HomeMy Public PortalAbout10600 O R D I N A N C E NO. 10600
AN ORDINANCE, authorizing the Board of Trustees on behalf of The Metropolitan
St. Louis Sewer District to enter into a contract with Willie R. Horton whereby Willie R. Horton will
be employed as Executive Director of the District, and specifying certain other terms and conditions
for said contract.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN
ST. LOUIS SEWER DISTRICT:
Section One. The Board of Trustees is hereby authorized on behalf of the
Metropolitan St. Louis Sewer District to enter into a contract with Willie R. Horton whereby Willie
R. Horton will be employed as Executive Director of the District.
Section Two. The contract authorized in Section One of this ordinance shall
commence on September 7, 1999, provide for a yearly salary of One Hundred Seventy-five Thousand
Dollars ($175,000.00), and embody such other terms and conditions as specified in Exhibit A, as
attached hereto and made a part hereof.
The foregoing Ordinance was adopted August 5, 1999 by the following vote –
Ayes – C.L. Barnhart, G.J. Sheffield, C.D. Seward, P.P. Finn, J.W. Siscel, and M.C. Williams.
Nays – None.
Secretary-Treasurer
July 7, 1999
Mr. Willie R. Horton
5170 NW 73rd Way
Lauderhill FL 33319
Dear Mr. Horton:
On behalf of the Metropolitan St. Louis Sewer District (MSD), it is my pleasure to extend a
preliminary offer of employment to you to serve as the Executive Director of MSD. This Letter of
Agreement/Memorandum of Understanding will solidify the discussions that you have had with
David Wasson of the Oldani Group on June 12, 1999. The provisions contained in this
letter/memorandum are subject to review by our Legal Counsel and approval of the full board of
Trustees and could be modified if found to be in conflict with any existing charter or by-law
provisions. Such modifications would, of course, be subject to discussion with you also.
The general terms of this Agreement/Memorandum will remain in force for a period of three years
from your date of employment and may be renewed ninety (90) days prior to the expiration date.
Renewal will require all parties to meet and determine whether or not the conditions of the
Agreement will be renewed. Under the Boards powers of appointment, the Executive Directors
position serves at will of the Board of Trustees. The following points or conditions apply:
A. SALARY- Your starting salary shall be $14,583.34 monthly ($175,000.00 annualized)
payable in accordance with normal payroll policy and practices.
B. PERFORMANCE EVALUATION AND MERIT CONSIDERATION - Horton will
receive a written evaluation at the six and twelve month anniversary dates of employment
and annually thereafter. Merit Consideration will be provided once each year or more often
if the Board of Trustees so indicates. Such salary increases, if given, will be based upon
satisfactory or better performance during each year of employment.
C. VEHICLE ALLOWANCE - MSD will provide Horton with the use of a pool car (a 4-door
sedan such as a Chevrolet Lumina, Ford Taurus, or Ford Crown Victoria). Horton will have
the use of this pool car during normal business hours while in the conduct of MSD business.
In addition, Horton will be permitted to take this pool car home on those evenings when he
will be attending meetings at locations other than MSD headquarters in the conduct of MSD
business. MSD will provide all fuel, lubricants, and repairs for this pool vehicle. If Horton
desires to utilize his own vehicle in the conduct of MSD business, he will be reimbursed via
the normal expense processes at a rate not to exceed the established federal mileage
reimbursement rate.
EXHIBIT A
Horton/The Metropolitan St. Louis Sewer District
Letter of Agreement/Memorandm
Page 2 of 4
D. VACATION ACCRUAL - MSD will provide Horton the vacation equivalent of four (4)
weeks (20 days) on the first day of employment. Horton shall then earn additional vacation
at the rate of four (4) weeks (20 days) per year. In addition, MSD will permit Horton to carry
over no more than nine (9) weeks (45 days) of vacation from one calendar year to the next.
Utilization of such benefits will be accounted for by memorandum or other standard
record/time keeping procedures.
E. EMPLOYEE BENEFITS - MSD will provide other standard employee benefits for
medical, dental, vision, life insurance, disability, and retirement proscribed in written District
policy.
F. HOURS OF WORK, DUES, SUBSCRIPTIONS, EXPENSES - Hortons hours of work,
dues subscriptions, professional development, memberships, and general expenses shall be in
accordance with the guidelines of MSDs policies unless inconsistent with the provisions of
this Agreement. MSD shall pay membership fees for such standard associations and
attendance at recognized conferences of professional organizations necessary for Horton to
fully discharge his duties and responsibilities. General expenses for such activities shall be
in accordance with budgetary/fiscal guidelines approved annually by the Board of Trustees.
In addition, MSD will pay Hortons dues (currently $2,000 per annum) as a member of the
Board of Directors of the National Forum of Black Public Administrators (NFBPA). MSD
will permit Horton to attend four (4) NFBPA Board meetings per year (including one that
coincides with the national convention).
G. RELOCATION, HOUSING ALLOWANCE, AND RELATED EXPENSES
1. MSD will provide Horton with standard relocation costs for movement of household
goods, which includes packing, transport, and unpacking. Three (3) bids from
qualified, bonded moving services must be obtained and submitted to MSD. Horton
will select the lowest responsible bid for movement of those goods. MSD reserves
the right to decline payment for the movement of unusual items such as antiques,
musical instruments, non-household pets, non-standardized motor/recreational
vehicles, and similar items. At Hortons discretion, billing for moving expenses may
be arranged directly with MSD and the moving company.
2. MSD agrees to provide up to two house hunting trips not to exceed an aggregate
total of six (6) days and associated travel expenses between the date of Agreement
acceptance and the starting date of employment. In addition, MSD will reimburse
Horton for travel of his family to the St. Louis area by the most expeditious means
possible. All expenses shall be supported by receipt, and in no case, will such
expenses for house hunting and relocation of family exceed a total sum of six
thousand dollars ($6,000.00).
3. MSD agrees to provide Horton with up to 180 days temporary living quarters
allowance. A temporary housing allowance of up to $1,000/month, payable one time
per month, will be made upon presentation of a lease or rental agreement.
4. Horton agrees to reimburse MSD any and all relocation expenses/special allowance
(contained in G1 through G3 above) should he voluntarily terminate employment,
according to the following schedule:
Horton/The Metropolitan St. Louis Sewer District
Letter of Agreement/Memorandum
Page 3 of 4
Reimbursement
Time Frame Schedule
1st day to 12 months 100%
12 months to 18 months 75%
18 months to 24 months 50%
24 months to 36 months 25%
After 36 months 0%
H. SEVERANCE PAY - In the event that the Board of Trustees terminates Hortons
employment as Executive Director while he is willing and able to perform the duties of said
position, MSD shall compensate Horton in an amount equal to six (6) months salary
(including benefits) for the period of his employment. Such severance pay would be due and
payable at standard pay periods for the six-month period.
I. RELINQUISHMENT OF SEVERANCE PAY AND BENEFITS - In the event that
Horton is terminated for cause (such as gross negligence) or due to conviction of any illegal
act involving personal gain to himself or any felony, then the Board of Trustees and MSD
shall have no obligation to pay the sums specified in paragraph H above.
J. TERMINATION OF BENEFITS - Upon termination from the position of Executive
Director, Horton shall receive compensation for all accrued vacation and such termination
benefits as are provided by standard MSD policy and applicable law.
K. CONSTRUCTIVE NOTICE - If Horton voluntarily resigns his position as Executive
Director, he shall provide the Board of Trustees with a minimum of 60 days notice, in
advance, unless otherwise granted relief by the Board of Trustees.
L. INDEMNIFICATION - MSD shall defend, indemnify, and hold harmless Horton against
any and all claims, demands, suits, actions, or proceedings of any kind or nature arising out
of the performance by Horton of his duties and responsibilities as Executive Director,
provided that Hortons performance is not contrary to established ordinances, resolutions,
policies, and reasonable standards of conduct adopted by the Board of Trustees.
M. MODIFICATION OR CHANGES TO AGREEMENT - Any modification of this
Agreement must have the concurrence of the Board of Trustees.
N. REPORTING DATE - Horton agrees to report for employment on or before September 7,
1999, if practical.
Horton/The Metropolitan St. Louis Sewer District
Letter of Agreement/Memorandum
Page 4 of 4
GENERAL PROVISIONS
1. This agreement shall be governed by such charter, ordinances, rules/regulations, and policies
established by MSDs Board of Trustees unless otherwise specifically provided herein.
2. Horton agrees to sign and return both the facsimile copy of this Agreement within two (2)
working days of receipt and the actual Employment Agreement within two (2) working days
of receipt of said document.
3. Horton agrees that his employment is contingent upon the satisfactory completion of a Drug
Tolerance Screening Test and for Employment Physical or both as determined by the Board
of Trustees. Such test/examinations shall be paid for by MSD. FAILURE TO PASS THE
REQUIRED EXAMINATIONS WILL RENDER THIS AGREEMENT NULL AND
VOID.
4. Horton acknowledges that he is an at-will employee and may be terminated at the
discretion of the Board of Trustees for any reason, that is non-discriminatory, that the Board
offers.
5. Any disputes or needed clarification arising out of the interpretation of this Agreement shall
first be addressed through discussions to include Horton, MSD, and The Oldani Group, Inc.
6. The general terms of this Agreement shall remain in force for a period of at least three (3)
years unless modified by the mutual agreement of Horton and the Board of Trustees.
Mr. Horton, the Board of Trustees and the staff of MSD look forward to your leadership and
guidance as we enter a new phase of growth and development, challenges, and success together. We
look forward to providing whatever assistance that you and your family may need during the
transition period. Please sign and date this original letter where indicated and return it to MSD
offices within two (2) working days of receipt both by facsimile transmission and expedited mail A
copy is enclosed for your records.
Welcome to MSD, and St. Louis.
Sincerely,
Dr. Carrie L. Barnhart
Vice Chairman
The Metropolitan St. Louis Sewer District
AGREEMENT ACCEPTANCE
____________________________ ______________________________
Willie Ray Horton Date