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HomeMy WebLinkAbout2002-03-13 02-131 ORDERItem No, 03-131 Date: March 13, 2002 Item/Subject Order, AuthuriziN the City Manager m enter into an Employment Agreement with Harry B. Courtuis Responsible Deperhnent: 6recutive Harry Courtois, labor Relatons Officer for the Cty for the past 6 years is retiring on March 31a. Harry has a ressed an interest In continuing with the City for another year to year and one -haw on a part-time basis, undertaking labor relations duties and tasks. This arrangement would be beneficial to the City as Harry could complete collective bargaining with the 3 Unions whose contracts eyim this spnng, assist with other labor Relations matters over the red 15-18 months, and provide necessary transition assistance fur a new labor Relations Officer in the Fall of 2003. The Agreement covers the terns and conditions of this arrangement, which will end no later than October 31, 2003. A mpy of the Completed agreement is attached to this Order. I would recommend approval of this Order. Departrnent Head Manager's Comments: mdG Oty Manager Associated Information: Order, Memorandum, Employment Agreement Budget Approval: Rnance Director Introduced for -K tannage _ First Reading Page_ of Referral a2-131 designed to Co ciloz aaldaeci March 13, 2002 CITY OF BANGOR (TRLE.) Order, Authorizing the City Manager to enter into an Employment Agreement with Harry IL Courtols for Labor Relations Services By the CRy Coundy of th City of Bangor: ORDERED, THAT, the City Manager is authorized to enter Into an employment agreement with Harry R. Courtois for the purpose of providing a variety of Labor Relations services to the City of Bangor, as more fully described in the attached agreement. IN CITY COUNCIL March 13. 2002 Motion Made and Seconded for Passage Peelle CLEHf: 02-131 ORDER Title, Authorizing the City Manager to Enter Iain an Employment Agreement with Harry E. Courtois for Labor 6elatfana services Assigned to A 1• 02-131 To: Members of the Bangor City Council From: Robert W. Farrar, Assistant City Manager Subject: Upcoming personnel Changes Date: January 31, 2002 For informational purposes, I wanted to advise the Council of two upcoming personnel changes involving employees with whom the Council has had a close working relationship: Harry Courto's, labor Relations Officer: Harry will be retiring from his full-time position on Marti 31a' Harry has been with the City since 1996 and has done a great job with our 11 Unions. The good news is that Harry has agreed to remain with the City on a part-time basis to assist us with the 3 upcoming labor contracts (Fire and BIA Ramp Employees and Dispatchers/Weather Observers) and various other labor related duties and tasks. Harry and 1 are in the process of finalizing the details of the arrangement, which will extend through approximately June 30, 2003. There are no labor contacts expiring next spring (2003) but 8 will expire the following year. I anticipate refilling the position on a permanent basis early in the fall of 2003 to prepare for contract negotiations in the winter/spring of 2004. This part-time arrangement over the next IS months or so will work well for both Harry and the City and will assist tremendously during this transitional period. Jackie Ouellette Secretary City Manager's Office: Jackie has accepted the recently vacated secretarial/clerical position in the Engineering Department working for Jim Ring and office staff. This was a promotional opportunity for her and allowed her to use her many years of engineering office experience. Jackie had been with us for the last seven months. The process to fill this position has already commenced. She will continue to assist In our office during the transition, particularly with the local government access channel and taping of Council meetings. I anticipate she will assume her new position within the next two weeks or so. Should any Councilors have any questions conceming these developments, please feel free to contact me a[ your convenience. cc: City Manager oz -131 THS AGREEMENT, made and entered into this day of March, 2002, by and between the CHY OF BANGOR (Penobscot County), State of Maine, a municipal corporation, hereinafter sometimes referred to as "Employee', and HARRY COURTOIS, of Hampden, Maine, hereinafter sometimes referred to as "Employee." WITNESSETH: WHEREAS, the City of Bangor desires to employ the services of said Harry Courtois for a fixed term as Labor Relations Officer to the City of Bangor, and WHEREAS, the parties have reached agreement w 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 Harry Courtois to perform the functions and duties as Labor Relations Officer. Employce's primary duties shall include, but not be limited to: negotiating collective bargaining agreements; grievance hearings and resolution; labor management meetings, as needed; drug and alcohol testing, reporting and related tasks; other union matterstissues requiring assistance or involvement of Labor Relations Officer. Employee agrees to assist the City with transition to a permanent Labor Relations Officer at the end of the contract period. Position shall continue to report to Assistant City Manager. Section 2. Term Employee shall be employed commencing April 1, 2002 through June 30, 2003 or until the City fills the position on a permanent basis, whichever is later, but not to exceed October 31, 2003. 02-131 Section 3. Salaryand Payment Employee shall be paid on an hourly basis at a rate of $50/hour for each hour engaged in the duties described above. The City will withhold State and Federal faxes and FICA tax. Requests for payment of hours worked and reimbursable expenses shall be made at least on a monthly basis to the Assistant City Manager. Section 4. Terms and Condition ofEmplovment Employee agrees and understands that the terms of his employment as Labor Relations Officer to the City of Bangor shall he 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 5. Outside Activities Employee shall be permitted to participate in other labor relations employment opportunities or businesses with notification to the Assistant City Manager. Such work shall be permitted as long wit does not conflict with Employee's duties and responsibilities as Labor Relations Officer. Section 6. Frinae Beaeffts Employee shall be eligible for those benefits afforded to employees classified in Section 3.3.4 of the City's Personnel Rules and Regulations, Project Employment including Social Security Coverage. Mileage reimbursement at the City's established rate (currently 29 cents per mile) will be made for travel necessary from Employee's home to Bangor. Section 7. Ownership of work Products. Materials andRelated Documents. Employee agrees that all work papers, products, computer disks and files and materials and documents related to the performance of Employee's duties as Labor Relations Officer are the property of the City of Bangor. 02-131 Section 8. 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 set or omission occurring in the performance of Employee's duties as Labor Relations Officer to the City of Bangor. Employer will compromise and settle any such claim or suit and pay the amount of my settlement mjudgment rendered thereon. Section 9. Bonding Employer shall bear the full cost of my fidelity or other bonds required of the Employee under any law or ordinance. Section 10. Other Terms and Conditions of Employment The Assistant City Manager, in consultation with the Employee and City Manager, shall fix any such other terns and conditions of employment as may be determined from time to time relating to the performance of Employee, provided such terns and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Charter or any other law. Section 11. 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 Attention: City Manager (2) Employee: Harry R. Courtois 10 Coldbrook Road Hampden, ME 04444 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 Civil Procedure. Notice shall be deemed given 02-131 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 12. General Provisions 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 April 1, 2002. D. If my 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. ATTEST: City Clerk (Seal) CITY OF BANGOR (By) Edward A. Barrett Its City Manager Harry R. Counois