal credited sick leave at the same rate as
other employees of Employer. Employee shall have credited to
to her personale City, fifteen (15)
days of vacation per year for the first six d o full years of employment with the City, or a
computation of years to IncludeTberea the period of employment asassistantsame rate as omen em and
Acting Airport Director. Thereafter, vacation shall accrue at Employee
a same rate as other employees of
the Employer. Vacation leave maybe taken by the Employee at any time so long as her absence
does not unreasonably r of Busi with the operations of the City and such leave is approved in
' advance by We Director of Business and Economic Development.
Section 9 Fringe Benefits
Employer agrees to provide Employee with all categories of binge 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 10 Redrement
In addition to the salary to be paid by Employer to Employee, Employer agrees to pay
Into the ICMA401-A program an amount equal to 8.0% of salary.
Section 12 Ammobil
In addition to the basic salary, Employer shall pay employee a monthly vehicle allowance
of Two Hundred and Fifty ($250) dollars in lieu of a motor vehicle furnished by the City.
Employee shall be responsible for paying for liability, property damage, and comprehensive
insurance and for the purchase, operation, maintenance and repair of her vehicle. This Section
shall not preclude Employee's use of a City -owned vehicle from time to time as may be
necessary and appropriate to fulfil her duties.
F�tT.f Y1� T.1:mtd3IYSd
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 o=aring in the performance of Employee's dudes as
Airport Director. Employer will compromise and settle any such claim or wit and pay the
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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.
Section 19 Cther Terms and Conditigas of EmplovnneM
The City Manager, in consultation with the Employee and the Director of Business and
Economic Development, shall fur any such other terms and conditions of employment, as may be
determined from time to time, relating W 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 15. ha['ces
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: City Manager
(2) Employee: Rebecca Hupp
88 Smith Road
Hermon, Maine 09901
Nternatively, natters required pursuant to this Agreement may be personally served in
the same manner as is prescribed for persmal 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 data of
deposit of such written notice in the course of transmission in the United States Postal Service.
Section 16, General Prons'ons
A. The text herein shall constitute the entire Agreement between the parties.
B. This Agreement shall be binding upon and more to the benefit of the heirs at law and
executors of Employee.
C. This Agreement shall become effective commencing January 1, 2002 or when
Employee assumes the position of Airport Director, whichever shall occur first.
D. If any provision, or any portion thereof, contained in Ihis Agreement is held
unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof,
shall be deemed severable, shall net 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 Oe , and the Employee
has signed and executed! this Agreement, both in duplicate, the day and year first above written.
CITY OF BANGOR
By:
ATTEST:
City Cleric (Seal)
APPROVED AS TO FORM:
City Solicitor
Edward A. Barrett
City Manager
Rebecca Hupp
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