Loading...
HomeMy WebLinkAboutResolution 8605 RESOLUTION NO. 8605 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING REVISIONS TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF MOUNDS VIEW AND JAMES ERICSON, CITY ADMINISTRATOR WHEREAS, the Mounds View City Council appointed James Ericson to serve in the capacity of City Administrator effective February 18, 2008; and, WHEREAS, on March 24, 2008, the terms of an Employment Agreement between the City and Mr. Ericson were approved by City Council Resolution 7229 and subsequently revised by City Council on April 22, 2013, via Resolution 8087; and, WHEREAS, in accordance with said Employment Agreement, the City Council and Mr. Ericson met in closed session on June 27, 2016, to conduct a performance evaluation; and, WHEREAS, as a result of said performance evaluation, the Mounds View City Council determined that Mr. Ericson is either meeting or exceeding expectations as the Mounds View City Administrator; and, WHEREAS, upon review of the Employment Agreement between the City and Mr. Ericson, both parties agreed that certain changes were desired. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Mounds View, that the employment agreement negotiated by and between the two parties is hereby approved and shall be executed by the respective parties and effective immediately. Adopted this 11th day of July, 2016. Joe Flaherty, Mayor ATTEST: Jououth. /(//tus-c,47, James Ericson, City Administrator (seal) EMPLOYMENT AGREEMENT THIS AGREEMENT,made and entered into this 11th day of July, 2016, by and between the CITY OF MOUNDS VIEW, a municipal corporation, hereinafter called the "CITY," and James Ericson,hereinafter called the"EMPLOYEE," WITNESSETH: WHEREAS, the CITY desires to continue to employ the services of said EMPLOYEE as City Administrator of the City of Mounds View, as provided by Chapter Six of the Mounds View City Charter; and, WHEREAS, it is the desire of the CITY'S governing body, hereinafter called "COUNCIL," to provide certain benefits, to establish certain conditions of employment, and to set working conditions of said EMPLOYEE; and, WHEREAS, the EMPLOYEE desires to retain employment with the CITY. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. Position. The CITY agrees to employ EMPLOYEE as its City Administrator. The EMPLOYEE agrees to serve as City Administrator in accordance with state statutes, city ordinances and the Mounds View City Charter and to perform such other legally permissible and proper duties and functions as the COUNCIL may from time to time assign. 2. Duration. EMPLOYEE'S effective date of employment as City Administrator for the City commenced on February 11, 2008. The term of this agreement shall continue until EMPLOYEE resigns his position or is terminated as provided herein. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the CITY to terminate the services of EMPLOYEE at any time, subject only to the provisions set forth in Section 18 of this agreement. 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 CITY, subject only to the provisions set forth in Section 17 of this agreement. 3. Duties. CITY hereby agrees to employ James Ericson as its City Administrator to perform the functions and duties specified in the Mounds View Municipal Code and the Mounds View City Charter and to perform other legally permissible and proper duties and functions as the COUNCIL may from time to time assign. Employment Agreement for James Ericson Revised July 1,2016 Page 1 of 5 4. Hours of Work. It is recognized that EMPLOYEE must devote a great deal of time outside of typical office hours to the business of the CITY, and to that end, EMPLOYEE will be allowed to adjust his schedule as he shall deem appropriate during said normal office hours. 5. Outside Activities. EMPLOYEE agrees, except as specifically authorized by the COUNCIL, to remain in the exclusive employ of the CITY for an indefinite period and not to become employed by any other employer until termination of his employment with the City as provided herein. At the consent of the COUNCIL, EMPLOYEE may occasionally be involved in teaching, writing, or consulting work which does not otherwise interfere with the EMPLOYEE'S ability to effectively discharge his assigned duties. EMPLOYEE may not utilize CITY equipment or technology for personal gain. 6. Performance Evaluation. The EMPLOYEE and the CITY agree that a performance review will be conducted on the EMPLOYEE annually. Said review shall be in accordance with specific criteria developed jointly by the CITY and the EMPLOYEE. Said criteria maybe added to or deleted from as the COUNCIL mayfrom time to time determine, in consultation with the EMPLOYEE. Further, the COUNCIL shall provide the EMPLOYEE with a summary written statement of the findings of the COUNCIL and provide an adequate opportunity for the EMPLOYEE to discuss his evaluation with the COUNCIL. Subject to the discretion of the EMPLOYEE otherwise, the evaluation shall be conducted in an executive session of the COUNCIL closed to the public. Annually, the COUNCIL and EMPLOYEE shall define such goals and performance objectives that they determine necessary for the proper operation of the CITY and for the attainment of the COUNCIL'S policy objectives and shall further establish a relative priority among those various goals and objectives to be reduced to writing. The goals and objectives shall generally be attainable within the time limitations specified and within the annual operating and capital budgets and appropriations provided. In effecting the provisions of this Section,the COUNCIL and EMPLOYEE mutually agree to abide by the provisions of applicable law. 7. Salary. Effective July 12, 2016, the CITY shall pay the EMPLOYEE a salary of$63.16 per hour. If the CITY provides a cost of living adjustment to non-union employees in subsequent years, the CITY shall provide the same cost of living adjustment to the EMPLOYEE. Further, the CITY may authorize a market rate wage adjustment subsequent to conducting a salary compensation study. 8. Vacation. EMPLOYEE shall accrue vacation in accordance with the rates specified in Section 3.40 of the CITY'S Personnel Manual, or as mutually agreed upon by the CITY and EMPLOYEE. EMPLOYEE shall be permitted to carry over vacation benefits in accordance with the relevant provisions of the CITY'S Personnel Manual. In the event, for reasons not under EMPLOYEE'S control, EMPLOYEE'S accrued vacation at the end of the year exceeds the established carry-over limitations established in the Personnel Manual, the COUNCIL, at the request of the EMPLOYEE, may waive the EMPLOYEE'S carry-over limitation in a given year for just cause, at its discretion. Employment Agreement for James Ericson Revised July 1,2016 Page 2 of 5 9. Sick Leave. EMPLOYEE shall accrue and use sick leave benefits in accordance with the relevant provisions of the CITY'S Personnel Manual in effect as of July 11, 2016, or as mutually agreed upon by the CITY and EMPLOYEE. 10. Health, Dental, Life and Disability Insurance. EMPLOYER shall provide the EMPLOYEE with the same monthly contribution toward group health, dental and supplemental life insurance as received by other non-union employees and approved by the COUNCIL. EMPLOYER shall provide EMPLOYEE the same dental, life and disability insurance benefits as provided to all other non-union employees. 11. Pension Plans. The CITY shall contribute to PERA as required and authorized by State law. 12. Supplemental Deferred Compensation. EMPLOYER will match the EMPLOYEE'S annual deferred compensation contribution up to $2,500. Contributions will be directed to the Minnesota State Deferred Compensation plan or ICMA Retirement Corporation at the EMPLOYEE'S choosing. 13. Expenses. EMPLOYEE shall be eligible for reimbursement of actual expenses incurred while conducting business on behalf of the CITY on the same basis as other employees of the CITY. If EMPLOYEE uses his own automobile for CITY business, the EMPLOYER shall reimburse EMPLOYEE on a per mile basis and at a rate equal to what EMPLOYER reimburses all other employees for business use of a personal automobile. 13.1. Cell Phone. At the discretion of the EMPLOYEE, the CITY shall either provide EMPLOYEE with a cell phone suitable to conduct appropriate business related communications or provide a stipend to EMPLOYEE to reimburse for the use of his own device in an amount not to exceed what the CITY would have otherwise spent on a monthly basis, and to reimburse EMPLOYEE for the upgrade cost of a new device every 16 months. 14. Dues and Subscriptions. Professional dues and all subscriptions may be authorized by the COUNCIL through the annual budgeting process and in accordance with the established purchasing and personnel policies of the CITY. 15. Professional Development. Opportunities for professional development and participation in local, regional, state and national organizations may be authorized by the COUNCIL through the annual budgeting process and in accordance with the established purchasing and personnel policies of the CITY. 16. Indemnification. The CITY shall defend and indemnify EMPLOYEE pursuant to Minnesota Statutes 466.07 and 465.76. In addition, the CITY shall defend, hold harmless, and indemnify EMPLOYEE from all alleged violations of torts; statutes, laws, rules, and ordinances, provided the EMPLOYEE was acting in the performance of the duties of the position. Employment Agreement for James Ericson Revised July 1,2016 Page 3 of 5 17. Resignation. In the event EMPLOYEE voluntarily resigns his position with the CITY, EMPLOYEE shall provide the CITY with written notification of his resignation at least 30 days prior to the effective date, unless the COUNCIL consents to a shorter notification period. If proper notification of the resignation is provided to the CITY, EMPLOYEE shall be entitled to his accrued vacation and sick leave benefits in accordance with the relevant provisions of the CITY'S Personnel Manual. If proper notification of the resignation is not provided by EMPLOYEE, payment of such benefits shall be made at the discretion of the COUNCIL. 18. Termination and Severance Pay. EMPLOYEE will serve at the will of the COUNCIL and may be terminated with or without cause at any time. In the event EMPLOYEE is terminated by the COUNCIL and the EMPLOYEE is willing and able to perform his duties under this agreement, the CITY agrees to pay EMPLOYEE his then current salary and benefits for a period of six months. The CITY'S obligation to pay severance shall terminate if EMPLOYEE successfully obtains a position of comparable responsibility and compensation. In the event the COUNCIL authorizes to pay severance, the EMPLOYEE will not be entitled to accrue additional vacation, sick leave or holidays during the period that severance is paid. In the event the CITY at any time during the term of this agreement reduces the salary or other financial benefits of EMPLOYEE by a greater percentage than an applicable across- the-board reduction for all employees of the CITY, or in the event the CITY refuses, following written notice, to comply with any other provision benefiting EMPLOYEE herein, or the EMPLOYEE resigns following a suggestion by a majority of the COUNCIL that he resign, then, in that event the 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. In the event EMPLOYEE is terminated because of malfeasance in office, gross misconduct or conduct that could lead to the conviction of a felony or any other crime involving personal gain to EMPLOYEE, then EMPLOYER shall have no obligation to pay the severance benefits to EMPLOYEE. If EMPLOYEE is subsequently determined by a court not to have committed the felony or other crime involving personal gain for which EMPLOYEE was terminated by the CITY, EMPLOYEE shall be entitled to payment of his severance in a lump sum payment. Upon the effective date of the EMPLOYEE'S termination, the City shall pay EMPLOYEE for all earned and accrued sick leave and vacation hours in accordance with the CITY'S Personnel Manual in effect as of July 11, 2016. 19. Market Rate Adjustment. EMPLOYER shall, from time to time as may be mutually agreeable, complete a Salary Compensation Study on the City Administrator position to be compliant with the policies of the CITY'S Personnel Manual. Employment Agreement for James Ericson Revised July 1,2016 Page 4 of 5 20. Other Terms and Conditions of Employment. The COUNCIL, in consultation with the EMPLOYEE, shall fix any such other terms and conditions of employment as it may determine from time to time, relating to the performance of EMPLOYEE, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement,the Mounds View City Charter or any other applicable law. In addition to the benefits enumerated specifically herein for the benefit of EMPLOYEE, all provisions of the Mounds View City Charter and Municipal Code, and regulations and rules of the CITY relating to vacation and sick leave, retirement and pension system contributions, holidays, and other benefits and working conditions as they now exist or hereafter may be amended, also shall apply to EMPLOYEE as they would to other employees of CITY, in addition to said benefits enumerated specifically for the benefit of EMPLOYEE except as herein provided. 21. General Provisions. The text herein shall constitute the entire agreement between the parties. This agreement shall become effective commencing on July 11, 2016, and shall continue until EMPLOYEE resigns his position or is terminated as provided herein. If any provisions, or any portion thereof, contained in this agreement is held 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. IN WITNESS WHEREOF, the CITY OF MOUNDS VIEW has caused this agreement to be signed and executed on its behalf by its Mayor, and duly attested by its Assistant City Administrator and the EMPLOYEE has signed and executed this agreement, both in duplicate, the day and year first above written. Pav " e Flaherty, Mayor CITY OF MOUNDS VIEW AT ST:/ atirk- Desaree Crane Assistant City Administrator (?JV James Ericson City Administrator (Seal) Employment Agreement for James Ericson Revised July 1,2016 Page 5 of 5 EXHIBIT A CITY STAFF ASSISTANCE ESTIMATE 1. Maintenance workers: 2 workers X 20 hrs @ approx. $35/hr $1400 3 seasonal workers (if needed) X 12 hrs @ approx. $13.hr $468 2. Police: 2 officers X 8 hrs @ approx. $55/hr $880 Total: $2,748 EXHIBIT B CITY EQUIPMENT 1. Public Works Equipment: Large box 1 ton truck Small box 1 ton truck 1 Large dump truck 2 -Pick up trucks Tandem trailer Front-end loader City generator— Car Show Extra generator— (back-up) Post pounder 2 Utility trucks 1 Golf cart or equivalent (only used by city staff) Hoses Extension cords Water shut off keys Barricades (Parade and City Hall Parking Lot) Public Works Vehicles for the Parade 5 Rectangular Tables (For Car Show) 10 folding chair (For Car Show) 20 Orange Cones (For Car Show) 20 Orange Cones (MVCC- Section off parking area for Irondale) 20 rectangular tables (MVCT) 110 folding chairs (MVCT) 15 rectangular tables (in front of Beer Garden Tent) 100 folding chairs (in front of Beer Garden Tent) Mesh Fencing for the Beer Garden, K9 Demo and for the Lions Food Booth 2. Fire Dept: Fire truck(s) for Parade and Bucket Ride 3. Police Department Police Vehicle(s) for the Parade