HomeMy WebLinkAbout1998-022 Agrmt - Mike FreemanCITY OF ASHLAND
Employment Agreement
City Administrator
Agreement made March 17, 1998, by and between the City of Ashland ("City") and
Mike Freeman ("Employee").
Recitals:
A. City desires to employ the services of Employee as city administrator; and
B. It is the desire of the mayor and city council to establish certain conditions of
employment for Employee; and
C. It is the desire of the council 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 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; and
D. Employee desires to accept employment as city administrator.
City and Employee agree:
1. Duties. City agrees to employ Employee as city administrator to perform the
functions and duties specified in the city charter and ordinances and the job
description for the position, and to perform other legally permissible and proper duties
and functions as the mayor and council shall from time to time assign.
2. Term.
2.1. 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.
2.2. Employee agrees to begin employment on April 1, 1998, remain in the
exclusive employ of City until March 31, 2001, 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.
2.3. In the event written notice is not given by either party to terminate this
agreement at least 120 days prior to the termination date, this agreement shall be
extended for successive three year periods on the same terms and conditions. This
provision shall not restrict Employee from using vacation or personal leave for
teaching, consulting or related activities provided these activities do not conflict with
the regular duties of the Employee.
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2.4. In the event Employee wishes to voluntarily resign the position during the
term of this agreement, Employee shall be required to give the City six weeks written
notice of such intention, unless waiver of such notice is approved by the mayor and
city council. Employee will cooperate in every way with the smooth and normal
transfer to the newly appointed individual.
3. Salary. City agrees to pay Employee a monthly salary of $7,111 plus any July 1,
1998, cost of living increase 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
department heads. Employee shall be eligible for a step increase on October 1, 1998,
or six months from Employee's actual beginning work date, whichever is later, based
on satisfactory performance.
4. Performance Evaluation. The mayor and council 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 jointly by City and Employee.
Further, the Mayor 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 evaluation with the mayor and council.
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 city is not adversely affected.
6. 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
department heads, in addition to any benefits enumerated specifically for the benefit
of Employee as provided in this agreement.
7. 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.
8. Professional Development.
8.1. 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 development of Employee and to adequately pursue
necessary official and other functions for City as deemed appropriate by City.
8.2. City also agrees to budget and to pay for the travel and subsistence
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expenses of Employee for short courses, institutes and seminars that are necessary
for his professional development and for the good of the City.
9. 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.
10. 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. The attached letter setting forth an offer of employment dated March 17,
1998, shall also be a part of this agreement.
11. 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.
12. Termination and Severance Pay. In the event Employee is terminated by the City
before expiration of the term of employment and during such time that Employee is
willing and able to perform the duties under this agreement, then in that event City
agrees to pay Employee a lump sum cash payment equal to six months' aggregate
salary provided, however, that in the event Employee is terminated because of the
conviction of any crime involving moral turpitude or illegal act involving personal gain
to Employee, then, in that event, City shall have no obligation to pay the aggregate
severance sum designated in this paragraph.
13. 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.
Dat this ~74~1 of ~:Y'd,~
Barbara Christensen, City Recorder
Accepted this /~7 day of ~
Mike Freeman
,1998.
Catherine M. Shaw, Mayor
,1998:
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