Loading...
HomeMy WebLinkAboutR89-125083' CITY MANAGER - CONTRACT RESOLUTION NO. R89-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, APPROVING A CONTRACT FOR SERVICES WITH THE CITY MANAGER AND AUTHORIZING THE MAYOR TO EXECUTE SUCH ON BEHALF OF THE CITY OF PLAINVIEW. Whereas, City Manager, James P. Jeffers, has been with the City of Plainview since October, 1984; and Whereas, the City Manager has performed in such a manner to meet the expectations of the Mayor and City Council; and Whereas, a proposed Contract for services of the City Manager is attached and hereby made a permanent part of this Resolution. Now, Therefore, Be It Resolved by the City Council of the City of Plainview, Texas, that the attached Contract for services with City Manager, James P. Jeffers is hereby approved and the Mayor is authorized to execute such on behalf of the City of Plainview. Passed and this .l~lt~ d~of APres'l, 1989. approved ~~r~,~~j ATTEST: Carla Reese, City Secretary A OVED AS TO FORM: CITY MANAGER'S EMPLOYMENT AGREEMENT THE STATE OF TEXAS COUNTY OF HALE KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT, made and entered into this 14th day of March, 1989, by and between the City of Plainview, Hale County, Texas, a Texas municipal corporation, (hereinafter "Employer") and James P. Jeffers, (hereinafter "Employee") both of whom agree as follows: WITNESSETH: WHEREAS, Employer desires to continue to employ the services of James P. Jeffers as provided by Section 201 of the Charter of the City of Plainview, Texas; and WHEREAS, it is the desire of the Plainview City Council, (hereinafter "Council") to provide certain benefits, establish certain conditions of employment and to set working conditions of employee; and WHEREAS, Employee desires to continue employment as City Manager of the City of Plainview, Texas. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1 of 7 . Section 1. Duties. Employer hereby agrees to continue to employ Employee as City Manager of said Employer to perform the functions and duties specified in the City Charter and City Ordinances of the City of Plainview, and to perform other legally permissible and proper duties and functions as the Council shall from time to time assign. Section 2. Term. A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employer to terminate the services of Employee at anytime, subject only 'to the provisions set forth in Section 4, paragraphs A and B, of this Agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at anytime from his position with Employer, subject only to the provision set forth in Section 4, paragraph C, of this Agreement. C. Employee agrees to remain in the exclusive employ of Employer and neither to accept other employment nor to become employed by any other employer until employment is terminated as hereinafter provided. D. The term "employed" shall not be construed to include occasional teaching, writing, consulting or military reserve service performed on Employee's time off. Section 3. Suspension. A. Employer may suspend the Employee with full pay and benefits at anytime, but only if: 2 of 7 O86 1. A majority of Council and Employee agree, or After a public hearing, a majority of Council votes to suspend Employee for just cause provided, however, that Employee shall have been given written notice setting forth any charges at least 10 days prior to such hearing by the Councilmembers bringing such charges. B. Employer may suspend the Employee without full pay and benefits at anytime, but only if: 1. A majority of Council and Employee Agree, or 0 After a public hearing, a majority of Council votes to suspend Employee for just cause provided, however, that Employee shall have been given written notice setting forth any charges at least 10 days prior to such hearing by the Councilmembers bringing such charges. In the event Employee is suspended without full pay and benefits, Employee may, at his option, treat such suspension as a termination and the provision in Section 4 shall apply. Section 4. Termination and Severance Pay. A. In the event Employee is terminated by the Council and Employee is willing and able to perform his duties under this Agreement, then in that event Employer agrees to pay Employee a lump sum cash of payment equal to 12 months' aggregate salary; provided, however, in the event Employee should be charged by indictment of a felony criminal offense, or an offense involving moral turpitude, then in such event Employer, at its option, shall have the right to terminate Employee, and Employer shall have no obligation to pay the aggregate severance sum designated in this paragraph. 3 of 7 O87 B. In the event Employer at anytime reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all employees of Employer, or in the event Employer refuses, following written notice, to comply with any other provision benefiting Employee herein, then in that event Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply with the meaning and context of the herein severance pay provision. C. In the event Employee voluntarily resigns his position with Employer, Employee shall give Employer 30 days notice in ? advance, unless the parties otherwise agree. Section 5. Disability. If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of 4 successive weeks beyond any accrued sick leave, or for 20 working days over the 30 working day period, Employer shall have the option to terminate this Agreement. However, Employee shall be compensated for any accrued sick leave, vacation, holidays, compensatory time and other accrued benefits. Section 6. Salary. Employer agrees to pay Employee for his services rendered pursuant hereto an annual base ~alary of $55,964.48, payable in installments at the same time as other Employees of the Employer are paid. In addition, Employer agrees to increase said base salary and/or other benefits of Employee in such amounts and to such extent as the Council may determine that is desirable to do so on the basis of an annual salary review Of said Employee made at the same time as similar consideration is given other Employees' generally. 4 of 7 088 Section 7'. Performance Evaluation. A. The Council shall review and evaluate the performance of the Employee at least once annually in advance of the adoption of the annual operating Budget. Said review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee. Said criteria may be added to or deleted from as the Council may from time to time determine, in consultation with the Employee. Further, the Mayor shall provide the Employee with a summary of written statement of the findings of the Council and provide an adequate opportunity for the Employee to discuss his evaluation with the Council. B. Annually, the Council and Employee shall define such goals and performance objectives which they determine necessary of the proper operation of the City and in the attainment of the Council's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified in the annual operating and capital budgets and appropriations provided. C. In effecting the provisions of this Section, the Council and Employee mutually agree to abide by the provisions of applicable law. Section 8. Other Terms and Conditions of Employment. A. The Council, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of EmplOyee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter or any other law. 5 of 7 OB9 B. All provisions of the City Charter and Code, and regulations and rules of the Employer relating to vacation 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 Employee as they would to other Employees' of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. C. Employee shall be entitled to receive the same vacation and sick leave benefits as are accorded Department Heads, including provisions governing accrual and payment thereof on termination of employment. Section 9. No Reduction of Benefits. While this Agreement is in effect Employer shall not at any time reduce the salary, compensation or other financial benefits of Employee, except to the degree of such reduction across-the-board for all Employee's of the Employer. Section 10. Notices. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: EMPLOYER: Mayor, City of Plainview, 901 Broadway, Plainview, Texas 79072. EMPLOYEE: James P. Jeffers, City Manager, City of Plainview, 901 Broadway, Plainview, Texas 79072. Alternatively, notices required pursuant to this Agreement may be personally served pursuant to the civil Rules of Procedure. 6 of 7 090 Notice shall be deemed given as of the date of personal services, or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 1I. General Provisions. A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This Agreement shall become effective commencing April 11, 1989. D. If any provision, or any portion thereof contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the City of Plainview has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Secretary and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. E.V. Ridlehuber Mayor Carla Reese City Secretary David Blackburn City Attorney 7 of 7