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HomeMy WebLinkAbout036-89 Ordinance RECORD OF ORDINANCES National Graphics Corp., Cols.. O. ~ Form No. 2806-A Ordinance N 0 'm}~__~2n_nnn p assed__ m_~n_mnnnm___ nmm_19 _m___ ,W" AN ORDINANCE ADOPTING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF i+<< DUBLIN AND POLICE LIEUTENANT JOSHUA VANCE, AND DECLARING AN EMERGENCY WHEREAS, Council has considered and approved the Memorandum of Agreement between the City of Dublin and Joshua Vance, which is attached hereto and incorporated herein as Exhibit "A" as if fully rewritten. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, 1 of the elected members concurring: Section 1. That the City of Dublin hereby approves and adopts the Memorandum of Agreement between the City of Dublin and Joshua Vance. Section 2. That due to the fact that the above-referenced Memorandum of Agreement serves to fully release the City of Dublin, its Council, and future councils from all further obligations related thereto, this Ordinance is declared to be an emergency for the immediate preservation of the public health, safety and welfare and shall take effect and be in force immediately upon its passage. Passed this 1st day of May , 1989. Attest: J~~ r Clefk of Council I hereby cerrfy lhnt ~(l~'es of t\s Od'ncmre/Resolution were posted ;n the \..1- City of Dublin in accorclame w:th Se-rt;on 731.25 of the Gtlio Revised Code. ~;Z~ (Jerk of C.,uncil, ublin, Ohio Sponsor: City Manager MEMORANDUM OF AGREEMENT This Memorandum of Agreement between the City of Dublin, an Ohio Municipal Corporation, and Joshua Vance, approved by the Dublin City Council via Ordinance No. 36-89, is made as of this _day of , 1989. WHE REAS , Joshua Vance has faithfully performed the duties a.nd responsibilities inherent to said position over the past 16 years; and WHE REAS , based upon medical reasons, both parties agree it would be mutually beneficial for Joshua Vance to take an early retirement; NOW, THEREFORE, in consideration thereof, the Council for the City of Dublin and Joshua Vance agree as follows: 1. Joshua Vance will retire from his position as Police Lieutenant with the City of Dublin on or about , 1989. 2. In consideration thereof, the City of Dublin agrees to pay Joshua Vance a sum not to exceed $15,000.00, so he may purchase service time to enable him to retire with maximum available retirement benefits. 3. It is the intent of Joshua Vance and the Dublin City Council that in consideration of the mutual covenants and promises set forth herein, that this agreement shall serve to fully release the City of Dublin, its Council and future Councils, and Joshua Vance from all further employment- related obligations other than those mandated by law. This agreement shall be binding on and inure to the benefit of the parties hereto, the legal representatives, successors in interest, heirs and assigns, respectively, of each party. . IN WITNESS WHEREOF, the parties have executed this agreement. Timothy C. Hansley, City Manager Joshua Vance, Lieutenant Dublin Division of Poli~e CONFIDENTIAL ADMINISTRATIVE REPORT TO: Members of Dublin City Council FROM: Timothy C. Hansley, City Manager / {1#d;:fA'~ SUBJECT: Proposed Agreement Between the City and Lieutenant Joshua (Jay) Vance DATE: April 13, 1989 Summary and Action Recommended The City Administration is recommending that an agreement be reached between the City and Lieutenant Vance whereby the City would assist him in achieving an early retirement by providing the funding for the purchase of additional service credit. The attached legislation would accomplish this, and I am requesting that we meet in Executive Session following your Monday night meeting to further discuss this is sue. Issue - Lieutenant Vance has been afflicted with a condition in the last several years known as sleep apnea which affects his ability to stay awake for extended periods of time and which also results in a short-term memoray loss. Due to that condition he has been on extended sick leave since late 1988 at about the same time he applied for a medical disability retirement through the Police Pension Fund. In conversations I had with Lt. Vance at that time, I agreed that I would not penalize him for applying for a disability pension should he fail to be certified as being disabled. Lt. Vance was recently examined by four physicians from the State Pension Board. They found that he was totally disabled; however, they determined that this happened as a result of off-duty activities, and was not therefore directly work-related. Based on his years of service within the system, his pension would be figured at about 34% of his present salary. Lt. Vance had indicated previously that if he had been deteremined to be tota.11y disabled and had it been determined that it was related to his on-duty activities, his pension would have been approximately 60% of his salary and he would ha.ve elected to take the pension and retire. Chief Ferrell, myself and Dave Harding have spent the last several months trying to determine a reasonable assignment for Lt. Vance, given his physical limitations, and have not been able to determine anything that would be appropriate while not being demeaning to the position of Police Lieutenant. The compromise position that we have come up with is a similar situation to what we had with Chief Mayer. We are proposing to assist Lt. Vance in purchasing 6 1/2 years of prior public service which would raise his pension to approximately 55% of his present salary. Even Proposed Agreement - Lt. Vance Page Two then I am not convinced that Lt. Vance would elect that option, but I believe if I have that as a tool I can strike a deal that would be mutually beneficial to the City and to Lt. Vance. Again, buying of time to assist with an early retirement is something that I would not normally recommend as an ongoing City policy, but in this case we have a situation where the officer has been determined to be totally disabled and there is just no other practical solution to this particular situation. Conclusion After reviewing the issue of Lt. Vance's medical disability and having ongoing discussions with him, with Chief Ferrell and with the Director of Personnel, it has been determined that it may be mutually beneficial to both 1:he City and the employee, to assist with a purchase of prior service time to allow for an early medical retirement. If Lt. Vance is placed in any type of duty status he will continue to have relatively expensive medical problems and it would be hard to find a proper assignment for him; therefore, this proposed pension buy-out appears to be the best course of action. It is currently estimated that the cost of this proposal would be less than $15,000.00 and could be funded within the Police Division budget, primarily due to the Administration's plan to eliminate this position and fill this slot with a police officer at a reduced salary. It is recommended that City Council give consideration to this proposal in Executive Session following your Monday night's meeting. TCH:fmu