HomeMy WebLinkAboutResolution No. R19-41RESOLUTION NO. R19-41
RESOLUTION AUTHORIZING AND APPROVING AN EMPLOYMENT CONTRACT
BETWEEN THE CITY OF LAUREL AND NICK ALTANOGA WHO SHALL BE
EMPLOYED AS THE PLANNER DIRECTOR FOR THE CITY OF LAUREL.
WHEREAS, Nick Altanoga currently works as the City's Planner II and he has successfully
performed such position for the City of Laurel since his hire date; and
WHEREAS, the Mayor determined that based upon his knowledge and performance to date, it is
appropriate to promote Nick Altanoga to the Position of the City's Planning Director; and
WHEREAS, the Mayor negotiated the attached employment contract with Nick Altanoga to
serve as the City Planning Director pursuant to the Position Description that is attached thereto and is
recommending the contracts approval by the City Council; and
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.
Eaton.
2019.
Introduced at a regular meeting of the City Council on August 20, 2019, by Council Member
PASSED and APPROVED by the City Council of the City of Laurel this 201h day of August
APPROVED by the Mayor this 201h day of August 2019.
CITY OF LAUREL
_ o..
mas . Nelson, may,or
ATTFST
Bethany Lan e, -k-Treasurer
Approved a to fo
Sam S. Painter, Civil ity Attorney
R19-41 Employment Contract — City Planning Director
This employment agreement is made and effective this 20th day of August 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-Union 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 Mayor and/or Chief
Administrative Officer.
1.3. The Employee shall not be reassigned from the position of City Planner Director 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 $55,120.00 payable in equal installments at the same time as other employees
of the City are paid. Employee 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.
2.3. Taxes: All payments made to and on behalf of Employee under this agreement are
subject to withholding of any required federal, state or local income and employment
taxes.
3. Term.
3.1. The term of this agreement shall be for four (4) years commencing the date the City
Council approves the agreement. The City Council may extend or renew the agreement
as desired, upon recommendation by the Mayor.
3.2. The Employee's regular schedule shall conform to normal City business hours, Monday
through Friday from 8:00am to 5:00 pm. The Employee understands that in some
occasions, the Employee may work outside of these normal business hours to attend
meetings, conferences, training, or other duties.
3.3. Nothing in this agreement shall prevent, limit or otherwise interfere with the authority
of the Mayor to terminate the services of the Employee at any time, subject only to the
provisions set forth in Section 7, Paragraphs 7.1 through 7.6, of this agreement.
3.4. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of
the Employee to resign at any time from the position with City, subject only to the
provision set forth in Section 7, Paragraphs 7.5 and 7.7 of this agreement.
3.5. 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 any time 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.
5. Benefits. The City shall provide Employee the following benefits:
5.1. 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 by applicable state and federal law.
6. Representations and Warranties. Employee represents that he/she shall attain and
maintain the standard of personal and professional conduct required by the City; the
resume and/or employment application furnished to the City are true and accurate in all
respects, are not misleading, and do not omit the provision of any material information;
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 or his/her ability
to perform his/her job; and that the Employee has fully disclosed to the City all facts which
are material to the City's decision to employ the Employee.
7. Termination of Employment.
7.1. This 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. If the Mayor terminates Employee without cause and Employee is willing and able to
perform his/her duties under this agreement, then the City shall pay the Employee a
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 as otherwise defined by
Montana law.
7.4. During the effective date of this agreement, if the City involuntarily reduces the
Employee's salary or otherwise refuses to comply with any provision of this agreement
that benefits Employee, he/she, at his/her option, may elect to be considered
terminated without cause entitling him/her to the severance payment provision
contained in paragraph 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. If Employee's termination results from death or disability, the City's final compensation
to the Employee is limited to payment for services rendered to date and payment for
any accrued and remaining vacation leave in accordance with the City's Personnel
Policy Manual.
7.9. If the Employee's termination results from cause, the City's final compensation to
Employee is limited to payment for services rendered to date in accordance with the
City's Personnel Policy Manual, and payment for any accrued and remaining vacation
leave calculated at the then current salary.
7.10. Conditioned upon the City fulfilling its obligations to pay the Severance Amount,
the Severance Benefits and the Current Obligations, upon a Unilateral Severance, the
Employee waives and releases the Employee's rights to continued employment with
the City and the parties waive and release the right to a hearing on the issue of good
cause. In the event of a Unilateral Severance, the parties agree not to make disparaging
comments or statements about each other.
8. Confidentiality. Employee acknowledges that during his/her course of employment 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 by the City or required by law.
9. Performance Evaluation. The City's Mayor and/or Chief Administrative Officer (herein after
"CAO") shall review and evaluate the performance of the Employee at least once annually.
The review shall occur on or about the Employee's anniversary date of hire. The review and
evaluation shall be in accordance with specific criteria which may be modified as the
Mayor/CAO may, from time to time, determine necessary and proper, in consultation with
the Employee. The Employee shall provide the Mayor/CAO a self-evaluation at least two
weeks prior the annual joint evaluation. The Mayor/CAO shall personally review the
evaluation with the Employee and provide the Employee an adequate opportunity to
discuss the evaluation.
9.1. In the event the Mayor/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 to demonstrate such expected performance before being evaluated.
9.2. Unless the Employee expressly requests otherwise in writing, except to the extent
prohibited by or in material conflict with Applicable Laws and Authorities, the
evaluation of the Employee shall at all times be conducted in a meeting with the
Mayor/CAO and shall be considered private to the maximum and full extent permitted
by law. Nothing herein shall prohibit the Mayor/CAO or the Employee from sharing the
content of the Employee's evaluation with their respective legal counsel.
10. Professional Development. City shall budget and pay for the travel and subsistence
expenses of Employee for short courses, instates, certifications, 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.
11. Bonding. City shall bear the full cost of any fidelity or other bonds required of the Employee
under its Charter or any applicable law or ordinance.
12. Other Terms and Conditions of Employment. The Mayor and/or CAO, in consultation with
the Employee, shall fix other terms and conditions of employment, as they 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 or any other applicable law.
13. Indemnification. City shall defend, save 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 or omission occurring in the performance of Employee's duties. The City may
compromise and settle any such claim or suit and will pay the amount of any settlement or
judgment rendered thereon. The obligations of the City under this section shall not apply if:
• The conduct of the Employee complained of constitutes oppression, fraud or malice, or
for any reason does not arise out of the course and scope of the 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 be available by either cellphone or
telephone after work hours in cases of emergency. Employee shall provide the Mayor/CAO
and appropriate department heads his/her contact information for after hour emergency
notifications. The City does not require the Employee to be on-call, simply available by
telephone if an emergency should arise for purposes of notification.
15. Miscellaneous. This agreement contains the entire agreement and supersedes all prior
letters, agreements, and understandings, oral or written, with respect to the subject matter
hereof. This agreement may be changed only by an agreement in writing signed by the
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 of the State of Montana.
16. Personal Agreement. The obligations and duties of the Employee hereunder shall be
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 be given in writing by deposit in the
custody of the United States Postal Services, certified postage prepaid, addressed as
follows:
If to the City: Office of the Mayor, P.O. Box 10, Laurel, MT 59044; and
If to the Employee: Nicholas Altonaga, 3922 Victory Circle APT #85 Billings, MT
59102
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
a different address for notice purposes. The Employee shall provide the City a current
mailing address when relocation is complete.
18. Renegotiation. 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 August
2019. This agreement is contingent upon its approval via Resolution of the City Council.
CITY OF LAUREL
Thomas C. Nelson, Mayor
/VE—Fal
City Clerk -Treasurer
0
I Im
TITLE: PLANNING DIRECTOR
FLSA STATUS: EXEMPT
ACCOUNTABLE To: CHIEF ADMINISTRATIVE
OFFICER
POSITION STATUS: REGULAR ]FULL-TIME
Job Summary:
Under administrative direction, performs a variety of routine and complex technical and professional
work in the current and long-range planning for the City and the development and implementation of
land use and related policies and regulations.
Scope of Responsibility:
This position reports directly to the Chief Administrative Officer. This position has supervisory
responsibilities over the building and code enforcement departments.
Essential Duties and Responsibilities:
I. Serves the City of Laurel in a Department Head capacity:
1.1 Plans, directs, and coordinates a comprehensive program designed to assure a high
quality level of services.
1.2 Recommends overall goals for city planning operations.
1.3 Provides advice and counsel to the Mayor and the City Council in relation to projects and
developments.
1.4 Maintains close working relationships with other City department -heads.
1.5 Initiates and follows sound organization, administrative practices, and policies;
Effectively utilizes resources.
1.6 Applies for and administers grants received by the city.
1.7 Receives and answers citizens' complaints and inquiries.
1.8 Establishes rapport with contacts through effective communication
1.9 Serves as a member of various staff committees as assigned.
2. As the City's key coordinator for planning activities:
2.1 Coordinates and manages the City's Growth Policy, including but not limited to:
2.1.1 Planning for and encouraging a diversity of housing options with regard to
affordability, styles, and size.
2.1.2 Encouraging economic development, including the promotion of a diversity of
business types and sizes with a particular emphasis on the development of
family -wage jobs.
2.1.3 Assists with and promotes transportation systems that encourage environmental
friendly alternatives, i.e., bike lanes, paths and trails, high quality sidewalks and
other walking links, etc.
2.1.4 Reviews, researches, prepares reports, and recommends changes in the City's
current and long-term plans, as well as in zoning and land use regulations.
Planning Director
Adopted 01/07/2414
Page 1 of 3
2.2 Evaluates land use proposals for consistency to adopted plans and ordinances; evaluates
the development impact of proposals, as related to adopted plans of the City, and makes
recommendations.
2.3 Evaluates land use applications and site plans for compliance with applicable local, State,
and Federal laws. Monitors assigned land use applications through the approval stages,
and prepares reports and related data as required.
2.4 Provides staff support to the Laurel City -County Planning Board.
2.5 Attends and participates in all meetings of the Laurel City -County Planning Board.
2.6 Prepares planning reports and supporting data, including recommendations on various
land use proposals.
2.7 Assists in designs for parks, streetscapes, landscapes, and other municipal projects.
2.8 Applies for and administers the Laurel Transit Grant and public transit system.
2.9 Evaluates land use for floodplain administration as the City Floodplain Administrator.
2.10 Provides staff support to the City Tax Increment Finance District and committees formed
by the City Council.
3. As the City's primary source of planning, zoning, and land use information:
3.1 Provides information on land use regulations, zoning ordinances, growth policies, and
procedures for addressing growth and change in the community to the public, other City
staff, the Mayor, the City Council, and to other professionals, developers, and
contractors.
3.2 Gathers, interprets, and prepares data for studies, reports, and recommendations;
coordinates planning activities with other departments and agencies.
3.3 Conducts technical research studies and prepares statistical reports and recommendations
for drafting or revising local legislation and plans, projecting trends, monitoring socio-
economic data, etc.
3.4 Assists City staff in the enforcement of local ordinances and in interpreting City codes
and master plans.
3.5 Updates community maps; prepares graphics and maps for reports, plans, grant
applications, publications, or meetings.
3.6 Assists in maintaining the database of information for planning purposes.
Minimum Qualifications:
• Graduation from an accredited four-year college or university with a Bachelor's degree in land -use
planning, urban planning, or a closely related field.
• Minimum of five years of experience as a land use planner for a public agency or consulting firm.
• AICP Preferred.
• Demonstrated knowledge of zoning and subdivision theory and history and of comprehensive
planning, including rationale, creation, and enforcement.
• Knowledge and skill in the operation of computers and computer software, including Word, Excel,
and PowerPoint; working knowledge of ArcView a plus.
• Ability to express oneself effectively in all avenues of communication.
Personal Attributes/Skills Required or Preferred:
• Collaborative problem -solving and negotiating skills.
• Ability to develop, implement, and maintain effective record-keeping systems, procedures and
policies.
• Ability to lead large and small projects from inception to completion with close attention to detail.
Planning Director
Adopted 01/07/2014
Page 2 of 3
• Ability to keep certain proprietary information confidential.
• Ability to establish effective working relationships; and communicate professionally with the
public.
• Ability to exercise discretion, tact, courtesy, and patience with difficult internal and external
customers.
Physical Demands & Working Conditions
The position requires some standing, bending, stooping, sitting, walking, reaching, talking and hearing.
The employee must frequently lift and/or move up to 50 pounds. Specific vision abilities required by
this job include close vision. Most work is in normal office environment, with occasional visits to
various planning sites within the Laurel City/County Planning jurisdiction.
Planning Director
Adopted 01/07/2014
Page 3 of 3