Resolution No. 89-94 CTTY OF TIGARD, ORE1OW
` RES011MON NO. 89--Qc/--
A MOOLLVION OF WE TIGARD CITY COUNCIL APPRDVIM THE EMPLOYMENT Ami' w rim
PATRICK J. RF UZY, MY AMM4ISIRATCR
MIEREAS, the Tigard City Council has reviewed performance of Patrick. J. Nilly
ass City +in st-ator for the period through October, 1989, as provided mer
City --Uler. and i,-, the Employment Agreement; and
4 S, tha Tic at d City Council has found the City Mtuinistrator Is employee
performance to b. satisfactory.
NOW, TH RE, RE IT RESOLMM by the Tigard ?ty Council that:
Section 1: r1he Employment Agreement first entered into wirl: Patrick J. Reilly
dated Septzna-e'- 18, 19831 is hereby ftirther ane.* by wtual
ag v*w3e r of the parties as set forth in the attached Exhibit "A."
This Agreement will take effect October 3, 1989, and upon taking
effect shall repeal and replace all prior Agreements.
Section 2: A base-pay merit increase be. awarded effective October 3, 1989.
PASSED: This ,Y1; day of k-,, 19$9.
✓ r City of Tigard
AT M'T:
City - City of Tiqard
RFS"EMPTM
RE:SOLUTICH NO. 89-_-q�
Page 1
AN EbR3JL7j0ffW ACFUI2gENT
ti�sc,i cwt ZI�t as Ameirded Through october, 1989)
THIS EVV OSLUM AGREEMIM, made and entered into this 19th clay September,
1988, and as amended December 20, 1989, by arra betty the CIW OF TXGAtZD,
ORB3W hereinafter referred to as "CPPV," and PATRICK J. REELLY hereinafter
referred to as "EMpr�ULEE."
1I2'RIESSEM:
V&HUZFAS, CITY and EMPLOYEE desire a written agreement creating a professional
and businesslike relaticaiship, serving as a basis for effective cOmmaanicatien
and to avoid misundiexstanding; and,
W'UP'FAS, by not having to worry about personal finances or family security,
the EMPLOYEE can effectively concentrate on the ci-ry'S business;
ARE, in consideration of mutual covenants herein captained and for
consideration herein specified, the CITY arx! 0INYLJYEE mutually agree;
SE=CN 1 - EMPLO M1W, DUTIES AND AUPH0PxrY: The CITY has agreed to employ
Patrick J. Reilly as City Administrator. The EMPLOYEE agrees to accept said
,mployment.
The authority of EMPLCYEE, consistent with state law, City Chal-ter or
o 3ran-le, shall incicre, but not h limited to the following: the ovvialI
management, administratics±, and direction of Cit
disciplining, arra firing of all City 1' operations; thend i' 7
e�aloYees except Municipal judgee arxi City
At',.orneY; the negotiation, execution and administration of City contracts
within budget agprcFpriations pursuant to City }olio and ordil ; policy
advice to elected officials and open communication with the ccumarait so as to
fo-te-- r--ave and yrs 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 Agreenent.
The Mayor and Coarscil agree to the principle of noniraterferei rr the
administration as -';a--y to the orderly and efficient irgr:i nce anon of
Council Policy. The M yor and Cmu-icil agree to direct their concerns and
oc m mications to the administration through the City A`m i ni gator. 4
E14PIOYEt; agrees to respond prrriptly tc all inquiries from the council mw'hethfzeer
made individually or collectively.
-'=CN 2 - Tom?: The term of this revised agreement shall be for one year,
com mIcing on October 3, 1989, with annual renewals as herein provided.
A. Piothing in the Agreerrwnt shall prevent, limit, or o'-'^ rw <., .interfere
with the right of the City poundii to terminate the services of EMEW EE at any
time, 6-ubJect only to the provisions set forth in this .Agreement.
ETSkMi3YhM?r AL REU41EW -. PAGE 1
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 resin in the exclusive employ of the CITY during the
term of this Agreement, neither to accept, nor to beoonne employed by any other
Moyer until said contract terminatio:i date, unless said terminate is
effected as hereinafter provided. The tear. "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.
SErTION 3 - ANNUAL RE24311AIS: Unless the CITY notifies the EMPLOYEE to the
contrary in writing thirty (30) days before the start of each remaining
agreen,..nt year, it small be deemed that the CrPY has ren.--wed this Agreement for
oto (1) year beyond the term of that current agreement. Unless the EMPLOYE
notifies the CrPY to the contrary in writing thirty (30) days before the start
of the remaining agreement year, ENIPIDYEE agrees to accept renewal of .*his
AgreemEnt as heretofore stated. If the term of the agreement is not extended
as herein provided, it shall be alio yed to reach its existing, effective erAlm
data:. Renewal shall autcemtically occur unless specific action to the contrary
is taken or a mutually agreed upon change to this Agreement.
SECTION 4 - TEF;5MV 7-rON AND SEVERANCE:
A. Termination Without Cause. This Agreement may be terminated by either
the CrPY or EMSPLOyEE for any reascn wtatscever upon, the givi 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 in—diately For
Cause in the sole discretion of the CITY upon the occurrence of aml one of the
following events:
(1) EwwyEE willfully and continuo=asly fails or refuses to ccuply 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, entbezzlement, or other act of misconduct in the rendering of services
on behalf of the City;
(3) EMPLoYF..E shall fail to refuse to perform faithfully or diligently
any of the provisions of this Agreement;
(4) EMPLOYEE shall be fob unfit for the position per Federal, Stat-,
and City rules and regulation applicable to all Moya-- in a Far-Cause
Termination.
FMPIDYMEW."A - PAGE 2
C. Not-fOr-Cause Tezmination. "In the eve.-it EMPLOYEE is involuntarily
terminated Not-for-Cause by the City council before expiration of the terns of
ea�loyment errs during soda time as the EM�LDYEE i s Willi �04PLOYEE ole to perform
duties, then in that event the CITY agrees
the assigned ybase salary during his ten
mcuattaly basis and at t 'S highest rate ofing
the following sdaec'-de: six months' pay if
of City mployment, first year of RAPIOYEE'S emplosnrent with the CITY;
t.,mination ive mcintl'L �occurs1during�ifi4it occurs during year two; four months pay if
tr rmi natiota Occurs durin4 year three; arcd four months, pay if termination
ocxmtrs during any period thereafter. Ninthly severs anre Pmts by EE a shall
pts
ease if during the period of the abL ve scheduled Paym nti --. otherEMPMEE a, and
eUploynient with another City, or another employer of any other tYlx',
receives compensation for bjS Earva—• gicaaever, if HAPIOYEF' is terminated For
Cause per Section 4B of this Agreement or convicted of any illegal a
involvir-9 personal gain to him, then CITY shall have no obligation to pay .h_
severance Pay.
B. If the CI'�Y reduces the salary or other financial benefits of E4PMYEE in
a greater percentage than an applicable across-the-board reduction for all
unclassified emploYeas of the City, cr if the CITY refuses following written
notice requesting ccs:pliance with any other provisior' benefiting E1�.PLOYEE
herein, or if E24€IAYEE resigns £ollc«i*sg public sucestion, whether formal or
IDYEE
infolm)al, W a majority of the City Council that he resign, then the EN1'thout
may, at his option, deem the Agr sst to be involuntarily terminated without
refusal to ccuply with the meaning and
cause at the date of such reduction or oa Sion urrlei' Paragraph C of
context of this Agreement, and the severance . Y provision good Parast—1rap shad
this section :zaall apply. Termination or resignation in g
entitle OhPloYE:E to a lzgp,-`— PaYm+rsat uivalent to all hthese ese b vacation and
other entitlement beraefits, excePt chat in no event will erzfits exp
similar b5erefits accorded other unclassified employees.
E. if EMFZIJYEE voluntarily resigns his position with the- CITY before
expiration of said term of employment, then ad ante,yEE shall give y E CITY at
be
least thirty (30) days' vxitten native in advance, and
present to serve dosing the period.
SEL`TICN 5 - SALARY, MLIpS OF WORK, a]AC2 ION AND SICK I,FAVE:
A. Salary - The CITY agrees to pay the E-PLOYEE for his services in an
amount as set by the City Council, payable in the same inst-' Il cents andfire the
sane manner as other paid.are paid. There may be perform evaluations
as often as the Ccxamacil demos appropriate arra as Provided in Section 8 of this
Aunt. There shall be- a merit PaY iaacrease review anrn3ally at least thirty
(30) drys before the effective annual renewal date of this Agremnt. Apart
from any merit-PaY increases, lump stmt �' a it yEE it City mealCOLit deems
a�ropriate, the CrrY agrees to OOVVensate flee YID with an annual e
for rest.-o£-livirr3 at least in the same percertaae and manmier as awarded
yj l
unclassified employees of the CITY• shall be paid $
($60,060 annual equivalent) effective 10/3/89.
EWLOyMEM AC22EEM jjr - PAGE 3
®r —
B. Hours of Work: Because the EMPLOYEE will devote a great deal ofAr
time
uitside 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.
C. Vacation: The City recognizes that E%PIAYEE had education and experience
equivalent to ten (10) years' employment with the CITY at date of hire on
October 3, 1988. ENPIDYEE shall therefore accrue vacation at fifteen (15) days
per year to be used as he deems appropriate, and mall henceforth ac=re
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 tmall 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.
SECTION 6 - FENRFN_..YTP, DISABILITY, AND HEALTH INSURANCE:
A. Retirement: The CITY agrees to contribute into either the ICMA
Retirement Corporation or the CITY'S retirement program, on EZTIOYEE'S behalf,
an amount at least equal co thav sarrre percentage of salary contributed for the
City's other management/professional employees.
B. Health insurance: The CITY agreeW to provide a corprehensive annual
physical for EMPLOYEE. The CITY agrees to continue to provide coverage and
make required prardum payment:. for IM--.YEE and his dependents for
eonpehensive medical and dental plans equivalent to other program provided
E other regular unclassified employees.
C. Life Insurance: CITY agrees to purchase $110,000 roup Term Life
Inscn:ance throat the TCCA Life Insurance Prex3ram on EY ILIYEE'S behalf for
beneficiary to be narevu by EZ-L,=.
SECTION 7 - PROFESSIONAL DEVELDi'NgNP AND EXPENSES:
A. .Lbe CITY enca:rages the professional growth and development of 'the
EMPLOYEE; and encourages participation as he dem appropriate in professional
associations, 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
reason hle ano'N+t of tine for EWILOYEE to attend and the CrrY shall pay for the
direct, costs necessary for travel, subsistence and registration subject to
reasonable availability of funis and as approved in the annual budget. The
City shall pay IcmA Oonference registration, expenses, except transportation
costs for EMPLOYEE'S ipvuse, if actively participating in the conference-
B. 'The CITY shall provide $250 per month vehicle allowaxxoe to EMPLOYEE who
shall provide his own vehicle, i r-ouranee, operation, and maintenance. EMPLOYEE
shall provide for oil arri gasoline within the Portland Metro area. CITY shall
reimburse for gasoline experm es- on City business outside the Portland Retro
arm.
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EMPLOY14Wi'A�1T -- PAGE 4
�s
C. The CPl'Y recognizesthat certain expenses of a jc a affiliated nature are
incurred by EMPLOYEE on behalf of the CITY and hereby agrees to reimburse or
pay said general expenses on a monthly reimburse-ent basis, and the CITY shall
disburse such monies per raoeipts or personal affidavits. Any civic service
club memberships taken out at CI'T'Y expertise shall be upon the approval of the
Mayer.
SECTION a - ANMOAL GOAL-SpITUC ANLL PFpFUFd1ANCE EVAUCIFiTION: The Mayor and
individual members of the council shall be encouraged to periodically identify
their eonoerns to the EMPLOYEE: by either informal discussions with the EXPIDYEE
or by more formal means during Council meetings. The Council shall meet with
the EMPLOS'EE at least annually for the purpose of setting Council goals and
priorities. The Council and the hMPLOI= shall meet at least annually to
evaluate arra 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 E LOYEE is
unsatisfactory in any respect or needs significant irrpro-t 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 �; of this Agreement, the 04PIDYEEIS salary shall be reviewed at least
annually after tPre performs evaluation.
SECITON 9 - GENERAL PFCNIISIONS:
A. Professional Liability. The CITY agrees to defend, hold harmless, and
ixde=lify the EMPLOYEE from aLry and all demands, claims, suits, actions, and
legal pi"oce"di s brought against ENL"IAYEE in his individual capacity, or in
his official capacity as agent and 04PIDYEE 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 GTrI'S normal insurance program and
through the Public Officials' Liability Invuraro Pr- an, of the .;:,--timer.
City management Association.
B. other Terms and Conditions of employment may be detemrined by the CITY
relating to the duties and performance of the RAPIDYEE provided that such terms
and conditions are not inconsistent with the provisions of this Agreesart, the
City charter or any other law. EmWYEE shall receive benefits equal to those
provided to other City management erployees, except where specifically
addressed in this Agreement. Nothi-ng shall res+-ri.ct the ability of the CITY
and EMPLOYEE to mutually, arra in writing, amend or adjust the termer of this
Agreement. EMPLOYEE reserves the right to discuss the terms Or termirection of
this art with the Council as a whole in either cls EScecutive Session
or Open Regular Session as state law allows and as the EMPLOYEE: deems
appropriate.
�qr AG 4T - PAGE 5
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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 axil payusnt therefor cn terzai_ration of
employment. Allprovisions of the City Charter arra other City programs
relating to employee benefits and working conditions as they now exist, or as
amended, shall also apply to the EMPioYEE as to other unclassified employees,
and are in addition to any benefits to the EMPLOYEE specifically identified in
this Agreement.
D. The EMPLOYEE is required to maintain residence in the City in accordance
to City Code requirements. Tenpor relocation circumstances may be approved
by the Mayor with Council consent.
E. nie text herein shall constitute the entire Agreement between the parties
and any oral or other underst-andings, 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 arra executors of EMPLOYEE.
This Agreement shall berme effective as of October 3, 1989, and shall remain
in effect throu<3h October 3, 1990, except if renewed pursuant to this
Agreemr—t.
F. Sever-.bility. If any provision, or any portion thereof, contained in
this Ag):eemsnt is held to be unconstitutional, invalid or unenforceable, the
reminder of this Agreement, or portion thereof, shall be deemed severable and
shall not be affected, and shall remain in full force and effect.
IN WrMESS WjaMOF, the Cl-,y OF TT_CAp?D, ORMoN has caused this Agreement to
be signed and exp rt�...s the YEE has sigma and executed this Agreement,
both in duplXcate�^the day ana year first written above.
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gyp .��ty 'Tsgazd Re 11 - city,. loyee
YFT'cE T City Reaord£r Attorney
PREKFIOY
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