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HomeMy WebLinkAboutResolution #5377 - appointment of chief of police and approving an employment agreement with police chief i RESOLUTION NO. 5377 A RESOLUTION APPOINTING CHIEF OF POLICE AND APPROVING AN EMPLOYMENT AGREEMENT WITH POLICE CHIEF WHEREAS,the City of Canton,Illinois has determined that it is necessary and in the best interests of the City of Canton to enter into an employment agreement with Michael Eveland to serve as the City's Chief of Police (or"Police Chief' or"Employee"), effective May 3, 2022. WHEREAS, Section 6-1-2(B) of the Canton Municipal Code provides, in part, "The chief of police shall be appointed by the mayor, with the consent and approval of the city council." WHEREAS, the Mayor, Kent McDowell, has appointed Michael Eveland as the Chief of Police for the City of Canton; WHEREAS, the City Council has considered the appointment by the Mayor and further consents to the appointment Michael Eveland as Chief of Police. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS AS FOLLOWS: 1. That the Employment Agreement substantially in the form as attached hereto as"Exhibit A" is hereby approved by the Canton City Council. 2.That the Mayor and the City Clerk of Canton,Illinois,are hereby authorized and directed to execute and deliver said agreement on behalf of the City of Canton. 3. The Mayor is hereby authorized to make revisions to the Employment Agreement, as he deems necessary, in order to negotiate the final terms of the Employment Agreement, provided that the salary of the Employee shall be substantially the same as in the attached Exhibit A. 3. That this Resolution shall be in full force and effective immediately upon its passage by the City Council of the City of Canton,Fulton County,Illinois,and approval by the Mayor thereof. PASSED AND APPROVED THIS 3rd day of May, 2022. AYES: Alderperson Andra Chamberlin, John Lovell, Craig West, Angela Hale, Jeff Fritz, Angela Lingenfelter, Greg Gossett NAYS: None ABSENT: None ABSTAIN: JUSTIN NELSON APPR WED: By: Kent McDowell;A or ATTEST: �"— Diana avley= oc , ' ity Cler CHIEF OF POLICE EMPLOYMENT AGREEMENT �-a This Chief of Police Employment Agreement (the "Agreement") is made the day of May, 2022, by and between the City of Canton (the "City") and Michael Eveland ("Eveland") (collectively referred to as _the "Parties"). 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 regarding Eveland's employment with the City as Chief of Police: 1. Position: Eveland shall be employed by the City as the Chief of Police. 2. Work Requirements: Eveland will devote his full working time and attention for the performance of the duties of the position as they may be defined from time-to-time by the City or by Federal or State laws or regulations. Eveland will also be assigned other such duties,as deemed necessary,by the City Mayor. The Parties realize that the position of Chief of Police requires the person holding such position to work many weekends, evenings and other irregular hours without overtime pay. It is understood and agreed that Eveland shall work whatever hours may be necessary in order for him to fulfill the requirement of the position of Chief of Police, but in any event not less than 40 hours per week, unless approved by the City Mayor. 3. Compensation: The City will compensate Eveland with a weekly salary of $1,826.92, from May 1, 2022 through May 2, 2023. To the extent permitted by law, the City may reduce Eveland's weekly compensation due to absences where no vacation credit is available. This compensation is retroactive to May 1, 2022 due to Eveland's service as Interim Police Chief and to compensate him for same, prior to serving as regular Police Chief, effective May 3, 2022. 4. Term: A. Eveland shall be employed as the Chief of Police pursuant to this Agreement and the term of employment shall commence May 3, 2022, and shall continue until May 2, 2023, unless otherwise terminated sooner according to the terms of this Agreement. Upon May 2, 2023, this Agreement shall automatically terminate and the Parties shall have no continuing obligations hereunder. B. Eveland may terminate this Agreement prior to its expiration upon thirty (30) days' prior written notice to the City Mayor. Following such notice, the City, in its sole discretion, may choose not to continue Eveland's employment as Chief of Police thru the end of such notice period, in which case, Eveland will still be paid through the last of the thirty (30) days' notice period. Page 1 of 3 I C. The City may terminate this Agreement and Evelands's employment as Chief of Police at any time, with or without cause. It is understood and agreed that Eveland's employment as Chief of Police shall, at all times, be at will, and Eveland may be dismissed from this position with or without cause. The City also has the ability to discipline Eveland as deemed necessary in the discretion of the City Mayor. D. In addition to all conditions set forth in this Agreement, Eveland agrees that upon termination as Chief of Police, he will (i) pay any and all monies owed the City, if any; (ii) return all City owned property, including but not limited to the equipment listed below in Section 9; and (iii) maintain the confidentiality of all confidential City business. 5. Seniority Furlough: During the time Eveland serves as Chief of Police, he shall be considered on furlough from the rank he held immediately prior to his appointment as Interim Chief of Police. If Eveland resigns or is discharged as Chief of Police prior to attaining eligibility to retire on pension, if he so chooses, he shall revert to and be established in such rank, and therefore be entitled to all benefits as if he held that rank throughout his tenure as Chief of Police or Interim Chief.of Police. 6. Clothing Allowance: Eveland shall be provided $650.00 per fiscal year allowance for attire. Eveland shall determine his appropriate attire for performing his duties. The City will be reimbursed at the end of the City fiscal year, if the allowance is not all used. 7. Insurance: Eveland is eligible for healthcare insurance in accordance with and under the same terms and conditions as those provided to other non-union employees of the City. 8. Time Off and Other Benefits: Eveland will be entitled to the same time off, vacation, and other employment benefits in accordance with and under the same terms and conditions as those provided to other non-union employees of the City. Cr , 9. Equipment: Eveland shall be assigned an unmarked command vehicle, portable radio, and cell phone. The City will be responsible for all insurance, fuel, repairs, and maintenance costs of the command vehicle, provided it is only utilized for City business. 10. Police Pension Contributions: The City will make the contributions required of an employer pursuant to the provisions of the Police Pension Fund — Municipalities (40 ILCS 5/3- 101 et seq.) ("Police Pension Act"). Eveland shall make any required employee contributions under the Police Pension Act pursuant to a reduction of his salary. Page 2 of 3 I i 11. Outside Interests: While employed by the City, Eveland will not invest in a corporation, business or other organization, or participate in the management corporation,business, or other organization, if it is judged by the City that his participation would interfere with his full- time obligation to the City or that his participation would be incompatible with the affairs and/or operation of the City. Eveland shall not engage in any non-City connected business or employment without prior approval of the City Mayor. 12. Residency Requirement: Eveland shall at all times reside within a twenty-five (25) minute drive of the Canton Police Department. 13. Amendment and Waiver: This Agreement maybe amended or modified at any time, and any provision may be waived, by written agreement signed by both Parties setting forth the amendment, modification, or waiver. 14. Severability: The invalidity or'unenforceability of any particular provision of this Agreement will not affect the Agreement's other provisions, which are then to be applied as if the invalid or unenforceable provision were omitted. 15. Governing Law and Venue: This Agreement will be construed, interpreted, enforced and governed, in all respects, in accordance with the laws of the State of Illinois and the City, and any litigation pertaining to this Agreement or Eveland's employment must be filed in the Circuit Court of Fulton County, Illinois. 16. Headings: The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 17. Integrated Agreement: There are no agreements, understandings, restrictions, warranties, or representations on which Eveland may rely relating to the terms of his employment by the City other than those set forth in this Agreement and this Agreement expressly supersedes and voids any prior employment agreements between Eveland and the City. Furthermore, no future agreements, understandings, restrictions, warranties, or representations may be relied upon by Eveland, unless they are set forth in writing and signed by the Mayor of the City. Michael Eveland Thl City of Canton r 1 C / K t . McDowell, Mayor Date:�-GI''y 3, 2 Z. Date: NA(4 .3OU?3-- Page 3 of 3 i