HomeMy WebLinkAbout1991-062 Service Agrmt - NolteCITY OF ASHLAND
Employment Agreement
city Attorney
THIS AGREEMENT, made and entered into this ~ J day of ~/~ ....
1991, by and between the City of Ashland, State of Oregon,~
hereinafter called "City", and Paul Nolte, hereinafter called
"Employee".
RECITALS:
1. City desires to employ the services of Paul Nolte as City Attorney
of the City of Ashland; and
It is the desire of the Mayor and City Council, acting through the
City Administrator, to establish certain conditions of employment
for said Employee; and
3 o
It is the desire of the Mayor and Council to (1) secure and retain
the services of Employee and to provide inducement for him to
remain in such employment; (b) to make possible full work
productivity by assuring Employee's morale and peace of mind with
respect to future security; (c) to act as a deterrent against
malfeasance or dishonesty for personal gain on the part of the
Employee, and (d) to provide a just means for terminating
Employee's services at such time as he may be unable to fully
discharge his duties due to disability or when City may otherwise
desire to terminate his services; and
4. Employee desires to accept employment as City Attorney of said
City of Ashland.
NOW THEREFORE, in consideration of the mutual covenants herein
contained, the parties hereto agree as follows:
Section 1. Duties.
The City hereby agrees to employ Paul Nolte as the City Attorney of
the City to perform the functions and duties specified in said City
Charter an~ to perform such other legally permissible and proper
duties and functions as the City Council shall from time to time
assign. The City Attorney shall devote full time to the performance
of his duties and shall not perform any additional legal services
without permission from the City.
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 city Attorney at any time, subject only to the
provisions set forth in the section entitled "Severance Pay" of this
agreement.
City Attorney Employment Agreement - Page 1
B. Employee agrees to remain in the exclusive employ of City until
October 1, 1994, and neither to accept other employment nor to become
employed by any other employer until said termination date, unless
said termination date is affected as hereinafter provided.
C. 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 as hereinabove provided, this agreement shall be
extended for successive three (3) year periods on the same terms and
conditions as herein provided.
D. In the event the City Attorney wishes to voluntarily resign his
position during the term of this agreement, he shall be required to
give the City three (3) months written notice of such intention. The
City Attorney will cooperate in every way with the smooth and normal
transfer to the newly appointed attorney. Further, the City Attorney
will be available for consultation and conferences concerning on-going
legal matters and will not in any way jeopardize the legal position of
the City. Consultation or further legal services furnished by said
City Attorney after term of employment has ended, due to resignation,
shall be done on a fee basis which is mutually agreeable to said City
and City Attorney.
Section 3. Salary.
City agrees to pay Employee for his services rendered pursuant hereto
a monthly salary of $4,782 payable at the same time as other employees
of the City are paid.
In addition, City agrees to annually increase said base salary and/or
benefits in the same percentage as may be accorded other Department
Heads, and also to such extent as the Mayor and City Council may
determine on the basis of an annual performance review of said
Employee.
Section 4. Performance Evaluation.
The Mayor and city Council and the City Administrator shall review and
evaluate the performance of the employee at least once annually. Said
review and evaluation shall be in accordance with specific criteria
developed jointly by City and Employee. Further, the 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 his evaluation with the Mayor
and Council.
Section 5. 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 hereafter may be amended, as
apply to any other department head, in addition to any benefits
enumerated specifically for the benefit of Employee as herein
provided.
City Attorney Employment Agreement - Page 2
Section 6. Dues and Subscriptions.
City agrees to budget and to pay for the professional dues and
subscriptions of Employee necessary for his continuation and full
participation in national, regional, state and local associations and
organizations necessary and desirable for his continued professional
participation, growth and advancement, and for the good of the City.
Section 7. Professional Development.
A. The City hereby agrees to annually budget and allocate sufficient
funds to pay the expenses of the City Attorney's necessary travel and
living expenses to represent the City at the annual League of Oregon
Cities' Conference, the Oregon State Bar Convention, and conferences
or meetings of state committees or commissions upon which the City
Attorney serves as a member, said membership on said state commissions
or committees being subject to the approval of the city Council, and
for such other official meetings or travel as are reasonably necessary
for the professional advancement of the City Attorney as approved by
the City Council.
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 8. Oreqon State Bar License.
The City Attorney shall maintain throughout the life of this
agreement, a valid Oregon State Bar license as required by the State
of Oregon in order to practice law and appear before the courts of
this State. The city shall pay the city Attorney's annual Bar dues.
Section 9. Severance Pay.
A. In the event of the involuntary termination of the City Attorney
during the term of this agreement, he shall be entitled to receive a
lump sum payment equal to three (3) months aggregate salary and
benefits. Termination by the City, as used in this paragraph, means
the city Attorney's discharge or dismissal by the Mayor with consent
of the City Council or the City Attorney's resignation following a
salary reduction greater in percentage than an across-the-board
reduction for all city employees, or the City Attorney's resignation
following a formal request to him by the city Council that he resign.
Said sum shall be paid to the City Attorney within thirty (30) days of
the next regular council meeting after said 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 him, or for the loss of his Oregon State Bar license, then, in
that event, city shall have no obligation to pay the aggregate
severance sum designated in Section 9.A.
Section 10. Professional Liability.
The City agrees that it shall defend, hold harmless, and indemnify the
city Attorney from all demands, claims, suits, actions, errors, or
City Attorney Employment Agreement - Page 3
other omissions in legal proceedings brought against the City Attorney
in his individual capacity or in his official capacity, provided the
incident arose while the City Attorney was acting within the scope of
his employment. If in the good faith opinion of the City Attorney,
conflict exists as regards to the defense of any such claim between
the legal position of the City and the City Attorney, the City
Attorney may engage counsel, in which event, the City shall indemnify
the City Attorney for the cost of legal counsel.
Section 11. Actinq City Administrator.
The City Attorney shall be designated as Acting City Administrator in
the absence of the City Administrator.
Section 12. Other Terms and Conditions of Employment.
The 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 the City Attorney with the agreement of
said City Attorney, provided such terms and conditions are not
inconsistent or in conflict with the provisions of this agreement.
Section 13. Severability.
It is understood and agreed that 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 portion
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. Specific Contractual Conditions.
See Attachment #1, Letter of August 15, 1991 Employment Offer.
Dated this~r~/~day~ of ~ ,_.~ _, 1991.
~.<' 6/~< ~ f ~ /~
Catherine M. Golden, Mayor
Nan E. Franklin, City Recorder
Accepted this __
/~day of
Paul Nolte
City Attorney Employment Agreement - Page 4