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Agenda - Charter Commission - 05/05/2010
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Agenda - Charter Commission - 05/05/2010
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4/28/2010 1:39:33 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Charter Commission
Document Date
05/05/2010
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The I~erY reason a city may want to consider using an individual <br />employment agreement is for recruitment. Experienced city manager or <br />administrator candidates may refitse to work for a city without an <br />individual employmem agreement that outlines their terms and conditions <br />of employmen; particularly severance pay issues. There are a number of <br />reasons for this, but probably the one most often cited by these <br />professionals is that the relationship between a city council and the chief <br />administrative officer can change overtime, Each city council hires those <br />who will be able to work well with their individual styles and overall <br />philosophy for nrnning the city. However, the persons occupying those <br />council seats change at nearly every election. Overtime, the styles and <br />philosophy of the council changes and the relationship may no longer meet <br />council expectations. Employment agreements, in particular sevelattce pay <br />provisions, aclmowledge that this change in relationship is a reality of city <br />govemmett; is not the fault of atry party and provides the employee a <br />financial safety net for his or her postemployment trarssition. <br />z2 <br />1. Pros <br />There can be some advantages to an individual employment agreement <br />onu the city, in consultation with an attorney, decides such an agreement <br />is necxssary. For example, an individual employment agreemen; if well- <br />thought out and well-drafted, cats <br />• Help avoid miscommunication about verbal offers and krtns. <br />• Clarify special terms and conditionv of employment unique to the <br />position, such as car allowances, additional vacation or memberships in <br />professional associations. <br />• Protect the city's "fiomtnd" investment in the employee, such as <br />relocation expetnes, by specifying than the employee must reimburse <br />such expenses if he or she resigns within a certain period of time. <br />• Address severance issues up-front eliminating the need to negotiak a <br />settlement at the end of employmem, which may be an emotionally (or <br />politically) difficult time. <br />• Be used to specify how cad when performance evaluations will be <br />conducted as welt as outline, in general terms, the expectations for the <br />position. <br />• Assist in the recruitment of qualified candidaks. <br />• Help remove the appearance ofself-interest when the manager or <br />adminishator recommends changes to personnel policies. <br />2. Cons <br />In addition to potential legal issues, individual employment agreements <br />may cause other' problems: <br />ra~anataawamucmra <br />-56- <br />
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