HomeMy WebLinkAbout2022-03-07 Resolution 2022-097_City Administrator Appointment, Terms of EmploymentTHE CITY OF WAUKEE, IOWA
RESOLUTION 2022-097
APPROVING THE APPOINTMENT OF A NEW CITY ADMINISTRATOR FOR THE
CITY OF WAUKEE AND ESTABLISHING TERMS OF EMPLOYMENT
IN THE NAME AND BY THE A UT HORITY 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 Mayor and City Council members have evaluated a wide variety of options
with regard to filling the position of City Administrator upon Tim Moerman's retirement; AND,
WHEREAS, the City Administrator position was posted, and the recruitment process led to the
Mayor and City Council members interviewing Mr. Deets. The Mayor and City Council
members believe Mr. Deets has the leadership qualities, vision for Waukee, management skill
set, community development experience, institutional knowledge and presence in the region, to
make Mr. Deets an excellent candidate to fill the position of City Administrator upon Mr.
Moerman' s retirement and provide the greatest likelihood of continued success for the
community and the organization; AND,
WHEREAS, the Mayor and City Council members value consistent leadership and management
skills in the City's current high growth environment, continuation of the organizational culture,
demonstrated economic development skills necessary to manage and facilitate the wide variety
of high impact projects that will shape Waukee for decades, and demonstrated abilities in
building and fostering trusted regional relationships; AND,
WHEREAS, the Mayor and City Council members wish to make an appointment and 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 Bradly
Deets should be and the same is appointed as City Administrator effective April 1, 2022, and
shall be responsible for the duties of the City Administrator, 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 7t" day of
March 2022.
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Courtney Clarke, Mayor
Attest:
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Rebecca D. Schuett, City Clerk
RESULTS OF VOTE:
AYE
Anna Bergman Pierce
X
R. Charles Bottenberg
X
Chris Crone
X
Larry R. Lyon
X
Ben Sinclair
X
NAY ABSENT ABSTAIN
CITY OF WAUKEE
CITY ADMINISTRATOR EMPLOYMENT AGREEMENT
THIS AGREEMENT, effective April 1, 2022, by and between the City of Waukee, State
of Iowa, a municipal corporation ("City"), and Bradly Deets ("Employee").
WHEREAS, the City desires to retain the services of said Employee as City Administrator
of the City, as provided by the Waukee Code of ordinances; and,
WHEREAS, the City and Employee wish to set out in writing the terms and conditions of
the employment relationship. and.
WHEREAS, the City and Employee wish to provide a just means for terminating
Employee's services at such time as the City Council or Employee may desire to otherwise terminate
employment; and
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set
forth in this Agreement the parties agree as follows:
SECTION ONE — DUTIES
City agrees to employ Employee as City Administrator to perform the applicable functions and
duties as specified in the Waukee Code of Ordinances and job description of the City Administrator
position. Employee acknowledges that the functions and duties of the City Administrator may be
amended from time to time and that the Employee agrees to perform other legally permissible and
proper duties and functions as the Mayor and City may assign.
SECTION TWO — TERM
The term of this Agreement shall be deemed to commence on the 1" day of April 2022, 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 or to become employed,
by any other employer unless this agreement is terminated in the manner provided in paragraph 2 of
this section.
Employee agrees that Employee serves as City Administrator at the pleasure of the Council.
Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City
Council to determine that Employee shall no longer serve as City Administrator, suhject only to the
provisions set forth in this Agreement. In addition, nothing in this Agreement shall prevent, limit or
otherwise interfere with the right of Employee to resign at any time from the position of City
Administrator, subject only to the provisions set forth in Section Three of this Agreement.
SECTION THREE — TERMINATION
The Agreement shall terminate automatically upon the death or disability of Employee. Disability
means the Employee is unable to perform the duties set forth in this Agreement, with or without
accommodation, for a period of sixty (60) cumulative business days in any twelve (12) month period,
as a result of physical or mental condition or loss of legal capacity. I f the Agreement is terminated
because of death or disability, then no severance benefits will be provided.
In the event Employee voluntarily resigns his position during the contract term, the Employee shall
give at least ninety (90) days' notice which the Council may shorten at its discretion. If Employee
voluntarily resigns his position, he shall not be entitled to severance benefits of any kind.
Employee may not be terminated during the Agreement except for just cause unless City continues
the salary and benefits of Employee for a period of six (6) months from the date of termination. Just
cause shall include, but shall not be limited to, an incident where Employee has been convicted of a
serious misdemeanor or felony, found to be dishonest with the Employer, insubordinate or gross
mismanagement. If Employee is terminated for just cause, then no severance benefits will be
provided. Employee agrees to accept this continuation of salary and benefits for the aforementioned
period as full and complete consideration for any and all claims, causes of action and/or damages
related to Employee's employment or termination as City Administrator that Employee may have
against City and/or Council members, officers, employees and/or agents.
SECTION FOUR — SALARY
Effective April 4, 2022, City agrees to pay Employee an annual base salary of one hundred -eighty
thousand dollars (SI 80,000), payable in installments as authorized for other administrative
employees of Employer.
Every twelve (12) months, City will perform an annual review of Employee's performance as City
Administrator. Based upon this annual review, City may make recommendations regarding goals
for the City Administrator position, as well as the salary and/or benefits contained in said
agreement. The parties agree to a salary step increase of 4% annually, plus the approved cost of
living increase, beginning July 1, 2023 and each July 1" thereafter through and including July 1,
2025, after which the Employee shall receive the same annual cost of living increase as may be
approved by the City Council as other non -union employees. The employee's salary may be
increased periodically as approved by the City Council by resolution without amendment to this
agreement.
SECTION FIVE — BENEFITS
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 have the opportunity to convert up to two weeks of accrued, unused
vacation leave into a deferred compensation plan on an annual basis. Employee shall not
receive overtime pay and shall be expected to work whatever hours are necessary to efficiently
perform the duties of City Administrator.
City agrees to pay for professional dues and subscriptions necessary for Employee's membership in
those associations and organizations that are necessary and desirable for Employee's continued
professional participation and growth on behalf of Employer. In addition, Employee shall, without
loss of pay, be allowed time each year for the purpose of attending —at Employer's expense upon
prior approval of the City —conventions, seminars, and/or educational forums relating to
Employee's professional development and for the good of the City, without loss of pay.
Employee shall be provided a monthly vehicle allowance of four hundred dollars ($400).
City shall contribute funds for Employee into the Iowa Public Employee Retirement System
(IPERS). In addition, City shall contribute to Employee's deferred compensation benefit plan under
section 401(A) of the Internal Revenue Code as outlined in the plan documents and Employee's
deferred compensation benefit plan under section 457(b) of the Internal Revenue Code two percent
(2%) of Employee's base salary as set forth in Section Four (4) of this Agreement.
SECTION SIX — OTHER PROVISIONS
This Agreement contains the entire agreement of the parties relating to Employee's employment
and the subject matter herein and, except as otherwise stated, supersedes any and all oral or written
prior agreements and understandings with respect to Employee's employment and the subject matter
herein. The parties acknowledge that they have made no agreements, representations, or warranties
relating to the subject matter of this Agreement that are not set forth herein.
If any provision, or any portion thereof, contained in this Agreement is held unconstitutional,
invalid or unenforceable, the remainder, 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 71h day of March 2022.
Courtney Clarke, Mayor
Attest:
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Rebecca D. Schuett, City Clerk Bradly Deets, niployee