HomeMy WebLinkAbout2021-152 -City Manager Employment Agreement CITY OF ASIILAND,
EMCPLOYIKENT,AGREEMEN T
• CITY MANAGER
TI-11S EMPLOYMENT AGREEMENT("Agreement"),is made and entered into this 3rd day of
January 2022,by and between the City of Ashland,an Oregon municipal corporation("City"),
and Joseph L.Lessard("Employee").
• RECITALS
A. The City desires to employ the services of Employee as the City Manager of the City of
Ashland: and ,
E. It is the desire of the City to establish certain conditions of employment for Employee;
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and.
C. It is the desire of the City to: (1)secure and retain the services of Employee and to
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provide inducement for Employee to remain in such employment,(2)to make possible
full work productivity by assuming Employee's morale and peace of mind with respect to
future security,(3)to aQt as a deterrent against malfeasance or dishonesty for personal
gain on the part of Employee;and(4)to provide a just means for terminating Employees
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
Employee desires to accept employment as the City Manager of the City of Ashland and
to begin his employment on January 3,2022,
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AGREEMENT
Now therefore,the City and Employee hereby agree as follows:
Section 1.Duties and Ethical Commitments.
A. The City hereby agrees to employ Joseph L.Lessard("Employee")as the City Manager
of the City of Ashland,and Employee agrees to perform the functions and duties of the
City Manager specified in the Ashland City Charter,the Ashland Municipal Code,and
the job description for the position,and to perform such other legally and ethically
permissible and proper duties and functions as the Mayor and/or the City Council,shall
from time-to-time assign. The City Manager shall devote his full time to the performance
of his duties except as specifieally permitted by Subsection 2.C.of this Agreement.
a. Employee shall be the chief executive and administrative bead of the City and shall
faithfully perform Employee's lawfully prescribed and assigned duties with reasonable
Page 1 of 8: Employment Agreement vfith Joseph Lessard for City Manager
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care, diligence,skill,and expertise. Employee shall not he require,d to•accept the city's
assignment of any duties outside of the scope of those stipulated in the Ashland city
Charter, the Ashland.Munieipal Code,and the job•description for the position ofthe '
City Manager and customarily•performedAby persons holding the role.of City Manager
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in the absence of Employee's express written consent to"such-assignment. The City •
may notreassign Employ ee.to another position inthe absence of Employee's express
•writtert consent to such assignment. The City shall not unreasonably interfere with
Employee's performance of such duties.
C. Except as may be provided•otherwise by the Ashland City charter,the Ashland
Municipal Code and outer applicable law,or the City's agreement with any other
person,Employee shall have the authority to establish internal rules and procedures
. which the•Employee•deems,neeessary for the efficient and effective operation of the.
City.
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ID. The City expects Employee to adhere to the highest.professional standards. The •
Employee shall not endorse candidates,make financial contributions,sign or
circulate.petitions,or participate in fundraising activities.for-individuals seeking or
holding elected office,nor seek or accept any personal enrichment or profit derived
from confidential information or misuse of public time. The City shall support
Employee in keeping these commitments by refraining from,any order,direction or
request that would require.Employee to violate'the International City+Manager
Association(ICMIA)Code of Ethics. The 1CMMMA Code ofEthics are attached hereto. •
as Exhibit"A"and incorporated herein by this reference. Neither the Mayor, the •
City Council,nor any individual member thereof shall request Employee to endorse
any candidate,make any financial contribution,.sign or circulate any petition,or
participate in any fiindraising activity for individuals seeking or holding elected
o ice,nor to handle any matter of personnel on a basis other than fairness,
impartiality and merit.
Section 2. Effective Date;Term. .
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A. Nothing in this Agreement shall prevent,limit,or otherwise interfere With the right of the
City,as provided in the Ashland City Charter,to terminate the services of the City
Manager at any tizn.e, subject only to the provisions set.forth in Section.11, "Termination
and Severance Pay,"'of this Agreement: Except as specifically provided hi this
Agreement,Employee shall serve"at.the pleasure of the•City without any requiremenrto
demonstrate cause for dismissal:
B. Nothing in this Agreement.shall prevent, limit,or otherwise interfere with the right of the
Employee to resign at any time from his position with the City,"subject only to the
provisions of this Ament. -
C. Employee agrees to begin his employment with the City on January 3,2022 (the
"Effective Date")and to remain in the employ of the City and not become employed by
any other employer until this Agreement is terminated. This provision shall not restrict
Employee from using vacation leave or administrative leave for teaching, consulting,or
Psge 2 of 8; Employ:rnent Agreement with Joseph Lessard for City Manager
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other.activities provided these activities do not conflict with the regular duties of the
Employee:and are approved in writing,by the.City Council.
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1). In the event Einployee Wishes to.voluntarily resign his position during the term of this
Agreement.Employee shall be required to give the City not less than thirty(30)calendar
days'prior written notice Of such intention,unless such notice,is waived by the Mayor,
with the Consent of the City Council. Employee will cooperate with the:City in every
way with the smooth and normal transfer of his position to any.newly appointed
ihdividual.
Section 3. Salary.
Beginning January 3,2022,the City agrees to pay Employee a Monthly salary.at Step 3 of the
City's salary schedule(currently 513;623.05 per monthJS163.477.00 annually). Employee
may advance to the next step of the salary schedule(currently$14,304.22 per
month1S171,65i.O(i.annuall})after six(6)months'of employment with successful performance
as determined by the City Council. The City agrees to annually increase the monthly.salary
and/or other benefits of the City Manager in the same percentage-as may be accorded to other
Management and Confidential Employees of the City. This Agreetnent shall be automatically
• amended to reflect any salary or benefit adjustments that are provided or required by the City's
compensation policies.
Section 4. Performance Evaluation:
The Mayor and CityCouncil shall review and evaluate the perfonnance of the Employee at least
onceamtually. Employee shall.reeeive a written copy of the performance evaluation and be
provided an adequate opportunity for the Employee to discuss the details.of the evaluation.
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The City agrees to provide Employee a reasonable opportunity to cure all substantive
criticisms;complaints.•and.suggestions with respect to Employee's performance.of his duties
and services pursuant to this Agreement.
Section 5. Hours of Work; Administrative Leave.
It is recognized that Employee must devote a great deal of time outside the normal office hours
to the business of the City,and to that end Employee will be allowed to,take cor pensatory time
alias Employee shall deem.appropriate during normal office hours,so long as the-business pC
the.City is not adversely affected. Work in excess.of forty(40)hours per week is deemed part of
the professional responsibility for which the Employee shall not be paid Overtime. in recognition
of the extra hours required of the City Manager,Employee shall receive.eighty'(80)hours of
Administrative Leave in July of each year,beginning in July of 2022,as set forth in the City's
Management Resolution.. Employee will receive forty(40)hours of Administrative Leave on the
Effective Date of this Agreement. Administrative Leave shall be used before June 30 each year
or it shall be deemed forfeited.
Page 3 of 8: Employment Agreement with Joseph Lessard for City Manager
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Section 6, Automobile Allowance. -
Employce's.duties'regture that,Employee-shall have the:use of.a motor vehicle at all times during
employrnent.widi the City: The City shall provide art automobile allowance of$400.00 per
month for the use.of said motor vehicle.for travel. Employee shall also receive reimbursement
for mileage at the IRS-mileage.rate.in•effect at the time for any travel beyond fifty (500).miies
from the City of Ashland. employee•shall be responsible for paying for insurance,operation;
maintenance;and repairs of the rnnotor vehicle.
Section 7. Health Insurance, Sick Leave,and Other Benefits.
A. Except as modified by this Agreement,Employee shall be entitled to receive,the same '
retirement,health insurance;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 Management.and Confidential Employees,as.set.forth in the City's Management •
Resolution in additionto any benefits-enumerated specifically for the Employee in.this
Agreement. Employee shall accrue vacation leave at the rate set forth in Subsection
of Resolution No.2021-18(14 hours for each.full calendar month of service) for the first
year of employment beginning on the Effective Date of this Agreement and at the rate set
forth in Subsection 6,I.4 of Resolution No.2021-18 after the first full year of
employment(16 hours for each full calendar months of service). Additionally,the.City
will provide forty(40)hours of vacation leave and forty(40)hours of sick leave on'the
Employee's first day of work. Sick leave shall accrue without limit;however;.Employee
• will not be entitled to receive any-form of compensation for unused sick leave upon
leaving employmett with the City. Employee will be required to use at least eighty (80)
hours of vacation leave annually..
B. Except as otherwise specifically provided in this Agreement,the Employee shall be
entitled,ata minimum,to the higheat level ofbenefits-that are enjoyed by or offered to
. Management and.Confidential Employees cif the City as prcivided in the City's
Management Resolution.
Section&. Housing Assistance. , .
At Employees option,the City agrees to either: a.) reimburse Employee for the actual cost of
any rental housing usedas.by Employee as a:residence'iu an amount of up to 52500.00(two
thousand five hundred•doilars) during Employee's first six(6)months of employment with the
city; orb.) provide-the City-owned property known as the.I-lardesty House to Employee for
Employee's use as a residence.for a period-not to exceed twelve(12)months beginning on the
Effective Date of this Agreement. The use ofthe Hardesty House shall be provided at the 2022
local Fair Market Rent set for two-bedroom houses of$11,95.00(one thousand one hundred and
ninety-five.dollars)per month. Employee may rent storage space at the Hardesty House property
for Employee's'household items or other belongings for a period not to exceed twelve(12)
months from the Effective Date for a monthly rental rate of$I00.00(one hundred dollars). If
Employee elects to use the Hardesty House as either a residence or as storage space,Employee
shall be required to execute.a waiver of liability and release of claims with the City prior to such
use.
Page 4 of 8;,.Cmpinymenit Agreement with Joseph Lessard for City Manager,
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Section 9. Memberships and Professional Development
The City hereby agrees to budget and to pay the professional dues and subscriptions of
Employee for Ins participation_in up to three(3)national,state,and local associations and
organizationsnecessary for Employee's continued professional growth.and advancement,and for
thegood of the City. The City agrees to budget for Employee,expenses to attend the annual
ICh1A.Oregon City/County Managers Association(OCCMA)and Oregon League of Cities
conferences. Expenses include registration fees,lodging,meal expenses, and mileage asset
forth in Section 6(Or airfare). If sufficient funds are available and budgeted,the City also agrees
to reimburse Employee in an amount not to exceed $2,000.00(tuna thousanddollars)annually for
registration fees,lodging,and other necessary travel and subsistence expenses of the Employee
when he represents the City at additional conferences,for irainings or seminars,or official
business meetings that serve the City's interest and are reasonably necessary to provide for the
Employee's professional advancement. Membership on any national or state government
commission or committee shall be subject to the approval of the City Council.
Section 10. Professional Liability and.13onding
A,1 The City agrees that,to the maximum extent permitted by law,it shall defend,hold
harmless;and indemnify the Employee from and against any costs, expenses,demands,
claims,suits,actions,or awards incurred in connection with or arising out of an alleged
act or omission occurring in the performance of the Employee's duties in his official
capacity,provided the incident arose while the Employee was acting within the scope of
his duties.
B. The City shall bear the full cost of any bonds that:Employee is required to obtain by
any law or ordinance:
Section 11. Termination and Severance Pay
A. For the purpose of this Agreement,termination shall occur when:
1. The City terminates the Employee in'accordance with the Ashland City Charter.the
Ashland Municipal Code,or a City personnel policy.
2. If the City,its citizens,or the legislature acts to amend any provision of the
• Ashland City Charter, the Ashland Municipal Code,or enabling state legislation
pertaining to the role,powers,duties,authority,or responsibilities of the
J Employee's position and such change substantially alters the City's form of
government,the Employee shall have the right to declare that such amendments
constitute termination.
3. if the.Employer reduces/the base salary,compensation,or any other financial
benefit of the Employee, unless such reduction is applied in no greater
percentage than the average reduction of all department heads,such action shall
constitute.a breach of this Agreement and will be regarded as a termination.
4. If the Employee resigns following an offer to accept resignation, conveyed in
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writing or during.a Council Business Meeting or an Executive Session,by the
Employer that is representative of the majority of the governing body that the
Employee.resign,then the Employee may declare a termination as'of the.date of
•the offer.
4. A breach of any provision of this Agreement by the•City which is not cured
within thirty (30)calendaar days after written notice from Employee describing
the-conduct that constitutes a breach.
• 5.. A breach ofany provision of the Agreement by the Employee isnot cured
within thirty(3tl)days of written notice from'City describing the conduct that
constitutes.a breach.Eiiployee's'refusal to comply with a diredtive.t}iat
violates the ICMA Code of Ethics shall in no event be deemed as conduct that
constitutes a breach of contract
B. In the event Employee is dismissed by the City during the term of this.Agreement,and
Employee is not being dismissed for any reason set forth in Subsection A.1, Subsection
A.5.,.Subsection C,or Subsection')of•this Section 113 the City agrees to offer Employee
a severance,agreement. Such.severance agreement shall not be unreasonably withheld.
The amount of severance pay to beoffered to Employee in the severance agreement shall
be equal to twelve(12)months of the Employee's monthly base salary at the tithe of
dismissal during the first two(2)years of employment. The amount of severance pay to
be offered to Employee in a severance.agreement shall be reduced to an amount,equal to
nine(9)months of the Employee's-monthly base salary at the time of dismissal beginning
in.year three(3)of his employment and shall be further reduced to an.amount equal to.:six
(6)months of the Employee's monthly base salary at the time of dismissal beginning in •
year four(4)of his employment with the City.
In addition,the severance agreement offered to Employee will require the City to
continue to pay the employer portion of the premiums for medical and dental insurance
coverage through the end of the month the Employee's severance pay is intended Co cover
or until the last day of the month in which Employee obtains employment with alternative
insurance°whichever occurs earlier.
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As a condition of the severance agreement,the Employee will be required to fully
release the'City,its officers,representatives,insurers, and employees from any and all
claims arising from employment with the City and the separation of employment.
C. Employee will not be eligible to receive the severance agreement described in this
Section 11.-)if Employee breaches-any provision of thus Agreement,or if Employee
neglects his duties or engages-in any act of misconduct in the performance of duties on
behalf of the City. The term"misconduct'includes misappropriation,dishonesty,breach
of trust,insubordination,neglect of deity,fail ure to perform duties in a manner that is
consistent with applicable la v,or failure to correct performance.deficiencies identified ha
writing by the City Council after a reasonable opportunity,as.determined by the City,to
correct the deficiencies;,committing any violation of City policies or standards that tote
City.deems a serious violation;or engaging in other acts Or omissions demonstrating a
Page 6 of 5: Employment Agreement with.Joseph Lessard for City Manager
disregard for the interests.of the City. The term"misconduct"also includes engaging in
criminal acts or in any other.off-duty behavior that the City views as:impairing'the
Employee's ability to effectively perform the Employee's duties oras materially
jeopardizing the reputation of the City.
D. Employee will not he eligible to receive the severance agreement described in this
Section 11 if Employee,in accordance with applicable law,is dismissed due to a
disability that prevents Employee from performing the duties of the position
Section 12. Amendments to Agreement.
City may,upon agreement with the Employee and by written amendment 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,provided such terms and.conditions are not inconsistent or in
conflict with the provisions of this Agreement,
Section 13. Moving and ilaeloeation Expenses
The City will pay the,expenses associated with moving Employee's household to the City of
Ashland and will reimburse the actual costs associated with the move in an amount not to exceed
520,000(twenty thousand U.S.dollars). Moving expenses include packing,moving, storage
costs,unpacking, and insurance charges for moving and storing Employee's household goods.
Moving expenses may also include actual lodging and meal expenses and mileage costs for
moving two personalautomobiles and shall be reimbursed at the current IRS allowable rate
while the Employee is in transit, Moving expenses may also include actual lodging,steal
expenses,and mileage(or airfare)for travel between the cities of Ashland and Austin,Texas,for
the Employee and his spouse for purposes of securing a residence in Ashland or for managing
Employee's household relocation to Ashland from Austin,including oversight of final
arrangements for Employee's vacated Austin housing. Due to the shortness of time available to
Employee to relocate to the City of Ashland before the Effective Date of employment,Employee
shall be allowed to use compensatory leave for travel between the cities of Ashland and Austin
and for moving Employee's personal automobiles. The provisions of this Section 13 shall be in.
addition to any reimbursements due to Employee for expenses incurred on behalf of the-City for
Employee's final employment selection interview trip to Ashland from-November 30 to
December 6,2021.
Section 14. Other Terms arid.Conditions of Employment.
The Employee is subject to all personnel policies of the City and the City's Management and
Confidential Employees Resolution except to the extent that they are inconsistent with an
express provision setforth in this Agreement. In.the event of any conflict between the terms,
conditions,and provisions of this Agreement and the terms or provisions of the.City's personnel
policies,including.the City's Management and Confidential Employees Resolution,the terms of
this Agreement shall take precedence.
Page 7 of 8 Ettiploymoat Agr ernent with Joseph Lessard for City Manager
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Seetio 5. '•ERSPaek_kap,
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hoeEiployeioe11ePuieh6Ep1oyesReireaet stem(PE?S).dhEmS `atith =fisteraisiblc Portun � nlo�ee otribuiuns,toPERS iin1l tilCI ed'U•)
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• 31iy the City Employee sliall�not•ha, e#lie pttron of rere unn money designat •for',
retireiiient cointributions and`.dir ctiy making me contribution in PERS_. -
Seetioti 16 Severability.
II'an}term of lrovis3O4of tins A eipent1'neld*:a court ofpompetentjurtsdietion to•lie
illegal tar an conflrct th tie Ia7.ws.+ofth•e St tie of Otegou the validi ofthe ru nau ig portions.; !
•of#lie Agreement slii11 not;be affected,anti•the rights and ohligations ofrtigr,0rties shall be.
construed and•enfcirced a. if the Agreement did not;eoritairi hetarticular tertr►'or: ir'ovisian.
Sedco 7 :Complete A eement .
This Agreement eanstitiites the entire understai ding15et teen the Cit t;ai d EmployO,and
supersedes ali prior agreerOnts,representations,and understandings between:then[;whether ori.
or in.ro riting. °I o suppletr ent,modification e �or;amendment 0'04 AgTeemr►etti shall,be binding;ort
- the City unlesq;.it is sit forth,in wilting and:si00'by the Iwlayr r.' id approved by the Cir •
Gunned• l,ikewise,.no waiver of any provis o0 of this Agieettteht shall be valid unless set forth
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in writing:and signeil:by the.:Mayor:'andappi.ove-dby.th&Citj+Council. : ' .
•Dated this 1 day of.t)ecew•bQ . •- 21:,20 . . , .
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. . . J.O- Aluis Gatllutan _ . . . . . : :
A -or'. • • ry MCiti,Manager Pro Teat
. Accepted tins_!t day of,. e'...g .bc..r .,202 ';L .
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.Tae h; d
•:Employee - :
• Tags 3 oft F.mplovmetit:A ernentiAtii:loserth Lessard for City Manager, •