HomeMy Public PortalAboutORD13350 BILL NO._2001-166
SPONSORED BY COUNCILMEN Jackson
ORDINANCE NO..
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN EMPLOYMENT CONTRACT EXTENSION
WITH RICHARD MAYS FOR THE POSITION OF CITY ADMINISTRATOR OF THE CITY
OF JEFFERSON.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to execute
an employment contract extension with Richard Mays for the position of City Administrator
of the City of Jefferson.
Section 2. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: Approved:
Presiding Officer Mayor
ATTEST: APPROVED AS TO FORM:
•; ,r;:,�.' fir„
'City Clerk City Counselor
EMPLOYMENT CONTRACT EXTENSION
BETWEEN CITY OF JEFFERSON AND RICHARD A. MAYS
THIS EMPLOYMENT CONTRACT, rnade and entered into this _iday of February, 2.002, by and
between the City of.Jefferson, Missouri, a municipal corporation, hereinafter referred to as "City,"
as party of the first part, and Richard A. Mays, hereinafter called "Employee," as party of the
second part, both of whom understand as follows:
WITNESSETH:
WHEREAS, City desires to continue to employ the services of said Richard A. Mays as City
Administrator of the City, as provided by Article V, Section 5.1 of the Charter of the City; and
WHEREAS, it is the desire of the City, to set forth its benefits, establish certain conditions of
employment and to set working conditions of said Employee; and
WHEREAS, it is the desire of City to (1) secure and retain the services of Employee and to provide
inducement for him to remain in such employment, (2) to make possible full work productivity by
assuring Employee's morale and peace of mind with respect to future security, (3) to act as a
deterrent against malfeasance or dishonesty for personal gain on the part of the Employee, and
(4) to provide a just means for terminating Employee's services at such time as he may be unable
fully to discharge his duties due to disability or when City may otherwise desire to terminate his
employ; and
® WHEREAS, Employee desires to continue employment as City Administrator of said City;
NOW THEREFORE, BE IT RESOLVED, in consideration of the mutual covenants herein contained, the
parties agree as follows:
Section 1. Duties and Responsibilities.
A. City hereby agrees to employ said Richard A. Mays as City Administrator of City to
perform the functions and duties specified in said Article V, Section 5.2 of City Charter, and to
perform other legally permissible and proper duties, functions and responsibilities as the City
through its City Council shall from time io time assign.
B. Employee agrees to remain in the exclusive employ of the City and agrees to neither
accept other employment nor become employed by any other employer. The term "employed"
shall not be construed to include occasional teaching or writing performed on Employee's time
off.
Section 2. Term of Contract and Conditions of Extension.
A. The term of this employment contract shall extend the original term of employment
which commenced on September 18, 1995,through February 18, 2005, except as otherwise
provided herein.
B. Nothing in this employment contract shall prevent, limit or otherwise interfere with the
right of the City through its City Council to terminate the services of the Employee at any time,
subject only to the provisions set forth in Section 3, paragraphs B and C, of this contract.
C. Nothing in this employment contract shall prevent,limit or otherwise interfere with the
right of the Employee to resign at any time from his position with the City, subject only to the
provision set forth in Section 3, paragraph D of this contract.
D. Employee agrees to remain in the exclusive employ of the City until September 17,
2006 ("Termination Date"),and neither to accept other employment nor to become employed by
any other employer until said Termination Date. The term "employed" shall not be construed to
include occasional teaching, writing, or consulting performed on Employee's time off.
Section 3. Suspension, Termination, Severance Pay, Resignation and Disability Provisions.
A. City may suspend the Employee with full pay and benefits at any time during the term
of this contract, but only if (1) a majority of the City Council and Employee agree, or (2) after a
public hearing, a majority of the City Council votes to suspend Employee for just cause provided,
however, that Employee shall have been given written notice setting forth any charges at least ten
days prior to such hearing by the City Council members bringing such changes.
B. In the event Employee is terminated by the City before the Termination Date and
during such time that Employee is willing and able to perform his duties under this contract, then
in that event City agrees to pay Employee a lump sum cash payment equal to six (6) months
aggregate salary, including all benefits; provided, however, that in the event Employee is
® terminated because of his conviction of any illegal act involving personal gain to him or is found
to be in violation of the Code of Ethics for the State of Missouri, then, in that event, City shall have
no obligation to pay any severance pay designated in the paragraph. Af ter the Termination Date
Employee's employment shall continue at will but the provisions of severance pay shall continue
as set out herein subject to an offsetting credit for any leave accruals Employee may have at the
time of termination as set out in Section 7.
C. In the event City at any time during the term of this contract reduces the salary or
other financial benefits of Employee in a greater percentage than an applicable across-the-board
reduction of all employees of City, or in the event City refuses to provide benefits to Employee as
generally done for City employees, or the Employee resigns following a formal request for such
resignation by a majority of the City Council that he resign, then, in that event, Employee may, at
his option, be deemed to be "terminated" at the dale of such reduction, refusal or requested
resignation and the provisions of Section 3.13. shall apply.
D. In the event Employee voluntarily resigns his position with City before the'fermination
Date, Employee shall give City ninety (90) days notice in advance, unless the parties otherwise
agree.
E. If the Employee is permanently disabled or is otherwise unable to perform his duties
because of sickness, accident, injury, mental incapacity or health for a period of four successive
weeks beyond any accrued sick leave, or for Iwenty working days over a thirty working day period,
Employer shall have the option to lerminate this contract, subject to the; severance pay
requirements of Section 3. However, Employee shall be compensated for all accrued sick leave,
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vacation, holidays, and other accrued benefits consistent with City policy for other exempt general
employees of City.
Section 4. Salary.
A. City agrees to pay Employee for his services rendered pursuant hereto an annual
fixed base salary of Ninety-Seven Five Hundred Thirty-free Dollars and Forth-Nine Cents ($97,533.49)
as of January 22, 2002 for the duration of this contract, payable in installments at the same time as
other employees of the City arc paid, subject to annual appropriation,
B. In addition, City agrees to increase said base sainry and/or other benefits of
Employee in such amounts and to such extent as the City Council may determine, in its sole
discretion, that it is desirable: to do so on the basis of an annual review of Employee made at the
same time as similar consideration given to other employees generally. Any cost of living
adjustments granted by the City to unclassified employees gc,-nerally, after November 30, 2002,will
also be accorded Employee in addition tea any annual salary review,
Section 5. Hours of Work.
A. It is recognized that Employee must devote a great deal of his time outside normal
office hours on the business of the City and it is agreed by the parties hereto that Employee shall
not be entitled to any additional salary nor shall Employee bce entitled to take compensatory time
provided, however, that reasonable time off is authorized to attend to personal matters,
Section b. Performance Evaluation and Goal/Objective Setting.
A. The Council and ee Mayor shall review and evaluate the performance of the Employee
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annually in advance of his anniversary date. Said review and evaluation shall be in accordance
with specific criteria developed jointly by City and Employee within nine months of appointment.
Said criteria may be added to or deleted from as the Council may from time to time determine,
in consultation with the Employee. Further, the Council shall provide the Employee with a summary
written statement of the findings of the Council and provide ran adequate opportunity for the
Employee to discuss his evaluation with the Council.
B. Annually, the Council and Employee shall define; such goals and objectives which
they determine necessary for the proper operation of the City and in the attainment of the
Council's policy objectives and shall further establish a relative priority among those various goals
and objectives, said goats and objectives to be reduced to writing. They shall generally be
attainable within the time limitations as specified and the annual operating and capital budgets
and appropriations provided.
Section 7. Leave, Health and Retirement Benefits.
A. Employee shall accrue, and have credile.?d to his personal account, vacation and
sick leave at the same rate as employee. of City. In addition Employee shall be credited initially
with 40 hours of vacation leave and 24 hours of sink leave, thereafter, Employee's accrual rates
shall be the same as other employees.
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B. Upon voluntary resignation or termination as defined and set forth in Section 3, the
City Administrator shall be compensated for accrued sick leave and vacation as any other
employee with a continuous record of equivalent service, In the event of termination,
compensation attributable to accrued sick leave and vacation shall be a credit against the lump
sum payment to Employee as provided in Section 3.
C. City agrees to put into force and to make required premium payments for Employee
for insurance policies for life, health and related group insurance covering Employee as other
general employees of the City.
D. City agrees to provide health insurance for Employee and to pay the premiums
thereon as for other general employees of the City.
E. City agrees to execute all necessary arrangements provided by the International City
Management Association Retirement Corporation (ICMA-RC) for City's participation in said ICMA-
RC retirement plan.
F. City agrees to put into force and to make required premium payments for Employee
for retirement benefits through LAGERS covering Errmploye:e as other general employees of the City.
Section 8. Professional and Job Related Benefits.
A. During his employment with the City, the parties agree that the City Administrator's
duties require that he shall have the exclusive and unrestricted use of an automobile at all times.
Toward that end, the City agrees to either grant the City Administrator an automobile allowance
® of Five Hundred Dollars ($500.00) per month with the City Administrator being responsible for
providing his own motor vehicle and for liability, property damage and comprehensive insurance
and for all other expenses of said automobile or the City shall be responsible for providing the
motor vehicle and for liability, property damage and comprehensive insurance and for all other
expenses of said automobile. In the event the City shall be responsible for providing the motor
vehicle, the City Administrator shall be limited to 100 gallons of gasoline per i-nonth provided by the
City. The choice of method shall be solely the City's, Use of the car no matter how provided shall
be unlimited as to occupants and destination. The car shall not have any distinguishing symbols,
license or other indicia of City ownership.
B. The City shall reimburse Employee for installation of a cellular phone in Employee's
motor vehicle and for telephone calls by such cellular phone concerning City business subject to
Employee complying with City procedures for reimbursement of expenses.
C. City acknowledges that professional dues and subscriptions of Employee are
necessary for his continuation and full participalion in national, state, regional, and local
associations and organizations necessary and desirable=for his continued professional growth and
development, and for the good of the City, However, Employee shall fund expenditures for such
purposes from his office's budget as approved by the; Council annually provided that at a
minimum the City shall provide funds necessary for Employee's mernbership and participation in
the International City Management Association (ICMA), the. Missouri City Management Association
(MCMA), Jefferson City Area Chamber of Commerce (JCAC of C) and American Society for Public
Administrators (ASPA).
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D. City acknowledges that the travel and subsistence expenses of Employee for
professional and official travel, meetings and occasions as necessary to continue the professional
development of Employee and to adequately pursue necessary official and other functions for the
City, including, but not limited to, the Annual Conference of the International City Management
Association, Annual Conference of Missouri Management Association (MCMA), Missouri Municipal
League (MML) Annual Conference and such other national, state, regional and local
governmental groups and committees thereof which Employee serves as a member. However,
Employee shall fund such expenditures from his office's budget cis approved by the City Council
annually.
E. City recognizes that certain expenses of a non-personal and generally job-affiliated
nature are incurred by Employee, and hereby agrees to pay a general business expense
allowance based on actual expenditures by Frnployee subject to the availability of funds in the
City Administrator's accounts,
Section 9. Indemnification and Bonding.
A. The City shall defend, scivu: harmless and indemnify Employee against any tort,
professional liability claim or demand or other legal action,whelher groundless or otherwise,arising
out of the course and scope of e;rnpioywient for an all aged tact or ornission occurring in the
performance of the Employee's duties as City Administrator provided that the acts or omissions
were done in good faith and without malice or felonious intent. City shall provide counsel and pay
for all costs arising out of such actions.
B. City shall bear the full cost of any fidelity or other bonds required of the Employee
under any law or ordinance,
Section 10. No Reduction of Benefits.
City shall not at any time during the term of this contract reduce the salary, compensation
or other financial benefits of Employee, except to the degree of such a reduction across-the-board
for all employees of the City.
Section 11. Other Terms,
A. The City Council, in consultation with the City Administrator, shall fix any such other
terms and conditions of ernployrnent, as it may determine from time to time, relating to the
performance of Employee, provided such terms and conditions are not inconsistent with or in
conflict with the provisions of this contract, the City Charter, or any other law.
B. All provisions of the City Charter and Code, and regulations and rules of the city
relating to vacation and sick leave, retirement and pension system contributions, holidays and
other fringe benefits and working conditions as they now exist or hereafter may be amended, also
shall apply to Employee as they would to other general employees of City, it) addition to said
benefits enumerated specifically for the benefit of Employee except as herein provided.
C, it is understood by the parties that all provisions set forth in this contract are subject
to the availability of funds, Until such funds are appropriated by the Council, the provisions of this
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contract shall not constitute an obligation on the general funds of the City except as to funds
required for complying with Section 3.8.
D. Employee shall establish residency within the corporate boundaries of Jefferson City,
Missouri, within six (6) months of execution of this contract and maintain such residency during the
term of this contract.
Section 12. Notice and General Provisions,
A, Any notice required pursuant to this contract may be personally served on Employee
at his office in City Hall and upon the Mayor of City.
B. fhe text herein shall constitute the entire contract between the parties.
Cl. This contract shall be binding Upon and inure to the benefit of the heirs at law and
executors of Employee,
D. This contract shall becorne effective commencing upon execution.
E. If any provision, or any portion thereof, contained in this contract is held
unconstitutional, invalid or unenforceable, the remainder of this contract, or portion thereof shall
be deemed severable, shall be not be affected and shall remain in full force and effect.
IN WITNESS WHEREOF, the City of Jefferson, MISSOUrl has caused this contract to be signed and
executed in its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has
signed and executed this agreement, Moth in duplicate, the day and year first above written,
r r, .1 16
Mayor TI omas Rackers Richard A. Mays
City of Jefferson, Missouri
ATTEST: APPROVED AS YQ,FORM
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City Clerk City Cdun e or
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