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HomeMy WebLinkAbout2006-113 CCRMember Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2006-113 RESOLUTION AUTHORIZING ADDENDUM TO CITY MANAGER EMPLOYMENT AGREEMENT WHEREAS, the City of Brooklyn Center and Cornelius L. Boganey have entered into an Employment Agreement dated September 25, 2006; and WHEREAS, the parties wish to amend the Employment Agreement; and WHEREAS, the terms and conditions set forth in the proposed Addendum attached hereto and incorporated herein by reference as EXHIBIT A are reasonable and proper. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Mayor be and hereby is authorized to execute the attached Addendum to the employment Agreement with the City Manager. October 9. 2006 Date ATTEST: "Lkwt m City Clerk Q Mayor 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, Kathleen Carmody, and Kay Lasman; and the following voted against the same: Diane Niesen, and Mary O'Connor; whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2006-113 EXHIBIT A ADDENDUM TO CITY MANAGER EMPLOYMENT AGREEMENT This Addendum is made and entered into by and between the City of Brooklyn Center, a Minnesota municipal corporation (hereinafter referred to as the "City"), and Cornelius L. Boganey (hereinafter referred to as the "Manager") as of the 9th day of October, 2006. WHEREAS, the City and Manager have entered into an employment agreement dated September 25, 2006 (hereinafter referred to as the "Employment Agreement"); and WHEREAS, the parties wish to amend the Employment Agreement as hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants set forth in the Employment Agreement and herein, City and Manager agree that the Employment Agreement is amended as follows: 1. Section 12, paragraph D) of the Employment Agreement is amended by adding the following sentence: e) 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) a) through D) c) of this section. Intentional misconduct is defined as substantiated and proven sexual, racial or other unlawful harassment, 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. Except as explicitly modified in this Addendum, the Employment Agreement shall continue to be in full force and effect. CITY OF BROOKLYN CENTER, MINNESOTA sy: Myrna gness, Mayor 0 By: Sharon Knutson, City Clerk EMPLOYEE Co eliu . B 1