Loading...
08-050CITY OF SHOREWOOD RESOLUTION NO. 08- 050 A RESOLUTION MAKING APPOINTMENT TO THE OFFICE OF CITY ADMINISTRATOR WHEREAS, the City of Shorewood has performed an executive search for filling of the position of City Administrator; and WHEREAS, the City Council in, cooperation with Springsted Incorporated, has thoroughly tested and investigated candidates for the position of City Administrator; and WHEREAS, said selection process has identified Mr. Brian Heck as the most meritous candidate. NOW, THEREFORE BE IT RESOLVED that Mr. Brian Heck be appointed to the position of City Administrator for the City of Shorewood. BE IT FINALLY RESOLVED that said appointment and employment shall be in accordance with the Employment Agreement, attached hereto as Exhibit A. ADOPTED by the City Council of the City of Shorewood this 23`d day of June, 2008. R F F • ®~„ _' ... o-+ a .Ai ' '~~ Christine Lizee, Mayor ATTEST: ~~, ~.~~m._ A. Brown, Acting City Administrator/Clerk EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT ("Agreement"~ is entered into as of the day of ,~a<~ , 2008 by and between the City of Shorewood, a Minnesota municipal corporation ("Employer" or "City"), and Brian Heck ("Employee"). The parties agree as follows: NATURE OF EMPLOYMENT/FULL TIME COMMITMENT. Employer agrees to employ Employee as its City Administrator. Employee's first day of employment as City Administrator is anticipated to be August 18, 2008, but may be modified by agreement of both parties. Employee agrees to serve as City Administrator in accordance with State statutes and City ordinances and policies and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign. Employee agrees to devote his full working time, attention and energies to the performance of his duties and, except as otherwise provided herein, he will not, during his employment by Employer, (a) engage in any activity which will have a materially adverse effect on Employer's goodwill or civic or business relationships, or which will result in material harm to Employer, or (b) provide services to any other governmental entity, agency, organization, person, firm, or corporation which, in Employer's opinion, will conflict with or detract from Employee's performance of his duties. Subject only to the notice provisions in paragraph 15, Employee is employed by Employer at will. 2. TERM. This Agreement shall remain in full force and effect from the date hereof until terminated by the Employer or Employee as provided in paragraphs 15 and 16 of this Agreement. 3. COMPENSATION. Employer shall pay Employee a salary of $89,520.00 per annum, payable in regular installments according to Employer's normal payroll practices and subject to appropriate withholdings. Except as otherwise provided herein, Employer will review Employee's compensation on an annual basis during the term of this Agreement, and the Agreement shall be amended automatically to reflect any salary adjustments that are provided or required by the Employer's compensation policies. 4. PERFORMANCE EVALUATION. Employer shall perform an initial review of Employee's performance no later than December 31, 2008. Contingent on Employee's satisfactory performance as determined at the sole discretion of Employer, Employee will receive a 3% increase in salary and a cost of living adjustment ("COLA") effective January 1, 2009, such COLA to be consistent with that provided to other full-time, non-union employees. Thereafter, Employer will perform performance evaluations of Employee in accordance with its practices and procedures for full-time, non-union employees. 5. PENSION PLAN. Employer shall contribute to PERA as required by State law for Employee or an alternate pension plan as authorized by State law, if selected by Employee. Employer shall also contribute to any other benefit plans consistent with the benefits provided to other full-time, non-union employees of the Employer. 5392868v1 City Administrator Employment Agreement Page 2 of 5 SICK LEAVE. Effective upon Employee's first day of employment, Employee shall be credited with forty (40) hours (five (5) days) of accrued sick leave. In addition, Employee shall accrue sick leave at a rate of one (1) day per month in accordance with the City's personnel policies. 7. VACATION. It is understood and agreed by the parties that, for purposes of vacation leave accrual alone, Employee will be deemed to have six (6) years of service. Pursuant to Employer's vacation policy, at such level of service, Employee is eligible to accrue vacation leave at the rate often (10) hours per month (up to a maximum of 120 hours or three (3) weeks per year). In order to provide Employee with an allotment of vacation hours at the outset of his employment, effective upon Employee's first day of employment, Employee shall be credited with eighty (80) hours (two (2) weeks) of accrued vacation leave from his maximum annual vacation leave accrual of 120 hours. Employee shall not begin accruing additional vacation leave until the period of time necessary to accrue 80 hours on a monthly accrual basis has passed - i.e. in the ninth month of his employment. Employee's use of vacation leave, the timing of accruals, and the amount of future accruals are to be in accordance with the City's personnel policies. 8. HOLIDAYS. Employer shall provide Employee the same paid holidays as enjoyed by other full-time, non-union employees. 9. GROUP INSURANCE. Employer shall provide Employee with certain benefits, which may include group health, dental, and life insurance benefits, as are provided to its full-time, non-union employees and on terms and conditions no less favorable as those provided to other comparable employees. Employee's eligibility to receive any benefit shall be determined by applicable eligibility requirements for such benefit and will be at the sole discretion of Employer. Nothing in this Agreement shall preclude Employer from terminating or amending any employee benefit consistent with applicable law. 10. DUES AND SUBSCRIPTIONS/PROFESSIONAL DEVELOPMENT. Within budgetary constraints and with prior authorization of Employer, Employer shall pay for dues, subscriptions, and related membership costs for Employee's membership in certain professional organizations in which participation is necessary and reasonable for the performance of his job duties, which may include, but not be limited to, the International CitylCounty Management Association and the Minnesota City Management Association. Employee may attend various conferences, meetings and occasions for such professional organizations as are approved in advance by Employer. Employee's reasonable travel and subsistence expenses related to approved professional development activities will be reimbursed by Employer in accordance with Employer's policies and procedures. Employee shall use good judgment in Employee's outside activities so Employee will not neglect his duties to the Employer, and Employer at all times retains discretion over such activities. 11. CIVIC CLUB MEMBERSHIP. Employer recognizes the desirability of representation in and before local civic and other organizations. Employee is authorized to become a member of such civic clubs or organizations as approved by Employer and at Employer's expense. 5392868v1 2 City Administrator Employment Agreement Page3of5 12. GENERAL EXPENSES/MILEAGE. Employer shall reimburse Employee for reasonable job-related expenses which it is anticipated Employee will incur from time to time, with appropriate documentation and in accordance with Employer's policies and procedures. Employer shall reimburse Employee for mileage for use of his personal vehicle for City business, in accordance with Internal Revenue Service regulations and Employer's policies and procedures. 13. HOURS OF WORK. Employee will generally be available during Employer's regular business hours. It is understood that the position of City Administrator requires attendance at evening and weekend meetings as necessary. In recognition of these work demands, the Employee shall be allowed to use reasonable flexibility in setting his office schedule. 14. OUTSIDE ACTIVITIES. The employment provided for by this Agreement shall be the Employee's sole employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to Employer and the community, the Employee may elect to accept limited teaching or consulting opportunities, subject to Employer's prior consent, with the understanding that such arrangements shall not constitute interference with or a conflict of interest with his responsibilities under this Agreement. 15. TERMINATION. Employee is an at-will employee; either he or Employer may terminate this Agreement and his employment at any time for any reason, subject only to Employee's agreement to provide Employer with thirty (30) days advance written notice and the severance payment provisions contained in paragraph 17 below. In accordance with the terms and conditions of Employer's policies and procedures, Employee will receive payment for the prescribed amount of accrued vacation and sick leave upon termination of his employment. 16. SEVERANCE BENEFITS. a. In the event Employer terminates Employee's employment for Cause, as defined below, or that Employee voluntarily terminates his employment, Employee's right to further compensation and benefits will end as of the effective date of the termination, except as otherwise provided by the terms of the benefit policy or applicable law, and Employer shall have no further obligation to compensate Employee. b. In the event that Employer terminates Employee's employment without Cause, Employee shall be entitled to severance in the form of salary continuation payment (at Employee's then current rate of pay) for a maximum of six (6) months from the date of termination ("Severance Period") and, should Employee timely elect continuation coverage of applicable Employer benefit plans, Employer shall continue to make its contribution toward group health and dental insurance premiums then in effect during the Severance Period, subject to the following: 5392868v1 3 City Administrator Employment Agreement Page4of5 i. Employee must sign and not rescind a waiver and release of claims provided by Employer. ii. Employer's obligation to make salary continuation and insurance contribution payments will cease effective the date Employee accepts comparable employment, it being understood and agreed that Employee will exercise his best efforts to secure comparable employment during the Severance Period. Employee agrees to immediately notify Employer upon his receipt of a bona fide offer of comparable employment. For purposes of this Agreement, comparable employment is defined as employment in a position of comparable responsibility, compensation, and benefits. c. Termination for Cause. Employer shall have the right to terminate Employee's employment at any time for "Cause" and Employer shall have no obligation to make the severance payments above. Whether Cause exists shall be within the sole discretion of the Employer, and for purposes of this Agreement shall mean that Employee has: i. Committed a material breach of this Agreement or Employer's policies; ii. Failed to substantially perform his duties, failed to carry out any lawful directive of Employer, or demonstrated incompetence or gross inefficiency in his position, as determined by Employer, and, to the extent Employer deems such deficiencies as curable, where such deficiencies are not cured or corrected by Employee within thirty (30) days of receipt of written notice from Employer; iii. Been convicted of or pleaded nolo contendere to any felony or any crime involving moral turpitude or an illegal act involving personal gain to Employee; or iv. Been guilty of gross negligence, willful misconduct, or immoral conduct affecting the performance of his duties, resulting in material harm to, or having a materially adverse effect on Employer. 17. GENERAL CONDITIONS OF EMPLOYMENT. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employer to terminate the services of Employee at any time, for any reason, subject only to the provisions of this Agreement and applicable law. Furthermore, nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from Employee's position with Employer, subject only to the provisions of this Agreement. 18. CHOICE OF LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 5392868v1 q, City Administrator Employment Agreement Page 5 of 5 19. ASSIGNMENT. Employee and Employer agree that this Agreement is a personal employment contract and the rights of the parties cannot be transferred. 20. COUNTERPARTS. This Agreement may be executed simultaneously in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 21. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the employment relationship between Employer and Employee. This Agreement supersedes all prior oral or written communications between the parties, replaces all prior agreements or understandings, and the parties agree that there were no inducements or representations leading to the execution of this Agreement except as herein contained. Employee states that he had adequate time to review this Agreement and understands its terms. 22. WAIVER. This Agreement may be waived only through a writing signed by the parties to this Agreement, The waiver by Employer or Employee of any breach of any term or condition of this Agreement shall not constitute the waiver of any other breach. 23. SEVERABILITY. Incase any one or more of the provisions of this Agreement shall be invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in this Agreement will not in any way be affected or impaired thereby. IN WITNESS WHEREOF, Employer has caused this Agreement to be signed and executed on its behalf by its Mayor and Employee has signed this Agreement, in duplicate, the day and year first written above. EMPLOYER: EMPLOYEE: BRIAN HECK ,~ ,_ .y ,'~ ,, e.~'-~'- ~ - •=~ rian Heck Dated: %~%%~`~~ __ ATT - T: ~ ~ `~- 5392868v1 5