Loading...
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 Piov O~ O0 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, NOv O~ O0 0~: 1Bp Durek and Harth 73;~ 855-71S90 p.3 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: Ourek and Harth 76;.90 p. 5 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. , ~Ov 09 O0 02;19p Durek and Harth 732-B55-TGgO 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. ' ~Ov OS O0 02:~Op Durek and Harth 732-B55-TGgO 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. ~tWv 09 O0 02:20p Ourek and Harth 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 M~v O~ O0 Durek and Harth 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)