HomeMy WebLinkAbout2006-08-21-Resolutions 06-165_City Administrator - AppointTHE CITY OF WAUKEE,IOWA
RESOLUTION 06-165
APPOINTING A NEW CITY ADMINISTRATOR FOR THE CITY OF WAUKEE AND
ESTABLISHING THE TERMS OF EMPLOYMENT OF EMPLOYEE.
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City has conducted a search for a City Administrator of the City of Waukee;
AND,
WHEREAS,the City desires to appoint and hire a new City Administrator to fulfill the duties of
the City Administrator of the City of Waukee;AND
WHEREAS,it is desirable to establish the terms and conditions under which the City
Administrator will be employed;AND
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that Jeffrey
Kooistra should be and the same is hereby appointed as City Administrator effective October 16,
2006,and shall be responsible for the duties of the City Administrator,subject to the terms and
conditions set forth in exhibit "A",
BE IT FURTHER RESOLVED that the Employment Contract attached hereto as Exhibit "A"
is hereby approved and the Mayor is authorized to execute the same together with any and all
documents necessary to effectuate the Employee'scontinued participation in the ICMA-RC in
the manner required by the employment contract.
Attest:
n,Interim City Administrator/Clerk
ROLL CALL VOTE
Donald L.Bailey,Jr.
Isaiah McGee
Jeff Mertz
Darlene Stanton
Mike Watts
AYE
X
X
X
NAY ABSENT
X
X
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CITY OF WAUKEE
EMWLOYMENT CONTRACT AND AGREEMENT
TIllS EMPLOYMENT CONTRACT AND AGREEMENT made and entered into this
<1-1 ~tday of AudUtJ ,2006,by and between the City of Waukee,Dallas County,Iowa,
by its Counc~inafter referred to as "Employer")and Jeffrey L.Kooistra,an
individual and resident of the State of Iowa (hereinafter referred to as "Employee")both of
whom understand as follows:
WHEREAS,the Employer desires the services of the Employee,to serve in the capacity
of City Administrator;and
WHEREAS,Employee desires to obtain employment as City Administrator;and
The Parties,as a condition precedent to the employment of employee hereunder,agree that the
employee:
1)Shall submit to a pre employment drug screen by providing a sample for testing at the
time and place designated by employer,in the manner prescribed under applicable
law for said testing.The test results must reflect that the employee is has not had
contact with,ingested or otherwise used any illegal non prescribed medications;and
2)Hereby consents to the employer conducting a police background check and that the
said background check shall reflect that Employee has not been arrested,charged or
convicted of any offense other than traffic related simple misdemeanor.
NOW,UPON FULFILLMENT OF THE CONDITIONS PRECEDENT BY EMWLOYEE,
THE PARTIES AGREE AS FOLLOWS:
1)The term of this Agreement shall be deemed to commence on the 16th day of
October,2006,until terminated ("Termination Date"),and Employee agrees to
remain in the exclusive employment of the Employer until said date,and further
agrees not to accept employment,nor to become employed,by any other
employer unless this agreement is terminated in the manner provided in
Paragraph 2 of this agreement.
2)The Employee understands that he shall serve as City Administrator of the City of
Waukee,Dallas County,Iowa,at the pleasure of the Council.The employment
relationship between the parties is at will.Nothing in this Agreement shall
prevent,limit,or otherwise interfere with the right of the Council to determine
that the Employee shall no longer serve as City Administrator,subject only to the
provisions set forth in this Agreement.
A.Tennination Without Cause.In the event the Employer wishes to terminate
the contract without just cause,it may do so by giving the Employee 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 up
to the date of termination.Upon issuance of such termination notice,the
Employer recognizes that adverse circumstances in which the Employee has
been placed and,therefore,agrees to pay the Employee,at the time of
termination,a severance equal to 2.months (if terminated in the I"year);and
reducing by one month per year to 4 months (8 months 2nd year;7 Months 3rd
year;6 Months 4th year;S months Stir year;4 months 6th year;4 months
thereafter);salary to the Employee and make available health and Dental
insurance,for that number of months under the same terms and conditions
available to other non-contract department heads employed by the City for a
period equal to the severance as full and complete settlement for all damages
sustained by the Employee,in addition to whatever accrued and unused
vacation the Employee may have.
I)In the event the Employer reduces the salary or other benefits of employee
in a greater percentage than an applicable across the board reduction for all
non contract Department Heads employed by Employer,or in the event the
Employer refuses to comply with other provisions benefiting employee herein,
following notice and an opportunity to cure as required by this agreement,or
the employee resigns following a formal suggestion by the majority of the
City Council that he resign,then in that event,employee shall be deemed
terminated without cause.
B.Tennination for Just Cause.Nothing in this Agreement shall be deemed to
prevent the Employer from terminating the employment of the Employee,for
cause,which shall be deemed to mean breach of the terms of this agreement,
neglect of duty (The willful and unjustified abandonment of a person's duties
or obligations),misconduct in office (Any unlawful behavior by Employee in
relation to the duties of his office,willful in character),insubordination
(Refusal to obey some order which governmental body is entitled to give and
have obeyed),conviction of any public offense involving moral turpitude,
violation of Employer's Employee Handbook,participation in political
activity or election for any City Office except by casting a vote in a voting
booth.In the event of termination,pursuant to the provisions of this section,
no damages or severance pay shall be paid to the Employee.
C.DeathlDisability.In the event that employee is unable to fulfill his duties
herein,by reason of death or disability,the agreement may be terminated by
either party,at any time,and no damages or severance paid.In the event of
death the contract shall terminate immediately,and in the event of disability,
upon 30 days written notice to employee.
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D.Employee Resignation.The Employee may terminate this agreement only
upon 45 days written notice given in advance of his resignation date upon
such event no severance or damages will be paid.
3)That the Employee shall perform those duties as outlined in the Ordinance
entitled "City Administrator"and in the enacted Ordinances which establish the
City Administrator position,as may be changed from time to time in the sole
discretion of the City Council of the City of Waukee.Employee shall perform
those duties with the utmost integrity and with strict adherence to the ethical
laws,rules and guidelines of the State of Iowa and City Management
Associations and organizations of which employee is a member at any time
during employee's service hereunder.Furthermore,Employee shall perform his
duties in a manner consistent with Iowa Law.
4)That the Employee shall devote his time and talents to the best of his abilities to
the best interest ofthe City of Waukee,Dallas County,Iowa
5)Employer agrees to pay Employee for his services rendered,at an annual base
salary of $110,900.00 for the contract term payable in equal installments at the
same time as other Employees of the Employer are paid.The amount of said
base salary shall be set by Employer resolution,which resolution,when adopted
shall become a part of this Section of the Agreement.
The salary of the Employee may be adjusted by the City Council of the City of
Waukee,after undertaking the annual review in accordance with paragraph 10.In
no event shall the salary be adjusted to an amount less that the compensation
provided for herein.
6)It is understood that the Employee will normally work at least forty (40)hours
per week,exclusive of scheduled Council meetings but it is also recognized that
the Employee must devote a great deal of time outside the normal office hours to
the business of the Employer,and to that end,Employee may vary his schedule
accordingly.
7)Employer shall defend,hold harmless and indemnify Employee against tort or
liability claim or demand or any other legal action arising from City activities or
any alleged act or omission occurring in the performance of Employee's duties as
City Administrator;provided said acts are not in violation of any State or federal
laws or criminal statues.
9)Employee shall be entitled to those benefits set out below until this agreement is
terminated by either party,unless otherwise provided:
A.VACA nON.The Employee shall receive three (3)weeks of paid
vacation during the first calendar year and (4)weeks of paid vacation per year
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thereafter.Said vacation shall accrue and be available for Employee in the same
manner as non-contract department heads employed by the City.The Employee
may carry-over unused vacation in the same manner as other non-contract
Department heads,as may be changed from time to time in the discretion of the
City Council.In the event of termination,accrued but unused vacation will be
paid.
B.SICK LEAVE.The Employee shall accrue and have credited to his sick
leave account,sick leave in the same manner as other non contract department
heads employed by the City as may be changed from time to time by the Council.
Upon the commencement of his employment,Employee shall have credited 240
Hours (30 days)to his sick leave account.Until Employee has remained
employed for a period of 30 months,employee's sick leave account shall not
increase above the 240 hours (30 days)as the balance provided at employment
hereunder is considered an advance of sick leave yet to be earned.The Employee
may carry-over unused sick leave in the same manner as other non contract
department heads,as may be changed from time to time in the discretion of the
City Council.In the event of termination or resignation,accrued but unused sick
leave will not be paid.
C.HOLIDAYS.Employee is considered to be on-call twenty-four (24)
hours a day;however,unless his services are needed,the Employee shall not be
required to work on those days which have been designated as holidays in the
City's Personnel Policy.
D.OVERTIME.Employee shall not claim,receive nor be eligible for
overtime pay.
E.PROFESSIONAL DUES AND TRAINING.Employer shall budget and
pay for professional dues necessary for Employee's membership in various
associations and organizations which are necessary and desirable for his
continued professional participation and growth for the good of the Employer,and
to pay for any professional development or training expenses that have been
approved by the City Council.Those memberships deemed to be necessary and
desirable shall include national and state city management association(s)and the
Iowa League of Cities.The Employer shall pay all reasonable and necessary
expenses including travel and sustenance expenses associated with Employees
attendance at the Annual Conference of the International City Management
Association and State City Association Conference(s).
F.CAR ALLOWANCE.Employee needs an automobile to carry out
his duties as City Administrator.Employer shall provide a car allowance of
$350.00 per month with no additional pay for in/out of town mileage travel.The
Employee shall be responsible for the purchase,operation,maintenance,repair,
insurance and replacement costs of any automobile he may use for said purpose.I
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G.HEALTH INSURANCE.The Employee may participate in other
benefits such as health and major medical group program chosen by the Employer
and made available to Department Heads,as may change from time to time in the
employer's sole discretion,under the same terms and conditions as such other
employees.
H.LIFE INSURANCE The Employer shall provide a twenty thousand
($20,000)dollar term life insurance policy,covering the employee at no expense
to the employee until this agreement is terminated by either party.
1.CIVIC MEMBERSHIP.The Employer recognizes the desirability of
representation in and before local civic organizations,and employee is authorized
to become a member of 1 such civic club or organization,for which the City shall
pay all dues.This does not include any country club,health club,or other
organization whose primary purpose is entertainment or the arts.
10)Performance Evaluation
A.The Council,or their designee,shall review and evaluate the performance
of the Employee,in writing,on or before December 31 st of each year during the
term of this Agreement.Said review and evaluation shall be in accordance with
specific criteria developed jointly by the Employer and the Employee.Said
criteria may be added to or deleted from,as the Council may,from time to time,
determine in consultation with the Employee.
B.Annually,the Council and the Employee shall define such goals and
performance objectives that they determine necessary for the proper operation of
the City and io the attainment of the Council's policy objectives,and shall fur1her
establish a relative priority among those various goals and objectives,said goals
and objectives to be reduced to writing.They shall generally be attainable within
the time limitations,as specified,and the annual operating and capital budget and
appropriations provided.
C.In effectuating the prOVISIOns of this Section,the Council and the
Employee mutually agree to abide by the provisions of applicable law.
11)RETIREMENT.The Employer agrees to execute all necessary documents
provided by the International City Management Association-Retirement
Corporation (ICMA-RC)for employee's continued participation in said retirement
plan.In addition to the base salary paid by the Employer,Employer shall pay 10%
of the Employee's base salary into the ICMA-RC on Employee's behalf,in equal
proportionate amounts each pay period.Employer agrees,in the event of
employee's resignation or discharge,to transfer ownership to succeeding
employers of Employee.The Employer shall not pay IPERS in connection with
Employee's employment hereunder.
12)MOVING EXPENSES.Employer shall pay pre-approved employee's moving
expenses from Clinton,Iowa to Waukee,Iowa.This includes the expenses of a
moving company,professional packaging,loading and unloading,transportation
and insurance relative to only household goods.Employee shall obtain and submit
a minimum of three (3)bids including all expenses identified herein for which
employee seeks payment pursuant to this provision.Employer shall select the
company based on the bids submitted.
13)BREACH OF CONTRACT.A breach of contract may be declared by either
party upon the submission of a written notice in accordance with paragraph 14
herein.Upon receipt of any such notice the breaching party shall have 30 days to
cure any bono fide breach.In the event the breach is not cured within the 30 day
cure period this agreement shall be considered terminated.In the event of a non-
cured bona fide breach by Employer,the termination provisions contained in
paragraph 2A shall apply and no further damages or additional severance shall be
paid.In the event of a non-cured bona fide breach by Employee,the termination
provisions contained in paragraph 2B shall apply and no damages or severance
shall be paid.Nothing in this provision shall be construed to limit or preclude
either party from pursuing their legal remedies.
14)NOTICES.Notices required herein shall be delivered to the parties through
either the United States Postal Service or Personal Service in accordance with the
Iowa Rules of Civil Procedure.Said notices,if mailed,may be mailed to the
Employee at their residence address as reflected in the records maintained by the
Director of Finance of the City of Waukee,Iowa.The Deputy City Clerk of the
City of Waukee shall be designated to receive notice on behalf of employer,at
City Hall.Notice shall be deemed delivered upon personal service or 3 days after
its deposit in an authorized mail receptacle of the United States Post Service.
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15)This Agreement shall become effective commencing October 16,2006 and shall
remain in effect until terminated If any provisions or any portion thereof in this
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 City Council has caused this
Agreement to be signed and executed on behalf of the Council and duly attested by the City
Attorney.
CITY OFCW;~~~IOWADALLAS:g;UN~
ATIEST'.~
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EMPLOYEE
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