HomeMy WebLinkAbout1997 Resolution No. 103•
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RESOLUTION NO . !t13
SERIES OF 1997
A RESOLUTION APPOINTING GARY SEARS AS CITY MANAGER FOR THE ClTi.' 'lF
ENGLEWOOD, COLORADO.
WHEREAS, Under authority of the Englewood Home Rule Charter, Article VII,
Section 49 the City Council is empowered to appoint the City Manger who shall be the cmd
executive officer and head of the ad mini strative branch of the City Govenu.:ent; and
WHEREAS, the Englewood City Council has made its selection of a now CITY
MANAGER;
NOW, THEREFORE, BE !T RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO , THAT:
Gary Sears shall be and is hereby appointed City Manager, commencing
November 3, 1997, for an indefinite tenn as provided in Article VII, Section 49 of the
Englewood Home Rule Charter, and in accordance with the employment Rgn,E:Lent which
is hereby approved .
ADOPTED AND APPROVED this 20th day of October, 1997 .
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I, Loucrishia A. Elli s, City Clerk for the City of Engle
the a bo ve is a true copy of Resolution No.ID~ Series of 1 7 .
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EMPLOYMENT AGREEMENT
WHEB&&S. the City of Englewood .a a Home Rule City within the meaninr of the
ComtituDm oi Ibo Stale al Colorado and ia a111bari&ed to exerci.le and perform 1i1oN pow en
and timcti,ma aet out in ita Home Rule Charter, u amende<! from time to time; and
WHElll!,&S. 11Dder Article VII of the Englewood Home Rule Charter, City Council
(Collllcil) ca lbe City of Enclewood baa the duty and power ID appoint the City Ma nager
IIDder certam term, and cmuiitions;
NOW, THEBEFORE, in consideration of the mutual covenants contained herein, the
CITY OF .ID<GLEWOO D (City) and Gary Sean (City Manager) agree as follows :
SissimL.l, iPPYm 1JPd Dutiea of the City Mmver -Gary Sean shall serve u City
Manager far an inde,inite term and shall have such powen and dutieo as are prescribed or
permitud !::y the Englewood Home Rule Charter and Englewood Municipal Code. This
appointmeo shall be formalized by Co11Dcil oction on or about October 20, 1997 and the City
Manager soall aaswne bia duties on November 3, 1997.
~ .It.rm/E;dusive Emolovmentflennination. The Manager serves at the
pleasure of the Council and nothing herein shall ht, taken to prevent, limit or otherwise
interfere '11'1:tb the right of the Co11Dcil to terminate the services of the Manager at any time
subject~ to the provisions of this Section .
A. h, the event Gary Sears voluntarily resigns a, City Manager before expiration
afthe term oftbia Agreement. then be shall give the Co11Dcil thirty (30) day•
advance notice unless the parties agree otherwise .
Gary Sear, agrees to remain in the ezclusive em ploy of City during the term of
this Agreement. The term "employed", however shall not be construed to
include occasional teaching, writing, speaking or consulting performed on
City ~anager1s time off, even if outside compensation is provided for such
sel"\ices. Said activities are expressly allow ed, provided that in no case is an y
activity allowed which would present a conflict of interest with the City. In the
event overnight travel is required for such non-employer related business, the
C011Dcil s hall be notified in advance. De Minimis use of City owned
equipment for such purposes is hereby authorized.
B . 1n the event the City Manager is involuntarily terminated by the Council
daring the term of this Agreement, Employer agrees to pay Gary Sears a lump
sum cash payment equal to two months aggregate compensation as sev erance
pay.
C. 1n the event the City Manager is terminated by tbe Council, then in that eve nt
all life, health. dental, and disability insurance and all other Employer
pr.l',ded benefits s hall continue in full fo rc e and coverage, at Empl oye r
erpense. for a period of two (2) mon ths or until similar coverage is pro v1de<l to
Gary Sears by 3 su bsequent employer (and is in full fo rc e and effe ct ) wh1chevc r
comes first. Said co ntinuation of group health insurance cover:1 ge shall be in
addition to an y protection afforded Employee by the Consolidated Omnibus
Budget Reconciliation Act of 1985 (COBRA ). Coverage under COBRA shall
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begin on the date all coverage extended unclor 111,e ......,.. pnmsions herein
• expire.
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D. In the event the City Manager is terminated t.:aaN al convictiall of a felony,
then in that event the City ohaJl have no~ tll pay tbe "llfllPt8
severance sum designated herein.
~-Sulorv and Benefits.
A. Upon assumption of the City Manapr duti-., Gary Sean shall recoivo an
annual ,alary of N"mety Thousand Dollan (-.,000) which shall be prnral11d on
a bi-weakly baaia and paid every other Friday. .U tlla end of silt (6) montlla of
employment and at least annually thereaftar, 1M 'City Manager's parformar,ce
will be evaluated and, upon satisfactory perlinullce, die City Manager •h~ll
be eligible for incremental merit in.-at tbe dixretion of Council.
B. The City Manager'• benefits !hall be at the same level and in the ll&Dle fo1m as
department heads for the following items: ·
1. 48 hours of peroonal leave annually lllldi prorated for partial year,;
2. Temporary diaability -780 hour, --1ly;
3. Long-term disability -60\1\ of monthly oalary 1D a maximum of
Three Thousand Dollars ($3 ,000 ) per mamh;
4. Medic'll and Dental coverage;
5. Life and Accidental Death and Dismenberment Insurance of Fifty
Thousand Dollar, ($50,000) .
C. The pension plan is the ICMA 401 Deferred Compensacon Plan. The City shall
contribute ten percent (lO'll,) and the City Manap,!' shall contribute four percent
(4%) of his/her salary to the pension fund. Panicipacon is mandatory. The
City Manager shall also have the option of w ntributing 1D an ICMA 457
Deferred Compensation Plan.
D. Vacation (Annual Leave). Accrual of annual leave shall be equivalent 1D the
rate for employees with five year, of employmect, which is Wl (1 0) hours per
month, or One Hundred Twenty (120) hour, ammally.
E . The City Manager will be cr,dited with an initial lean, bank of four contha in
consideration for benefits and leaves foregone by him in leaving his prior
position t,, accept the City Manager's position. ADy unused credited leave shall
be paid at time of separation if se paration = under paragraph 2B , but there
shall be no such payment if separation OttUl"S tmder paragraphs 2A or 2 D.
F . Funeral leave , jury duty aod witness service shall be tbe same as all other
employees oftbe City.
G. Car Allowance . The City Manager shall be pa.ui a ca.r allowance equivalent of
Four Hundred Dollars ($400.00 ) per month whic::, s ha.11 be prorated and paid
monthly .
H. Phone Allowance . The City Manager shall be ~ a phon e allowance
equivalent of Twenty-Fiv e Dollars ($25 .00 ) per :::,,nnth which sba.11 be prorated
and paid mo nthly .
l. All proviliODI of the Charter, rulea and regulations of th, qty, relating to fnnge
benefits and working conditions as they now amt or hereafter may be
amended, shall alao apply to tho City Manager u they would to all other
employ-of th1 City, in addition to uid benefita anW11~rated specideally for
the bentdt of the Manapr herein. Additionally, Gjiry Seant ahall be credited
with one year's worth of vacation, sick laave and ptn0nal leave uc:cnal upon
exacution of this contract, to assist with transitional needa,
Sls:liiW-Prnfcs•iPDII P•veJgpmept . The City acrees to budget for and to pay the
promaional dUM, subacriptions, travel and subailtence upenaes of tilt City Manager for
pror..ional participation and travel, meeting,, and occasions adequate to continue rus
prol"-ional development. Said participation on City time to include, but not limited to
Naeional League of Citi89 , International City Management Allociation, Colorado
Municipal League, Colorado City Manager's A11ociation, and such other national,
regional, state and low 110vernmental groupe and committees thereof which the City
serves as a member, or which said participation ia beneficial to City, as well as 1188ociated
short course1, institutes, and seminan.
Additionully, City encourages the City Manager to attain positions of leadership in
national, state, regit;ial and local aasoclations and organizations relevant to his
profession. City agrees to budget and pay for travel and subsistence expenses necessary for
him to discliarp his official duties for such associations and organizations.
~-Genecol Emcnses .
A. City recognizes that certain erpenses of a nonpersonal and generally job-
affiliated nature are incurred by the City Manager, including participation in
civic 3.lld other local organizations, and hereby agrees to reimburse or pay said
general expenses. The City shall bear the full cost of any fidelity or other bo nd s
reqwred of the City Manager under any law or ordinance.
8 . The Finance Director ;s hereby authorized to disburse funds as needed to fulfill
all provisions of this Agreement, upon receipt of duly executed expense or petty
caah vouchers, receipts, statem,!nU , or personal affidavits .
~-Rdnt.a...ion Eroenses.
Gary Sean agreos to establish residence within the corporate boundaries of the City of
Englewood by July I, 1998 and thereafter to maintain residence within the corpor ate
boundaries of the City of Erglewood.
A. Employer shall pay directly for the expenses Jf moving Gary Sears, !us fa intly
to Englewood . Said moving expenses to include packing, moving, storage
costs, unpacking, and insurance charges . Go..ry Sears agrees to s ecure at lea ~,.
three (3) bids from reputable movin g co mpanies for such servi ces , and s hall u,e
the lowest responsible bidder .
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SmimLl. Conflict of lnlnffl li':rnbOrition .
It ia further undentoad 111d ap,,ed that becaUle of the duliN of the Manager within and
on behalf of the City of~ 111d ita citizenry, the City Manager aball not, during the
term of thia AiJ'eement, i.aclmdmally, u • partner, joint venture, officer or shan,holder,
invest or participate in any bu..-venture conductinr bulineu in the corporate limita of
Englewood, except for stock "'""""'1lip in any company whoee capital stock ia publicly held
and regularly traded. without 11w l,lrior approval of the Council. For and during the term of
thia A(reement, Gary Sears furtfum-agrees, except for a personal rosidence or residential
property acquired or held far fut=r uae as Im penonal residence, not to invest in any other
real estate or real property imprao,ementa within the corporate limits of Englewood. without
the prior consent of the Council.
5.w:t:iwl..a. General PIPYWona.
A The text shall constitutl, the entire Agreement between the parties.
B. This Agreement shall bliia,me etfe,:tive upon adoption and a pproval by the
Council of the City of &:iglewood.
C. If any provision, or any 9ortion thereof, contained in thia Agreement is held
unco111titutional, invalii:I or unenforceable. the remainder of this Agreement.
or portion thereof. shall ~ affected and shall remain in full force and effect.
D . No amendment oi this ~ent shall be effective unless it is approved in
writing and signed by e:acli party .
IN WITNESS WHEREOF , th, C-lllT of Englewood, Colorado baa caused this Agreement to
be signed and executed in its behalf E:,y its Mayor and duly attested by its City Clerk, and the
Manager bas signed and executed tl:l!£ Agreement, both in duplicate, the day and year first
written above .
The terms hereof are agreed to and ac:,epted by:
Thomas J . Burns , Yiayor Date