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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 NWi � 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 02-6J 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 0x-67