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HomeMy WebLinkAbout2.a. Consideration of Employment AgreementAGENDA ITEM: Consideration of Employment Agreement AGENDA SECTION: New Business PREPARED BY: Emmy Foster, Assistant City Administrator AGENDA NO. 2.a. ATTACHMENTS: Employment Agreement APPROVED BY: K RECOMMENDED ACTION: Motion to formally appoint Dwight Johnson to the position of City Administrator and approve the employment agreement. 4 ROSEMOUNT CITY COUNCIL City Council Special Meeting: August 7, 2008 EXECUTIVE SUMMARY ISSUE For City Council is discussion and consideration of the appointment of Dwight Johnson to the position of City Administrator and approval of the attached employment agreement. Mr. Johnson's career in city administration spans three decades. He was City Manager of Plymouth, Minnesota, from 1993 to 2003, and had the same position with the City of Shoreview, Minnesota. He also led the City of Grand Island, Nebraska early in his career, and was most recently the manager of Homer Glen, Illinois. Mr. Johnson graduated from Carleton College in Northfield, Minnesota, and earned a masters degree in public administration from the University of Colorado at Boulder. The City Attorney will be in attendance to provide a verbal update on information related to the hiring. Pending approval of the appointment by the City Council, Mr. Johnson is scheduled to start in his position on Monday, August 18, 2008. SUMMARY If the City Council agrees, Staff requests that the above mentioned motion be made. The parties agree as follows: EMPLOYMENT AGREEMENT AGREEMENT made this day of August, 2008, by and between the CITY OF Rosemount, a Minnesota municipal corporation "Employer and Dwight D. Johnson "Employee 1. POSITION. Employer agrees to employ Employee as its City Administrator. Employee agrees to serve as City Administrator in accordance with state statutes and City ordinances and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign. 2. MOVING AND RELOCATION ALLOWANCE. Employer shall reimburse Employee an amount not to exceed $8,500 for moving his household goods. Payment shall be made upon receipt by the City of documentation that the expenses have been incurred and deemed reasonable. 3. PENSION PLAN. Employer shall contribute to PERA as required by State law for Employee or an alternate pension plan, if selected by Employee, authorized by State law. Employee elects to use the International City Managers Association (ICMA) pension plan in lieu of PERA. 4. SALARY. Employer shall pay Employee a salary of $109,519 (Step 5) per year starting August 18, 2008. Employee shall be given an initial performance review in six (6) months and prior to completing the one year probationary period. Performance reviews shall occur annually thereafter. The Employee's probationary period is one year in length in accordance with City personnel policies. Future salary adjustments shall be made in the same manner as provided to other non -union employees including yearly cost of living adjustments. 5. SENIORITY. For the purpose of vacation accrual but for no other purpose, Employee will be credited with having completed fifteen (15) years of employment with the City upon his first day of employment. This provision does not apply to time in office for separation purposes. 6. SICK LEAVE. Effective upon Employee's first day of employment, Employee shall be credited with ten (10) days of accrued sick leave. In addition, Employee shall accrue sick leave and receive sick leave separation benefits in accordance with the City's personnel policies. 7. VACATIONS. Effective upon Employee's first day of employment, Employee shall be credited with ten (10) days of accrued vacation leave. In addition, Employee shall accrue vacation leave and receive vacation leave separation benefits in accordance with the City's personnel policies. 8. HOLIDAYS. Employer shall provide Employee the same holidays as enjoyed by other non- union employees. 9. GENERAL INSURANCE. Employer shall provide Employee the same group hospital, medical, dental, life and disability insurance benefits as provided to all other non -union employees. 10. DUES AND SUBSCRIPTIONS. Employer shall budget and pay the professional dues and subscriptions for Employee that are deemed reasonable and necessary for Employee's continued participation in national, regional, state and local associations necessary and desirable for Employee's continued professional participation, growth and advancement. 11. PROFESSIONAL DEVELOPMENT. Employer shall budget and pay necessary and reasonable registration, travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other committees thereof which Employee serves as a member including the International City Manager's Association Annual Conference, the Minnesota City Manager's Association Annual Conference, and various League of Minnesota Cities conferences and training opportunities. Employee shall use good judgment in his outside activities so he will not neglect his primary duties to the Employer. 12. CIVIC CLUB MEMBERSHIP. Employer recognizes the desirability of representation in and before local civic and other organizations. Employee is authorized to become a member of such civic clubs or organizations as deemed appropriate by Employee and Employer; and at Employer's expense. 13. AUTOMOBILE. Employee shall be paid a monthly allowance of $300 per month for use of his personal automobile for Employer business. 14. GENERAL EXPENSES. Employer shall reimburse Employee reasonable miscellaneous job related expenses which it is anticipated Employee will incur from time to time when provided appropriate documentation. 15. HOURS OF WORK It is understood that the position of City Administrator requires attendance at evening meetings and occasionally at weekend meetings. It is understood by Employee that additional compensation and compensatory time shall not be allowed for such additional expenditures of time. It is further understood that Employee may absent himself from the office to a reasonable extent in consideration of extraordinary time expenditures for evening and weekend meetings at other than normal working hours. 16. TERMINATION BENEFITS. In the event that Employee is terminated by the Employer during such time that Employee is willing and able to perform the duties of City Administrator, then in that event, Employer agrees to pay Employee at the time of receipt of his last pay check a lump sum cash payment equal to 6 months aggregate salary and to continue to provide and pay for the benefits set forth in paragraph 9 for a period of 6 months following termination. However, in the event Employee is terminated because of his malfeasance in office, gross misconduct, conviction for a felony, or conviction for an illegal act involving personal gain to Employee, then Employer shall have no obligation to pay the termination benefits. If Employer at any time during the employment term reduces the salary or other financial benefits of Employee in a greater percentage than across the -board reduction for all non- union employees, or if Employer refuses, following written notice, to comply with any other provisions of this Agreement benefiting Employee or Employee resigns following a formal suggestion by Employer that he resign, then Employee may, at his option, be deemed to be "terminated" on the effective date of Employee's resignation and the Employee shall also be entitled to receive the termination benefits set forth above. If Employee voluntarily resigns his position with Employer, Employee agrees to give the Employer thirty (30) days advance notice. If Employee voluntarily resigns his position with Employer, there shall be no termination pay due to Employee. 17. GENERAL CONDITIONS OF EMPLOYMENT. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employer to terminate the services of Employee at any time, for any reason, subject only to the provisions of this Agreement and statutory requirements. Furthermore, nothing in this Agreement 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 of this Agreement. 18. IN WITNESS WHEREOF, Employer has caused this Agreement to be signed and executed on its behalf by its Mayor and its City Clerk, and Employee has signed this Agreement, in duplicate, the day and year first written above. EMPLOYER: CITY OF ROSEMOUNT BY: William H. Droste Dwight D. Johnson Mayor AND Amy Domeier City Clerk EMPLOYEE: