HomeMy WebLinkAbout1997-166 Agrmt - Greg ScolesCITY OF ASHLAND
Employment Agreement
Assistant City Administrator
THIS AGREEMENT, made and entered into this~,q~ day of ~O~.
City of Ashland ("City") and Greg Scoles ("Employee").
,1997, by and between the
Recitals:
A. City has previously entered into an employment agreement with Employee. Employee is serving as
Assistant City Administrator of the City of Ashland; and
B. City desires to continue the services of Employee as Assistant City Administrator of the City of
Ashland; and
C. It is the desire of the City Council, acting through the Mayor, to establish certain modified
conditions of employment for Employee; and
D. It is the desire of the Council to (1) retain the services of Employee and to provide inducement for
Employee to remain in such employment, (2) to make possible full work productivity by assuring
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;
City and Employee agree as follows:
Section 1. Duties. City agrees to employ Employee as Assistant City Administrator to perform the
functions and duties specified in the job description for the position, to act as Interim City
Administrator when necessary and to perform other legally permissible and proper duties and functions
as the City Administrator shall from time to time assign.
Section 2. Term.
A. 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 this
agreement.
B. The term of this agreement shall begin on November 1, 1997, and continue in effect until
terminated as provided in section C and section 14. This agreement shall not restrict Employee from
using vacation for teaching, consulting or related activities, provided such activities do not conflict with
the duties of Employee.
C. In the event Employee wishes to voluntarily resign his position during the term of this
agreement, he shall be required to give the City six weeks written notice of such intention, unless such
notice is waived by the City Administrator or by the Mayor and City Council. Employee will cooperate
in every way with the smooth and normal transfer to the newly appointed individual.
Section 3. Salary. City agrees to pay Employee a monthly salary of $6,199 payable at the same time
and in the same manner as other employees of the City are paid. In addition, City agrees to annually
increase the monthly salary and/or benefits in the same percentage as may be accorded other
Management Employees. Due to the increase in required job responsibilities, Employee will be
compensated with an additional 15 % of monthly salary when required to serve as Interim City
Administrator. Additional compensation shall not be provided when employee is required to serve as
Acting City Administrator (less than 2-weeks).
Section 4. Performance Evaluation. The City Administrator, or the Mayor and Council if Employee
is serving as Interim City Administrator, shall review and evaluate the performance of the Employee at
least once annually. This review and evaluation shall be in accordance with specific criteria developed
joinfly by City and Employee. Further, the City Administrator or Mayor and Council shall provide the
Employee with a summary written statement of the findings of the evaluation process and provide 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 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 department is not adversely affected.
Section 6. Automobile. Employee's duties require that Employee shall have the exclusive use at all
times during employment with the City of an automobile provided by the City to carry out the business
of the City. City shall provide an automobile allowance of $300 for the use of said automobile for local
travel. Employee shall be responsible for paying for insurance, operation, maintenance and repairs of
said vehicle. When Employee's duties require travel to a destination beyond 50 miles from the city,
then Employee shall be additionally compensated at the mileage reimbursement rate established
annually by the IRS for the excess miles.
Section 7. Health, Welfare and Retirement. Employee shall be entitled to receive the same
retirement, vacation and 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, in addition
to any benefits enumerated specifically for the benefit of Employee as provided in this agreement.
Section 8. Dues and Subscriptions. 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 participation, growth and advancement, and for the good of the City. City recognizes the
desirability of representation in and before local civic and other organizations, the Employee is
authorized to become a member of the Rotary Club, or such other civic or service organization which
the Employee may select. City agrees to pay for Employee's normal membership expenses associated
with such local civic organization
Section 9. Professional Development.
A. City agrees to budget for and to pay the travel and subsistence expenses of Employee for
professional and official travel, meetings, and occasions adequate to continue the professional
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development of Employee and to adequately pursue necessary official and other functions for City as
deemed appropriate by City.
B. City also agrees to budget and to pay for the travel and subsistence expenses of Employee for
short courses, institutes and seminars that are necessary for his professional development and for the
good of the City.
Section 10. PEltS 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
?ER$.
Section 11. Professional Liability. City agrees to defend, hold harmless, and indemnify
Employee from all demands, claims, suits, actions, errors, or other omissions in legal proceedings
brought against Employee in his individual capacity or in his official capacity, provided the incident
arose while Employee was acting within the scope of his employment.
Section 12. Other Terms and Conditions of Employment. 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.
Section 13. 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 14. Termination.
A. In the event of the involuntary termination of the Employee, he shall be entitled to receive a
lump sum payment equal to six months aggregate salary and benefits. Termination by the City, as
used in this paragraph, means Employee's discharge or dismissal by the Mayor, upon recommendation
of the City Administrator and with consent of the City Council, or Employee's resignation following a
salary reduction greater in percentage than an across-the-board reduction for all city employees, or
Employee's resignation following a formal request to him by the Mayor and a majority of the City
Council via the City Administrator that he resign. This sum shall be paid to Employee within 30 days
of the next regular council meeting after the termination.
B. In the event Employee is terminated because of his conviction of any crime involving moral
turpitude or illegal act involving personal gain to her, then in that event, City shall have no obligation
to pay the aggregate severance sum designated in section 14.A.
Catherine M. Golden, Mayor
Accepted this2q~ day of ~- , 1997.
Greg S~les0 Assistant City Administrator