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HomeMy WebLinkAbout08-211JUNE 12, 2008 08 -211 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN ) AS AMENDED PURPOSE: APPROVE EMPLOYMENT AGREEMENT FOR CITY MANAGER INITIATED BY: COMMON COUNCIL BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Employment Agreement between the City of Oshkosh and Mark A. Rohloff for the position of City Manager is hereby approved and the proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. Amended — Contract to Include Six Months of Paid Health Insurance EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT June, 2008, by and between the City of hereinafter called "Employer or City," an d Manager." WITNESSETH ( "Agreement'), is made and entered into this Ir day of Oshkosh, Wisconsin, a Wisconsin municipal corporation, Mark A. Rohloff here in after called "Employee or City WHEREAS, Employer desires to employ the services of Mark A. Rohloff as City Manager of the City of Oshkosh, as provided for in Wisconsin Statutes and Ordinance of the City of Oshkosh; and WHEREAS, the parties acknowledge that Employee is or will become a member of the International City /County Management Association (ICMA) and that Employee is subject to the ICMA Code of Ethics. See Attached Exhibit "A ". WHEREAS, it is the desire of the Common Council of the City of Oshkosh to provide certain benefits and to establish certain conditions of employment of said Employee as set forth in this Employment Agreement; and WHEREAS, Employee desires to accept employment as City Manager of Oshkosh, Wisconsin pursuant to the terms and conditions set forth in this Employment Agreement, NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Powers and Duties of the City Manager A. Employer hereby agrees to employ Mark A. Rohloff as City Manager of the City of Oshkosh to perform the functions and duties specified in the Chapter 64 of the Wisconsin Statutes and Chapter 2, Article IV of the City of Oshkosh Municipal Code, and to perform such other legally permissible and proper duties and functions as the Common Council shall from time to time assign, subject to this Agreement. Employment shall commence on the 4th day of August, 2008. Section 2. Term of Agreement A. The City Manager shall serve at the pleasure of the Common Council. B. Nothing in this Agreement shall prevent, limit or otherwise Manager to resign at any time from his position with Employer. .# L 0 9 2008 I l I CITY CLEFIK'S € != interfere with the right of the City C. The City Manager agrees to remain in the exclusive employ of the City of Oshkosh, Wisconsin, while employed by the City of Oshkosh. He shall not perform consulting activities unless he has received prior approval from the Mayor and Common Council. Section 3. Termination and Severance Pay A. In the event the City Manager is terminated by the City, then the City shall pay Employee a lump sum cash payment equal to six (6) months base salary. Employee shall also be compensated for all earned vacation and other accrued benefits to date, calculated at the rate of pay in accordance with the personnel rules for management employees. The accrual of other benefits, including but not limited to, vacation, sick leave, and holidays, will be discontinued at the time of termination. The employee will receive six months of City paid health insurance after termination. B. In the event the City at any time reduces the salary, compensation or other benefits of the City Manager in a greater amount than an applicable across - the -board reduction for all employees of the City, or in the event the City fails to comply with any other provision of this Employment Agreement, or if the Employee resigns following a suggestion by the Common Council, then, in that event, Employee may, at his /her option, be deemed to be "terminated" at the date of such reduction, such refusal to comply, or such resignation within the meaning and context of the herein severance pay provision. C. In the event the City Manager is terminated because of his conviction of any illegal act involving personal gain to himself or felony, then in that event Employer shall have no obligation to pay the termination and severance payment designated herein; if the City Manager is awaiting trial on a charge of committing an illegal act involving personal gain to himself, or the commission of a felony, at the time he is terminated, then the City shall have no obligation to pay the termination and severance pay unless the charges are dismissed or the City Manager is acquitted, in which case the City shall make the severance and termination set forth herein. D. Contemporaneously with the delivery of the severance pay set forth in this Agreement, Employee shall execute and deliver to Employer a release, releasing Employer of all claims that Employee may have against Employer. E. If the City Manager resigns voluntarily or retires, he will provide a forty -five (45) days' notice to the City. Section 4. Salary Employer agrees to pay Employee for his services rendered pursuant hereto as City Manager an annual base salary of One Hundred Twenty -Five Thousand Dollars ($125,000.00) payable in installments at the same time as other management employees of the City are paid. Section S. Retirement Benefits The City Manager shall be covered and governed by the same retirement system (Wisconsin Retirement System - WRS) as all other non - public safety employees. In addition the City will contribute Three Hundred Dollars ($300.00) per month to a deferred compensation plan for the benefit of the employee. Section 6. Insurance Coverages The City Manager shall be covered by the same insurance plans as all other employees and shall be subject to the same terms and conditions thereof, including but not limited to, becoming eligible for the City medical insurance program in accordance with the practice for other city employees. Section 7. Automobile Employer shall provide a car allowance of Five Hundred Dollars ($500.00) per month to the City Manager. Said car allowance shall be intended to reimburse him for local travel only, defined as travel within the Oshkosh Area. All travel outside of the Oshkosh Metropolitan Area for the benefit of Oshkosh shall be reimbursed at a per mile rate equal to the IRS allowable rate then in effect. The City 2 Manager shall provide a certificate of insurance with a minimum of One Million Dollars ($1,000,000.00) per occurrence liability coverage. Section 8. Other Benefits A. The City Manager shall receive ten (10) days of vacation for 2008. Thereafter, for purposes of vacation accrual, the City Manager shall be credited with 15 years of service as of August 4, 2008. B. As an inducement to Employee to become City Manager, Employee shall be credited with thirty (30) days of sick leave. Employee shall not accrue sick leave during the first thirty (30) months of his employment. After thirty (30) months of employment, Employee shall accrue sick leave the same as other management employees of the City. Section 9. Professional Development Employer agrees to budget for and to pay the professional dues for the City Manager to be a member of professional associations, including but not limited to Wisconsin League of Municipalities, ICMA and Wisconsin City Managers Association. Employer agrees to budget and pay the reasonable expenses incurred in the City Manager's attendance for at least one (1) annual state conference and one (1) national conference, to include reasonable costs for travel, lodging and meals as per City policy for reimbursement of travel expenses. The aforesaid attendance at conferences shall be considered part of the City Manager's employment, and days spent at said conferences shall not constitute vacation or personal days. Section 10. Residency and Relocation Expenses A. Employee agrees to establish residence within the corporate boundaries of the City within nine months of employment, and thereafter to maintain residence within the corporate boundaries of the City. The employee agrees to list his current residence within 90 days and to actively market the residence. If after nine months, employee is unable to sell his current residence, employee may request an extension of this residency requirement from the City. B. Employer shall pay directly for the expenses of moving Employee from Grand Chute, WI to Oshkosh, WI. Said moving expenses shall include packing, moving, storage costs, unpacking, and insurance charges for normal household furnishing and belongings. The Employee will obtain three quotes for relocation expenses and the Employer will reimburse for the lowest quotation. Section 11. General Expenses Employer shall bear the full cost of any fidelity or other bonds required of the City Manager under any law or ordinance. Section 12. Cell Phone The City shall provide for a cellular phone reimbursement equal to One Hundred Dollars ($100.00) per month. 3 Section 13. Performance Evaluation A. The Mayor and Common Council and the City Manager shall develop a Performance Evaluation Process, which shall include goals and objectives for the City Manager within six (6) months of date of hire. B. At the end of each twelve months of employment, the Common Council shall review and evaluate the performance of the City Manager. The Evaluation Process shall include a meeting of the Common Council with the City Manager to communicate the results of the performance review. The Common Council shall consider increasing base salary and /or other benefits of the City Manager based upon said evaluation and review, and may make any such increases eff ective on the employment anniversary date. Section 14. Indemnification Employer shall defend, indemnify and hold Employee harmless within the scope of employment, from and against any and all torts, claims, causes of action, demands, costs, expenses or other legal action, including all attorneys fees, whether groundless or otherwise, arising out of any alleged act or omission occurring during or arising out of Employee's performance of duties as City Manager. Employer shall have the right to compromise and settle any such claim or suit and shall pay the amount of any settlement or judgment rendered thereon. Said indemnification shall extend beyond Employee's termination of employment, and the otherwise expiration of this Agreement, to provide full and complete protection to Employee by the City of Oshkosh, as described herein, for any acts undertaken or committed in his /her capacity as City Manager, regardless of whether the filing of a lawsuit for such tort, claim, cause of action, demand, or other legal action occurs during or following Employee's employment with Employer. Section 15. Notices. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: EMPLOYER: Mayor City of Oshkosh 215 Church Street Oshkosh, WI 54901 With copy to: City Attorney City of Oshkosh 215 Church Street Oshkosh, WI 54901 EMPLOYEE: Mark A. Rohloff 3128 North Windsong Lane Appleton, WI 54914 Alternatively, notices required pursuant to this Agreement `may be personally served in the same manner as is applicable to civil judicial practice, Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. 0 Section 16. General Provisions A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the Employee. C. This Agreement shall become effective upon adoption and approval by the Common Council of the City of Oshkosh. D. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the City of Oshkosh has caused this Agreement to be signed and executed in its behalf by its Mayor and duly attested by its Council Clerk, and the City Manager has signed and executed this Agreement, the day and year first written above. CITY OF OSHKOSH WI ONSIN By: FrapkP.Tower, Mayor CITY MANAGER "'44A4-- '� xo � Mark . Rohloff 5 Exhibit "A" ICMA Code of Ethics The ICMA Code of Ethics was adopted by the ICMA membership in 1924, and most recently amended by the membership in May 1998. The mission of ICMA is to create excellence in local governance by developing and fostering professional local government management worldwide. To further this mission, certain principles, as enforced by the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall: Be dedicated to the concepts of effective and democratic local government by responsible elected officials and believe that professional general management is essential to the achievement of this objective. 7. Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the election of the members of the employing legislative body. 2. Affirm the dignity and worth of the services rendered by government and maintain a constructive, creative, and practical attitude toward local government affairs and a deep sense of social responsibility as a trusted public servant. 3. Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the respect and confidence of the elected officials, of other officials and employees, and of the public. 4. Recognize that the chief function of local government at all times is to serve the best interests of all of the people. 5. Submit policy proposals to elected officials; provide them with facts and advice on matters of policy as a basis for making decisions and setting community goals; and uphold and implement local government policies adopted by elected officials. 6. Recognize that elected representatives of the people are entitled to the credit for the establishment of local government policies; responsibility for policy execution rests with the members. 8. Make it a duty continually to improve the member's professional ability and to develop the competence of associates in the use of management techniques. 9. Keep the community informed on local government affairs; encourage communication between the citizens and all local government officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. 10. Resist any encroachment on professional responsibilities, believing the member should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice. 11. Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a member's decisions, pertaining to appointments, pay adjustments, promotions, and discipline. 12. Seek no favor, believe that personal aggrandizement or profit secured by confidential information or by misuse of public time is dishonest. 2