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HomeMy WebLinkAbout007-90 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 . 07-90 Passed __'_'_w___ _________, _______.19 Ordinance No, ____._.___-_- AN ORDINANCE AUTHORIZING A CONTRACT FOR THE CONTINUED EMPLOYMENT OF THE CITY MANAGER WHEREAS, Council has conducted a formal evaluation of the City Manager; and, WHEREAS, Council has consented and agreed to a revised contract concern- ing the continued employment of the current City Manager; and, NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, 6 of the elected members concurring: Section 1. That the appointment of Timothy C. Hansley as the City Manager of the City of Dublin which was originally effective July 13, 1987 is hereby continued. Section 2. That Council through the Mayor is authorized to execute and enter into a contract with the said City Manager, a copy of which is attached as Exhibit "A". Section 3. That this Ordinance is an emergency necessary to preserve the public health, safety and welfare and therefore shall take effect and be in force immediately upon its passage. Passed this 29th day of January , 1990. ~~ I Attest: I I J:r~jl/l l/l} z(~ Clerk of Council 1 hereby certify that cop:es of this Ordinance/Resolution were l'ostelJ in t~e City of Dublin in accordance with Sect:on 731.25 of the Itlio Revised Code. ,-jfi4~ YJ). t(~ (Jerk of Council, Dublin, Ohio , . ~ , J .. ... . .' , , . EMPLOYMENT CONTRACT SECTION 1. DUTIES The City Council of Dublin, Ohio, hereinafter called "COUNCIL", hereby agrees to continue the employment of Timothy C. Hansley, hereinafter called "EMPLOYEE", as City Manager of Dublin to perform the functions and duties of the City Manager set forth in the Dublin Charter and the Dublin Codified Ordinances and to perform such other duties and functions as the COUNCIL shall from time to time direct or assign. EMPLOYEE agrees to accept such employment under the terms and conditions hereinafter set forth. SECTION 2. TERM A. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the COUNCIL to terminate the services of EMPLOYEE at any time, subject only to the provisions set forth in Section 3, Paragraphs A and B, of this Agreement. B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the EMPLOYEE to resign at any time from his position with the City, subject only to the provisions set forth in Section 3, Paragraph C, of this Agree- ment. C. EMPLOYEE agrees to remain in the exclusive employ of Dublin, Ohio, until July 31, 1992, and neither to seek, to accept, nor to become employed by any other employer until said date, unless said termination by COUNCIL of EMPLOYEE is effected prior to said date as hereinafter provided. D. In the event notice is not given by either COUNCIL or EMPLOYEE to the other ninety (90) days prior to July 31, 1992 , this Agreement shall be extended on for an additional two year period on the same terms and conditions as herein provided. This Agreement shall continue thereafter for two-year periods unless ninety (90) days written notice is given prior to time of expiration. -l- . . SECTION 3. TERMINATION AND SEVERANCE PAY A. In the event EMPLOYEE is terminated by the Council prior to July 31, 1992, and during such time that EMPLOYEE is willing and able to perform the duties of City Manager, then in that event the COUNCIL agrees to pay EMPLOYEE a lump sum cash payment equal to three (3) months' aggregate salary; provided, however, that in the event EMPLOYEE is terminated because of his conviction of any illegal act involving personal gain to him, then, in that event, COUNCIL shall have no obligation to pay the severance sum designated in this paragraph. B. In the event COUNCIL at any time during the employment term reduces the salary or other financial benefits of EMPLOYEE in a greater percentage than an applicable across-the-board reduction for all City employees, or in the event COUNCIL refuses, following written notice, to comply with any other provision benefiting EMPLOYEE herein, or EMPLOYEE resigns following a request by the COUNCIL that he resign, then, in that event, EMPLOYEE may at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. C. In the event EMPLOYEE voluntarily resigns his position with the CITY prior to July 31, 1992 , EMPLOYEE shall give the City three (3) months notice in advance of such resignation. In the event EMPLOYEE voluntarily resigns his position with Dublin before July 31, 1992, EMPLOYEE shall partially reimburse Dublin for the $4,330 in moving and relocation expenses which were expended on behalf of EMPLOYEE in a sum equal to a percentage determined by a fraction whose numerator would be the number of months remaining in the original five year obligation period which began on July 13, 1987 and whose denominator would be sixty (60) months. EMPLOYEE agrees to have any such reimbursement withheld by the City from any funds otherwise due him. -2- . . SECTION 4. SALARY AND EVALUATION COUNCIL agrees to pay the EMPLOYEE for his services rendered pursuant hereto an annual base salary of $67,500 effective January I, 1990, payable in installments at the same time as other employees of the City are paid. Also, an additional $2,000.00 per annum shall be paid by the City to the EMPLOYEE as deferred compensation into an approved plan of the EMPLOYEE'S choice; except that the plan shall stipulate that the funds only accrue to the benefit of the EMPLOYEE in the event of a termination, or completion of the five (5) year term of this contract, and not in the event of a voluntary resignation, with these terms as herein described. In addition, COUNCIL agrees to increase said base salary and/or benefits of EMPLOYEE in such amounts and to such an extent as the COUNCIL may determine that it is desirable to do so on the basis of a performance review, to be undertaken at least annually. The review should be based on a formal evaluation. The evaluation should be positive in nature and should be discussed with the EMPLOYEE so as to give him the opportunity to improve his abilities. SECTION 5. HOURS OF WORK A. It is recognized the EMPLOYEE must devote a great deal of his time outside normal office hours to business of the COUNCIL, and to that end EMPLOYEE will be allowed to take compensatory time off as he shall deem appropriate during said normal office hours. B. EMPLOYEE shall not spend any time in teaching, consulting, or other non-City connected business without the express prior approval of the COUNCIL. SECTION 6. AUTOMOBILE EMPLOYEE'S duties require that he shall have the exclusive and unrestricted use of an automobile at all times during his employment with the COUNCIL and the City will furnish said automobile and shall be responsible for paying for liability, property damage, and comprehensive insurance and for the purchase, operation, -3- . maintenance, repair, and regular replacement of said automobile. The EMPLOYEE shall have the option of a $375.00 per month allowance in lieu of this provision. SECTION 7. DUES AND SUBSCRIPTIONS COUNCIL agrees to pay the dues and subscriptions of EMPLOYEE necessary for his continuation and full participation in national, regional, state, and local associ- ations and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the City. SECTION 8. PROFESSIONAL DEVELOPMENT A. COUNCIL hereby agrees to pay the travel and subsistence expenses of EMPLOYEE for professional and official travel, meetings, and occasions adequate to continue the professional development of EMPLOYEE and to adequately pursue necessary official and other functions for COUNCIL, including but not limited to the Annual Conference of the International City Management Association, the state league of municipalities, and such other national, regional, state and local governmental groups and committees thereof which EMPLOYEE serves as a member. B. The COUNCIL also agrees to pay for the travel and subsistence expenses of EMPLOYEE for courses, institutes, and seminars that are necessary for his profes- sional development and for the good of the City. SECTION 9. GENERAL EXPENSES COUNCIL recognizes that certain expenses both of a personal and a non-personal nature are incurred by EMPLOYEE, and hereby agrees to reimburse or to pay such general expenses, up to an amount not to exceed an average of One Hundred Dollars C$IOO.OO) per month, and the Director of Finance is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts or statements, on the condition that they be generally job-affiliated expenses. -4- . SECTION 10. VACATION AND SICK LEAVE EMPLOYEE shall accrue, and have credited to his personal account, vacation and sick leave at the same rate as other full-time employees of the City. However, he was entitled to transfer as provided by State law, his accumulated sick leave balance from his former municipal employer, and began his Dublin employment with a balance of two weeks of vacation leave. All other provisions of the Dublin Codified Ordinances relating to vacation and sick leave benefits which apply to City department heads shall also apply to EMPLOYEE. SECTION 11. DISABILITY, HEALTH, LIFE AND PUBLIC OFFICIAL'S LIABILITY AND LIFE INSURANCE A. COUNCIL agrees to provide disability, hospitalization, surgical, comprehen- sive medical and public official's liability insurance for EMPLOYEE and his depen- dents and to pay the premium thereon equal to that which is provided all other City employees. COUNC IL agrees to provide life insurance coverage in the amount of $50,000.00 and to pay the cost of a comprehensive annual physical for the EMPLOYEE. SECTION 12. NORMAL RETIREMENT SYSTEM - PERS A. EMPLOYEE shall be covered by the PERS retirement system as provided for all other City employees and COUNCIL agrees to pay the City's normal contribution. SECTION 13. OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. COUNCIL shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of EMPLOYEE, provided such terms and conditions are not inconsistent with or in conflict with the provi- sions of this Agreement, the Dublin Charter, or any other law. B. All provisions of the Dublin Charter, Codified Ordinances, and regulations and rules of City relating to retirement and pension system contributions, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to EMPLOYEE as they would to other employees of the -5- , . . City, in addition to said benefits enumerated specifically for the benefit of EMPLOYEE, except as herein provided. SECTION 14. GENERAL PROVISIONS A. The text herein shall constitute the entire agreement between the parties, and replaces and supersedes any previous Agreements. B. This Agreement shall be binding upon and inure to the benefit of the heirs, executors and assigns of EMPLOYEE and COUNCIL. C. This Agreement shall become effective commencing January 1, 1990 . D. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agree- ment, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. /; This Employment Agreement is executed this 301N day of /" t'VV' (...(-.;.-:v l.-t , 1990, at , ' Dub lin, Ohio. ~ ~~ /) (! - / c'~<>/. [_ r~ :...:>~-~ c::--'\-- ,yc,v--?I., ~YOR, l CITY OF DUBLIN, OHIO EMPLOYEE ~ ~ WITNESS uU~~~ WITNESS / -6-