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
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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