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151-97 OrdinanceRECORD OF ORDINANCES Blank Co. Form No. Ordinance No. --151-97------- Passed--- ---- ---- --- ---- --------------------------19--- ---- AN ORDINANCE AUTHORIZING THE CONTINUED EMPLOYMENT OF THE CITY MANAGER WHEREAS, Council has conducted a formal evaluation of the City Manager; and WHEREAS, Council has consented to an Employment Agreement governing the continued employment of the City Manager. NOW, RE, BE IT ORDAINED, by the Council of the City of Dublin, State of Ohio, of the members concurring that: r ion 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. . ection 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". ~ ion .This ordinance shall take effect and be in force on the earliest date permitted by law. Passed this ~~'~i- day of ~ ~ Plr-b t./ , 1997. ATTEST: i!1~/I~t~ li Clerk of Council ~ hereby certify that copies of this Ord~nancel lily of Dublin in accordance w:t6 Section 73t.1S o 0 o ReY°5ed Cod ~'t' Cte of [o cit, pubtl 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 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 $90,250.00 effective September 1, 1997 through August 31, 1998. 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 continue to undertake a formal performance evaluation of Manager, prior to the expiration of each contract term. The evaluation should be positive 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 may be considered for a bonus. The award of any such bonus will be at the sole discretion of Council. Council agrees that Manager shall, during the term of this Agreement, have the exclusive possession and use of the single family residence owned by the City and located at 3615 7enmar 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 1 event of voluntary termination of employment, 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. 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. Manager shall accrue, and have credited to Manager's personal account, vacation and sick 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. SECTION 5. DISABILITY. HEALTH, LIFE A P IC OFFI .TAI,' LIABILITY A INSiTRANC'F 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 2 ~'" coverage in the amount of $75,000 and to pay the cost of a comprehensive annual physical for Manager. 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 committees thereof which Manager serves as a member. SECTION 8. DUES AND SUBSCRIPTION 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. Council recognizes that certain expenses both of a personal and anon-personal nature are 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, 3 ~"",~ entertainment, donations, etc. on behalf of the City and in an official capacity as Manager. 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. A. The term of this Agreement shall be September 1, 1997 to August 31, 1998. Notwithstanding other terms of this section, this Agreement shall be extended for an additional one (1) year period, commencing September 1, 1998, on similar terms and conditions as herein provided. This Agreement shall continue thereafter for one-year 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 August 31, 1998. 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 of Manager to resign at any time from this position with the City. Manager shall give Council 4 ninety (90) days' written notice should Manager voluntarily resign this position prior to August 31, 1998. A. In the event Manager is terminated by Council prior to August 31, 1998, 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 severance pay provision or resignation provision contained herein. 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 5 fringe benefits and working conditions as they now exist or hereinafter may exist in the City, in addition to said benefits enumerated specifically for the benefit of Manager, except as herein provided, shall also apply to Manager. 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. at D. This Agreement shall become effective commencing September 1, 1997. This Employment Agreement is executed this 0~' day of 9g, ---~ m (thin ~YOR CITY WITNESS DUBLIN, OHI WITNESS 6 MANAG J NESS WITNESS CITY OF DUBLIN M e m o Office of the City Manager „~„ 5200 Emerald Parkway Dublin, Ohio 43017-1006 Phone: 614-761-6500 Fax: 614-889-0740 To: Members of Dublin City Council From: Timothy C. Hansley, City Manager Date: August 25, 1997 /~~ Re: Proposed Performance Goals for 1997-98 and Proposed Employment Contract Modifications. I have been requested by Council Member Stillwell, in her role as Chair of Council's Administrative Committee to provide you with proposed perfornlance goals for the next twelve months and my proposed changes to the current Employment Agreement. I recognize that I serve at the pleasure of City Council and I firmly believe that the main function of the Administration is to fully execute all policies of the Council. I am hopeful that our `"""° discussion tonight will result in clear direction from Council as to what you wish the Administration to focus on for the balance of this year and for the first half of 1998. I. 1~'orJcso~v_ar_d~lr_c_c_e~sfirl_c_olzrpl_~tio~i of a11~Qals_aur! p~~ojects~vJticlr~av_e pxel~io_resly_Ge_cir. idetttife__d_as_prorities_b_y_City C_o_rr~tcil. These include such goals and projects as: Continue parkland development and other land acquisitions; Continue aggressive funding of traffic infrastructure in the Capital Improvement Projects; Identify methods to enhance the economic development and utilization of Old Dublin; this includes a variety of issues including a study of the existing structures in Old Dublin and the development of a "group variance" code. This would also include final action on acquiring both gas stations; Page 2 August 25, 1997 Work with Council toward the adoption of the revised Community Plan and the implementation of all appropriate portions including a possible revision of the zoning code that would decrease the need for frequent negotiations/variances; ,~:., Work with Council to develop a 1998 goal by the end of this year which addresses facility needs for the Dublin community. The goal should be based on the Geisler Study and the adopted Community Plan and should also incorporate the existing "Town `--.~ Center" and "Conference Center" goals as well as review the need for a park in the Southwest area; Work with Council to finalize plans for Phase II of the Community Recreation Center; Complete all other on-going Capital Improvement Projects, including the West Branch Sewer. II. Continue to focus on imvroving the relationship between City Council and the Administration. I was extremely disappointed to learn that Council's expectations in the areas of Mindedness, Coo erp ation, Diplomacy, and Communication with Council are not being met by me personally and by the staff in general. Even though I have undertaken several specific changes since my last evaluation, it is obvious that Council is still seeking major improvement, especially in the area of communication with Council. I believe that by working together we can enhance the many ways in which we interact. Specifically, in each area my personal goals are: a. Open-Mindedness - be more receptive to suggestions from others; - undertake renewed effort to ensure that both sides of an issue are given in all presentations to Council, both verbal and written; - be more willing to change my personal position when the presentation of new information offers this opportunity. b. Cooperation - make a concerted effort to work in harmony with all parties that I encounter, such as citizens, staff, and especially Council and its individual members. c. Dinlo - work toward major improvement in the way I interact with others, both internal and external to the City organization. The goal would be to deal tactfully with others in order to minimize any potential conflict. Page 3 August 25, 1997 d. ~ommunic~atio~»itlLCit_~CQUncil - I pledge to work with the Mayor, the Chair of the Administrative Committee and individual Council Members to identify specific strategies to improve the various ~" ways in which I the Administration communicates information to City Council. It has been a source of extreme personal frustration that I have been unable to improve in this area. I am willing to review with Council any additional specific strategies that you might suggest to make dramatic improvement in this performance dimension. III. PrQnoserl~rJ~alzgES_tQ~l~e_ErrtplQy_rzte~t_Co~tr~c1 a. A one-year agreement, effective September 1, 1997; b. Elimination of Sect-ion ...; c. Change S~tion 2. D. and Sec ion .. so that dates are consistent with (a.) above. d. S~ctios~4: increase salary from $88,480 to $90,250, a raise of approximately 2%. Include language regarding the temporary housing provision and eliminate language about a performance bonus. (Ex~~~xr~ rxv~~l CURRENT CONTRACT) FNIl'~OYMFNT ~ONTi~ACT The City Council of Dublin, Ohio, hereinafter called "COUNCIL," hereby agrees to continue the employment of Timothy C. Hansley, hereinafter called "EMPLOYEE," as City Manager of Dublin to perforn~ tl~e functions and duties of the City Manager set forth in the Dublin Charter and the Dublin Codified Ordinances and to perform such other duties and functions as the COUNCIL shall from time to time direct or assign. EMPLOYEE agrees to accept such employment under the terms and conditions hereinafter set forth. S~:~TTON 2 ~$~ 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 June 30, 1497, and neither to seek, to accept, nor to become employed by any other employer until said date, unless said termination by COUNCII. 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 June 30, 1997, this Agreement shall be extended on for an additional one (1) year period, commencing July 1, 1997, on the same terms and conditions as herein provided. This Agreement shall continue thereafter for one-year periods unless ninety (90) days written notice is given prior to time of expiration. 1 ~S~TL N 3. T~3MTY~ITTSLAND S~v~~.ANC~ PAY A. In the event EMPLOYEE is terminated by the COUNCII. prior to June 30, 1997, 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 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 June 30, 1997, EMPLOYEE shall give the City three (3) months notice in advance of such ~.. resignation; however, such notice period may be modified by mutual agreement of the parties. COUNCIL agrees to pay the EMPLOYEE for his services rendered pursuant hereto an annual base salary of $86,320 effective January 1, 1996 through December 31, 1996, and an annual base salary of $88,480 effective January 1, 1997 through June 30, 1997. The salary of EMPLOYEE sha]1 be payable in installments at the same time as other employees of the City are paid. Based on the recently completed performance evaluation, COUNCIL agrees to award EMPLOYEE a performance bonus of S ~ of the 1995 base salary, upon execution of this Agreement. In addition, .COUNCIL agrees to continue to undertake a formal performance evaluation of the EMPLOYEE, prior to the expiration of each term as herein provided. The evaluation should be positive in nature and should be discussed with the EMPLOYEE so as to provide feedback and establish performance objectives. In the event such evaluation results in a rating of "extremely effective" or higher, EMPLOYEE may be considered for a bonus.' The award of any such bonus will be at the sole discretion of the COUNCIL. A. It is recognized the EMPLOYEE must devote a great deal of his time outside nor- 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 income producing activity without the express prior approval of the COUNCIL. 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 payin; for liability, property damage, and comprehensive insurance and for the purchase, operation, maintenance, repair, and regular replacement of said auiomobile. The EMPLOYEE shall have the option of a 5425.00 per month allowance in lieu of this provision. SECTION 7 1?CTF~S r1ND S~TIl~S .RTI'TIONS COUNCIL agrees to pay the dues aril subscriptions of EMPLOYEE necessary for his continuation and full participation in national, regional, state, and local associations and organi- nations necessary and desirable for his continued professional participation, growth, and advance- mcnt, and for t}~c good of tl~c City.