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