Ordinance 001-15RECORD OF ORDINANCES
Lon Legal Blank. 9.e. Fmm No. 30043
Ordinance No. 01 -15 Passed _ _ 20
AN ORDINANCE APPOINTING A NEW CITY
MANAGER, AUTHORIZING THE EXECUTION OF AN
EMPLOYMENT AGREEMENT WITH THE CITY
MANAGER, AND DECLARING AN EMERGENCY.
WHEREAS, 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 IT ORDAINED 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.
Sect ion 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 thi day of 2015.
or — Presiding Officer
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Clerk of Council
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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.
Exhibit "A"
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT ("Agreement'l is made and entered into this
5& 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 3.13. 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.
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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
CITY MANAGER
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ATTEST:
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Clerk of Council
APPROVED AS TO FORM
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