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HomeMy WebLinkAbout43-00 Ordinance RECORD OF ORDINANCES Da on Le al Blank Co. Form N 0043 Ordinance No....43.-00 Passed AN ORDINANCE AUTHORIZING THE CONTINUED EMPLOYMENT OF THE CITY MANAGER WHEREAS, Council has completed a formal performance evaluation of the City Manager; and WHEREAS, Council has consented to an Employment Agreement governing the continued employment of the City Manager. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. The appointment of Timothy C. Hansley as the City Manager of the City of Dublin, originally effective on July 13, 1987, is hereby continued. Section 2. Council hereby authorizes the Mayor to execute and enter into an Employment Agreement with the City Manager, a copy of which is attached as Exhibit "A". Section 3. This Ordinance shall take effect and be in force from and after the earliest date permitted by law. Passed 's day of ,~G~J , 2000. yor Presiding Officer ATTEST: 1~'1NN.4~ Clerk of Council 1 here!;y cer#ify that copies of tQlis Ordnance/Resolution were posted in the City of O~.~blin in accordance with Section 731.25 of tine 3hio Revised Code. /~}5,~: CRer f Council, Dublin, Ohio EXHIBIT "A" EMPLOYMENT AGREEMENT The City Council (hereinafter called "Council") of Dublin, Ohio, (hereinafter called "City"), hereby agrees to continue the employment of Timothy C. Hansley as City Manager (hereinafter called "Manager") to perform the functions and duties of City Manager as set forth in the revised ,K Dublin Charter and the Dublin Codified Ordinances and such other legally permissible and proper duties and functions as Council shall direct or assign. Manager agrees to accept such employment under the terms and conditions hereinafter set forth. SECTION 1. SALARY AND EVALUATION A. Council agrees to pay Manager an annual base salary of $98,083.70 effective March 1, 2000 through February 28, 2001. The salary of Manager shall be payable in installments at the same time as other employees of the City are paid. B. Council agrees to pay Manager a lump sum of $4,061.25 which represents a retroactive cost of living adjustment for the period August 31, 1998 through February 29, 2000. This payment shall be due upon execution of this Agreement. C. Council agrees to continue to undertake a formal performance evaluation of Manager, prior to the expiration of each contract term. The evaluation should be constructive in nature and should be discussed with the Manager so as to provide feedback and establish performance objectives for the current contract term. When such evaluation results in a rating equal to or better than the prior year, Manager maybe considered for a bonus. The award of any such bonus will be at the sole discretion of Council. SECTION 2. HOUSING Due to Manager's unique housing situation, Council agrees that Manager shall, during the (Rev. 3/7/00) 1 v...Y . _ _ term of this Agreement, have the exclusive possession and use of the single family residence owned by the City and located at 3615 Jenmar Court, for occupancy by Manager, at no cost to Manager. Manager shall be responsible for normal care of the premises as well as insurance on the personal property placed therein. In the event of voluntary termination of employment, the Manager shall vacate the premises within sixty (60) days of the last day of employment. In the event of involuntary termination of employment, Manager shall vacate the premises no later than 180 calendar days after the last day of employment. This Agreement does not obligate the City to provide housing to the Manager in the event the City terminates ownership of the property located at 3615 Jenmar Court. SECTION 3. AUTOMOBILE Manager's duties require the exclusive and unrestricted use of an automobile at all times during employment by Council. 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. Manager shall have the option of a $425.00 per month allowance in lieu of this provision. SECTION 4. VACATION AND SICK LEAVE Manager shall accrue, and have credited to Manager's personal account, vacation and sick ~,~K leave at the same rate as other full-time employees of the City. Manager was entitled to transfer as provided by State law, the accumulated sick leave balance from a former municipal employer, and began City of 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 Manager. (Rev. 3/7/00) 2 SECTION 5. DISABILITY, HEALTH. LIFE AND PUBLIC OFFICIAL'S LIABILITY AND LIFE INSURANCE Council agrees to provide disability, hospitalization, surgical, comprehensive medical and public official's liability insurance for Manager and dependents and to pay the premium thereon equal to that which is provided all other City employees. Council agrees to provide life insurance A coverage in the amount of $75,000 and to pay the cost of a comprehensive annual physical for Manager. SECTION 6. NORMAL RETIREMENT SYSTEM -PERS Manager 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 7. PROFESSIONAL DEVELOPMENT Council hereby agrees to pay the travel and subsistence expenses of Manager for professional and official travel, meetings, and occasions adequate to continue the professional development of Manager 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 ~a committees thereof which Manager serves as a member. SECTION 8. DUES AND SUBSCRIPTIONS Council agrees to pay the dues and subscriptions of Manager necessary for continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for continued professional development and for the good of City. SECTION 9. GENERAL EXPENSES Council recognizes that certain expenses both of a personal and anon-personal nature are (Rev. 3/7/00) 3 incurred by Manager, and hereby agrees to reimburse or to pay such general expenses, up to an amount not to exceed $2,000.00 per year. 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 an official capacity as Manager. `a SECTION 10. HOURS OF WORK A. It is recognized Manager must devote time outside normal office hours to business of the City, and to that end Manager will be allowed to take compensatory time off as deemed appropriate during said normal office hours. B. Manager shall not spend any time teaching, consulting, or other non-City connected income producing activity without the express prior approval of Council. SECTION 11. TERM OF AGREEMENT A. The term of this Agreement shall be March 1, 2000 through February 28, 2001. This Agreement shall continue thereafter for three-month periods unless ninety (90) days' written notice is given prior to time of expiration. Manager agrees to remain in the exclusive employ of Council until February 28, 2001. Manager agrees not to become employed by any other employer during the term of this Agreement, unless Council terminates Manager during the term of this Agreement as provided in Section 12; or, Manager resigns after proper notice as provided in Section 11(C); or this provision is modified by mutual agreement of Council and Manager. B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Council to terminate the services of Manager at any time, subject only to the provisions set forth in Section 12, Paragraphs A and B, of this Agreement. C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right (Rev. 3/7/00) 4 of Manager to resign at any time from this position with the City. Manager shall give Council ninety (90) days' written notice should Manager voluntarily resign this position prior to February 28, 2001. SECTION 12. TERMINATION AND SEVERANCE PAY A. In the event Manager is terminated by Council prior to February 28, 2001 and during such time that Manager is willing to perform the duties of Manager, then Council agrees to pay Manager a lump sum cash payment equal to six (6) months' aggregate salary; if Manager is terminated due to a conviction of any illegal act involving personal gain, then, 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 salary or other financial benefits of Manager in a percentage greater 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 Manager, or Manager resigns following a request by Council for such resignation, then, at the sole discretion of Manager, Manager may 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 or resignation. 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 Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the revised Dublin Charter, or any other law. B. All provisions of the revised Dublin Charter, Codified Ordinances, and regulations and rules of the City relating to retirement and pension system contributions, holidays, and other fringe benefits and working conditions as they now exist or hereinafter may exist in the City, in (Rev. 3/7/00) 5 addition to said benefits enumerated specifically for the benefit of Manager, except as herein provided, shall also apply to Manager. 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 Manager and Council. C. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. D. This Agreement shall become effective commencing March 1, 2000. This Employment Agreement is executed this day of , 2000, at Dublin, Ohio. MAYOR, CITY OF DUBLIN, OHIO MANAGER p WITNESS WITNESS WITNESS WITNESS (Rev. 3/7/00) 6