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HomeMy WebLinkAbout1995-132 CCR1 Member Barb Kalligher introduced the following resolution and moved its adoption: reasonable. RESOLUTION NO. 95 132 RESOLUTION MAKING FINDINGS PURSUANT TO MINNESOTA STATUTES. SECTION 465.722, SUBDIVISION 3(3) AND APPROVING EXECUTION OF SEVERANCE AGREEMENT BETWEEN CITY OF BROOKLYN CENTER. AND GERALD SPLINTER WHEREAS, the City Council has been presented with a proposed severance agreement between the City and City Manager Gerald Splinter (the "Severance Agreement and WHEREAS, the Council has determined that the Severance Agreement is fair and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City Council certifies that: a. the City Manager was a full -time employee of the City for the entire period between January 1, 1983, and December 31, 1992; and b. the City Manager was covered by one or more employment contracts or agreements which entitled the City Manager to specified severance pay benefits throughout the entire ten -year period specified in paragraph 1.a; and c. the employment contract or agreement in effect on December 31, 1992, would at the time of the employee's separation from employment with the local unit of government, result in a severance payment that exceeds the limits specified in Minnesota Statutes. section 465.722, subd. 2; and d. the amount of severance pay that exceeds the limits specified in said subd. 2 was based on a commitment to provide the employee with a specified severance guarantee in lieu of higher level of some other form of compensation. 2. The City Council approves the Severance Agreement and authorizes the execution thereof by the Mayor and Assistant City Manager. 1 1 RESOLUTION NO. 95-132 ATTEST: May 22, 1995 Date A'sistant City Manager The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Barb Kalligher, Debra Hilstrom, and Kathleen Carmody; and the following voted against the same: Kristen Mann whereupon said resolution was declared duly passed and adopted. 1 WITNES SETH: SEVERANCE AGREEMENT BETWEEN CITY OF BROOKLYN CENTER, MINNESOTA AND GERALD SPLINTER THIS AGREEMENT, made and entered into this 2 2 ndday of May 1995, by and between the CITY OF BROOKLYN CENTER, MINNESOTA, a municipal corporation and Home Rule Charter City operating under the laws of the State of Minnesota (hereinafter the "City and GERALD SPLINTER, an individual (hereinafter "Employee"). WHEREAS, the City and the Employee entered into an Employment Agreement by which Employee was hired as a manager of City. The Current Employment Agreement dated December 20, 1994, and Memorandum dated January 13, 1995 are attached hereto as Exhibits "A" and "B" and incorporated herein by reference; and WHEREAS, Section 1 of said Agreement sets forth certain duties of Employee as manager of the City, and both parties agree that Employee has carried out and fulfilled all of his duties and responsibilities in the manner expected by the City; and WHEREAS, both the City and the Employee have concluded that it is in the best interest of both parties that the employment of Employee by the City be terminated as an involuntary resignation in accordance with the terms, and conditions hereinafter set forth, intending to grant to the Employee all rights Employee would have if the termination occurred under Section 3 of Exhibit "A" together with any additional rights hereinafter conferred as settlement of disputed claims or consideration for release of claims. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements as set forth herein the sufficiency of which is hereby acknowledged by both parties, the City and the Employee agree as follows: 1. Resignation. The Employee hereby submits his resignation as city manager effective July 14, 1995. Employee will take accumulated paid vacation from June 12, 1995 through July 14, 1995. Manager and City waive 30 day notice provisions of Section 4 of Exhibit A. 2. Severance Pay. The City will continue to pay the Employee the Employee's present salary for a period of six (6) months subsequent to the effective date of his resignation. 3. Benefits. The City shall continue in full force and effect and pay for a period identical to that set forth in paragraph 2 above all insurance coverages presently in force on behalf of Employee, including health insurance for Employee and Employee's dependents, life insurance policy currently in effect on the life of the Employee, disability insurance and dental insurance currently in effect on the Employee, and dues and fees for membership in the CLL88776 BR291 -4 1 1 1 1 International City Manager's Association "ICMA the Minnesota City /County Management Association "MCMA Metropolitan Area Managers Association "MAMA and Minnesota City Managers Association "MCMA Employee shall turn in the City's automobile and keys on June 9, 1995. On the effective date of his resignation he will be paid a lump sum payment of One Thousand Eight Hundred Twelve Dollars and 50 /100 ($1,812.50) as severance allowance for that portion of his pay represented by allowance for automobile allowance under Section 6 of Exhibit A. 4. Deferred Compensation. At the specific request of Employee, the deferred compensation contribution by the City as set forth in Section 9 of Exhibit "A" will be continued for a period identical to that set forth in paragraph 2 above. 5. Indemnification. The City agrees that the provisions requiring the City to defend, indemnify, and hold harmless the Employee against certain claims and actions as set forth in Section 13 of Exhibit "A" shall not terminate and shall continue with respect to any claims, demands, suits, actions, or proceedings of any nature arising out of the performance by the Employee of his duties and responsibilities as city manager during the period Employee held such position. 6. Vacation and Sick Leave Pay. In accordance with section 3 of Exhibit A, Employee shall be given a lump sum payment for one -third of all accumulated sick leave. The lump sum payment shall be made on the effective date of Employee's resignation. 7. Resolution of Disputed Claims and Release. Attorney's Fees. The City shall reimburse the Employee up to $1,000 for attorney's fees Employee incurs in resolving disputed claims and in addition the City shall reimburse the Employee up to $7,500 for transition expenses the Employee incurs in finding employment. Transition expenses include: travel; attendance at the ICMA conference, the Minnesota League of Cities conference, the MCMA conference; out- placement service; resume preparation; employment and recruitment agency services. Until July 14, 1995, Employee shall also be allowed to use a phone number and voice mail at City Hall. City and Employee hereby release, waive, and forever discharge each other for any and all claims, damages, and demands against the other (and in the case of the City, against the current and former officers agents and employees of the City) based on occurrences or events from the beginning of time to the date of this Agreement. 8. References. The City shall retain and place the reference letter, attached hereto as Exhibit "C in the Employee's file. Any requests for references shall be given a copy of Exhibit "C 9. Reemployment Insurance. The City agrees that the Employee is not disqualified from receiving reemployment insurance as a result of a voluntary leave, discharge for misconduct, or discharge for gross misconduct as those terms are defined in Minnesota Statutes, section 268.09. Employee agrees that no claim will be filed during the time period when severance pay is being paid to Employee. CLL88776 BR291 -4 2 1 10. Restraint. The termination of an employment relationship can be difficult for both parties. Both parties agree to end this relationship in a mutually respectful manner without making acrimonious statements about each other. 11. This agreement may be effective 15 days after the date it is approved by the City Council pursuant to Minnesota Statutes, section 465.722, subd. 4. IN WITNESS WHEREOF, the City and the Employee have approved and executed this Severance Agreement this 22ndday of Mav 1995, after approval thereof by the City Council of the City of Brooklyn Center, Minnesota. CITY OF BROOKLYN CENTER, MINNESOTA EM By 1)14.0..4t-41- lS� Its yor 1 CLL88776 BR291 -4 Attest: C,0 .ALA- Assistance Cit Manager 6444/ 3 YEE: Gerald Splinter 1 1 THIS AGREENEE T, made and entered into as of this 20th day of December .994 by and bewevn the City of Brooklyn Center, State of Minnesota, a municipal corporation (Employer), and Gerald G. Splinter (Employee). WITNESSETH: WHEREAS, Employe: desires to employ the service of Employee as City Manager of the City of Brooklyn Center; and W1EE[2EAS, it is the desire of the City Council (Council) to provide certain benefits, to establish certain conditions of employment, and to set worldng conditions of the Employee; and WSCEREAS, it is the desire of the Council to: (1) secure and retain the services of Employee; (2) make possible full work productivity to assuring Employee's morale and peace of mind with respect to future security; and (3) act as a deterrent against malfeasaree or dishonesty for personal gain on the part of Employee. .NOW, THEREFORE, in consideration of the mutual covenants contained in this agreement, Employer and, Employer agree as follows: Section Z. Duties. 1995 City Manager's Compensation Agreement Section 2. Term. Schedule 11 Employer agrees to employ Employee as City Manager to perform the functions and duties specified in the Charter of the City and the City Code and to pe_r form other legally permissible and proper duties and functions as the Council may from time -to -tune assign to Employee. A. Nothing in this agreement prevents, limits, or otherwise interferes with the right of the Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3 of this Agreement. B. Nothing in this agreement prevents, limits, or otherwise interferes with the right of the Employee to resign at any time, subject only to the provisions of Section 3 of this Agreement. C. Employee agrees to remain in the exclusive employ of Employer and neither to accept other errloyrrtent nor to become employed by any other employer during the term of his employment. Tree term "employed is not to be constreed to include occasional teaching, writing, consulting, or military reserve service performed on Employee's time off. EXHIBIT A 1 1995 City Manager's Compensation Agreement Schedule H i Section 3. Termination and Severance Pay. A. In the event of dismissal by the Council, the Employee shall be notified at least 30 days in advance of the effective date of dismissal and shall be furnished a written statement of the reasons therefor, and further, shall be granted a hearing thereon, if requested. B. In the event of voluntary resignation or death, the Employee shall receive severance pay based on 100 percent of his unused vacation leave and one -third of his unused sick leave. C. In the event of involuntary resignation or dismissal, severance pay based eft 100 percent of his unused vacation leave and one -third of his unused sick leave pits six months pay (to include health, dental, and life insurance premiums) shat r paid to the Employee. However, in the event that the Employee is tertr.inatei be:ause of his convicdon of any illegal act involving personal gain to him, the Employer shall have no obligation to pay the six months severance sum designated in this paragraph. D. The Employee will give Employer 30 -days notice in advance of resignation, unless the parties agree. to waive this notice. Section 4. Salary. Employee's salary for 1995 shall be 585,200 per annum and adjustment to the Employee's salary shall be reviewed annually in conjunction with the establishment of salaries for City employees. Section 5. IXours of Work. It is recognized that Employee must devote substantial time outside normal office hours to business of the Employer therefore, Employe: recognizes that Employee will take time off during normal office hours consistent with Federal Fair La'�or Standards Act regulations. Section 6. Automobile. Employee shall receive S250 per month if the Employe: does not provide a car for the Employee's 24 -hour business use. Section 7. Vacation and Sick Leave. Employee shall be granted sick leave and holiday benefits granted to other employees and will earn four weeks vacation per year. t 1 E t f 1 -7 -7 r.. Section 9. Retirement. Section 10. Dues and Subscriptions. Section 13. Indemnification. 1995 City Manager's Compensation Agreement Schedule H Section 3. Disability, Health, and Life Insurance. r 1_ The full premium cost for individual and family coverage under the Brooklyn Center group health and dental plan and/or insurance plan and the full premium cost for two times Employee's annual salary of term life insurance. under the Brooklyn Center group life insurance plan shall be paid by the Employer on the Employee's behalf. It may be necessary, in order to maintain IRS nontax status of all employee insurance benefits, to modify this section of the Employer's compensation package. If the Director of Finance recommends modification in the payment of the Employee's insurance benefits as the simplest and most effective method for assuring "qualification' of Brooklyn Center's employee group insurance plans under IRS reguiadons, then the Employee's salary is to be adjusted an equivalent amount to compensate for any reduction in insurance benefits. Minnesota State Law provides city managers with a choice of pension plans: PERA. or a deferred compensation fund. Employer will contribute to the qualified fund of the Employee's choice a dollar amount equivalent to the required PERA contribution. Employer agrees to budget and to pay for professional dues and subscriptions of Employes necessary for his continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for his condnued professional pardcipadon, growth, and advancement and for the good of the Employer. Section 11. Professional Development. Employer will, at a minimum, provide the cost for the Employee to attend the state and/or national TCMA conferences or job related courses, seminars, or tiaining of equivalent cost. Section 12. General Expenses. Employer recognizes that cerain expenses of a nonrersonai and generally job-affiliated nature will be incurred by Employee and agrees to reimburse or to pad :nose general expenses. Employer will defend, save harmless, and indemnify Employee a,anst any tort, professional liability claim or der a_.d, or other legal ,:c;ion. whether groundless or otherwise., arising o t of an alleged act or omission occurring in the performance of Employee's duties as City Manager. Employer will corn ^remise and settle claim or suit and pay the amount of I any settlement or judgment rendered thereon. Nothin ._rein shall be deemed a waiver or. the limitacons of the liability set forth in Minnesota Stitutes Chapter 466. 1 1995 City Manager's Compensation Agreement Schedule 1-1 Section 14. Bonding. Employer will bear the full cost of any fidelity or other bonds rewired of the Employer under any law or ordinance. Section 15. Other Terms and Conditions of Employment. The Council, in consultation with the Employee, may fix such other terms and conditions of employment as it may determine from time -to -time relating to the performance of Employee, provided those terms and conditions are not inconsistent with or in conflict with the provisions of this Agr eminent, the City Charter, the Ciry Code, or any other law. Section 16. No Reduction of Benefits. Employer will not at any time during the time of this Agreement reduce the sa1_a.7 compensation, or other financial benefits of Employee, except to the degree of such reduction across the -board for all employees of the Employer or as otherwise agreed by Employer and Employer. Section 17. Notices. Notices pursuant to this agreement are given by deposit in the custody of the United States mail, postage paid, address as follows: A. Employer: Ciry of Brooklyn Center, Minnesota Mayor 6301 Shingle Creek Paricway Brooklyn Center, MN 55430 -2199 B. Employee: Gerald G. Splinter City Manager 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to process in a civil action. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States mail. Section 18. General Provisions. A. This Agreement ccnsatutes the entire agreement between the parties. This Azreernent shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. T'nis Aare:rnent is effective on January 1, 1995. 3 1 1 EMPLOYEE 1995 City Manager's Compensation Agreement Schedule H D. This Agreement may be amended at a.-w Erne by mutual consent of Employer and Employee.. N WITNESS WEEREOF, the City of Brooklyn Center by its City Council has caused this Agreement to be executed and delivered in its behalf by its Mayor and duly attested by ics Deputy Cirf Clerk, and the Employer has executed this Agreement as of the day and year first above written. T' CITY OF BROOKLYN CENTER, MINNESOTA EMPLOYER By L Todd Paulson, Mayor Attest: 1 r Sharon Knutson, Deputy City Clerk 1 1 City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Gerald Splinter, City Manager FROM: Charlie Hansen, Ft :uce Director DATE: January 13, 1995 SUBJECT: SALARY ADJUSTMENT The c•-• ncil has approved a general salary increase of 3.0% to be effective for time work- ,ning January 1, 1995. Because the payroll was split between 1994 and 1995, the row y rate printed on your check may be from 1994. However, your salary increase has been included in this check and is shown as other pay on the check stub. Can January 1. 1995. your salary will be adjusted as follows: From: $86,424 annually To: $89,017 annually As of the adjustment date. vour salary will be as follows: 457 K Annual: $89,017 Monthly: $7,418 eks 2D0 Biweekly: $3,423.73 Hourly: $42.797 Your compe, :isation is set as an annual salary. To meet the requirements of our payroll system, it is converted into an hourly rate. Hourly rates are determined by dividing the anr. Ly the number of working hours in the current year. There are 2,080 working Bi- weekly paychecks calculated on a constant eighty hours. 'u nt is approved )4L..4h �e y%,,• This adj store s pp by Gerald G. Splinter, al Manager 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430.2199 City Hall TDD Number (612) 569 -3300 Recreation and Community Center Phone TDD Number (612) 569 -3400 FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer EXHIBIT B 1 To Whom It May Concern: Gerald G. Splinter was employed as the City Manager of the City of Brooklyn Center from October 17, 1977 to July 14, 1995. Mr. Splinter resigned his position to seek other career opportunities. During his tenure as City Manager, Mr. Splinter performed his duties satisfactorily. Mayor and City Council C BR291 -4 EXHIBIT C