Loading...
Resolution No. 87-127 :a-i"'Y OF I TGARD, OREGON RESOLUTION No. 87- 1.2� A RESOLUTION OF THE -t:1:GP'':D CI-1Y COUNCIL APPROVING EMPLOYMENT AGREEMENT WITH ROBERT W. JEAN, CITY ADMTN�',IiRATOR. WHEREAS, the '1-igar-d City Council has reviewed performance of Robert W. Jean as City Administrator for' the period through August, 1987 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: ')'he [mployme.nt Agreement first entered into with Robert W. Jean dated August 24, 1981, amended September 13, 1982, August 29, 1983, May 20, 1985, and August 25, 1986, is hereby further amended by mutual agreement of- the pe+rties as set forth in the attached Exhibit "A". This Agreement will take effect July 1, 1987 and upon taking effect shall repeal and replace all prior Ayree.ments. Section 2: A base--pay merit increase shall be awarded effective July 1, 1987 per Exhibit "A" attached. $. Section _ A one-time merit bonus of $1,050.00 is also awarded and shall be effective upon massage of this Resolution. PASSED: This JC day of 0670/-2/L- 1907. Mayor - City of Tigard ATTEST: � - 4tycorder - Cityy o Tigar RESOLUTION NO. 87--_0_7 (ew/0580p/0010p) EXHIBIT "A" - RESOLUTION NO. AN EMPLOYMENT AGREEMENT (Revised Text As Amended Through August, 1987) THIS EMPLOYMENT AGREEMENT, made and entered into this 24th day of August, 1981, and as amended September 13, 1982, August 29, 1983, May 20, 1985, August 25, 1986, and October 19, 1987, 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 1 - 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, disciplining and firing of all City employees except 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, 1987, 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 interfere 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 I s i 111 SECTION 3 - ANNUAL RENEWALS: Unless the CITY notifies the EMPLOYEE to the I 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 wresting thirty (30) days before the start of the remaining agreement year, EMPLOYEE agrees to accept renewal of this Agreement as heretofore stated. 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 4 standing shall entitle EMPLOYEE to a lump sum payment equivalent to all accrued vacation, sick leave, and other entitlement benefits, except thain t no event will these benefits exceed similar benefits accorded other unclassified employees. EMPLOYMENT AGREEMENT - PAGE 2 1 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 thirty (30) 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 emplovees 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, lump sum or merit bonus as City Council deems appropriate, the CITY agrees to compensate the EMPLOYEE with an annual increase for ctist-of-living at least in the same percentage and manner as awarded to the unclassified employees of the CITY. EMPLOYEE shall be paid $4,392/month ($52,700 annual equivalent) effective 7/1/87. 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 be::eflt 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, 1981. 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: Citv 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. 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, an amount at least equal to that same percentage of salary contributed for the City's other management/professional employees. E. 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 Y 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 Conference. 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 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 8 - ANNUAL GOAL-SETTING AND PERFORMANCE EVALUATION: The Mayor an.'1 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 to 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 unsatisfactory 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 and 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 Session or open Regular Session as state law allows and as the EMPLOYEE deems appropriate. EMPLOYMENT AGREEMENT - PAGE 4 r ecifically provided by this Agreement, the C. Except as otherwise sp Employee shall be entitled to received the same salary, compensation, other vacation, sick leave and rovisionsed other ngoverning accrual efits as dand ypay payment thereforeunclassifon City employee, including p r Charter and other City termination of employment. All provisions of the Citynow programs relating to employee benefits the EMPLOYEE as toand working tother unclas ified exist or as amended, shall also app Y any benefits to the EMPLOYEE specifically employees, and are in areement,ditIon to EMPLOYEE agrees to a one-time voluntary identified in this ag reduction of his earned accrued vacation leave balance of 150 hours as a par of the overall compensation adjustment discussions per this agreement renewal. D The EMPLOYEE is required to maln.taiTemporary n relocation circumstances may residence In the city in accordance to City Code requirements. be approved by the Mayor with Council consent. E. The text herein shall constitute the entire Agreement between th parties and any oral or other understandings are not binding upon the parties, unless specifically amended in writing by mutual agreement This AgreemenOf t stall be binding and inure to the benefit of the heirs at law, and 987eandoshall effective as of Jul EMPLOYEE. This Agreement shalnd l become effec1, remain in effect through June 30, 1988, except if renewed pursuant to this Agreement, provision, or any portion thereof, contained in F. Severability: If any p this remainder eofnthis Agreement or t is held to be unconstitutional, uthereof shall invalibeodeemed f severable and shall not be affected, and shall remain in full force and effect. 1 IN WITNESS WHEREOF, the CITY OF TIGARD, OREGON has caused this Agreement to be signed and executed and the and EMPLOYEE yOear first above written.xecuted this Agreement, both in duplicate, the day jet �t - l�vl Sea of Ti and Ro ert S . n - Employee City i Mayan - g 1 A ASST: City Recorder APPROVED AS TO FORT - City Attorney <eco/OSSOp/�0010-pp F'KPLOYMENT AGREEMENT - PAGE 5 Rt