Resolution No. 88-32 CA,TY OF TIGARD, OREGON
RESOLUTION NO. 88-3-4
A REIROLUTION Of THL 11UAR0 CITY CoijNcii. ArF)RoviNG AN EXLCUF-`AVL SERVICE
EMPLOYMENT" COMMUNITY DEVELOPMENT DIRECTOR.
WHEREAS. the City wishes to E—kure certain protections for City department
hm-ad PC'sitilons ;r'. at-will employees serving
.At the pleasure of the appointing authority.
NOW, THEREFORE, HE IT RESOLVED by the Tigard City Council that:
Section 1: This Employment Agreemcr 'c (attached Exhibit "A") be entered into
with Ed Murphy, Community Development Director. chis Agreement will take
effect May 16, 1988.
PAsstD: This 11th day of April 1988.
Mayor City of Tigard
ATTEST:
Deputy City R�.. r�d4e�Iity f5h—,.rj
APPROVED AS TO FORM:
A
City
Recd
Date
RW3:lw/1656p/0002p
RESOLUTION No.
EXHIBIT "A•• - RESOLUTION NO. 68- _
AN EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT, made and entered into this filth day of April , 1488 by and between the CITY OF
TIGARD, OREGON, hereinafter referred to as "CITY" and Ed Murphy , Community Dev4lopment Director, herein-
after 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 -i11 �.,., y __ the
G. :$r appv;,,Ling auiiwriiy; and,
WHEREAS, CITY and EMPLOYEE desire a written agreement creating a professional and businesslike relationship,
serving ms a basis for effective camwnication 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 AND AUTHORITY:
The CITY has agreed to employ Ed Murphy as Community Development Director consistent with state 1.:::
® City Charter, ordinance, resolution, adminSetrative rprocedures and described in EMPLOYEE'S job
description (Exhibit "B")_ The FMP1nrc �Qr
_c a < t� ., ant said ..,.,1n nt serv,na At •"+11 • •�•,
pleasure of the City Administrator, with Mayor and Councilconsent, as the appointing authority.
SECTION 2 - TERM:
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 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 otimerwise interfere with the right of the EMPLOYEE to resign at any time from h;s position
with the CITY, suL.ject only to the provisions set forth in this Agreement.
SECTION 3 - TERMINATION AND SEVERANCE:
A. Termination At Will Not For Cause. There shall be a six-moth probationary period which the City
may terminate At Will Not For Cause upon giving thirty (30) days' written 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 immediately suspend with pay the
EMPLOYEE from his duties.
B. Termination For Ca"se. In the event of a For Cause termination, this Agreement shall not be deemed
to ;:onstruz 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 (5) month probationary period by CITY or voluntarily resigns following a written request
from the appointing authority that he 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
EMPLOYEE for a liYg ti_mn the vn d".. .....:..._.. __.e__ _ Twry S,ao severance payment equal
to forty-five (45) days the __ �..
per,
a � ,�
pay following the 30 day notice. Severance ba_y shall L.e - - v,EE�s
highest rate of n!-nthiy base a;.•a,-y ,Turing nis term of City employment. However,y if cEMPLOYEE is
terminated For cause or convicted t of any illegal act involving personal gain to him, then CITY stall
have no obligation to pay the severance pay.
D. If the CITY reduces the salary or other financial b-r-,- ; of EMrLurtt 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 option, deem the Agreement to pg invnluntarily 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 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 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 same manner as other employees are paid.
There may be performance evaluations as often as the CITY deems appropriate and as provided in thio
Agreement. There shall be merit pay increase review annually. Apart from any meritpay increases,
the CITY agrees to compensate the EMPLOYEE with an annual increase for cost of-liwi„g within pay range
at le' t in the Soffm .nzrn=nt '_o.,Ieu' w sue -r is ified employees of the 6IIY.
EMPLOYEE shall be paid $3,_,750/month ($45.000 annual equivalent) effectivenay 16. 1988
B. Hours Of Work. Because EMPLOYEE will devote a great deal of time outside normal 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 finta" 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 12 full
years employment with the CITY as of the date of this appointment. EMPLOYEE shall therefore accrue
vacation at not less than 19 days per year (12 hours/month), and shall henceforth accrue vacation at a
higher rate equivalent to other unclassified employees based on an equivalent April 1. 1977 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 benefit
allowances into a deferred cc!Wensation 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 Community Development Director 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 Ca-incil 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.
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any respect or needs significant improvement 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 he 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
individual capacity, or in his official capacity as 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.
a. Other Terns 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 lif wisistent 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 terns 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 sane salary, compensation, vacation, sick leave and other benefits as accorded any other
unclassified City employee, including provisions governing accrual and payment therefore on termination
ef�em+mlowment. All previsions of the City Charter and other City programa relating to employee benefits
a,N working �unditions as they now exist or as -Q , "hall also apply to the FMPLOYFF 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.
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
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 May 16, 1988.
G. Severability. If any provision, or any portion thereof, contained in this Agreement is held to be
unconstitutional, invalid or unenf-)rceable, 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 WHEREOFr 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 Ed MuDhy___... - Employee
ATTEST- Ci y inistrator
MQ-lw/1656p/0002p
EXHIBIT "B"
COMMUNITY DEVELOPMENT DIRECTOR
GENERA STATEMENT OF DUTIES: An executive manage.nent position as Community
Development Department Head responsible for administering the planning,
building, codes enforcement, engineering, capiia! projects, public works
operations, downtown redevelopment and economic development functinis of the
City. Serves occasionally as Acting City Administrator in the absence of the
City Ad.ministnator• and Assistant ..=ty i drririi=t.afar.
SUPERVISION RECEIVED: An executive service level position appointed by and
serves at will to the City Administrator with consent or advice of Council.
Works under general direction of the City Administrator who periodically
reviews activities for goals achieved and results obtained.
SUPERVISION EXERCISEQ: Provides general supervision and direction to
Engineering Services Manager, Building Official, Senior Planners, City
Engineer, Public works Superintendent, clerical staff, other administrative
staff as __signed and all other department employees.
EXAMPLES OF PRINCIPLE DUTIES: (Any single position in a classification will
_- ^'__, all ef` the d••tier listod and many positions will involve
duties which are not listed.)
1. Interprets and implements City Council and city management policies
regarding planning, building inspection, engineering, operations, and
budgeting.
2. Delegates responsibilities to division managers and exercises full scope
of supervisory duties including setting and reviewing performance goals.
3. Initiates, develops and administers and develops departmental policies
and goals, seeking administrative or policy making approval as needed.
Revises procedures as needed for efficient performance.
4. Prepares, manages, and monitors department operating budget and City
Capital Improvement Projects budget.
5. Represents the department before the City Council, Planning Commission,
Economic Development Committee, and a variety of intergovernmental
organizations as well as community groups and the general public.
6. Represents the City before the public including meetings with developers,
property owners, and citizens.
7. Manages interdivisional conflict and coordination.
S. Drafts a variety of reports for the City Council and Planning
Commission. Authorizes director's decisions as part of land use hearings
procedures.
9. Participates in a variety of city organizational meetings vr, a triadic
basis in conjunction with assigned responsibilities.
10. Coordinates work with other departments. Assists City Administrator with
long—range community strategies planning and organization development
issues.
COMMUNITY DEVELOPMENT DIRECTOR
s Page Two
DESIRABLE QUALIFICATIONS:
® Knowledge Of: Thorough knowledge of planninq; engineering; public works; code
economic conomic develupient and redevelopment principles; municipal
management; the principles of supervision; considerable knowledge of budget
preparation and fiscal management; some knowledge of and land
use law. Knowledge of Oregon land use law preferred but not required.
Ability To: Plan, direct, and administer the planning, building, codes
enforcement, engineering, public works, and economic development functions of
a city. Establish and maintain effective working relationships witk
subordinates, peers, and supervisors; deal tactfully with the public; develoF
ideas and effectively express them orally and in writing; supervise; learn
Oregon land use system and law; establish goals; develop procedures; work with
boards and committees.
Skill In; Communication; applicat'on of planning; building; engineering,
oublic works. and code enforcet.ent principles; budget preparation and
administration. Skill in interpersonal relations, conflict resolution ano
organizational team ability.
EXPERIENCE AND TRAINING: Master of Arts degree in community or urban planning
administration or applicable area of study and five years experience in
planning and/or public works administration, three years of which was
directing municipal planning functions; or a Bachelor's degree.or Professional
Engineer certification and six years relevant experience, with at least three
years directing municipal planning or engineering; or any satisfactory
equivalent combination of experience and training as determined by the hiring
authority.
SPECIAL REQUIREMENT: Incumbent in this position serves "at will" of City
Administrator and may be released from employment without cause. A written
Executive Service At Will Employment Agreement providing severance and other
benefit provisions will be offared 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 nine months of
appointment.
Valid driver's license or ability to obtain one within 30 days of appointment.
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