Resolution No. 91-52 CITY OF TIGARD, OREGON
RESOLUTION NO. 91-J
A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING THE EMPLOYMENT
AGREEMENT WITH PATRICK J. REILLY, CITY ADMIN=STRATOR
WHEREAS, the Tigard City Council has reviewed performance of
Patrick J. Reilly as City Administrator for the period through
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3.01954, as provided under City - rules and in the
ployment'Agreement; and
WHEREAS, the Tigard City Council has found the City Administrator Is
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
Patrick J. Reilly dated September 18, 1988, is
hereby further amended by mutual agreement of the
parties as set forth in the attached Exhibit "A."
This Agreement will take effect July 1, 1991, and
upon taking effect shall repeal and replace all
prior Agreements.
PASSED: This t ls/kh day of
.y. - City of Tigard
ATTEST:
�
City Recorder - City of Turd
RESEMPLOY
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AN EMPLOYMENT AGREEMENT
(Revised Text as Amended Through July 1, 1991)
THIS EMPLOYMENT AGREEMENT, made and entered into this 1st day
of July, 1991, by and between the CITY OF TIGARD, OREGON,
hereinafter referred to as "CITY," and PATRICK J. REILLY
hereinafter referred to as "EMPLOYEE."
WITNESSETH'
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;
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 Patrick J. Reilly as City Administrator. The
EMPLOYEE agrees to accept said employment.
The authority of EMPLOYEE, consistent with state law,
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City Charter of 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 May:)r and Council agree to the principal 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 two years commencing on July 1, 1991, with annual renewals
as herein provided.
A. Nothing in the Agreement shall prevent, limit, or
otherwise interfere with the right of the City Council to terminate
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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
CT-TY during the term of this Agreement, 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 direction upon the
ac'vice of the Mayor.
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
CT-TY 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 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
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existing, effective ending date. Renewal shall automatically occur
unless specific action to the contrary is taken or a mutually
agreed upon change to this Agreement.
SECTION 4 - TERMINATION AND SEV MANCE:
A. Termination Without Cause. This Agreement may be
terminated by either the CITY or EMPLOYEE for any reason whatsoever
upon the giving of sixty (60) 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 rebuses
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;
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(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-Ca,,:se by the City Council before
e7:piration 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 on a monthly basis
and at the EMPLOYEE'S highest rate of base salary during his term
of City employment, for a six (6) month period. Monthly severance
payments by CITY shall cease if prior to or during the period of
the above scheduled payments, EMPLOYEE accepts employment with
another City, or another employer of any other type. 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
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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 C of
this section shall apply. Termination or 'resignation in good
standing shall entitle EMPLOYEE to a lump-sum 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.
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 sixty (60) days' written notice in
advance, and EMPLOYEE shall be present to serve during the period.
The City Council shall have the discretion whether EMPLOYEE shall
continue in his position during this notice period.
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.
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There shall be a merit-pay increase review annually at least thirty
(30) days before the effective annual renewal date of this
Agreement. The City Council may award a merit bonus, as it deems
appropriate, with a cap of five (5) percent of EMPLOYEE's gross
wage over the term of this Agreement. EMPLOYEE shall be paid
$5,500/month ($66,000 annual equivalent) effective July 1, 1991.
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.
t" 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 October 3, 1988_ EMPLOYEE shall
therefore accrue vacation at fifteen (15) days per year to be used
as he deems appropriate, and shall henceforth accrue vacation at
said rate equivalent to other unclassified employees_
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.
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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.
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 $110,000 Group
Term Life Insurance through the IC14A Life Insurance Program on
EMPLOYEE's behalf for beneficiary to be named by EMPLOYEE.
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 associations, short courses,
seminars and conferences including, but not limited to: the
International City Management Association and its annual
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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 subject to reasonable availability of
funds and as approved in the annual budget. The CITY shall pay
ICMA Conference registration, expenses, except transportation costs
for EMPLOYEE,s spouse, if actively participating in the conference.
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
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of the Mayor.
SECTION 8 - ANNUAL GOAL-SETTING AND
EVALIIATION:
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
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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 access 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
a 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 ENPLOYEE'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
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the scope of his employment. The CITY agrees to pay premiums an
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 o:E
the EMPLOYEE provided that such terms and conditions are not
inconsistent with the provisions of this Agreement, the City
Charter or any other law. EMPLOYEE shall receive benefits equal
to those provided to other City management employees, except where
specifically addressed in this Agreement. 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.
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 therefor on termination of
employment. All provisions of the City Charter and other City
programs relating to employee benefits and working conditions as
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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 tbis Agreement.
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 and 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 to the heirs at law and executors of EMPLOYEE. This
Agreement shall become effective as of July 1, 1991, and shall
remain in effect through July 1, 1993, except if renewed pursuant
to this Agreement.
F. 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 has signed and
executed this Agreement, both in duplicate, the day and year first
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written above.
,�ayor - City of Tigard Patri J. Rei C' y ogee
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2.t,v�.e C.L�d
ATTEST: City RecordeAP ROVED AS - City
Attorney
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