01-27-17 Minutes City Commission Workshop v MINUTES
CITY OF ATLANTIC BEACH
CITY COMMISSION WORKSHOP
JANUARY 27, 2017
PRESENT: Mayor Mitchell E. Reeves
Mayor Pro Tem John Stinson
Commissioner Mitchell Harding
Commissioner Jimmy Hill (arrived at 4:00 p.m.)
Commissioner Blythe Waters (arrived at 3:11 p.m.)
•
ALSO: Kevin Hogencamp, Interim City Manager
Cathy Berry, Human Resources Director
Donna Bartle, City Clerk
Call to order.
Mayor Reeves called the meeting to order at 3:03 p.m. in the Commission Chamber. Mayor Reeves
explained the purpose of the meeting.
1. Courtesy of the Floor to Visitors
Mayor Reeves opened the Courtesy of the Floor to Visitors and explained the process. City Clerk Bartle
called each speaker to the podium.
Chris Jorgensen, 92 W. 3" St., expressed concern that the last selection process took too long and the
qualifications for City Manager were diminished.
Maria Mark, 1148 Linkside Drive, former AB Commissioner, expressed concern that the
qualifications for the City Manager position were greatly reduced. She explained the importance of the
City Manager and urged the Commission to be really prudent in ensuring that the next City Manager
bring some type of experience either as an Assistant City Manager or as a City Manager and be qualified
and competent in numerous areas.
Mayor Reeves recognized Former Commissioner Maria Mark and thanked her for her service.
No one else from the audience spoke so Mayor Reeves closed the Courtesy of the Floor to-Visitors.
2. Staff Presentation on the City Manager Recruitment and Selection Process
City Manager Kevin Hogencamp gave an introduction and explained that, once staff's presentation is
over, the Commission should provide consensus on whether to proceed with a recruitment process or
proceed with hiring an executive search firm.
(Commissioner Waters arrived at 3:11 p.m.)
Mayor Reeves mentioned Mr. Mayhew's email (which is attached and made part of this Official
Minutes as Attachment A).
Human Resource Director Cathy Berry described the City Manager Selection process that was used last
time and explained the pros and cons of hiring a search firm. She believes that if they use a search firm,
one and one-half to two months would be added to the timeline.
She referred to her handout (which is attached and made part of this Official Record as Attachment B)
as she explained the Staff Recruitment Process Proposal. Mr. Hogencamp added that the job description
provided is a draft since they were waiting to hear from the Commission and citizens.
3. City Commission Discussion
The Commission discussed whether or not to use a search firm. Commissioner Waters explained why a
search firm was used in the last selection process. She supported handling the process in-house and not
using a search firm, but pointed out they could reconsider using a search firm later in the process if there
are not enough adequate candidates. Commissioner Stinson and Commissioner Harding agreed.
Mayor Reeves spoke about the need for the process to include hiring a city manager and then presenting
the contract for full approval by the Commission. He spoke about the various resources available to
help with the search and agreed with the other Commissioners about handling the process in-house
unless there are problems getting adequate candidates. Mr. Hogencamp explained that staff feels they
have a responsibility to let the Commission know if they run into any glitches or obstacles along the
way.
Commissioner Stinson believes they should look for someone with board reporting experience or
experience reporting to multiple people which is much different than reporting to one person. He
commented that a search firm has less access to our public and it is important to hear from the public.
Human Resource Manager Berry explained the draft job description and matrix and answered questions
from the Commission. Mayor Reeves asked that once the request for applicants goes out, the
Commissioners should not have any conversations with potential candidates, they should be referred to
Ms. Berry.
Ms. Berry further explained the concept of the matrix and her plan to get input from citizens and other
city managers.
Mayor Reeves requested that staff provide updates during the process. Mr. Hogencamp and Ms. Berry
agreed to provide the updates.
Commissioner Harding expressed concerns about the proposed qualifications including experience
serving in at least an assistant department head position. He believes the qualifications are too broad
and they should consider experience as assistant city manager and experience reporting to boards.
Mayor Reeves explained that the language was taken from the Charter, but they can look for higher
standards. He believes they should focus on a City Manager that can get along with a group like them.
Discussion ensued about the requirements in the Charter, the weighted matrix and available resources.
The consensus was to not procure an executive search firm.
(Commissioner Hill arrived at 4:00 pm.)
Mayor Reeves gave the audience another opportunity to comment by opening a second round of
Minutes of the Commission Workshop on January 27, 2017. Page 2 of 3
Courtesy of the Floor to Visitors.
Maria Mark, 1148 Linkside Drive, former AB Commissioner, thanked the Commission, Mr.
Hogencamp and Ms. Berry for their effort. She spoke in favor of setting the bar high, leaving the option
of using a search firm open if needed, and needing someone who is personable, has the personality to
match the community/citizens and to work with elected officials. She believes this is a good opportunity
to bring in a new prospective and move the city forward. She hopes the candidate will have working
experience on redevelopment and revitalization and to also be progressive in ensuring that our
infrastructure is where it needs to be. She indicated that she would love to be involved in this process.
Chris Jorgensen, 92 W. 3rd St., suggested some important things to look for in a city manager such as
public speaking, ability to report to a board, requirement to attend professional associations, social
media, and coherent and consistent financial management. He explained why he agrees with the Charter
requirement that the city manager reside in the city.
Sally Clemens, 1638 Park Terrace West, spoke about the process the Charter Review Committee went
through before broadening the qualifications of City Manager and reported there was a lack of citizen
feedback when the topic was discussed.
Mayor Reeves explained the Walkable Neighborhoods magazine and reported copies w ordered for each
Commissioner.
Adjournment
There being no further discussion by the City Commission, Mayor Reeves declared the meeting
adjourned at 4:08 p.m.
ATTEST Mitchell E. Reeves
V'Aevdet, Mayor/Presiding Officer
Donna L. Bartle, CMC
City Clerk
Minutes of the Commission Workshop on January 27, 2017. Page 3 of 3
ATTACHMENT A
Minutes of January 27,2017
Bartle, Donna
From: Bill Mayhew<billmay22@att.net>
Sent: Tuesday, January 24, 2017 7:03 PM
To: Elected Officials
Subject: See below
[i@3
1. City Manager-Please consider hiring a good manager that has never been a city manager.A good manager that
is sensitive to the needs of the public and the city council.It seems that most professional city managers are only sensitive to
following the rule books.They succeed by having larger payrolls and number of employees.They all have the same degrees,
join the same clubs,read the same magazines,etc.A good manager is more concerned with efficiency.
1 A survey was done a few years back that clearly showed that it is not necessary to give a city manager in towns the size of
AB a compensation package worth$180 k a year.
The city manager in Tallahassee(as best I recall)was a lady whose base pay was$75k and she also served as Safety Officer
with no Chief of Police.I'm sure that is too low but you get the idea.
2.Chief of Police-See sentence above.Promote someones to Captain and let city manager fill in. l
3.Pension—Not only has the pension plan proved itself financially unsustainable,it is also just not fair.A handful of hangers
on will stay there long enough to get 100%of their final average pay for the rest of their lives when they retire,they will also
get Social Security on top of that.An actuary at the State of Florida said something to the effect that—"That's unbelievable.
I've never heard of a plan that rich,"
Either freeze the old plan and put every one in the new 401k style plan,or at very least,co-ordinate the benefits with Social
Security whereby retirees could not receive over 60%of their final average pay counting Social Security.Retirement ages
should also be co-ordinated with Social Security.
Regards—Bill Mayhew
1
1
ATTACHMENT B
Minutes of January 27,2017
City Commission Workshop — Jan. 27, 2017
Staff presentation agenda
Introduction: Kevin Hogencamp, Interim City Manager
• Role of Staff
• Citizen Involvement
• Aggressive Timeline
• Commission Consensus: Recruitment by Staff or Search Firm?
Discussion of Proposed Process: Catherine Berry, Esq., Director of Human Resources
1. Search Firm v. Staff Recruitment: Pros and Cons
2. Search Firm Process
3. Staff Recruitment Process Proposal
• Timeline/Calendar
• Citizen involvement component
• Weighted matrix process
• Detailed position description critical
• Advertisement process
• Screening process
• Commission Interviews
• Public Forum
• Meet and Greet
• Commission Selection at special called meeting
• Contract negotiation and approval
ATTACHMENT B
Minutes of January 27,2017
City Manager Recruitment Process Proposal Timeline:
Task Deadline By Whom?
1. Develop Position Description (with input from residents) January 26 HR, CM
2. Develop a Weighted Matrix to review and rank candidates January 26 HR, CM
(with input from residents)
3. Revise Position Description and Weighted Matrix based on February 9 HR, CM, Citizens
input from Citizens.
4. Approval by Commission of Position Description &Weighted February 13 Commission
Matrix
5. Develop Ad/Brochure—publish February 17 HR, CM
6. Select Ad hoc Citizen Committee to develop questions—hold March 10 HR, CM, Citizens
public meeting
7. Application Deadline March 17 HR
8. Preliminary Screening based on Matrix—Narrow candidate March 24 HR, CM
pool
9. Secondary screening April 14 HR, CM
• Written Questionnaire
• Telephone interview
• Written Introductions prepared by candidates
• Candidate Disclosure Statements
• Internet and media search
10. Thorough Background investigations/Reference Checks April 28 HR
11. Identify list of no more than 5 Finalists May 1 HR, CM
12. Set up one on one interviews with Commission/public May 11-12 HR, CM, Citizens,
forum/meet&greet with public Commission
13. Commission Selection—Special Called Meeting May 15 Commission
14. Contract Negotiation— ICMA Model CM Agreement May 19 HR, CM
15. Contract Approval by Commission—Special Called Meeting May 22 Commission
(before regular Commission meeting)
February 201
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4
Develop Position
•
•
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Description and
- - - • Weighted Matrix
5 6 7 8 9 10 11
Revise Position
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based on Citizen
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Regular Commission •
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19 20 : 21 22 23 24 25
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Commissioner Commissioner
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14 r 15 I 16 17 18 K.
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ATTACHMENT B
Minutes of January 27,2017
City manager recruitment and selection
Proposed citizen participation component
1. Jan. 24-Feb. 7. Residents are being asked to provide input on the development of a
position description and the components of a weighted matrix that will assist in
reviewing and ranking candidates. That input will be solicited on the COAB website and
via various Facebook pages;the feedback will be shared with the mayor and city
commissioners. It's requested that the input be emailed to Human Resources Director
Cathy Berry at cberry@coab.us.
2. Feb. 13. The City Commission will be asked to approve the position description and
weighted matrix.
3. Feb. 14 to mid-April. Residents will be asked to recommend (via email to the human
resources director) questions and scenarios that should be asked of the city manager
candidates. That feedback will be shared with the mayor and commissioners and
otherwise will be helpful throughout the recruitment and selection process. A three-
person ad hoc citizens' panel selected by the interim city manager and human resources
director will review the public input, hold a public meeting, and select
questions/scenarios to be read to the finalists during the late-April public forum.
4. Late April. Finalists' public forum and meet-and-greet. Over a two-day period, up to five
finalists will be interviewed individually by the mayor and city commission. During the
finalists' visits to Atlantic Beach, the city will host two public events—a public forum and
meet-and-greet--with the candidates.
ATTACHMENT B
Minutes of January 27,2017
WEIGHTED MATRIX
CANDIDATE NAME:
Needs Yes No
Minimum Bachelor's degree (preferably in Public Administration or a directly
related field).
At least five years of experience as a city, municipal, county, or state government
administrator serving in at least an assistant department head or the equivalent in
responsibility.
A graduate degree acceptable to the Commission may be substituted for not more
than one year of the required experience.
Evidence of success in establishing and maintaining a line of communication with
colleagues.
Proven ability to administer and enforce enactments by theCommiissiion.
Demonstrated success of annual budget preparation and administration.,
Proven ability to work cooperatively, diplomatically,and effectively with elected
officials, department heads, board and committee members, community leaders
and residents.
Demonstrated excellence in preparing an annual report on finance and
administrative activities of the city or department •
Wants Possible Scored
Score
Highly motivated, energetic;and creative;,problem solver'with a strong..public
presence and the drive to achieve excellent, timely results.
Demonstrated excellence in public speaking
Demonstrated excellence in writing and use of social media.
Strong persorapeJmanagem,ent skills.
°
°
Candidate met all "Needs"? Yes No
Candidate score "Wants"?
ATTACHMENT B
Minutes of January 27,2017
CITY OF ATLANTIC BEACH CHARTER
CITY MANAGER
• Sec. 22. - Qualifications.
IThe city manager shall be chosen by the city commission solely on the basis of administrative qualifications and
with special reference to education and experience in and knowledge of accepted practice with respect to
I the duties of this office as set forth hereinafter and in the city code. Applicants for the position of city
manager shall meet the following educational and experience requirements:
(1)
Possession of at least a baccalaureate degree preferably in Public Administration or a directly related
field from a college or university accredited by a recognized accreditation agency in the United
States or from a recognized college or university outside of the United States, which is acceptable
to the city commission; and
(2)
Not less than five (5) years of experience as a city, municipal, county, or state government
administrator serving in at least an assistant department head or the equivalent in responsibility;
and
(3)
A graduate degree acceptable to the city commission may be substituted for not more than one year
of the required experience.
At the time of appointment, the new city manager need not be a resident of the city or state, but
within six (6) months the city manager shall reside within the city of Atlantic Beach.
• Sec. 23. - Powers and duties.
The city manager shall be the chief administrative officer and as such, head the administrative branch of the city
government. The powers and duties of the city manager shall include but not be limited to:
(1)
Establish and maintain a line of communication with the city clerk; and
(2)
Administering and enforcing all enactments of the city commission; and
(3)
Preparing and forwarding agenda materials to the city clerk for every commission meeting; and
(4)
Preparing the budget annually and submitting it to the city commission, and being responsible for its
administration after adoption; and
(5)
Preparing and submitting to the city commission at the end of each fiscal year, a complete report on
the finances and administrative activities of the city for the year just completed.
I
ATTACHMENT B
Minutes of January 27,2017
***INCOMPLETE***
Job Description for the Chief Administrative Officer
Of the City of Atlantic Beach
Position Title: City Manager
Reports to: City Commission
Reporting to this Position: Department Heads
Job Summary
•
The City Manager is appointed by the City Commission and serves as the Chief
Administrative Officer of the City of Atlantic Behch. In partnership with;the City Commission,
the City Manager is responsible for the success,of,the City of Atlantic Beach and its quality of
life. In doing so,the City Manager will develop and foster positive relationships, create an
environment of trust and credibility, enhance community engagement and focus on efforts to
carry out the mission, vision and goals established by the City Commission.
The City Commission delegates responsibility for management and day-to-day
operations of the City to the,City Manager;.and he/she`has the authority to carry out these
responsibilities in accordance with the City charter and ordinances,'as well as with direction
from the City Commission. The City Manager is`expected to exercise a high degree of
independence, initiative and professional expertise in the administration and day-to-day
management of the City in accordance with policy established by the City Commission,the City
Charter and Ordinances, City, State and Federal laws,regulations and guidelines. An important
aspect of this position is the high profile as the City's chief executive officer and the overall
responsibility for all City Departments,DepartmentS,Ancluding Public Safety, Public Works, Building, Planning
and Community Development, Recreation`'and Special Events, Finance, Human Resources and
IT.
Accountabilities
1. Mission, policy and planning
a) Helps the City Commission determine the City's values, mission, vision and short-
and long-term goals.
b) Helps the Commission monitor and evaluate the City's relevancy to the community,
its effectiveness and its results.
c) Keeps the Commission fully informed on the condition of the City and on all
important factors influencing it.
1
ATTACHMENT B
Minutes of January 27,2017
• Identifies problems and opportunities and addresses them; brings those which
are appropriate to the Commission and/or its boards/committees; and facilitates
discussion and deliberation.
• Informs the Commission about trends, issues, problems and activities in order to
facilitate policy-making. Recommends policy revisions.
d) Keeps informed of developments in all aspects of municipal management and
operations.
2. Management and Administration
a) Provides general oversight of all City activitieg, manages the day-to-day operations
and assures a smoothly functioning, efficient organization.
b) Assures program quality and organizational stability through development and
implementation of standards and controls, systems and procedures and regular
evaluation.
c) Assures a work environment that recruits, retains:and supports quality staff.
Assures successful process for selecting, develo`ping, motivating and evaluating staff.
d) Recommends staffing and financing to the Commission. Ensures that appropriate
salary structures are maintained and.updated.
e) Specifies expectations and accountabilities for Department Heads and evaluates
performance regularly.
3. Governance
)
a) Works with the Mayor and Commissioners to enable the Commission to fulfill its
governance functions and facilitates the optimum performance by the Commission,
• its boards and committees and individual Commissioners.
b) Assists in focusing the Commission's attention on long-range strategic issues.
c) Manages the Commissions' due diligence responsibilities to assure timely attention
to core issues.
4. Financing
a) Oversees the fiscal activities of the organization including budgeting, reporting and
audits.
b) Works with the Commission to ensure financing to support short- and long-term
goals.
5. Community Relations
2
. i e
ATTACHMENT B
Minutes of January 27,2017
a) Facilitates responsiveness to the Community by using effective marketing and
communications policies and strategies.
b) Listens to the members of the Community in order to improve services and quality
of life.
c) Initiates, develops and maintains positive and cooperative relationships with key
constituencies.
6. Physical Demands/Working Conditions:
a) This is a high-stress position based on full responsibility for City of Atlantic Beach
operations. Handles detailed, complex concepts`and problems, balances multiple
tasks simultaneously, and makes rapid decisions regarding administrative issues.
b) Plans and implements programs. Establishes strong and appropriate relationships
with the Mayor, Commissioners, committee and board members, staff, residents,
businesses and vendors. Develops Smooth and constructive relationships with
executive colleagues, outside agencies organizations and individuals.
c) Plans and meets deadlines. Maintains a flexible work schedule to meet the
demands of executive management. Hours maybe long and irregular.
d) Conveys a professional and positive;image and attitude regarding the City of Atlantic
Beach, its staff, and the Commission. Demonstrates commitment to continued
professional growth and development
3
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ICMA contact:
Martha Perego
ICMA Director of Ethics
Membership Team Leader
202.962.3668
mperego@icma.org
.,
( '; ni 0 C : n ICMA
ATTACHMENT B
Minutes of January 27,2017
ICM
Leaders at the Core of Better Communities
ICMA advances professional local government worldwide. Its mission is to create excellence in local
governance by developing and advancing professional management of local government.ICMA,the
International City/County Management Association,provides member support;publications,data,and
information;peer and results-oriented assistance;and training and professional development to more than
9,000 city,town,and county experts and other individuals and organizations throughout the world.The
management decisions made by ICMAs members affect 185 million individuals living in thousands of
communities,from small villages and towns to large metropolitan areas.
ICMA
777 North Capitol Street,NE
Suite 500
Washington,DC 20002-4201
202-289-ICMA(4262)
icma.o
Copyright 02013 by the International City/County Management Association.All rights reserved,including
rights of reproduction and use in any form or by any means,including the making of copies by any
photographic process,or by any electrical or mechanical device,printed,written,or oral or recording for
sound or visual reproduction,or for use in any knowledge or retrieval system or device,unless permission
in writing is obtained from the copyright proprietor.
ATTACHMENT B
Minutes of January 27,2017
Contents
Introduction
1
Section 1:Term
1
Section 2: Duties and Authority 1
Section 3:Compensation 2
Section 4: Health, Disability and Life Insurance Benefits 3
Section 5:Vacation, Sick, and Military Leave 3
Section 6:Automobile 4
'Section 7: Retirement 4
Section 8: General Business Expenses 5
Section 9:Termination 6
Section 10: Severance 6
Section 11: Resignation 7
Section 12: Performance Evaluation 7
Section 13: Hours of Work 8
Section 14: Ethical Commitments 8
Section 15: Outside Activities 8
Section 16: Moving and Relocation Expenses 8
Section 17: Home Sale and Purchase Expenses 9
Section 18: Indemnification 10
Section 19: Bonding 10
Section 20: Other Terms and Conditions of Employment 11
Section 21-22: Notices and General Provisions 11
Appendix 1 Separation of Employment and General Release 13
ICMA MODEL EMPLOYMENT AGREEMENT 2012 iii
ATTACHMENT B
Minutes of January 27,2017
•
•
•
•
iv ICMA MODEL EMPLOYMENT AGREEMENT 2012
ATTACHMENT B
Minutes of January 27.2017
Introduction
This Agreement,made and entered into this [date],by ing and experience in local government management
and between the [local government] of[state], [town/ and who,as a member of the International City/County
city/county] a municipal corporation, (hereinafter Management Association (ICMA),is subject to the
called "Employer") and [name], (hereinafter called ICMA Code of Ethics,both of whom agree as follows:
"Employee") an individual who has the education, train-
Section 1: Term
Recommended Language (12 months recommended) before the expiration date.
In the event the agreement is not renewed,all com-
A. This agreement shall remain in full force and pensation, benefits and requirements of the agreement
effect from [date] until terminated by the Employer shall remain in effect until the expiration of the term
or Employee as provided in Section 9, 10 or 11 of this of the Agreement unless Employee voluntarily resigns.
agreement. In the event that the Employee is terminated, as
defined in Section 9 of this agreement, the Employee
Option 1 shall be entitled to all compensation including sal-
The term of this agreement shall be for an initial my,accrued vacation and sick leave, car allowance
period of[#] years from [date] to [date]. This Agree- paid in lump sum or in a continuation of salary on
ment shall automatically be renewed on its anniver the existing [biweekly/monthly] basis, at the Employ
sary date for a [#] year term unless notice that the ee's option,plus continuation of all benefits for the
Agreement shall terminate is given at least [#] months remainder of the term of this agreement.
Section 2: Duties and Authority
Recommended Language D. It shall also be the duty of the Employee to direct,
assign,reassign and evaluate all of the employees of
A.Employer agrees to employ[name] as [title]to the Employer consistent with policies, ordinances,
perform the functions and duties specified in[legal charter, state and federal law.
reference] of the [local government] charter and/or by
ordinance (#) dated [legal reference] of the[local govern- E. It shall also be the duty of the Employee to orga
ment] code and to perform other legally permissible and nize,reorganize and arrange the staff of the Employer
proper duties and functions without interference. and to develop and establish internal regulations, rules
and procedures which the Employee deems neces-
B. Employee is the chief executive officer of the sary for the efficient and effective operation of the
Employer and shall faithfully perform the duties as Employer consistent with the lawful directives,poli-
prescribed in the job description as set forth in the cies, ordinances, state and federal law.
Employer's charter and/or ordinances and as may be
F. It shall also be the duty of the Employee to accept
lawfully assigned by the Employer and shall comply
with all lawful governing body directives, state and all resignations of employees of the Employer consis-
with
law, Employer policies,rules and ordinances as tent with the policies,ordinances, state and federal
they exist or may hereafter be amended. law, except the Employee's resignation which must be
accepted by the governing body.
C. Specifically,it shall be the duty of the Employee to
employ on behalf of the Employer all other employees G. The Employee shall perform the duties of (city,
of the organization consistent with the policies of the county or town) manager of the Employer with rea
governing body and the ordinances and charter of the sonable care, diligence, skill and expertise.
Employer.
ICMA MODEL EMPLOYMENT AGREEMENT 2012 1
ATTACHMENT B
Minutes of January 27,2017
H.All duties assigned to the Employee by the govern- body, both public and closed, with the exception of
ing body shall be appropriate to and consistent with the those closed meetings devoted to the subject of this
professional role and responsibility of the Employee. Agreement, or any amendment thereto or the Employ-
I. The Employee cannot be reassigned from the posi ee's evaluation or otherwise consistent with state law.
tion of (city, county or town) manager to another posi- K. The governing body, individually and collectively,
tion without the Employee's express written consent. shall refer in a timely manner all substantive criticisms,
J. The Employee or designee shall attend, and shall complaints and suggestions called to their attention to
be permitted to attend, all meetings of the governing the Employee for study and/or appropriate action.
Section 3: Compensation
Recommended Language based on an agreed upon economic indicator, such as
the Consumer Price Index.
A. Base Salary: Employer agrees to pay Employee an
annual base salary of [$ amount], payable in install- Option 3
ments at the same time that the other management
employees of the Employer are paid. The Employer agrees to increase the compensation by
[ %] each year.
B. This agreement shall be automatically amended
to reflect any salary adjustments that are provided or Option 4
required by the Employer's compensation policies to
include all salary adjustments on the same basis as The Employer agrees to increase the compensation
applied to the executive classification of employees. each year by at least the average across the board
increase granted to other employees of the Employer.
C. In addition, consideration shall be given on an
annual basis to an increase in compensation. ll. At any time during the term of the Agreement,
Employer may, in its discretion, review and adjust
the salary of the Employee, but in no event shall the
Options for Section 3. C
Employee be paid less than the salary set forth in Sec-
Compensation tion 3.A. of the Agreement except by mutual written
agreement between Employee and Employer. Such
Option 1 adjustments, if any, shall be made pursuant to a law-
ful Employer agrees to increase the compensation of ful governing body action. In such event, Employer
and Employee agree to provide their best efforts and
the Employee dependent upon the results of the per-
formance evaluation conducted under the provisions reasonable cooperation to execute a new agreement
of Section 12 of this Agreement. Increased compen- the adjusted salary.
sation can be in the form of a salary increase and/or E. Except as otherwise provided in this Agreement,
performance incentive and/or an increase in benefits. the Employee shall be entitled, at a minimum, to the
highest level of benefits enjoyed by and/or available to
Option 2 other employees, department heads or general employ-
The Employer agrees to increase the compensation of ees of the Employer as provided by the Employer's
policies, Charter, ordinances, or personnel rules and
the Employee dependent upon the results of the per-
formance evaluation conducted under the provisions regulations or other practices.
of Section 12 of this Agreement in addition to provid-
ing a fixed annual increase in the Employee's salary
2 ICMA MODEL EMPLOYMENT AGREEMENT 2012
ATTACHMENT B
Minutes of January 27,2017
Section 4: Health, Disability and Life Insurance Benefits
Recommended Language Employee and dependents in a manner mutually agreed
upon by Employer and Employee.
A. The Employer agrees to provide and to pay the
premiums for health, hospitalization, surgical, vision, B. The Employer agrees to put into force and to make
dental and comprehensive medical insurance for the required premium payments for short term and long
Employee and his/her dependents, at a minimum, term disability coverage for the Employee.
equal to that which is provided to all other employ- C. The Employee may elect to submit once per calen-
ees of the [local government]. In the event no such dar year to a complete physical examination, including
plan exists, Employer agrees to provide coverage for a cardio-vascular examination,by a qualified physi-
the Employee and dependents in a manner mutually cian selected by the Employee, the cost of which shall
agreed upon by Employer and Employee. be paid by the Employer.
B. The Employer agrees to put into force and to make D. The Employer shall pay the amount of premium
required premium payments for short term and long due for term life insurance in the face amount of three
term disability coverage for the Employee. (3) times the Employee's annual base salary,including
all increases in the base salary during the life of this
C. The Employee may elect to submit once per calen-
dar year to a complete physical examination, including agreement. If such coverage is not available through
the Employer's insurance carrier or the Employee elects
a cardio-vascular examination, by a qualified physi-
cian selected by the Employee, the cost of which shall to obtain coverage through a different insurance car-
be paid by the Employer. rier, the Employer shall reimburse the Employee for the
cost of the premiums in an amount equal to the same
D. The Employer shall pay the amount of premium value as that provided by the Employer's insurance car-
due for term life insurance in the amount of three (3) vier. The Employee shall own the life insurance policy
times the Employee's annual base salary, including and the life insurance policy shall be in the name of
all increases in the base salary during the life of this the Employee and the Employee shall have the right to
agreement. The Employee shall name the beneficiary name the beneficiary of the life insurance policy.
of the life insurance policy.
Option 2
Option 1 E. The Employer shall provide business travel insur-
A.The Employer agrees to provide for full health,hos- ance for the Employee while the Employee is traveling
pitalization, surgical,vision,dental and comprehensive on the Employer's business, and the Employee shall
medical insurance for the Employee and his/her depen- name the beneficiary thereof. Should the Employee
dents on an equivalent basis to that which is provided die while on travel for the Employer, the Employer
to all other employees of the [local government]. and shall cover the full cost of retrieving and transporting
Employer shall pay all premiums for the Employee and the Employee's remains back to the custody of the
the Employee's dependents. In the event no such plan Employee's family.
exists,Employer agrees to provide full coverage for the
Section 5: Vacation, Sick, and Military Leave
Recommended Language available to any other employees, under the same
rules and provisions applicable to other employees.
A. Upon commencing employment, the Employee
shall be credited with [n] accrued sick leave hours Option 1
and [u ] accrued vacation leave hours. In addition,
beginning the first day of employment, Employee shall Beginning the first day of employment, Employee shall
accrue sick leave and vacation leave on an annual accrue sick leave and vacation leave on an annual
basis equivalent to the number of years served in the
basis, at a minimum, at the highest rate provided or
profession.
ICMA MODEL EMPLOYMENT AGREEMENT 2012 3
ATTACHMENT B
Minutes of January 27,2017
B.Upon commencing employment,the Employee shall involuntarily,the Employee shall be compensated for
have access to a bank of 180 sick days to be used in the all accrued vacation time, all paid holidays,executive
case of serious medical conditions.This leave can only leave, and other benefits to date.
be used to provide coverage during the waiting period
between the onset of illness or disability and the point at D. The Employee shall be entitled to military reserve
which short or long term disability coverage takes effect leave time pursuant to state law and [local govern
and may be renewed after each occurrence. ment] policy.
C. The Employee is entitled to accrue all unused Option 2
leave, without limit, and in the event the Employee's E.The Employee shall annually be credited with five
employment is terminated, either voluntarily or
(5) days of executive leave.
Section 6: Automobile
Recommended Language Employee shall be responsible for paying for liability,
property damage,and comprehensive insurance cover-
The Employee's duties require exclusive and unre- age upon such vehicle and shall further be responsible
stricted use of an automobile to be mutually agreed for all expenses attendant to the purchase,operation,
upon and provided to the Employee at the Employer's maintenance,repair, and regular replacement of said
cost, subject to approval by Employer which shall not vehicle. The Employer shall reimburse the Employee
be withheld without good cause. It shall be mutu- at the IRS standard mileage rate for any business use
ally agreed upon whether the vehicle is purchased by of the vehicle beyond the greater [local government]
the Employer, provided under lease to the Employer area. For purposes of this Section,use of the car
or to the Employee,or provided through a monthly within the greater [local government] area is defined
allowance. as travel to locations within a mile (recom-
mended one hundred (100) mile)radius of the local
Option 1—Monthly Vehicle government limits.)
Allowance Option 2—Employer Provided
The Employer agrees to pay to the Employee, during
the term of this Agreement and in addition to other Ve h i c l e
salary and benefits herein provided, the sum of[dol- The Employer shall be responsible for paying for liability,
lar amount] per year,payable monthly, as a vehicle property damage,and comprehensive insurance,and for
allowance to be used to purchase,lease, or own, oper- the purchase (or lease),operation,maintenance,repair,
ate and maintain a vehicle.The monthly allowance and regular replacement of a full-size automobile.
shall be increased annually by [% or$1 amount.The
Section 7: Retirement
•
Recommended Language sary agreements provided by ICMA Retirement Corpo-
ration[ICMA-RC] or any other Section 457 deferred
The Employer agrees to enroll the Employee into the compensation plan for Employee's[continued]participa-
applicable state or local retirement system and to lion in said supplementary retirement plan.In addition
make all the appropriate contributions on the Employ- to the base salary paid by the Employer to Employee,
ee's behalf. Employer agrees to pay an amount equal to [percentage
In addition to the Employer's payment to the state or of Employee's base salary,fixed dollar amount of[$]
local retirement system (as applicable) referenced above, .or maximum dollar amount permissible under Federal
Employer agrees to execute and keep in force all neces and state law into the designated plan on the Employee's
4 ICMA MODEL EMPLOYMENT AGREEMENT 2012
ATTACHMENT B
Minutes of January 27,2017
behalf,in equal proportionate amount each pay period. pensation annually.The 401(a)plan shall be established
The Employer and Employee shall fully disclose to each as an employer paid plan with non-discretionary contri-
other the financial impact of any amendment to the butions by the Employer and the Employee shall have no
terms of Employee's retirement benefit. right to receive such contributions in cash.The 401(a)
In lieu of making a contribution to a Section 457 plan shall be established under a written plan document
deferred compensation plan, the dollar value of this that meets the requirements of the IRS Code and such
contribution may be used, at the Employee's option, to document is hereby incorporated herein by reference.
purchase previous service from another qualified plan. The funds for the 401(a) plan shall be invested in such
investment vehicles as are allowable under the IRS Code
Option 1 and the Employee shall make the sole determination as
to how the funds are invested.
Recognizing that effective service with the community
is based in part on the stability provided through a Option 2 A:The Employee shall be required to con
long-term relationship, the Employer shall provide a tribute [ % ] of base salary or [dollar amount] annu-
long-term
on a pre-tax basis as a condition of participation.
retirement annuity,as directed by the Employee, at a
rate of[dollar amount],payable at the completion of
each quarter of the fiscal year. This annuity serves as Option 3
a retirement contribution and does not require further The Employer shall adopt a qualified 401(a)profit-
action of the Employer. sharing plan offered through ICMA Retirement Cor-
poration for the Employee in the form of a money
Option 2 purchase plan to which the Employer shall contribute
The Employer shall adopt a qualified 401(a)defined [% ] of all performance bonuses annually.
con-
tribution plan offered through ICMA Retirement Corpora- Option 3 A:The Employee shall be required to con-
tion for the Employee in the form of a money purchase tribute [ % ] of base salary or [dollar amount] annu-
plan to which the Employer shall contribute[%] of com- ally on a pre-tax basis as a condition of participation.
Section 8: General Business Expenses
Recommended Language C. Employer also agrees to budget and pay for travel
and subsistence expenses of Employee for short
A.Employer agrees to budget and pay for professional courses, institutes, and seminars that are necessary for
dues,including but not limited to the International City/ the Employee's professional development and for the
County Management Association,and subscriptions of good of the Employer.
the Employee necessary for continuation and full par-
ticipation in national,regional,state,and local associa-
tions,and organizations necessary and desirable for the non personal but job related nature are incurred by
Employee's continued professional participation,growth, Employee,and agrees to reimburse or to pay said gen
eral expenses. Such expenses may include meals where
and advancement,and for the good of the Employer.
Employer business is being discussed or conducted and
B. Employer agrees to budget and pay for travel participation in social events of various organizations
and subsistence expenses of Employee for profes- when representing the Employer. Such expenditures are
sional and official travel, meetings, and occasions to subject to annual budget constraints as well as state
adequately continue the professional development of and Employer ethics and purchasing policies. The
Employee and to pursue necessary official functions finance director is authorized to disburse such moneys
for Employer,including but not limited to the ICMA upon receipt of duly executed expense or petty cash
Annual Conference,the state league of municipalities, vouchers,receipts, statements or personal affidavits.
and such other national,regional,state,and local gov-
ernmental groups and committees in which Employee E. The Employer acknowledges the value of having
serves as a member. Employee participate and be directly involved in local
civic clubs or organizations. Accordingly,Employer
ICMA MODEL EMPLOYMENT AGREEMENT 2012 5
ATTACHMENT B
Minutes of January 27,2017
shall pay for the reasonable membership fees and/ personal use, and pager for business and personal use
or dues to enable the Employee to become an active required for the Employee to perform their duties and
member in local civic clubs or organizations. to maintain communication with Employer's staff and
F. Recognizing the importance of constant communi officials as well as other individuals who are doing
cation and maximum productivity,Employer shall pro business with Employer.Upon termination of Employ
vide Employee, for business and personal use, a laptop ee's employment,the equipment described herein
computer, software,intemet connection at Employee's shall become the property of the Employee and at the
permanent residence, mobile phone/personal digital discretion of the Employee any mobile phone number
assistant and/or tablet computer for business and shall be transferred to the Employee.
Section 9: Termination
Recommended Language 4. If the Employee resigns following an offer to
accept resignation,whether formal or informal,by
A. For the purpose of this agreement,termination shall the Employer as representative of the majority of the
occur when: governing body that the Employee resign,then the
1. The majority of the governing body votes to fermi Employee may declare a termination as of the date of
nate the Employee in accordance with (cite applicable the suggestion.
local law) at a properly posted and duly authorized 5. Breach of contract declared by either party with a
public meeting. 30 day cure period for either Employee or Employer.
2. If the Employer, citizens or legislature acts to amend Written notice of a breach of contract shall be pro
any provisions of the [charter, code, enabling legisla- in accordance with the provisions of Section 20.
tion) pertaining to the role,powers,duties, author-
ity,responsibilities of the Employee's position that Option 1
substantially changes the form of government, the A. In the event the Employee is terminated by the
Employee shall have the right to declare that such Employer during the six (6)months immediately fol-
amendments constitute termination. lowing the seating and swearing-in of one or more
3. If the Employer reduces the base salary,compensa new governing body members, and during such time
that Employee is willing and able to perform his duties
tion or any other financial benefit of the Employee,
unless it is applied inno greater percentage than the under this Agreement,then, Employer agrees to pay
average reduction of all department heads, such action Severance in accordance with Section 10 plus salary
shall constitute a breach of this agreement and will be and benefits in accordance with Section 10 for any
regarded as a termination. portion of the six months not worked.
Section 10: Severance
Severance shall be paid to the Employee when The Employer agrees to make a contribution to the
employment is terminated as defined in Section 9. Employee's deferred compensation account on the
A. If the Employee is terminated, the Employer shall value of this compensation calculated using the
provide a minimum severance payment equal to then current annual salary of Employee at the date
twelve (12) months salary at the then current rate of of termination divided by two thousand and eighty
pay.This severance shall be paid in a lump sum or (2080) hours.If the amount of the contribution under
in a continuation of salary on the existing [biweekly/ this Section exceeds the limit under the Code for a
monthly] basis,at the Employee's option, contribution to the Deferred Compensation plan, the
remainder shall be paid to the Employee in a lump
B. The Employee shall also be compensated for all sum as taxable compensation.
sick leave, vacation leave, and all paid holidays.
6 ICMA MODEL EMPLOYMENT AGREEMENT 2012
ATTACHMENT B
Minutes of January 27,2017
C. For a minimum period of one year following termi- them in an amount not to exceed [$10,000 to $15,000
nation, the Employer shall pay the cost to continue the recommended], and
following benefits:
6. Any other available benefits.
1. Health insurance for the employee and all depen-
D• If the Employee is terminated because of a felony
dents as provided in Section 4A, after which time,
conviction, then the Employer is not obligated to pay
Employee will be provided access to health insurance
pursuant to the Consolidated Omnibus Budget Recon severance under this section.
ciliation Act ("COBRA"). E. The termination and severance of Employee shall
be in accordance with the "Separation Agreement"
2. Life insurance as provided in Section 4D
agreed to by Employer and Employee. A template for
3. Short-term and long-term disability as provided in such agreement is provided by ICMA, and is incorpo-
Section 4B rated herein by reference.
4. Car allowance or payment of lease, or provide *Provisions for severance and severance related ben-
option to buy Employer's vehicle at depreciated value efi'ts may be governed by state and/or local law. Before
S. Out placement services should the employee desire entering into negotiations, both parties should be
knowledgeable about relevant legal provisions.
Section 11: Resignation
In the event that the Employee voluntarily resigns his/ provide a minimum of 30 days notice unless Employer
her position with the Employer, the Employee shall and Employee agree otherwise.
Section 12: Performance Evaluation
A. Employer shall annually review the performance of B. Unless the Employee expressly requests otherwise
the Employee in [month] subject to a process, form, in writing, the evaluation of the Employee shall at all
criteria, and format for the evaluation which shall be times be conducted in executive session of the govern-
mutually agreed upon by the Employer and Employee. ing body and shall be considered confidential to the
extent permitted by law. Nothing herein shall prohibit
The annual evaluation process, at a minimum, shall
include the opportunity for both parties to: (1) the Employer or Employee from sharing the content of
the Employee's evaluation with their respective legal
conduct a formulary session where the governing
body and the Employee meet first to discuss goals counsel.
and objectives of both the past twelve (12) month C. In the event the Employer deems the evaluation
performance period as well as the upcoming twelve instrument,format and/or procedure is to be modified
(12) month performance period, (2) following that by the Employer and such modifications would require
formulary discussion, prepare a written evaluation of new or different performance expectations, then the
goals and objectives for the past and upcoming year, Employee shall be provided a reasonable period of
(3) next meet and discuss the written evaluation of time to demonstrate such expected performance before
these goals and objectives, and (4) present a written being evaluated.
summary of the evaluation results to the Employee.
The final written evaluation should be completed and D. In the event the Employee is an ICMA Credentialed
delivered to the Employee within 30 days of the initial Manager, the multi-rater evaluation tool will be uti-
lized at a minimum of every five years.
formulary evaluation meeting.
ICMA MODEL EMPLOYMENT AGREEMENT 2012 7
ATTACHMENT B
Minutes of January 27,2017
Section 13: Hours of Work
It is recognized that the Employee must devote a great The schedule shall be appropriate to the needs of the
deal of time outside the normal office hours on busi- Employer and shall allow Employee to faithfully per-
ness for the Employer, and to that end Employee shall form his or her assigned duties and responsibilities.
be allowed to establish an appropriate work schedule.
Section 14: Ethical Commitments
Employee will at all times uphold the tenets of the commitments by refraining from any order,direction
ICMA Code of Ethics, a copy of which is attached or request that would require Employee to violate the
hereto and incorporated herein. Specifically, Employee ICMA Code of Ethics. Specifically, neither the govern-
shall not endorse candidates,make financial contribu- ing body nor any individual member thereof shall
tions, sign or circulate petitions,or participate in fund- request Employee to endorse any candidate,make any
raising activities for individuals seeking or holding financial contribution,sign or circulate any petition,
elected office,nor seek or accept any personal enrich- or participate in any fund-raising activity for individu-
ment or profit derived from confidential information als seeking or holding elected office,nor to handle
or misuse of public time. any matter of personnel on a basis other than fairness,
Employer shall support Employee in keeping these impartiality and merit.
Section 15: Outside Activities
The employment provided for by this Agreement shall teaching,consulting or other business opportunities
be the Employee's primary employment. Recognizing with the understanding that such arrangements must
that certain outside consulting or teaching opportuni- neither constitute interference with nor a conflict of
ties provide indirect benefits to the Employer and the interest with his or her responsibilities under this
community, the Employee may elect to accept limited Agreement.
Section 16: Moving and Relocation Expenses
Recommended Language B.Employer shall reimburse Employee for actual lodging
and meal expenses for his/her family in route from [loca-
Employee agrees to establish residence within the cor- tion name]to[location name].Mileage costs for moving
porate boundaries of the local government,if required, two personal automobiles shall be reimbursed at the cur-
within [number] months of employment,and thereaf- rent IRS allowable rate of[cents amount]per mile.
ter to maintain residence within the corporate bound-
aries of the local government. C. Employer shall pay Employee an interim housing
supplement of[dollar amount] per month for a period
A. Employer shall pay directly for the expenses of commencing [date], and shall continue for a maxi-
moving Employee and his/her family and personal mum of[u] months,or until a home is purchased
property from [location name] to [location name]. and closed on,within the corporate limits of the [local
Said moving expenses include packing,moving, government name], whichever event occurs first.
storage costs, unpacking, and insurance charges.
The Employee shall provide evidence of actual mov D.Employer shall reimburse Employee for a total of
ing expenses by securing quotations from three (3) [number]round trip air fares for Employee and his/
companies.The Employee shall submit these quotes to her family[amount of total tickets] at any time during
the Employer who, in consultation with the Employee, the first year of service to assist with house hunting and
shall select the moving company. other facets of the transition and relocation process. The
8 ICMA MODEL EMPLOYMENT AGREEMENT 2012
ATTACHMENT B
Minutes of January 27,2017
Employee and his/her family may utilize and distribute ing during the first year of this agreement. The cost of
the total [enter number] individual round trip tickets this move shall not exceed (dollar amount).
in any combination of individual members making the
trips. The Employee shall be reimbursed for actual lodg F. The Employer shall pay the Employee's tax liability
ing and meal expenses incurred by Employee or his/her on all Employer provided benefits for relocation and
family members on any trips conducted prior to reloca- housing.
tion,as detailed herein.
E. The Employee shall be reimbursed, or Employer Option 1
The Employer shall pay a lump sum payment of[$3 to
may pay directly, for the expenses of packing and
moving from temporary housing to permanent nous the Employee to cover relocation costs.
Section 17: Home Sale and Purchase Expenses
Recommended Language Option 3
A. Employee shall be reimbursed for the direct costs Employer agrees to provide the Employee a loan for the
associated with the sale of Employee's existing per- purchase of a home in an amount not to exceed [dollar
sonal residence, said reimbursement being limited to amount]. Employee shall pay Employer a monthly mort-
real estate agents' fees, and other closing costs that gage payment of[dollar amount] for interest,which is
are directly associated with the sale of the house. Said equal to the amount currently being paid in principle and
reimbursement should not exceed the sum of [$ ]. interest for the current residence. Employee shall accrue
B. Employee shall be reimbursed for the costs inciden equity at a rate of[% ] per month.
tal to buying or building a primary residence within Upon termination of employment with the Employer,
the [local government], including real estate fees, title Employee shall have a maximum of six months to
insurance, and other costs directly associated with the sell the home while continuing to reside in it under
purchase or construction of the house, said reimburse- the terms and conditions here. Should the home
ment not to exceed the sum of [$]. sell during the time period, Employer shall receive
100% of the proceeds minus the percentage of equity
Option 1 accrued by Employee as described above, and minus
the amount of equity originally invested by Employee.
Employer shall reimburse Employee for up to three
discount points within thirty (30) days followin Said accrued equity and original equity shall both
g pur be payable to Employee upon closing. Said original
chase of a home within the corporate limits of [local equity invested shall be calculated as an amount equal
government name], in an effort to minimize mortgage
rate differentials. to the percentage of original purchase price, repre-
sented by the original equity investment by Employee,
Option 2 and adjusted to be the same percentage of equity in
the current sale price of the home. All closing costs
Employer shall provide Employee with a borne by the seller shall be split between Employer
[fixed-interest, variable-interest, interest-only] loan and Employee in a proportion equal to the equity
to purchase a house. The amount of the loan shall share described above. Should the house fail to sell
not exceed $ . The loan shall be repaid in within the allotted six month time period, Employer
full to the Employer upon the occurrence of either of has the option of allowing the previous arrangement
the following events: (i) the home, or the Employee's to continue in place or to purchase equity, calcu-
interest in the home, is sold, transferred, or conveyed, lated as provided above, plus the original cost of all
or (ii) the Employee's employment with the Employer; improvements made to the property.
for any reason, is terminated. The Employer and
Employee shall execute any and all documents neces-
sary to document this transaction.
ICMA MODEL EMPLOYMENT AGREEMENT 2012 9
ATTACHMENT B
Minutes of January 27,2017
Option 4 Option 5
A. Employer shall provide a residence for Employee Employee shall place their current residence on the mar-
at no cost to Employee other than the monthly cost of ket and make every reasonable attempt to sell residence.
all utilities and services. Should Employee choose to If after six (6) months,Employee has not sold or agreed
not accept the housing no additional housing incentive to sell their residence the Employer shall purchase the
shall be provided to Employee. residence from Employee at ninety percent(90%) of
current list price or appraised value whichever is less.
B. Upon separation, voluntary or involuntary,
Employee shall vacate the residence with six (6) Employer shall then place the residence on the market
months of date of separation. with all proceeds of any sale to Employer.
Section 18: Indemnification
Beyond that required under Federal, State or Local damages,judgments, interest, settlements,penal-
Law, Employer shall defend, save harmless and ties, fines, court costs and other reasonable costs and
indemnify Employee against any obligation to pay expenses of legal proceedings including attorneys fees,
money or perform or no perform action, including and any other liabilities incurred by, imposed upon,
without limitation, any and all losses, damages,judg- or suffered by such Employee in connection with or
ments, interests, settlements,penalties, fines, court resulting from any claim, action, suit, or proceeding,
costs and other reasonable costs and expenses of legal actual or threatened, arising out of or in connection
proceedings including attorneys fees, and any other with the performance of his or her duties. Any settle-
liabilities arising from, related to, or connected with ment of any claim must be made with prior approval
any tort, professional liability claim or demand or any of the Employer in order for indemnification, as pro-
other threatened, pending or completed action, suit vided in this Section, to be available.
or proceeding,whether civil, criminal, administrative, Employee recognizes that Employer shall have the
arbitrative or investigation, whether groundless or right to compromise and unless the Employee is a
otherwise, arising out of an alleged act or omission party to the suit which Employee shall have a veto
occurring in the performance of Employee's duties as
[job title] or resulting from the exercise of judgment authority over the settlement, settle any claim or suit;
unless, said compromise or settlement is of a per-
or discretion in connection with the performance of sonal nature to Employee. Further, Employer agrees
program duties or responsibilities, unless the act or
omission involved willful or wanton conduct. The to pay all reasonable litigation expenses of Employee
Employee may request and the Employer shall not throughout the pendency of any litigation to which
the Employee is a party, witness or advisor to the
unreasonably refuse to provide independent legal rep Employer. Such expense payments shall continue
resentation at Employer's expense and Employer may beyond Employee's service to the Employer as long
not unreasonably withhold approval. Legal representa as litigation is pending. Further, Employer agrees to
tion, provided by Employer for Employee, shall extend pay Employee reasonable consulting fees and travel
until a final determination of the legal action including
any appeals brought by either party. The Employer expenses when Employee serves as a witness, advisor
or consultant to Employer regarding pending litigation.
shall indemnify Employee against any and all losses,
Section 19: Bonding
Employer shall bear the full cost of any fidelity or
other bonds required of the Employee under any law
or ordinance.
10 ICMA MODEL EMPLOYMENT AGREEMENT 2012
I
ATTACHMENT B
Minutes of January 27,2017
Section 20: Other Terms and Conditions of
Employment
A. The Employer, only upon agreement with heads or general employees] of the Employer as provided
Employee, shall fix any such other terms and condi- in the Charter,Code,Personnel Rules and Regulations or
tions of employment, as it may determine from time to by practice.
time,relating to the performance of the Employee,pro-
vided such terms and conditions are not inconsistent Option 1—Appropriation
with or in conflict with the provisions of this Agree-
ment, the [local government] Charter, local ordinances The Employer has appropriated, set aside and encum-
or any other law, bered, and does hereby appropriate, set aside,and
encumber, available and unappropriated funds of the
B. Except as otherwise provided in this Agreement,the municipality in an amount sufficient to fund and pay
Employee shall be entitled,at a minimum,to the highest all financial obligations of the Employer pursuant to
level of benefits that are enjoyed by or offered to other this Agreement, including but not limited to, the Sev-
[appointed officials, appointed employees,department erance and other benefits set forth in Sectionl0.
Section 21: Notices
Notice pursuant to this Agreement shall be given by Notice shall be deemed given as of the date of per-
depositing in the custody of the United States Postal sonal service or as the date of deposit of such writ-
Service, postage prepaid, and addressed as follows: ten notice in the course of transmission in the United
States Postal Service.
(a) EMPLOYER: City of ( )
address
city,state,zip
(b) EMPLOYEE: name
address
city,state zip
ICMA MODEL EMPLOYMENT AGREEMENT 2012 11
ATTACHMENT B
Minutes of January 27,2017
Section 22: General Provisions
A. Integration. This Agreement sets forth and estab- Employer and Employee subsequent to the expunge-
lishes the entire understanding between the Employer ment or judicial modification of the invalid provision.
and the Employee relating to the employment of the
Employee by the Employer. Any prior discussions E. Precedence. In the event of any conflict between
or representations by or between the Employer and the terms, conditions and provisions of this Agreement
Employee are merged into and rendered null and void and the provisions of Council's policies, or Employer's
ordinance or Employer's rules and regulations, or any
by this Agreement. The Employer and Employee by
mutual written agreement mayamend anypermissive state or federal law, then, unless otherwise
g provision prohibited by law, the terms of this Agreement shall
of this agreement during the life of the agreement.
take precedence over contrary provisions of Council's
Such amendments shall be incorporated and made a
part of this agreement. policies, or Employer's ordinances, or Employer's rules
and regulations or any such permissive law during the
B. Binding Effect. This Agreement shall be binding term of this Agreement.
on the Employer and the Employee as well as their
heirs, assigns, executors,personal representatives and Name of Employer
successors in interest.
By:
C. Effective Date. This Agreement shall become Governing Body Representative
effective on
Executed this the (number) day of (month), (year).
D. Severability. The invalidity or partial invalidity
of any portion of this Agreement will not affect the Employee
validity of any other provision. In the event that any
provision of this Agreement is held to be invalid, the Signature:
remaining provisions shall be deemed to be in full Executed this the (number) day of (month),(year).
force and effect as if they have been executed by both
12 ICMA MODEL EMPLOYMENT AGREEMENT 2012
ATTACHMENT B
Minutes of January 27,2017
Appendix 1
SEPARATION OF EMPLOYMENT AND GENERAL RELEASE
This Separation of Employment and General of all obligations due and owing Employee, Employer
Release Agreement ("Agreement") is made by and shall:
between the [local government] ("Employer") and
("Employee"). a. Pay Employee an amount equal to (J
months of his current salary, subject to customary
WHEREAS, Employer has employed Employee as its payroll deductions—to include Employee's portion
; however, the parties wish of health, dental and vision insurance premiums for
to enter into a voluntary agreement to terminate their ( ) months.
employment relationship and to resolve any actual or
potential claims that either party may have against the b. Continue, and pay for, Employer's current health,
other by reason of Employee's employment or termi dental and vision insurance coverages for ( )
nation thereof. months, ending on , 20_.
WHEREAS, The parties desire to set forth the terms [C. INCLUDE ANY OTHER CONSIDERATION,SUCH
and conditions governing Employee's separation of AS AGREEING NOT TO CONTEST UNEMPLOYMENT,
employment and to provide for the settlement and ALLOWING THE EMPLOYEE TO PURCHASE HIS
release of any and all disputes or controversies that WORK LAPTOP, ETC.]
have arisen, or which may hereafter arise,between 3. SURRENDER AND VACATION OF EMPLOYER's
Employer and Employee, including without limitation, PROPERTY. Upon execution of this Agreement,
any and all claims arising out of or in any way related Employee shall deliver all Employer's property in his/her
to Employee's employment with or separation from possession and further, shall vacate Employer's property.
the Employer. 4. RELEASE AND WAIVER OF CLAIMS. In con-
NOW THEREFORE, in consideration of the mutual sideration of the benefits to be provided to Employee
covenants herein contained and the mutual benefits to pursuant to this Agreement, Employee—including his
be derived therefrom, the sufficiency of which consid- heirs and assigns—hereby irrevocably and uncondi-
eration is hereby acknowledged by the undersigned, tionally releases, acquits and discharges Employer and
Employer and Employee agree and state: each of its past, present and future elected officials,
department heads, officers, employees, agents,rep-
1. 'TERMINATION OF EMPLOYMENT. Upon
resentatives and attorneys from any and all charges,
their mutual agreement, Employee's employment
shall terminate on complaints, claims, liabilities, obligations,promises,
20_, which shall be Employee's final date of agreements, controversies, damages, actions, causes of
employment. action, suits, rights, demands, costs, losses, debts and
expenses (including attorneys' fees and costs actually
2. NO ADMISSION OF LIABILITY. This Agreement incurred), of any nature whatsoever, whether known
is not an admission by Employee or Employer of any or unknown, arising out of any act, omission, or event
wrongful conduct whatsoever. Both parties deny and from the beginning of time up to the execution of this
disclaim any liability to or wrongful conduct against Agreement. Employee specifically acknowledges and
the other or any third party. agrees that he is releasing and giving up any right that
3. PAYMENT AND BENEFITS. Employee shall he may now have under federal or state law or polio
receive his/her regular paycheck for the pay period cal subdivision thereof and any claims that he may
ending 20 on or before 20 now have or could have asserted against Employer.
Employee shall receive on or before , 20_an Employee specifically agrees to release all claims that
additional payment to compensate for his accumulated against Employer under many different laws,including
leaves (vacation and floating holidays) and comp time, but not limited to: the Age Discrimination in Employ-
subject to customary payroll deductions. ment Act, the Older Workers Benefit Protection
As consideration for this Agreement and the release Act, and Executive Order 11141, which prohibit age
contained within, and in full and complete satisfaction discrimination in employment; Title VII of the Civil
Rights Act of 1964, Section 1981 of the Civil Rights Act
ICMA MODEL EMPLOYMENT AGREEMENT 2012 13
ATTACHMENT B
Minutes of January 27,2017
of 1866,and Executive Order 11246,which prohibit been sold, assigned or pledged to any third party;
discrimination based on race, color,national origin, and he/she presently possesses the exclusive right
religion, or sex;the Americans with Disabilities Act to receive all of the consideration paid in exchange
and Sections 503 and 504 of the Rehabilitation Act of for this Agreement.
1973,which prohibit discrimination based on disabil b.Employee represents and warrants that he/she has
ity;any other federal,state, or local laws prohibiting not and will not file any complaints, charges or law-
employment or wage discrimination; the Fair Labor
Standards Act of 1938 and state laws that regulate suits against Employer or any of its past,present and
future elected officials,department heads,officers,
wage and hour matters; the Family and Medical Leave
Act of 1993;the Employee Retirement Income Security employees,agents,representatives or attorneys with
Act of 1974; any federal, state, or local laws providing any governmental agency or any court,including
without limitation, any claim or matter of any nature
workers' compensation benefits, prohibiting retalia-
tory or wrongful discharge,otherwise restricting an whatsoever related to or arising out of his employ
employer's right to terminate employees, or otherwise ment with or separation of his/her employment,
claims for breach of con except Employee expressly reserves the right to file a
tract,regulating employment;o estoppel, claim for unemployment benefits. Employee further
promissory defamation, slander, or agrees to indemnify and hold Employer harmless
libel; claims for termination pay, severance, or other from any and all loss,costs,damages or expenses,
benefits; and any other federal, state, or local tort or including reasonable attorney fees incurred by
contract claim.Employee expressly waives all rights Employer,arising out of any claim concerning the
that he might have under any law that is intended to
separation of employment
protect him from waiving unknown claims. p P yment that may hereafter be
made by the Employee or any other party.
Employer hereby irrevocably and unconditionally c. Employer represents and warrants that it has not
releases, acquits and discharges Employee from any and will not file any complaints,charges or lawsuits
and all from any and all charges, complaints,claims, with any governmental agency
Employee a against
liabilities,obligations,promises, agreements,controver g
or any court,including without limitation,any
sies,damages, actions, causes of action, suits,rights, claim or matter of any nature whatsoever relating
demands, costs,losses,debts and expenses (including to or arising out of Employee's employment with
attorneys' fees and costs actually incurred), of any Employer or the separation of his employment from
nature whatsoever,whether known or unknown, aris Employer. Employer further agrees to indemnify
ing out of any act, omission,or event from the begin and hold the Employee harmless from any and all
ning of time up to the execution of this Agreement. loss, costs, damages or expenses,including reason-
5. REFERENCES AND NON-DISPARAGEMENT. If able attorney fees incurred by Employee, arising
it is necessary for Employer to provide a reference out of any claim arising from the separation of
to a prospective employer,Employee agrees that his employment that may hereafter be made by
he will direct the prospective employer to contact Employer or any other party.
Additionally,Employee and the elected d. Each party is fully aware of the contents of this
officials agree that they shall not disparage or make Agreement and of its legal effect and understands
negative comments about each other;provided that that it should obtain legal advice regarding this
this Section shall not apply to comments made to any Agreement as they deem appropriate.The parties
other governmental entity or as required by law. hereto and each of them,have carefully read this
6. REPRESENTATIONS AND WARRANTIES. The Agreement and know the contents thereof,and they
undersigned parties hereby represent and warrant the signed the same freely and voluntarily.
following to the other: e. This Agreement sets forth the entire agreement
a. Employee represents and warrants that:he/ between the parties and supersedes any and all
she is legally and mentally competent to sign this prior agreements or understandings between the
Agreement; he/she is the sole owner of any claims parties pertaining to the subject matter herein. No
against the Employer;he/she has the requisite waiver of a breach of any provision of this Agree-
capacity and authority to make this Agreement, and ment shall be construed to be a waiver of any
no portion of any existing or potential claims has breach of any other provision of this Agreement or
14 ICMA MODEL EMPLOYMENT AGREEMENT 2012
ATTACHMENT B
Minutes of January 27,2017
of any succeeding breach of the same provision. carefully read the Agreement and the Release
No delay in acting with regard to any breach of any included herein; (c)fully understands it;and (d)
provision of this Agreement shall be construed to is entering into it voluntarily. Employee represents
be a waiver of such breach. If any provision in this that Employer encouraged him/her to discuss this
Agreement is found to be unenforceable, all other Agreement with an attorney of choice before sign-
provisions will remain fully enforceable. ing it. This Agreement shall not become effective or
enforceable until the seven-day revocation period
f. No promise or inducement has been made or
offered, except as herein expressly set forth, and has expired without Employee having revoked
this Agreement is executed without reliance upon acceptance of it.
any statement or representation by any of the IN WITNESS WHEREOF,the parties have executed
released parties or their representatives. this Agreement as of the respective dates set forth
g. The language of all parts of this Agreement shall, below and each hereby acknowledge receipt of an
in all cases, be construed as a whole,according executed copy of this Agreement.
to its fair meaning, and not strictly for or against
either party. On behalf of the Employer of
h. This Agreement and any amendments hereto
may be executed in multiple counterparts by the .
parties. Each counterpart shall be deemed an origi-
nal,but all counterparts together shall constitute
one and the same instrument Employer
7.JURISDICTION. This Agreement shall be gov-
erned by the laws of the State of , and the
County District Court shall have exclu- Date
sive jurisdiction of any disputes arising under this
Agreement. Attested by:
8. BINDING EFFECT. This Agreement shall be bind-
ing upon and shall accrue to the benefit of the parties
hereto,their respective personal representatives, suc- Employer's Representative
cessors in interest and assigns.
9.REVIEW&REVOCATION. The parties acknowl- Date
edge that Employee may revoke his/her acceptance
and execution of this Agreement at any time within
seven (7) days of the date of his/her execution of it. On behalf of Employee:
Any revocation shall be in writing and shall be effec-
tive upon timely receipt by the Employer's Attorney.
If the revocation is submitted by mail,the revoca-
tion must be postmarked before the expiration of
the seven (7)-day revocation period,and must be
sent by overnight mail or other method so that it is Date
received at the above address no later than the next
business day immediately following the expira-
tion of the seven (7)-day period.Further,Employee
represents that,before accepting and executing
this Agreement,he/she was given a review period
of twenty-one (21) days in which to consider it.
Employee further represents that he/she: (a) took
advantage of as much of this period as required
to consider this Agreement before signing it; (b)
ICMA MODEL EMPLOYMENT AGREEMENT 2012 15
Minutes of January 27,2017
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