HomeMy WebLinkAbout92- Wysocki Employment Agreement, City Manager EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this 27th day of January 1982
by and between the CITY OF BOZEMAN, a municipal corporation with offices at 411 East
Main Street,Bozeman,Montana,hereinafter referred to as "City"and JAMES E.WYSOCKI,
415 K0nrrom/, Bozeman, K8omtuna, hereinafter referred tu as "Employee".
WHEREAS,the City wishes to retain the services of Employee as City Manager
of the City of Bozeman; and
WHEREAS, the City and Employee desire um provide for certain procedures,
benefits and requirements regarding the employment nfEmployee by the City; and
WHEREAS, Employee wishes to continue employment as City Manager of said
City under the terms and conditions cited herein:
WITNESSETH :
IN CONSIDERATION of the mutual covenants and agreements herein contained,
the parties hereto agree as follows:
1. Duties.
The City agrees to employ James E. Wysocki authe City Manager ofthe City
of Bozeman tu perform all duties auspecified by law and ordinance, and to perform such
other proper duties oo assigned by the Bozeman City Commission. Employee warrants that
he will perform such duties with the highest degree ofskill and judgment in accordance
with accepted standards for the profession.
2. Salary.
The annual salary of the Employee shall be Fifty-four Thousand Six Hundred
Tvvokm and no/1OOOo||am ($54,612.00), effective January 1, 1992 through December
31, 1982. Said salary shall be paid ono monthly basis, at the rate nf Four Thousand Five
Hundred Fifty-one and nu/10U Dollars($4,G51.00). Onur before December 3l, |SB2,and
upon each anniversary of employment thereafter, the City Commission abaH review
Employee's salary and determine his annual oo|mry for the prospective year.
3.
u.
Employee's term cf employment under this A8,ewmq,x
be from January 1' 1gg2 through June 30\ 1384.
b. Nothing in this Agreement shall prevent, limit orotherwise
interfere with the right of the City Commission 0zterminate
the services of Employee at any time either for the City's
convenience or for the default of the Employee,mpoyee' oubject
only to the provisions not forth in Section 4 of this
Agreement.
C. Nothing in this Agreement shall prevent, limit orotherwise
interfere with the right of Employee to resign at any time
from his position with the City, subject only to the
provisions set forth in Section 5 of this Agreement.
4. lermination by Ci .
The City may terminate the employment of Employee by giving written notice
of termination to employee by certified or registered mail, return receipt requested. In the
event the City terminates such employment having given Employee less than four (4)
months' notice, the Employee shall bo entitled to receive four (4) months' severance pay
beginning on the date he receives such notice plus payment for all earned vacation and
ono-fourth of all sick |novo earned to said date. Compensation for time actually worked
by the Employee after such receipt shall be deducted from the four (4) months' pay. Any
such compensation shall bn payable within thirty (3O) days after Employee's receipt of
initial written notice. In the event Employee in terminated because of his conviction of any
fo|nniuou mot, then the City shall have no obligation to pay any such severance pay.
5. .
Employee may terminate his employment with the City by giving written notice
of termination to the City by certified or registered mail, return receipt requested. In the
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event of such termination, Employee ohoU not be entitled to receive any severance pay.
Except, however,Employee shall be entitled to receive accrued vacation and the applicable
portion of sick leave accumulations to effective date of resignation in accordance with
City's employment policy.
G. Performance Reviews.
The City shall conduct a review of Employee's performance at six-month
intervals, approximately at the middle and end of each calendar year.
7. Deferred QomRen§ajij2n.
The City agrees to contribute an amount equal to ten percent (1096) of
Employee's annual uu|ory to the International City YWonagernomt /\oonciadnn (|CMA>
Rmdrmmnan1 Annuity Program in which Employee in enrolled.
8. Automobile Use.
The City shall provide the Employee with an automobile to be available for his
use on City business trips. In addition, the Employee will be oonnpunoutnd at the rate of
Two Hundred Twenty-five Dollars ($225.00) per month for use of his personal vehicle for
the purpose of conducting City business in the city.
8. Insurance.cove '
o, The City nheU provide full group medical/surgical hospital
insurance and dental insurance for Employee and his
dependents as provide for other City employees.
b. The City shall provide Employee with term life insurance
in the amount of Two Hundred Fifty Thousand Dollars
($250,000.00).
G. The City shall provide Employee with disability insurance
ouvonago not to oxomad the amount nfone-half of the
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nounih|y rate of pay through the International City
Management Association.
10. Vacation and Sick Leave.
The Employee ohoU accrue vacation and sick leave mt the same rate as other
City employees.
The Employee shall be given the opportunity to participate in the supplemental
retirement program, through the conversion of unused m|ok leave balance, which is
available to all other City employees.
11. .
The City shall provide the Employee with reasonable time off from normal
duties as compensation for extended mfOuo hours and evening meetings.
12. ConferenGes. Trgining and Education.
o. The City shall pay Employee's membership dues for the
following associations:
1. International City K8onaOannent
Association
2. Greater Open Spaces City Management
Association
b. The Employee shall be reimbursed in accordance with
Commission Resolution Nn. 2731, or its successor
resolution, for the cost of attending the annual meeting of
the |CKXA or NLC each year and one other in-state
association conference per year.
13. General Conditions of Empipymen '
[n addition to the benefits cited herein, the City shall provide the Employee
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with any and all benefits that apply to other employees.
14. Review of Aureemen .
This Agreement shall be reviewed by the parties in December 1992 and each
December thereafter. No changes, amendments or modifications uf any of the terms and
conditions hereof shall be valid unless reduced to vv,b|ng.
15. Applicable Law.
This Agreement uhd/ be governed in all respects by the |amm of the State of
Montana.
This Agreement supersedes and replaces the original Employment Agreement
between the City and Employee, dated the 1st day otFebruary 1984; Addendunn0o. 1,
dated the 4th day ufFebruary 1985> Addendum No. 2, dated the 8th day of December
1985; the Employment Agreement dated the 28th day of December 1987; the
Employment Agreement dated the 9th day of January 188S; the Employment Agreement
dated the 11 th day of December 1989; and the Employment Agreement dated the 7th day
of January 1881.
|N WITNESS WHEREOF, the parties hereto have caused this Agreement tobm
executed, in duplicate, the day and year first above written.
THE CITY 8FBOZEMAN
By Its mayor/
ATTEST:
2"'Oa��
Clerk of the Commission
EMPLOYEE
C�Q ,�Q �L
Ja?nes E. Wysocki
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