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.
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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.
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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