HomeMy Public PortalAboutr 99:28499-284
Date of Adoption August 19, 1999
RESOLUTION APPOINTING BUSINESS ADMINISTRATOR
AND DIRECTING AN AGREEMENT
WHEREAS, the Mayor and Council of the Borough of Carteret (the"Borough")
have determined that it is the best interest of the community to engage a business
administrator to better manage the Borough operations and;
WHEREAS, the Borough has conducted a long and diligent search to find the best
candidate for the position; and
WHEREAS, the Borough has determined that NICHOLAS GOLDSACH has the
broad and extensive experience necessary to sucessfully undertake this critical
position;
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the
Borough of Carteret that NICOLAS GOLDSACH is hereby appointed Carterets
Business Administrator.
BE IT FURTHER RESOLVED, that the Borough Attorney be directed to prepare
an employment agreement;
BE IT FURTHER RESOLVED, that this appointment shall be effective
September 1, 1999.
Adopted this th
19 dayofAugust, 1999
and Certified as a tree copy of the
original on August 20, 1999.
KATHLEEN M. BARNEY, RMC/CMC
Municipal Clerk
COUNCILMAN
CRI .LLEY
_FAZEKAS
GUTOWSKI
RECORD OF COUNCIL VOTE
Y~S NO NV A~B. COUNCILMAN
X .
X - Indicate Vote AB - Absent NV. Not Voting XOR - Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council
August 19, 1999
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02: 1Bp Durek and Harth
732-855-7880
EMPLOYMENT CONTRACT
TIIIS EMPLOYMENT CONTRACT is made and entered into this
__ day of
2000 by and between the BOROUGH OF CARTERET, with offices located at 61 Cooke
Avenue, Carteret, New Jersey 07008(hereinafter referred to as the "Borough")
And
NICHOLAS GOLDSACK whose address is
"Goldsack" or the "Business Achninistrator")
hereinafter referred to as
WITNESSETH
WIIEREAS, effective August 1999 The Borough appointed Goldsack as
Business Administrator for thc Borough of Cartcret; and
WHEREAS, the Borough wishes to reappoint Goldsack for the period commencing
September 1, 2000 and ending August 31, 2003; and
WHEREAS, the Borough desires to provide the Business Administrator with a written
Employment Contract in order to enhance administrative stabiIity and continuity within the
Borough and, thereby, to generally improve the quality of the overall management of the
Borough; and
WHEREAS, the Borough and the Business Administrator believe that a written
Employment Contract is desirous to specifically describe their relationship and to se~we as the
basis of effective communication between them; and
WHEREAS; this Employmcnt Contract has been approved by resolution of the Borough
Council which resolution (a) was adopted by the Borough Coancil at its ptlblic meeting on
September 20, 2000; and (b) has been made a part of the minutes of the afbrementioned
meeting o F the Borough,
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NOW, THEREFORE, the Borough, and the Business Administrator i'br the consideration
stated hereinbelow agree as follows:
1. TERM OF EMPLOYMENT
The Borough, in consideration of thc promise of Goldsack herein contained, employs
Goldsack, and Goldsack hereby accepts employmcnt, as Borough Business Administrator
lbr a term COmmencing September 1, 2000 and expiring on August 31, 2003.
2. CERTIFICATION AND RESPONSIBILITIES
A. _Cemificatioq The Business Administrator shall at all times during the
term of this Employment Contract hold in good standing such certification as may be
required by the State of New Jersey to act as a mmaicipal business administrator.
B. Duties: The Business Administrator shall perform such duties as is
set forth in Section 4-19U of the Code of the Borough of Carterel, as amended and/or
redesignated from time to time.
C. _Outside Activities: Goldsack shall refrain from accepting outside
employment or activities which would impair his ability to pcrfbrm the duties of the
Business Administrator.
3. PROFESSIONAL GROWTH OF BUSINESS ADMINISTRATOR
The Borough encourages the continuing professional growth of thc Business
Administrator his participation, as he might decidc in light of his responsibilities as the
Business Administrator, in the following:
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The am~ual salary rate shall be paid to the Business Administrator in accordance
with the schedule of salary payments in effect for other certificated employees of the
Borough.
During the term of this Employment Contract, including any extension thereof;
the Business Administrator shall not be reduced in compensation and/or benefits.
5. BENEFITS
The Borough shall provide the Business Administrator, as part of his compensation,
with the £ollowing benefits:
A. Vacation,qlolida s The Business Administrator shall be granted three
(3) weeks of vacation, per year commencing with 2001 all of which shall be available to
the Business Administrator on Jaauary 1 of the year. He may carry over all unused
vacation days from one year to the next.
The Business Administrator shall be enfitlcd to ail legal holidays and all other
holidays granted to Statutory employees of the Borough.
B. .Sick Leave: P~ersonal D~ays/_other Personal Absences: The Business
Administrator shall receive such sick, personal and other personal absences as are granted
to all other statutory employees of the Borough.
C. Medical Benefits Health insurance benefits, including medical,
dental, and prescription benefits, shall be provided in accordance with the coverage made
available to call Statutory employees of the Borough.
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G. RETIREMENT BENEFITS The Business Administrator shall be eligible for
participation in the New Jersey Public Employees Pension Fund.
6. PROFESSIONAL IJABILITY
A. The Borough agrees that it shall defend, hold harmless and indemnify thc
Busincss Administrator from any and all demands, claims, suits, actions, and legal
proceedings brought against the Business Administrator in his individual capacity or in
his office as agent and/or employee of the Borough, provided the incident, which is the
subject of any such demand, claim, suit, action, or legal proceedings, arose while the
Business Administrator was acting within the scope of his employment; and, as such,
liability coverage is within the authority of the Borough to provide under State law.
B. If, in the good faith opinion of the Business Administrator, conflict exists,
regarding the defense against any such demand, claim, suit, action or legal proceeding,
between the legal position of the Business Administrator and the legal position of the
Borough, the Business Administrator may engage separate counsel, in which event the
Borough shall indemnify the Business Administrator for the cost of said counscl as
permitted by State law, provided however that he hourly rate paid any counsel selected
by the Business Administrator shall not exceed the hourly rate then paid to special
counsel hired by the Borough.
7. TERMINATION OF EMPLOYMENT CONTACT
This Employment Contract may be terminated by:
A. Mutual agreement of the parties.
B. Unilateral termination of the Business Administrator. Thc Business
Administrator be removed for cause, by a two-thirds (2/3) vote of the Borough Council.
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C. By the Borough in accordance with New Jersey State Statute.
D. Any resolution to remove the Business Administrator shall become
effective tl2'ee (3) months after its adoption by the Borough Council may provides that
the resolution shall have immediate effect, provided, however that the Borough Council
shall cause to be paid to the Business Administrator forthwith any unpaid balance of his
saim-y and his salary for the next three (3) calendar months following adoption of the
resolution.
8. COMPLETE AGREEMENT
This Employment Contract along with the applicable section of the Borough Code
embodies the entire agreement between the parties hereto and cannot be varied except by
written agreement of the undersigned parties.
9.. CONFLICTS
in the event of any co. nflict between the terms, conditions, and provisions of this
Employment Contract and the provisions of the Borough's policies, or any permissive
State of FcderaI law, then unless otherwise prohibited by law, the terms of this
Employment Contract shall take precedence over the contrary provisions of the
Borough's policies or any such permissive law during thc term of this Employment
Contract.
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SAVINGS CLAUSE
If, during the term of this Employment Contract, it is determined that a specific
clause of the Employment Contract is illegal under Federal or State law, the remainder of
the Employment Contract not affected by such a ruling shall remain in force.
IN WITNESS WHEREOF, they set their hands and seals to this Employment
Contract effective on the day and year first above written.
WITNESS
ATTEST:
olas Goldsack/
BOROUGH OF CARTERET
JAMES A. FAILACE
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732 8S5 7GSO
A. The operations, programs, and activities conducted or sponsored by local,
statc, and national administrator and/or municipal associations;
B. Seminars and courses offered by public or private educational institutions;
Other Activities promoting the professional growth of the Business
Admi~fistrator.
In its encouragement of the continued professional growth of the Business
Administrator, the Borough shall permit a maximum of ten (10) work days of release
time each school year tbr thc Business Administrator, as it deems appropriate, to attcnd to
such ~natters as noted in Article 3 ("Professional Growth of Business Administrator")
Paragraph "A" through "C" above, and shall pay all necessary travel registration and
sustenance expenses of the Business Administrator in connection therewith.
4. COMPENSATION
Salary: The Borough shall pay the Business Administrator as
follows:
^)
B)
salary of $82,000.00.
C)
salary of $85,698.00.
D)
For the period September I, 2000 - December 31, 2000 $80,000.00
Salary prorated.
For the period January 1, 2000 - December 3I, 2001 an annual
For the period of January 1, 2002 - December 31,2002 an annual
For the period January 1, 2003 - end of term an armual salary of
$85,698.00. Plus an increase cqual to that rcccived by statutory employees (cs. Borough
Clerk, Chief Financial Officer)