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HomeMy WebLinkAbout2021 05-03 CCP SpecialCouncil Special M eeting V I RT UA L meeting being conducted by electronic means in accordance with Minnesota S tatutes, section 13D.021 P ublic portion available for connection via telephone Dial: 1-312-626- 6799 Meeting I D: 96421944665# Passcode: 429622 May 3, 2021 AGE NDA 1.Call to Order - 5 p.m. The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City C ounc il packet is available to the public . The packet ring binder is loc ated at the entrance of the council chambers. 2.Roll Call 3.Item M oved from April 26, 2021 M eeting A.Performance Review of Acting City M anager 4.Adjourn C ouncil Special Meeng DAT E:5/3/2021 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:D r. Reginald Edw ards , A c)ng C ity M anager S U B J E C T:Performance Review of A c)ng City Manager B ackground: A pril 13, the C ity C ouncil appointed me as the A c)ng City Manager. W henever a s taff member w ork s outside of his/her classifica)on for any s ignificant )me the pay is adjus ted to meet the new res pons ibili)es of that clas s being w orked by the individual. C las s ifica)ons are based upon criteria s uch as work du)es, res pons ibili)es , experience and exper)se. I n the event an employee w orking at a clas s of less res pons ibili)es (i.e. s uper visor or team lead) is promoted to a clas s of greater res pons ibili)es (i.e. manager or dir ector ) then the employee is paid in accordance to the greater res pons ibili)es being carried out. A s A c)ng C ity Manager, I have had the opportunity to meet almos t the en)r e staff either v irtually or in- pers on. I n lis tening to s taff, I believe one of the more cri)cal meas ur es needed at this )me is stability and predictability. The termina)on of the former C ity Manager and Police C hief has had a destabiliz ing effect among s taff. I n addi)on, s taff con)nue to work during a unprecedented pandemic (C O V I D -1 9 ) and uns e@ling )me. The ability to mov e C ity forw ard with its strategic prior i)es , aide in city transforma)on ris ing out of the current crisis, s tabiliz ing opera)ons pos t C O V I D -1 9 and pres en)ng a sens e of s ecurity to the founda)on on w hich s taff w ork, I propose appointment to the pos i)on of C ity M anager. The mos t recent City Manager annual pay for the City w as approximately $150,000. T his would s erv e as the bas is for bi-weekly pay for the A c)ng C ity M anager. Wages for the C ity Manager, if appointed w ould be bas ed upon a contract agreement (s ee a@ached 3-year agreement) AT TA C H M E N TS : D escrip)on U pload D ate Type C ontract 4/29/2021 Backup M aterial 299098v1 CLL BR291-4 -1- City Manager Employment Agreement THIS EMPLOYMENT AGREEMENT (hereinafter referred to as the “Agreement”) is made and entered into by and between the City of Brooklyn Center, a Minnesota municipal corporation (hereinafter referred to as the “City”) and Reginald M. Edwards (hereinafter referred to as the “Manager”) as of the first Monday of the month of May, 2021 through the first Monday of the Month of May, 2024 (three years). WHEREAS, the City wishes to engage the services of the Manager as a professional employee; and WHEREAS, the parties wish to set forth the terms and conditions of their relationship in this contract in order to assure the requisite flexibility to enable the Manager to function as the City’s chief administrative official; and WHEREAS, the nature of the Manager’s position requires continued professional training and attendance at meetings during evenings and other non-traditional work times. NOW, THEREFORE, in consideration of the mutual covenants set forth in this agreement, City and Manager agree as follows: Section 1. Employment. Manager shall be employed by the City as City Manager commencing on the first Monday of the month of May 2021 through the first Monday of the Month of May 2024 (three years). Section 2 Duties. The duties of the Manager’s position shall be as set forth in the City’s Charter and ordinances and such other duties which are consistent therewith as may be assigned from time to time by the City Council. Section 3. Discharge of Duties. Manager shall be paid a salary as a professional employee and shall not be paid overtime for hours in excess of 40 hours per week and similarly shall be able to be absent in consideration of extraordinary time expenditures. The discharge of Manager’s duties requires work outside the normal work day for meetings and projects. To that end, the Manager will work flexible hours as is necessary to Manager to discharge the duties of his position. Section 4. Evaluation. Manager shall be evaluated on the performance of his duties in May of 2022 and at least annually thereafter by the City Council as a whole. Such evaluation shall be based on the written goals established by the City Council and the general duties set forth in Section 2 of this Agreement. Section 5. Participation in Employee Benefits. A) Health Insurance. The City shall provide health insurance coverage for the Manager in the same fashion as it provides health insurance for non-union employees. 299098v1 CLL BR291-4 -2- B) Life Insurance. The City shall provide life insurance coverage for the Manager in the same fashion as it provides life insurance for non-union employees. C) Except as otherwise specified within this Agreement, Manager shall receive or be eligible to participate in any other benefits provided for non-union employees generally. Section 6. Vacation and Holidays. Manager shall accrue days of vacation on the first day of each month equal to an annual rate of 20 days per year. Manager may accrue vacation to a maximum accumulation of 200 hours. Manager shall not be required to use vacation leave except for a whole day’s absence from performing Manager’s duties. The Manager may, at Manager’s discretion take ½ day increments of vacation leave for an absence from the performance of Manager’s duties. Upon leaving the City’s employ, for whatever reason, the Manager shall be entitled to payment for all accrued and unused vacation leave at the Manager’s then current rate of compensation. Manager shall also have the same paid holidays off from work as the City’s non -union employees. Section 7. Sick Leave. Manager shall accrue days of sick leave at the same rate as other non-union employees. Upon leaving the City’s employ, for whatever reason, the Manager shall be entitled to payment for all unused sick leave in accordance with the provision of the City’s personnel code applicable to non-union employees. Section 8. Compensation. A) Initial Salary. The Manager’s initial salary at the commencement of this contract shall be $162,000 per year. Such salary shall be paid at the intervals customarily used for other city employees. B) Salary Increases. The Manager’s salary shall be considered at the same time as and commensurate with the salary increases for other non-union employees of the City. Any changes in the Manager’s salary shall be pursuant to the written agreement of the Manager and the City. C) Personal Auto Usage. Manager shall be provided with a city owned vehicle for traveling to and from work. Manager shall be reimbursed for personal automobile use for trips, meetings, work, and other use related to his employment at the rate consistent with Internal Revenue Service regulations. 299098v1 CLL BR291-4 -3- D) Professional Membership Dues and Professional Subscriptions. The City will pay the cost of membership in the International City/County Management Association, the Minnesota City/County Management Association, and like organizations and subscriptions to professional journals and publications. E) Participation in Professional Training/Development. The City will pay the cost of the Manager’s participation and attendance at the ICMA Annual Conference or similar national training opportunity, MCMA Annual conference, League of Minnesota Cities Annual Conference and miscellaneous professional training programs offered within the State of Minnesota. Section 10. Expenses Incurred in Performing Duties. The City shall reimburse or directly pay for actual expenses reasonably incurred by the Manager that are directly related to performing Manager’s duties including lodging following late or early City business. The parties contemplate that the Manager will incur expenses for travel, attendance at meetings, etc. The Manager will be reimbursed for use of the Manager’s personal car at the current IRS rate. Section 11. Retirement Benefits. The City shall pay the employer’s portion of the Minnesota Public Employment Retirement Association contribution on Manager’s salary. The Manager shall, in addition to the retirement benefits provided above, be allowed to participate, at Manager’s own expense, in IRS approved deferred compensation plans offered through the City. Section 12. Discontinuance of Employment Relationship. The Manager shall be removable by the City Council at will subject only to the limitations imposed by the City Charter. Understanding that the Manager serves as the chief administrative official for the City and Manager’s employment status can be affected by political influences that are independent of job performance, the parties wish to make arrangements that reflect the realities of the marketplace and are necessary to recruit qualified persons. The parties wish to assure flexibility for the council, while providing for the ability of the Manager to perform Manager’s duties without undue concern for Manager’s financial security should the need arise to seek new employment. Therefore, the parties have made concessions and the Manager, as part of Manager’s compensation agreement has made concessions in the amount of salary and other forms of compensation in return for the covenants contained in this section 12 relating to the discontinuance of the employment relationship. A) Manager shall give the City 30 days ’ notice prior to discontinuing Manager’s employment, where there has been no event constituting an involuntary separation as hereinafter set forth. B) In the event an “involuntary separation” occurs, the Manager may choose to resign prior to the effective date of any formal action by the City to terminate Manager’s employment. C) Definitions. For purposes of this Agreement the term “involuntary separation” shall mean a formal request adopted at a public meeting by the City Council that the Manager resign or an action adopted by the City Council terminating this 299098v1 CLL BR291-4 -4- Agreement. The term “involuntary separation” shall also mean the resignation of the Manager within 30 days of the effective occurrence of any of the following: 1. A change in the form of government at the City due to the adoption, amendment or repeal of a home rule charter, election to adopt or repeal a particular statutory form of government (other than for a Plan B statutory form of government), or an ordinance/resolution changing the City’s organizational structure that diminishes or reassigns the Manager’s authority. 2. A fundamental change in the duties and authority of the Manager adopted by the City Council, by special or general election, or by referendum or initiative such that the City of Brooklyn Center’s status as a council - manager plan city is changed by ICMA to some status other than a council- manager form of government. D) Payment upon Involuntary Separation. In the event of an involuntary separation, whether through a resignation or resolution/motion terminating the Agreement, the Manager shall be entitled to the following: 1. Payment of all accrued vacation and sick leave at its full value at the Manager’s current rate of pay. 2. Payment by the City of the full cost of family health insurance, at level of coverage in effect just prior to the involuntary separation for a period of 9 full months from the date such involuntary separation becomes effective. In addition, the Manager shall be entitled, at Manager’s own cost to continue participation in the City’s group insurance plans for at least 18 months after the City is no longer required to make full payment of premiums for Manager’s insurance coverage, provided the City’s group insurance plan authorizes such continued participation. 3. Severance Payment. The Manager shall receive the following severance benefits: a) Nine (9) months salary computed at ½ the Manager’s gross annual wages. 4. Time of payment. All payments due under this section shall be paid by noon on the day after the separation becomes effective. 5. If the Manager is terminated by the City Council for substantiated and proven malfeasance in office, or intentional misconduct, the City shall have no obligation to provide payment and benefits listed in paragraph D) 1 through D) 3 of this section. Intentional misconduct is defined as substantiated and proven sexual, racial or other unlawful harassment, 299098v1 CLL BR291-4 -5- distribution of pornography, or acts of physical violence in the work place. “Intentional misconduct” and “malfeasance” as used in this paragraph do not include poor performance or neglect of duties. E) Payment Upon Voluntary Termination. Upon the Manager’s voluntary termination of employment, he shall be entitled to full payment by the next following pay period of: 1. Payment of all accrued vacation and sick leave at its full value at the Manager’s current rate of pay. 2. Payment of all wages for days worked since the last payroll period prior to separation. F) Nothing herein shall be deemed a waiver of any rights or claims that either party may have beyond the compensation due in the normal course of the separation of the Manager from the City’s employ. Section 13. Term. This Agreement shall be for an indefinite term until terminated by one or both of the parties as set forth in this Agreement. Section 14. Indemnification. The City shall defend and indemnify the Manager pursuant to Minnesota Statutes 466.07 and 465.76. The City shall also defend and hold harmless and indemnify the Manager from all torts, civil damages, penalties, fines, provided the Manager was acting in the performance of Manager’s duties. Section 15. Merger. This Agreement supersedes all prior oral or written communications between the parties. Section 16. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the employment relationship between the City and the Manager and the parties agree that there were no inducements or representations leading to the execution of this Agreement except as herein contained. Section 17. Severability. In case any one or more of the provisions of this Agreement shall be invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in this Agreement will not in any way be affected or impaired thereby. Section 18. Governing Law. This Agreement will be construed and interpreted in accordance with the laws of the State of Minnesota. Section 19. Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which will be deemed an original, but all of which together will be constitute one and the same instrument. 299098v1 CLL BR291-4 -6- IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. THE CITY OF BROOKLYN CENTER, EMPLOYEE MINNESOTA By Michael Elliott Reginald M. Edwards Its Mayor