HomeMy WebLinkAbout2012-164 Employment Agrmt - Holden
CITY OF ASHLAND
Employment Agreement
.Director of Information Technology and Electric Utility
THIS AGREEMENT, made and entered into this I day of August 2012 by and
between the City of Ashland ("City") and Mark J. Holden ("Employee").
RECITALS
A. City desires to employ the services of Employee as the Director of Information
Technology and Electric Utility of the City of Ashland; and,
B. It is the desire of the City to establish certain conditions of employment for
Employee; and,
C. It is the desire of the City to (1) secure and retain the services of Employee and
to provide inducement for Employee to remain in such employment, (2) to make
possible full work productivity by assuming Employee's morale and peace of
mind with respect to future security, (3) to act as a deterrent against malfeasance
or dishonesty for personal gain on the part of Employee; and, (4) to provide a just
means for terminating Employee's services at such time as Employee may be
unable fully to discharge Employee's duties due to disability or when City may
otherwise desire to terminate Employee's services; and,
D. Employee desires to accept employment as Director of Information Technology
a d Electric Utility of the City of Ashland, and to begin his employment
r 2012.
City and Employee agree as follows:
Section 1. Duties.
The City hereby agrees to employ Mark Holden as the Director of Information
Technology and Electric Utility of the City of Ashland to perform the functions and duties
specified in the City Charter, City Ordinances, and the job description for the position,
and to perform such other legally and ethically permissible and proper duties and
functions as the Mayor and/or City Council shall from time to time assign. The Director
of Information Technology and Electric Utility shall devote full time to the performance of
his duties.
Section 2. Term.
A. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right
of the Mayor, with the consent of the City Council in accordance with the City
Charter, from terminating the services of the Director of Information Technology
and Electric Utility at any time, subject only to the provisions set forth in the
section titled "Severance pay" of this agreement. Except as specifically provided
in this Agreement, Employee shall serve at the pleasure of the City, without any
requirement to demonstrate cause for dismissal.
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 of this agreement.
C. Employee agrees to remain in the employ of the City until September 4, 2015,
and neither to accept other employment nor to become employed by any other
employer until this termination date, unless the termination date is affected as
otherwise provided in this agreement. This provision shall not restrict Employee
from using vacation or personal leave for teaching, consulting or other activities
provided these activities do not conflict with the regular duties of the Employee
and are approved in writing by the City Administrator.
D. In the event written notice is not given by either party to terminate this agreement
at least ninety (90) days prior to the termination date, this agreement shall be
extended for successive three-year periods on the same terms and conditions
provided herein.
E.. In the event Employee wishes to voluntarily resign the position during the term of
this agreement, Employee shall be required to give the City thirty (30) days
written notice of such intention, unless such notice is waived by the Mayor, with
consent of the City Council. Employee will cooperate in every way with the
smooth and normal transfer to the newly appointed individual.
Section 3. Salary
Beginning September 4, 2012, City agrees to pay Employee a monthly salary at step C
of the salary schedule ($8,312.42/month). Employee will advance to the next step
($8,728.03) after one year of successful performance as determined by the City
Administrator. The City agrees to annually increase the monthly salary and/or benefits
in the same percentage as may be accorded other department heads.
Section 4. Performance Evaluation.
The City Administrator shall review and evaluate the performance of the employee at
least once annually. Employee shall receive a written copy of the performance
evaluation and be provided an adequate opportunity for the employee to discuss the
details of the evaluation.
Section 5. Hours of Work.
It is recognized that Employee must devote a great deal of time outside the normal office
hours to the business of the City, and to that end Employee will be allowed to take
compensatory time off as Employee shall deem appropriate during normal office hours,
so long as the business of the City is not adversely affected. Work in excess of forty
(40) hours per week is deemed part of the professional responsibility for which the
Employee shall not be paid overtime. In recognition of the extra hours required of the
Director of Information Technology and Electric Utility, Employee shall receive forty (40)
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hours of administrative leave each year to be used before June Vh or deemed forfeited.
Employee will receive additional administrative leave each year per applicable city
policy, resolution or ordinance.
Section 6. Automobile.
Employee's duties require that Employee shall have the use of a motor vehicle at all
times during employment with the City. The City shall provide an automobile allowance
of $350.00/month for the use of said automobile for travel. Employee shall be
responsible for paying for insurance, operation, maintenance and repairs of the vehicle.
Section 7. Health, Welfare and Retirement.
Except as modified by this agreement, Employee shall be entitled to receive the same
retirement, vacation, sick leave benefits, holidays, and other fringe benefits and working
conditions as they now exist or may be amended in the future, as apply to any other
department head, as spelled out in the applicable city policy, resolution or ordinance in
addition to any benefits enumerated specifically for the benefit of Employee as provided
in this agreement. Additionally, the City will provide e*g (40) hours of vacation at the
Employee's first day of work, and~40) hours of sick leave. AM
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Section 8. Dues and Subscriptions. ~ ~~Il
City agrees to budget and to pay for the professional dues and subscriptions of
Employee necessary for the continuation and full participation in national, regional, state
and local associations and organizations necessary and desirable for Employee's
continued professional, growth and advancement, and for the good of the City.
Section 9. Professional Development
The City hereby agrees to annually budget and allocate sufficient funds to pay
necessary travel and living expenses of the Director of Information Technology and
Electric Utility while he represents the City at conferences, trainings, official business
meetings or professional organizations that serve the City's interest and/or are
reasonably necessary to provide for the professional advancement of the Director of
Information Technology and Electric Utility. Membership on any national or state
commission or committee shall be subject to the approval of the City Administrator.
Section 10. Professional Liability
The City agrees that it shall defend, hold harmless, and indemnify the Director of
Information Technology and Electric Utility from all demands, claims, suits, actions,
errors, or other omissions in legal proceedings brought against the Director of
Information Technology and Electric Utility in his individual capacity or in his official
capacity, provided the incident arose while the Director of Information Technology and
Electric Utility was acting within the scope of his employment. If in the good faith opinion
of the Director of Information Technology and Electric Utility conflict exists as regards to
the defense of any such claim between the legal position of the city and the Director of
Information Technology and Electric Utility, he may engage counsel in which event, the
City shall indemnify the Director of Information Technology and Electric Utility for the
cost of legal counsel.
Section 11. Severance Pay
A. In the event Employee is dismissed during the term of this Agreement, and
Employee is not being dismissed for any reason set forth in paragraphs B or C of
this section, the City agrees to offer Employee a severance agreement. The
amount of severance pay to be offered to Employee in the severance agreement
shall be equal to the employee's monthly base salary at the time of dismissal;
times the number of months that employee has been employed up to a maximum
of six (6) months.
In addition, the severance agreement offered to the employee will require the
City to continue to pay the employer portion of the premium for medical and
dental insurance coverage through the end of the month the Employee's
severance pay is intended to cover or until the last day of the month in which
Employee obtains employment with alternative insurance whichever occurs
earlier.
As a condition of the severance offer, the Employee will be required to release
the City, its officers, representatives, insurers, and employees from claims arising
from employment with the City and separation of employment.
B. Employee will not be eligible to receive the severance offer described in
Paragraph A of this section if this Agreement is not renewed by the City, as
provided in Section 2, above. Employee also will not be eligible to receive the
severance agreement offer if Employee breaches any provision of this
agreement, or if Employee engages in any act of misconduct in the performance
of duties on behalf of the City. The term "misconduct" includes misappropriation,
dishonesty, breach of trust, insubordination, neglect of duty, failure to perform
duties in a manner that is consistent with applicable law, failure to correct
performance deficiencies identified in writing by the City Council after a
reasonable opportunity, as determined by the City, to correct the deficiencies;
committing any violation of City policies or standards that the City deems a
serious violation; or engaging in other action demonstrating a disregard for the
interest of the City. The term "misconduct" also includes engaging in criminal
acts or other off-duty behavior that the City views as impairing the Employee's
ability to effectively perform the Employee's duties or jeopardize the reputation of
the City.
C. Employee will not be eligible to receive the severance offer described in
Paragraph A of this Section if Employee, in accordance with applicable law, is
dismissed due to a disability that prevents Employee from performing the duties
of the position.
Section 12. Other Terms and Conditions of Employment
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City shall by amendments to this agreement, fix such other terms and conditions of
employment from time to time, as it may determine, relating to the performance by
Employee with the agreement of Employee, provided such terms and conditions are not
inconsistent or in conflict with the provisions of this agreement.
Section 13. Moving and Relocation Expenses
A. The City will pay expenses associated with moving Employee's household to
Ashland. The City asks the Employee to obtain three (3) written quotes for this
move and will pay actual cost of the move in an amount not to exceed $10,000.
Moving expenses include packing, moving, storage costs, unpacking, and
insurance charges for moving and storing Employee's household goods. Moving
expenses also include actual lodging and meal expenses and mileage costs for
moving two personal automobiles and shall be reimbursed at the current IRS
allowable rate while the employee is in transit. Moving expenses shall also
include actual lodging, meal expenses, and mileage (or airfare) for up to two
visits to Ashland for the Employee and family for purpose of securing a
permanent residence. Finally, moving expenses may also include the actual
costs for employee of securing temporary housing, prior,to moving into
permanent housing, for up to six months.
B. In the event that Employee resigns from this position or is terminated for reasons
described in paragraphs 11.B or 11.C within 12 months of September 4, 2012,
Employee shall repay the City 50% of the actual moving expenses paid under
paragraph 13.A. In the event Employee resigns or is terminated (under
paragraphs 11.6 or 11.C) after serving for more than 12 months but less than 24
months, Employee shall repay the City 25% of the actual moving expenses paid
under paragraph 13.A
Section 15. Severability.
If any part, term, or provision of this agreement is held by the courts to be illegal or in
conflict with the laws of the State of Oregon, the validity of the remaining portions of the
agreement shall not be affected and the rights and obligations of the parties shall be
construed and enforced as if the agreement did not contain the particular part, term, or
provision.
Section 16. Other Terms and Conditions of Employment
The Employee is subject to all personnel policies of the City of the City and the City's
Management Resolution except to the extent that they are inconsistent with an
expressed term of this agreement.
Section 17. PERS Pick-up
Employee contributions to the Public Employees' Retirement system (PERS) shall be
"picked up" by the City. Employee shall not have the option of receiving money
designated for retirement contributions and directly making the contribution to PERS.
Employee's reported salary for tax purposes shall be reduced by the amount of the
employee's contribution to PERS.
Section 19. Complete Agreement
This agreement shall constitute the entire agreement between the City and Employee
and supersedes all prior agreements, representations and understandings between
them. No supplement, modification or amendment of this Agreement shall be binding on
the City unless it is set forth in a writing that is signed by the Mayor and approved by the
City Council. Likewise, no waiver or any provision of this Agreement shall be valid
unless set forth in writing that is signed by the Mayor and approved by the City Council.
Dated t is day of August 2012
arbara Christensen Jo Stromberg
City Recorder Mayor
Accepted this day of August 2012
Mark J. Hol e