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HomeMy WebLinkAboutItem 12November 17, 2014 Item No. City Administrator Employment Agreement Proposed Action Staff recommends adoption of the following motion: Move to approve an employment agreement with Justin Miller and appoint him as City Administrator for the City of Lakeville. Passage of this motion will result in the approval of an employment agreement with Justin Miller and his appointment as the new City Administrator for the City of Lakeville effective December 29, 2014. Overview Through an extensive interview and selection process the City Council has chosen Justin Miller as the new City Administrator. As part of the appointment process Mr. Miller was provided with and has agreed to the attached Employment Agreement. The agreement outlines the overall terms of employment including salary, performance evaluation, professional development, work hours, paid time off and other standard conditions. In addition, Mr. Miller has provided the Personnel Committee with the attached Transition Plan and Goals outlining his six month and one year objectives to familiarize himself with the City Council, community leaders, city staff and the internal policies and operations of the city. The Personnel Committee reviewed the Employment Agreement and the Transition Plan and Goals at their November 12t' meeting and unanimously recommends approval. Supporting Information • City Administrator Employment Agreement • City Administrator Transition Plan and Goals Allyn G.`Kuennen, Interim City Administrator Financial Impact: Up to $176,829 dependent on health plan chosen (number includes wage, car allowance & benefits) Budgeted: Y/N Y Source: General Fund Related Documents (CIP, ERP, etc.): 2015 Budget Notes: EMPLOYMENT AGREEMENT AGREEMENT made this 17`h day of November by and between the City of Lakeville, Minnesota, a Minnesota municipal corporation ("Employer"), and Justin J. Miller ("Employee"). The parties agree as follows: 1. POSITION. Employer agrees to employ Employee as its City Administrator. Employee agrees to serve as City Administrator in accordance with state statutes and City ordinances and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign. Employee's first day of employment as City Administrator is anticipated to be December 29, 2014 but may be modified by agreement of both parties. 2. TERM. The term of the Agreement shall begin on November 17, 2014 and will continue on an at -will basis as long as mutually agreeable to Employer and Employee. 3. SALARY. Employer shall pay Employee an annual salary of $137,102, payable in regular installments according to the Employer's normal payroll practices and subject to appropriate withholdings. Except as otherwise provided herein, Employer will review Employee's compensation on an annual basis during the term of this Agreement and the Agreement shall be amended automatically to reflect any salary adjustments that are provided or required by the Employer's compensation policies. The Employer will conduct a six month performance review of the Employee and based on the outcome of the review, the Employee is eligible for a pay increase up to $142,197. 4. PERFORMANCE EVALUATION. Employer and Employee agree that an initial performance review will be conducted on Employee after six (6) months and annually thereafter. The City Council, may at their discretion, consider an increase in the Employee's pay after the six (6) month review is completed. The process for the Employee performance evaluation will be mutually agreed upon by the Employer and Employee. The process at a minimum will include the opportunity for both parties to: 1) prepare a written evaluation; 2) meet and discuss the evaluation; and 3) present a written summary for the personnel file. 5. PENSION PLAN. Employer shall contribute to PERA as required by State law for Employee or elect to contribute to an alternate pension plan as authorized by state law and selected by the Employee. Employer shall also contribute to any other benefit plans consistent with the benefits provided to other full time, non-union employees that work for the City. 6. PAID TIME OFF (PTO). Effective upon Employee's first day of employment, Employee shall be credited with 80 hours of banked PTO. This PTO may be used at any time upon employment. PTO of the Employee shall initially accrue at the rate of 20 days based on the 5th year of employment in accordance with the City's policy. The administration and use of PTO by the Employee shall consistent with the City's Personnel Policy. 7. HOLIDAYS. Employer shall provide Employee the same holidays as enjoyed by other full-time non-union employees. 8. GENERAL INSURANCE. Employer shall offer and provide and pay on behalf of Employee for such health, life, dental and disability insurance benefits including the Employee's dependents at the same rate and upon the same terms as that which is offered and/or provided to all other 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 national, regional, state and local associations necessary and desirable for Employee's continued professional growth and development. Dues and subscriptions include, but are not limited to, the International City/County Management Association (ICMA), the Minnesota City/County Management Association (MCMA) and other local groups and associations. 10. PROFESSIONAL DEVELOPMENT. The Employee's professional growth and development is an important priority for the Employer and the Employee. Employer may 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 Employee serves as a member. Employee shall use good judgment in Employee's outside activities and will not neglect his primary duties to the Employer. Professional development includes, but is not limited to, ICMA and MCMA, and other identified opportunities that may arise from time to time. Attendance at the annual conference of the ICMA is subject to the City's budget and travel policies. 11. AUTOMOBILE. Employee will receive an automobile allowance of $342 per month payable according to City policy. The annual automobile allowance is subject to periodic review and consideration at the discretion of the Employer. 12. GENERAL EXPENSES. Employee shall be reimbursed for other job-related expenses which it is anticipated Employee will incur from time to time, with appropriate documentation and in accordance with City's policies and procedures. 13. HOURS OF WORK. Employee will be available during regular business hours. It is understood that the position of City Administrator 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. It is further understood that Employee may absent himself from the office to a reasonable extent in consideration of extraordinary time expenditures for evening and weekend meetings at other than normal working hours. 14. INDEMNIFICATION. Employer shall defend and indemnify Employee pursuant to Minnesota Statutes, Chapter 466.07 and Chapter 465.76. However, such indemnification shall not extend to criminal acts or intentional acts of torts committed by the Employee. In addition, Employer shall defend, hold harmless and indemnify Employee from all non -intentional torts; civil damages, penalties, and fines; violations of statutes, laws, rules and ordinances, provided Employee was acting in good faith in the performance of the duties of the position. Nothing in this paragraph shall be deemed to be a waiver by the City of any limitations on liability set forth in Minnesota Statutes, Chapter 466. 15. TERMINATION PROVISIONS. In the event that Employee is terminated by the Employer during such time that Employee is willing and able to perform the duties of City Administrator, then in that event, Employer agrees to pay Employee at the time of receipt of his last pay check a lump sum cash payment equal to six months aggregate salary. However, in the event Employee is terminated at any time because of Employee's malfeasance in office, gross 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 Employer at any time during the employment term reduces the salary or other financial benefits of Employee in a greater percentage than across-the-board reduction for all non-union employees, unless agreed upon by Employee, or if Employer refuses, following written notice, to comply with any other provisions of this Agreement benefiting Employee or Employee resigns following a formal suggestion by Employer that Employee resign, then Employee may, at his option, be deemed to be "terminated" on the effective date of Employee's resignation and the Employee shall also be entitled to receive the termination benefits set forth above. If Employee voluntarily resigns his position with Employer, Employee agrees to give the Employer thirty (30) days advance notice. If Employee voluntarily resigns his position with Employer, there shall be no termination pay due to Employee. Employee shall be entitled to all other accrued benefits consistent with termination benefits granted to other full time non-union employees. 16. GENERAL CONDITIONS OF EMPLOYMENT. 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 requirements. Furthermore, nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with Employer, subject only to the provisions of this Agreement. 17. AMENDMENTS. The Agreement shall be amended only by mutual consent of both parties, unless otherwise provided herein. 18. CHOICE OF LAW AND VENUE. This Agreement shall be governed by and constituted in accordance with the laws of the State of Minnesota. 19. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to employment relationship between the City as Employer and the Employee as City Administrator, replaces all prior discussions and understandings, and the parties agree that there were no inducements or representations leading to the execution of this Agreement except as herein contained. 20. 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. EMPLOYER — City of Lakeville EMPLOYEE Mayor Justin J. Miller Dated Dated Attest Dated City of Lakeville, Minnesota City Administrator Transition Plan -January 2015 Transition Goals 1. Establish professional relationships with the Mayor, City Council, and all City staff in order to create a team approach and develop effective working relationships to deliver efficient City services. 2. Develop a complete understanding of department level goals and challenges to provide appropriate guidance and resources and assist in solving problems. 3. Establish a visible presence in the community by creating relationships with key stakeholders, business leaders, media representatives, and civic organizations. 4. Review and develop a higher level of understanding of the City's short and long term goals, mission, vision, and how these statements shape and guide the direction of the organization, i.e. Envision Lakeville and School Roads Safety Task Force. 5. Understand the organizational culture, processes, and procedures that establish the framework for performing day to day activities and duties. 5. Understand the City's financial position, budget, budget approval process, capital improvement plan, audit findings, and payment processes. 6. Display leadership by promoting a trusting, positive, open, and flexible approach to the role of City Administrator for the City of Lakeville. Six Month Objectives 1. Meet with the interim City Administrator immediately to share information, getup to speed with pressing city affairs, and coordinate the transition process. 3. Conduct one on one information conversations with the mayor and each of the City Councilors to develop personal working relationships, identify their individual goals, and direction for the future of the City, and better understand their vision of the City Administrator in fulfilling those goals. 3. Meet with City consulting staff to better understand pressing projects needing the attention of staff and the City Council. Review communication preferences, contract parameters, and work flow objectives. 4. Meet with City staff to review the status of department operations and current projects; discuss leadership, communication, and decision making processes and limitations. Complete in-depth tours of the City and community facilities. 5. Meet and introduce myself to area legislators and their representatives who represent the City of Lakeville. 6. Get up to speed on major infrastructure projects as well as significant developments (i.e. Mattamy Homes, Fed Ex, Hy -Vee, etc.)Establish roles on outside organizations such as Municipal Legislative Commission, Chamber of Commerce, Rotary, etc. 8. Develop an implementation plan for the preparation of the 2016 budget and capital improvement plan. Work with the City Council and City staff to understand past practices, process, and goals of budget adoption. 9. Review the City personnel policies, procedures, and past practices, and prepare possible edits or changes as needed. 10. Review and become familiar with City communication tools such as website, mailings, and social media. Work to develop an enhanced communications plan for City business and items of community interest. 11. Review status of pending labor arbitrations and outstanding legal cases. 12. Complete a six month performance review by the City Council. Adjust goals and objectives as needed based upon Council feedback. One Year Objectives 1. Manage the 2015 budget process from preparation to adoption and ensure timely financial reporting and public participation in the budgeting process. 2. Build upon a strong workplace culture focused on customer service, flexible response, team decision making, and professional development and succession planning. 3. Assist and guide the City Council in their decision making process. Become familiar with preferred methods of communication, informational work session materials, and timely agenda item placement. 4. Review the capital improvement plan; work with City staff to identify current and future projects and determine financial implications for the City. Prioritize project list and financial objectives with the City Council. 5. Review past planning documents and guide discussion with the City Council on the development 2018 comprehensive plan update process. 6. Identify and evaluate City economic development tools. Review and discuss with the City Council the limitations and benefits of a variety of economic development tools. Work with outside agencies, State of Minnesota, and Dakota County in utilizing economic development tools in the community. 7. Evaluate employee performance and identify areas of strength and potential resources for professional development. 8. Review and evaluate workplace technology tools. Research and develop an implementation plan for new technology based tools or devices to ensure efficient service delivery. 9. Complete a one year performance review by the City Council. Adjust goals and objectives as needed based upon Council feedback. 3