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HomeMy WebLinkAbout2024-05-06 I01L Police Contract BuyoutAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: May 6, 2024 AGENDA ITEM:Consideration of approval of a resolution approving Buyout/Reimbursement training Expense Agreement FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: Farhoud Golafshan recently accepted an offer of employment with the Waukee Police department as a certified Police Officer with an anticipated start date of May 13, 2024. The City has agreed to buyout the balance of Mr. Golafshan’s training agreement with the City of Mitchellville and establish terms in the event the employee is terminated or resigns from the Waukee Police Department without having served as a certified Police Officer for at least two years from the date of hire. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Estimated $7,154.35 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff recommends approval of the Buyout/Reimbursement Training Expense agreement. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I.Proposed Resolution II. Buyout/Reimbursement training Expense Agreement PREPARED BY:Michelle Lindsay REVIEWED BY: . I1L THE CITY OF WAUKEE, IOWA RESOLUTION 2024- APPROVING BUYOUT/REIMBURSEMENT TRAINING EXPENSE AGREEMENT BETWEEN FARHOUD GOLAFSHAN AND THE CITY OF WAUKEE, IA 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, the Waukee Police Department has made an offer of employment as a certified Police Officer to Farhoud Golafshan, who has accepted the position, with an anticipated start date of May 13, 2024; AND, WHEREAS, Golafshan was formerly employed by the City of Mitchellville, Iowa, as a certified Police Officer; AND, WHEREAS, the City and the employee agree the City of Waukee will pay to the City of Mitchellville, Iowa a total of $7,154.35 to satisfy an existing contract covering Golafshan’s initial certified peace officer training costs and establish terms in the event the employee is terminated or resigns from the Waukee Police Department without having served as a certified Police Officer for at least two years from the date of hire; AND, WHEREAS, the agreement shall not be construed in any way as an employment agreement, which would proffer a property right or interest in employment; AND, WHEREAS, City staff recommends approval of a Buyout/Reimbursement Training Expense Agreement to address matters related to Farhoud Golafshan’s certified peace officer training costs. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 6th day of May 2024, that the Buyout/Reimbursement Training Expense Agreement between Farhoud Golafshan and the City of Waukee, IA, is hereby accepted and approved. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair AGREEMENT This agreement is entered into by the City of Waukee, Iowa, hereinafter referred to as 'City,, and Farhoud Golafshan, hereinafter refemed to as o'Employee.,, TIIE INTENT O['THIS AGREEMENT IS TO PROVIDE x'OR TEE CITv OF WAIKEE,'IOWA TOBuYour / REIMBURSE TRAII\IING nlrnENsEs INcURRED Br' rlm cITy or.nrrrcnril,vr'i;l{i,IOWA T'OR THE BENEFIT OT' T'ARIIOUD GOLAI'SIIAN TO SERVE AS A CERTIHED POIJCdoFFICER rr srrALL Nor BE coNsrnurDMy As AN EMpLoyMENT AGREEMENT,WHICH WOI]LD PROT'T'ER A PROPERTY RIGIIT OR INTEREST IN EMPLOYMENT. 1. The City andthe Employee agree_the CityofWaukee willpayto the City ofMitchellville,Iowaatotal of $7,154.35to satisfy an existing contact covering employee's initial certified peace officer training costs. 2. The Employee shall have a probationary period of one year, consistent with Waukee police Deparunent poliry and State law. 3' In consideration for the CrW payrng the Reimburssment Amount, the Employee agrees to work for the City as apolice officer for at least two years from the date of hire. 4' In the event the Employee is terminated from the Waukee Police Departnent or the Ernployee resigns withouthaving served as a certified police officer for at least two years after the ^date of hire, th" E;6i;;;e shall reimbursethe City in accordance with the.following schedule. a. If the Employee isierminated or resigns less than one year following the payment of the ReimbursementAmount, one hundred percent (l00zo) shall be paid by Employee to city. !. fr tle Employee is terminated or resigns after onb.y9ar but less than two years after the payment of theReimbursement Amoun! fifty percent (502o) shall be iao ty Employee to crty. 5' If tte Employee is terminated or resigns after the second full year, &nployee shall not be responsible to pay any ofthe Reimbursement Amount to Clty. 6' ihe reimbursement total pursuant to the above repayment schedule shall be troade within 30 days of termination orv-oluntltXl re$gnation, r'n]ess the parties agree in writing to alternate arrangerrentb. lotoest .nurf io--*"e from thedate of te'fiaination or voluntary resignation at the rate of five percent (syi) per annrhn, -d ;ili;; cabulated on thetupaid princ$al balance 1fter thirty days from the date of termination o. uot*tury r"si$ation. lnlest will not applyif the parties agree, in writing, on alternate repalypent arrangements as long as Employee is in compliance with thealtemate arrangements . - 7. It is further aclorowledged if reimbursernent is not madein pccordanrce with this agree.ment, the City may seek theEmployeels decerti.fitation as an Iowa law enforcement offiqr:r, as well as any furthJr remediis availabte to tn" cityunder the law for collection of the amounts owed. Enrploy* ugr"", to reimburse the City for any and all attiomeysfees incurred in collecting the amounts owing under th" Ag.""-*t. 8' This Agreement is govemed by Iorva Law and the parties here]o Free any action, suit, or proceeding based uponany matter,. claim, or conhoversy arising under this agreement shall be trought sotety ln the state courts located inDallas County, Iowa. Wa ukee Police Department Reimbursernent Agreement Page 1 of 2 9. This agreement may be amended or canceled only upon agreement, in writing, of both the City and the Employee. Executed this Bday"r Apr t I ,2024. ! Waukee Police Department Reimbursement Agreement Chief of Police (or designee) Page 2 of 2 City of Waukee