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rufus nye employment agreement•j N EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this 19th day of March 1 1979, by and between the City of Salina, State of Kansas, a, amuTipal corporation, hereinafter called "City," as party of the first part, and Rufus LeRoy Nye, hereinafter called "Employee," as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, City desires to employ the services of said Rufus LeRoy Nye as City Manager of the City of Salina as provided by the City Charter, city ordinances, and applicable Kansas statutes; and WHEREAS, it is the desire of the City to provide certain benefits, establish certain conditions of employment, and to set working condi- tions of said Employee; and WHEREAS, it is the desire of the City to (1) secure and retain the services of "Employee" and to provide inducement for him to remain in such employment; (2) to make possible full work produc- tivity by assuring Employee's morale and peace of mind with respect to future security; (3) to act as a deterrent against malfeasance or dishonesty on the part of the Employee; and (4) to provide a just means for terminating Employee's services at such time as he may be unable fully to discharge his duties due to age or disability or when the City may desire to otherwise terminate his employ; and WHEREAS, Employee desires to accept employment as the City Manager of said City; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION 1: DUTIES A. The City of Salina hereby agrees to employ said Rufus LeRoy Nye as City Manager of said City to perform the functions and duties specified in the City Charter, city ordinances and applicable Kansas statutes to peform such other legally permissible and proper duties and functions as the City Commission shall from time to time assign. SECTION 2: TERM A. This Agreement shall become effective on the first day of employ- ment but no later than May 7, 1979, and shall remain in effect as long as Employee serves as City Manager, unless modified by mutual consent of the parties or terminated as hereinafter provided. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City to terminate the services of Employee at any time, subject only to the provisions of the City Charter -and applicable State statutes and as set forth in Section 3, paragraphs A and B of this Agreement. C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Employee to resign at any time from his position with the City after July 1, 1982, subject only to the provisions set forth in Section 3, paragraph B and Section 3, paragraph C of this Agreement. The term "employed" shall not be construed to include occasional teaching or writing performed on the Employee's time off. SECTION 3: TERMINATION AND PAY A. In the event Employee is terminated for any reason by the City during the term of employment, and said Employee is willing and able to perform the duties of City Manager, then in that event the City agrees to pay Employee a lump sum cash payment equal to 38% of the then current annual base salary; provided, however, that in the event Employee is terminated because of conviction of any illegal act, then in that event the City shall have no obliga- tion to pay the severance sum designated in this paragraph. B. In the event the City at any time during the employment term reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduc- tion for all City employees, or in the event the City refuses, following written notice, to comply with any other provision benefiting Employee herein, or the Employee resigns following a suggestion by the City that he resign, then in that event, Employee may at his option be deemed to be "terminated" at the date of such reduction or such refusal to comply within the mean- ing and context of the severance pay provision contained in Section 3, paragraph A of this Agreement. C. In the event Employee voluntarily resigns his position with the City, then Employee shall give the City two (2) months notice in advance. SECTION 4. BASE SALARY: COMPENSATION ADJUSTMENTS A. The City agrees to pay Employee for his services rendered pur- suant hereto an annual base salary of $40,000.00, payable in installments at the same time as other employees of the City are paid. B. In addition, the City Commission agrees to review compensation prior to, but not later than January 1, 1980, and every January 1 thereafter during the term of employment. - 2 - SECTION 5: HOURS OF WORK A. It is recognized the Employee must devote a great deal of his time outside normal office hours to business of the City and to that end Employee will be allowed to take compensatory time off as he shall deem appropriate. B. Employee shall not spend more than ten (10) hours per week in teaching or writing on other non -city connected business with- out the express prior approval of the City Commission. SECTION 6: AUTOMOBILE A. The City shall provide the exclusive use. City shall insurance and gasoline, an sedan. SECTION 7: MOVING EXPENSES Employee with an automobile for his be responsible for all maintenance, d automobile shall be a late model A. The City will pay directly for all expenses of packing and moving himself, his family, and their personal property from the City of Blaine, Minnesota, to the City of Salina, Kansas, which shall include travel, packing, unpacking, any storage costs necessary, insurance charges or any other moving related expenses. City will also pay necessary expenses for Employee and spouse for one trip to Salina to select home. SECTION 8: DUES AND SUBSCRIPTIONS A. The City agrees to budget and to pay the professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state and local associ- ations and organizations necessary and desirable for his contin- ued professional participation, growth and advancement, and for the good of the City. The above expenses will be budgeted for the ensuing year. SECTION 9: PROFESSIONAL DEVELOPMENT A. The City hereby agrees to budget and to pay the travel and sub- sistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the pro- fessional development of Employee and to adequately pursue necessary official and other functions for the City including, but not limited to, the Annual Conference of the International City Management Association, National League of Cities, Kansas Municipal League, City Manager's Association, and such other committees on which Employee serves as approved by the City Commission. - 3 - B. The City also agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his professional develop- ment and for the good of the City as approved by the City Commission. SECTION 10: GENERAL EXPENSES A. The City recognizes that certain expenses of a non -personal and generally job -affiliated nature are incurred by Employee and hereby agrees to reimburse or to pay said general expenses. SECTION 11: CIVIC CLUB MEMBERSHIP A. The City recognizes the desirability of representation in and before local civic and other organizations and Employee is authorized to become a member of such civic clubs or organiza- tions as deemed appropriate, provided the City will pay member- ship dues for one (1) said club selected by the Employee. SECTION 12: HEALTH INSURANCE A. The City agrees to provide hospitalization, surgical and com- prehensive medical insurance for Employee and his dependents and to pay the premiums thereon equal to that which is provided department head personnel. B. The City will provide Employee a long-term disability insurance plan with the waiting period of not more than 60 consecutive calendar days after the date of disability. The benefits will continue until the Employee reaches the age of sixty-five (65) and as long as the Employee remains totally disabled, with the annual premium not to exceed $800.00, to be borne by the City and to be paid by January 1 annually. The Employee will select the insurance carrier. SECTION 13: RETIREMENT: ICMA-RC PLAN A. The City agrees to adopt the ICMA-RC deferred compensation pro- gram and to allow Employee to participate fully in same. Employee shall have sole authority to determine the amount of base salary to be deposited in said ICMA-RC. However, the City shall not be required to match or otherwise contribute to said ICMA-RC. SECTION 14: OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. The City shall fix any such other terms and conditions of employ- ment as it may determine from time to time relating to the per- formance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter, or any other law. - 4 - B. All provisions of the City Charter and regulations and personnel rules of the City relating to vacation and sick leave, retire- ment and pension system contributions, holidays and other Employee benefits as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of the City in addition to said benefits enumerated specifically herein for the benefit of Employee except if they are in con- flict with the express provisions of this Agreement, in which cases this Agreement shall prevail. C. Upon the effective date of this Agreement, the Employee shall be entitled to three (3) weeks paid annual vacation leave, and the Friday following Thanksgiving, and twenty-four (24) working days paid sick leave. Three (3) weeks paid vacation leave shall accrue annually thereafter unless modified by the mutual consent of the parties hereto, and sick leave shall accumulate there- after at the same rate allowed other City employees. Upon termination, voluntary or otherwise, Employee shall be paid at the then current salary rate for all unused vacation leave, to a maximum of one year's accumulation, said payment shall be in addition to termination pay contained in Section 3, paragraph A of this Agreement. SECTION 15: EMPLOYEE EVALUATION A. The City Commission and Employee shall establish a mutually acceptable procedure for evaluating Employee's performance. SECTION 16: GENERAL PROVISIONS A. This Agreement shall be binding upon and inure to the benefit of the heirs, devisees, legatees and the administrators or executors of Employee. B. If any provisions or any portion thereof contained in this Agree- ment is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WHEREOF, the City of Salina, on a vote of its City Commission, has caused this Agreement to be signed and executed in its behalf by its Mayor and duly attested by its City Clerk, and the Employee has signed and executed this Agreement, both in dupli- cate, the day /and year first above written. /V g ' Q/L� XJ I WEI GE R, MAYOR CITY CLERK TY OF SAIANA CITY OF SALINA STATE OF SAS STATE OF KANSAS - 5 - APPROVED AS TO FORM: CITY ATTORNEY opy TO: Dept.. Head CITY OF SALIVA, KANSAS Employee... PERSONNEL ACTION FORM NAME Nye, Rufus L. ADDRESS 2601 Colonial Lane TELEPHONE NO. 5-6467 SOC. SEC. NO. 219-40-0207 DATE OF BIRTH 4/3/41 EFFECTIVE DATE February 22, 1981 DATE HIRED May 7, 1979 DATE OF LAST MERIT INCREASE OR PROMOTION May 7, 1979 DEPARTMENT EMPLOYEE NO. CLASSIFICATION STEP ANNUAL RATE MONTHLY RATE PER HOUR RATE LEAVE OF ABSENCE OTHER FROM TO City Mgr. 02-001 Unclassified Probationary Appointment Satisfactory Completion/Prob. Period Extension of Probationary Status Regular Full-time Employment Part-time/Temporary Appointment Unclassified Appointment Reclassification Transfer Promotion Merit Increase Cost of Living Increase Leave of Absence Demotion Suspension Dismissal Resignation Probationary Termination Lay off Disability Termination Retirement Death Denial of Merit Increase REMARKS SECTION Change from City providing City Manager with sedan, including gas, oil, maintenance, insurance, and so forth, to monthly car allowance of $300.00.; said amount adjusted annually based upon budget adjustment for similar allowance. APPROVAL SIGNATURES Recommended By Date Date Date Uepartment Head Approved By Date 3/9/81 -=_'Mayor Date Personnel Director N 1�1 � 0 M N U dd lL NZ�n O fn M G z M v a $ N y N J 0 to V N E d Go to O D Of Z M Lr C m LO V a LO a m`e N tpID E � QG d �(D LL � O z lJ IT N O 7M N t 0 � N C