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HomeMy WebLinkAbout09262022 City Council Work Session Packet__________________________________________________________________________________________________________________________________________________________________________________________________________________________ City Council Meeting Agenda WORK SESSION Erickson Conference Room at City Hall 55 W. Tompkins Street September 26, 2022 Members of the public who would prefer to view Galesburg City Council meetings remotely, can view the council meetings on Comcast channel 7 or stream the meeting live on the City’s website. 5:30 p.m. Roll Call Pledge of Allegiance 22-2058 Resolution Appointment of Galesburg City Manager Presentation & Discussion Proposed Community Center Public Comment Adjournment ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: CSG Page 1 of 1 CITY OF GALESBURG COUNCIL LETTER SEPTEMBER 26, 2022 AGENDA ITEM: A Resolution Authorizing the Appointment of Gerald Smith as City Manager for the City of Galesburg SUMMARY RECOMMENDATION: A resolution appointing Gerald Smith as City Manager for the City of Galesburg is presented for council consideration. BACKGROUND: With the departure of Todd Thompson, the City Council engaged GovHR to conduct a nationwide search for Galesburg’s next City Manager. This process included three interviews with the City Council, as well as an interview with staff and community members. This resolution appoints Gerald Smith as the Galesburg City Manager within 30 days of approval of this resolution. The City Council may elect to extend the time period for appointment from 30 days to 45 days, upon request. The terms and conditions of his employment will be governed by the attached employment agreement. Mr. Smith’s compensation will include an annual salary of $165,000, a $400 per month car allowance and a one-time relocation assistance payment of $10,000. He will receive the same health and retirement benefits as other exempt employees of the City of Galesburg. BUDGET IMPACT: Sufficient funds are available in the 2022 budget. SUPPORTING DOCUMENTS: 1.Resolution 2.Contract 22-2058 RESOLUTION NO. _________________ A RESOLUTION AUTHORIZING THE APPOINTMENT OF GERALD SMITH AS CITY MANAGER FOR THE CITY OF GALESBURG WHEREAS, the City of Galesburg, Illinois, is a home rule unit of government pursuant to Section 6, Article VII of the Constitution of the State of Illinois; and WHEREAS, Article VII, Section 6(a) of the Illinois Constitution grants a home rule unit authority to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, Resolution 22-19 appointed Wayne Carl as Interim City Manager who has faithfully and diligently led the City of Galesburg during his interim tenure; and WHEREAS, the City Council conducted a nationwide search for candidates to be the next City Manager; and WHEREAS, after evaluation all candidates, the City Council deems it in the best interest of the City of Galesburg to appoint Gerald Smith as City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, ILLINOIS: SECTION ONE: The foregoing recitals are hereby incorporated into this Resolution as is fully set forth herein. SECTION TWO: That Gerald Smith shall be appointed City Manager, within 30 days of approval of this resolution, subject to the terms and conditions of an Employment Agreement, attached hereto as Exhibit A. The City Council may elect to extend the time period for appointment from 30 days to 45 days, upon request. SECTION THREE: That Interim City Manager Wayne Carl return to the position of Director of Public Works beginning on the first day Gerald Smith assumes the roles and responsibilities of City Manager. SECTION FOUR: This resolution shall be in full force and effect from and after its passage and approval, in the manner provided by law. Approved this ______day of ____________________, 2022, by roll call vote as follows: Roll Call #: Ayes: ______________________________________________________________________ Nays: ______________________________________________________________________ Absent: _____________________________________________________________________ Abstain: _____________________________________________________________________ _________________________________ Peter Schwartzman, Mayor ATTEST: ___________________________________ Kelli R. Bennewitz, City Clerk CITY OF GALESBURG, ILLINOIS EMPLOYMENT AGREEMENT The purpose of this Employment Agreement (“Agreement”) is to set forth certain matters of understanding between the City of Galesburg (“City”) an Illinois home rule municipal corporation and Gerald Smith (“Employee”) regarding the position of City Manager. SECTION 1. COMMENCEMENT DATE The term of this Agreement shall commence on the Effective Date and may be terminated at any time by the City, subject to the terms contained in Section 15 of the Agreement. Employee shall begin his employment within 30 days following approval of the employment agreement, however, an additional 15 days will be permitted, for a total of 45 days, upon approval by the City Council. SECTION 2. DUTIES AND RESPONSIBILITIES Employee will perform the functions and duties of City Manager as set forth in in Article 5 of the Illinois Municipal Code, Chapter 31 of the Galesburg City Code and perform all other legally permissible and proper duties and functions as the City Council shall from time to time assign. Employee shall be subject to all provisions set forth in the City of Galesburg Personnel Policy for Exempt & Non-Represented Personnel that are not in conflict with this Agreement. If there is a conflict between the Policy and this Agreement, then the provisions of this Agreement shall govern. SECTION 3. COMPENSATION The City agrees to pay the Employee, for his services rendered as City Manager, an annual base salary of one hundred sixty five thousand dollars ($165,000). Salary payments shall be made to the Employee on a bi-weekly basis and in accordance with the City’s standard payroll practices. The Employer will review Employee’s performance annually and determine the appropriate adjustment, if any, to be granted to employee. Employer shall make FICA, Medicare, and Illinois Municipal Retirement Fund (IMRF) contributions as required by law, for the benefit of the Employee subject to the same terms and conditions as exempt employees of the City of Galesburg. Employee shall be allowed to participate in the City’s 457(b) plans in which all City employees can participate. In addition, the City agrees to begin the process to establish a 401(a) – retirement savings plan, within 60 days of employment, via MissionSquare (formerly ICMA-RC) which will permit employee to contribute to the plan at the federal maximum contribution level for both employee and employer (made by employee), and the employee shall be fully vested in the Plan for all contributions into the plan. The City Council shall determine the final design and details of the 401 (a) plan that is established. The 401 (a) plan is conditioned upon verification that the plan as proposed, is permitted by State and Federal law and does not create an ongoing expense to the City. SECTION 4. HEALTH, DENTAL, VISION, DISABILITY AND LIFE INSURANCE BENEFITS The City agrees to provide health, dental, vision, and disability insurance benefits equal to that which is provided to all other exempt employees of the City of Galesburg. In addition, the City will provide the employee, at no cost to the employee, a term life insurance policy equal to three times the employee’s gross salary, subject to the approval of the City’s insurance carrier, and provided that the employee reimburses to the City the annual cost of said life insurance policy in excess of $693.00. SECTION 5. DRUG POLICY The Employee agrees that he shall be subject to the same drug and alcohol policy as all other exempt employees. SECTION 6. SICK AND VACATION LEAVE Employee shall be credited five days (40 hours) of sick leave time and ten days (80 hours) of vacation time available to the Employee for use upon commencing employment. Employee shall accrue sick time at an amount of 3.69 hours each pay period (96 hours per year) and shall earn vacation at an amount of 6.15 hours each pay period (160 hours per year). Starting on the employee’s second year of service, he shall earn vacation at an amount of 7.69 hours each pay period (200 hours per year). Employee shall be allowed to accumulate sick and vacation hours up to the maximum amount allowable for exempt employees. Employee shall receive four personal days (32 hours) per year prorated in the same manner as exempt employees. Employee will receive holiday leave consistent with the current City policy for exempt employees. SECTION 7. AUTOMOBILE / TECHNOLOGY City agrees to pay Employee $400.00 per month towards an automobile allowance. These payments shall be made to the Employee on a bi-weekly basis and in accordance with standard payroll practices. Employee is responsible for all insurance, maintenance and gasoline expenses pertaining to the vehicle. The automobile allowance will compensate the Employee for required business travel in lieu of a mileage reimbursement, unless travel outside of the state in excess of a four hour drive radius is required, then reimbursement is based on the personnel policy for reimbursement. The City also agrees to pay the cost of a cell phone for the employee (including the cost of the phone and the monthly service fees) to be used primarily for business purposes, provided that the Employee reimburse the City a fixed amount of $30.00 per month to cover the cost of any personal use of the cell phone. The City will also provide employee with a suitable laptop computer and iPad for Employee’s use during his term as City Manager. SECTION 8. WORK HOURS The City’s business and management affairs obligate the Employee to routinely work or represent the City beyond regular business hours or days. The Employee shall be paid no overtime or compensatory time for such work. It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the Employer, and to that end, Employee shall be allowed to establish an appropriate work schedule. In the absence of unusual circumstances, the Employee will be expected to attend all regular, special, and emergency meetings of the Galesburg City Council, unless excused from attendance by the Mayor and City Council. SECTION 9. PROFESSIONAL DEVELOPMENT The City will cover the employee’s membership dues in various professional associations, such as ICMA and ILCMA, and NFBPA, as well as usual and customary expenses to participate in job- related state, regional, and national workshops, seminars, and conferences. The City further agrees to budget a minimum of $6,500 per year for the employee to use for professional development activities. This budgetary commitment is conditioned upon the City’s ability to allocate such funding and will be subject to any across-the-board reduction of professional development funding by the City Council in the event that the City’s financial situation so dictates. SECTION 10. RESIDENCY Within six (6) months from the commencement of employment, Employee shall establish residency within the corporate limits of the City of Galesburg. Thereafter, Employee must maintain residence within the corporate limits during his tenure as City Manager. To assist Employee in this transition, the City shall provide employee with a one-time relocation assistance payment in the amount of ten thousand dollars ($10,000) payable once Employee establishes residency within the corporate limits of Galesburg. In the event Employee voluntarily vacates the position or terminates this Agreement within the first twelve (12) months of his employment, Employee shall be obligated to repay the City the lump sum relocation assistance payment within thirty (30) days following his resignation. SECTION 11. PERFORMANCE EVALUATIONS The City Council shall review and evaluate the performance of the Employee following his first six (6) months of employment, and on an annual basis thereafter. The review criteria and instrument shall be mutually agreed upon by City and Employee. The failure of the City to complete this evaluation shall not constitute a breach of this Agreement, provided that an evaluation is completed with thirty (30) days upon written request of the Employee. SECTION 12. OUTSIDE EMPLOYMENT The employment provided for by this Agreement shall be the Employee’s sole employment. However, teaching, outside of the role of City Manager, shall be permitted upon Council approval. SECTION 13. INDEMNIFICATION The City shall defend, save harmless and indemnify Employee, against any tort, professional liability claim or other demand or legal action arising out of an alleged act or omission occurring in the performance of the Employee’s duties as City Manager, provided that such alleged act or omission does not constitute intentional conduct or criminal conduct as set forth in state or federal law. The Employer shall have no responsibility for punitive damages assessed against Employee. SECTION 14. BONDING The City shall bear the cost of any fidelity or other bonds required of the Employee under any state or local law. SECTION 15. TERMINATION AND SEVERANCE PAY The Employee shall be appointed for an indefinite term and the Agreement shall automatically renew on an annual basis thereafter unless either party provides written notice to the other of their intention not to renew the Agreement. Either party shall give at least sixty (60) days written notice of its intention not to renew this Agreement to the other. At any time during this Agreement, a majority of the City Council may vote to terminate Employee. In the event the Employee is terminated without cause by the City Council during such time as he is willing and able to perform his duties under this Employment Agreement, then the City agrees to provide severance pay equal to twenty (20) weeks of annual salary payable on a bi-weekly basis and in accordance with standard payroll practices. Severance pay will only occur if Employee executes and delivers to the City a complete release agreement in form and substance reasonably acceptable to the City. Severance pay is applicable in the case of a non- renewal of the Agreement. However, if Employee is terminated because of: 1.Conviction of any felony or any illegal act involving personal gain to him; or 2.Conviction of any crime of moral turpitude; or 3.Violation of the City’s drug and alcohol policy; or 4.Abandonment of his position without cause attributable to the City; or 5.Willful misconduct or gross neglect of his duties and responsibilities as City Manager which has or is likely to result in material damage to the City; or 6.Willful violations of City policies of a serious nature, including, but not limited to the City’s Sexual Harassment Policy, workplace policies on violence or the City’s Non-Discrimination Policy; or 7.Any willful, knowing, or negligent misapplication or misuse, direct or indirect, which results in personal gain by the Employee of public or other funds or other property, real, personal or mixed, owned by or entrusted to the City, or any agency or corporation associated therewith by contract or historical relationship with the City. Then the City shall have no obligation to pay the severance sum designated in this Section. In the event the Employee is terminated by the City for one or more of the causes described above, Employee shall only be entitled to payout of accrued but unused vacation and personal time. Employee may resign from his employment at any time upon sixty (60) days written notice to City; such time may be shortened at the direction of the City Council. Employee shall be entitled to all leave payouts as are accorded to other exempt employees of the City at the time of such resignation. SECTION 16. GENERAL TERMS This Agreement constitutes the entire written agreement between the City and Employee and may be amended only by written agreement, signed by City and Employee. This Agreement shall inure to the benefit of the heirs at law and executors of Employee. If any provision of this Agreement is held invalid or unenforceable, the remainder will be unaffected. This Agreement was approved by the City Council on the ______, day of September, 2022. CITY MANAGER CITY OF GALESBURG, ILLINOIS, a municipal corporation Gerald Smith Peter Schwartzman, Mayor Date Date ATTEST Kelli Bennewitz, City Clerk Date