HomeMy WebLinkAboutAgenda - City Council - 10/16/2013 `lam
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southburlington
VERMONT
AGENDA
Special Meeting
SOUTH BURLINGTON CITY COUNCIL
City Hall Conference Room
575 Dorset Street
SOUTH BURLINGTON, VERMONT
Special Meeting 6:15 PM Wednesday, October 16, 2013
1. Approve appointment of City Manager(6:15—6:20 PM)
2. ***Approve City Manager contract(6:20—6:30 PM)
3. Ad. 6. PM)
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in rn, I erim Ci y Manager
***Attachments Included
South Burlington City Council Meeting Participation Guidelines
City Council meetings are the only time we have to discuss and decide on City matters. We want to be as
open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly
and efficient meetings, we kindly request your cooperation and compliance with the following guidelines.
1. Please be respectful of each other(Council members, staff, and the public).
2. Please raise your hand to be recognized by the Chair. Once recognized please state your name and
address.
3. Please address the Chair and not other members of the public, staff, or presenters.
4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard
and there is sufficient time for the Council to conduct all the business on the agenda.
5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the
Council a second time.
6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard.
7. Please do not interrupt when others are speaking.
8. Please do not repeat the points made by others, except to briefly say whether you agree or disagree with
others views.
9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there
are other conversations occurring.
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October 11, 2013
Kevin Dorn
88 Beech Street
Essex Junction, VT 05452
Re: Offer of Employment
City Manager, South Burlington, Vermont
Dear Kevin,
I am writing on behalf of the South Burlington City Council to offer to you employment
in the position of City Manager, as provided for in the City of South Burlington Charter. The
specific terms of this offer are as follows:
1. Your term as City Manager will commence upon your acceptance of this offer and
the Council's ratification of this agreement at a regular or special Council meeting. Your term
as City Manager will be indefinite, except as otherwise provided in this agreement.
2. Your salary for the period October 1,2013-June 30, 2015 will be $115,000,per
annum. Your salary for the period commencing July 1,2015 will be determined by good faith
discussions between you and the Council, including,without limitation, review of your
performance, and our mutual agreement on a salary and or other terms and conditions of your
employment. In the event we do not agree on terms for your continued employment, we will
attempt, in good faith to agree on terms of separation.
3. The Council may terminate your employment at any time,without cause,upon such
written notice as it deems appropriate, setting forth in such notice the date on which you shall be
suspended from further performance of duties as Manager and the effective date of your
termination. Upon termination under this provision on or before June 30, 2014, you will be
provided a severance payment equal to three(3)months salary within thirty(30)days of the
effective date of your termination. Upon termination under this provision on or after July 1,
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2014,you will be provided a severance payment equal to six(6)months salary within thirty(30)
days of the effective date of your termination.
4. Section 906 of the South Burlington City Charter and 24 V.S.A. §1233 set forth the
rights and obligations of the Council and Manager in connection with termination of the
Manager's employment. The termination procedures and benefits set forth in paragraph 3 of this
agreement are offered as the sole and exclusive procedures and benefits available to you should
the Council decide to terminate your employment without cause. Your acceptance of this
agreement will signify that you have reviewed Section 906 of the South Burlington City Charter
and 24 V.S.A. §1233 and waive any procedural rights and benefits you have under such
provisions concerning termination without cause.
5. The Council may terminate your employment at any time for just cause,which term
shall be defined in accordance with Vermont law taking into consideration the interests of the
City. Prior to and in connection with termination under this provision, you will be provided all
due process rights granted under the US and Vermont constitutions, as well as the rights granted
by Section 906(b)of the South Burlington City Charter and 24 V.S.A. §1233.
6. The City will make an annual contribution to an ICMA 457b or 401a Deferred
Compensation/Pension plan equal to 10%of your salary,provided you make a minimum
contribution of 3%of your salary. The City's contribution will be in addition to your salary.
7. You will be awarded four(4)weeks of vacation on commencement of your term as
Manager,prorated on a fiscal year basis. On July 1,2014, and on each July 1st thereafter,you
will be awarded five(5) weeks of vacation. A week of vacation is the equivalent of five(5)
days. You may accrue vacation to a maximum of one hundred and four(104)days. Upon
separation for any reason other than termination for just cause, you will be paid for your accrued
vacation at a per diem rate determined as follows: annual salary divided by 260 days.
8. Dutiful performance of the responsibilities of City Manager routinely requires work
beyond what can be accomplished within a conventional eight(8)hour workday or forty(40)
hour workweek. Also, attendance at night meetings is an expected and required component of
the City Manager's responsibilities,though attendance may, on limited occasions, be excused for
significant cause, such as observance of religious holidays. The salary and other benefits
provided in this offer constitute the full monetary compensation to be paid by the City for your
performance of your required duties. It is expressly understood that additional compensation in
the form of compensatory time will not be provided.
9. You will be eligible to participate in the health insurance plan(s)offered other
City employees, on the same terms and conditions as other City employees. However, you may
choose to continue your enrollment in the State of Vermont plan available to you. Should you
choose to do so,the City will provide you a separate annual cash payment of$7,150 which will
be subject to customary payroll taxes. For the current fiscal year, you will be provided this
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payment within thirty(30)days of the effective date of this agreement,which amount will be
prorated for FY 2014. Continuation of this payment is subject to compliance with on-going
reforms in health care legislation.
10. You will accrue sick leave at the rate of 1.5 days per month, with the leave that
you will accrue during the first twenty(20)months of your term (30 days) being awarded to you
on commencement of your term as Manager. You may accumulate no more than seventy-five
(75)days of sick leave. Upon separation from employment during your first twenty(20)months,
the City will pay you based on the per diem rate set forth in Paragraph 7 above for unused sick
days determined as follows: completed months of employment, including October 2013,
multiplied by 1.5. Thereafter,the City will pay you based on the per diem rate set forth in
Paragraph 7 above for unused sick days.
11. The City will purchase for you and maintain in effect during your term as
Manager a five hundred thousand dollar($500,000)term life insurance policy if it can be
purchased under a group plan.
12. The City will pay your annual ICMA and VTCMA membership dues. It will also
pay for the reasonable costs of your attendance at one(1) ICMA and two (2) VTCMA
conferences annually. The City will pay for other conferences, seminars and meetings upon
review and approval by the Council. Generally anticipated costs are those for conference
registration,travel, lodging and meals.
13. The City will reimburse you for City-related travel you perform using your own
vehicle. Reimbursement will be provided at a rate established by the Council for such travel
performed by City employees.
14. You will, at your own expense,purchase a cell phone and maintain cell phone
service through a provider doing business in Vermont. You will make your cell phone number
available to City Council members and all City department heads. The City will provide you a
monthly cell phone "allowance" of$40.
15. The Council has adopted, and from time-to-time amends, Personnel Rules and
Regulations for City employees,the most recent revision being dated February,2009
("Regulations"). As a City employee, you will be subject to and have the benefits of the
Regulations. To the extent this offer is in conflict or inconsistent with the Regulations,the terms
of this offer shall control.
16. The Council has entered into and periodically renegotiates a Collective Bargaining
Agreement with its City Hall bargaining unit,the most recent version being for the period July 1,
2012 -June 30, 2015 ("Bargaining Agreement").Employees subject to the Bargaining
Agreement are provided identified insurance, retirement and health club benefits. To the extent
any such specific benefit contained in the Bargaining Agreement is not provided for or addressed
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by this offer, it will be available to you on the same terms it is available to members of the
bargaining unit.
This letter sets forth the full and complete terms of the Council's offer to employ you as
City Manager. Any matter, whether previously discussed or not between the Council and you,
that is not specifically contained in this letter is not part of this offer. If the terms of this offer are
acceptable to you, please sign on the line provided below and return the signed letter to me.
In closing, I can say that the Council is pleased to make this offer and looks forward to
continuing its work with you.
Sincerely,
Pam McKenzie, Chair
South Burlington City Council
ACCEPTANCE OF OFFER
I, Kevin Dorn, have reviewed and hereby accept the offer of employment set forth above
according to its stated terms and conditions.
Accepted this day of October, 2013.
Kevin Dorn
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575 Dorset Street South Burlington, VT 05403 tel 802.846.4017 fax 802.846.4101 www.sburl.com