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HomeMy WebLinkAbout2019 Resolution No. 052RESOLUTION NO. 52 SERIES OF 2019 A RESOLUTION APPOINTING JAMES (SHAWN) LEWIS AS CITY MANAGER FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, upon the announcement of Eric Keck's resignation from the position of City Manager, the City Council of Englewood began the process of hiring a new City Manager; WHEREAS, the city manager search process was designed to be in compliance with C.R.S.' 24-6- 402(3 .5); WHEREAS, on the December 18, 2018 Special Meeting, Acting Finance and Administrative Services Director Maria Sobota presented the Request For Proposals for the City Manager search; WHEREAS, on February 4, 2019 the City Council interviewed city manager search consultants at an open meeting and selected GOVHR USA; WHEREAS, GOVHR USA conducted individual interviews with the Council members to get an idea of traits and qualifications that were desired; WHEREAS, GOVHR USA posted a job opening for the City Manager position on March 25, 2019; WHEREAS, May 28, 2019 Council held an executive session to screen candidates and select finalists; WHEREAS, the three finalists were announced on May 30, 2019; WHEREAS, City Council interviewed the three finalists in a public session on June 3, 2019; WHEREAS, Council held a reception to gather public input the evening of June 3, 2019 WHEREAS, Council met in special session June 17, 2019 and selected a finalist; WHEREAS, GOVHR USA was directed by Council to negotiate with Mr. Lewis on June 17, 2019; WHEREAS, under authority of the Englewood Home Rule Charter, Article VII, Section 49, the City Council is empowered to appoint the City Manager who shall be the chief executive officer and head of the administrative branch of the City Government. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: James (Shawn) Lewis shall be and is hereby appointed City Manager, commencing August 5, 2019, for an indefinite term as provided in Article VII, Section 49 of the Englewood Home Rule Charter, and in accordance with the employment agreement which is hereby approved, and attached hereto. ADOPTED AND APPROVED this 24th day of June, 2019 . . · -:• _,- i - ~ :.•. : -·~ :_ I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. 52, Series of2019. CITY MANAGER EMPLOYMENT CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND CANDIDATE This Agreement, made this 24TH day of June, 2019 by and between the City of Englewood, Colorado, a municipal corporation organized and existing under the laws of the State of Colorado ("City"), and James Shawn Lewis, ("Manager" or "City Manager"). WITNESSETH: WHEREAS, the City of Englewood is a Home Rule City within the meaning of Article XX of the State of Colorado Constitution and is authorized to exercise and perform those powers and functions set out in its Home Rule Charter, as amended from time to time; WHEREAS, under Article VII of the Englewood Home Rule Charter (Charter), the City Council of the City of Englewood has the duty and power to appoint the City Manager under certain terms and conditions; WHEREAS, the City Council desires to: (I) secure and retain the services of the Manager and to provide inducement for him to remain in such employment; (2) make full work productivity possible by assuring the Manager's morale and peace of mind with respect to his future job security, (3) provide certain benefits, ( 4) establish certain conditions of employment, and (5) to set working conditions of employment for the Manager; WHEREAS, the Manager desires to accept employment as the City Manager of the City of Englewood, Colorado; WHEREAS, the parties acknowledge the Manager is a member of the International City/County Management Association, ("ICMA"), and the Manager is subject to the ICMA Code of Ethics; and WHEREAS, the parties hereto wish to set forth the employment relationship existing )letween them into written form. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: I. EMPLOYMENT -The City of Englewood, Colorado hereby employs Candidate and he hereby accepts employment under the terms and conditions hereinafter set forth. Anticipated start of employment is August 5, 2019. 2. DUTIES -The Manager is hereby retained as the City Manager for the City of Englewood, Colorado. The Manager's primary function shall be to serve as the City Manager in a Council- Manager form of government, and to perform the functions and duties specified in Article VII of the I of9 pages Englewood Municipal Charter ("Charter"), all other duties set forth within the Charter, all duties set forth within the Englewood Municipal Code of Ordinances, and to perfonn such other legally pennissible and proper duties and functions as the City Council shall from time to time assign. The parties recognize that the Manager must devote a great deal of time outside the nonnal office hours to attend meetings of the City's various boards and commissions, community meetings, and activities on behalf of the City. The Manager will be considered an exempt employee for purposes of the Fair Labor Standards Act, and shall not be paid compensatory time. 3. TERM -The City Manager servesatthepleasureofthe City Council andnothinghereinshall betaken to prevent, limit orotherwise interfere with the right of the Council to terminate the services of the City Manager at any time, subject only to the provisions of this Contract for tennination or resignation as hereinafter provided in Paragraph 14. This Agreement shall begin on August 5, 2019 and shall continue in force and effect unless/until tenninated per the provisions of Paragraph 14. 4. RESIDENCY. During his tenure of office, the City Manager shall reside within the City of Englewood in accordance with Englewood Municipal Charter §49. In recognition of the time necessary to locate and secure housing, and in recognition of the parties' desire for Manager to assume the duties of his position at the earliest possible time, the parties agree Manager shall assume residency within the City on or before February 5, 2020. 5. COMPENSATION -The City shall pay the Manager a salary of$ 172,500.00 annually, which falls within the range established for the position by the City Council. This salary shall be payable in accordance with the City's usual payroll practices. Subject to the provisions of this agreement as hereinafter provided, additional increases, if any, in the Manager's salary shall be detennined by the City Council based on the Manager's perfonnance. 6. EMPLOYEE BENEFITS -All provisions of the Charter, ordinances, policies and rules and regulations of the City relating to fringe benefits and working conditions, as they now exist or hereafter may be amended, shall also apply to the City Manager as they would to all other director level employees of the City, except for the benefits enumerated herein specifically for the benefit of the City Manager. A. Insurance: Maintain for the benefit of the Manager and his dependents, health, disability, dental, and vision insurance equal to that which is provided by the City to other director level employees. Life and Accidental Death and Dismemberment Insurance of one times annual salary. 2 of9 pages Short Term Disability -0-9 years of service: 780 hours annually; 10 years of service and thereafter: I 040 hours annually; Long-Term Disability -60% of monthly salary to a maximum of Seven Thousand Dollars ($7,000) per month, after 6 months of disability; B. Retirement contributions: ICMA-RC 40l(a) Money Purchase Plan: City contributes ten percent (10%) and Employee contributes a minimum mandatory six percent (6%). There is an immediate one hundred percent (100%) vesting for City contributions. The City Manager shall have the option of contributing to an ICMA-RC 457 Deferred Compensation Plan and an ICMA-RC payroll deduction Roth IRA. C. Paid Time Off, Sick Days and Holidays: The Manager shall receive paid time off benefits for sick days and holidays as established for Director level employees, except as otherwise set forth herein. The City Manager will be credited with an initial paid time off bank of two (2) weeks (80 hours) in consideration for benefits and leaves foregone by leaving his prior position to accept the City Manager's position. Any unused portion of this initial paid time off bank of two (2) weeks shall be paid at time of separation if separation occurs pursuant to paragraphs 14.1., 14.2, or 14.4. There shall be no such payment if separation occurs pursuant to 14.3. Manager shall earn annual paid time off as follows: Four (4) weeks of paid time off during his first year of employment, and during the second and third year of employment; After three (3) years of satisfactory performance five (5) weeks of paid time off per year; and After five (5) years of satisfactory performance six (6) weeks of paid time off per year. In addition to the 80 hours of initial paid time off bank as set forth above, an additional maximum of 240 hours of unused paid time off may be paid at time of separation if separation occurs pursuant to paragraphs 14.1., 14.2, or 14.4. If separation occurs pursuant to 14.3 the Manager shall be limited to pay out of the 80 hours of initial paid time off bank. 3 of9 pages D. Use of paid time off and personal leave, and payment for any accrued but unused paid time off at the time of separation, shall be in accordance with City policies and procedures unless otherwise stated within this Agreement. Personal Days: In lieu of compensatory time, the City agrees to provide the Manager with forty-eight hours per year of personal leave time. Personal days must be used in the calendar year in which they are accrued. E. Tuition Reimbursement: The City Manager will be eligible for tuition reimbursement, including Continuing Education and Professionalism courses, and program registration costs up to Two Thousand Dollars ($2,000) annually effective upon his commencement of employment with the City. F. Auto Allowance: The City Manager will be paid an auto allowance of Four Thousand Eight Hundred Dollars ($4,800) per year which will be prorated and paid at Four Hundred Dollars ($400) per month. G. Health and Fitness: The City Manager may be credited with up to Two Hundred and Fifty Dollars ($250.00) per year for fitness center passes, equipment, and other items that promote and enhance wellness. 7. RELOCATION EXPENSES -The City shall pay directly for the full cost of moving all household items of Manager and his family to Englewood. Said moving expenses to include packing, moving, storage costs, unpacking, and insurance charges. Manager agrees to secure at least three (3) bids from reputable moving companies for such services, and shall use the lowest responsible bidder. 8. PROFESSIONAL DEVELOPMENT -The City encourages the Manager to participate in the activities of professional organizations to the extent such involvement will be beneficial to his performance as a City Manager. The Manager may attend professional organization conferences, meetings, seminars and workshops which will be beneficial to the City and to the Manager's performance of his responsibilities, including, but not limited to, the Annual Conference of the International City/County Management Association; meetings of Colorado city management organizations; and such other national, regional, state and local governmental groups and committees thereof of which the Manager or the City is a member, all subject to the prior approval of the Council. The Council shall not unreasonably withhold approval. 9. DUES AND SUBSCRIPTIONS -The City agrees to budget and to pay for the professional dues and subscriptions of the Manager necessary for his continuation and full participation in the International City/County Management Association (ICMA), and any other organization which will 4 of9 pages contribute to the continued professional participation, growth and advancement of the Manager, and for the good of the City. 10. EXPENSE REIMBURSEMENT -The City shall reimburse the Manager for all reasonable necessary employment related expenses. The City recognizes that certain expenses of a non-personal and generally job-affiliated nature are incurred by the Manager, and hereby agrees to reimburse or to pay said verified general expenses ordinarily and necessarily included in the performance of his duties as Manager. The Finance Director is hereby authorized to disburse such monies upon receipt of duly executed expense vouchers, receipts, or statements, provided, however, that adequate funds for such reimbursement must have been previously budgeted. 11. WORKING FACILITIES AND EQUIPMENT -The Manager shall be provided with working facilities and staff suitable to his position and adequate for the performance of his duties. The City recognizes the need for the Manager to be reachable by phone and/or e-mail during such times when the Manager is not in the City Hall. Accordingly, the Manager shall be permitted to have a cellular telephone, and a laptop computer. The City shall pay for the purchase of such devices and their monthly usage fees. 12. CONFLICT OF INTEREST PROVISIONS -During employment with the City, the Manager shall not spend non-City work hours teaching, consulting or in any other non-City connected for-profit business without the prior approval of Council. It is further understood and agreed that because of the duties of the City Manager within and on behalf of the City of Englewood and its citizenry, the City Manager shall not, during the term of this Agreement, individually, as a partner, joint-venturer, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of Englewood, except for stock ownership in any company whose capital stock is publicly held and regularly traded, without the prior approval of the Council. For and during the term of this Agreement, Manager further agrees, except for a personal residence or residential property acquired or held for future use as his personal residence, not to invest in any other real estate or real property improvements within the corporate limits of the City of Englewood, without the prior approval of Council. 13. PERFORMANCE EVALUATION/INTENT TO RENEW A. The City Council shall review and evaluate the performance of the Manager on or before April 15 th of each year. This review and evaluation shall be in accordance with specific criteria developed jointly by the Manager and the City Council. The criteria may be added to or deleted from as the City Council may from time to time determine, in consultation with 5 of9 pages the Manager. The Manager shall not be penalized for any area of job performance that was not addressed by the Council prior to the evaluation and for which the Manager was not given instruction and opportunity for improvement or correction. B. The City Council and the Manager, on or before April 15 th of each year during the term of this Agreement, shall mutually define such goals and performance objectives which they determine necessary for the proper operation of the City and in the attainment of the City Council's policy objectives, and shall further establish a relative priority of those various goals and objectives, such goals and objectives to be reduced to writing. C. In effecting the provisions of this Section, the City Council and the Manager mutually agree to abide by the provisions of applicable law. D. Following the annual performance review, the City Council will determine what additional employment compensation, if any, shall be given to the Manager based on the Manager's performance. 14. TERMINATION OF EMPLOYMENT-Notwithstanding anything contrary, this Contract may be terminated as follows: 14. I Voluntary Resignation -The Manager, upon thirty (30) days prior notice to the City Council, may resign from his position of employment. 14.2 Mutual Agreement of the Parties Hereto. The contract may be terminated by mutual agreement of the parties, in which case the Manager shall receive no severance pay unless otherwise agreed to by the City Council. 14.3 Termination by City with Cause -The City may remove the Manager and terminate this Agreement at any time by a majority vote of the members of the City Council for cause, which for purposes of this agreement shall be defined as follows: (I) the conviction of the Manager of a felony or misdemeanor involving moral turpitude; (2) working while under the influence of drugs or alcohol; (3) willful political activity involving the support of candidates for any elected municipal position while working on City time; (4) the abandonment by the Manager of his position without cause, as job abandonment is defined within the City's personnel policy; and (5) the Manager's inability to perform his duties because of permanent disability, or a loss of mental capacity as determined by a court oflaw, for a period of four ( 4) successive weeks beyond any leave and benefit time. 6 of9 pages In the event that the Contract is terminated by the City at any time for one or more of the causes described in this section, the Manager shall be entitled only to payment of accrued paid time off, and compensation which has accrued at the date of termination. 14.4 Termination by City without Cause -If the Manager is terminated for a reason besides the causes defined in subparagraph 14.3, the City will provide the Manager with written notice. In the event of a termination without cause, the Manager shall receive payment for accrued paid time off in accordance with Paragraph 6(C) above. In addition, the City will pay severance in an amount equal to three months of the Manager's annual compensation at the then rate in effect, payable every two weeks following the date of termination for a period of time equal to two (2) months following the date of termination. The Manager shall continue to receive full health and life insurance benefits and retirement benefits during the severance pay term, or until such benefits are made available through another employer. After the first year of service the severance package shall be increased to four months of paid leave. After the second year of service the severance package shall be increased to five months of paid leave. After the third year of service the severance package shall be increased to six months of paid leave. 15. COLORADO GOVERNMENTAL IMMUNITIES ACT-The City shall defend the Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the Manager's duties as City Manager, including the monetary limitations and rights, immunities, and protections provided by the Colorado Governmental Immunities Act ("CGIA"), C.R.S. 24-10-101, et seq., as from time to time amended. 16. FORM OF GOVERNMENT -In the event the City of Englewood, Colorado changes its form of government or Charter during the term of this Agreement, this contact shall remain in full force and effect. 17. W AIYER OF BREACH -The waiver by either party of a breach of any provision of this contract shall not operate or be construed as a waiver of any subsequent breach by the parties. 18. ENTIRE AGREEMENT -This instrument contains the entire Agreement between the parties. It may not be changed orally, but only by an agreement signed by the parties. 7 of9 pages 19. OTHER TERMS AND CONDITIONS OF EMPLOYMENT - A. The City Council, in consultation with the Manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the charter or any other statute, law, rule or regulation. B. All provisions of the City Charter and Code, and regulations and rules of the City relating to Paid Time Off and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to the Manager as they would to other Director level employees of the City. 20. GENERAL PROVISIONS - A. This Agreement shall be governed as to its validity and effect by the laws of the State of Colorado. B. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed to have been duly given if delivered or mailed by registered or certified mail, postage prepaid, addressed to Manager at his address as it appears in the records of the City, or addressed to the City, attention of the Mayor, with a copy to the City Clerk at their offices in Englewood, Colorado. C. This Agreement is one for personal services to be provided by Manager only and may not be assigned. D. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, illegal, invalid or unenforceable, the remainder of this Agreement or portion thereof, shall not be affected by such ruling and shall remain in full force and effect. E. Each party has cooperated with the drafting and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the same shall not be construed against any party on the basis of that party being the "drafter". F. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. G. This Agreement shall become effective upon adoption and approval by the City Council of the City of Englewood. [the remainder of this page left intentionally blank] 8 of9 pages -- IN WITNESS WHEREOF, the City of Englewood, Colorado has caused this Agreement to be signed and executed on its behalf by the Mayor and duly attested by its City Clerk on the date written below, and Manager has approved and accepted this Employment Agreement. _ . h:7.z;z;• City Clerk I Date CITY OF ENGLEWOOD, A Colorado municipal corporation ~ ~on 1000 Englewood Parkway Englewood, CO 80110 JAMES (SHAWN) LEWIS By: _____________ _ Date: -------------- 9 of9 pages