ScandiaKJC_AgreementCity of Scandia, Minnesota
Employment Agreement
This employment agreement (the "Agreement") is made effective as of day of
September, 2019, (the "Effective Date") by and between the City of Scandia, a municipal
corporation and political subdivision under the laws of the State of Minnesota ("Employer") and
Ken Cammilleri ("Employee").
RECITALS
A. Employer is a Minnesota municipal corporation and political subdivision with
administrative offices located at 14727 209`h Street, Scandia, Minnesota 55073.
B. Employer wishes to employ the Employee as its City Administrator in accordance with the
terms of this Agreement.
C. Employee desires to establish an employment relationship with Employer in accordance
with the terms and conditions of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,
including the recitals set forth above and the hiring of Employee, Employer and Employee agree
as follows:
POSITION AND DUTIES. Employer agrees to employ Employee as its City
Administrator. Employee agrees to serve as City Administrator in accordance with the job
description adopted by the Employer and attached hereto as Exhibit A, as modified from
time to time in the sole discretion of Employer. Employee agrees to devote Employee's
full time efforts to such employment to perform such other duties as determined from time
to time by Employer and to assist Employer in establishing goals and objectives for the
operation of Employer.
2. DURATION AND COMPENSATION.
a. Term. This agreement shall be in effect for the period beginning October 1, 2019,
(the "Commencement Date") and shall continue until terminated by Employer or
Employee as provided under "Termination" below.
b. Salary. Employer shall pay Employee a salary equivalent to $90,000 per year
beginning on the Commencement Date. Employer and Employee agree that initial
performance reviews will be conducted after 3, 6, 9, and 12 months. At the 12 -
month performance evaluation, Employer agrees to consider an increase in
compensation to Employee dependent upon the results of the performance
evaluation in accordance with Employer's adopted salary scale and step system.
Employer and Employee shall in good faith attempt to agree on an appropriate step
or merit increase for that year.
c. Hours of Work. It is understood the position of City Administrator requires
attendance at evening meetings and occasionally at weekend meetings. It is
understood by Employee that additional compensation and compensatory time shall
not be allowed for such additional expenditures of time. It is further understood
that Employee may absent himself from the office to a reasonable extent in
consideration of extraordinary time expenditures for evening and weekend
meetings at other than normal working hours.
d. Probationary Period. The six-month period from and after the Commencement
Date shall be deemed Employee's "Probationary Period" hereunder.
3. ADDITIONAL BENEFITS. In addition to the salary identified above, Employer may
provide Employee with some or all of the following benefits:
a. Pension Plan. Employer shall contribute to the Public Employees Retirement
Association ("PERA") pension plan to the extent required by Minnesota law for
Employee or to an alternate pension plan, if selected by Employee and authorized
by Minnesota law. In no event will Employer be required to contribute to more
than one such pension plan or to contribute more than the minimum required by
Minnesota law.
b. Personnel Policies. To the extent consistent with the spirit and intent of this
Agreement and except as otherwise provided herein, Employee has access to such
benefits as are made available to Employer's full-time employees by Employer's
Personnel Policy (the "Personnel Policies") including but not limited to policies
regarding paid time off (including accrual and payment on termination), vacations,
and holidays as adopted or modified from time to time by Employer. Employee
hereby agrees to be bound by and adhere to such Personnel Policies as adopted or
modified from time to time by Employer.
c. Paid Time Off ("PTO") Effective on the Commencement Date, Employee shall
establish his annual PTO pursuant to the Personnel Policies, or as Employer shall
determine in its sole discretion. As a new employee of the City, the Employee shall
be credited with 132 hours of PTO (16.5 days).
d. Relocation expense. Employer shall contribute up to $3,000 in relocation expense
reimbursement to be used toward actual, necessary moving expenses or a security
deposit for a rental unit and with proof of receipt.
e. Dues and Subscriptions. Employer shall budget and pay the professional dues and
subscriptions for Employee that are reasonable and necessary for Employee's
continued participation in national, regional, state, and local associations necessary
and desirable for Employee's continued professional participation, growth, and
advancement. Professional membership dues and conference attendance will
include the following organizations: International City/County Management
Association, Minnesota City/County Management Association, and League of
Minnesota Cities.
f. Professional Development. Employer shall budget and pay necessary and
reasonable registration, travel, and subsistence expenses of Employee for
professional and official travel, meetings, and occasions adequate to continue the
professional development of Employee and to enable reasonable participation in
official meetings and meetings of committees on which Employee serves as a
member. Employee shall use good judgment in his travel and involvement in
organizations so he will not neglect his primary duties to the Employer.
g. Civic Club Membership. Employer recognizes the desirability of representation in
and before local civic and other organizations. Employee is authorized to become
a member of such civic clubs or organizations at Employer's expense as deemed
appropriate by Employee and Employer. and
h. Automobile. Employee shall be paid mileage expense at the current Internal
Revenue Service approved rate for use of Employee's personal automobile for
Employer business, excluding travel between Employee's residence and
Employer's place of business. Employer will pay Employee's mileage expenses
when provided with appropriate documentation.
i. Holidays. Employer shall provide Employee the same holidays as enjoyed by other
non-union employees.
j. Insurance. Employer shall provide Employee the same group hospital, medical,
dental, life and disability insurance benefits as provided to other non-union
employees.
k. Cell Phone and Electronic Device. Employer shall provide Employee a cell phone
and electronic device for work purposes. Employee shall be authorized to utilize an
issued electronic device for personal business subject to applicable electronic use
policies afforded to all employees
1. Expenses. Employer shall reimburse Employee reasonable miscellaneous
job-related expenses, which it is anticipated Employee will incur from time to time,
when provided appropriate documentation.
4. PERFORMANCE REVIEWS.
a. Frequency. Employer and Employee agree that initial performance reviews will be
conducted after 3, 6, 9, and 12 months. Thereafter, Employer shall make every
effort to review and evaluate the performance of Employee at least once annually.
The review and evaluation shall be done in accordance with specific criteria
developed jointly by Employer and Employee, and as may be thereafter modified
by Employer.
5. TERMINATION.
a. By Employer. This Agreement may be terminated by Employer by written notice
to Employee at any time for any reason including for "just cause" as defined herein.
Such termination will be effective on the date Employee receives written notice of
termination.
b. By Employee. Employee may voluntarily terminate this Agreement at any time by
providing 60 days advance written notice to Employer. Employee shall not receive
Termination Benefits for his voluntary termination of this Agreement.
c. No Limitation. Employee acknowledges that his employment with Employer is "at
will". Nothing in this Agreement shall prevent, limit, or otherwise interfere with
the right of Employer to terminate the services of Employee at any time, for any
reason or for no reason, subject only to the provisions of this Agreement.
Furthermore, nothing in this Agreement shall prevent, limit, or otherwise interfere
with the right of Employee to resign at any time from his position with Employer,
subject only to the provisions of this Agreement.
d. Probationary Period. Employer may terminate Employee at any time during the
Probationary Period with or without "just cause" as defined herein and without the
payment of any Termination Benefits as defined herein.
e. Without Just Cause. Except as provided in the following Section, if the
Probationary Period has passed and Employer terminates Employee while
Employee is willing and able to perform the duties of City Administrator, Employer
agrees to pay Employee a lump sum payment equal to 3 months' salary (the
"Termination Benefits")-
f.
enefits").f. With Just Cause. In the event Employee is terminated for "just cause" as defined
herein, Employer shall have no obligation to pay the Termination Benefits.
g. Definition of "Just Cause." For purposes of this Agreement, `just cause" for
termination of Employee's employment relationship with Employer shall be
defined as any of the following:
(1) conduct sufficient to disqualify Employee from the receipt of benefits under
the Minnesota unemployment or re-employment compensation statutes;
(2) theft, dishonesty, excessive absenteeism, conviction of an illegal act,
insubordination, failure to follow the Personnel Policies, or any material breach
of this Agreement;
(3) performance of any job-related acts that endanger the property or personal
safety of Employee or any other person;
(4) Employee's inability to perform his duties hereunder for a continuous
period of six weeks or for an aggregate period of three months during any
consecutive 12 -month period without an approved leave of absence from
Employer;
(5) violation of any lawful official order of, or failure to obey any lawful
direction made and given by, the governing body of Employer, where such
violation or failure to obey amounts to an act of insubordination or a serious
breach of proper discipline, or has resulted or reasonably might be expected to
result in a loss or injury to Employer or to the public;
(6) insubordination or disgraceful conduct, whether occurring during the
performance of Employee's official duties or off-duty; or
(7) use of, threatened use of, or attempted use of political influence in securing
leaves of absence, transfers, or changes of job, pay or nature of work.
h. Without Notice. If Employer at any time during the employment term reduces the
salary or other financial benefits of Employee in a greater percentage than across-
the-board reduction for all non-union employees, or if Employer refuses, following
written notice, to comply with any other provisions of this Agreement benefiting
Employee or Employee resigns following a formal suggestion by Employer that he
resign, then Employee may, at his option, be deemed to be "terminated" on the
effective date of Employee's resignation and the Employee shall also be entitled to
receive the termination benefits set forth above.
6. INDEMNIFICATION. Employer shall defend and indemnify Employee to the extent
required by and subject to the limitations set forth in Minnesota Statutes, Sections 466.07
and 465.76, as amended.
7. NON -CIVIL SERVICE STATUS. It is expressly understood and agreed that Employee is
not being appointed or employed as City Administrator under any state or local civil service
laws, procedures, or regulations, and neither state nor local civil service laws, procedures,
or regulations apply to Employee's employment and tenure as City Administrator.
Employee expressly waives any coverage under any such laws procedures, or regulations.
8. ARBITRATION. Any dispute arising under or in any way relating to this Agreement shall
be resolved by final and binding arbitration before an arbitrator chosen by the mutual
agreement of the parties to this arbitration, or failing such agreement pursuant to the rules
of the American Arbitration Association. Without in any way limiting the authority
granted to arbitrators by the laws of the State of Minnesota, the decision of the arbitrator
on any matter relating to or arising out of this Agreement shall be final and binding on the
parties to such proceeding subject only to the grounds for challenge specifically
enumerated in Minnesota law. The parties to such arbitration proceeding shall each pay
one-half of the costs of the arbitrator and any fee charged by the American Arbitration
Association or like organization. Further, each party to such proceeding shall bear its own
respective costs and attorney's fees relating to such arbitration proceeding.
9. LEGAL COUNSEL DISCLOSURE. At the request of Employer and with the consent of
Employee, the law firm of Eckberg Lammers, P.C. (the "Law Firm") as the City Attorney
for Employer, has reviewed this Agreement and has agreed to render legal services in
connection with this Agreement. Employee recognizes that Employee's interest under this
Agreement may now or hereafter be adverse to or in conflict with the interest of Employer.
The Law Firm has disclosed to Employee that it is representing only Employer with respect
to this transaction and Employee has consented to such representation. Employee agrees
that at no time will such representation be construed, claimed, or deemed to be a conflict
of interest or violation of professional obligations to Employee by the Law Firm.
Employee acknowledges that Employee has been advised of Employee's individual right
to seek separate legal counsel because of potential conflicts of interest which exist or may
arise in the future with respect the transactions contemplated hereunder.
IN WITNESS WHEREOF, Employer has caused this Agreement to be signed and executed
on its behalf by its Mayor and Employee has signed this Agreement, in duplicate, the day and year
first above written.
I0u1U11ort"
CITY OF SCANDIA. MINNESOTA
M
Christine Maefsky, Mayor
EMPLOYEE:
Ken Cammill