HomeMy WebLinkAbout2020-020 Interim Public Works AgreementCITY OF ASHLAND
Employment Agreement
Interim Public Works Director
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THIS AGREEMENT made and entered into this th day ofl�2020, by and between
the City of Ashland ("City") and Scott Fleury ("Employee").
RECITALS:
A. Employee is currently Deputy Public Works Director of the City of Ashland.
B. City desires to employ the services of Employee as Interim Public Works Director of the
City of Ashland; and
C. It is the desire of the Mayor and City Council to establish certain conditions of
employment for Employee; and
D. It is the desire of the Council to (1) secure and retain the services of Employee as
Interim Public Works Director commencing May 1, 2020, and to provide inducement for
Employee to remain in such employment until December 31, 2020, or until the regular
full-time position of Public Works Director is filled by appointment as prescribed by the
City Charter, whichever occurs first; (2) to make possible full work productivity by
assuring Employee's morale and peace of mind with respect to financial security; and (3)
to provide a just means for terminating this agreement.
E. Employee desires to accept employment as Interim Public Works Director of Ashland as
of May 1, 2020.
City and Employee agree as follows:
Section 1. Duties. The City hereby agrees to employ Scott Fleury as the Interim Public Works
Director of the City from May 1, 2020 until termination of this agreement to perform the functions
and duties specified in the job description for the position, and to perform such other legally
permissible and proper duties and functions as the City Council shall from time to time assign.
Employee shall devote full time to the performance of the duties of Public Works Director for the
duration of interim appointment. Employee will cooperate in every way with the smooth and
normal transfer to any individual subsequently appointed to perform the duties of Public Works
Director. During the term of this agreement, Employee shall not become employed or accept
employment by any other employer.
Section 2. Term. This agreement shall terminate on the earlier of December 31, 2020 or the
date the permanent position of Public Works Director is filled by appointment as provided in the
City Charter, unless the term is otherwise modified as provided in this agreement.
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Section 3. Return to Previous Position.
A. Upon termination of this agreement, Employee may, at his sole discretion, return to
his current position of Deputy Public Works Director under the same terms and
conditions as those currently in effect for that position.
B. At any time during the term of this agreement, after having given the City three weeks
advance notice, Employee may elect to voluntarily resign from the position of Interim
Public Works Director and return to his current position of Deputy Public Works Director
under the same terms and conditions as those currently in effect for that position.
Section 4. Salary. City agrees to pay Employee a wage of $57.4986/hour ($9,966.41/month)
until his regularly scheduled salary increase or until this agreement terminates.
Section 5. 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 department head, as spelled out in the City's
Management Resolution in addition to any of its enumerated provisions specifically for the
benefit of Employee as provided in this agreement.
Section 6. It is recognized that Employee must devote a great deal of time outside the normal
office hours to the business of the City. 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 hours per week is deemed part of the
professional responsibility for which the Employee shall not be paid overtime. Also, Employee
shall receive forty (40) hours of administrative leave July 1, 2020 to be used before June 30,
2021 or deemed forfeited.
Section 7. Automobile Allowance. Employee's duties during the term of this agreement
require that Employee have ready access to an automobile to carry out the business of the City.
The City shall supply a vehicle for Employee's exclusive use or an automobile allowance of
$350/month if the employee chooses to use his own personal vehicle for City business.
Employee shall handle paying for insurance, operation, maintenance, and repairs of his
personal vehicle.
Section 8. Professional Liability. The City agrees that it shall defend, hold harmless, and
indemnify the Public Works Director 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 he was acting within the scope of his
employment as Interim Public Works Director. If, in Employee's good faith opinion, a conflict
exists between Employee's legal position in such legal proceedings and the legal position of the
City, employee shall be entitled to be represented in the matter by well -qualified outside counsel
the City selects and pays or, at Employee's discretion, by counsel of Employee's choosing at his
sole expense.
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Section 9. Other Terms and Conditions of Employment. Employee is subject to all
personnel policies of the City and the City's Management Resolution except to the extent they
are inconsistent with an express term of this agreement. Nothing in this agreement shall
prevent, limit, or otherwise interfere with the right of the City to terminate Employee for cause
during or after the term of this agreement.
Section 10. Tools and Equipment. City agrees to supply the tools and equipment necessary
for the Interim Public Works Director to efficiently perform his duties.
Section 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.
Section 12. Complete Agreement. This agreement shall constitute the entire agreement
between City and Employee and supersedes all prior agreements, representations, and
understandings between them. No supplement, modification, waiver, or amendment of this
agreement shall be binding on either party unless it is set forth in a writing that is signed by
Employee and by the Mayor and approved by the City Council.
Dated this I,,- Of 2020.
iI
Melissa Huhtala, City Recorder
Approved as to form by
David Lo man, Ci y Attorney
Jdt n Stromberg, Mayor
Accepted this ta''rday of jwgul- 2020.
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