Chief Cossette agreement

EMPLOYMENT AGREEMENT BETWEEN The CITY of MERIDEN And JEFFRY COSSETTE

THIS AGREEMENT, made and entered into this Z"/'t~ day of_ J _-_l _ _ _,____ 2019, by and between the City ofMeriden, acting through the City Manager, ereinafter 'Employer" or "City"), and Meriden Police Chief Jeffry Cossette, (hereinafter "Chief').

RECITALS

WHEREAS, Chief Cossette agrees to retire as the Police Chief of the City of Meriden, effective 31 July 2019.

WHEREAS, the City desires to re-employ the services of said Jeffiy Cossette as Interim Chief of the City of Meriden Police Department, (hereinafter "Department") as provided for in the Charter of the City of Meriden; and WHEREAS, it is the desire of the City to provide certain benefits, to establish certain conditions of employment and to set working conditions of the Chief; and WHEREAS, Jeffry Cossette desires to accept re-employment as Meriden Interim Police Chief with an effective date of 1 August 2019; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:

ARTICLE 1- EMPLOYMENT Section 1.1

.Employment

The City of Meriden hereby agrees to re-employ Jeffry Cossette as Interim Chief (hereinafter "Chief") of the City of Meriden Police Department to perform the function and duties of the Chief of Police for the City of Meriden upon his retirement from the position.

Section 1.2

Employment Duties and Responsibilities of the Chief

The Chief shall perform the functions and duties as specified in the City Charter, in the Job Description, and perfonn other related and appropriate duties and functions consistent and customary with said position.

The Chief shall be the Chief Administrative Off).cer of the City of Meriden Police Department. He shall be responsible to the City Manager for the proper administration of the affairs and the budget of the City of Meriden Police Department (hereinafter "Department"). llPage

The Chief shall devote his full time, energy and best efforts to the performance of his duties for the City.

The Chief shall provide advance notice to the City Manager whenever he will be traveling out of the area and when he will be unavailable. He shall be responsible to designate a sworn member of the Department as Acting Chief during his absence.

The Chiefs employment under this Agreement shall at all times be conditioned on his maintaining certification and meeting such other requirements for sworn police officers as may be set forth in State law or the Police Officer Standards and Training Council regulations or any successor thereto.

Section 1.3 Salary The City of Meriden shall compensate the Chief a salary of $132,815.74 (current salary), less any applicable state and federal taxes, etc. for the duration of this Agreement. The City may increase the Chiefs salary at its discretion and in the manner similar to the salary treatment of other Department Heads.

Section 1.4

Health Insurance

The Chief shall continue to remain on the City's health insurance plan as long as he is employed as Chief for the City of Meriden.

The Chief shall be eligible to receive the health insurance offered to retirees upon the conclusion of his employment as the Chief.

Sectionl.5

Retirement Benefits

The Chief agrees to waive any right to participation in the City of Meriden Police Pension Plan.

It is understood by all parties that the Chief will be receiving retirement benefits as a "retiree", and that this agreement in no way affects those rights and benefits. Accordingly, the Chief will no longer be required to contribute to the City of Meriden Pension Fund, and elects to waive the right to receive benefits under the retirement system of the City of Meriden, with respect to service on and after the date of rehire.

The Chief agrees to retire prior to the effective date of this agreement and will be entitled to receive full pension benefits during this Agreement. He shall not be entitled to receive any additional pension or retirement benefits, except those that he is entitled to as a retiree. However, the Chi-ef shall be eligible to receive the health insurance offered to retirees upon the conclusion of his employment as the Chief pursuant to this Agreement.

Upon his retirement, the Chief shall be entitled to receive his accrued time payout for all accrued paid time.

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Section 1.6 Automobile

The City shall provide the Chief with a vehicle for business and personal use in accordance with the policy.

The City shall pay the costs of operation, maintenance and repair for the vehicle. The Police Chief shall be responsible for maintaining any required records of use of the vehicle, and for any state or federal income tax, which he may be required to pay as the result of his personal use of the vehicle.

Section 1.7

Uniforms and Equipment

The City shall provide the Police Chief with equipment and unifonns and shall replace such as it deems necessary.

Section 1.8

Other Benefits

Life Insurance City shall provide and pay for at the option of the Police Chief with term life insurance in the amount up to one times the Chiefs annual salaiy, rounded up to the nearest thousand. The Police Chief shall have the sole right to determine beneficiaries under the terms of such policy. This shall apply only during the term of this agreement.

A.

B. Long Term Disability Insurance The Chief will continue to be enrolled in the City's Long Term Disability Plan. This shall apply only during the term of this agreement. This shall apply only during the term of this agreement.

C. Vacation -will accrue at 5 weeks per year. All vacation time is accrued monthly. The time should be used during the year that it is earned. This shall apply only during the tenn of this agreement. When the agreement term ends the Chief will be paid by the City for any unused vacation time per City policy.

D. Sick leave - will accrue at 15 days per year. Sick leave time is accrued monthly. There will be no payout of sick leave time upon separation.

E. Longevity - This position will not be eligible for Longevity.

F. Earned Days -This position is not eligible for "sick incentive" earned days.

G. Holidays -The following holidays will be observed as days off with pay.

New Year's Day Martin Luther King's Birthday Presidents' Day Good Friday Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day In addition, two additional "floating holidays" will be given effective January 1st of every year.

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Floating holidays must be used by December 31 and may not be rolled over and will not be paid out upon separation. Holiday pay as stipulated in the Pension.

H. The Chief shall participate in the City's defined contribution pension plan. The plan provisions may change from time to time, as such changes are agreed to for other plan participants.

Section 1.9 Hours of Work.

It is understood and agreed that the Chief is subject to call to respond as needed to carry out his responsibilities. The Chief shall devote all hours necessary to perform the duties of the position.

Section 1.10 Professional and Business Expenses A. Professional Development The City shall pay or reimburse the Chief for reasonable expenses for training, professional development, costs, and travel expenses incurred in connection therewith. The Chief shall be permitted to attend the annual International Chiefs of Police Conference to enhance his professional development at his expense.

B. Cell phone & Technology The Chief will keep his cell phone and laptop for business use. The City shall continue to pay all costs of the cell phone during employment. Limited personal use that does not incur additional cost to the City is permissible during employment. The Chief agrees to immediately discontinue use and return the cell phone & any other assigned technology upon separation of employment. The City shall cease making payments for the cell phone and/or other assigned technology as of the date of separation from employment.

C. Procurement Card The Chief shall keep his City Procurement Card for his use as authorized by the "City of Meriden Procurement Card Employment Agreement." The Chiefs right to use the City Procurement Card shall terminate upon the date of separation from employment.

Section 1.11

Indemnification

The City shall, in accordance with Gen. Stat. ยง7-465(a) defend, save hannless, and indemnify the Chief against any claim arising out of an alleged act or omission occurring in the performance of his duties as the Police Chief, to the extent provided by law.

Section 1.12 A.

Ten n of Agreement

Jeffry Cossette shall remain as Interim Police Chief after his retirement, through June 30, 2020. The tern1s of Agreement shall be effective the day after his effective retirement date.

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B.

By mutual agreement, the parties may tenninate this Agreement at any time.

C.

Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Chief to resign at any time from his position with the City, provided that he shall give the City of Meriden written notice of such resignation at least sixty (60) days in advance.

D.

This agreement shall be effective through June 30, 2020, after which the City of Meriden may elect to extend this Agreement or enter into a new Agreement.

E.

The Chief may be suspended without pay or terminated by the City of Meriden for just cause.

Any discharge of the Police Chief shall be in accordance with Section 7-278 of the General Statutes and this Agreement is not intended to limit his rights thereunder.

Section 1.13

Severance Benefits

In the event the Chiefs employment with the City of Meriden terminates for any reason, he shall not be compensated for accumulated sick leave.

The City of Meriden agrees to provide the Chief with benefits for any illnesses or injuries he sustains that are deemed to be covered by the Workers' Compensation Act in accordance with the same tenns and procedures applicable to other sworn members of the Police Department.

Section 1.14

General Provisions

A.

Nothing herein shall deprive the Chief of any rights he may have pursuant to Section 7-278 of the Connecticut General Statutes.

B.

This Agreement constitutes the sole, only, and entire agreement between the parties with respect to the Chiefs re-employment. This Agreement may be modified only by a written instrument executed by each of the parties. No person has any authority to make any representation or promise on behalf of any of the pa1iies not set forth herein, and this Agreement has not been executed in reliance upon any representation or promise except those contained herein. No waiver by any party of any breach of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach.

C.

This Agreement shall be construed and governed by the laws of the State of Connecticut.

D.

This Agreement shall be binding upon and inure to the benefit of the Chiefs heirs, assigns and beneficiaries at law.

E.

If any provisions, or any po1iion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall not be affected and shall remain in full force and effect.

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ARTICLE II -MISCELLANEOUS Section 2.1 Notices.

All notice required by this Agreement shall be in writing and shall be determined as sufficiently given if hand delivered, delivered by overnight delivery service, or mailed by registered or certified mail, return receipt requested, to the following address: If to the City of Meriden:

City Manager, City of Meriden Office of the City Manager City Hall 142 East Main Street Meriden, CT 06450

If to the Police Chief:

Jeffry Cossette c/o Meriden Police Department 50 West Main Street Meriden, CT 06451

Section 2.2 Waiver.

The waiver by either party of any breach or defaulter of any provision of this Agreement shall not operate as a waiver of any subsequent breach.

Section 2.3 Complete Agreement.

This Agreement and its attachments, if any, embodies the complete agreement and understanding between the parties and supersedes and pre-empts any prior understandings, agreements or representations by or between the parties, whether written or oral, which relate to the subject matter hereof in any way. Where this Agreement differs, this Agreement shall supersede Policy & Procedure.

Section 2.4 Construction and Interpretation.

Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other provision. This Agreement will be reformed and reconstructed, and enforced to the maximum extent possible, in such jurisdiction as if such invalid, illegal or unenforceable provision never had been contained herein.

Section 2.5 Counterparts.

This Agreement may be executed in separate counterparts, each of which is deemed to be an original and all of which, taken together, constitute one and the same Agreement.

Section 2.6 Amendments.

Any provisions of this Agreement may be amended only with the prior written consent of the City and the Chief. No verbal amendments to this Agreement shall be recognized.

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Section 2.7 Governing Law. This Agreement shall be interpreted under the laws of the State of Connecticut.

Section 2.8 Assignment.

This Agreement may not be assigned by any party hereto.

IN WITNESS THEREOF, the City of Meriden has caused this Agreement to be signed and executed in its behalf by its City Manager, and the Police Chief has signed and executed this Agreement, both in duplicate.

CITY OF MERIDEN

By:_~=---------==--------=::===---- - -

Timothy Coon City Manager, Duly authorized

Date:

_9---+-/ _'2.._'-_/_)_2-_o_;----1/,.______

JEFFRY COSSETTE

B~- ~~J~-~~Date:

- -~Z~}_2_4-'- - -/' - - - 2'"'--1.l. ._'7,.,.___

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