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Resolution No. 86-128 I f CITY OF TIGARD, OREGON RESOLUTION NO. 86--1,2-F A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING AN EXECUTIVE SERVICE EMPLOYMENT AGREEMENT WITH Jill Monlev , Community Services Director/Assistant City Administrative Officer/Acting Finance Officer. WHEREAS, the City wishes to assure certain protections for City officer and department head positions in regard to possible 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 Jill Monlev I Community Services Director/Assistant City Administrative Officer/Acting Finance Officer. This Agreement will take effect December 22, 1986 PASSED: This 17th day of November 1986. Mayor — City of Tigard ATTEST: f City Recorder — City of Tigard RWJ:lw/4147A/0028A RESOLUTION NO. 86—/a� i EXHIBIT "A" - RESOLUTION NO. 86- 1s�g AN EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT, made and entered into this 17th day of November 1986 by and between the CITY OF TIGARD, OREGON, hereinafter referred to as "CITY" and Jill Monley I Congmunity Services Director/Assistant City Administrative Officer/Acting Finance Officer, 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 Elir LOYEE 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 mutually agree: SECTION 1 - EMPLOYMENT, DUTIES PdND AUTHORITY: The CITY has agreed to employ Jill Manley_ as Connunity Services Director/Assistant City 'administrative Officer/Acting Finance Officer consistent with state law, City Charter, ordinance, resolution, administrative procedures and described in EMPLOYEE'S job description (Exhibit "B"). The EMPLOYEE agrees to accept said employment serving at will at the pleasure of the City Ad,rrinistrator, with Mayor and Council Consent, as the appointing authority. SECTION 2 -TERM: f The term of this agreement shall be indefinite. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the CITY to tc.,"inete the services of EMPLOYEE at any time, subject only to the provisions set forth in ibis P,graement, nor nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the EMPLOYEE to resign at any time from his/tier position with the CITY, subject only to the provisions set forth in this Agreement. SECTION 3 -TERMINATION AND SEVERfa;NCE: A. Termination At Will Not For Cause. There shall be a six-month probationary period which the City may terminate AT Will Not For Cause upon giving thirty (3n) days' wri.iten notice and without severance Pay. Thereafter, 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 per the terms of this agreement. Nothing shall restrict the CITY'S right to give notice and insrediately suspend with pay the EMPLOYEE from his/her duties. B. rernination For Cauae. 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 regulations applicable to employees in a For Cause termination. C. Severance Applicability. In the event EMPLOYEE is involuntarily terminated At Will Not For Cause after the six (6) month probationary period 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 employ f EMPLOYEE for a like time following the 30 day written notice period, a lmrp sum severance payment equal \- to forty-five (45) days' pay following the 30 day notice. 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 g.,in 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 CIT' t 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 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 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. SECTIC:4 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 same installments and in the sane manner, as other employees 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 EMPLOYEF_ with an annual increase for cost-of-living within pay range at least in the same percentage and manner as awarded to the unclassified employees of the CITY. EMPLOYEE LOY'EE shall be paid $3.,3q/month ($39,560 annual equivalent) e reetj,- DeCe,4ber +9a6 B. Hours Of Rork. Because EMPLOYEE will devote a great deal of time outside normal work, periods or office hours to City duties, EMPLOYEE'S work, week shall be a flexible work week. The City Administrator at his/her sole discretion may allow a reasonable amount of "like time" off in consideration for time worked beyond a normal work period, Any "like time" off granted at the discretion of the City Administrator shall not be an accrued benefit to be paid upon termination or resignation. Salary shall be considered full compensation for the position. C. Vacation. The CITY recognizes that EMPLOYEE had education and experience equivalent to 5 full years employment with the CIT' as of the date of this appointment. EMPLOYEE shall therefore accrue vacation at riot less than 12 days per year (8 hours/month), and shall henceforth accrue vacation at a higher rate equivalent to other unclassified employees based on an equivalent December 22, 1581 effective date 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 benerit 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 comments about the Conmeunity Services Director/Assistant City Administrative Officer/Acting Finance Officer functions of the City. The City Administrator 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 -equests 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 f any respect or needs significant improvement in ary 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 Ascuss these written concerns. The opportunity for performance review shall not be construed ir, any way as granting a for cause or due process right. i SECTION 6 — GENERAL PROVISIONS: A. Professional Liability. Tine CITI' agrees to defend, hold harmless, and indeenify the EVL01'EE from any and all demands, claims, suits, actions and legal proceedings broaght against EMPLOYEE in his/her individual capacity, or in her official capacity as EMPLOYEE of the CtT'1', 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 Ternrs and Conditions of employment may be determined try the CITI' 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 iavu. 4othing shall restrict the ability of the CITY and EMPLOYEE to mutually and in writing amend or adi,ust the terms of this Agreement. EMPLOYEE reserves the right to discuss the tem)s 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 E'MPLOY'EE deems appropriate. C. Except as otherwise specifically provided by this Agreement, the EMPLOYEE ahall be entitled to receive the sante salary, compensation, vacation, sick leave and other benefits as accorded arty 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 s;^king 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 EMPLJY'EE specifically identified in this agreenrrni. D. Professional Development, The CITI' encourages the professional growth and development of the EMPLOYEE. The CIT' shall permit a reasonable amount of time for EMPLOYEE to attend and the CIT' shall pay for the direct costs necessary for travel, subsistence and registration as approved by the annual budget. 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 betxeen '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 became effective as of December 22, 1986 G. Severability. If any prevision, or any portion thereof, contained in 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 CIT' 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. �� �,�-�� � �, /fldyor — City of Tigard Jill Monlev A Employee G ATTEST VICity Administrator (RWJ:lw/4147A/0028A) COMMUNITY SERVICES DIRECTOR GENERAL STATEMENT OF DUTIES: An executive service level position as Community Services Department Head and as Assistant City Administrative Officer. Administers the divisions of Finance and Accounting, and Support Services/City Recorder. Directly supervises the City's personnel/labor relations, purchasing, insurance/risk management, and community/public relations programs. Serves as an Officer of the City as Assistant City Administrator and acts as City Administrator in his absence when designated or on city—wide projects as assigned. SUPERVISION RECEIVED: An executive service level position appointed and removed at will by the City Administrator as appointing authority with consent of Council. Works under general direction of City Administrator who periodically reviews activities for goals achieved and results obtained. SUPERVISION EXERCISED: Provides general supervision and direction to the City Recorder/Support Services Manager, and the Finance Director. Directly supervises the Assistant Director/Personnel Director/Purchasing Agent, Community Administrative Assistant, and the department's confidential Executive Secretary. Acts as City Administrator in his absence or as designated. EXAMPLES OF PRINCIPLE DUTIES: (Any single position of a classification will not necessarily involve all of the duties listed, and many positions will involve duties which are not listed.) 1. Interprets and implements City Council and city management policies regarding finance, accounting, personnel/labor relations, purchasing/contracting, insurance/risk management, community service/public relations, and related support services, within scope of responsibility/accountability designated. 2. Delegates responsibilities to division managers and other subordinates and exercises full scope of supervisory duties, including setting and reviewing performance goals, etc. 3. Initiates and develops departmental policies and goals, seeking administrative or policy—making approval as needed; administers approved policies and plans; reviews and revises procedures and plans as needed for optimum performance. 4. Prepares department budget for Administrator/Council approval; administers and monitors approved budget. 5. Represents the department before the City Council, necessary boards and commissions, and a variety of intergovernmental organizations, as well as the general public. Represents the City Administrator in his absence or as designated. 6. Manages interdivisional conflict and coordination. Coordinates work with other departments. d' ( 7. Drafts a variety of correspondence, reports, etc., for City Council and others as required. i 1 COMMUNITY SERVICES DIRECTOR Page Two 8. Participates in a variety of city organizational meetings on a periodic basis in conjunction with assigned responsibilities. 9. Performs variety of regular management activities s-.ich as overseeing recruitment, selection and training of personnel su peevised, conducting periodic performance/progress reviews, goals setting meetings, personnel evaluation/follow–up, verifying payroll records, approving requests for leave or training, and like matters. 10. Performs related duties and assumes additional responsibilities as needs of the City dictate, including but not limited to: Board and Committee Support, Public Information and Community Relations, Employee Relations, and Special Projects. DESIRABLE QUALIFICATIONS: Knowledge of: General accounting, budgeting, and related fiscal matters, or personnel/labor relations, and sound management principles and practices. Thorough knowledge in one or more of areas supervised. Ability To: Plan, direct, and administer- the divisions of Finance/Accounting, City Recorder/Support Services, as well as the functions of personnel/labor relations, Purchasing, insurance/risk management-, public/community services, and related. Establish and maintain effective working relationships with subordinates, peers, city officials, members of boards and commissions, other t, management staff, as well as diverse citizen public. Develop ideas and express them orally and in writing, including making effective presentations at public meetings. Skill In: Communication, application of knowledge and skill to areas supervised, budget preparation and fiscal administration., personnel management/labor relations, and modern management principles and practices. Specialized skill in interpersonal relations, conflict resolution, and "team" building. EXPERIENCE AND TRAINING: Master's degree in Public Personnel, Business Administration or related field — or equivalent combination of education, training and experience, plus eight years of progressively–mare—responsible public service administrative experience, including at least three years at the senior manager level. Requires general familiarity or experience with personnel/labor relations, public sector contracting, purchasing, insurance, risk management, budgeting, accounting, and related fiscal management procedures, with considerable expertise in one or more of the areas supervised. SPECIAL REQUIREMENT: Incumbent in this position serves "at will" of City Administrator and may be released from employment without cause. An Executive Service At Will Employment Agreement will be offered by the City. Incumbent must establish and maintain permanent residency within the boundaries of Clackamas, Multnomah, and Washington Counties of the State of Oregon within i' nine months of appointment. t 1-, Valid driver's license or ability to obtain one within 30 days of appointment. sbl06/sb5