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Home My Public Portal About2014_01_28_R014 Authorizing a TM Employment ContractThe Town of Leesburg, Virginia PRESENTED January 28, 2014 RESOLUTION NO. 2014 -014 ADOPTED January 28, 2014 A RESOLUTION: AUTHORIZING THE EMPLOYMENT CONTRACT BETWEEN THE LEESBURG TOWN COUNCIL AND KAJ DENTLER RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Mayor of the Town of Leesburg is hereby authorized to execute an employment contract on behalf of the Leesburg Town Council with Kaj Dentler to serve as the Town Manager for the Town of Leesburg. SECTION II. That the employment contract between the Town and Kaj Dentler is subject to a mutual release by either party upon 30 day notice without any obligation to either party. SECTION III. The necessary appropriation of funds is authorized to be made from the Unappropriated General Fund Balance. PASSED this 28th day of January,2014. C. UrKtattd, Mayor Town of Leesburg ATTEST:,\ I •� Clerk of Co . - i P:\Resolutions\2014 \0128 Authorizing a Town Manager Employment Contract.doc EMPLOYMENT CONTRACT BETWEEN THE COUNCIL OF THE TOWN OF LEESBURG, VIRGINIA AND KAJ H. DENTLER This employment contract ( "this contract "), executed in duplicate original and made and entered into as of the 28th day of January, 2014, by and between the Council of the Town of Leesburg, Virginia ( "the Council "), and Kaj H. Dentler ( "the Town Manager "), for contract period October 4, 2014 through October 4, 2016. RECITALS A. 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. B. 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 promises and the mutual undertaking of the parties, agree as follows: AGREEMENT 1. Term: The Town Manager shall serve at the pleasure of the Council. 2. 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. 3. 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. 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 authorize payment for the Town Manager's dues and participation in the International City /County Management Association, the Virginia Local Government Association and the Alliance for Innovation, and shall permit a reasonable amount of release time for the Town Manager to participate in these organizations. In addition, as approved by the Council, the Town Manager will be eligible to receive a reasonable amount of release time, necessary fees for travel and subsistence and membership expenses to attend and /or participate in activities previously described in 3. 4. Salary. For the first year of contract period October 4, 2014 through October 4, 2016, the remuneration to the Town Manager shall be a salary of $174,000.00. This annual salary rate shall be paid to the Town Manager on the same basis as other regular full -time Town employees. The Council agrees to increase the compensation of the Town Manager each October 4 dependent upon the results of the annual performance evaluation conducted under the provisions of Section 14 of this contract. The Council will provide for a pay adjustment equivalent to that approved and provided to all other employees of the Town as approved by the Council in the annual budget. 5. Leave and Benefits. Unless modified by mutual agreement of the Council and Town Manager: a. Annual, Sick and Catastrophic Illness Leave. The Council agrees to permit the Town Manager to retain his current annual and sick leave balances, and to continue to follow the Town's annual and sick leave accrual process, as prescribed in the currently approved Town's Personnel Manual. In addition, the Council agrees to provide the Town Manager with no less than ninety (90) days of catastrophic leave should such a need arise for same. b. Standard Employee Benefits. The Town Manager shall be eligible for, and receive, all personal and fringe benefits accorded to regular full -time employees which such employees now receive or may receive in the future with the exception that (1) the Town Manager shall not be eligible to earn compensatory leave and/or overtime; (2) the Town Manager shall not engage in any outside employment without prior consent of the Council. c. Deferred Compensation. The Council agrees to provide for the payment of fifteen thousand dollars ($15,000) per annum into the Town Manager's 457 Deferred Compensation account, each October 4. 6. Automobile — No automobile allowance is provided. The Town Manager is to follow the Town's approved reimbursement process for mileage outside the Town. 7. Technology - Recognizing the value to the Town Manager of effective communication and access to productivity tools, the Town Manager shall have the use of a Smart Phone device, and a laptop computer installed with the standard software configuration compatible with the Town Manager's office for which the Town will pay all expenses. 8. No Reduction of Benefits - The Council shall not, at any time during the term of this agreement, reduce the salary, compensation or other financial benefits of the Town Manager, except to the degree of such a reduction across - the -board for all Town employees. 9. Residency - The Town Manager agrees to maintain his primary residence within the -2- boundaries of the Town of Leesburg. 10. Termination of Contract by the Council - The Town Manager shall be removable at the pleasure of the Council in accordance with the 1950 -Code of Virginia, as amended, and, in such event, this contract shall be terminated. Should the Council remove the Town Manager prior to October 4, 2016, the provisions of paragraph 13 shall apply. 11. Termination of Contract by the Town Manager - If the Town Manager desires to terminate this contract, he must give ninety (90) days written notice of his intention to resign. 12. Termination of Contract by Mutual Agreement - The Council and the Town Manager may mutually agree to terminate this contract and establish an effective date of termination. 13. Termination Pay and Benefits - This section shall govern compensation to the Town Manager upon termination of his employment pursuant to Sections 10, 11, and 12. a. If the Town Manager's contract is terminated by Mutual Agreement (Section 12) or by the Council (Section 10) for any reason other than as specified in subsection 13.b., and prior to October 4, 2016, the following shall apply: The Town Manager shall be entitled to receive nine (9) months of termination pay, which shall consist of salary and the right to continue for nine (9) months health and all other insurance benefits, as if he were still an employee. b. 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, personnel policies, ordinances and regulations, then the Town Manager shall not be entitled to any termination pay or the right to continue employee benefits, but shall be entitled to be paid for all unused annual leave. c. If the Town Manager's contract is terminated by the Town Manager (Section 11), then the Town Manager shall not be entitled to any termination pay or the right to continue employee benefits but shall be entitled to be paid for all unused annual leave. 14. Evaluation - The Council agrees to review the Town Manager's performance at the 12 month mark which is October 4, 2015, and at the 18 month mark which is April 4, 2016. Evaluation factors and performance measures will be determined mutually by the Council and the Town Manager. Bonuses, and the frequency and amounts paid, if any, will be determined by the Council. 15. Indemnification - Notwithstanding any provision of the Town Indemnification Resolution to the contrary, the Council shall provide for the defense of any claim for legal proceeding against the Town Manager arising out of any action on his part in furtherance of his duties as Town Manager and shall authorize payment of the costs of any settlement or judgment in connection therewith. Such indemnification shall not apply to any act in violation of criminal law. -3- 16. Savings clause - If, during the term of this contract, it is found that a specific provision of the contract is illegal under federal or state law, the remainder of the contract, not affected by such a finding, shall remain in force. 17. Effective date - This contract shall take effect on October 4, 2014. THIS CONTRACT INCORPORATES BY REFERENCE ALL APPLICABLE STATUTES, ORDINANCES, RULES, REGULATIONS AND POLICIES OF THE TOWN OF LEESBURG AND THE COMMONWEALTH OF VIRGINIA. WITNESS, the following seals and signatures. Dated this 281h- day of January 2014. The Town Council of Leesburg, Virginia By: Kristen C-fil tattd, Mayor The Town Manager of Leesburg, Virginia By: 6 Kaj H. Dentler The Council members acknowledge below the review of, and consent to, the contract between The Town of Leesburg and Kaj H. Dentler, signed by Kristen C. Umstattd, Mayor, Town of Leesburg. Kelly Burk David S. Butler Thomas S. Dunn, II Kathryn C. Sheldon Hammler Fernando "Marty" Martinez Kevin D. Wright IN Date allally Date Z /O /Yl/ Date Date Date Date