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HomeMy WebLinkAboutResolution No. R19-03WHEREAS, the City conducted a nationwide search for applicants qualified for the position of City Planner II; and WHEREAS, the Mayor created a search and selection committee to review and screen applications submitted for the position and to interview applicants on the City's behalf; and WHEREAS, the committee recommends Nicholas Altonaga as the most qualified for the position; and WHEREAS, the City of Laurel negotiated the attached employment contract for the City Planner II position, and it is currently in the best interest of the City of Laurel to approve the attached Employment Contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the attached Employment Contract is hereby approved and the Mayor is authorized to execute the Employment Contract on the City's behalf. Klose. Introduced at a regular meeting of the City Council on February 5, 2019, by Council Member PASSED and APPROVED by the City Council of the City of Laurel this 5`t' day of February APPROVED by the Mayor this 5`" day of February 2019. CIT OF LAUREL y omas C. Nelson, Mayor Bethany a gv , r_Treasurer Approved as to form: 9, Sam S. P ner, Civi ity Attorney R19-03 Employment Contract —City Planner 1I CITY0aiL |i5Yx|»ST MAYOR 0pC'h2x-8456 PUB. WORKS: 82V479u WATER OFC.: 628-7*3/ COURT: 628-1964 FAX: 628-224 3anuary 14,2019 Nicholas Altonaga 57 Main Street, Apt. 1 Littleton, NH 03561 P.O.Dear Nicholas Altonaga, Box 10 Laurel, Montana 59044 Office of the INIHyor Congratulations | You have been selected for the City Planner Uposition with the City ofLaurel. The following information is pertinent to your employment with the City of Laurel: ° Start date: February 6m,2O}9 0 Starting salary: $48,131.20 annually • FLSA5tatus: Exempt m Work schedule: Monday -Friday from Oamo-5pn\dependent onoperational needs. • Report to: Chief Administrative Officer • Probationary period: Six months /1ODcalendar days) Please review, sign, and return this document as soon as possible (electronically). The City Council is scheduled to review this offer of employment on February 5th, 2019. |tisrnydesire tupresent you tuthe City Council atthat time. When reporting for your first day, present this signed conditional offer letter and your driver's license atCity Hall. Your direct supervisor, the Chief Administrative Officer, will take care of you from there. We look forward to working together with you to help build Laurel's future. Thank You for your perseverance through our hiring process. Sincerely, Thomas C. Nelson Mayor LNicholas Altonaga, hereby accept the position of City Planner U'and accept the conditions set EMPLCTMENT AGREEMENJ City Planner If This employment agreement is made and effective this February 6th, 2019 by and between the City of Laurel, Montana, hereinafter referred to as "City" and Nicholas Altonaga, hereinafter referred to as the "Employee." When the term "parties" is utilized in this agreement, the term means the "City and Employee," jointly. In consideration of their mutual promises set forth herein, the parties hereby agree as follows: 1. Employment. City hereby employs Employee in accordance with Article iii, Section 3 of the City's Charter and Employee hereby accepts such employment, upon the terms and conditions set forth in this written agreement of employment. The parties intend to create a written agreement of employment in accordance with MCA §39-2-912(2) and therefore agree that this agreement and the City's Job Description attached hereto constitutes the entire agreement between the parties and that no oral promises, representations or warranties have been made or are an enforceable part of this agreement. 1.1. Employee shall serve as the City's Planning Director. The City has classified the position as an Exempt/Non-Un ion Position as contained In the Job Description attached hereto and incorporated herein. Employee shall commence employment under this Agreement upon approval by the City Council. 1.2. Employee shall perform the essential duties and responsibilities contained in the attached Job Description and shall report directly to the City's Chief Administrative Officer. 1.3. The Employee shall not be reassigned from the position of City Planner 11 to another position without the Employee's prior express written consent. 1.4. The Employee shall be subject to passing a pre-employment drug test. 2. Salary. City shall compensate Employee, as an Exempt, Non -Union, Salary Employee as follows: 2.1. City shall pay Employee for services rendered pursuant hereto an annual salary in the sum of $48,131.20, payable in equal installments at the same time as other employees of the City are paid. Employee shall serve a six-month (180 calendar day) probationary period. Employee thereafter is eligible for an annual increase on the anniversary of the Employee's start date of this Agreement. Employee's annual increase shall be calculated at the same percentage equal to other non-union employees, of the then current salary of the Employee. 2.2. Expenses: City recognizes that certain expenses of a non -personal and generally job - affiliated nature are incurred by Employee (i.e. official travel, etc.), and hereby agrees to reimburse or to pay reasonable expenses and the City Treasurer, upon approval by the Mayor, is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. City Planner ii Offer and Agreement Page 2 of 7 2.3. Taxes: All payments made to and on behalf of Employee under this agreement are subject towithholding ofany required federal, state orlocal income and employment 3. Term. 3.1. The term of this agreement shall befor four (4)years commencing the start date above, pending the City Council approves the agreement. The City Council may extend orrenew the agreement asdesired. 3.2.The Employee shall serve asix-month /100 calendar day) probationary period that shall commence mnthe first day the employee reports for work. 3.3. The Employee's regular schedule shall conform to normal City business hours, Monday through Friday from O:0Oanmto5:0Qpm. The Employee understands that Insome occasions, the Employee may work outside of these normal business hours to attend meetings, conferences, training, ormthordot/es. 3.4. Nothing in this agreement shall prevent, limit or otherwise Interfere with the authority ofthe Mayor toterminate the services mf the Employee atany time, subject only tothe provisions set forth inSection 7,Paragraphs 7.1through 7.G,ofthis agreement. 3.5. Nothing {nthis agreement shall prevent, limit orotherwise interfere with the right of the Employee to resign at anytime from the position with City, subject only to the provision set forth /nSection 7,Paragraphs 7.9and 7.7ofthis agreement. 3.6. Employee agrees to remain in the exclusive employ of the City and to not accept any other employment, or to become employed, by any other employer unless termination is affected as hereinafter provided. The term "employ and/or employed' shall not be construed to include occasional teaching, writing, consulting or military (Reserve, National Guard, or Auxiliary) service performed on Employee's time off or while under official orders. 4. Suspension The Mayor may suspend the Employee in accordance with the City's Personnel Policy Manual at anytime during the term of this agreement. Notice of suspension shall be made by the Mayor, In writing, identifying the start and end dates of suspension and reason for suspension. l Benefits. The City shall provide Employee the following benefits: 5.1. The City shall provide Employee with aone-time reimbursement for moving expenses mpto$2,000.O0. Reimbursement shall bemade after the agreed upon start date and with required documentation pursuant toCity policy. 5.2' The City shall provide Employee the same benefits provided its other non-union exempt employees under the City's Personnel Policy Manual, as amended, and as required byapplicable state and federal law. {L Employee represents that he/she shall attain and maintain the standard of personal and professionalconduct required by the City; the r6sumd and/or employment application furnished to the City are true and accurate in all respects, ut misleading,and do nt omitth i ) of any materialinformation; that the education and experience of Employee is as stated in the resume and/or application; that Employee is In good health; that the Employee knows of no present condition which now or in the future may adversely affect his/her health orhis/her ability toperform his/her job; andthattheEnmpioyeehasfu||ydisdosmdbothaCitva||facLsvvhich are material tothe City's decision tmemploy the Employee. 7. Termination of Employment. 7. LThis agreement and Employee's employment immediately terminate upon Employee's death or finding or determination of a disability that prevents the Employee from performing the essential duties and responsibilities of the assigned position. 7.2,!fthe Mayor terminates Employee without cause and Employee iswilling and able tu perform his/her duties under this agreement, then the City shall pay the Employee severance payment equivalent to four (4) calendar months of the Employee's then current salary. Employee shall also be compensated for all accrued and remaining vacation leave, computed on an hourly basis determined by dividing the Employee"s then current annual salary by 2080 hours, and in accordance with the City's Personnel Policy Manual. The City shall comply with all IRS rules and regulations governing severance pay and tax withholding requirements. 7.3. If the Employee is terminated "for cause" or voluntarily resigns his/her employment, the City has no obligation to pay the severance payment provided in this paragraph. Employee shall receive payment for any remaining vacation balance as described in this paragraph, For cause means any legitimate business reason, or asotherwise defined by Montana law. 7.4. During the effective date of this agreement, if the City Involuntarily reduces the 5msalary orotherwise refuses tocomply with any provision ofthis agreement that benefits Employee, he/she, athis/her option, may elect bmbeconsidered terminated without cause entitling him/her tothe severance payment provision contained /nparagraph 7,2, 7.5. If the Employee resigns following a formal suggestion by the Mayor that the Employee resign for no cause, the Employee, may at his/her option, elect to be considered terminated at the date of such suggestion entitling him/her to the severance payment provision contained in paragraph 7'2. 7.6. If the City's Mayor terminates the Employee without cause at any time during the six (6) calendar months subsequent to the seating and swearing-in of a newly elected Mayor while the Employee is willing and able to perform his duties under this agreement, the City shall pay the severance sum provided in paragraph 7.2 above. 7.7. If the Employee voluntarily resigns his/her position with the City, he/she must provide the City with thirty (30) calendar days advance notice, unless the parties otherwise agree in writing. 7.8. (fEmployee's termination results from death ordisability, the City's final compensation tmthe Employee |s limited tmpayment for services rendered todate and payment for any accrued and remaining vacation leave in accordance with the City's Personnel Policy Manual. City Planner UOffer and Agreement Page 4of7 79. If the Emtermination results from cause, the City's final compensation to Employee blimited to payment for services rendered todate inaccordance with the City's Personnel Policy Manual, and payment for any accrued and remaining vacation leave calculated atthe then current salary. 7.10. Conditioned upon the City fulfilling its obligations topay the Severance Amount, the Severance Benefits and the Current Obligations, upon a Unilateral Severance, the Employee waives and releases the Employee's rights tocontinued employment with the City and the parties waive and release the right toahearing mnthe issue ofgood cause. In the event of a Unilateral Severance, the parties agree not to make disparaging comments urstatements about each other. O' Confidentiality. Employee acknowledges that during course ofemployment he/she might obtain and gather confidential Information regarding the City's operations or employees. Employee further acknowledges that all confidential information Is the City's property and In no event shall the Employee disclose such Information to any person or entity unless disclosure is requested bythe City orrequired by law. 9. Performance Evaluation. The City's Chief Administrative Officer (herein after shall review and evaluate the performance ofthe Employee at least once annually. The review shall occur onorabout the Employee's anniversary date ofhire. The review and evaluation shall be in accordance with specific criteria which may be modified as the CAO may, from time to time, determine necessary and proper, in consultation with the Employee. The Employee shall provide the CAO a self-evaluation at least two weeks prior the annual joint evaluation. The CAQ shall personally review the evaluation with the Employee and provide the Employee anadequate opportunity todiscuss the evaluation. 9.1. In the event the CAO determines that the evaluation instrument, format and/or procedure are to be modified, and such modifications would require new or different performance expectations, then the Employee shall be provided a reasonable period of time todemonstrate such expected performance before being evaluated. 9.2. Unless the Employee expressly requests otherwise in writing, except to the extent prohibited bymr inmaterial conflict with Applicable Laws and Authorities, the evaluation of the Employee shall at all times be conducted in a meeting with the CAO and shall baconsidered private tothe maximum and full extent permitted by law. Nothing herein shall prohibit the CAO or the Employee from sharing the content of the Employee's evaluation with their respective legal counsel, 18. Professional Development. City shall budget and pay for the traveland subsistence expenses mfEmployee for short courses, instates, and seminars that are necessary for his/her professional development for the good of the City, pending available funding. The City desires the Employee join and participate in professional organizations including, but not limited to, the Montana Association of Planners, Association of Montana Floodplain Managers, and American Planning Association. The City shall pay Employee's membership dues and annual conference fees to encourage such membership and attendance' City Planner 11 Offer and Agreement Page 5mf7 11. Bonding. City shall bear the full cost of any fidelity or other bonds required of the Employee under its Charter orany applicable law orordinance. 12. Other Terms and.Conditions of Employment. The CAO, |nconsultation with the Employee, shall fix other terms and conditions ofemployment, asthey may determine necessary from time to time, relating to the performance of the Employee provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the City's Charter, Ordinances orany other applicable law. 13. Indemnification. City shall defend, isave harmless and Indemnify the Employee against any tort, professional liability claim or demand or other legal action, costs and attorney's fees incurred in any legal proceedings, whether groundless or otherwise, arising out of an alleged act oromission occurring inthe performance ofEmployee's duties. The City may compromise and settle any such claim orsuit and will pay the amount ofany settlement or judgment rendered thereon. The obligations mftheCityundorthisseciionsha|inotapp!y|f: ~ The conduct of the Employee complained of constitutes oppression, fraud or malice, or for any reason does not arise out ofthe course and scope ofthe Employee's employment; or, ° The conduct of the Employee complained of constitutes a criminal offense as defined under Montana law; or, ° The Employee compromised or settled the claim without the consent of City; or, ° The Employee fails or refuses to cooperate reasonably in the defense of the case. 14. Availability. Employee acknowledges that they must beavailable 6veither cellphone or telephone after work hours incases ufemergency, Employee shall provide the CAO and appropriate department heads his/her contact information for after hour emergency notifications. The City does not require the Employee tobe on'ca/|,simply available by telephone |fanemergency should arise for purposes ofnotification. 15. Miscellaneous. This agreement contains the entire agreement and supersedes all prior letters, agreements, and understandings, oral orwritten, with respect tothe subject matter hereof. This agreement may bechanged only byanagreement inwriting signed bythe party against whom any waiver, change, amendment or modification is sought. This agreement shall be construed and enforced in accordance with the City's Charter, Ordinances and applicable laws ofthe State gfMontana. 16. Personal 8greement. The obligations and duties ofthe Employee hereunder shall he personal and not assignable to any person or entity, although the agreement is binding and shall inure to the benefit of Employee's heirs and executors at law. 17. Notices. Notices pursuant to this agreement shall begiven in writing by deposit in the custody ofthe United States Postal Services, certified postage prepaid, addressed as City Planner UOffer and Agreement If to the City: Office of the Mayor, PO. Box 10, Laurel, MT 59044; and If to the Employee: Nicholas Altonaga,57Main Street, Apt. 1,Littleton, NH 03561 Notice shall be deemed delivered and received as of three business days after the date of deposit of such written notice in the course of transmission in the United States Postal Service. Either party may, from time to time by written notice to the other party, designate adifferent address for notice purposes, The Employee shall provide the City acurrent mailing address when relocation iscomplete. 18Renegotiation. The Parties may commence negotiation of a subsequent employment agreement six (6) months prior to the expiration of this employment agreement, IN WITNESS WHEREOF, the parties hereto have executed this Agreement on February 6th, 2019. This agreement is contingent upon its approval via Resolution of the City Council, EMPLOYEE CITY OF LAUREL ATrFr,T' [kyplannerUOfferand*gmemau