Res 2015- 14 Approving Employment Agreement Mark McNeillCity of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 2015-14
A RESOLUTION APPROVING AN EMPLOYMENT AGREEMENT
WHEREAS, the City Council of the City of Mendota Heights, Dakota County,
Minnesota, at their January 29, 2015 City Council Special Meeting selected Mark McNeill to be
the City Administrator effective February 23, 2015, and
WHEREAS, it is desired to specify the terms of his employment with an Employment
Agreement.
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Mendota Heights, Minnesota that the Employment Agreement for hiring Mark McNeill as the
City Administrator be approved.
Adopted by the City Council of the City of Mendota Heights this 17a' day of February, 2015.
CITY COUNCTT,
CITY OF MENDOTA HEIGHTS
Sandra Krebsba • , ayor
ATTEST:
Lorri Smith, City Clerk
CITY OF MENDOTA HEIGHTS
CITY ADMINISTRATOR
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this 17t1i day of February, 2015 between the
CITY OF MENDOTA HEIGHTS, MINNESOTA, a municipal corporation, hereinafter referred to
as the CITY, and Mark McNeill, hereinafter referred to as EMPLOYEE, to wit:
WHEREAS, the CITY desires to employ the services of Mark McNeill as City
Administrator of the city as provided by the laws of the State of Minnesota and relevant ordinances
of the City of Mendota Heights; and EMPLOYEE desire to accept employment as the City
Administrator of the City, and to have a written agreement relative to the compensation, benefits,
requirements, and procedures for the employment of the EMPLOYEE as City Administrator of
the City of Mendota Heights.
1. DUTIES — CITY hereby agrees to employ Mark McNeill as City Administrator of
said City to perform the function and duties specified in the City Administrator's job description,
and to perform duties specified under the ordinances of the City of Mendota Heights and the laws
of the State of Minnesota and, such other legally permissible and proper duties and functions as
the City Council shall from time -to -time assign.
2. COMPENSATION — Effective upon his date of employment, EMPLOYEE shall
be compensated at an annual rate of $120,000.00 ("Salary"). Provided that EMPLOYEE is
satisfactorily performing his job duties, effective February 23, 2016, Salary paid to EMPLOYEE
shall increase to an annual rate of $122,500.00; Effective January 1, 2017, and thereafter,
EMPLOYEE shall be entitled to annual raises at a rate equal to what is offered other non-union
employees. City may choose to increase EMPLOYEE's salary based on performance, market
comparison, or other consideration.
3. PERFORMANCE EVALUATION — The City Council and EMPLOYEE agree that
an initial performance review will be conducted on EMPLOYEE after six (6) months and annually
thereafter. The criteria for review and evaluation shall be at the sole discretion of the City Council,
and may include criteria determined by the Council in consultation with the EMPLOYEE.
4. TERMINATION BY CITY — The CITY may, without notice and for any reason
deemed appropriate in the discretion of the City Council, unilaterally terminate the employment
of EMPLOYEE by majority vote of the City Council and shall pay to the EMPLOYEE a lump
sum cash payment according to the following schedule in addition to any accrued and unused
vacation and personal leave time:
1
Termination Date Severance
Before 1/1/2016
1/1/2016 to 12/31/2016
1/1/2017 to 12/31/2017
After 12/31/2017
3 months Salary
4 months Salary
5 months Salary
6 months Salary
For an amount of time equal to the lump sum cash payment, CITY shall continue to pay CITY
share of all benefits afforded in this agreement in effect at the time of termination. In consideration
for the payments provided in this Section 4, EMPLOYEE agrees to execute a release of any and
all claims against the CITY, at the time of termination, the release to be in such reasonable form
as prepared by the CITY.
In the event EMPLOYEE is terminated for just cause, EMPLOYEE will not receive any lump sum
cash payment or any accrued and unused vacation or personal leave time. In no event will amount
paid to EMPLOYEE upon termination by the CITY exceed the amount permitted by applicable
law. "Just cause" shall be defined as malfeasance in office, gross misconduct, conviction for a
felony, or conviction for an illegal act involving personal gain to employee.
5. TERMINATION BY EMPLOYEE: In the event EMPLOYEE voluntarily
terminates employment, he agrees to provide a forty-five (45) day advanced written notice. In
those circumstances, EMPLOYEE will be paid for his accrued vacation and personal leave time.
In no event will amount paid to EMPLOYEE upon termination by the EMPLOYEE exceed
the amount permitted by applicable law.
6. DEFERRED COMPENSATION/RETIREMENT PLAN — CITY shall contribute
to Minnesota Public Employee's Retirement Association (PERA) as required by State law for
EMPLOYEE or an alternate pension plan, if selected by EMPLOYEE, as authorized by State law.
As allowed by Minn. State. 353.028, if so elected by EMPLOYEE, the CITY shall execute all
necessary documents to allow EMPLOYEE the option for exclusion from coverage in (PERA),
and to participate in the International City Association Retirement Corporation (ICMA-RC).
Contributions by the CITY and EMPLOYEE to ICMA-RC shall be equivalent to those that are
required for participants in PERA.
7. AUTOMOBILE ALLOWANCE — Ownership of a private automobile and
current/valid driver's licensure is required of the employee as a condition of employment under
this contract. Employee will be compensated for automobile mileage and usage incurred on behalf
of City business at the rate of $200.00 per month pursuant to Minn. Stat. §471.665. Other expenses
incurred by employee as are authorized by the city council such as seminars, conferences, meals
and lodging incurred in pursuit of city business shall be reimbursed to the employee upon the
employee providing the receipts therefore to the City Finance Director. The amount of the
automobile allowance may be reviewed annually at the same time as the amount of the
EMPLOYEE's annual salary is considered.
8. INSURANCE CONSIDERATION
(a) CITY shall maintain in force insurance protection, including comprehensive general
liability and public officials' liability, which is applicable to all acts of EMPLOYEE arising from
employment as City Administrator of the CITY as long as those acts fall within the scope of
EMPLOYEE's duties.
(b) EMPLOYEE shall be entitled to participate in any group health and hospitalization, life
or any other type of insurance made available to non-union employees of the CITY at the same
level of benefit, cost, and CITY premium participation as is provided to other non-union
employees.
9. VACATION AND SICK LEAVE
(a) EMPLOYEE shall be entitled to paid vacation at the rate of 120 hours per year through
the end of February 2020. As of March 1, 2020, EMPLOYEE shall be entitled to paid vacation at
the same rate as now extended to non-union employees. Upon commencing employment,
EMPLOYEE shall be credited with 80 hours of paid vacation, 24 hours of personal leave, and 24
hours of extended disability leave.
(b) EMPLOYEE shall accrue and be entitled to use personal/extended disability leave as
now extended to other non-union employees.
10. HOLIDAYS — CITY shall provide EMPLOYEE the same holidays as enjoyed by
other non-union employees.
11. MEMBERSHIP DUES — The CITY agrees to budget and to pay the professional
dues and subscriptions of EMPLOYEE as the City Council determines to be necessary for his full
participation in associations and organizations necessary and desirable for his continues
professional growth and development. Specifically covered herein shall be EMPLOYEE's dues to
the International City Management Association, the Minnesota City Management Association and
the Metropolitan Area Management Association. All other payments for dues and subscriptions
must be approved in advance by the City Council.
12. CONFERENCES, TRAINING AND CONTINUING EDUCATION — CITY will
annually consider paying for the cost of registration, travel and subsistence for attendance at
national, State and local meetings of the International City Management Association, the
Minnesota City Management Association, the Metropolitan Area Manager's Association, the
League of Minnesota Cities and the Association of Metro Cities. CITY will annually consider
paying for the Effective Management Training coursework. Payment for attendance at all other
conferences, meetings, seminars, and any out of state travel shall be approved in advance by the
City Council. EMPLOYEE shall be eligible for participation in the CITY's Educational Incentive
Tuition Refund policy as included in Section 20 of the Personnel Code, Resolution No. 85-107.
13. OUTSIDE EMPLOYMENT/ACTIVITIES
(a) EMPLOYEE shall devote his full time and best efforts to the business and affairs of the
City, and except as hereinafter expressly stated, EMPLOYEE shall not accept any other
employment during the term of this Agreement.
(b) EMPLOYEE shall not spend more than 10 hours per week teaching, counseling, or
doing other non -City business, without first obtaining the City Council's approval.
14. GENERAL CONDITIONS OF EMPLOYMENT - In addition to the benefits
citied herein, the CITY shall provide the EMPLOYEE with any and all benefits that apply to other
non-union employees of the city. In the event of a conflict between the provisions of this
employment agreement and the CITY's Personnel Code, Resolution No. 85-107, or any other
personnel regulations or policy of the CITY, the terms of this Agreement shall prevail.
15. GENERAL PROVISIONS - This Agreement shall be governed by the laws of the
State of Minnesota. This document constitutes the entire agreement between the parties hereto. If
during the term of this Agreement any specific clause of the Agreement is determined to be illegal
by a judicial decision or binding Minnesota Attorney General Opinion, the remainder of this
Agreement shall not be affected by such a determination and shall remain in force. The parties will
meet to negotiate regarding an amendment to the Agreement to replace the provision declared
illegal. Failure of either party to insist, in any one or more instances, upon the performance of any
of the terms, covenants, or conditions of this EMPLOYMENT AGREEMENT or to exercise any
right hereunder, shall not be construed as a waiver or relinquishment of the future exercise of such
right, but the obligation of the other party with respect to such future performance shall continue
in full force and effect.
This agreement was reviewed and considered by the City Council and approved by Resolution
No. 2015-14 by the City Council of the City of Mendota Heights, Minnesota, on February 17,
2015.
EMPLOYEE
PcaLYIAAJA
Mark McNeill
Date
Lorri Smith, City Clerk
Date
IT
Sani
NDOTA HEIGHTS
a Krebsbach, ► ' . yor