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HomeMy WebLinkAbout1192 Mills Appointment as City AdministratorBILL NO. 2013 -015 ORDINANCE NO. // / AN ORDINANCE APPOINTING GREGORY P. MILLS AS CITY ADMINISTRATOR FOR THE CITY OF RIVERSIDE, CONTINUING THE EMPLOYMENT OF GREGORY P. MILLS IN THE POSITION OF DIRECTOR OF PUBLIC SAFETY, AND AUTHORIZING AN EMPLOYMENT AGREEMENT IN CONNECTION WITH SUCH APPOINTMENT WHEREAS, a vacancy exists in the position of City Administrator within the City; and WHEREAS, Section 77.042 RSMo provides for the appointment of a City Administrator by the Board of Aldermen with the approval of Mayor; and WHEREAS, the Board of Aldermen find it is in the best interest of the City to appoint Gregory P. Mills to serve in the capacity of City Administrator to assume all responsibilities and duties of the position of City Administrator together with retention of the position of Director of Public Safety and performance of the duties of the Director of Public Safety; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1 — APPOINTMENT. Gregory P. Mills is hereby appointed as City Administrator for the City of Riverside and employment as the Director of Public Safety is hereby continued as further provided herein until such time as Gregory P. Mills is removed from either or both offices and a successor is duly appointed and qualified for such office. arL, 11UN z — LMI'LUYMENT AGREEMENT AUTHORIZED The employment agreement between the City and Gregory P. Mills in substantially the same form as attached hereto as Exhibit "A" is hereby approved and the Mayor is hereby authorized to execute the same on behalf of the City and the City Clerk is authorized to attest thereto. SECTION 3 - CONFLICTS. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4 - EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of thpJ3oard of Aldermen and PPROVED by the Mayor of the City of Riverside, Missouri, this 4 h- day of = A J 2013. D Mayor Kathleen L. Rose ,ATTEST: c�iLe Robin Littrell, City Clerk Approved s to form: N EMPLOYMENT AGREEMENT THIS AGREEMENT made and entered into this /9 - day of r1P 2013 by and between the City of Riverside, Missouri, a municipal corporation (hereinafter "City") and Gregory Mills (hereinafter "Employee "): WHEREAS, the City desires to employ Employee as City Administrator for the City of Riverside, Missouri and continue his employment as Director of Public Safety for the City of Riverside; and WHEREAS, the City and Employee desire to enter into an agreement for the duties, compensation, benefits and other conditions of employment as City Administrator and Director of Public Safety with the City of Riverside, Missouri; NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the parties agree as follows: 1) Duties. a. The City agrees to employ Employee, effective immediately, as City Administrator, to perform duties specified in the Riverside Code of Ordinances, Riverside City Policies, the laws of the State of Missouri, the duties listed in the job description for this position, and other legally permissible and proper duties, as assigned by the Mayor and Board of Aldermen from time to time. b. The City agrees to continue Employee's employment as Director of Public Safety. In that role, Employee is responsible for performing the duties specified in the Riverside Code of Ordinances, Riverside City Policies, the laws of the State of Missouri, the duties listed in the job description for this position, and other legally permissible and proper duties, as assigned by the Mayor and Board of Aldermen from time to time. c. Employee agrees to serve as City Administrator and perform all duties specified in the Riverside Code of Ordinances, Riverside City Policies, the laws of the State of Missouri, the duties listed in the job description for this position, and other legally permissible and proper duties, as assigned by the Mayor and Board of Aldermen from time to time. d. Employee agrees to continue to serve as Director of Public Safety and perform all duties specified in the Riverside Code of Ordinances, Riverside City Policies, the laws of the State of Missouri, the duties listed in thejob description for this position, and other legally permissible and proper duties, as assigned by the Mayor and Board of Aldermen from time to time. 2) Term. This agreement shall be effective on the date first written above and shall continue in effect for an indefinite period of time, subject to annual appropriation, until either the City or Employee give notice of termination. The City reasonably believes that moneys in an amount sufficient to make all payments to the Employee under the terns of this agreement can and will lawfully be appropriated and made available. Non - appropriation under the terms of this agreement shall mean the failure of the City to budget for Employee's position or a position with substantially the same duties and responsibilities for a period of one year. 3) Salary. The City shall pay the Employee a salary of $120,000 annually in accordance with City payroll policies. The City periodically provides for salary adjustments based on the market, internal equity, and merit. Merit salary increases, if given, will be based upon satisfactory performance or better during each year of employment. Any merit salary increase is at the discretion of the Mayor and Board of Aldermen, Pagel of 3 in accordance with the City's approved budget. The Employee shall also be considered for any market or internal equity adjustments, as budgeted by the Mayor and Board of Aldermen. 4) Performance Evaluations and Merit Consideration. a. Annually, the Employee, Mayor and Board of Aldermen shall define goals and performance objectives that they determine necessary for the proper operation of the City. b. The Mayor and Board of Aldermen shall review and evaluate the performance of the Employee at least once annually in advance of the adoption of the City's annual operating budget. Said review and evaluation shall be in accordance with the performance goals set for the Employee. c. Merit consideration for salary increases will be provided at least once each year of employment, subject to appropriation in the annual budget. 5) Vacation and Leave Accrual. Employee shall accrue vacation and other employee leave according to the personnel policies adopted by the City, as amended from time to time. 6) Other Employee Benefits. The City shall provide other standard employee benefits, such as medical, dental, vision, and life insurance, in the same manner as such benefits are provided to all other employees in accordance with the City personnel policies, as amended from time to time. 7) Hours of Work, Dues, Subscriptions and Expenses. Employee's hours of work, dues, subscriptions, professional development, memberships and general expenses shall be in accordance with the City's policies and guidelines. General expenses for such activities shall be in accordance with budgettfiscal guidelines approved by the Mayor and Board of Aldermen. 8) Resignation. a. If the Employee voluntarily resigns the position as City Administrator /Director of Public Safety, Employee shall provide the City with a minimum of 30 days written notice, in advance, unless such notice is waived, by the concurrence of a majority of the Board of Aldermen. a. Upon resignation, the Employee shall receive compensation for all accrued leave, in accordance with City ordinances and personnel policies then in effect. 9) Acknowledgement of At -Will Employment. The Employee acknowledges that Employee is an "at- will" employee and may be terminated at the discretion of the Mayor and Board of Aldermen. Removal shall occur in accordance with the terms of this Agreement. 10) Termination. The Employee may be terminated with or without cause by the Mayor and Board of Aldermen by written notice. a. In the event the Employee is terminated without cause or the Employee's position is eliminated due to non - appropriation, unless otherwise agreed to in writing by the City and the Employee, the City shall allow the employee severance pay as follows: i. Utilization of all accumulated vacation time and continue health and life insurance benefits at the level provided immediately prior to termination; and ii. Once the available vacation leave balance has been drawn down, the City will provide an additional thirty-five (35) weeks of salary, payable bi- weekly, and continue health and life insurance benefits at the level provided immediately prior to termination. b. In the event the Employee is terminated with cause the Employee shall not be entitled to severance pay. The Employee shall receive compensation for all accrued leave, in accordance with City ordinances and personnel policies in then effect. Page 2 of 3 c. For the purposes of this Agreement, the term "cause" shall include the Employee's material breach of this Agreement; fraud, misappropriation or embezzlement involving assets of the City; any other intentionally wrongful acts which involve personal gain to the Employee; conviction of the Employee of a felony; any action in violation with the Drug and Alcohol policies of the City; any action which constitutes a material violation of the equal employment opportunity or sexual harassment policies set forth in the City personnel policy; or insubordination, acts of dishonesty, disclosing confidential City information, chronic absence from work for reasons other than medical or illness, misconduct by Employee that could discredit or damage the City's reputation, or engaging in misconduct that could reasonably lead to legal action against the City, Mayor or Board of Aldermen. d. If the Employee resigns following an offer to accept resignation, whether formal or informal, by a representative of the majority of the Board of Aldermen (including the Mayor) that the Employee resigns, such resignation may deemed to be involuntary and Employee may declare a termination hereunder as of the date of the suggestion. In such event, eligibility for severance pay shall be determined by the provisions contained in Paragraph 10(a) 10(b) and 10(c). 11) Modification or Changes to This Agreement. This Agreement shall remain in full force and effect until modified by the parties. Any modification of the terms of this Agreement must have the concurrence of a majority of the entire Board of Aldermen, be in writing and be executed by the City and the Employee. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written above. i1 ! h. w o ATTEST: � a . Robin Littrell, City Clerk Page 3 of 3