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HomeMy WebLinkAbout2005-12-14-Resolutions 05-230_Employment Contract - Director of Public WorksTHE CITY OF WAUKEE,IOWA RESOLUTION 05-230 APPROVING AN EMPLOYMENT CONTRACT BETWEEN THE CITY OF WAUKEE AND JOHN GIBSON IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,John Gibson has served the City of Waukee faithfully for several years in his capacity as Public Works Director and the City desires to induce Mr.Gibson to continue his service to the conununity;AND, WHEREAS,entering into a contract with Mr.Gibson to assure his continued employment with the City is in the long term best interest of the City;AND WHEREAS,Mr.Gibson has demonstrated leadership and a willingness to provide assistance in other areas of City Administration and agreed,in addition to his current duties,to act as interim City Administrator until a permanent replacement is selected. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the employment agreement between John Gibson and the City of Waukee,attached as exhibit "A" should be and the same is hereby approved.The Mayor is authorized to execute the same on behalf of the City of Waukee. Attest: ark J.Arents ,ity Administrator/Clerk ROLL CALL VOTE Nicholas C.Gruber Donald L.Bailey,Jr. Bill Peard Jeff Mertz Darlene Stanton AYE X X X X X NAY ABSTAIN ABSENT CITY OF WAUKEE EMPLOYMENTCONTP~CTft~DAGP£EMENT THIS EMPLOYMENT CONTRACT AND AGREEMENT made and entered into this 15th day of December,2005,by and between the City of Waukee,Dallas County,Iowa,by its Council Members (hereinafter referred to as "Employer")and John Gibson,an individual and resident of the State ofIowa (hereinafter referred to as "Employee")both whom understand as follows: WHEREAS,the Employer desires and needs the continued services of the Employee,to serve in the capacity of Public Works Director;and WHEREAS,the Employer,recognizing the past faithful performance of his duties,and Employer's desire to continue to retain the services of the Employee as Public Works Director,and WHEREAS,it is the desire of the Employer:(1)to continue to retain the services of the 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 to terminating Employee's services when either the Employee or the Employer may desire to terminate his employment;and WHEREAS,Employee desires to continue to retain employment as Public Works Director. NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1)The term of this Agreement shall be deemed to commence on the 15th day of December 2005,until the 315t day of December,2008,("Tennination 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 until such termination date,unless said termination is effected as is hereinafter provided in Paragraph 3 of this agreement. 2)The Employee understands that he shall continue to serve as Public Works Director of the City of Waukee,Dallas County,Iowa,at the pleasure of the Council.Nothing in this Agreement shall prevent,limit,or otherwise interfere with the light of the Council to determine that the Employee shall no longer serve as Public Works Director,subject only to the provisions set forth in this Agreement. 3)The Employer may terminate this contract at any time for just cause and,if the Employee is terminated for just cause,he shall receive no severance pay,except he shall receive payment for unused vacation and other benefits usually paid other Employees at termination,In the event the Employer wishes to terminate the contract without just 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 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 12 months (if terminated in the 151 year);9 months (if terminated in the second year);6 months (if ] 1I terminated in the third/final year)salary to the Employee and paid health insurance in the same manner as when employed,with spouse,for a period equal to the severance, or until employee obtains other employment,whichever period is shorter,as full and complete settlement for all damages sustained by the Employee,in addition to whatever accrued vacation the Employee may have. A.Termination bv Reason of Misconduct/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 neglect of duty,incompetence, insubordination,misconduct in office,or conviction of any public offense involving moral turpitude.In the event of termination,pursuant to the provisions of this section, no damages or severance pay shall be paid to the Employee. B.In the event that employee is unable to fulfill his duties herein,by reason of death or disability,the agreement may be terminated and no damages or severance paid. 4)That the Employer shall furnish the Employee with all equipment,material and manpower necessary to the efficient performance of the official duties as Public Works Director. 5)That the Employee shall perform those duties as outlined in the Ordinance entitled "Public Works Director"and in the enacted Ordinances which establish the Public Works Director position,as may be changed from time to time in the sole discretion of the City Council of the City of Waukee.That the employee shall,in addition,fulfill the duties of the "City Administrator"if directed by the City Council of the City of Waukee,on a temporary basis,for so long as the Council may direct. 6)That the Employee shall devote his time and talents to the best of his abilities to the best interest of the City of Waukee,Dallas County,Iowa. 7)Employer shall pay as compensation to Employee the compensation previously established by resolution of the Council for employee's services for fiscal year 200512006 until the end of the fiscal year.Commencing July 1,2006 and through the remaining term of this agreement,Employer agrees to pay Employee for his services rendered,at an annual base salary of $89,643.00 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 Employer shall not, at any time during the term of this Agreement,reduce the salary or other benefits of the Employee. If called upon to fulfill the duties of City Administrator,in addition to the duties of the Public Works Director,employee shall be paid an annual salary,in lieu of the salary provided in the preceding paragraph,prorated for the period employee is called upon to act in such dual capacity,of $94,363.00.Upon the conclusion of such a temporary appointment by the City Council,employee shall recommence the pay rate identified herein for his duties as Public Works Director in the preceding paragraph. The salary of the Employee may be adjusted,by the City Council of the City of Waukee,after undertaking the review in accordance with paragraph 8.In no event shall the salary be adjusted to an amount less that the compensation provided for herein.') 8)Performance Evaluation Employee shall serve at the direction of the City Administrator and be subj ect to the same review mechanisms in place for all other non-represented employees of the City. 9)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. 10)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 Public Works Director;provided said acts are not in violation of any state or federal criminal statues. 11)Employee shall be entitled to those benefits set out below: A.VACATION.The Employee shall receive three (3)weeks of paid vacation during a calendar year".The Employee may carry-over unused vacation in the same manner as other employee non union employees,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. C.OVERTIME.Employee shall not receive nor be eligible for overtime pay. B.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.PROFESSIONAL DUES AND SUBSCRIPTIONS.Employer shall budget and pay for professional dues and subscriptions 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,but not limited to,national,state and local city management association(s)and the Iowa League of Cities.Those publications deemed to be necessary and desirable shall include,but not limited to,regular publications of the above organizations.Those meeting and seminars deemed to be necessary and desirable shall included,but not 1 limited to,those of the Iowa League of Cities and the state and local city management ,I, associations. E.TRAVEL EXPENSES.Meals and lodging authorized and approved by the Employer will be paid on actual cost basis.Receipts for all expenses will be attached to the vouchers submitted to the City Council.. F.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 nonunion Employees,as may change from time to time in the employer's sole discretion,under the same terms and conditions as such other employees. 12)This Agreement shall become effective commencing December 15'\2005 and shall remain in effect until December 31,2008.If any provisions or any portion thereof in this Agreement is held unconstitutional,invalid or unenforceable,the remainder of tins 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 OF WAUKEE DALLAS COUNTY,IOWA CITY COUNCIL EMPLOYEE ATTEST: ~::S~ Steven P.Brick City Attorney