Resolution No. 86-98 CITY OF TIGARD, OREGON
RESOLUTION NO. 86-
A RESOLUTION OF THE TIGt'RD CITY COUNCIL APPROVING EMPLOYMENT AGREEMENT WITH
ROBERT W. JFAN, CITY ADMINISTRATOR.
WHEREAS, the Tigard City Council has reviewed performance of Robert W. Jean as
City Administrator for the period through August, 1986 as provided under City
rules and in the Employment Agreement; and
WHEREAS, the Tigard City Council has found the City Administrator's employee
performance to be satisfactory.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The Employment Agreement first entered into with Robert W. Jean
dated August 24, 1981, amended September 13, 1982, August 29, 1983, and
May 20, 1985, is hereby further amended by mutal agreement of the parties as
set forth in the attached Exhibit "A". This Agreement will take effect
July 1, 1986 and upon taking effect shall repeal and replace all prior
Agreements.
Section 2: A merit increase be awarded effective July 1, 1986.
PASSED: This .'7 ?� day of 1986.
e
Na qty of Tigard
ATTEST:
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Acting City Recor3er - City of Tigard
RESOLUTION NO. 86- -g
(lw%0580pj0010p)
EXHIBIT "A" - RESOLUTION NO. 86-
AN EMPLOYMENT AGREEMENT
(Revised Text As Amended Through August, 1986)
THIS EMPLOYMENT AVREEMENT, made and entered into this 24th day of August,
1981, and as amended September 13, 1982, August 29, 1983, May 20, 1985, and
August 25, 1986, by and between the CITY OF TIGARD, OREGON, hereinafter
referred to as "CITY", and ROBERT W. JEAN, hereinafter referred to as
"EMPLOYEE".
W I T N E S S E T H:
WHEREAS, CITY and EMPLOYEE desire a written agreement creating a
professional and businesslike relationship, serving as a basis for effective
communication and to avoid misunderstanding; and,
WHEREAS, by not having to worry about personal finances or family
security, the EMPLOYEE can effectively concentrate on the CITY'S business;
WHEREAS, both parties wish to update and amend the existing Agreement;
THEREFORE, in consideration of mutual covenants herein contained and for
consideration herein specified, the CITY and EMPLOYEE mutually agree:
SECTION I - EMPLOYMENT, DUTIES AND AUTHORITY: The CITY has agreed to
employ ROBERT W. JEAN, as City Administrator. The EMPLOYEE agrees to accept
said employment.
The authority of EMPLOYEE, consistent with state law, City Charter or
ordinance, shall include, but not be limited to the following: the overall
management, administration and direction of City operations; the hiring,
discinlining and firing of -ill Citv emnIOYees accept Municipal Judge and City
Attorney; the negotiation, execution and administration of City contracts
within budget appropriations pursuant to City policy and ordinance; policy
advice to elected officials and open communication with the community so as to
foster responsive and courteous public service. Any reduction or revocation
of either the duties or authority, except by mutual written agreement to the
contrary, shall constitute a breach of this Agreement.
The Mayor and Council agree to the principle of noninterference in the
administration as necessary to the orderly and efficient implementation of
Council policy. The Mayor and council agree to direct their concerns and
communications to the administration through the City Administrator. The
EMPLOYEE agrees to respond promptly to all inquiries from the Council whether
made individually or collectively.
SECTION 2 - TERM: The term of this revised agreement shall be for one
year commencing on July 1, 1986, with annual renewals as herein provided.
A. Nothing in this Agreement shall prevent, limit, or otherwise interfere
with the right of the City Council to terminate the services of EMPLOYEE at
any time, subject only to the provisions set forth in this Agreement.
B. Nothing in this agreement shall prevent, limit or otherwise 1nterfcre
With the right of the EMPLOYEE to resign at any time from his position with
the CITY, subject only to the provisions set forth in this Agreement.
C. EMPLOYEE agrees to remain in the exclusive employ of the CITY during
the term of this Agreement, and neither to accept, nor to become employed by
any other employer until said contract termination date, unless said
termination is effected as hereinafter provided. The term "employed." shall
not be construed to include occasional teaching or consulting on the
EMPLOYEE'S time off, which shall be at the EMPLOYEE'S discretion upon the
advice of the Mayor.
EMPLOYMENT AGREEMENT - PAGE 1
SECTION 3 - ANNUAL RENEWALS: Unless the CITY notifies the EMPLOYEE to the
contrary in writing thirty (30) days before the start of each remaining
agreement year, it shall be deemed that the CITY has renewed this Agreement
for one (1) year beyond the term of that current agreement. Unless the
EMPLOYEE notifies the CITY to the contrary in writing thirty (30) days before
the start of the remaining agreement year, EMPLOYEE agrees to accept renewal
ofthis Agreement as heretofore s*_ate3, if the term of the agreement is not
extended as herein provided, it shall be allowed to reach its existing
effective ending date. Renewal shall automatically occur unless specific
action to the contrary is taken or a mutually agreed upon change made to this
Agreement.
SECTION 4 - TERMINATION AND SEVERANCE:
A. Termination Without Cause. This Agreement may 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.
B. Termination for Cause. In the event of a For Cause termination, this
Agreement shall not be deemed to construe any waiver of rights or remedy
available to any employee. This Agreement may be terminated immediately For
Cause in the sole discretion of the CITY upon the occurrence of any one of the
following events:
(1) EMPLOYEE willfully and continuously fails or refuses to comply
with the policies, standards and regulations of the CITY as are from time to
time established:
(2) EMPLOYEE shall be guilty of fraud, dishonesty, misappropriation
of funds, embezzlement, or other act of misconduct in the rendering of
services on behalf of the CITY:
(3) EMPLOYEE shall fail to refuse to perform faithfully or
diligently any of the provisions of this Agreement.
(4) EMPLOYEE shall be found unfit for the position per Federal,
State and City rules and regulations applicable to all employees in a For
Cause termination.
C. Not For Cause termination. "In the event EMPLOYEE is involuntarily
terminated not For Cause by the City Council before expiration of the term of
employment and 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 a lump
sum severance payment equal to two (2) month's pay and two monthly payments
each month after termination, the total of which shall be a severance payment
equal to four (4) months pay at the EMPLOYEE'S highest rate of base salary
during his term of City employment. However, if EMPLOYEE is terminated For
Cause per Section 4B of this agreement or convicted of any illegal act
involving personal gain to him, then CITY shall have no obligation to pay the
severance pay.
D. 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 CITY refuses following
written notice requesting compliance with any other provision benefiting
EMPLOYEE herein, or if EMPLOYEE resigns following public suggestion, whether
formal or informal, by a majority of the City Council that he resign, then the
EMPLOYEE may, at his 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 under
paragraph A of this section shall apply. Termination or resignation in good
standing shall entitle EMPLOYEE to a lump sum payment equivalent to all
accrued vacation, sick leave, and other entitlement benefits, except that in
no event will these benefits exceed similar benefits accorded other
unclassified employees.
EMPLOYMENT AGREEMENT - PAGE 2
E. If EMPLOYEE voluntarily resigns his position with the CITY before
expiration of said term of employment, then EMPLOYEE shall give the CITY at
least forty-five days notice in advance.
F. "Expiration of the AGREEMENT term due to non-renewal by CITY shall
entitle EMPLOYEE to severance as provided for involuntary termination during
mid-term of the AGREEMENT in Section C., but reduced as follows: 91-120 days
notice for two (2) months severance; 31-90 days notice for three (3) months
severance; 30 days or less for four (4) months severance."
SECTION 5 - SALARY, HOURS OF WORK, VACATION AND SICK LEAVE:
A. Salary - The CITY agrees to pay the EMPLOYEE for his services in an
amount as set by the City Council, payable in the same installments and in the
same manner as other employees are paid. There may be performance evaluations
as often as the Council deems appropriate and as provided in Section 8 of this
Agreement. There shall be a merit pay increase review annually at least
thirty (30) days before the effective annual renewal date of this Agreement.
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
manner as awarded to the unclassified employees of the CITY. EMPLOYEE shall
L be paid $4,167/month ($50,000 annual equivalent) effective 7/1/86.
B. Hours of Work: Because the EMPLOYEE will devote a great deal of time
outside normal office hours to the business of the CITY and because
flexibility in hours worked and work schedules benefit both the CITY and
EMPLOYEE, the EMPLOYEE has sole discretion as to his work schedule and hours
worked.
C. Vacation: The City recognizes that EMPLOYEE had education and
experience equivalent to ten (10) years employment with the CITY at date of
hire on August 24, 2981. EMPLOYEE shall therefore accrue vacation at not less
than fifteen (15) days per year to be used as he deems appropriate, and shall
henceforth accrue vacation at a higher rate equivalent to other unclassified
employees based on an equivalent August 24, 1971 effective date of hire_
D. Payroll Reporting: EMPLOYEE shall be on straight salary as per this
section of the Agreement and shall be paid automatically by the CITY as per
this Agreement. Any vacation or sick leave used shall be reported to the CITY
in the same manner as for other City employees.
E. Deferred Compensation: City agrees on EMPLOYEE'S behalf additional
to the provisions under Section 6 to contribute into a deferred compensation
program designated by EMPLOYEE an amount equal to 6% of EMPLOYEE'S salary
effective 7/1/85. Should the City increase its current retirement
compensation rate for other unclassified employees, the 6% contribution shall
be reviewed.
j SECTION 6 - RETIREMENT, DISABILITY AND HEALTH INSURANCE:
A. Retirement: The CITY agrees to contribute into either the ICMA
Retirement Corporation or the CITY'S retirement program, on EMPLOYEE'S behalf,
C an amount at least equal to that same percentage of salary contributed for the
City's other management/professional employees.
B. Health Insurance: The CITY agrees to provide a comprehensive annual
physical for EMPLOYEE. The CITY agrees to continue to provide coverage and
make required premium payments for EMPLOYEE and his dependents for
comprehensive medical and dental plans equivalent to other programs provided
other regular unclassified employees.
C. Life Insurance: CITY agrees to purchase $115,000 of Group Term Life
Insurance through the ICMA Life Insurance Program on EMPLOYEE'S behalf for
beneficiary to be named by EMPLOYEE in a premium cost to CITY not to exceed
$91.30 per quarter year.
EMPLOYMENT AGREEMENT - PAGE 3
SECTION 7 - PROFESSIONAL DEVELOPMENT AND EXPENSES:
A. The CITY encourages the professional growth and development of the
EMPLOYEE and encourages participation as he deems appropriate in professional
association, short courses, seminars and conferences including, but not
limited to: the International City Management Association and its annual
conference, and the State Municipal League Cor:ference. 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 in the annual budget.
B. The City shall provide $250 per month vehicle allowance to Employee
t who shall provide his own vehicle, insurance, operation and maintenance.
Employee shall provide for oil and gasoline within the Portland Metro area.
City shall reimburse for gasoline expenses on City business outside the
Portland Metro area.
C. The CITY recognizes that certain expenses of a job affiliated nature
are incurred by EMPLOYEE on behalf of the CITY and hereby agrees to reimburse
or pay said general expenses on a monthly reimbursement basis, and the CITY
shall disburse such monies per receipts or personal affidavits. Any civic
service club memberships taken out at CITY expense shall be upon the approval
of the Mayor.
SECTION S - ANNUAL GOAL-SETTING AND PERFCRvLANCE EVALUATION: The Mayor and
individual members of the Council shall be encouraged to periodically identify
their concerns to the EMPLOYEE by either informal discussions with the
EMPLOYEE or by more formal means during Council meetings. The Council shall
meet with the EMPLOYEE at least annually for the purpose of setting council
goals and priorities. The council and the EMPLOYEE shall meet at least
annually --e evaluate and assess the performance of the EMPLOYEE in meeting or
progressing towards the goals formally adopted by Council as well as the
exercise of authority granted in Section 1 of this Agreement. These annual
evaluations shall be in closed Executive Sessions and shall be conducted at
least one hundred and twenty (120) days prior to the annual renewal date of
this Agreement.
In the event the CITY determines that the performance of the EMPLOYEE is
unsr.tisfactory in any respect or needs significant improvement in any area,
the CITY shall describe these concerns in writing and in reasonable detail or
with specific examples so as to be objective and positive in nature. As
provided in Section 5 of this Agreement, the EMPLOYEE'S salary shall be
reviewed at least annually after the performance evaluation.
SECTION 9 - GENERAL PROVISIONS:
A. Professional Liability: The CITY agrees to defend, hold harmless,
and indemnify the EMPLOYEE from any and all demands, claims, suits, actions
_n] legal proceedings brought against EMPLOYEE in his individual capacity, or
in his official capacity as agent and EMPLOYEE of the CITY, if EMPLOYEE was
acting within the scope of his employment. The CITY agrees to pay premiums on
appropriate insurance policies through the CITY'S normal insurance program and
through the Public Officials' Liability Insurance Program of the International
City management Association.
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
Agreement, the City Charter or any other law. Nothing shall restrict the
ability of the CITY 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 Council as a whole in either closed
Executive Sessior- or open Regular Session as state law allows and as the
E EMPLOYEE deems appropriate.
EMPLOYMENT AGREEMENT - PAGE 4
C. Except as otherwise specifically provided by this Agreement, the
Employee shall be entitled to received 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 working 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. EMPLOYEE agrees to a one--time voluntary
reduction of his earned accured vacation leave balance of 150 hours as a part
of the overall compensation adjustment discussions per this agreement renewal.
D. The EMPLOYEE is required to maintain residence in the city in
accordance to City Code requirements. Temporary relocation circumstances may
be approved by the Mayor with Council consent.
E. The text herein shall constitute the entire Agreement between 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
EMPLOYEE. This Agreement shall become effective as of July 1, 1985 and shall
remain in effective through June 30, 1985, except if renewed pursuant to this
Agreement.
F. Severability: I£ 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 has signed and executed this
Agreement, both in duplicate, the day and year first above written.
r`-- City of Tigard Robert W. an - Employee
U ATTEST - Actin Cit Recorder
Acting ]' PP O ED AS TO_FO J- City Attorney
Clew/0580p/OO10p3
EMPLOYMENT AGREEMENT —PAGE 5
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