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HomeMy WebLinkAbout2022-11-21 I04 Police Chief Appointment and Terms of EmploymentAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: November 21, 2022 AGENDA ITEM:Consideration of approval of a resolution approving the appointment of a new Police Chief for the City of Waukee and establishing terms of employment. FORMAT:Mayor’s Appointment and Resolution SYNOPSIS INCLUDING PRO & CON: Police Chief John Quinn previously announced his intention to retire from his position December 30, 2022, after 8 ½ years of distinguished service to the City of Waukee. The Waukee City Council approved a contract with Cayler Consulting, LLC, for Police Chief executive search services. After a nationwide search, four finalists were interviewed for the position with Mayor Clarke appointing Eric “Chad” McCluskey to the position of Police Chief beginning January 16, 2023. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed resolution II. Employment Agreement PREPARED BY:Michelle Lindsay REVIEWED BY: . I4 THE CITY OF WAUKEE, IOWA RESOLUTION 2022- APPROVING THE APPOINTMENT OF A NEW POLICE CHIEF FOR THE CITY OF WAUKEE AND ESTABLISHING TERMS OF EMPLOYMENT IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, Police Chief John Quinn will retire on December 30, 2022, after 8½ years of distinguished service to the City of Waukee; AND, WHEREAS, on July 18, 2022, the Waukee City Council approved a contract with Cayler Consulting, LLC, for Police Chief executive search services (Resolution #2022-310); AND, WHEREAS, after a nationwide search, and conducting interviews with four finalists for the position, Mayor Clarke appoints Eric “Chad” McCluskey to the position of Police Chief, under the terms and conditions of the employment agreement, beginning January 16, 2023; AND, NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that Eric “Chad” McCluskey should be and the same is appointed as Police Chief effective January 16, 2023, and shall be responsible for the duties of the Police Chief, subject to the terms and conditions set forth in the Employment Agreement . BE IT FURTHERED RESOLVED that the Employment Agreement attached hereto is hereby approved and the Mayor is authorized to execute the same. Passed by the City Council of the City of Waukee, Iowa, and approved in session this 21st day of November 2022. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair 1 CITY OF WAUKEE EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT made and entered into this 21st day of November 2022, by and between CITY OF WAUKEE, Iowa (thereinafter called “Employer”), and Eric “Chad” McCluskey (hereinafter called “Employee”), both who understand as follows: WHEREAS, Employer desires and needs the services of an employee to serve in the capacity of Police Chief; and WHEREAS, Employer desires to retain the services of Employee as Police Chief; and WHEREAS, it is the desire of the City Council of the City of Waukee, Iowa (hereinafter called “Council”) to provide certain benefits, establish certain conditions of employment, and set working conditions of said Employee; and WHEREAS, it is the desire of Employer (1) to retain the services of Employee and to provide inducement for him to remain in such employment; (2) to establish the job duties and responsibilities of said Employee; and (3) to provide means for terminating Employee’s services when Employer may desire to terminate his employ; and WHEREAS, Employee desires to be employed as Police Chief. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Employee understands that he serves as Police Chief at the pleasure of the Mayor and subject to the consent of the City Council. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Mayor, subject to the consent of the City Council, to determine that Employee shall no longer serve as Police Chief, subject only to the provisions set forth in this Agreement. 2. Nothing shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with Employer, subject only to the provisions set forth in this Agreement. 3. Employee’s employment term shall begin January 16, 2023, through December 31, 2023. This employment term may be renewed on an annual basis for one (1) year terms. Neither Employer nor Employee shall have any obligation to renew the contract for any additional terms after the expiration of the initial term. 4. In the event Employee voluntarily resigns his position with Employer during a contract term, Employee shall give Employer two (2) months written notice in advance unless the parties otherwise agree. In the event Employee voluntarily resigns his position with Employer during a contract term and provides the proper written notice, Employee shall not be entitled to severance benefits of any kind, except he shall receive payment for unused vacation and other benefits usually paid other Employees at termination pursuant to Employer’s policies and procedures. If Employee does not provide proper written 2 notice and voluntarily resigns his position with Employer during a contract term, Employee shall not be entitled to receive any severance benefits, nor shall he be entitled to receive payment for any unused vacation or other benefits that may be paid other Employees at termination. 5. In the event the Employer or Employee do not intend to renew the employment contract, ninety (90) days written notice prior to the expiration of the contract shall be given by one party to the other. In the event the Employer fails to give such non-renewal notice, the Employee shall be entitled to receive ninety (90) days severance pay from the end of the contract period (December 31) in addition to all other benefits provided in the Employer’s policies and procedures, provided the Employee signs a Release of all claims pursuant to paragraph 7 below. Employee is only required to work until the end of the contract period. In the event Employee fails to give such non-renewal notice, Employee shall not be entitled to severance benefits of any kind, nor shall he be entitled to receive payment for any unused vacation or other benefits that may be paid other Employees at termination. 6. Employer may terminate this contract at any time with or without cause. A. If Employee is terminated for cause, he shall receive no severance pay, except he shall receive payment for unused vacation and other benefits usually paid other Employees at termination pursuant to the Employer’s policies and procedures. For purposes of this Agreement, the Term “cause” shall mean misconduct, including but not limited to conduct, whether personal or professional, which may bring public embarrassment or disgrace to the Employer; violation of law or regulations; unsatisfactory performance; inattention to duty; excessive absenteeism; incompetence; misconduct in the performance of duties; or insubordination. B. In the event Employer wishes to terminate the contract without cause, it may do so by giving the Employee thirty (30) days notice in writing. In such event, the Employee, if requested by the Employer, shall continue to render his services and shall be paid his regular compensation to the date of termination per the written notice. Upon termination without cause and provided Employee signs a Release of all claims pursuant to paragraph 7 below, the Employee shall be entitled ninety (90) days of severance pay from the date of termination and payment of unused vacation and other benefits usually paid other Employees at termination pursuant to Employer’s policies and procedures. All fringe benefits the Employee is participating in at the time of separation shall also continue for ninety (90) days. 7. With respect to any severance payments made to Employee as outlined in paragraphs 5 and 6B above, as a condition of receiving the severance payments, Employee shall sign a Release of all claims in favor of the Employer. The Release shall state that Employee fully and forever releases and discharges the City and its elected officials, directors, officers, employees, agents, trustees, administrators, consultants, contractors, and attorneys, whether past, present, or future, and all predecessors, successors, and assigns thereof from any and all claims, demands, agreements, causes of action, injunctions, and restraints or 3 liabilities of whatever kind, whether in law, equity, or otherwise, and whether now known or with reasonable diligence could have been known, including but not limited to, claims, liabilities, or causes of action relating to or arising out of Employee’s recruitment, hiring, employment, or separation from employment with the City, such as (by way of example only) claims under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §621 et. seq., Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§2000 et seq., The Civil Rights Act of 1991, the Americans With Disabilities Act, 42 U.S.C. §§12181-12189, The Employee Retirement Income Security Act of 1974, as amended, the Iowa Civil Rights Act, as amended, Iowa Code §§216 et seq., Iowa Code §70A.28, the Iowa Wage Payment Collection Law, Iowa Code §91A, claims under any local rule, state or federal statute, claims under common-law, claims for breach of contract, claims for any tort, claims for any wrongful discharge, or any other claims which could have been, but have not been asserted. 8. Employer shall furnish the Employee all equipment, material, manpower and transportation necessary to the efficient performance of the official duties as Police Chief as determined by the City Council. 9. Employee shall perform those duties as outlined in the job description and ordinances of the City of Waukee, which establishes the Police Chief position. 10. Employee shall devote his full time and talents to the best of his ability to the best interest of the City of Waukee, in the discharge of his duties. 11. Employer agrees to pay Employee for his services rendered, at an annual base salary of $133,962 beginning January 16, 2023. The amount of said base salary shall be set by City Council resolution, which resolution, when adopted, shall become a part of this Section of the Agreement. Employer shall not, at any time during the term of this Agreement, reduce the salary or other benefits of Employee, except to the degree of such reduction across-the-board for all Employees of Employer. In addition, Employer shall contribute to Employee’s deferred compensation benefit plan under section 401(A) of the Internal Revenue Code an annual contribution as outlined in the plan documents. 12. Employee shall be entitled to those benefits made available to City employees as outlined in the “City of Waukee Employee Handbook”, which may be changed from time to time by the City. Employee shall not receive overtime pay and shall be expected to be on-call twenty-four (24) hours a day and work whatever hours are necessary to efficiently perform the duties of Police Chief. E. PROFESSIONAL DUES AND SUBSCRIPTIONS. Employer shall budget and pay for professional dues and subscriptions necessary for Employee’s memberships in various associations and organizations which are necessary and desirable for his continued professional participation and growth for the good of Employer, and will normally pay for annual attendance at one national law enforcement conference and other appropriate regional/state/local professional development or training expenses that have been previously approved by the City Council. 4 H. AUTOMOBILE ALLOWANCE. Employer agrees to provide an automobile allowance of $400.00 per month. I. CELL PHONE ALLOWANCE. The employee will be provided a city owned cell phone for City use only. 13. Employee agrees to maintain residency within a 30-minute radius of the City limits for the duration of the Agreement. 14. This Agreement shall become effective commencing on January 16, 2023, and be governed by the laws of the State of Iowa. If any provision, or any portion thereof, contained in the Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WHEREOF, the City of Waukee has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed and executed this Agreement on the 21st day of November 2022. CITY OF WAUKEE EMPLOYEE By: _______________________________ By: _______________________________ Courtney Clarke, Mayor Eric “Chad” McCluskey Date: _____________________________ Date: ______________________________ ATTEST: By: ________________________________ Becky Schuett, City Clerk November 7, 2022