Resolution No. 86-89 CITY OF TIGARD, OREGON /
RESOLUTION NO. 86—_Z7
A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING AN EXECUTIVE SERVICE
EMPLOYMENT AGREEMENT WITH DAVID LEHR, CHIEF OF POLICE .
WHEREAS, the Tigard City Council has amended its City Charter by voter
approval and the Council has amended its Municipal Code; and
WHEREAS, these amendments determined that City officer and department head
positions will enjoy the same privileges in regard to termination as at will
employees serving at the pleasure of the appointing authority.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: This Employment Agreement (attached Exhibit "A") be entered into
with David Lehri Chief of Police This Agreement will take effect
April 16 1986 .
PASSED: This day of A, 1986,
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City Recorder — City of Tigard
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` RESOLUTION NO. 86—_F2_
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EXHIBIT- "A" - RESOLUTION NO. 86-
AN EMPLOYMENT AGREEMENT
THIS E'iPLOYME4T AGREEMENT, made and entered into this f day of lu T 1986 by and between the
CIT' OF TIGARD, OREGON, hereinafter referred to as "CITY" and DAVID LE H CHIEF OF POLICE , hereinafter
referred to as "EMPLOYEE". -'
W I T N E S S E T H
WHEREAS, the CITY has offered and the EMPLOYEE accepts this appointment as at will serving at the pleasure
Of the appointing authority; and,
1XIiEREAS, CITY and EMPLOYEE desire a written agreenent creating a professional and businesslike relationship,
serving as a basis for effective connrunication and to avoid misunderstanding; and,
THEREFORE, in consideration of mutual Covenants herein contained and for consideration herein specified, the
CIT' and EMPLOYEE mutually agree:
SECTION 1 - EMPLOYMENT, DUTIES AND AUTHORITY:
The CITY has agreed to employ David Lehr as Chief of Police consistent with state law, City Charter,
ordinance, resolution, administrative procedures and dcscribcd in EMPLOYEF'S job description (Exhibit
"B"). The EMPLOYEE agrees to accept said enpl.oyirentserving at will at the pleasure of the City
Administrator as the appointing authority.
SECTION 2 - TERM:
The term of this agreement shall be indefinite. 4othing in this Agreement shall prevent, lini.t, or
t` otherwise interfere with the right of the CIT'. to terminate the services of EMPLOYEE at any time,
subject only to the provisions set forth in this Agreement, nor nothing in this Agreement shall prevent,
limit, or otherwise interfere with the right of the EMPLOYEE to resign at any time from his/her position
with the CITY, subject only to the provisions set forth in this Agreement.
SECTION 3 -TERMINATION AND SEVERANCE:
A. Ternination At Aill Not For Cause. This Agreement »ay be terminated by either the CITY or EMPLOYEE
for any reason, whatsoever upon the giving of thirty (30) days written notice to the other party.
Nothing shall restrict the CITY'S right to give notice and immediately suspend with pay the EMPLOYEE
from his/her duties.
B. Ternination For Cause. In the event of a For Cause ternination, this Agreement shall not be deemed
to construe any waiver of rights or remedy available to any employee. This Agreement may be terminated
by the CITY in writing Xnnmediately For Cause at the sole discretion of the CITY if EMPLOYEE shall be
found unfit for the position per Federal, State or City rules and regulations applicable to employees in
a For Cause termination.
C. Severance Applicability. In the event EMPLOYEE is involuntarily terminated At Will Not For Cause by
CIT' or voluntarily resigns following a written request from the appointing authority that he/she resign
during such time as the EMPLOYEE is willing and able to perform the assigned duties, then in that event
the CITY agrees to pay EMPLOYEE, or continue to employ EMPLOYEE for a like time following the 30 day
written notice period, a lump sum severance payment equal to two (2) month's pay following the 30 day
notice and two monthly payments each month after termination. Severance pay shall be at the EMPLOYEE's
highest rate of monthly base salary during his/her term of City employment. However, if EMPLOYEE is
terminated For Cause or convicted of any illegal act involving personal gain to him/her, then CITY shall
have no obligation to pay the severance pay.
o. If the CITY reduces the salary or other financial benefits of EMPLOYEE in a greater percentage than
an applicable across—the—board reduction for all unclassified employees of the City, or if the CIT'
_ refuses following written notice requesting compliance with any other provision benefiting EMPLOYEE
' herein, then the EMPLOYEE may, at his/her option, deem the Agreement to be involuntarily terminated
without cause at the date of such reduction or refusal to comply with the meaning and context of this
Agreement, and the severance pay provision of this section shall apply.
E. If EMPLOYEE voluntarily resigns his/her position witt, the CIT' by giving the CITY at least thirty
days written notice in advance, then EMPLOYEE shall be deemed to have resigned in good standing.
Termination or resignation in good standing shall entitle EMPLOYEE to a lump sun payment equivalent to
all accrued vacation and other entitlement benefits, except that in no event will these benefits exceed
similar benefits accorded other unclassified employees.
SECTION S —SALARY, VACATIOiN, AND OTHER BENEFITS:
A. Salary. The CITI' agrees to pay the EMPLOYEE for his/her services in an amount as determined Fy City
Council on a Median Market Total Compensation basis for similar positions throughout the Tri—county
area, reported and payable in the same installnents and in the sane manner as other euployees are paid.
There may be performance evaluations as often as the CIT' deems appropriate and as provided in this
Agreement. There shall be a merit pay increase review annually. Apart from any merit pay increases,
the CITY agrees to compensate the EMPLOYEE with an annual increase for cost—of—living at least in the
same percentage and nanrer as awarded 'to the unclassified employees of the CIT'. EMPLOYEE shall be paid
$3,167/month ($38,000 annual equivalent) effective April 16, 1986 .
B. Hours Of Bork. Because E`SPLOYEE will devote a great deal of time outside normal office hours to
City duties, EMPLOYEE'S work week shall be a flexible work week.
C. Vacation. The CITY recognizes that EMPLOYEE had education and experience equivalent to 10 years
employment with the CIT' as of the date of this appointment. The employee shall therefore have 13.5
days of vacation available at the start of the first year, and henceforth accrue vacation at a higher
rate equivalent to other unclassified employees based on an equivalent April 16, 1976 effective date
of appointment.
D. Other Benefi':s. CIT' agrees to provide EMPLOYEE the same premium benefit allowances paid by City
for other unclassified positions of the City and to allow EMPLOYEE to allocate any unused benefit
allowances into a deferred compensation program designated by EMPLOYEE.
SECTION 5 —*NUAL GOAL—SETTING AND PERFORMANCE EVALUATION:
The City Administrator shall encourage the Mayor and individual members of 'the Council to periodically
identify their concerns with the Chief of Police functions of the City. The City Administrator, or
EMPLOYEE'S supervising officer, shall meet at least annually with the EMPLOYEE. to evaluate and assess
the performance of the EMPLOYEE in ,,.._ting o progressing towards the goals adopted by Council and
directed by City Administrator. These^annual evaluations shall be conducted by the City Adminis':rator,
unless City Council requests to participate in the evaluation. If City Council requests participation,
or the EMPLOYEE requests City Council participation, then the evaluation shall be in closed Executive
Session.
In.the event the City Adninistrator determines that the performance of the EMPLOYEE is unsatisfactory in
any respect or needs significant improvement in any area, the City Adr.+inistrator shall describe these
concerns in writing and in reasonable detail or with specific examples so as to be objective and
positive in nature. The EMPLOYEE has the right to request an audience with the City Council to discuss
these written concerns. The opportunity for performance review shall not be construed in any way as
granting a for cause or due process right.
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SECTION 6 — GENERAL PROVISICtfS:
A. Professional Liability. The CITY agrees to defend, hold harmless, and indemnify the EMPLOYEE from
C any and all demands, claims, suits, actions and legal proceedings brought against EMPLOYEE in his/her
individual capacity, or in her official capacity as EMPLOYEE of the CITY, if EMPLOYEE was acting within
the scope of his/her employment. The CITY agrees to pay premiums on appropriate insurance policies
through the CITY'S normal insurance program.
B. Other Terms and Conditions of employment may be determined by the CITY relating to the duties and
performance of the EMPLOYEE provided that such terms and conditions are not inconsistent with the
provisions of this Agreenent, the City Charter or any other law. Vothing shall restrict the ability of
the CIT' and EMPLOYEE to mutually and in writing amend or adjust the terms of this Agreement. EMPLOYEE
reserves the right to discuss the terms or termination of this Agreement with the City Council as a
whole in either closed Executive Session or open Regular Session as state law allows and as the EMPLOYEE
deems appropriate.
C. Except as otherwise specifically provided by this Agreement, the EMPLOYEE shall be entitled to
receive the same salary, compensation, vacation, sick leave and other benefits as accorded any other
unclassified City employee, including provisions governing accrual and payment therefore on termination
of employment. All provisions of the City Charter and other City programs relating to employee benefits
and workinn conditions as they now exist or as amended, shall also apply to the EMPLOYEE as to other
unclassified employees and are in addition to any benefits to the EMPLOYEE specifically identified in
this agreement.
D. Professional Development. The CI1'Y encourages the professional growth and development of the
EMPLOYEE. The CITY shall permit a reasonable amount of time for EMPLOYEE to attend and the CITY shall
pay for the direct costs necessary for travel, subsistence and registration as approved by the annual
budget.
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E. The EMPLOYEE is required to maintain residence within the Tri—county area in accordance with City
Code requirements.
F. The text herein shall constitute the entire Agreement hetaeen the parties and any oral or other
understandings are not binding upon the parties, unless specifically amended in writing by mutual
agreement. This Agreement shall be binding and inure to the benefit of the heirs at law and executors
of EMPLv VEE. This Agreement shall become effective as of April 16, 1986 .
G. Severability. If any provision, or any portion thereof, contained in this Agreement is held to be
unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof shall be
deemed severable and shall not be affected and shall remain in full force and effect.
IN WITNESS WHEREOF, the CITY OF TIGARD, OREGON has caused this Agreement to be signed and executed and the
EMPLOYEE hae signed and executed this Agreement, both in duplicate, the day and�year first above written.
r — City of Tigard — Employee
ATTEST — CityVdmini�tratcr
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