HomeMy WebLinkAbout2020-104 Employment Agreement Public Works Director CITY OF ASHLAND
Employment Agreement
Public Works Director
THIS AGREEMENT, made and entered into thisu) day of October, by and between
the City of Ashland ("City") and Scott Fleury("Employee").
RECITALS
A. City desires to employ the services of Employee as the Public Works Director of
the City of Ashland; and,
B. It is the desire of the City to establish certain conditions of employment for
Employee; and,
C. It is the desire of the City 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 assuming 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 Public Works Director of the City of
Ashland, and to begin his employment October 21, 2020.
City and Employee agree as follows:
Section 1. Duties.
• The City hereby agrees to employ Scott Fleury as the Public Works Director of the City
of Ashland to perform the functions and duties specified in the City Charter, City
Ordinances, 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 City
Council shall from time to time assign. The Public Works Director shall devote full time
to the performance of his duties.
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 Public Works Director at any time,
subject only to the provisions set forth in the section titled "Severance pay"of this
agreement. Except as specifically provided in this Agreement, Employee shall
serve at the pleasure of the City, without any requirement to 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 agreement.
C. Employee agrees to remain in the employ of the City until October 21, 2023, 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. This provision shall not restrict Employee
from using vacation or personal leave for teaching, consulting or other activities
provided these activities do not conflict with the regular duties of the Employee
and are approved in writing by the Mayor, with the consent of the City Council.
D. 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, this agreement shall be
extended for successive three-year periods on the same terms and conditions
provided herein.
E. In the event Employee wishes to voluntarily resign the position during the term of
this agreement, Employee shall be required to give the City thirty(30)days
written notice of such intention, unless such notice is waived by the Mayor, with
consent of the City Council. Employee will cooperate in every way with the
smooth and normal transfer to the newly appointed individual.
Section 3. Salary
Beginning October 21, 2020, City agrees to pay Employee a monthly salary at step 3 of
the salary schedule ($57.4986/hour). Employee will advance to step 4 in the salary
range for his position in December based on successful performance as determined by
the City Administrator/Manager. The City agrees to annually increase the monthly salary
and/or benefits in the same percentage as may be accorded other department heads. In
addition, the Mayor and City Council agree to review the base salary and other benefits
of the Employee at the Employee's annual performance review, and to make such
adjustments, if any, which it deems appropriate.
Section 4. Performance Evaluation.
The City Administrator/Manager shall review and evaluate the performance of the
employee at least once annually. Employee shall receive a written copy of the
performance evaluation and be provided an adequate opportunity for the employee to
discuss the details of the evaluation.
Section 5. Hours of Work.
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
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
(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
Public Works Director, Employee shall receive forty(40) hours of administrative leave
each year to be used before June 30th or deemed forfeited. Employee will receive
additional administrative leave if granted by the City Council in the Management
Resolution adopted each year.
Section 6. Automobile.
Employee's duties require that Employee shall have the use of a motor vehicle at all
times during employment with the City. The City shall provide an automobile allowance
of$350.00/month for the use of said automobile for travel. Employee shall be
responsible for paying for insurance, operation, maintenance and repairs of the vehicle.
Section 7. 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 other
department head, as spelled out in the City's Management Resolution in addition to any
benefits enumerated specifically for the benefit of Employee as provided in this
agreement.
Section 8. 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, growth and advancement, and for the good of the City.
Section 9. Professional Development
The City hereby agrees to annually budget and allocate sufficient funds to pay
necessary travel and living expenses of the Public Works Director while he represents
the City at conferences, trainings, official business meetings or professional
organizations that serve the City's interest and/or are reasonably necessary to provide
for the professional advancement of the Public Works Director. Membership on any
national or state commission or committee shall be subject to the approval of the City
Administrator/Manager.
Section 10. 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 the Public Works Director in his individual capacity or in his
official capacity, provided the incident arose while the Public Works Director was acting
within the scope of his employment. If in the good faith opinion of the Public Works
Director conflict exists as regards to the defense of any such claim between the legal
position of the city and the Public Works Director, she may engage counsel in which
event, the City shall indemnify the Public Works Director for the cost of legal counsel.
Section 11. Severance Pay
A. In the event Employee is dismissed during the term of this Agreement, and
Employee is not being dismissed for any reason set forth in paragraphs B or C of
this section, the City agrees to offer Employee a severance agreement. The
amount of severance pay to be offered to Employee in the severance agreement
shall be equal to the employee's monthly base salary at the time of dismissal;
times the number of months that employee has been employed up to a maximum
of six(6) months.
In addition, the severance agreement offered to the employee will require the
City to continue to pay the employer portion of the premium for medical and
dental insurance coverage through the end of the month the Employee's
severance pay is intended to cover or until the last day of the month in which
Employee obtains employment with alternative insurance whichever occurs
earlier.
As a condition of the severance offer, the Employee will be required to release
the City, its officers, representatives, insurers, and employees from claims arising
from employment with the City and separation of employment.
B. Employee will not be eligible to receive the severance offer described in
Paragraph A of this section if this Agreement is not renewed by the City, as
provided in Section 2, above. Employee also will not be eligible to receive the
severance agreement offer if Employee breaches any provision of this
agreement, or if Employee 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 duty, failure to perform
duties in a manner that is consistent with applicable law, failure to correct
performance deficiencies identified in 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 the City deems a
serious violation; or engaging in other action demonstrating a disregard for the
interest of the City. The term "misconduct"also includes engaging in criminal
acts or other off-duty behavior that the City views as impairing the Employee's
ability to effectively perform the Employee's duties or jeopardize the reputation of
the City.
C. Employee will not be eligible to receive the severance offer described in
Paragraph A of this Section 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. 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, provided such terms and conditions are not
inconsistent or in conflict with the provisions of this agreement.
. Section 13. Severability.
In 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 14. Other Terms and Conditions of Employment
The Employee is subject to all personnel policies of the City of the City and the City's
Management Resolution except to the extent that they are inconsistent with an
expressed term of this agreement.
Section 15. 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.
Section 16. Complete Agreement
This agreement shall constitute the entire agreement between the City and Employee
and supersedes all prior agreements, representations and understandings between
them. No supplement, modification or amendment of this Agreement shall be binding on
the City unless it is set forth in a writing that is signed by the Mayor and approved by the
City Council. Likewise, no waiver or any provision of this Agreement shall be valid
unless set forth in writing that is signed by the Mayor and approved by the City Council.
Dated this 2o1 ' day of October, 2020.
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Melissa Huhtala J• Stromberg f
City Recorder Mayor l�
Accepted this 7 dlday of October, 2020
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Scott Re ,iM