Loading...
Resolution No. 86-43 n CITY OF TIGARD, OREGON RES'OLU'TION NO, 86— LIQ A RESOLUTION OF 1'14E TIGARD CLIY 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 Lehr Chief of Police This Agreement will take effect April 16. 1986 PASSED: This day of 1986. } i City of Tigard ATTEST: t%city Recorder - City of Tigard RW7:lw/12YOF RESOLUTION NO. 86-- 'T� EXHIBIT "A" - RESOLUTION NO. 86- _ AN EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGr.EEMENT, made and entered into this day of , 1986 by and between the CITY OF TIGARD, OREGON, hereinafter referred to as "CITY" and DAVID LEHR. 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, 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, THEREFORE, in consideration of mutual covenants herein contained and for consideration herein specified, the CITY and EMPLOYEE rautually agr_z: SECTION I - 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 described in EMPLOYEE'S job description (Exhibit "B"). Tha EMPLOYEE agrees to accept said employment serving at will at the pleasure of the City Administrator as the appointing authority. SECTION 2 - TERM: The term of this agreement shall be indefinite. Nothing in this Agreement shall prevent, limit, or s" otherwise interfere with the right of the CITY 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. Termination At Will Not For 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. Nothing shall restrict the CITY'S right to give notice and inmediately suspend with pay the EMPLOYEE from his/her duties. 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 by the CITY in writing immediately 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 regulati,ns applicable to employees in a For Cause termination. C. Severance Applicability. In the event EMPLOYEE is involuntarily terminated At Will Not For Cause by CITY 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 E.ploy EMPLOYEE for a like time following the 30 day written notice period, a Imp 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. 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, then the EMPLOYEE may, at his/her opt°on, 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 Agreeme•rt, and the severance pay provision of this section shall apply. E. If EMPLOYEE voluntarily resigns his/her position with the CITY 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 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. SECTION 4 - SALARY, VACATION, AND OTHER BENEFITS: A. Salary. The CITY agrees to pay the EMPLOYEE for his/her services in an amount as determined by City Council on a Median Market Total Compensation basis for similar positions throughout the Tri-county area, reported and payable in the sane installments and in the same manner as other employees are paid. There may be performance evaluations as often as the CITY deems appropriate and as provided in this Agree=-nt. 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 manner as awarded to the unclassified employees of the CITY. EMPLOYEE shall be paid $3_.167/month (§39.000 annual equivalent) effective ril 16 1986 . 8. tours Of Work. Because EMPLOYEE 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 enployment with the CITY as of the date OF this appointment. EMPLOYEE shall therefore accrue vacation at not less than 9 days per year, and shall henceforth accrue vacation at a higher rate equivalent to other unclassified diyioyc— based on an equivalent April 16. 1976 effective dat-- of appointment. D. Other Benefits. CITY 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 - ANNUAL 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 meeting or progressing towards the goals adopted by Council and directed by City Administrator. These annual evaluations shall be conducted by the City Administrator, 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 Administrator determines that the performance of the EMPLOYEE is unsatisfactory in any respect or needs significant improvenent in any area, the City Administrator 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. SECTION 6 - 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/her individual capacity, or in her official capacity as EMPLOYEE of the CITY, if EMPLOYEE was acting within the scope of his/her empl^yment. The CITY agrees to pay premiums on appropriate insurance policies through the CITY'S normll 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 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 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 crorking 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 CITY 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. i` S 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 between the parties and any oral or other understandings are not binding upon the parties, unless specifically amended in writing by mutual agrexrent. 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 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 WAEREOF, 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. Mayor - City of Tigard _ Employee ATTEST - City Administrator (RWJ:lw/1270F)