Town of Berlin Employment Agreement
This Agreement is made and entered into this 15th day of May 2018, by and between the Town of Berlin, a municipal corporation within the County of Hartford and State of Connecticut (hereinafter called "Employer" or "Berlin") and Jack Healy, P.E. (hereinafter called "Employee"), both of whom agree as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of Employee as its Town Manager as provided by Chapter 5 of the Charter of the Town of Berlin, Connecticut (hereinafter sometimes referred to as the "Charter"); and WHEREAS, Berlin desires to receive the benefits of Employee's knowledge, experience, expertise and leadership; and WHEREAS, it is the desire of the Town Council to provide Employee certain salary and other benefits, establish certain conditions of employment and to set the Employee's duties and scope of responsibilities; and WHEREAS, Berlin also desires to provide a means for terminating Employee's services within the discretion of the Berlin Town Council in accordance with the Charter; and WHEREAS, Employee accepts employment as Town Manager upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements set forth, and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: Section 1: Term
This Agreement shall remain in full force and effect from the date hereof until terminated by the Employer or Employee as provided herein and in the Town Charter. Section 2: Duties and Authority
Employer agrees to employ Jack Healy, P.E. as Town Manager to perform the functions and duties specified in the Town of Berlin Charter and as otherwise imposed upon him by law or as assigned by the Town Council.
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Section 3: Compensation
A. Base Salary: Employer agrees to pay Employee an annual salary of One hundred forty thousand dollars ($140,000.00) payable in installments on the same payroll schedule that the other management employees of the Employer are paid. Any increase in Employee's salary is in the sole discretion of the Town Council. B. The Town Council will review and evaluate the performance of the Employee after the first six (6) months following the Effective Date of this Agreement and then annually in accordance with the specific criteria developed by the Council following consultation with the Employee. Employee shall be provided with a copy of any written statement or findings of the Council and provided with an adequate opportunity to discuss and respond to the Council in Executive Session. Section 4: Health, Disability and Life Insurance Benefits
The Employer agrees to provide the same short term and/or long-term disability coverage for the Employee that is provided for the Town's other top management employees. The Employer shall pay the amount of premium due for term life insurance and accidental death and dismemberment in the amount of two times the annualized salary as set forth in Section 3. The Employee shall name the beneficiary of the life insurance policy. The Employer agrees to provide the same health insurance coverage with the same premium contribution that it provides to other top management employees. Section 5: Leave, Holiday and Vacation Benefits
A. Employee shall be entitled to the same vacation time and policies as allowed to other top management positions with his seniority level including his tenure as Director of Public Works and Interim/Acting/Temporary Manager. All requests for vacation time shall be given in advance to the Mayor. The Employee shall be entitled to such paid holidays as set forth in Berlin's Policy Statement for top management positions. The Employee shall also be entitled to and subject to Berlin's bereavement policy and shall be entitled to and subject to Berlin's sick leave policy as each of such policies applies to top management employees.
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Section 6: Retirement
Employer shall execute the necessary agreement reasonably required to allow the Employee to enroll in the International City Management Association's (ICMA) Retirement Corporation Deferred Compensation Plan. Employer agrees to contribute an amount equal to ten (10) percent of Employee's annual salary to such plan for the period of active employment hereunder and employee is vested in the retirement plan. Employee will not be a member of the Town's Retirement Plan and shall not apply for or be eligible for membership at any time. Employee waives the right to apply for membership or participation in such plans to the full extent permitted by law. Employer agrees to make arrangements with ICMA-RC so that Employee may, at his sole discretion, contribute up to the legal limit in the 401 plan, the 457 Deferred Compensation Plan, and/or any other plans that may be approved in the future. The intent of this provision is to allow the Employee to make contributions with pre-tax earnings at no cost or expense or liability to the Town. Section 7: General Business Expenses
1. Up to the annually budgeted amount, the Town shall pay for all reasonable expenses incurred by Employee in the performance of his duties hereunder, including memberships in any professional associations for municipal administrators. 2. Up to the budgeted amount, the Town will reimburse the Employee for attendance at national and regional conferences of such organizations and attendance at seminars or other education programs necessary for the Employee's professional development and for the good of the Employer, up to an annual cost of five thousand dollars ($5,000.00). 3. Employee shall be provided with a cellular telephone for Town of Berlin business. The Town shall pay all costs of the cellular telephone. 4. Employee shall continue to be provided with a Town-owned or leased vehicle, as he was when he served as Employer's Director of Public Works. Section 8: Termination/Removal
The Employee serves at the pleasure of the Town Council and removal or termination shall be in accordance with the Section 5-2 of the Town Charter, as amended from time to time. By no later than twelve (12) months from the date hereof, Employee shall become a resident of the Town of Berlin. If Employee fails to become a resident of the Town of Berlin by no later than twelve (12) months hereof, the Town Council may, in its discretion, extend the date by which Employee must become a resident of Berlin or may terminate this Agreement in accordance with this 3
Agreement. For purposes of this Agreement and to avoid any ambiguity or dispute, "reside" and/or "resident" shall be defined as the Employee having a bodily presence in Berlin (in a place where Employee is physically located) for the term of this Agreement and where the usual conditions of household life exist. It is understood that residence does not mean "domicile" and Employee may have more than one residence without violating this Agreement. Employer understands that Employee is domiciled in Litchfield, Connecticut and Employee's residence in Litchfield shall be his domicile. Section 9: Severance
Severance shall be paid to the Employee when employment is removed or terminated as set forth in Section 8. In the event of such termination or removal while the Employee is ready, willing and able to perform the duties of Town Manager, the Town shall pay Employee severance pay from date of such termination in accordance with this Section. If Employee is terminated in the first year of service: four (4) months' severance; if the Employee is terminated in the second year of service: five (5) months' severance; if the Employee is terminated in or after the third year of service: six (6) months' severance pay. The Employee's term as Temporary, Acting and Interim Town Manager will be included in the calculation of his years of service for determining the amount of severance pay to which he is entitled. Severance shall be paid in a lump sum unless otherwise agreed to by the Employer and the Employee. Berlin will also provide Employee's disability and life insurance benefits as required by this Agreement until the earlier of (i) a maximum of the number of months to which he is entitled to as severance pay or (ii) until Employee has become employed by another employer with similar benefits. If Employee is terminated because of felonious conduct or an intentional
violation of the Town Charter or State Law or this Agreement, then the Employer is not obligated to pay severance pay or continue any other benefits under this section. Section 10: Resignation If the Employee voluntarily resigns his position for whatever reason with
the Employer, the Employee shall provide a minimum of thirty (30) days written notice to the Council unless the parties agree otherwise. Section 11: Hours of Work
Employee's work schedule shall include the normal business hours of Town 4
Hall, although it is recognized that the Employee must devote a substantial amount of time outside the normal office hours on business for the Employer. Section 12: Outside Activities
The employment provided for by this Agreement shall be the Employee's sole employment. Notwithstanding the foregoing, Employer acknowledges that Employee currently teaches at Naugatuck Valley Community College and may continue to do so without violating this Agreement. Section 13: Indemnification
Employer shall defend, hold harmless and indemnify Employee against all suits and legal actions, to the extent provided and authorized by the Connecticut General Statutes, arising out of the Employee's duties and performance as Town Manager. Section 14: Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 15: Other Terms and Conditions of Employment
Subject to the Employer's rights and the obligations of the Employee as set forth in Section 2 hereof, the Employer, following consultation with the Employee shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Berlin Town Charter or any other law. Section 16: Notices
Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: (I)
EMPLOYER: Berlin Mayor and Town Council.
(2)
EMPLOYEE: Jack Healy, P.E., _ _ _ _ _ _ __
Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice during transmission in the United States Postal Service.
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Section 17: General Provisions
A. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this agreement during the life of the Agreement. Such amendments shall be incorporated and made a part of this Agreement. B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest. C. Effective Date.
This Agreement shall become effective on May
2018.
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D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties after the expungement or judicial modification of the invalid prov1s10n.
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E. Context. When the context so requires, the masculine gender shall include the feminine and neuter, and vice-versa and the singular shall include the plural; and the plural, the sing u 1a r. ¡ F. Headings. The captions set forth in this Agreement at the beginning of the various Sections hereof are for convenience of reference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. G. This Agreement has been made and shall be enforced in accordance with the laws of the State of Connecticut. IN WITNESS WHEREOF, the Town of Berlin has caused this Agreement to be signed and executed on its behalfb its Mayor and Employee has signed and executed this Agreement as of the ate irst above written. IN:
Mark Kacz nski, Its Mayor, Duly Authorized y Town Council Resolution
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