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HomeMy WebLinkAboutEmployement Agreement - Don BurtSPECIAL EMPLOYMENT AGREEMENT This agreement is entered into on this A r14 day of January, 2017, by and between the CITY OF CENTRAL POINT ("City") and DONALD R. BURT ("Mr. Burt"). HISTORY AND RATIONALE The City is in need of the services of a Planning Manager to perform the duties as outlined in the position description. Mr. Burt is highly qualified and available to perform the duties of Planning Manager. He is a PERS retiree and limited to working not more than 1039 hours in a calendar year for a PERS employer. The City recognizes the value of Mr. Burt's experience and expertise, as well as his reputation and standing in the community, and appreciates Mr. Burt's willingness to assist the City in filling this need. THEREFORE it is agreed that Don Burt shall be employed to fulfill the duties of Planning Manager under the provisions of a Special Employment Agreement detailed herein. MR. BURT AGREES THAT: 1) He will serve as the City's Planning Manager for a period of time mutually agreed to by Mr. Burt and the City. 2) His work time will be scheduled according to the needs of, and in concurrence of, the Community Development Director. Furthermore, Mr. Burt agrees that this position is a management position and exempt from overtime pay in accordance with the Fair Labor Standards Act, but that Mr. Burt will average approximately 19 hours per week of service to the City. 3) He will satisfactorily perform the duties of Planning Manager under the general direction of the Community Development Director and as outlined in the approved Planning Manager position description. 4) Any outside employment/consulting engaged in while this agreement is in effect shall in noway detract from the time, quality or efficient execution of his duties as Planning Manager for the City. Furthermore, Mr. Burt agrees that any outside employment shall not in any way discredit the City or result in any conflict of interest, including but not limited to, the use of information gained as a result of his position as Planning Manager for personal gain or advantage. 5) He will abide by all City policies and procedures, as well as federal, state and local laws and ordinances. 6) The City will not pay into the PERS system on Mr. Burt's behalf during the terms of this agreement. 7) The City shall not be responsible for, and shall be held harmless by Mr. Burt for any loss of benefits from PERS suffered by Mr. Burt as a result of, or related to, work performed under this agreement. 8) He will not be eligible for participation in, or coverage under, the City's health, life or longterm disability insurance plans. 9) He will not accrue vacation leave or floating holidays. Mr. Burt agrees to schedule personal business outside of scheduled work time inasmuch as it is feasible and possible. 30) He will be eligible for sick leave per the City's sick leave policy. 11) He will not be scheduled to work on days designated as City holidays, nor shall he be paid extra if he elects to work on a day designated as a City holiday. In exchange for Mr. Burt's services, THE CITY AGREES TO: 1) Employ Mr. Burt as the City's Planning Manager for a period of time mutually agreed to by Mr. Burt and the City. 2) Require not more than 1039 hours of service from Mr. Burt during the calendar year beginning January land ending December 31. 3) Compensate Mr. Burton a salary basis at a rate of $5700.00 for each full month worked. Furthermore, the City will reconsider Mr. Burt's salary and compensation annually and modify this agreement accordingly. 4) Permit Mr. Burt to engage in outside employment in the form of consulting, but that such consulting work shall not in any way result in a conflict of interest nor detract from the time, quality or efficiency of Mr. Burt's execution of his duties as Planning Manager for the City. 5) Provide Mr. Burt with office space at City Hall and that such office space shall include office furniture, a computer, office supplies, telephone, and other items necessary to perform the duties of Planning Manager. 6) Allow Mr. Burt to participate in any deferred compensation program offered under the City's deferred compensation plan. 7) Not require Mr. Burt to work the period of time for pre -planned vacation. Furthermore, It is agreed that Mr. Burt shall not receive his weekly salary for this period of time. TERMINATION OF SPECIAL EMPLOYMENT AGREEMENT It is agreed that this Agreement may be terminated by either party for any reason with thirty (30) calendar days written notice and such termination shall not be subject to appeal. It is further agreed that either party may terminate the Agreement immediately if the other party is found to be in violation of the terms of this agreement and such termination under these circumstances shall be subject to the appeal procedure set forth in the City's Personnel Policies and Procedures. Upon termination of this Agreement, Mr. Burt (or Mr. Burt's estate in the event of Mr. Burt's death) shall be compensated only for any uncompensated time worked between the prior pay day and the date of termination. MODIFICATION AND WAIVER It is agreed that no waiver by either party, whether express or implied, of any provision of this Agreement shall constitute a continuing waiver of such provision or waiver of other provision of this Agreement. No waiver, whether express or implied, by either party of any breach or default by the other party, shall constitute a waiver of any other breach or default of the same or any other provision of this Agreement. It is agreed that no modification or amendment of the terms of this Agreement shall be valid unless reduced to writing and signed by all parties to this Agreement. SIGNATURES Signed this 4'M day of January, 2017 Chris Clayton, City Manager Date nitrt Date City of Central Point PLANNING MANAGER The Planning Manager supervises and participates in advanced, highly -complex professional planning activities. The Planning Manager often manages and supervises sections or divisions within the larger Community Development department. Furthermore the Planning Manager may function as a deputy for the Community Development Director or even serve as Acting Director. Typical Functions • Performs and manages complex and sensitive professional planning projects, research and analysis • Monitors and ensures compliance with local, state and federal laws • Oversees specialized planning functions such as large-scale new development proposals and environmental studies • Provides overall management of division -related planning issues • Advises the Planning Director on all planning-relatedyatitters • Advises various councils, boards, commissions and dtected officials in planning related issues • Supervises the Transportation Modeling Division of Planning Department • Serves as liaison and performs all necessary functions in support of Planning Commission • Assigns work to professional staff and ensures, appropriate training is provided • Evaluates operations and activities pf assigned Osponsibiliti6s • Prepares reports on operations and activities, recommending improvements and modifications • Handles sensitive personnel matters • Participates in budget preparation and' ministration, monitors and controls expenditures • Attends substantial number of evening and weekend peetings • Serves as acting Planning Director in his or her absence Typical Knowledge "-: • Thorough knowledge of urban planning and development and local government policies and procedures • Thorough knowledge of specialization such as housing, zoning, historic preservation, and economic development • Research methods and statistical principles related to urban growth and development • Methods and techniques of effective technical report preparation and presentation • Pertinent federal, state and local laws, codes and regulations including recent changes • Principles and practices of supervision, training and personnel management • Budgeting procedures and techniques • Recent developments, current literature and sources of information related to municipal planning and administration. • Knowledge of local government procedures and practices • Citizen involvement techniques and processes • Knowledge of computer hardware and software programs, which may include Microsoft Office, Internet applications, econometric or transportation modeling, database management, or GIS Typical Skills • Must be innovative, detail -oriented, experienced in highly visible/controversial projects • Capable of managing multiple, high-priority assignments • Strong interpersonal skills to develop good working relationships at various levels and to resolve complaints • Strong analytical skills to interpret research data for reports and apply mathematic techniques in practical situations • Reading comprehension to understand technical and legal materials. • Ability to work on several projects or issues simultaneously • Ability to provide effective supervision and staff management • Ability to manage projects effectively and meet firm deadlines Minimum Qualifications The Principal Planner usually possesses a master's degree in planning or a closely related field and at least five years of experience in the planning profession. Three to four years of supervisory experience is often required. AICP certification preferred.