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HomeMy WebLinkAboutResolution #4039 RESOLUTION NO 4039 A RESOLUTION APPROVING A EMPLOYMENT AGREEMENT WITH NANCY L.RABEL AND THE CITY OF CANTON AND DIRECTING THE MAYOR TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON,ILLINOIS. WHEREAS, the Negotiations, Grievance & Personnel Committee of the City of Canton has determined that it is necessary and in the best interests of the City of Canton to enter into an employment agreement with Nancy L Rabel, for the position of City Attorney, as set forth in Exhibit "A" attached hereto and incorporated herein; and WHEREAS,the City Council of the City of Canton has made a similar determination. 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 15th day of October, 2013 upon a roll call vote as follows: AYES: Aldermen Pasley, Lovell, Ellis,Justin Nelson, Pickel,Jim Nelson, Putrich, West NAYS: None ABSENT: None APPROVED: aelf. Fri , or ATT' D • Pavley-' •ck, City lerk EMPLOYMENT AGREEMENT FOR CITY ATTORNEY THIS EMPLOYMENT AGREEMENT ("Agreement") is hereby made this 15th day of September, 2013, by and between the City of Canton, Fulton County, Illinois ("City") and Nancy L. Rabel ("Rabel"). RECITALS WHEREAS, the City wishes to employ Rabel for the office of City Attorney; and WHEREAS, Rabel wishes to serve in the position of City Attorney. 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 employment shall be from its execution date and continue until April 30, 2017, unless it is terminated earlier pursuant to the provisions of Paragraphs 9, 22, or 23 of the Agreement. Rabel understands that she must be reappointed annually by the Mayor and in the event she is not, it will be treated as a termination without cause. 2. City Attorney duties: During the period of employment herein described, Rabel shall perform the duties of City Attorney as set out in the applicable statutes of the State of Illinois, 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 Rabel. 3. Hours of Work: The parties realize the position of City Attorney requires the person holding such position to work many weekends, evenings, and other irregular hours. It is understood and agreed that Rabel shall work whatever hours maybe necessary in order for her to fulfill the requirements of the position of City Attorney, but in no even less than forty(40)hours per week, unless approved by the Mayor. 4. Salary. Rabel shall receive annual compensation for the period commencing July 27, 2013 and ending on April 30, 2014, the amount of ninety thousand dollars ($90,000.00), and annually thereafter, unless increased by the approval of the Mayor and City Council. 5. Performance Evaluation: The Mayor and city Council shall review and evaluate the performance of Rabel at least once annually in advance of the adoption of the annual operating budget and the annual appointment of Rabel. 6. Vacation Pay: Rabel shall be entitled to twenty-five (25) days (two hundred (200) hours) of vacation per year, starting with the date of her hiring and every year thereafter on the anniversary of her hiring. 7. Holidays: Rabel shall receive the same paid holidays and personal days as are afforded to other non-union City employees. 8. Sick Leave: After sixty (60) days of service, Rabel shall earn one-half(1/2) day of sick leave per month to a maximum of five (5) sick days. Any or all of the five (5) sick days not used during the fiscal year may be carried over to the next year. Rabel may accrue up to a total of ninety (90) days. Payment for such accumulation of not more than sixty (60) days shall be made upon termination of employment, except in cases of just cause discharge for disciplinary reasons, in which case no payment for accumulated leave will be made. 9. Disability Termination: Notwithstanding anything in this Agreement to the contrary and to the extent allowed by applicable law, the city is hereby given the option to terminate Rabel's employment in the event that Rabel is no longer able to perform the essential functions of her job due to a serious health condition or physical or mental disability, and will be unable to perform such essential functions even with a reasonable accommodation or following a reasonable leave of absence (up to 90 days). Such option shall be exercised by the City giving notice to Rabel by registered mail, addressed to her at her place of residence, or at such other address as Rabel shall designate in writing. On the giving of such notice, her employment shall terminate on the last day of the month in which the notice is so mailed. 10. Professional and Civic Expense: The City shall pay Rabel's dues to the Illinois State Bar Association, the American Bar Association, and the Fulton County Bar Association, as well as her annual licensing fees to the Illinois Attorney Registration & Disciplinary Commission. The City agrees to reimburse Rabel for reasonable expenses associated with continuing education courses and annual conferences of said Associations. Rabel shall be reimbursed for other business expenses in accordance with the budget and as approved by the Mayor and City Council. 11. Office Equipment: The City shall provide standard office equipment for Rabel's use. 12. Group Medical & Life Insurance Benefits: Rabel shall be entitled to the medical and life insurance benefits that the City provides to other non-union employees. 13. Eligibility for Benefits Afforded Other City Employees: unless specified otherwise in this Agreement, Rabel shall receive the same employment benefits as are provided to other non-union City employees. 14. Renewal. The City and Rabel may meet to discuss the renewal of this Agreement at any time during its term. 15. Amendments. All attempted amendments of this Agreement shall be ineffective unless reduced to writing and signed by all parties. 16. Effects. This Agreement shall be binding upon each of the parties hereto and their respective successors, assigns or heirs, as the case may be. 17. Governing Law. This Employment 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. 18. Indemnification. To the extent provided for by applicable law, the City shall save harmless, and indemnify Rabel against any tort, professional liability or other claim or demand or any other legal action, whether groundless or otherwise, arising out of an alleged act of omission to act arising out of or from the performance of Rabel's duties as City Attorney. The City shall defend (including the right to select legal counsel), compromise or settle any such claim, demand or suit and pay the amount of any settlement or judgment rendered thereon against Rabel which is not based upon the illegal, bad faith, malicious or willful and wanton conduct of Rabel, including the payment of reasonable attorney's fees and costs incurred in the defense, compromise or settlement of such claim, demand or judgment. This indemnification by the City shall not include punitive damages, unless otherwise allowed by law. In order to be eligible for indemnification by the City, Rabel must inform the City of any claim or demand made against him within ten (10) days of her receipt of the claim or demand. Notwithstanding any provision in this Agreement to the contrary, Rabel shall cooperate fully with the City during the course of any such investigation, administration, or litigation of any and all claims, complaints, demands, or suits. 19. 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 Rabel under this Agreement shall cease upon the termination of her employment with the City as City Attorney. CITY OF CANTON,FULTON COUNTY, ILLINOIS By -12-0ea yor ATTE` ■ amity Clerk )(tAVV.. T (X4J ().anc L. Rabel