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HomeMy Public PortalAbout1998_08_11_R178The Town Leesburg, Virginia RESOLUTION NO. RESOLUTION: 98-178 PRESENTED August 11, 1998 ADOPTED August 11, 1998 REAFFIRM/NG SUPPORT FOR THE COUNCIL-MANAGER FORM OF GOVERNMENT AND AUTHORIZING AN AMENDMENT TO THE EMPLOYMENT CONTRACT BETWEEN THE LEESBURG TOWN COUNCIL AND TOWN MANAGER STEVEN BROWN RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Council-Manager form of government established by the Charter for the Town of Leesburg is hereby reaffirmed. SECTION II. The Mayor of the Town of Leesburg is hereby authorized to execute the attached employment contract on behalf of the Leesburg Town Council which amends Sections 4 and 5 by changing the salary and adding a contribution to deferred compensation effective July 1, 1998. SECTION III. The necessary appropriation of funds is authorized to be made from the Unappropriated General Fund Balance. PASSED this 11t~ day of August, 1998. Jpthes E. Clem, Mayor Town of Leesburg ATTEST: Clerk of Council R:Brown The Town of Leesburg, .rg ma EMPLOYMENT CONTRACT BETWEEN THE COUNCIL OF THE TOWN OF LEESBURG, VIRGINIA AND STEVEN CARL BROWN This employment contract ("this contract") executed in duplicate original and made and entered into this first day of July, 1998, by and between the Council of the Town of Leesburg, Virginia, ("The Council"), and Steven Carl Brown. ("The Town Manager"). RECITALS Ao The Council desires to provide the Town Manager with a written employment contract in order to foster and promote harmonious relations between the Council and the Town Manager. Bo The Council and the Town Manager wish to establish the basic terms and conditions upon which the Council has agreed to appoint him the Town Manager and upon which he has agreed to accept such appointment. NOW, THEREFORE, the Council and the Town Manager, in consideration of the premises and the mutual undertaking of the parties agree as follows: AGREEMENT 1. Term: The Town Manager shall serve at the pleasure of the Council. Duties:The Town Manager shall have charge of the administration of the Town under the direction of the Council and perform all duties incident to the office of the Town Manager as outlined in the Town Charter, Town Code, and applicable laws of the Commonwealth of Virginia. Professional Growth of the Town Manager. The Council encourages the continuing professional growth of the Town Manager through his participation in ' A. The operations, programs and other activities conducted or sponsored by the Town. B. Seminars and courses offered by public or private institutions; and Steven C. Brown Employment Contract Page Two C. Informational meetings with individuals or organizations whose particular skills or background would serve to improve the capacity of the Town Manager to perform his professional responsibilities for the Council. Accordingly, the Council will pay for the manager's dues and participation in the International City Managers Association and the Virginia Local Government Managers Association and shall permit a reasonable amount of release time for the Town Manager to attend to these matters. In addition, as approved by Council, the manager will be eligible to receive a reasonable amount of release time, necessary fees for travel and subsistence expenses to attend and/or participate in activities previously described in 3-Professional Growth of the Town, subsections A, B andC. Salary. The Council shall pay the manager at an annual salary rate of $98,000 effective July 1, 1998. This annual salary rate shall be paid to the Town Manager on the same basis as other regular full-time town employees. 5. Vacation and Other Benefits. Unless modified by mutual agreement of the Council and the Town Manager: Prevailing town policies with respect to leaves shall apply to the manager with the exception that the manager will not be eligible for either compensatory leave or overtime. Bo The Town Manager shall receive personal and fringe benefits accorded to other regular full-time town employees which such employees now receive or may receive in the furore. Co The Town Council shall remit $50.00 per week to the town manager's deferred compensation. Automobile. Recognizing that the manager's duties require the utilization of an automobile, the Council shall provide the Town Manager with an automobile allowance at a rate of $330 per month or a town furnished automobile at the manager's option. Termination of the Contract by the Council. The Town Manager shall be removable at the pleasure of the Town Council in accordance with the procedures established in the Code of Virginia. Steven C. Brown Employment Contract Page Three o 10. 11. Termination Pay upon removal by the Council. This section shall govem compensation to the Town Manager upon termination of his employment by the Council. mo If the Council terminates the Town Manager for any reasons other than those enumerated in subparagraph B below, then the Council shall, within thirty days subsequent to such termination provide him with termination pay. Termination pay shall equal to six months of the Town Manager's pay at the rate of pay in effect at the date of termination. The Council shall also pay for 6 months of family health care insurance. Additionally the Town Manager shall receive all other accrued benefits which he has accumulated during his tenure. The Council shall have no obligation as to termination under the previous subsection SA, if the Council terminates the Town Manager for willful and malicious refusal (1) to comply with a clear legal directive of the council or (2) to obey applicable statutes, ordinances and regulations. Any termination pursuant to this subsection shall not deprive the Town Manager of any benefits to which he is entitled under Section 5A and 5B of this contract. Termination by the Town Manager. If the Town Manager desires to terminate this contract, he covenants and agrees to give Council a minimum of thirty (30) days notice of his termination date. Residency. The Council and the Town Manager acknowledge and agree that compliance with Virginia law requires that the Town Manager be a resident of the Town of Leesburg while he holds that position. Review Clause. If, during the term of this contract the Council and Town Manager wish to mutually modify this contract then that is deemed appropriate. However, the Council shall on or before each fiscal year, confer with the manager and perform an annual evaluation including but not limited to such items as performance, salary and other appropriate items. Steven C. Brown Employment Contract Page Four 12. Savings Clause. If, during the term of this contract it is found that a specific clause of the contract is illegal under federal or state law, the remainder of the contract not affected by such a ruling shall remain in force. The Town Manager hereby swears and affirms allegiance and loyalty to the Constitution of the Commonwealth of Virginia and the Constitution of the United States. This contract incorporates by reference all applicable statutes, ordinances, roles, regulations and policies of the Town of Leesburg and the Commonwealth of Virginia. 1998. Wimess the following seals and signatures, dated this By~~5~~ By Steven Carl Brown Town Manager, Town of Leesburg, Virginia day of ~,:~ , ~&nes E. Clem, Mayor · Town of Leesburg, Virginia For the Town Council J:Brown