HomeMy WebLinkAbout2020-021 Interim City Administrator AgreementCITY OF ASHLAND
Employment Agreement
Interim City Administrator
CA
THIS AGREEMENT made and entered into this _ day of 2020, by and between
the City of Ashland ("City") and Adam Hanks ("Employee").
RECITALS:
A. Employee is currently Assistant City Administrator of the City of Ashland.
B. City desires to employ the services of Employee as Interim City Administrator 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 City Administrator commencing April 11, 2020 and to provide inducement for
Employee to remain in such employment until December 31, 2020, or until the regular
full-time position of City Administrator is filled by appointment of the Mayor and
confirmation by the City Council, 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 City Administrator of Ashland as of
April 11, 2020
City and Employee agree as follows:
Section 1. Duties. The City hereby agrees to employ Adam Hanks as the Interim City
Administrator from April 11, 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 City Administrator 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 City
Administrator. During the term of the is 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 City Administrator is filled by appointment as provide 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 Assistant City Administrator 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
City Administrator and return to his current position of Assistant City Administrator 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 $69.8899/hour ($12,114/month)
until his regularly scheduled salary increase which occurs on July 1, 2020. Effective July 1,
2020, City agrees to pay Employee $73.3843/hour ($12,719.93/month) if he is still serving as
Interim City Administrator.
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 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 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.
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
$400/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 City Administrator 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 City Administrator. 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 the term of this agreement.
Section 10. Tools and Equipment. City agrees to supply the tools and equipment necessary
for the Interim City Administrator 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 ofi.�` 2020. Approved as to form by
avid Lohman, Cit Attorney
Melissa Huhtala, City Recorder Joo Stromberg, Mayor
Accepted this day off 2020.
Adam Hanks
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