HomeMy WebLinkAbout2006-240 Employment Agrmt - Bennett CITY OF ASHLAND
Employment Agreement
City Administrator
THIS AGREEMENT made and entered into thisot7 day of April, 2006, by and between
the City of Ashland ("City") and Martha Bennett ("Employee").
RECITALS:
A. City desires to employ the services of Employee as City Administrator for the City
of Ashland; and
B. It is the desire of the Mayor and City Council 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 when City may otherwise desire to
terminate Employee's services; and
D. Employee desires to accept employment as City Administrator for the City of
Ashland, and to begin her employment on May 22, 2006.
City and Employee agree as follows:
Section 1. Duties. The city hereby agrees to employ Martha Bennett as the City
Administrator for the City 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 City Administrator shall devote
full time to the performance of her duties.
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 the City Administrator at any time,
subject only to the provisions set forth in this agreement.
B. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right
of the Employee to resign at any time from her position with the City, subject only
to the provisions of this.agreement.
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C. Employee agrees to remain in the employ of City until May 2009, 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
occasional teaching, writing or other activities provided these activities do not
conflict with the regular duties of the Employee or otherwise create a conflict of
interest for the City.
D. In the event written notice is not given by either party to terminate this agreement
at least six months prior to the termination date, this agreement shall be
extended for successive three-year periods on the same terms and conditions as
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 six weeks written
notice of such intention, unless such notice is waived by 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. Beginning May 22, 2006, City agrees to pay Employee a monthly
salary of$10,023 (Step 4 of 5), for the first six months. Upon completion of a
satisfactory 6 month performance evaluation by the Mayor and City Council, employee
would advance to the top step of $10,422/month, 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. 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 Mayor and City Council shall review and
evaluate the performance of the employee at least once annually. Said review and
evaluation shall be in accordance with specific criteria developed jointly by City and
Employee. Further, employee shall receive a written copy of the findings of the
evaluation process and provide and 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 business of the City, and that flexibility in hours
worked and work schedules benefit both the City and the Employee. The Employee
shall have discretion over her work schedule, so long as the business of the City is not
adversely affected. Work in excess if an average forty (40) hour work week shall be
deemed part of the professional responsibility for which the Employee shall not be paid
overtime but for which she shall receive ten (10) days of administrative leave each year,
which shall be paid if not taken as time off by June 30 of each year.
Section 6. Automobile. Employee's duties require that Employee shall have the
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a
exclusive use at all times during employment with the City of an automobile to carry out
the business of the City. The City shall provide an automobile allowance of$400/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. Benefits. Except as modified by this agreement, Employee shall receive the
same fringe benefits and working conditions as they now exist or may be amended in
the future, as apply to any other department head. With respect to vacation benefits,
the Employee shall initially accrue vacation leave with pay at the rate of fourteen hours
(14) per month, and shall therefore accrue additional vacation hours at five year
intervals, at the same rate as City Department Heads. In addition, the City will credit
ten (10) days of vacation leave to her account upon employment, which shall be in
addition to the vacation time she would otherwise accrue as a City Employee.
Section 8. Dues, Subscriptions, Professional Development, and Civic Involvment
A. Employer agrees to budget for and to pay for professional dues and subscriptions of
the Employee necessary for continuation and full participation in national, regional,
state, and local associations, and organizations necessary and desirable for the
Employee's continued professional participation, growth, and advancement, and for
the good of the Employer.
B. Employer agrees to budget for and to pay for reasonable travel and subsistence
expenses of Employee for professional and official travel, meetings, and occasions
to adequately continue the professional development of Employee and to pursue
necessary official functions for Employer, including but not limited to the ICMA
Annual Conference, the state league of municipalities, and such other national,
regional, state, and local governmental groups and committees in which Employee
serves as a member.
C. Employer also agrees to budget for and to pay for reasonable travel and
subsistence expenses of Employee for short courses, institutes, and seminars that
are necessary for the Employee's professional development and for the good of the
Employer.
D. Employer recognizes that certain expenses of a non-personal but job related nature
are incurred by Employee, and agrees to reimburse or to pay said general
expenses. The finance director is authorized to disburse such moneys upon receipt
of duly executed expense or petty cash vouchers, receipts, statements or personal
affidavits.
E. The Employer acknowledges the value of having Employee participate and be
directly involved in local civic clubs or organizations. Accordingly, Employer shall
pay for the reasonable membership fees and/or dues to enable the Employee to
become an active member in local civic clubs or organizations.
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Section 9. Severance Pay.
A. In the event of the involuntary termination of the City Administrator during the
term of this agreement, or a successor agreement, she shall be entitled to
receive a lump sum payment equal to six (6) months aggregate salary and
benefits. The Severance pay sum shall be paid to the City Administrator within
thirty (30) days after termination.
B. In the event Employee is terminated because of her conviction of any crime
involving moral turpitude or illegal act involving personal gain to her or, at the
written determination of the City Council, for Employee's documented failure to
adequately perform the duties of City Administrator, then, in either event, City
shall have no obligation to pay the aggregate severance sum designated in
Section 9.A.
Section 10: Termination
For the purpose of this agreement, involuntary termination shall occur:
A. If the Mayor with consent of the Council discharges or dismisses the employee.
B. If the Employer, citizens or legislature acts to amend any provisions of the Charter
or City code pertaining to the role, powers, duties, authority, responsibilities of the
Employee's position that substantially changes the form of government in such a
way to reduce or further limit the responsibilities of the City Administrator.
C. If the Employer reduces the base salary, compensation or any other financial
benefit of the Employee, unless it is applied in no greater percentage than the
average reduction of all department heads.
D. If the Employee resigns following an offer to accept resignation, whether formal or
informal, by the Mayor or City Council that the Employee resign.
Section 11. 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 12: Moving and Relocation Expenses
Employee agrees to establish residence within the corporate boundaries of the City of
Ashland, and thereafter to maintain residence within the corporate boundaries of the
local government. The City will pay expenses associated with moving Employees
household from Hood River, Oregon, to Ashland in an amount not to exceed $15,000.
Moving expenses include packing, moving, storage costs, unpacking, and insurance
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charges. Moving expenses also include actual lodging and meal expenses and mileage
costs for moving two personal automobiles shall be reimbursed at the current IRS
allowable rate while the Employee is in transit from Hood River to Ashland. Moving
expenses shall also include lodging, meal, expenses, and mileage (or airfare) for up to
two visits to Ashland for the Employee for the purpose of securing a residence.
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. 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 15. Amendments. Amendments to this agreement shall be in writing, signed
by both parties, except changes to Employee's salary and/or fringe benefits (including
retirement benefits) may be made by motion of the City Council, subject to the
provisions of Section 10 of this agreement.
Dated his ,& of 2006.
b
arbara Christensen, City Recorder Joh Morrison, ayor
Accepted thispof 2006.
A ha Benne
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