Resolution No. 93-55 CITY OF TIGARD, OREGON
RESOLUTION NO. 9'-`J_'7
A RESOLUTION OF THE TIGARD CITY COUNCIL EXTENDING THE EMPLOYMENT
AGREEMENT WITH PATRICK J. REILLY, CITY ADMINISTRATOR
WHEREAS, the Tigard City Council has not adjusted, the City
Administratorrs compensation since July, 1991, and
WHEREAS, the Tigard City Council has reviewed the performance of
Patrick J. Reilly as City Administrator for the period through June 30,
1993, as provided under City rules and in the Employment Agreement; and
WHEREAS, the Tigard City Council has found the City Administrator's
employee performance to be satisfactory.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City council that:
Section 3: The Employment Agreement 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.n This Agreement will take
i,
effect July 1, 1993, ad upo , _nkiYlq effect shall repeal
and replace all prior Agreements.
PASSED: This �� ��� dalof
1993.
- Mayor - City of fiigar
ATTEST:
City Recorder - City of T' and
RESOLUTION NO. 93-__S S
Page 1
ji
Oxmi
October 1993
AN EM4[PIeOY1KEHT AGREE]F[ENT
THIS MdPLOYMMT AGREEWENT, made and entered into this 1st day
of July 1993, by and be:Iereen the CITY OF TIGARD, OREGON,
hereinafter referred to as "CITY," and PATRICK J. REILLY,
hereinafter referred to as. mEMPIDYEE."
�dI'i�ESSETF3'
1WFY71RRHC� t--- CITY a:ed �airiii^•~ -alz—a a vi it tua .^t
agrac.
creating a professional and business like relationship serving as
a basis for effective comnuin,;cation and to avoid misunderstanding;
and,
, by not having to worry about personal finances or
family security, the SMPT OY$E can effectively concentrate on the
CITY°S b- siness;
TFORE, in consideration of mutual cove,-iants herein
conta1 ned and for consideration herein specified, the CITY and
EMPLOYEE mutually agree:
SSCTFON 1 - EE1yWWUMT, DUTIES AND The CITY has
agreed to employ Patrick J. Reilly as City Administrator. The
EMPLOYER agrees to accept said employment.
1 - EMPLOY14ENT A
WE
94
r A�maw - --�
The authority of Employee'. consistent with state law. City
of ordIn ante, shall i.nclucie, 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 nudge and City Attorney; the
negotiation, execution and administration of City contracts within
budget appropriations pursuant to City Policy and ordinance; policy
ad®ice to elected officials and open coa++**+,*+icataLon with the
coxmmu ity 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
- conmti.tute a breach of this Agreement.
The Mayor and Council agree to the principle of
noninterference In the administration as necessary to the orderly
and efficient implementation of Council Policy. The Mayor and
Council agree to cUrect their concerns and commnni.eations to the
administration through the City Adm;•+j strator. The =FWLOYEE agrees
to respond promptly to all inqulicies from the Council whether made
individually or ccallectively.
SSCl3E®N 2 - = The term of this revised agreement shall be
for two years commenc:Ing on July 1, 1993, with annual renewals as
herein provided.
A. -Nothing in the Agreement shall prevent, limit, or
othfa=w1se .interfere with the right of the City Council to terminate
2 - EMPWYHEN'T AGREEgENT
OEM_
Tthe 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 1
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 g e3sa i n-In the e=clusive employ of the
c3TY during_ the term of this Agreement, neither to accept, nor to i
become employed by any other employer until said contracz
termination date, unless said termination is effected as
hereinafter provided. The term reemployed" shall not be construed j
{ to include occass.onal teachiaag or consulting on the EHPI,OYEE's j
time off, which shall be at the EMPLOYEE's direction upon the
advise of the Hayor. j
SECTION 3 — AMWAL W&NEWAI3: Unless the CITY notifies the
E4PLOYEE to the contrary in writing thirty (30) days before the
start of each remaining agreement year, it shall be deemed that the
CITY has renewed this Agreenn4mant 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, FMPIXWEE agrees to accept renewal of this
rgreement as heretofore stated- If the term of the agreement is
not extended as herein provided, it shall be allowed to reach its
3 - EMPLOYMENT AGREEMENT
g.
iYs
9ss=�
Saff&W
9
"tsting, effective ending date. Renewal shall automatically occur
unless specific action to the contra is o.. _
contrary tali--- or �. .:ally
agreed upon change to this Agreement.
SEC TON 4 - TERN327pLIrION AND SEVML7WCE:
A- �e_3 snination w�thaut cause, This Agreement 'nay be
t musai;em aY eitaer the CITY or EMPLOYER For any reason whatsoever
upon the giving of sixty (60) days' written notice to the other
party-
8. Terms nation fo3r Cause: In the event Of a For-Cause
( Termination, this Agreement shall not be deened to construe any
waiver. of rights or remedy available to any employee. This
Agreement may be terminated immediately For Cause in the sole
d',s.cetXOo11 of the CITY upon the occurrence of any one of the
following events
(1)_ E24PLOYEE willfully and continuously fails or refuses
to comply with the policies, standards, and regulations of the CITY
as are, fraam 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;
4 - EMPLOyMEWT AGREEMENT
(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--Carse Termination. In the event BNPz oxBz is
involuntarily terminated Not-for-Cause by the.City Council before
expiration of the term of employment and during such time as the
IIIPLOYES 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 EXPLOYEE•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 -a-bo-we 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
i
5 - EMPLOYMENT AGREEMENT
AF
It EMPLOYEE resigns following public suggestion, whether foxwml or
informal, by a majority of the City Council that he resign, then
+we vuvr gEE may, at hi_r option, deem the Agreement to be
involuntarily terminated without cause at the date of such
reducti�sn or refusal to comply with the meaning and context of this
Agreement, and the severance pay provision under Paragraph E of
this section shall. apply. Termination or resignation in good
standing shall entitle EMPLOYEE to a lump-sum payment equl—I—A-
to all accrued vacation and other entitlement benefits, except that
in no event- wi17 these benefit- exceed similar benefits accorded
other unclassified employees-
E. If EMPLOYEE voluntarily resigns bis position -with the
ciTY before easpiration 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 S - SAIMUE, HOURS OF WORK, VACzLTI[ON 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
sane installments and in the same manner as other employees are
paid- T2iere may be performance evaluations as often as the Council
deems appropriate and as provided in Section 8 of this Agreement.
6 - EMPLOYMFNT AGREr XU£
,.a There shall be a merit-pay increase review annually at leaat thirty
(30) days be: ore the. effective annual rens3 l .ante 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
's'aejv awes$ acus tial or this Agreement. EMMODYEE shall be paid
$5,050/month ($72,600 annual equivalent) effective July 1, 1993.
B. Y1Ql as iavF. nacauzzl the v_SPT_T = _-0 l 7 devote a g_—Cat -
deal of time outside normal offs.ce hours to the business of the
CITY and because flexibility in hours worked and work schedules
benefit both the CITY and EMMOYEE, the M4PDO,YEE has sole
discretion as -to his work schedule and hours worked.
C. vacation: The city recognizes that RKPLc3Y,E had
education and Patpe*-ience egaalvalent to ten (10) years' employment
with the CITY at date of hire on October 3, 1988. EhxaavyFss shall
therefore accrue vacation at fifteen (15) days per year to be used
as he deems appropriate, and shrill henceforth accrue vacation at
said rate equivalent to other unclassified employees.
D. EHPIAYEE 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 employee=.
7 - EFSPLOYMENT AGREE'
i
SECTION 6 - 1U=ZE[NT, DISABII-T Y AND XERRU'S ILISURMCs:
i
A. Re-tirement: The CITY agrees to contribute into either
the ICKA Retirement Corporation or the CITY's retirement program:
on EMPLOYEE'S behalf, an amount 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 zaake re-ra a^d raminm payment for
EMPLOYEE and his dependents for comprehensive medical and dental
plans equivalent to otherpr�_�9!+� provided other regular
unclassified employees.
C. Life Insurance: CITY will offer to purchase a $150,000
Whole Life Insurance Policy, the cost of which shall not exceed
$3,000 per year, on EMPLOYEE's behalf, for beneficiary to be named
by EMPIOYEE. EMPLOYEE has the right to retain such policy at
EMPLOYEE's expense subsequent to tenure as a City employee.
EMPLOYEE may choose another type of coverage, which is
better suited to EMPLOYEE's needs. The premium of said Whole Life
insurance policy may be applied to a policy of the EMPLOYEE's
choice.
SECTION 7 - PRDFF.SSIONAM 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
8 - EMPLOYMENT AGREEMENT
NOW
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conference, and the State Municipal League Conference= The C117
shall permit a reasonable amount of t1me for EMPLOYEE tv 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
ICHA Conference registration, expenses:, except transportation costs
for EMPLOYEE°s spouse, if octively participating in the conference. i
I
E. The CITY shall provide $250 per month vehicle allowance
to EASPLOYEE who shall provide his own vehicle, Insurance,
- r-- and maintenance. E4PL.0YEE shall provide for oil and
gasoline within the Portland Metro area. CITY shall reimburse for
gasoline expenses on City business outside the Portland 24et=zo area.
j
1
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
of the Mayor.
SECTION 8 - ANNUAL. GOAL-SETT' 2dG AND PERFORMANCE EWAXAMMON:
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
9 - EMPLOYMENT AGREEMENT
MW AMR A GWNLMAN
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 g>y
Council as well as the exercise of authority granted in section i
Of this Agreement. These annual evaluations shall be i.'n closedi -
Escecuti®e Sessions and shall be- conducted at least one hundred and
tn,+P—It-,,r (120) days prior to the annual renewal date of this
�yv ccauiciat.
In the event the CITY determines that the performance of the
{ EMPLOYEE is t:zxsatzsfactory in any respect or needs significant
improvement in any area, the CITY shall describe these concerns in
writ-Ing and in reasonable detail or with specific examples so as
to be objective and positive in nature. As provided in Section S
of this Agreement, the Ei-LOYEE•s salary shall be reviewed at least
annually after the performance evaluation.
SECTaOFT 9 - GENERAL PROV-TSIONS:
A. Professional Liability: The CITY a
grecs to defend, hold
harmless, and indemnify the EMPLOYEE from any and all demands,
claims, suits, actions, and legal proceedings brought against
II"IPI.oYEE in his individual capacity, or in his official capacity
as agent and ExpLOYEE of the CITY, if EMPLOYEE was acting within
10 - EMPLOYMENT AGREEMENT
-r-oft scope of his .-t-le=.a t:- T�,P CITY agrees to pay Premiums on
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 of
the E pTOyEE provided that such terms and
inconsistent with the provisions of this Agreement, the City
Charter or any ct-'_aerr law_ _ME- shall re.�iVe benefits equal.
G
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 wri ting,
amend or adjust the terms of this Agreement. EMPLOYEE reserves the
right to discuss the terms or tesaimation of t3Eis: Agreement with
the Council as a whole in either closed Executive Session or cp n
Regular Session as state later allows and as tlae 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
r programs relating to employee benefits and working conditions as
11 - EMPLOYMENT AGREEMENT
- - -
WN
\ they now exsss, vs as araanidzw a, o..:ll al== appplj to the $�srtl r�v�re na
to other unclassified employees, and are in addition to any
benefits tm the EMPLOYEE specifically identified in this 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
betayeen the parties and any oral or other understandings are not
binding upon the parties, unless specifically amended in writing by
mutual agreeicert. This Ags----,ame t skull be binding and in■mna },o the
benefit to the heirs at law and executors of EMPLOYEE. This
Agreement shall become effective as of July 1, 1993, and shall
remain in effect through July 1, 1995, except if renewed pursuant
t
k to this Agreement.
F. Sgyerability: of any provision, or portion thereof,
contained in this Agreement as held to be unconstitutional, invalid
or unenforceable, the rewaInder 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 EEEREOF, the CITY OF TIGAPD, 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
r 12 - IIMPLOYHENT AGREEMENT
JNayor - y ofi Tiga.d't a icl� J. y City ployee
city Recard 9EO AS TO FO - City
` Attorney
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13 - MdPWYFMiT AGpEEM3 n i