HomeMy WebLinkAbout163321 ORDINANCE NO. 16,332
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4 AN ORDINANCE AUTHORIZING THE MAYOR TO
ENTER INTO A RELEASE AND TERMINATION
5 AGREEMENT WITH THE CITY MANAGER,
6 DECLARING AN EMERGENCY, AND FOR OTHER
7 PURPOSES.
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9 WHEREAS, the City Manager has previously negotiated a
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compensation package with the Board of Directors that
11 includes certain provisions creating a property right to
12 compensation; and
13 WHEREAS, the Board of Directors has met with the City
14 Manager in executive session to discuss the future of this
15 agreement; and
WHEREAS, as a result of this meeting it has been
16 mutually decided that the City Manager should resign, but
17 that this mutual agreement is not based upon any just cause
18 reason to terminate his employment; and
19 WHEREAS, in order to assure that all legal aspects of
the employment contract have been addressed it is important
20 to enter into a release and termination agreement.
21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
22 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
23 SECTION 1. The Mayor is authorized to enter into the
24 written release and termination agreement with the City
Manager, attached as Exhibit 1 to this ordinance, provided
25 this agreement is to become finally effective on January 2,
26 1993.
27 SECTION 2. The ability to quickly and efficiently
28 sever contractual relationships with a City Manager is
29 necessary to preserve the public health, safety and welfare
since it permits the Board of Directors to make other
30 arrangements for city management without concern about
31 outstanding claims concerning employment of the city
32 manager. This permits any interim or new city manager to
33 begin work on the problems of the city and not be caught up
34 in a discussion about the scope of the new manager's
authority. The agreement to release and terminate the
35 present city manager accomplishes this public goal. An
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emergency is therefore declared to exist and this ordinance
shall be in full force and effect from and after the date
of its execution.
PASSED: December 21, 1992
ICITY CLERK
APPROVED • ••
ATTORNEY THOMAS M. CARP
CITY
APPROVED:
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RELEASE
AND TERMINATION AGREEMENT
This Agreement is entered into this 21st day of
December, 1992, between the City of Little Rock, Arkansas,
through its duly authorized representative, Mayor Sharon
Priest ( "the City"), acting upon the authority of the Board
of Directors, and Thomas D. Dalton ( "Dalton ").
R E C I T A L S
WHEREAS, Dalton has previously negotiated a
compensation package with the Board of Directors that
includes certain provisions creating a property right to
compensation; and
WHEREAS, the Board of Directors has met with Dalton in
executive session to discuss the future of this agreement;
and
WHEREAS, as a result of this meeting it has been
mutually decided that Dalton will resign, but that this
mutual agreement is not based upon any just cause reason to
terminate his employment; and
WHEREAS, in order to assure that all legal aspects of
the employment contract have been addressed it is important
to enter into a release and termination agreement.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE
COVENANTS SET FORTH BELOW, THE PARTIES AGREE AS FOLLOWS:
1. Thomas D. Dalton will submit his resignation
immediately, effective on January 2, 1993, and will forever
relinquish any and all causes of actions of any nature
whatsoever that he may have against the City of Little Rock,
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the Mayor or members of the Board of Directors, any employee
or person working with, for, or on behalf of the City of
Little Rock, which arise out of Dalton's relationship as the
city manager.
2. The City shall pay Dalton a sum equal to six months
aggregate salary. This payment shall be made on January 2,
1993.
3. The City shall pay Dalton for all unused vacation
hours available to him as of the date of resignation. The
sum shall be paid as follows:
(a) The City shall deduct from the aggregate amount
due for unused vacation a sum equal to six
months premium payments for health insurance,
dental insurance, and vision insurance currently
available to all city employees not to exceed
$2,575.08; the amount deducted shall include
the amount necessary to pay dependent coverage
under these insurance policies. The deduction
shall be paid by the City to the appropriate
insurance companies on behalf of Dalton and his
dependents in accordance with all federal, state
and local laws and regulations.
(b) The City shall deduct from the aggregate amount
due for unused vacation, after deduction for
insurance payments set forth above, a sum equal
to one year's worth of retirement payments not
to exceed $7,500 to the program currently in
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place for Dalton with the International City
Manager's Association ( "ICMA ") not to exceed
$7,500; the amount deducted shall be paid by
the City to ICMA on behalf of Dalton in
accordance with all federal, state and local
laws and regulations.
(c) The City shall deduct from the aggregate amount
due for unused vacation, after deduction for
insurance payments and retirement payments set
forth above, a sum equal to one year's premium
for the term life insurance policy currently in
place for Dalton through the City; the amount
deducted shall be paid by the City to the
insurance company on behalf of Dalton in
accordance with all federal, state and local
laws and regulations.
(d) If any amounts are still available after the
deductions set forth in subparagraphs (a)
through (c), the balance from the aggregate
amount due for unused vacation shall be paid to
Dalton on January 2, 1993.
(e) If any amounts are necessary to meet the
obligations set forth in paragraph (a) through
(c), the balance shall be paid by Dalton to the
City for the payment of these obligations no
later than the date of payment of the salary
amount set forth in paragraph 2 above. If
additional amounts other than the sums available
from unused vacation reimbursements are
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obligations of
the obli
necessary to meet h g
subparagraphs (a) through (c) above, Dalton
retains the right to refuse to have the City
arrange for payment of any or all of these
items.
4. Dalton shall surrender to the City the automobile
provided for his use and enjoyment no later than January 2,
1993. The City shall be responsible for the condition of the
automobile except for any damage caused by the intentional
misconduct of Dalton.
5. Dalton agrees that if it is necessary for him to
appear in court, at an administrative hearing, or before any
other tribunal, as a result of work performed while serving
as city manager of the City, he will do so and waives the
necessity of subpoena, challenges to venue, or any other
challenge to process. In addition, Dalton agrees that the
expenses for such appearances, if called upon by the City to
testify, shall be limited to actual expenses as authorized
by City policy excluding expert witness fees.
6. The City and Dalton agree that this document
contains all the agreements between parties. Except for the
releases and payments set forth herein, there are no other
agreements between the parties. Further, that DALTON HAS HAD
THE OPPORTUNITY TO EMPLOY PRIVATE COUNSEL TO REVIEW AND
COMMENT UPON THIS DOCUMENT AND HAS EITHER REFUSED TO DO SO,
OR HAS DONE SO AND ENTERS INTO THIS AGREEMENT UPON THE
ADVICE OF INDEPENDENT COUNSEL.
7. All ambiguities in this document shall be resolved
in favor of the City of Little Rock.
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8. This document is being executed with an original
and several copies, any signed copy of which will be deemed
by the parties to constitute an original for purposes of
authentication or establishing relevancy in any court of law
or before any administrative tribunal.
WHEREUPON the parties have executed this agreement
this 552d day of December, 1992.
-s,m-as D. Dal��n Mayor Sharon Priest
Date: / �1- - - 902..
Attest:
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