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Res 1677 - S. Russell Emply Agr COUNCIL BILL NO. 2384 RESOLUTION NO. 1677 A RESOLUTION CONSENTING TO THE CITY ADMINISTRATOR'S APPOINTMENT OF SCOTT D. RUSSELL AS POLICE CHIEF AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT. WHEREAS, the Woodburn City Charter provides that the City Administrator shall appoint a Police Chief with the consent of the City Council; and WHEREAS, Scott D. Russell has previously held the position of Deputy Police Chief and is qualified for appointment as Police Chief; and WHEREAS, the City Administrator is willing to appoint Scott D. Russell Police Chief subject to the consent of the City Council; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That Scott D. Russell is appointed Police Chiefby the City Administrator effective July 1, 2002, and said appointment is hereby consented to by the City Council. Section 2. That the City Administrator is authorized to execute an employment agreement with Scott D. Russell. Approved as to form:cYl. ~ ((J't:::::) L/ - I ~ - 7- 0" 2- City Attorney Date Approved: ~ ~ Richard Jennings, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: April 22. 2002 April 29, 2002 April 29, 2002 April 29, 2002 ary nnant City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. 2384 RESOLUTION NO. 1677 or .. - T AGREEMENT Scott D. Russell City of Woodburn Chief of Police THIS AGREEMENT made and entered into on this 23rd day of April, 2002, by and between the City of Woodburn, an Oregon municipal corporation, hereinafter referred to as "City" and Scott D. Russell, referred to as "Russell", both of whom understand as follows: RECITALS 1. City desires to employ the services of Scott D. Russell as Police Chief of the City of Woodburn and to provide an inducement for him to remain in such employment. 2. City desires to provide certain benefits, establish certain conditions of employment, and to set working conditions of said Employee. 3. Russell desires to enter into this Agreement in order to provide for some security and provide for certain definite benefits to Russell. 4. Both parties understand and agree that the employment relationship created by this agreement constitutes at-will employment. 5. The City Administrator has authority to execute this Agreement on behalf of the City. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: 1. DUTIES. A. Chief of Police. The City agrees to employ Russell as the Chief of Police to perform the functions and duties specified in the job description, and perform other legally permissible duties as the City Administrator from time to time may assign. B. Outside Employment. This provision shall not restrict Russell from using vacation or personal leave for teaching, consulting or related activities, provided Page I-Employment Agreement-Russell r WE ... these activities do not conflict with regular duties of Russell. Russell shall receive permission in advance from the City Administrator to engage in these activities to insure that no conflicts exist. 2. TERMS. A. Duration and Effective Date. The term of this Agreement shall be from June 1, 2002 until June 30, 2005. B. At Will Employment. Both parties acknowledge and agree that Russell is considered to be an at will employee who may be terminated by the City with or without cause, pursuant to the terms of this Agreement. C. Extension of Agreement. The term of this Agreement may be extended by written consent of the parties for a period of time that is acceptable to both parties. If the parties decide to extend this Agreement, negotiations shall be commenced by December 31, 2004. 3. RESIGNATION. Nothing in this Agreement shall prevent, limit or otherwise interfere. with the right of Russell to resign at any time from this position with City subject to the provisions of the Agreement. In the event Russell voluntarily resigns this position with City before the expiration of the aforesaid term of employment, Russell shall give City a minimum of thirty (30) days written notice. 4. COMPENSATION. A. Salary. Effective June 1, 2002, the City agrees to pay Russell a salary of $6,548.00 per month, Step D of the City's established Police Chief salary range. Such salary shall be payable in installments at the same time as the regular employees of the City are paid. On June 1, 2003, after a finding of satisfactory performance by the City Administrator, Russell's monthly salary shall be increased to $6913.00. Each year thereafter, annually and based on a performance evaluation by the City Administrator, salary negotiations will be conducted which may result in a salary increase. Such increase shall be granted or denied solely on the basis of Russell's performance. A minimum pay differential of 17.5 % between the base salary range level for Deputy Chief and the salary level for Russell shall be maintained. Effective July 1, 2002, Russell shall also receive a 3 % cost of living adjustment. In each subsequent year Russell shall receive the same cost of living adjustment(s) as the Woodburn Police Association, police officer members. Cost of living adjustments, and pay Page2- Employment Agreement -Russell r I IT I increases granted after June 2002 will be computed on Russell's base salary. In the event this agreement is extended, and within thirty (30) days of each extension, a compensation study will be conducted comparing salary and city contributions for retirement, deferred compensation, and health insurance of comparable agencies. The comparable agencies are McMinnville, Forest Grove, Tualatin, Oregon City, The Dalles, Troutdale and Newberg. Upon completion of the compensation study the City Administrator and Russell will meet and develop a plan to make adjustments necessary to maintain Russell's comparability with Police Chiefs from the comparable agencies at the level in existence. Implementation of the plan will occur within (60) days of each extension. B. Health, Welfare, Deferred Compensation, and Retirement. Russell shall be entitled to receive the same holidays, vacation days, annual accrual, deferred compensation, and other fringe benefits and working conditions as other management employees of the City, as those benefits and conditions now exist. One Hundred Percent (100 %) of Russell's retirement contribution shall be paid or reimbursed by City. This is in addition to any other enumerated benefits, specifically set forth in this Agreement. C. Automobile. Russell shall receive the exclusive and unrestricted use of an automobile for professional, training and educational activities related to his employment by the City, which is a fully equipped, full size sedan, or comparable vehicle owned by the City. The City shall pay liability, property damage, and comprehensive insurance coverage, and for the operation (including fuels and lubricants), maintenance, and repair. The City agrees to allow Russell, at his option, to utilize a private vehicle for travel to Oregon Association of Chiefs of Police (OACP)- or Department of Public Safety Standards and Training (DPPST)-sponsored conferences and will provide reimbursement for business use of a private vehicle at the rate established in the City Personnel Manual. D. Dues, Subscriptions, and Professional Development. City agrees to budget and pay for the professional dues and subscriptions of Russell necessary for the continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for Russell's continued professional participation, growth and advancement. The City also agrees to budget for and pay the travel and subsistence expenses of Russell for professional and office travel, meetings, and occasions adequate to continue the professional development of Russell and pursue official functions for City as City deems appropriate, subject to budget constraints of City. Further, subject to Page3-Employment Agreement-Russell r I If , budget constraints of the City, City agrees to pay for the travel and subsistence expenses of Russell for short courses, institutes and seminars that are necessary for professional development. Such seminars may include but not limited to the FBI National Academy, annual International Association of Chiefs of Police conference, the Oregon Associations Chiefs of Police Conferences, the Annual International FBI National Association conferences and Oregon FBI National Association conferences. E. Cell Phone. Russell shall receive the exclusive and unrestricted use of a cell phone for professional activities related to his employment. The City will allow Russell incidental personal use of the cell phone in an amount not to exceed $10 per month. F. Education Reimbursement. Russell shall receive reimbursement for college tuition consistent with City Personnel Manual. 5. EXECUTIVE LEAVE. In lieu and in place of the administrative leave applicable to other management employees, Russell shall accrue ten (10) executive leave days per year. 6. PERFORMANCE EVALUATION. The City Administrator shall evaluate the performance of Russell at least once annually. The evaluation shall be in accordance with specific criteria developed jointly by the City Administrator and Russell. Further, the City Administrator shall provide Russell with a written statement of the findings of the evaluation process and provide an adequate opportunity for Russell to discuss the evaluation with the City Administrator. 7. TERMINATION AND SEVERANCE PAY. In the event Russell is terminated by the City before expiration of the term of his employment agreement and during such time that Russell is willing and able to perform the duties under this Agreement, the City shall pay Russell a lump sum cash payment equal to Four (4) months aggregate salary including deferred compensation and health insurance. Severance pay shall be paid within thirty (30) days of the date of termination. Page4-Employment Agreement-Russell r I .. 1 8. TERMINATION FOR CAUSE. If Employee is terminated during the term of this Agreement for cause, City shall have no obligation to pay the severance pay under this agreement. For the purposes of the Agreement, "cause" is defined as follows: A. Indictment for illegal act. If such indictment does not ultimately result in conviction, then Russell shall receive severance pay. If the indictment does ultimately result in a conviction, Russell shall not receive severance pay; or B. Abandonment bv Russell of his position as Chief of Police. C. The determination by City that Russell has been guilty of fraud, dishonesty or any other act of misconduct in performance of Russell's duties on behalf of Citv. Such determination by City shall be made in accordance with disciplinary and grievance procedures set forth in the adopted personal policies of the City in force and effect on the date of the alleged misconduct. 9. OTHER TERMS AND CONDITIONS OF EMPLOYMENT. City shall, by amendments to this Agreement, affix such other terms and conditions of employment from time to time as it may determine, relating to the performance of Russell with the agreement of Russell. The Personnel Manual of the City of Woodburn (the "Personnel Manual") shall apply to Russell except where specifically altered, changed or in conflict with the terms and conditions of this Agreement. Notwithstanding any language contained in the Personnel Manual to the contrary, the parties agree that Russell is an at will employee and that the City may terminate him consistent with the terms of this Agreement The terms and conditions set forth in this agreement and relevant provisions of the Personnel Manual of the City of Woodburn represents the complete and entire employment agreement between the City of Woodburn and Russell. All previous implied or expressed agreements are null and void. 10. PROFESSIONAL LIABILITY. City agrees to defend, hold harmless and indemnify Russell from all demands, claims, suits, actions, errors or other omissions in legal proceedings brought against Russell in his individual capacity or in his official capacity, provided the incident arose while Russell was acting within the scope of his employment. PageS-Employment Agreement-Russell r lIr-.r 'I 11. NOTICE Any notice required to be given under the terms and conditions of this Agreement, shall be given as follows: Scott D. Russell, Chief of Police 587 Hardcastle Avenue Woodburn, Oregon 97071 John Brown, City Administrator, City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 12. SEVERABILITY If any part, term, or provision of this Agreement is held by the courts to be illegal or in conflict with the laws of the State of Oregon, the validity of the remaining portions of the Agreement shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term of provision. IN WITNESS WHEREOF, the parties have executed this agreement in duplicate and affixed their signatures. CITY OF WOODBURN CHIEF OF POLICE John C. Brown, City Administrator Scott D. Russell Page6- Employment Agreement-Russell r ,. t