HomeMy WebLinkAboutResolution #5378 RESOLUTION NO. 5378
A RESOLUTION APPOINTING CHIEF OF THE FIRE DEPARTMENT AND
APPROVING AN EMPLOYMENT AGREEMENT WITH
CHIEF OF THE FIRE DEPARTMENT
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 Scott M. Roos to serve
as the City's Chief of the Fire Department(or"Fire Chief"or"Employee"),effective June 7,2022.
WHEREAS, Section 5-1-2(A) of the Canton Municipal Code provides, "There is hereby
created the office of chief of the fire department, who shall be the head of said fire department,
and shall hold office until a successor shall be appointed and qualified."
WHEREAS,the Mayor,Kent McDowell,has appointed Scott M.Roos as the Chief of the Fire
Department for the City of Canton;
WHEREAS, the City Council has considered the appointment by the Mayor and further
consents to the appointment Scott M. Roos as Chief of the Fire Department.
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 7th day of June, 2022.
AYES: Alderperson Justin Nelson, Craig West, Angela Hale, Jeff Fritz, Angela
Lingenfelter, Greg Gossett
NAYS: None
ABSENT: Alderperson Andra Chamberlin, John Lovell
APPROVE 0:
By:��� Iliiidfis41r
1110- L.- e-g)
' ent McDowe i .yor
ATTEST:
Diana Pavley-Rock, City Clerk
CHIEF OF THE FIRE DEPARTMENT EMPLOYMENT AGREEMENT
This Chief of the Fire Department Employment Agreement (the "Agreement") is made
the 7th day of June, 2022, by and between the City of Canton (the"City") and Scott M. Roos
("Roos") (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 Roos's employment with the
City as Chief of the Fire Department for the City (or "Fire Chief'):
1. Position:
Roos shall be employed and appointed by the City as Chief of the Fire Department.
2. Work Requirements:
Roos 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. Roos 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 Roos 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:
The City'will compensate Roos with a weekly salary of$1,826.92, from June 7, 2022
through May'2,.2023. To the extent permitted by law, the City may reduce Roos's
weekly compensation due to absences where no vacation credit is available.
4. Term:
A. Roos shall be employed as the Fire Chief pursuant to this Agreement and the'term
of employment shall commence June 7,2022,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. Roos 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 Roos's employment as Chief of the Fire
Department thru the-end of such notice period, in which case,Roos will still be paid
through the last of the'thirty(30) days' notice period.
C. The City may terminate this Agreement and Roos's employment as Fire Chief at
any time, with or without cause. It is understood and agreed that Roos's
employment as Fire Chief shall,at all times, be at will, and Roos may be dismissed
from this position with or without cause. The City also has the ability to discipline
Roos as deemed necessary in the discretion of the City's Mayor.
D. In addition to all conditions set forth in this Agreement, Roos 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 9; and (iii) maintain the confidentiality of all confidential City
business.
5. Clothing Allowance:
Roos shall be provided$650.00 per fiscal year allowance for attire. Roos 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:
Roos 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.
As set forth in the Personnel Policy currently in effect, in the event Roos has retired,
attained the age of 50, and has become entitled to a pension under the provisions of the
Firemen's Pension Fund,and has twenty-five(25)years of service,then he shall be eligible
to have the City pay the entire amount of the applicable health insurance premium for such
insurance until Roos and his spouse have attained the age of 65 years. Premium payment
shall be for the Roos, Roos's spouse and his dependent children. If Roos becomes re-
employed where insurance coverage is provided by the new employer, then he shall be
excluded from this provision. Upon attaining the age of sixty-five (65)years, or such other
age as Congress may subsequently determine for Medicare, this coverage shall terminate
and Roos shall make application to Medicare or to its successor program.If available,Roos
shall have the option of purchasing Medicare supplement insurance at his/her expense
through the City's group health insurance carrier.
The City reserves the right to modify this section at any time consistent with the terms and
conditions of any applicable provisions of its personnel policies as they relate to other non-
union employees of the City. It is understood by the parties that the health insurance
provided to Roos shall be consistent with the applicable provisions of the City's personnel
policies, as amended.
7. Time Off and Other Benefits:
Roos 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, the City and Roos agree that Roos earned certain holiday
pay prior to the execution of this Agreement,pursuant to a collective bargaining agreement
known as a"Contract between the City of Canton, Illinois and Canton Fire Fighters,Local
1897,I.A.F.F.,A.F.F.I.,AFL/CIO(May 1,2021 —April 30,2024),"which is typically paid
to Roos in November of each year. The City and Roos agree that the City will pay Roos
forholidays he would have generally been paid for pursuant to said collective bargaining
agreement, which have taken place since November 1, 2021. The payment of this holiday
pay will take place in November 2022 and will be pro-rated to account for only the holiday
pay he would have received if he were a regular,full-time firefighter,rather than Fire Chief,
for the holidays he worked from November 1, 2021 through the effective date of this
Agreement.
8. Equipment:
Roos 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.
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"). Roos shall make any required employee contributions under the Firefighter's
Pension Fund pursuant to a reduction of his salary.
10. Outside Interests:
While employed by the City, Roos 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. Roos shall not engage in any non-City connected business or employment
without prior approval of the City Mayor.
11. Residency Requirement:
Roos shall at all times reside within a twenty-five (25) minute drive of the Canton Fire
Department as determined by Google Maps.
12. 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.
13. 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.
14. 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 Roos's employment must be filed and resolved in the Circuit Court
of Fulton County, Illinois.
15. 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.
16. Integrated Agreement:
There are no agreements, understandings, restrictions, warranties, or representations on
which Roos 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 Roos and the City. Furthermore, no future agreements,
understandings, restrictions, warranties, or representations may be relied upon by Roos,
unless they are set forth in writing and signed by the Mayor of the City.
Scott Roos The City of Canton
)441
: 'ent A. McDowell, Mayor
Date: June 7, 2022 Date: June 7,2022