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HomeMy Public PortalAboutORD12851 ........... .. ._. . .__. .._ _.. _._... .._.. - j � I i SILL NO. 98-117____.. i SPONSORED BY COUNCILMEN Lane -Ha��ke. Jacltson, Jaynes, t andwehr. Nelson. s Nilges, Stella and Vincent r ORDINANCE NO. i AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EMPLOYMENT CONTRACT EXTENSION � }; WITH RICHARD MAYS FOIE,THE POSITION OF CITY ADMINISTRATOR OF THE CITY OF JEFFERSON. " i BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFF=ERSON, MISSOURI, AS E FOLLOWS: ;r Section 11. 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. gjeGtiQn 22.. 'The agreement shall he substantially the same in and content as " that agreement attached hereto as Exhibit A. All Section 3. This Ordinance shall be in tall force and effect from and after the date of its passage and approval Passed: AeU, 16 19 P P Approved: luou. Presiding Officer Mayor r } ATTEST: APPROVED AS TO FORD: } IY0 . I City Clerk City Coon or s, ti. .�..v...w�rw.vi.� cilfiwAi�iiWm111�i1fa91'ILYMiRlTd1 �tgT,}�lS = 51 I EI'ti'lt)E LOYMENT CONTRACT EXTENSION f BETWEEN CITY OF JEFFERSON AND RICHARD A. MAYS � THIS EMPLOYMENT CONTRACT, made and entered into this Xtday of November, 1998 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 tl', 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.feature 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 other-.vise desire to terminate his employ; and MWEREAS, Employee desires to continue employment as City Administrator of said City; NOW THEREFORE,HE IT RESOLVED,in consideration of the mutual covenants herein contauied, the parties agree as follows: f 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 to 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. i Section 2. Term of Contract and Conditions of Extension. A. The term of this employment contract shall extend the original term of employment 4 which commenced on September 18, 1995,through September 17, 2002, except as otherwise provided j 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. I` r 1 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, 2002 ("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 consulthng 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 .uotice 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 gash.payment equal to six(0) 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. After the Termination Date Employee's employment shall continue at will but the provisions of severance gay 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 date 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 Termination Date, Employee shall give City ninety (90) days notice in advance, rinless 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 I beyond any accrued sick leave, or for twenty working days over a thirty working day period, Employer shall have the option to terminate this contract, subject to the severance pay requirements of Section i 3. However, Employee shall be compensated for all accrued sick leave, vacation, holidays, and other f accrued benefits consistent with City policy for other exempt general employees of City. . 2 - C ra.www.r.•....rw.IJ u M f. aYaa.nwsta+wvnnra��+.rnAWvuwrrs�wwnreoa earam7y7,gYnaeorl�fl�f�`IPA.�CfnaviGS3m'nffst�msXlfYllRni4 A701R.i1Rl.'�R71NAi�•ai�{�f S'. i 1 Section 4. Salary. A. City agrees to pay Employee Cor his services rendered pursuant hereto an annual fixed base salary of Seventy-Nine Thousand Five Hundred Seventy Dollars ('79,570.00) as of September 20, 1998 for the duration of this contract, payable in instalimen.ts at the same time as other employees of the City are paid, subject to annual appropriation. B. In addition, City agrees to increase said base salary andJor 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 generally, after November 30, 1995, will also be accorded Employee in addition to 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 be entitled to take compensatory time provided, however, that reasonable time off is authorized to attend to personal matters. Section S. Performance Evaluation and Goall®hjective Setting. A. The Council and Mayor shall review and evaluate the performance of the Employee 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 ' D criteria may be added to or deleted from as the Council ma- from. ► k 3 m time �o 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 an 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 goals 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 credited to his personal account, vacation and sick leave at the same rate as employees of City. In addition Employee shall be credited initially with 40 hours of vacation leave and 24 hours of sick leave. Thereafter, Employee's accrual rates shall be the same as other employees. 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. ..�.W.-_ .. ._....,-,. " 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 LliGERS covering Employee as other general employees of the City. Section. S. Professional and.. glob Related Benefits. A. During his employment with the City, the parties agree that the City Administrator's f 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 month 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 participation in national, state, regional, and local associations and organisations 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 .membership and participation in the International City Management Association(ICMA)„the Missouri City Management Association(NIGINIA),Jefferson City Area Chamber ! of Commerce (JCAC of C) and American Society for Public Administrators (ASPA). { 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 (NMC.NI.A), Missouri Municipal League (MML)Annual Conference and such other national, state, regional and local governmental groups and committees thereof which Employee serves as a membY r. however, Employee shall fund such expenditures from his office's budget as approved by the City Council annually. .. _. _.,., . ....,w... A - 777= i T/, r i I 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 Employee subject to the availability of funds in the City Administrator's ,accounts. Section 9. Indemnification and Bonding. A. The City 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 the course and scope of employment for an .alleged act or omission 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 s any law or ordinance. Section 10. No Reduction of Benefits. City shall not at any time during the term of. this contract reduce t:1e 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 M.,.. term and conditions of employment, as it may determine from time to tirne, 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, in 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 ; + contract shall not constitute an obligation on the general fzands of the City except as to funds required ! for complying with Section 3.B. D. Employee shall establish residency within the corporate boundaries of Jefferson City, j 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. Imo. Yy' ! + T•' �LC*fay;�;FS: .1F 1. x f , B. The text herein shall constitute the entire contract between the parties. �. #+ C. This contract shall be binding upon and inure to the benefit of the heirs at law and ` executors of Employee. D. This contract shall become 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. i j IN 6VI7[WESS WHEREOF, the City of Jefferson, Missouri 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, both in duplicate, the day and year first above writtzn. r Mayor Duane Schreimann Richard A. Mays Nj City of Jefferson, Missouri ATTEST: APPR D O FORM: )1t Clerk Ci nselor ZIN I L , l *e ! 7 � h r. Ol1�iQl�IGOIaR�c.�[iA yrnwsyi�wwiuoo.r.sto...�.,�:.�..�-��: _ '.t+ '. _•r.�S?