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HomeMy WebLinkAbout1996-103 Agrmt - Greg ScolesC I T Y O F A S H L A N D July 3, 1996 Mr. Greg Scoles 314 Mountainview Court Newberg OR 97132 Dear Greg: C I T Y H A L L ASHLAND, OREGON 97520 telephone (code 503) 482-3211 The enclosed employment agreement has been signed by the Mayor and City Recorder today and includes the most current figures regarding your employment offer with the City. If all meets with your approval, please sign and return the agreement and attachments to me. A copy of the signed agreement will be returned to you. We are looking forward to your arrival. Sincerely, Brian L. Almquisi City Administrate (r: contractlscoles.agt) Enclosures - Aglreenlent w/2 attachments CITY OF ASHLAND Employment Agreement Assistant City Administrator THIS AGREEMENT, made and entered into this Z7f day of , 1996, by and between the City of Ashland ("City") and Greg Scoles ("Employee"). Recitals: A. City desires to employ the services of Employee as Assistant City Administrator of the City of Ashland; and B. It is the desire of the City Council, acting through the City Administrator, to establish certain conditions of employment for Employee; and C. It is the desire of the Council 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 assuring 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 Assistant City Administrator of City; City and Employee agree as follows: Section 1. Duties. City agrees to employ Employee as Assistant City Administrator to perform the functions and duties specified in the job description for the position, and to perform other legally permissible and proper duties and functions as the City Administrator shall from time to time assign. Section 2. Term. A. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City to terminate the services of Employee at any time, subject only to the provisions set forth in this agreement. B. Employee agrees to remain in the exclusive employ of City until July 1, 1999, 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. C. In the event written notice is not given by either party to terminate this agreement at least 120 days prior to the termination date, this agreement shall be extended for successive three year periods on the same terms and conditions. This provision shall not restrict Employee from using vacation or personal leave for teaching, consulting or related activities provided these activities do not conflict with the regular duties of the Employee. D. In the event Employee wishes to voluntarily resign his position during the term of this agreement, he shall be required to give the City six weeks written notice of such Assistant City Administrator Employment Agreement intention, unless such notice is waived by the City Administrator with the approval of the Mayor and City Council. Employee will cooperate in every way with the smooth and normal transfer to the newly appointed individual. Section 3. Salary. City agrees to pay Employee a monthly salary of 5766, payable at the same time and in the same manner as other employees of the City are paid. In addition, City agrees to annually increase the monthly salary and/or benefits in the same percentage as may be accorded other department heads. Section 4. Performance Evaluation. The City Administrator shall review and evaluate the performance of the Employee at least once annually. This review and evaluation shall be in accordance with specific criteria developed jointly by City and Employee. Further, the City Administrator 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 the evaluation with the City Administrator. Section 5. Hours of Work. It is recognized that Employee must devote a great deal of time outside the normal office hours to 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 department is not adversely affected. Section 6. Automobile. Employee's duties require that Employee shall have the exclusive use at all times during employment with the City of an automobile provided by the City to carry out the business of the City. City shall provide an automobile allowance of $300 for said automobile. Employee shall be responsible for paying for insurance, operation, maintenance and repairs of said vehicle. Section 7. 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 may be amended in the future, as apply to any other department head, 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 participation, growth and advancement, and for the good of the City. Section 9. Professional Development. A. City agrees to budget for and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for City as deemed appropriate by City. 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 10. PERS Pick-up. Employee contributions to the Public Employees' Retirement Assistant City Administrator Employment Agreement 2 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 11. Professional Liability. City agrees to defend, hold harmless, and indemnify Employee 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 Employee was acting within the scope of his employment. 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. Section 13. 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 14. Termination and Severance Pay. In the event Employee is terminated by the City before expiration of the term of employment and during such time that Employee is willing and able to perform the duties under this agreement, then in that event City agrees to pay Employee a lump sum cash payment equal to three months' aggregate salary; provided, however, that in the event Employee is terminated because of the conviction of any crime involving moral turpitude or illegal act involving personal gain to Employee, then, in that event, City shall have no obligation to pay the aggregate severance sum designated in this paragraph. Section 15. Specific Contractual Conditions. See attachment #1, Letter of June 6, 1996 Offer of Employment amended by attachment #2, Letter of June 28, 1996. Dated this -3 day of J 1996. t rrtc 111-41 Barbara Christensen, City Recorder Accepted this :J?k, day of v , 1996. a I (a6? Gr toles Catherine M. Golden, Mayor Assistant City Administrator Employment Agreement 3 ONFIDENTIAL June 6, 1996 Mr. Greg Scoles 314 Mountainview Court Newberg OR 97132 RE: Offer of Employment Dear Greg: As agreed in our telephone conversation today, I will set forth herein my offer of employment to you, recognizing that should you accept it is subject to ratification by the City Council. 1. The salary range would be $5176-5383-5598-5822 ($62,112 - $69,864). You would begin at the M step (5822). A cost of living increase is also expected on July 1. 2. Upon beginning work, you would be credited with 15 working days of vacation and would begin accruing vacation at 15 days per year. After each five years, this would increase as set forth in the Management Resolution. 3. Upon beginning work, you would be credited with 6 days sick leave and would begin accruing sick leave at 1 day per month. 4. The City would pay any health and dental insurance premiums on your current plan until City insurance becomes effective. Since Newberg also has the League Plan, we should be able to make the transfer immediately. 5. The City will provide a monthly automobile allowance of $300 per month. You would be responsible for insurance, operation and maintenance. 6. All of the other fringe benefits applicable to management employees. 7. Your salary would be subject to the 6% PERS employee contribution, but would be deducted prior to applying State and Federal withholding taxes. 8. The City will provide moving expenses for your personal belongings to Ashland. You will need to get a couple of quotes. r. Greg Scoles June 6, 1996 page 2 9. The City will provide mileage, lodging, and meals for you and your spouse for up to two trips to Ashland to locate housing. I am also prepared to recommend a three-year employment agreement setting forth the above terms, as well as other provisions. The City administration and our elected officials are looking forward to your arrival. I look forward to hearing from you soon. Best regards, Brian L. Almquist City Administrator (r:Agt\Wilson.agt) Enclosure - Employment Agreement Attachment #1 C I T Y O F A S H L A N D June 28, 1996 Mr. Greg Scoles 314 Mountainview Court Newberg OR 97132 RE: PERS Pick-up Dear Greg: C I T Y H A L L ASHLAND, OREGON 97520 telephone (code 503) 482-3211 As we discussed earlier this week, the Supreme Court's decision on Ballot Measure 8 will allow the City to pick up the 6% employee contribution. I had earlier informed the Council that, in order to compensate for the fact that we were unable to do so, the pay range would need to be adjusted up one range. In light of this recent development, I would like to propose that we (1) leave the pay range as proposed, (2) establish your initial salary at the third step, and (3) pick up the 6%. The net effect will actually increase your take home pay by about $44 as follows: Monthly gross Bi-weekly Pre-tax PERS Fed'1 w/h State w/h FICA Medicare Net *Based on 5 exemptions. Original Proposal* 5,822.00 2,687.20 -161.23 2,525.97 -313.00 -182.14 -166.61 -38.96 1,825.26 With 6% Pick-un* 5,598.00 2,584.00 -0.00 2,584.00 -330.00 -187.00 -160.21 -37.47 1,869.32 If you are in agreement, this will require a couple of minor modifications to the contract and to include this letter as a modification of my letter to you dated June 6. Mr. Greg Scoles June 28, 1996 page 2 You would also be eligible to increase to the final step ($5822) on your anniversary date. On Tuesday night, I am proposing an increase for all management positions which, if approved, will add 3 % to the numbers I have given you. Sincerely, Brian L. Almquist City Administrator( (r:pers\scoles.sgQ Attachment #2