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Res 2017- 08 Kelly McCarthy Employment AgrCity of Mendota Heights Dakota County, Minnesota RESOLUTION 2017- 08 A RESOLUTION APPROVING AN EMPLOYMENT AGREEMENT WITH KELLY MCCARTHY WHEREAS, the City Council of the City of Mendota Heights, Dakota County, Minnesota, has appointed Kelly McCarthy to be Police Chief for the Mendota Heights Police Department, and affirmed this appointment on January 3, 2017; and WHEREAS, it is desired to specify the terms of her 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 Kelly McCarthy as a Police Chief be approved. Adopted by the City Council of the City of Mendota Heights this 3rd day of January, 2017. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: • !J . Lorri Smith, City Clerk CITY OF MENDOTA HEIGHTS EMPLOYMENT AGREEMENT KELLY MCCARTHY THIS AGREEMENT is made and entered into this 3rd day of January, 2017, by and between the CITY OF MENDOTA HEIGHTS, MINNESOTA, a municipal corporation, hereinafter referred to as the CITY, and Kelly McCarthy, hereinafter referred to as EMPLOYEE, to wit: WHEREAS, the CITY desires to employ the services of Kelly McCarthy as Police Chief for the Mendota Heights Police Department, as provided by the laws of the State of Minnesota and relevant ordinances of the City of Mendota Heights; and EMPLOYEE desires to continue in the employment of the City, and have a written agreement relative to the compensation, benefits, requirements, and procedures for the employment of the EMPLOYEE of the City of Mendota Heights. Although EMPLOYEE is not a member of the Minnesota Public Employees Association, Sergeants Unit, she generally receives the benefits provided to the members of the bargaining unit (see Section 8, below). These benefits and provisions contained in this Employment Agreement shall be in addition to those otherwise afforded to members of the Minnesota Public Employees Association, Sergeants Unit. 1. DUTIES — CITY hereby agrees to employ Kelly McCarthy at the position of Police Chief of said City, to perform the function and duties specified in that position'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. 2. COMPENSATION — Effective upon her date of employment until December 31, 2016, EMPLOYEE shall be compensated at an annual rate of $118,000.00 ("Salary"), which is Step "E" of Grade 43 of the 2017 Mendota Heights Employee Pay Classification Plan. Effective January 1, 2018, and thereafter, EMPLOYEE shall be entitled to annual cost of living raises at a rate equal to what is offered other non -contract employees of the City of Mendota Heights. 3. TERM OF EMPLOYMENT AGREEMENT -- Subject to the CITY's and EMPLOYEE's right of termination, below, this Employment Agreement shall be in effect from the date of approval by the Mendota Heights City Council, until June 30, 2018. 4. TERMINATION BY CITY — City has the right to terminate, with or without just cause, EMPLOYEE'S employment during the term of this Employment Agreement. (a) Termination without Cause. Should the City unilaterally terminate without just cause the employment of EMPLOYEE by majority vote of the City Council effective during the term or effective on the June 30, 2018, expiration date of this Employment 1 Agreement, it shall provide to the EMPLOYEE a notice of sixty (60) days, prior to the effective date of the termination. During this sixty day period, the City Council may choose to put the EMPLOYEE on paid administrative leave, or allow the EMPLOYEE to continue to perform duties assigned by the City. Upon the effective date of the termination, the CITY shall pay to the EMPLOYEE a lump sum cash payment equivalent to six months' salary, in addition to all of the employee's accumulated accrued leave time. During the sixty day notice period, and for the six month period associated with 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. (b) Termination for Just Cause. In the event EMPLOYEE is terminated for just cause, EMPLOYEE will not receive the sixty (60) day notice of termination or any lump sum cash payment, including pay for accumulated accrued leave time. "Just cause" shall be defined according to the usual and commonly accepted principles of labor law, and shall include but not be limited to malfeasance in office, gross misconduct, conviction for a felony, or conviction for an illegal act involving personal gain to employee. (c) Limitation. In no event will the amount paid to EMPLOYEE upon termination by the CITY exceed the amount permitted by applicable law. 5. TERMINATION BY EMPLOYEE—At such time as the EMPLOYEE chooses to terminate her employment with the City, the EMPLOYEE shall provide sixty days' notice of her intent to leave. 6. CITY VEHICLE --The CITY shall provide a City police vehicle for the use of the EMPLOYEE for commuting purposes, and for accessing police -work related job locations, during and after normal working hours. Said vehicles shall be equipped as an emergency response vehicle, including computer access to CJIN, and a police radio. 7. VACATION AND SICK LEAVE --EMPLOYEE shall be entitled to accrue paid vacation at the rate of 120 hours per year. 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. 8. 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 provisions of the agreement with the Minnesota Public Employees Association, Sergeants Unit. 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. 9. 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 2 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. 2017-a by the City Council of the City of Mendota Heights, Minnesota, on January 3, 2017. EMPLOYEE 17z( Kelly c artliy Date ATTEST: • , d, v Lorri Smith, City Clerk 1-4-aoi7 Date 3 CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor