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HomeMy WebLinkAbout06-80 ^. ~0 .""'-~ RESOLUTION NO. 6,- g'tJ A RESOLUTION of the City Council of the City of Port Angeles retaining the services of David T. Flodstrom as City Manager. WHEREAS, the City Council had appointed Mr. Flodstrom as tt Interim City Manager for the period beginning November 13, 1979; and WHEREAS, David T. Flodstrom has demonstrated, during this interim period, that he has the formal education, experience and personality to fulfill the requirements for the position of City Manager of the City of Port Angeles; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES that David T. Flodstrom is appointed as of February 5, 1980, as the City ~llinager of the City of Port Angeles at a starting salary of $3,378. per month. In addition to the above mentioned salary, a memorandum of understanding, attached hereto and incorporated into this resolu- tion, has been prepared and outlines all additional benefits to be provided David T. F1odstrom so long as he remains in the position of City ~~nager of the City of Port Angeles. PASSED by the City Council of the City of Port Angeles this 19th day of February 1980. 4~HJ, LJ,~f MayorO ATTEST: ~ t!!.~ City Clerk I APPROVED AS TO FORM: City Attorney -~- ...~. .._ .H,~ . "" \ _.,..\.<'" "'i~ . . CITY MANAGER - CITY COUNCIL MEMORANDUM OF UNDERSTA~mING This employment agreement between the City of Port Angeles and the City Manager, David T. Flodstrom, is set forth to establish a basis for good working relationships, to avoid possible misunderstandings and to provide special benefits to the City Manager in recognition of the unique nature of his position and responsibilities. Unless otherwise set forth in this agreement, the terms and conditions of employ- ment for the City Manager shall he the same as other employees of the City. In accordance with the provisions of the City and State Codes which regulate the City of Port Angeles, the City Manager is appointed by the City Council for an indefinite term of office and may be removed by a vote of the majority of the City Council. Without a fixed term agreement, it is the intent of this agreement to provide general employment conditions, as well as fair arrangements for hoth parties on both voluntary and involuntary termination. Section I - Duties and Responsibilities The duties and responsibilities of the City Manager shall be in accordance with applicable state statutes, all ordinances and resolutions of the City of Port Angeles and such policies as shall be adopted from time to time by the City Council. The duties and responsibilities of the manager shall include but not necessarily be limited to the following list: 1.) Be the chief administrative officer of the City and be responsible to the City Council for proper administration of all affairs of the City. 2.) To attend all meetings of the City Council at which his attendance may be required by that body. 3.) To appoint and remove at any time all department heads, officers, and employees of the City, except members of the City Council and Municipal aourt Judge. Appointment power shall be subject to any Civil Service Law, rule or regulation as well as any employment agreements. 4.) To recommend for adoption by the City Council such measures as he may deem necessary or expedient. 5.) To see that all laws, ordinances and policies of the City Council are faithfully executed, subject to the authority which the City Council may grant the mayor to maintain law and order in times of emergency. 6.) To prepare and submit to the City Council such reports as may be required by that body or as he may deem it advisable to submit. 7.) To keep the City Council fully advised of the financial conditions of the city and its future needs. 8.) To prepare and submit a preliminary or proposed budget; to work with the Budget Committee in its analysis and review; and, to be responsible for its aministration upon adoption. .", . . )>0< .:' ^, Page two "; Memo of Understanding 9.) Keep public and Council informed through periodic reports to Council on City operations. Section II - Salary The City shall establish the salary for the manager within the 44-salary range as identified in the ordinance setting City-wide Administrative-Management salary levels(see attached copy for 1980). The City shall pay the manager for his services(in accordance with this agreement) based on one of the seven salary steps which fall within the 44 range. This amount 4It is payahle in installments at the same time as other employees of the City are paid. In addition, the City agrees to consider an adjustment of said salary level and/or benefits on the basis of an annual evaluation of the manager's performance. Said evaluation to occur prior to the adoption of the City's annual budget. Section III - Hours of Work The minimum work week of the City Manager shall be forty(40)hours plus any addition- al work time reasonably required to discharge the duties and responsibilities of the office of City Manager. It is further recognized that as part of the job as City Manager, the manager is required to maintain a publicly listed telephone within his home and maintain an office at home capable of handling reasonable off-hour business matters from members of the City Council and the puhlic, relevant to the management affairs of the City. Section IV - Automobile The City Manager is required to have a car available for City business. The City shall have the option of either supplying an appropriate City vehicle or paying a reasonable monthly car allowance for which the manager must provide an appropriate vehicle. Section V - Other Benefits The City Manager shall receive the same henefits relating to vacation, sick leave, holidays, insurance coverage, deferred payment plans etc. as enjoyed by City Depart- ment Heads and as defined in the ordinance which establishes these benefits(a copy of the 1980 ordinance is attached). Section VI - Professional Development To aid the City Manager in his professional development, the City agrees to budget and pay reasonable expenses for professional dues, subscriptions and travel required to participate in national, regional and state associations. . -.. .. 'It t ., ~~ . ~age three Memo of Understanding Section VII - Termination and Severance Pay In the event the City Manager is terminated or asked to resign hy the City Council, the following provisions shall apply: I.) If the City Manager is terminated in the first year of his employment, the City agrees to pay the City Manager a lump sum cash payment equal to three (3) months' aggregate salary and any unused vacation credits. . 2.) If the City Manager is terminated in the second year of his employment, the City agrees to pay the City Manager a lump sum cash payment equal to two (2) months' aggregate salary and any unused vacation credits. 3.) If the City Manager is terminated in the third year and in any succeeding year of employment, the City agrees to pay the City Manager a lump sum cash payment equal to one(l) month's aggre- gate salary and any unused vacation credits. 4.) In the event the City Manager is terminated because of his con- -- viction of any illegal act involving personal gain to him, then, in that event, the City shall have no ohligation to pay any of the aggregate sums designated in paragraphs 1, 2 and 3 of this section. In the event the City Manager voluntarily resigns, and gives thirty (30) days advance notice in writing, the City is only ohligated to pay unused vacation credits and all other normal settlements employees receive. Section VIII - General Provisions 1.) The City Council shall fix any such terms and conditions of employment as it may determine from time to time, relating to the performance of the City Manager, provided such terms and conditions are not inconsist~ . ent with or in conflict with the provisions of this agreement. The City Manager shall receive all benefits provided general employees '':~_~'J__ through City and State laws, including normal retirement, and may exceed these benefits when established by this agreement. 2.) The text herein shall constitute the entire agreement between the parties. 3.) This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the City Manager. 4.) This agreement shall become effective commencing J1~ ~ ,1980, and shall continue in effect for a period of three years. This agree- ment shall be subject to reopening upon ninety (90) days written notice hy either party prior to the termination date as provided ahove. Otherwise this agreement shall be extended on the same terms and con- . ditions for an additional period of two years. Said agreement shall continue thereafter in two year increments unless 90 days written notice by either party is given prior to expiration. . -.. . ~ ~.,.,. ~_" ,rage four . ;10' Memo of Understanding ~ , 5.) If any prOV1S1on contained in this agreement is held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect. IN WITNESS WHEREOF, the CITY OF PORT ANGELES has caused this Memorandum of Understanding to be signed and executed by the Mayor at the direction of the City Council and attested to by the City Clerk and the City Manager has signed and executed this agreement, both in duplicate, the day and year first above written. . _~4"~ Jo ~/JW;~ ~ or ~e,~ City Clerk City Manager .