HomeMy WebLinkAboutResolution #5552 - Appointing Fire Chief and Approving an Employment Agreement RESOLUTION NO. 5552
A RESOLUTION APPOINTING FIRE CHIEF AND APPROVING AN EMPLOYMENT
AGREEMENT WITH FIRE CIHEF
WHEREAS, the Mayor, Kent McDowell, has appointed Lance T. Lusk as the Chief of the
Fire Department(or"Fire Chief') for the City of Canton, effective June 9, 2026;
WHEREAS, the City Council has considered the appointment by the Mayor and further
consents to the appointment Lance T. Lusk as Fire Chief, effective June 9, 2026.
WHEREAS,the corporate authorities have determined that it is necessary and in the best
interests of the City of Canton to enter into an employment agreement with Lance T. Lusk to
serve as the City's Fire Chief, effective June 9, 2026.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CANTON, FULTON COUNTY,ILLINOIS AS FOLLOWS:
1. That the Recitals set forth above, and all facts and statements contained therein, are
found to be true and correct and are hereby incorporated and adopted as part of this Resolution;
2. Effective June 9, 2026, and upon taking the oath prescribed by law, Lance T. Lusk is
hereby appointed Chief of the Fire Department, or "Fire Chief," with all powers and duties
assigned to him by applicable law, the Canton Municipal Code and other ordinances, and the
Mayor.
3. The Fire Chief Employment Agreement (the "Agreement", substantially in the form as
attached hereto as Exhibit A, is hereby APPROVED.
4. The Mayor and the City Clerk are hereby authorized and directed to execute and deliver
said Agreement on behalf of the City;
5. The Mayor is hereby authorized to make revisions to the Agreement, as he deems
necessary, in order to negotiate the final terms of the Agreement, provided that the salary of the
Fire Chief shall be substantially the same as in the attached Exhibit A; and
6. 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.
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PASSED AND APPROVED THIS 2°d DAY OF JUNE, 2026.
AYES: Mayor McDowell, Alderpersons Grimm, Lovell, Pickel, Gossett
NAYS: None
ABSENT: Alderpersons Chamberlin,Nelson, Hale, Ketcham
APPROVED:
By
Kent McDoy6ll, Mayor
ATTEST:
Andrea J. Smith-Walters, City Clerk
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EXHIBIT A
FIRE CHIEF EMPLOYMENT AGREEMENT
This Fire Chief Employment Agreement("Agreement")is made and effective as of the 9th
day of June, 2026, by and between the City of Canton (the "City") and Lance T. Lusk ("Lusk")
(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 Lusk's employment with the City as Chief of the Fire
Department(or"Fire Chief'):
1. Position:
Lusk shall be employed and appointed by the City as Fire Chief.
2. Work Requirements:
Lusk will devote his full working time and attention to the performance of the duties of the
position as they may be defined from time-to-time by the City or by applicable laws and
regulations. Lusk will also be assigned other such duties,as deemed necessary,by the City
Mayor.
The Parties realize that the position of Fire Chief requires the person holding such position
to work many weekends, evenings and other irregular hours without overtime pay. It is
understood and agreed that Lusk shall work whatever hours may be necessary in order for
him to fulfill the requirement of the position of Chief of the Fire Department, but in any
event not less than 40 hours per week,unless approved by the City Mayor.
3. Compensation:
Lusk shall be compensated at an annual salary rate of Ninety-Eight Thousand and 00/100
Dollars ($98,000.00) payable per the established pay period schedule of the City. Lusk's
employment as Fire Chief shall be considered FLSA salaried-exempt, and as an exempt
rank employee,Lusk shall not be entitled to overtime compensation. The City reserves the
right to increase Lusk's annual salary rate during the term of this Agreement as the City
may determine in the City's sole discretion. To the extent permitted by law, the City may
reduce Lusk's weekly compensation due to absences where no vacation credit is available.
4. Term:
A. Lusk shall be employed as the Fire Chief pursuant to this Agreement and the term
of employment shall commence June 9,2026,and shall continue until May 1,2029,unless
otherwise terminated sooner according to the terms of this Agreement. Upon May 1,2029,
this Agreement shall automatically terminate and the Parties shall have no continuing
obligations hereunder.
B. Lusk 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 Lusk's employment as Chief of the Fire Department
thru the end of such notice period,in which case, Lusk will still be paid through the last of
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the thirty(30)days' notice period.
C. The City may terminate this Agreement and Lusk's employment as Fire Chief at
any time, with or without cause. It is understood and agreed that Lusk's employment as
Fire Chief shall,at all times,be at will,and Lusk may be dismissed from this position with
or without cause. The City also has the ability to discipline Lusk as deemed necessary in
the discretion of the City Mayor.
D. In addition to all conditions set forth in this Agreement, Lusk agrees that upon
termination as Fire Chief, 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 8; and(iii)maintain the confidentiality of all confidential City business.
5. Clothing Allowance:
Lusk shall be provided $650.00 per fiscal year allowance for attire. Lusk 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.
6. Insurance:
Lusk is eligible for health insurance in accordance with and under the same terms and
conditions as those provided to other non-union employees of the City. The premium
payment for any City coverage selected will be deducted from each of Lusk's regular
paychecks to the extent Lusk is responsible for such premiums. Employee insurance
coverage, deductibles, out of pocket costs, and other health insurance details shall be
governed by the City's health insurance plan documents.
7. Time Off and Other Benefits:
Lusk 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. Notwithstanding the foregoing, Lusk shall be permitted to
earn up to and use ten (10)personal days, rather than five (5)personal days, subject to the
remaining terms and conditions of the City's personnel policy as it pertains to non-union
employees and personal days. These days shall not be in addition to the personal days set
forth in said policy.
8. Equipment:
Lusk shall be assigned an command vehicle (as designated by the Mayor), 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.
9. Fire Department Pension Contributions:
The City will make the contributions required of an employer pursuant to the provisions of
Article IV of the Illinois Pension Code (40 ILCS 5/4-101 et seq.) ("Firefighter's Pension
Fund"). Lusk shall make any required employee contributions under the Firefighter's
Pension Fund pursuant to a reduction of his salary.
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10. Outside Interests:
While employed by the City, Lusk 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. Lusk shall not engage in any non-City connected business or employment
without prior approval of the City Mayor.
11. Residency Requirement:
Lusk shall at all times reside within a twenty-five (25) minute drive of the Canton Fire
Department as determined by Google Maps.
12. Attorney Fees. Lusk agrees to reimburse the City for any attorney fees,costs and expenses
incurred in its successfully enforcing any part of this Agreement in any state or federal
court lawsuit and/or its successfully defending all or part of any lawsuit that Lusk may file
against the City and/or any individual in their capacity as an agent of the City.
13. Modification. The City and Lusk may agree to meet and discuss modifications to this
agreement at any time during its term. All modifications of this Agreement shall be
ineffective unless reduced to writing and signed by the Mayor and Lusk and approved by
the City Council.
14. Severabilily:
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 Lusk's employment must be filed and resolved in the Circuit Court
of Fulton County,Illinois.
16. Headinas:
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 Lusk 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 Lusk and the City. Furthermore, no future agreements,
understandings, restrictions, warranties, or representations may be relied upon by Lusk,
unless they are set forth in writing and signed by the Mayor of the City.
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By witness as indicated below, the parties have executed this Agreement on the date and year
indicated below.
Lance T. Lusk The City of Canton t
Lance T. Lusk y: Kent A. Mc. ` ayor
Date: o- -2- 20 2 e Date: g J 09,6; Q
[Signature Page to Fire Chief Employment Agreement, dated June 9, 2026]
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