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HomeMy WebLinkAbout2018-88RESOLUTION NO. 2018 -88 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the position of City Manager is anticipated to become vacant on December 31, 2018, due to the retirement of Walter Fehst; and WHEREAS, at their November 15th, 2018 meeting the City Council made a contingent offer of the City Manager position to Kelli Bourgeois, current Human Resources Director/ Assistant City Manager, which she accepted. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does hereby appoint Kelli Bourgeois, City Manager, of the City of Columbia Heights, effective January 1, 2019, or the day following the current City Manager's last day of employment, whichever occurs last, under the following terms and conditions of employment: 1. POSITION. Employer agrees to employ Employee as its City Manager. Employee agrees to serve as City Manager in accordance with State Statutes, City Charter, City ordinances and the Code of Ethics of the International and Minnesota City /County Management Associations, and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign. 2. 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. 3. DEFERRED COMPENSATION PLAN. Employer shall contribute to a Deferred Compensation Plan, if selected by Employee, matching up to $5,000 of the Employee's contribution. 4. SALARY. Employer shall pay Employee a salary of $140,000 per year starting January 1, 2019 or the day following the current City Manager's last day of employment, whichever occurs last. Employer and Employee agree that an initial performance review will be conducted by the City Council on Employee after six (6) months, 12 months and annually thereafter. The City Council agrees to consider up to a 2.5% increase in compensation to the Employee dependent upon the results of the 6 month and 12 month performance evaluations. If the City Council fails to do an annual review in a timely manner (one month from the anniversary of the start date), then the Employee will automatically receive a comparable increase as other management employees. The Cost of Living Adjustment (COLA) will be the same as enjoyed by other management employees. 5. SENIORITY. For purposes of employment benefits, personal days, to be used as sick leave, vacation leave, and the like, Employee will be credited with having completed four (4) years of employment with the City upon her first day of employment. 6. PAID TIME OFF. Effective upon Employee's first day of employment, Employee shall be credited with thirty -two (32) paid time off (PTO) days to be used as sick leave, vacation and the like. A maximum of fifteen (15) days may be carried over into the new year. Effective upon Employee's first day of employment as City Manager, 80 hours of Employee's existing vacation bank will be transitioned over for use in 2019. Effective upon Employee's first day of employment as City Manager, all of Employee's existing sick leave bank will be put into a separate fund to be used in the future for an FMLA qualifying event. If Employee leaves employment with the City, any remaining sick leave balance will be paid into a Retirement Health Savings Account at the percentage payout based on overall years of service as outlined in the Personnel Policy. City of Columbia Heights - Council Resolution 2018 -88 7. HOLIDAYS. Employer shall provide Employee the same holidays as enjoyed by other management employees. 8. GENERAL INSURANCE. Page 2 Employer shall provide Employee the same group hospital, medical, dental, life, HSA, and disability insurance benefits as provided to all other management employees. 9. DUES AND SUBSCRIPTIONS. Employer shall budget and pay the professional dues and subscriptions for Employee which are deemed reasonable and necessary for Employee's continued participation in regional, state and local associations necessary and desirable for Employee's continued professional participation, growth and advancement. 10. 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 serves as a member. Employee shall use good judgement in her outside activities so she will not neglect her primary duties to the Employer. 11. 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. 12. AUTOMOBILE. Employee shall be paid a monthly allowance of $200 a month for use of her personal automobile for Employee business within the seven (7) County Metro area, not including her commute to and from work. If she chooses to apply that allowance towards the use of a plug -in hybrid or a plug -in electric, she would be paid $400 a month, with a proof of lease or ownership. 13. 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. 14. HOURS OF WORK. It is understood the position of City Manager 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 over and above her minimum of a forty (40) hour work week. It is further understood that Employee may absent herself from the office to a reasonable extent in consideration of extraordinary time expenditures for evening and weekend meetings at other than normal office hours. 15. TERMINATION BENEFITS. In the event Employee is terminated by the Employer during such time that Employee is willing and able to perform the duties of City Manager, then in that event, Employer agrees to pay Employee at the time of receipt of her last paycheck a lump sum cash payment equal to the following: If within the first year of employment, three month's aggregate salary and continued Employer paid benefits as set forth in paragraph 8; for all years thereafter, six months' aggregate salary and continued Employer paid benefits as set forth in paragraph 8. However, in the event Employee is terminated at any time because of her malfeasance in office, gross City of Columbia Heights - Council Resolution 2018 -88 Page 3 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 Employee voluntarily resigns her positon with Employer, Employee agrees to give the Employer thirty (30) days advance notice. if Employee voluntarily resigns her position with Employer there shall be no termination pay due to Employee. GENERAL CONDITIONS OF EMPLOYMENT. 16. 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 and charter requirements. Furthermore, nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from her position with Employer, subject only to the provisions of this Agreement and City Charter. ORDER OF COUNCIL Passed this 26th day of November, 2018 Offered by: Buesgens Seconded by: Williams Roll Call: 4 Ayes -1 Nay; Motion Carried Ayes: Buesgens, Williams, Schmitt, Murzyn, Jr. Nay: Novitsky w, A� Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary