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Res 1545 - Appt Paul Null Chief COUNCIL BILL NO. 1981 RESOLUTION NO. 1545 A RESOLUTION CONSENTING TO THE CITY ADMINISTRATOR'S APPOINTMENT OF PAUL E. NULL AS POLICE CHIEF AND AUTHORIZING THE EXECUTION OF ANE~LOYMENTAGREE~NL WHEREAS, the Woodburn City Charter provides that the City Administrator shall appoint a Police Chief with the consent of the City Council; and WHEREAS, Paul E. Null has previously held the position of Police Lieutenant and is qualified for appointment as Police Chie~ and WHEREAS, the City Administrator is willing to appoint Paul E. Null as Police Chief subject to the consent of the City Council; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That Paul E. Null is appointed Police Chiefby the City Administrator effective August 1, 1999, 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 Paul E. Null. .. A 1/\ -:J J ~ / q '? Approved as to form;r) .ryl{r ~ T - I City Attorney Date I I Approved~ Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: ~ ~erinant City Recorder City of Woodburn, Oregon .lllly l? , lqqq July 13, 1999 .lllly 1 ~ , lqqq July 13, 1999 Page 1 - COUNCIL BILL NO. 1981 RESOLUTION NO. 1545 T .... AGREEMENT Paul E. Null City of Woodburn Chief of Police THIS AGREEMENT made and entered into on this 13th day of July, 1999, by and between the City of Woodburn, an Oregon municipal corporation, hereinafter referred to as "City" and Paul E. Null, referred to as "Null", both of whom understand as follows: RECITALS 1. Null is employed as the Chief of Police. 2. The City Administrator has authority to execute this Agreement on behalf of the City. 3. Null desires to enter into this Agreement in order to provide for some security and provide certain definite benefits to Null. The City desires to enter into this Agreement in order to clarify the nature of its employment relationship with Null and to induce Null to continue employment with 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 Null 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 Null from using vacation or personal leave for teaching, consulting or related activities, provided these activities do not conflict with regular duties of Null. Null shall receive permission in advance from the City Administrator to engage in these activities to insure that no conflicts exists. 2. TERMS A. Duration and Effective Date. The term of this Agreement shall be from August 1, 1999 until the 30lh day of June, 2002. B. At Will Employment. Both parties acknowledge and agree that Null 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. Exclusive Employment. Null agrees to remain in the exclusive employ of the City from the date of this Agreement, until the termination of the Agreement, including any extensions of the Agreement, Null shall neither accept other employment, nor become employed by any other employer until the termination date of the Agreement date of the Page 1 - Employment Agreement - Null . ... - Agreement, or until termination is effected as otherwise provided in this Agreement. D. Extention of Agreement. The term of this Agreement may be extended by written consent of the parties for a period oftime which is acceptable to both parties. If the parties decide to extend this Agreement, negotiations shall be commenced by December 31,2001. 3. RESIGNA TION. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Null to resign at any time from this position with City subject to the provisions of the Agreement. In the event Null voluntarily resigns this position with City before the expiration of the aforesaid term of employment, Null shall give City a minimum of thirty (30) days written notice. 4. COMPENSATION. A. Salary. Effective August 1, 1999, the City agrees to pay Null a salary of$5,678.00 per month, Step C ofthe City's established Police Chiefs salary range. On January 1, 2000, after a finding of satisfactory performance by the City Administrator, Null's montWy salary shall be increased to $5,962.00 per step Step D of the City's established Police Chief s salary range. In each subsequent year Null shall receive the same cost ofliving adjustment(s) and increased pay adjustment(s) as the Woodburn Police Association, police officer members. Effective August 1, 2000, and each subsequent year, Null shall receive a 5% pay increase. Cost ofliving increase, pay adjustments, and pay increases granted after July 1999 will be computed on a base figure, composed of both salary and deferred compensation. A minimum pay differential of 17.5% between the base salary range level for Deputy Chief and the salary range level for Null shall be maintained.. 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 Null will meet and develop a plan to make adjustments necessary to maintain Null'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. Null shall be entitled to receive the same retirement, holidays, vacation days, annual accrual, deferred compensation, and other fringe benefits and working conditions as they now exist. This is in addition to any other enumerated benefits, specifically set forth in this Agreement. C. Automobile. Null 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. Page 2 - Employment Agreement - Null . ~ rr -, D. Dues, Subscriptions, and ProCessional Development. City agrees to budget and pay for the professional dues and subscriptions of Null necessary for the continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for Null's continued professional participation, growth and advancement. The City also agrees to budget for and pay the travel and subsistence expenses of Null for professional and office travel, meetings, and occasions adequate to continue the professional development of Null and pursue official functions for City as City deems appropriate, subject to budget constraints of City. Further, subject to budget constraints of the City, City agrees to pay for the travel and subsistence expenses of Null for short courses, institutes and seminars that are necessary for professional development. Such seminars may include but not limited to the 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. Educational Reimbursement. Null 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, Null shall accrue ten (10) executive leave days per year. 6. PERFORMANCE EVALUATION. The City Administrator shall evaluate the performance of Null at least once annually. The evaluation shall be in accordance with specific criteria developed jointly by the City Administrator and Null. Further, the City Administrator shall provide Null with a summary written statement of the findings of the evaluation process provide an adequate opportunity for Null to discuss the evaluation with the City Administrator. 7. TERMINATION AND SEVERANCE PAY. In the event Null is terminated by the City before expiration of the term of his employment agreement and during such time that Null is willing and able to perform the duties under this Agreement, the City shall pay Null 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. 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 Null shall receive severance pay. If the indictment does ultimately result in a conviction, Null shall not receive severance pay~ or B. Abandonment by Null of his position as Chief of Police. C. The determination by City that Null has been guilty of fraud, dishonesty or any other act of misconduct in performance of Null's duties on behalf of City. Such determination Page 3 - Employment Agreement - Null I " 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 CONDmONS 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 Null with the agreement of Null. The Personnel Manual of the City of Woodburn (the "Personnel Manual") shall apply to Null 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 Null 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 Null. All previous implied or expressed agreements are null and void. 10. PROFESSIONAL LIABll.ITY. City agrees to defend, hold harmless and indemnifY Null from all demands, claims, suits, actions, errors or other omissions in legal proceedings brought against Null in his individual capacity or in his official capacity, provided the incident arose while Null was acting within the scope of his employment. 11. NOTICE. Any notice required to be given under the terms and conditions of this Agreement, shall be given as follows: City of Woodburn John Brown, City Administrator 270 Montgomery Street Woodburn, Oregon 97071 Paul E. Null, Chief of Police 310 JanaCourt Woodburn, Oregon 97071 12. SEVERABll.ITY. 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 ga~ i,~ Paul E. Null Page 4 - Employment Agreement - Null .