Resolution 01-21RECORD OF RESOLUTIONS
BARRETT BROTHERS - DAYTON, OHIO Form 6301
Resolution No. 01-21 Passed
A RESOLUTION REAPPOINTING THE CURRENT CITY
MANAGER AND AUTHORIZING THE EXECUTION OF AN
ADDENDUM TO THE ASSOCIATED EMPLOYMENT
AGREEMENT WITH THE CITY MANAGER
WHEREAS, during his Annual Evaluation in February 2019, Dublin City Manager
Dana L. McDaniel expressed his intent to retire from the City of Dublin; and
WHEREAS, Dublin City Council and City Manager McDaniel have discussed
succession planning that will result in a smooth transition of role of City Manager
to a new City Manager; and
WHEREAS, the City is challenged with the current State of Emergency due to a
pandemic and pending economic concerns; and
WHEREAS, Dublin City Council desires to retain City Manager McDaniel post
retirement to assist City Council by: maintaining continuity of government and
providing consistent assistance to Council and leadership to staff through the
response and recovery from the current State of Emergency as a result of the
pandemic and economic crises; overseeing the implementation of succession
efforts and organizational changes and keeping Council informed as to the status
and progress; ensuring implementation of key projects, which will set the
conditions for the next City Manager; and being available to support the transition
to a new City Manager; and
WHEREAS, City Council desires to execute a well -conceived and thorough search
and ,selection process for the next City Manager; and
WHEREAS, City Manager McDaniel has expressed an intent to retire from Public
Serviice on January 29, 2021, and has expressed a willingness to be re-employed
by the City of Dublin for a period of two years; and
WHEREAS, City Council desires to retain the services of Dana L. McDaniel in
order to continue providing critical leadership to the City while imparting his many
yearSof experience and knowledge to other key leaders throughout the
organization; and
WHEREAS, Council is in agreement with the terms of the Addendum to the
current Employment Agreement between the City and City Manager McDaniel
attached hereto as Exhibit "A" and desires to re-employ Dana L. McDaniel as the
City Manager post his retirement.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State
of Ohio, of its elected members concurring, that:
Section 1. Dana L. McDaniel is hereby reappointed as City Manager effective
February 1, 2021 post his retirement from the same position effective January 29,
2021 with a subsequent termination date as outlined in the Addendum referenced
in Sei�tion 2 of this Resolution and as attached hereto as Exhibit "A."
Sectiio=. Council hereby authorizes the Mayor, on behalf of Council, to execute
and E.inter into an Addendum to the current Employment Agreement with Mr.
McDaniel, a copy of which is attached hereto as Exhibit "A." The current
Employment Agreement is also attached hereto as Exhibit "B."
RECORD OF RESOLUTIONS
BARRETT BROTHERS - DAYTON, OHIO
Resolution No. 01-21 Passed Page 2 of 2
Secition 3. This Resolution is in the best interest of the City during these volatile,
ambiguous, complex and uncertain times and will afford City Council the best
opportunity to identify a successor who will carry forward the best traditions of
the City of Dublin while ensuring the public peace, health, safety, and welfare.
Sed. -ion 4. This Resolution shall take effect upon passage in accordance with
Section 4.04(a) of the Revised Charter.
Passed this day of V , 2021.
Mayor — Presiding Officer
ATTE=ST:
Clerk: of Council-
Form 6301
City Council
City of Dublin Phonne: 614.410Emerald 4400 Parkway F x: 6114.O4 0 4490 1090 Mem o
To: Members of Dublin City Council
From: Cathy De Rosa, Vice Mayor (Chair of the Administrative Committee)
Date: December 29, 2020
Re: Resolution 01-21 Reappointing the Current City Manager and Authorizing the
Execution of an Addendum to the Associated Employment Agreement with the
City Manager.
Discussion
In my capacity as Chair of the Administrative Committee, I am bringing forth the following
discussion regarding the City Manager position. As Council is aware, City Council has been in
discussions with City Manager, Dana McDaniel, regarding succession planning for the position of
City Manager and City staff since February of 2019. During his evaluation discussion, at that time,
Dana advised City Council of his intent to retire at a date to be determined. Later that same year,
Dana provided us his thoughts regarding a succession plan. As you know, this has resulted in
some organizational changes, as reflected in the 2020 and 2021 Operating Budgets. Key to this
plan was the establishment of the Deputy City Manager/Chief Finance and Development Officer
position, the Deputy City Manager/Chief Operating Officer position, and the Assistant City
Manager/Chief Innovation and Strategy Officer position along with the alignment of the
organization with these key positions. Council considers these positions, along with the existing
Chief of Police position, to be developmental to the role of City Manager. Likewise, the
Department/Division Heads aligned to these positions are similarly developmental to those
positions. Of course, selection for Dana's replacement will be competitive and will consider both
external and internal candidates. Since we began our planning for this eventuality, much has
happened, to include a global pandemic and an economic crisis, but one thing has been certain -
we were not in a rush for Dana's retirement and Dana has been very willing to work with us on the
transition of the City Manager position, even during this time of National, State, and Local crises.
Our focus as City Council is to retain Dana over a two-year period to achieve the following:
1. Maintain continuity of government and provide consistent leadership to staff through the
pandemic and economic crises.
2. Oversee the implementation of the Succession Plan and organizational changes and keep
Council informed as to the status and progress.
3. Ensure implementation of key projects (i.e. capital projects and planning, economic
development opportunities in the pipeline, 2035 Framework Plan, Most Connected City goal, etc.),
which will set the conditions for the next City Manager.
4. Be available to support the transition to a new City Manager (3rd -4th Quarter 2022).
The Proposed Resolution
The recommended Resolution provided for your consideration, if approved, reappoints Dana as the
City Manager, post his retirement, and provides an addendum to Dana's existing agreement with
City Council. Key points of this addendum include:
Memo re. Reappointing the Current City Manager and Authorizing the Execution of an Addendum to the
Associated Employment Agreement with the City Manager
December 29, 2020
Page 2 of 2
1. Dana will retire effective January 29, 2021 and be rehired by City Council effective February
1, 2021.
2. Dana will continue to serve as Dublin City Manager and will serve at the pleasure of City
Council through February 1, 2023, unless extended by mutual agreement in 90 -day increments or
as may be terminated by City Council in accordance with the existing Agreement and/or
Addendum.
3. Dana's current annual salary will be reduced by 10% and he is waiving any pay increases
and longevity pay going forward.
4. Dana will be paid for any leave balances per City policy when he retires and will start new
with any vacation/sick leave accruals, as per City policy.
5. Dana will continue to receive health care and workers compensation benefits as provided
other City employees.
6. This Addendum does not preclude any benefit that may be due Dana per the Ohio Public
Employees Retirement System and the Ohio Revised Code.
Recommendation
As City Council remains confident in Dana's leadership ability and performance, I recommend
approval of Resolution 01-21. His continuing commitment to the City in providing day-to-day
leadership to staff and support to City Council during the current crises and our transition to a new
City Manager is deeply appreciated.
Enclosure — Resolution 01-21 w/Exhibits
EMPLOYMENT AGREEMENT — ADDENDUM
This is an Addendum (this "Addendum") to the Employment Agreement dated January 5,
2015, (the "Agreement") by and between Dana McDaniel ("McDaniel") and the City of Dublin,
Ohio, ("Dublin") an Ohio municipal corporation. All capitalized terms used, but not otherwise
defined in this Addendum shall have the meanings ascribed to such terms in the Agreement.
Except as otherwise provided in this Addendum, all other terms and conditions of the Agreement
shall remain in full force and effect.
RECITALS
WHEREAS, the parties previously entered into the Agreement for McDaniel's
employment as the City Manager of Dublin; and
WHEREAS, McDaniel and Dublin mutually agree to the retirement and immediate
reappointment of McDaniel to employment with Dublin; and
WHEREAS, Dublin and McDaniel have reached an amicable agreement regarding
McDaniel's retirement from and subsequent immediate reappointment to Dublin's employ, and
while they do not believe that any claims exist between them, they wish to enter into this
Addendum to memorialize their understanding and to further define the obligations that the parties
have to one another.
NOW THEREFORE, in consideration of their mutual promises, McDaniel and Dublin
agree as follows:
Section 1. Retirement and Reemployment of McDaniel.
A. McDaniel shall retire as City Manager of the City of Dublin on January 29, 2021,
effectively ceasing employment with Dublin.
B. Subsequently, Dublin shall rehire McDaniel as the City Manager of Dublin effective
February 1, 2021, and such employment will continue until February 1, 2023, or until
relieved of duty by Dublin as more fully set forth in Section 3.A. and 3.B. of the existing
Employment Agreement,. This date may be extended by mutual agreement of the City
Council and McDaniel for ninety -day increments. Both parties agree that the city manager
retirement notice required in Section 2.B. of the existing Employment Agreement has been
satisfied.
C. Nothing in this Addendum alters the fact that McDaniel serves at the pleasure of City
Council.
D. McDaniel agrees to provide the Dublin City Council quarterly updates on succession
management activities, including but not limited to, updates regarding potential internal
and external candidates for positions, beginning in March 2021.
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E. McDaniel agrees to cooperate with any successor City Manager for the City of Dublin
during any period of re-employment and for a period of one year from the date of
McDaniel's final retirement date on an as needed and as available basis.
Section 2. Compensation.
A. McDaniel's salary shall remain the same from February 1, 2021, and through March 31,
2021, in the annual amount of $216,382.40.
B. Notwithstanding Section 3(D) of the Agreement, on April 1, 2021, McDaniel's annual
salary will be reduced by 10%, to the amount of $194,744.20.
C. McDaniel will not be entitled to any future annual increases of his salary and will not be
entitled to longevity pay.
Section 3. Benefits.
A. McDaniel and any dependents enrolled as of the Effective Date of this Addendum will
remain covered under the terms of the City's group medical, dental, and vision insurance
program through the earlier of February 28, 2023 or McDaniel's termination of
employment from Dublin.
B. On January 29, 2021, McDaniel shall be paid his accrued but unused vacation and sick
time as of January 29, 2021, in a cash payment, in accordance with City policy.
C. As of February 1, 2021, McDaniel shall begin a new accrual period of both vacation and
sick leave with full prior service credit.
D. McDaniel shall not be permitted to convert accrued but unused sick time into a cash
payment upon termination of reemployment.
E. McDaniel shall be permitted to carry-over accrued but unused Personal Time remaining
from pre -retirement; however, McDaniel shall not be permitted to convert accrued but
unused Personal Time into a cash payment upon termination of employment.
F. Upon his termination of employment, McDaniel shall be paid accrued but unused vacation
time earned from February 1, 2021 to February 1, 2023 in a cash payment.
G. McDaniel shall not be entitled to any severance pay in connection with his agreement to
end his employment on February 1, 2023.
Section 4. Release of Claims
A. Other than those obligations arising under the new employment period and Addendum,
McDaniel fully and completely releases Dublin (as defined above) from any and all claims,
liabilities, promises, agreements, lawsuits (including claims for attorneys' fees, costs, back
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pay, front pay, or punitive and compensatory damages), and from any claim of any nature
whatsoever, including those asserting individual liability, which has been or could have
been asserted by his or on his behalf in any forum for circumstances arising prior to the
date of this Addendum, and from all liability whatsoever whether now known or unknown.
This release also includes without limitation any and all claims of race, color, gender,
national origin, ancestry, religion, disability, age or other discrimination, retaliation, or
harassment under the Ohio Civil Rights Act, Chapter 4112 of the Ohio Revised Code
("ORC"), Section 4113.52 of the ORC (the "Whistleblower" Act), any similar or related
statutes of any other state, Title VII of the Civil Rights Act, 42 USC Section 2000e (and
sections following), the Employee Retirement Income Security Act, 29 USC Section 1001
(and sections following), the Reconstruction Era Civil Rights Act, 42 USC Section 1981
(and sections following), the Age Discrimination in Employment Act, 29 USC Section 621
(and sections following), the Americans with Disabilities Act, 29 USC Section 12101 (and
sections following), the Family and Medical Leave Act, 29 USC Section 2601 (and sections
following), the Worker Adjustment and Retraining Notification Act, 29 USC Section 2100
(and sections following), the Families First Coronavirus Response Act, and any related
statutes of Ohio, or any other state. This release also includes claims based on a theory of
breach of contract, promissory estoppel, wrongful termination, public policy, loss of
consortium, or any other tort, whether such claims are known or unknown, which
McDaniel now has, claims to have, or could have against Dublin for circumstances arising
out of or connected with McDaniel's employment with Dublin, the separation of
McDaniel's employment with Dublin, or any other event or circumstance between
McDaniel and Dublin occurring prior to the Effective Date for this Addendum.
In addition, McDaniel agrees not to institute any lawsuit, claim, administrative action or
other similar process against Dublin for events occurring prior to the date of this
Addendum, except that nothing in this Addendum shall be construed to prevent McDaniel
from filing or fully participating in a charge or complaint filed with the EEOC, the OCRC,
or any other, similar federal, state, or local agency dealing with employee rights. However,
by signing this Addendum, McDaniel waives his right to recover any damages or other
relief from Dublin in any claim or suit brought by or through any federal, state or local
agency, or anyone else representing or purporting to represent McDaniel's interests.
Nothing in this Addendum affects McDaniel's eligibility for any pension or retirement
benefits that McDaniel may be entitled to as result of his retirement and reappointment
with Dublin.
B. Notwithstanding the foregoing obligations and restrictions, nothing in this Addendum shall
prohibit or restrict, or is intended to prohibit or restrict, McDaniel from making any
disclosure of information to the EEOC, the OCRC, or corresponding or similar state or
federal agency or as otherwise required by law, court order, or subpoena.
C. McDaniel hereby acknowledges and agrees that he is not entitled to any other
compensation or benefits of any kind or description from Dublin, including, but not limited
to, salary, reimbursement, vacation, sick pay, salary continuation, any incentive bonuses,
advance payments, or vehicle allowance payments other than as set forth herein in Section
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2 and 3.
D. Consistent with the Older Workers' Benefits Protection Act and the Age Discrimination in
Employment Act, 29 U.S.C. §§ 621-634, McDaniel also acknowledges and recites that:
a. The release contained in Section 5, above, includes claims for age discrimination
under the Age Discrimination in Employment Act, 29 U.S.C. §621.
b. By executing this Addendum, McDaniel is not waiving any rights or claims that
may arise after the date that this Addendum is executed.
c. The benefits referenced in Section 5, above, are not benefits that McDaniel would
be entitled to but for McDaniel's Addendum to the terms of this Addendum.
d. McDaniel agrees that he has been advised (and this provision constitutes such
written advice) to consult with an attorney prior to signing this Addendum.
e. McDaniel has 21 days to consider this Addendum.
f For a period of seven days following McDaniel's execution of this Addendum, he
may revoke this Addendum by providing notice of such revocation to Dublin. Such
notice shall be in writing and shall be delivered to:
Jennifer D. Readler
Law Director City of Dublin, Ohio
Frost Brown Todd LLC
10 W. Broad Street, Suite 2300
Columbus, Ohio 43215
jreadler@tbtlaw.com
g. This Addendum will not become effective or enforceable until 7 days following
McDaniel's execution of this Addendum.
E. McDaniel understands that he will not be entitled to receive the benefits set forth in
Sections 2 and 3 until the seven-day revocation period set forth above has passed without
McDaniel having revoked this Addendum. If McDaniel has not revoked this Addendum,
then the Effective Date of the Addendum shall be the eighth (8"') day after McDaniel
executes it ("Effective Date").
Section 5. Miscellaneous
A. McDaniel understands that under this Addendum that he remains subject to all policies,
procedures, Code Provisions, and Charter provisions in effect at the City of Dublin.
B. This Addendum shall be governed by the law of the State of Ohio, without giving effect to
the principles of conflicts of law. It may be enforced in the courts of the State of Ohio.
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C. This Addendum may be executed in counterparts, each of which shall be deemed an
original but all of which shall constitute one and the same instrument.
D. This Addendum shall be binding upon and inure to the benefit of the parties hereto and
their respective successors and assigns; provided, however, McDaniel may not assign,
delegate or subcontract his rights or obligations under this Addendum except with the prior
written consent of Dublin.
E. In the event that either party to this Addendum breaches any promise made in this
Addendum, and the other party successfully defends or pursues any charge, suit, complaint,
claim or grievance to a final non -appealed or appealable level of resolution as a result
thereof, the breaching party shall be liable to the non -breaching party for all damages,
attorney's fees, expenses and costs (including discovery costs) incurred by it in defending
or pursuing the same. This provision does not apply to any alleged challenge to the validity
of an ADEA waiver herein.
F. In the event that any provision of this Addendum is found, by any court or governmental
agency, to be unlawful or unenforceable, Dublin has the right to require both parties to
continue complying with the remaining provisions of this Addendum or to declare the
Addendum void. In the event Dublin declares this Addendum to be void, no party hereto
shall have any rights or obligations hereunder.
G. The headings, if any, in this Addendum are included for convenience of reference only and
shall not affect the interpretation of this Addendum.
H. It is the intent of the parties that the provisions of this Addendum be enforced to the fullest
extent permitted by law. With the exception of Section 5, above, in case any provision of
this Addendum shall be declared by a court of competent jurisdiction to be invalid, illegal
or unenforceable as written, the parties agree that the court shall modify and reform such
provision to permit enforcement to the greatest extent permitted by law. In addition, with
the exception of Section 5, above, if any provision of this Addendum shall be declared
invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining
provisions of this Addendum shall in no way be affected or impaired thereby. In case
Section 5 of this Addendum shall be declared invalid, illegal, or unenforceable, this
Addendum will therefore become invalid and unenforceable against either party.
L The parties agree that the prevailing party in any action brought to enforce this Addendum
will be entitled to recover reasonable attorneys' fees, costs, and expenses, in addition to
any damages awarded.
J. McDaniel states and admits that in executing this Addendum, he does not rely, and has not
relied, upon any other representation or statement made by Dublin, or by any of its agents,
representatives or attorneys, with regard to this Addendum.
BY SIGNING THIS ADDENDUM, MCDANIEL HAS WAIVED ALL CLAIMS AGAINST
THE CITY OF DUBLIN (INCLUDING WITHOUT LIMITATION ITS ELECTED AND
APPOINTED OFFICIALS AND ITS EMPLOYEES OR OTHER AGENTS), INCLUDING
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ALL CLAIMS FOR LOST WAGES, BENEFITS, COMPENSATORY DAMAGES, OR
PAYMENT OF ATTORNEYS' FEES. MCDANIEL CERTIFIES THAT HE IS
ENTERING INTO THIS ADDENDUM KNOWINGLY, VOLUNTARILY, AND AFTER
HAVING THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY AND REVIEW
THIS DOCUMENT IN ITS ENTIRETY.
IN WITNESS WHEREOF, the City of Dublin has caused this Addendum to be signed and
executed in its behalf by its Mayor and duly attested by its Clerk of Council, and McDaniel has
signed and executed this Addendum, the day and year first written above.
CITY OF DUBLIN, OHIO
By:
Mayor
ATTEST:
DANA MCDANIEL
APPROVED AS TO FORM
Clerk of Council Jennifer D. Readler
Law Director
City of Dublin, Ohio
FISCAL OFFICER'S CERTIFICATE
The undersigned, Director of Finance of the City of Dublin, Ohio under the foregoing Agreement,
certifies hereby that the moneys required to meet the obligations of the City under the foregoing
Agreement have been appropriated lawfully for that purpose, and are in the Treasury of the City or in
the process of collection to the credit of an appropriate fund, free from any previous encumbrances.
This Certificate is given in compliance with Sections 5705.41 and 5705.44, Ohio Revised Code.
Dated:
4838-2019-989043
G
Matt Stiffler
Director of Finance
City of Dublin, Ohio
AFroS
wkFodd1,1.(;
dd
ATTORNEYS
To: Members of Council
From: Stephen J. Smith, Law Director
Jennifer D. Readler, Assistant Law Director
Date: December 31, 2014
Re: Ordinance No. 01-15 - Appointing a New City Manager and Authorizing Execution of an
Employment Agreement
Summary
Pursuant to Council's direction, attached for your consideration is Ordinance No. 01-15,
authorizing the appointment of Dana L. McDaniel as the City of Dublin's new City Manager and
authorizing execution of an Employment Agreement with Mr. McDaniel. The Agreement
reflects the salary and benefits package as agreed upon by Council. Please note that the
Agreement reflects Mr. McDaniel's start date as January 31, 2015, and, therefore, Ordinance No.
01-15 has been drafted as emergency legislation.
Recommendation
Staff recommends Council dispense with the public hearing and adopt Ordinance 01-15 by
emergency at the January 5, 2015 Council meeting. If you have any questions, please contact
Jennifer Readler at 559-7253.
Daptoo Leal Blank, Inc.
RECORD OF ORDINANCES jNANCE-0PJGINA'
Form No. 30633
Ordinance No. ®1-15 — ._ I —20
AN ORDRHG\NCCE AP[POOIIM79MG A PA[Eb"d CCH7V
MANAGER, AU7H8RRY-EHG THE M ECCMTEOK OF aH
EMPLOYNECI4 AGREEMENT VdRTH THE CCRTV
MANAGER, ACID DECCLARRVIG API EHERGEMCCV.
C"SHEREAS, in a Special Meeting held on December 7, 2014, Council agreed
upon the selection of Dana L. McDaniel as the new City Manager and
authorized staff to prepare, on Council's behalf, an employment agreement
with Mr. McDaniel; and
WHEREAS, Council is in agreement with the terms of an Employment
Agreement and desires to enter into a contract with Mr. McDaniel.
NOW, THEREFORE, BE TT ORDAU112D by the Council of the City of
Dublin, State of Ohio, -q— of the elected members concurring, that:
Section 1. Dana L. McDaniel is hereby appointed as City Manager of the
City of Dublin.
Section 2. Council hereby authorizes the Mayor, on behalf of Council, to
execute and enter into an Employment Agreement with Mr. McDaniel, a copy
of which is attached as Exhibit "A."
Section 3. This ordinance is declared to be an emergency measure
necessary for the immediate preservation of the public peace, health, safety
and welfare, in that it is in the best interest of the City of Dublin and its
citizens to appoint Mr. McDaniel as the new City Manager immediately
following the retirement of the current City Manager. This ordinance shall,
therefore, take effect and be in force immediately upon passage.
Passed this,r� day of , 2015.
Mayor — Presiding Officer
ATTEST:
Clerk of Council
FINANCE-UKIWWAL
Exhibit "A"
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into this
day of January, 2015, by and between the City of Dublin, Ohio, an Ohio
municipal corporation, hereinafter called "City," and Dana L. McDaniel, hereinafter called
"City Manager."
WITNESSETH
WHEREAS, the City desires to employ the services of Dana L. McDaniel as City
Manager of the City of Dublin, as provided for in Article V of the Revised Charter of the
City of Dublin ("Revised Charter"); and
WHEREAS, it is the desire of the City Council of the City of Dublin to provide certain
benefits and to establish certain conditions of employment of said employee as set forth
in this Employment Agreement; and
WHEREAS, Dana L. McDaniel desires to accept employment as City Manager of
Dublin, Ohio pursuant to the terms and conditions set forth in this Employment
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
Section 1. Powers and Duties of the City Manager.
A. The City hereby agrees to employ Dana L. McDaniel as City Manager of the City of
Dublin to perform the functions and duties specified in the Revised Charter, and to
perform such other legally permissible and proper duties and functions as the City Council
shall from time to time assign, subject to this Agreement.
B. Pursuant to Section 3.03 of the Revised Charter, neither the City Council nor any
of its members shall direct or demand the appointment of any person to, or removal from
office by the City Manager or any of the City Manager's subordinates, or in any manner
take part in the appointment or removal of officers and employees in the service of the
City, except where expressly provided for by the Revised Charter or state law.
Section 2. Term of Agreement.
A. The City Manager shall serve at the pleasure of the City Council and his initial date
of employment will be January 31, 2015.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the City Manager to resign or retire at any time from his position with the City.
However, the City Manager agrees to provide thirty (30) days' notice of his resignation
and such resignation shall forfeit any right of severance, except as provided for in Section
3.D. of this Agreement. In the event the City Manager decides to retire from City service,
the City Manager agrees to provide City Council with a minimum of nine (9) months of
advanced notice of such retirement and such retirement shall forfeit any right of
severance, except as provided for in Section 3. D. of this Agreement.
C. The City Manager agrees to remain in the exclusive employ of the City of Dublin
while employed by the City of Dublin. The term "employed" however, shall not be
construed to include occasional teaching, writing, speaking or consulting performed on
the City Manager's time off, even if outside compensation is provided for such services.
Said activities are expressly allowed, provided that in no case is any activity allowed which
would present a conflict of interest with the City of Dublin. De minimis use of City
equipment for such purposes is hereby authorized.
D. The City Manager shall maintain residency within the City of Dublin throughout his
tenure as City Manager.
Section 3. Termination and Severance Pay.
A. In the event the City Manager is terminated by the City Council and in the absence
of a criminal act, then in that event the City shall pay the City Manager a lump sum cash
payment equal to nine (9) months of his base annual salary. The City Manager shall also
be compensated for earned sick leave, vacation, holidays, and other accrued benefits to
date, in accordance with the regulations in place for all non-union management
employees of the City, calculated at the rate of pay in effect upon termination.
B. In the event the City Manager is terminated by the City Council, all health, dental,
and vision insurance and all other City provided benefits shall continue in full force and
coverage, at City expense, for a period of nine (9) months or until other coverage is
provided to the City Manager by a subsequent employer or OPERS (and is in full force
and effect), whichever comes first. Said continuation of group health insurance coverage
shall be in addition to any protection afforded the City Manager by the Consolidated
Omnibus Budget Reconciliation Act of 1985 (COBRA). Coverage under COBRA shall begin
on the date all coverage extended under the severance provisions herein expires.
C. In the event the City Manager is terminated by the City Council, the City shall
reimburse the City Manager for outplacement services in an amount up to $2,000 to assist
in providing for various job search expenses to be incurred by the City Manager.
D. In the event the City Council at any time reduces the salary, compensation or
other benefits of the City Manager in a greater amount than an applicable across-the-
board reduction for all employees of the City, or in the event the City Council fails to
comply with any other provision of this Employment Agreement, or if the City Manager
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resigns following a suggestion by a majority of the Council, then, in that event, the City
Manager may, at his option, be deemed to be "terminated" at the date of such reduction,
such refusal to comply, or such resignation within the meaning and context of the herein
severance pay provision, then, in that event, the City Manager may, at his option, be
deemed to be terminated, as provided herein.
E. In the event the City Manager is terminated because of his conviction of any illegal
act involving personal gain to himself or criminal activity (excluding traffic -related
offenses), then, in that event, the City shall have no obligation to pay the aggregate
severance sum designated herein.
F. For purposes of complying with Section 3 of this Agreement, appropriations held
as an unencumbered fund balance in the General Fund or account of the City shall be
deemed to be available and authorized for transfer to the appropriate salary and benefit
expenditure accounts to insure fulfillment of this provision of the Employment Agreement.
G. Resignation or retirement by the City Manager forfeits any rights of severance
under this Agreement, except as provided for in Section 3.D. of this Agreement, and for
such rights as would be provided to any city employee upon resignation pursuant to the
personnel policies and regulations.
H. Contemporaneously with the delivery of the severance pay set forth in this
Agreement, the City Manager shall execute and deliver to the City a release, releasing
the City of all claims that the City Manager may have against the City.
Section 4. Salary.
The City agrees to pay the City Manager for his services rendered pursuant hereto as City
Manager an annual base salary of One Hundred Ninety Six Thousand Dollars and No
Cents ($196,000.00) payable in installments at the same time as other employees of the
City are paid.
Section S. Retirement Benefits.
The City Manager shall be covered and governed by the Ohio Public Employees
Retirement System, with the City contributing its required percentage of base salary. The
City Manager's share of the retirement contributions shall be paid by the City Manager.
Calculations for retirement contributions shall include all compensation normally
reportable to OPERS.
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Section 6. Insurance Coverage.
A. The City Manager shall be covered by the same health, dental, vision, and disability
plans, including the Family Medical Leave Act and worker's compensation benefits, as all
other non-union employees.
B. The City agrees to purchase and pay the required premiums for a group term life
insurance policy, providing coverage equal in amount to that approved for all other non-
union employees of the City, with the beneficiary to be designated by the City Manager.
Section 7. Other Benefits.
All provisions of the Revised Charter, and rules and regulations of the City relating to
fringe benefits and working conditions as they now exist or hereafter may be amended,
shall apply to the City Manager as they would to all other non-union employees of the
City. All benefits which vary according to tenure shall be calculated and granted in
accordance with City provisions.
Section 8. Hours of Work.
It is recognized that the City Manager must devote a great deal of time outside normal
office hours to the business of the City, and to that end the City Manager will be allowed
to take compensatory time off as he shall deem appropriate during said normal office
hours.
Section 9. Professional Development.
The City agrees to budget for and to pay the professional dues, subscriptions, and travel
and subsistence expenses of the City Manager for professional participation and travel,
meetings and occasions adequate to continue his professional development. Said
participation on City time shall include, but not to be limited to the International
City/County Management Association, the Ohio Municipal League, and such other
national, regional, state and local governmental organizations and committees thereof
which the City Manager serves as a member and/or participates, and which said
membership or participation is beneficial to the City, as well as associated courses,
institutes, conferences and seminars which benefit the City. The City agrees to reimburse
the City Manager's expense of other memberships, registration, travel, meals or lodging
in association with business-related conferences, education or other meetings, according
to approved accounts in each annual budget. The City Manager shall obtain approval in
advance from Council for any overseas travel.
Section 10. General Expenses.
A. The City shall provide a City -owned cell phone/PDA and laptop computer for
business use of the City Manager, subject to applicable rate plans or ceilings as contracted
by the City.
B. The City shall bear the full cost of any fidelity or other bonds required of the City
Manager under any law or ordinance.
C. The City agrees to pay or reimburse all other reasonable job-related expenses up
to the maximum provided for in the annual City operating budget and subject to the
requirement that all such claims for payment or reimbursement be submitted on forms
and/or in a manner subject to the review and approval of the Director of Finance.
Section 11. Performance Evaluation.
Within the first one hundred twenty (120) days of the City Manager's employment with
the City, City Council will meet with him in order to discuss and adopt a performance plan
of priorities and development goals for the City Manager during the first twelve (12)
months of employment. The City Manager's salary will be subject to review and merit
consideration at the annual anniversary date of his hire. In conjunction with the annual
performance review, City Council and the City Manager will discuss and update the City
Manager's annual performance plan and annual compensation. The City Council shall
increase base salary and/or other benefits of the City Manager at the time of his review,
in such amounts and to such extent as the City Council may determine that it is desirable
to do so, at its sole discretion, in light of performance by the City Manager. Merit
increases based on annual performance evaluations and salary reviews are exclusive of
any general cost -of -living increases provided to other employees. The City Manager shall
receive all cost -of -living increases, if any, which the City may grant to its other employees,
at the same time and in the same manner said increases are granted to those employees.
Section 12. Indemnification.
The City shall defend, indemnify and hold the City Manager harmless from and against
any and all torts, claims, causes of action, demands, costs, expenses or other legal action,
including all attorneys' fees, whether groundless or otherwise, arising out of any alleged
act or omission occurring during or arising out of the City Manager's performance of
duties as City Manager. The City shall have the right to compromise and settle any such
claim or suit and shall pay the amount of any settlement or judgment rendered thereon.
Said indemnification shall extend beyond the City Manager's termination of employment,
and the otherwise expiration of this Agreement, to provide full and complete protection
to the City Manager by the City of Dublin, as described herein, for any acts undertaken
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or committed in his capacity as City Manager, regardless of whether the filing of a lawsuit
for such tort, claim, cause of action, demand, or other legal action occurs during or
following the City Manager's employment with the City.
Section 13. General Provisions.
A. The text herein shall constitute the entire Agreement between the parties.
B. This Agreement shall be binding upon and inure to the benefit of the heirs at law
and executors of the City Manager.
C. This Agreement shall become effective upon adoption and approval by the City
Council of the City of Dublin.
D. If any provision, or any portion thereof, contained in this Agreement is held
unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion
thereof, shall not be affected and shall remain in full force and effect.
IN WITNESS WHEREOF, the City of Dublin has caused this Agreement to be
signed and executed in its behalf by its Mayor and duly attested by its Clerk of Council,
and the City Manager has signed and executed this Agreement, the day and year first
written above.
CITY OF DUBLIN, OHIO
B.
ATTEST:
Clerk of Council
CITY MANAGER
APPROVED AS TO FORM
1
Law Director