Loading...
HomeMy WebLinkAbout115-93 Ordinance ; . RECORD OF ORDINANCES Dayton Legal Blank Co, Form No, 30043 Ordinance No.. ...1.1!;.-Um Passed.. m umn uum um19.. nl~ I AN ORDINANCE AUTHORIZING A CONTRACT FOR THE CONTINUED EMPLOYMENT OF THE r' CITY MANAGER, AND DECLARING AN EMERGENCY \ - WHEREAS, council has conducted a formal evaluation of the City Manager; and, WHEREAS, council has consented and agreed to a revised contract concerning the continued employment of the current city Manager. NOW, THEREFORE BE IT ORDAINED by the council of the city of Dublin, state of Ohio, ~ 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 )~ day of ~ , 1993. '- ATTEST: O~~ - {I-- ~ Clerk of Council I ,- , f, .......' I herebv certify that copies of this Ord'nonce/~s , ti Chlf n b!' . ,e II 9A were posted in 11 II, 0 LIV in In accordance wIth Section 731 25 f th 1\1.." ole . 0 e IIll10 ReVIsed Code Ct.~~~L~ a C1.--e-&-cA k _ ',,('or( of Council. Dublin, Ohio I I I \ ! ,"'''_' _ ~_J,iI I '__f!i':"~- ---~~,-~. li ," o Yd. /I.b-- 'J3 . rAh. A- 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 Ordinance 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 Agreement. C, EMPLOYEE agrees to remain in the exclusive employ of Dublin, Ohio, until December 31, 1995, 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 December 31, 1995, 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, 1 ~ -. ..",'_,.,.~.~....- ii-'i1. p..----m-rr"t -' =1'<0;])' ~ , . SECTION 3. TERMINATION AND SEVERANCE PAY A. In the event EMPLOYEE is terminated by the Council prior to December 31, 1995, 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 pay- ment equal to six (6) 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 benefitting 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 December 31, 1995, EMPLOYEE shall give the City three (3) months notice in advance of such resignation. SECTION 4. SALARY AND EVALUATION Council agrees to pay the EMPLOYEE for his services rendered pursuant hereto an annual base salary of $80,200 effective January 1, 1994, and an annual base salary of $82,600 effective January 1, 1995, payable in installments at the same time as other employees of the City are paid. 2 ~" "_"'''_>~.""",~-~,,,,,,,,~-~~~_,,_,",----~-,,,'.'_._"..~~ ....... vrr-'.'IlJ] - . In addition, COUNCIL agrees to continue to undertake a formal performance evaluation of the EMPLOYEE, at least on an annual basis. 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 S. HOURS OF WORK A, It is recognized the EMPLOYEE must devote a great deal of his time outside nor- -1%;" mal 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, maintenance, repair, and regular replacement of said automobile, The EMPLOYEE shall have the option of a $425.00 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 associations and organi- zations necessary and desirable for his continued professional participation, growth, and advance- ment, and for the good of the City. 3 ^,--~,"...-.,~,-'>~""-"""""-""""''''' ~'"--^'-~.~- D'';( " f," ,1i - __' U ,n . 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 Inter- '-'" national 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 professional devel- opment 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 Two Thousand Dollars ($2,000.00) per year, 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 such as meals, entertainment, donations, etc, on behalf of the City and in his official capacity as City Manager. Council recognizes that in certain circumstances such expenses may be appropriate for the EMPLOYEE'S spouse. 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 4 .-,<</' ~. , --_._.._~~"" ~.,. 'J . TOO] , , , - . " . 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, comprehensive ..... medical and public official's liability insurance for EMPLOYEE and his dependents and to pay the premium thereon equal to that which is provided all other City employees. COUNCIL agrees to provide life insurance coverage in the amount of $75,000.00 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 EMPWYMENT 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 provisions 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 City, in addition to said benefits enumerated specifically for the benefit of EMPLOYEE, except as herein provided. 5 -- ~ ._-,.~._,~-,~~-~-~-,-" .,,",'."'.'^""~'."-'--~"-' . t , 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, 1994, 4, D, If any provision, or any portion thereof, contained in his Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall nol be affected, and shall remain in full force and effect. ~ This Employment Agreement is executed this.,{ /,fl day of ~./~ ___ ,199jf, at Dublin, Ohio, ~ ~@ ~ C~ ~ ~v4- WITNESS WITNESS ~ a,~, (~# WITNESS WITNESS ' 6