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HomeMy WebLinkAbout#5114 Public Safety Director RESOLUTION NO 5114 A RESOLUTION APPROVING AN AGREEMENT FOR THE EMPLOYMENT OF RICHARD FAIRBURN AS PUBLIC SAFETY DIRECTOR OF THE CITY OF CANTON AND DIRECTING THE MAYOR TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS. WHEREAS, the Mayor Kent McDowell has appointed on July 18, 2017, with the consent and approval of the City Council of the City of Canton, Richard Fairburn to the position of Public Safety Director for the City of Canton, Illinois, subject to the entry of an Agreement for Employment, and the Mayor and City Council have determined that it is necessary and in the best interests of the City of Canton to enter into an Agreement for Employment to allow Richard Fairburn to fill this position at this time, as set forth in Exhibit "A" attached hereto and incorporated herein; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. That the agreement attached hereto and incorporated herein as Exhibit "A" is hereby approved by the Canton City Council. 2. That the Mayor of the City of Canton, Illinois is hereby authorized and directed to execute said Agreement on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 1st day of August 2017 upon a roll call vote as follows: AYES: Aldermen Ryan Mayhew, Chris Jump, Craig West, Tad Putrich, Angeila Lingenfelter, Justin Nelson NAYS: None ABSENT: Alderman John Lovell, Angela Hale APPROVED:D Kedt McDkell,ty) ATTE/7/ Di. . Pavley-Rock, City Clerk 2 AGREEMENT FOR EMPLOYMENT FOR PUBLIC SAFETY DIRECTOR FOR THE CITY OF CANTON THIS AGREEMENT (" Agreement") is hereby made this 1st day of August 2017, by and between the City of Canton, Fulton County, Illinois (" City") and Richard Fairburn, ("Richard") RECITALS WHEREAS, the City has appointed Richard to the position of Public Safety Director subject to the execution of this agreement, to ensure proper management, operation and supervision of the Police and Fire Departments of the City of Canton, in addition to ensuring that said Police and Fire Departments comply with all local, state, and federal rules, laws and regulations for proper operation of said Departments; WHEREAS, Richard wishes to serve in the position of Public Safety Director; WHEREAS, Richard understands and acknowledges there is still an acting Fire Chief for the City of Canton Fire Department and that Richard shall work with the Fire Chief in managing, operating and supervising the Fire Department until the Fire Chief's retirement; WHEREAS, Richard understands that he is an appointed, at will employee and that this Agreement does not create any type of additional employment rights other than as an appointed, at will employee for Richard and that he is subject to removal from the appointment at any time for any reason and that may also resign at any time for any reason pursuant to the laws of the State of Illinois. NOW, THEREFORE, in consideration of the promises hereinafter exchanged, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Period of Employment: The term of this Agreement and period of services shall be from its execution date and continue on a yearly basis, unless Richard shall be removed from his appointed position by the Mayor or if Richard choses to resign from same. Richard understands that he must be reappointed annually by the Mayor to continue in the position. There shall be no probationary period for this position. 2. Public Safety Director duties: During the period of this agreement herein described, Richard shall perform the duties of Public Safety Director as set out in the applicable statutes of the State of Illinois involving operation, management and supervision of a police and fire department, and all ordinances lawfully enacted pursuant thereto, the duties specified in the Code of Ordinances of the city, and such other duties as the City Council may lawfully assign Richard, including, but not limited to what are found in "Exhibit 1" attached hereto and incorporated herein. Richard understands that his duties may be changed and amended from time to time based solely upon the discretion of the City. Richard shall also ensure he has any 3 necessary training, certification or any other necessary requirements to fulfill the requirements of the position. Richard employment shall also be regulated by the City of Canton Personnel Policy in its current form or as amended in the future and said terms and conditions of said City of Canton Personnel Policy is incorporated herein. Richard shall comply with all terms and conditions of the City of Canton Personnel Policy in its current form and pursuant to any amendments thereto, unless there is a contradicting term or condition within this Agreement. If there is a contradicting term or condition herein in this Agreement it shall control over the Personnel Policy. 3. Hours of Work: The parties realize the position of Public Safety Director requires the person holding such position to work hours during the week, many weekends, evenings, and other irregular hours as he shall be managing, operating and supervising the Police Department and Fire Department for the City. It is understood and agreed that Richard shall work whatever hours maybe necessary in order for him to fulfill the requirements of the position of Public Safety Director. 4. Salary: Richard shall receive annual compensation for the period commencing August 1, 2017 and ending on December 4, 2017, in the amount of eighty-five thousand dollars ($85,000.00). Commencing December 4, 2017 Richard shall receive annual compensation in the amount of one hundred and five thousand dollars ($105,000.00) and annually thereafter, unless increased by the approval of the Mayor and City Council. Richard and City acknowledge the lower salary of$85,000.00 is based upon the current acting Fire Chief continuing in employment and operating the Fire Department until approximately December 4, 2017. Richard and the current acting Fire Chief shall work and operate the City of Canton Fire Department until the acting Fire Chief's retirement, at which time Richard shall filly operate the Department. Richard is a salaried management employee and therefore, he shall not be paid overtime or compensatory time off Richard shall be provided five (5) paid personal days each year, in addition to five (5) paid sick days each year. Richard shall be provided a total of four (4) paid weeks of vacation each year. That no personal days, sick days or vacation time periods shall be allowed to accrue to the following year and if said time periods are not utilized during the relevant year they are provided then they shall be forfeited without any compensation for same. Richard shall not be provided any type of stipend, severance package, pay out or any financial benefits pursuant to a separation agreement when he retires or is otherwise not re-appointed to the position other than as required by this Agreement and the laws of the State of Illinois. 5. Retirement and Health Insurance: Richard shall be eligible for medical, dental and life insurance pursuant to the terms and conditions of the City of Canton Personnel Policy. Richard shall pay 20%of the premiums for medical and dental insurance or whatever is required by the City of Canton Personnel Policy. Richard shall be provided basic life insurance as detailed in the City of Canton Personnel Policy and the city shall pay the premiums of said basic life insurance. Further, Richard shall be enrolled in a pension retirement with IMRF and it is believed Richard shall be enrolled in Tier 1 IMRF. Richards pension and ultimate determination of availability and qualification for IMRF shall be regulated and controlled pursuant to the conditions, rules and regulations as determined by IMRF. 4 6. Performance Evaluation: The Mayor and city Council shall review and evaluate the performance of Richard at least once annually in advance of the adoption of the annual operating budget and the annual appointment of Richard. 7. Renewal: The City and Lane may meet to discuss the renewal of this Agreement at any time during its term. 8. Amendments. All attempted amendments of this Agreement shall be ineffective unless reduced to writing and signed by all parties. 9. Effects. This Agreement shall be binding upon each of the parties hereto and their respective successors, assigns or heirs, as the case may be. 10. Governing Law. This Agreement will be construed, interpreted, enforced and governed, in all respects, in accordance with the law of the State of Illinois and any litigation pertaining to said Agreement must be filed in the Circuit Court of Fulton County, Illinois. 11. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent it is incorporated into this Agreement. Unless expressly stated otherwise in this Agreement, all benefits provided to Richard under this Agreement shall cease upon the termination of his services for the City as Public Safety Director. CITY OF CANTON, FULTON COUNTY, ILLINOIS By: Mayor ATTEST: City Clerk RICHARD FAIRBURN 5 CITY OF CANTON PUBLIC SAFETY DIRECTOR JOB DESCRIPTION Position: Public Safety Director Date: Reports to: Mayor and City Council Reviewed: Department: Police and Fire Division: Administration JOB SUMMARY: This position is appointed by the Mayor with consent of the City Council. This position is subject to possible reappointment at the start of each fiscal year. Further,this position is responsible for directing the operations of the Public Safety Department pursuant to Chapter 24 of the City of Canton City Code and State Statute, in addition to the duties and requirements of Provisions 5-1-2 and 6-1-2 of the City Code. MAJOR DUTIES: o Directs the overall operation of the Public Safety Department, including fire,police, and EMS operations. o Directs all issues pertaining to morale and performance of employees,including ensuring that all standards and policies are met. o Plans, directs, organizes, manages and administers the emergency and non-emergency operations of the Fire Department and Police Department; provides leadership and direction to the organization; interprets the goals and policies of the City of Canton and how they correlate with both the Police and Fire Department and recommends and plans for the protection of life,property and enforcement for the laws of the State of Illinois and City of Canton Code within city limits. o Serves as the Chief Administrator of both Canton Police Department and Canton Fire Department through the command management of all levels of commission and non- commissioned personnel. Assists and advises the Mayor and City Council on law enforcement and public safety matters affecting the City of Canton. o Responsible for the oversight of all daily operations of all staff of the fire,police and EMS, including,but not limited to overtime,comp time,and disciplining pursuant to state statute and applicable Collective Bargaining Agreements. o Prepares and reviews department budgets; administers compliance with established guidelines. o Develops policies, general orders, rules, and regulations for the fire, police and EMS departments. o Directs employee training and development; ensures that all certifications and training requirements are maintained. o Meets with the Mayor and city staff to coordinate assignments and accomplish city goals; attends City Council,public and personnel meetings. o Maintains emergency operation procedures and training to ensure the safety of the community during disasters and emergencies. o Seeks and applies for alternative funding through grants and other financial programs, in addition to properly administering said funds and grants. o Responsible for the vehicle fleet and equipment. o Performs other related duties as assigned. KNOWLEDGE REQUIRED BY THE POSITION: o Knowledge of accounting principles and budget preparation. o Knowledge of law enforcement, criminal law, fire suppression, emergency management, emergency medical, and animal control principles. o Knowledge of fire codes, city ordinances, personnel law, FLSA regulations, training requirements, and the Sunshine Law (Open Meeting Act, as amended and Freedom of Information Act, as amended) o Knowledge of city and department operations. o Knowledge of federal and state grants. o Skill in policy development, records management, and media relations. o Skill in oral and written communication. SUPERVISORY CONTROLS: The Mayor with the consent of the City Council assigns work in terms of city goals and objectives and works under the general guidance of the Mayor and Council. The Public Safety Director and other supervisors of each respective department reviews work through conferences,reports,and observation of department activities. GUIDELINES: Guidelines include the uniform fire code, city employee policy, department rules and regulations,National Fire Protection Association standards,written directives,and federal,state, 2 and local laws and ordinances. These guidelines require judgment, selection, and interpretation in application. This position develops department guidelines. COMPLEXITY: The work consists of varied duties related to directing the operations of the Public Safety Department. SCOPE AND EFFECT: The purpose of this position is to direct the operations of the Public Safety Department. Successful performance helps ensure the efficient operation of each respective department department. PERSONAL CONTACTS: Contacts are typically with co-workers, representatives of other city departments, elected officials, attorneys,court personnel, the media, school personnel, health care providers, vendors, state and local training academy staff, college and university personnel, and senior citizen groups. PURPOSE OF CONTACTS: Contacts are typically to give or exchange information, resolve problems, provide services, motivate personnel, and justify, defend, negotiate, or settle matters. PHYSICAL DEMANDS: The work is typically performed while sitting at a desk or table. However,this also requires sufficient clarity of speech,hearing or other communicative capabilities, with or without reasonable accommodation, which permits the employee to discern verbal instructions,lead and direct major city departments,communicate effectively,and perform telephone and radio communications. Sufficient vision or other powers of observation, with or without reasonable accommodation,which permits the employee to comprehend written work instructions, observe department processes and procedures, prepare and review a wide variety of written and financial materials, and sight and shoot a firearm. Sufficient manual dexterity, with or without reasonable accommodation, which permits the employee to use a firearm safely and effectively, writes reports and evaluations,utilize equipment required for the performance of duties,and operate a motor vehicle with a valid Illinois Driver's License. Sufficient personal mobility, flexibility, stamina, strength and physical reflexes,with or without reasonable accommodation,which permits the employee to bend or stoop repeatedly,sit or stand for long periods of time,and perform all duties required in a law enforcement environment. Additionally, ability to apply mathematical concepts such as fractions, percentages, ratios and proportions to practical situations. Specific vision abilities required include: close vision, distance vision, ability to discriminate between colors and peripheral vision. WORK ENVIRONMENT: The work is typically performed in an office however, may require frequent exposure to outdoor weather conditions, fumes or airborne particles, work near moving mechanical parts. SUPERVISORY AND MANAGEMENT RESPONSIBILITY: This position has direct supervision over Police, Fire personnel, Administrative Assistants and Civilian Personnel. 3 MINIMUM QUALIFICATIONS: o Knowledge and level of competency commonly associated with the completion of a bachelor's degree in a course of study related to the occupational field. o Resides in the corporate Canton City Limits or within a ten (10) mile radius of the City within twelve (12) months of initial appointment. o Experience sufficient to thoroughly understand the diverse objectives and functions of the subunits in the division/department in order to direct and coordinate work within the division/department,usually interpreted to require three to five years of related experience. o Possession of or ability to readily obtain a valid driver's license issued by the State of Illinois for the type of vehicle or equipment operated. o Have an up-to-date knowledge of NIMS and Critical Incident Command. 4