10.d Employment Agreement for City AdministratorStaff Report
Date of Meeting: March 21, 2023
To: Mayor and City Council
From: Anne Hurlburt, Interim City Administrator
Re: Approve Employment Agreement with Kyle Morell to Serve as
City Administrator
Action Requested:
Approve the attached employment agreement with Kyle Morell to serve as Scandia's new City
Administrator.
Background:
At a special meeting on March 10, 2023 the City Council interviewed five finalists for the
position of City Administrator. The Council set parameters for an offer of employment and we
we (Charlene Steven of GovHRusa and I, with assistance from City Attorney Eric Larson)
negotiated the attached employment agreement, which has been accepted by Mr. Morell. If the
agreement is approved by the Council, Kyle will begin his position on April 17, 2023
As agreed, I will work with the new administrator for the first week or two of his tenure as
needed to ensure a smooth transition to new management.
Recommendations:
The Council should approve the agreement.
Attachment:
• Draft Employment Agreement with Exhibit A (Job Description)
City of Scandia, Minnesota
Employment Agreement
This employment agreement (the "Agreement") is made effective as of 215' day of March, 2023
(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 Kyle Morell
("Employee").
RECITALS
A. Employer is a Minnesota municipal corporation and political subdivision with
administrative offices located at 14727 209"' Street North, 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 April 17, 2023,
(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 $115,000 per year
beginning on the Commencement Date. Employer and Employee agree that
initial performance reviews will be conducted after 6 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
including any cost of living or general salary adjustments given to other
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employees. Employer and Employee shall in good faith attempt to agree on an
appropriate step or merit increase for that year.
c. Hours of Work. The City Administrator is an exempt salaried position. It is
understood that the position of City Administrator requires attendance at evening
and weekend meetings, including the regular monthly and any special meetings of
the Mayor and City Council. In recognition of these work demands, the Employee
shall be allowed to use reasonable flexibility in setting the Empinyee's office
schedule provided it does not interfere with performance of the Employee's duties
and that a reasonable office presence is maintained.
3. ADDITIONAL BENEFITS. In addition to the salary identified above, Employer may
provide Employee with some or all of the following benefits:
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.
Paid Time Off ("PTO).Effective on the Commencement Date, the Employee
shall be credited with 132 hours of PTO (16.5 days). In the first year of
employment, Employee shall accrue annual PTO at the schedule for an employee
with nine (9) years of completed service (192 hours of PTO or 24 days) pursuant
to the Personnel Policies. After 12 months, the Employee shall accrue annual PTO
at the schedule for an employee with 10 years of completed service. After 6 years
of service, the employee shall accrue annual PTO at the schedule for an employee
with 15 or more years of service.
d. 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.
e. Professional Develo ment. 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.
f. 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.
g. 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.
h. Holidays. Employer shall provide Employee the same holidays as enjoyed by
other non-union employees.
i. Insurance. Employer shall provide Employee the same group hospital, medical,
dental, life and disability insurance benefits as provided to other non-union
employees.
j. 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
k. Expenses. Employer shall reimburse Employee reasonable miscellaneous
jobrelated 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 6 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.
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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 30 days advance written notice to Employer. Employee shall not
receive Termination Benefits for his voluntary termination of this Agreement.
c. No Lunitation. 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. Without Just Cause, Except as provided in the following Section, if the
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 and 3 months'
health insurance benefits (the "Termination Benefits").
e. 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.
f. 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
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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.
g. 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.
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.
EMPLOYER:
CITY OF SCANDIA, MINNESOTA
LE
Christine Maefsky, Mayor
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EMPLOYEE:
Employment Agreement, Exhibit A
Approved by City Council December 20, 2022
City of Scandia, Minnesota
POSITION DESCRIPTION
TITLE: CITY ADMINISTRATOR
STATUS: Full -Time, FLSA Exempt
RESPONSIBLE TO: City Council
General Definition of Work
Performs professional and administrative work managing local government operations
and activities; ensuring adopted ordinances, resolutions and policies are implemented
and consistently applied, and performing related work as required. Work is performed
under general supervision of the City Council. Supervision is exercised over all staff.
Qualification Requirements
To perform this job successfully, an individual must be able to perform each essential
function satisfactorily. The requirements listed below are representative of the
knowledge, skill, and/or ability required. Reasonable accommodations may be made to
enable individuals with disabilities to perform the essential functions.
ESSENTIAL FUNCTIONS:
General Administrator Duties
1. Directs agenda and minute preparation for City Council and appointed
committees, and directs staff to ensure implementation of adopted policies and
direction.
2. Coordinates staff training.
3. Works with the City Council to coordinate the establishment and implementation
of strategic and long-range plans.
4. Prepares and submits a proposed budget to the City Council for its approval;
administers the budget and provides financial reports to the Council.
5. Reviews and prepares written reports and recommendations for the City Council
and various committees and commissions.
6. Meets with various citizen groups or individual citizens; responds to requests for
information; handles complaints.
7. Provides recommendations to the City Council on the employment, discipline and
removal of all employees.
8. Supervises employees; establishes and communicates performance
expectations; coaches and develops staff; and regularly evaluates staff
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Employment Agreement, Exhibit A
performance to ensure accountability.
9. Develops and administers human resource policies, a compensation plan and
employee benefits.
10. Participates in collective bargaining negotiations and administers labor
agreements.
11. Oversees and administers the City's workplace accident and injury reduction
(AWAIR) program and drug & alcohol testing programs.
12. Serves as primary designated representative for public data requests and
provides oversite to the City's record's retention process as prescribed by City
policy and state law.
13. Reviews, develops and implements administrative rules, policies and procedures.
14. Coordinates and manages consultant service agreements for contracted
functions and special projects.
15. Serves as staff support and secretary for select assigned committees.
16.Attends all City Council and Planning Commission meetings.
17. Serves as the City's Public Relations Officer; oversees the publication and
communication of agency activities and community events for the advancement
of transparency.
18. Assists the City Council with maintaining productive and healthy
intergovernmental relations.
19. Provides general administrative oversite of the operation of Sewer Utilities.
20. Serves as the Executive Director and secretary to the Scandia Economic
Development Authority.
21. Performs related tasks and or supervision as required.
Planning and Zoning Administration
1. Responds to questions from residents and developers regarding zoning and land
use regulations.
2. Serves in the capacity of Zoning Administrator with the City Planner.
3. Assists with assuring implementation of the City's Comprehensive Plan.
Code Enforcement
1. Receive, investigate and document complaints regarding ordinance violations,
including property maintenance, construction and other land -use activities.
2. Coordinate among the City Attorney, City Prosecutor, and the Sheriffs Office to
determine a course of action regarding violations that are not resolved through
the City's warning procedures.
Chief Finance Officer Duties
1. Oversees organizational financial activities and administers financial policies
including the maintenance of the general ledger, accounts payable, accounts
receivable, utility billing; required financial reporting, and the investment and
security of funds in accordance with City policy and state law
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Employment Agreement, Exhibit A
KNOWLEDGE, SKILLS AND ABILITIES:
1. Comprehensive knowledge of the principles and practices of public administration;
thorough knowledge of municipal finance practices.
2. Thorough knowledge of the laws, ordinances and regulations applicable to local
government.
3. Ability to express thoughts effectively orally and in clear and concise reports,
memoranda, directives and letters.
4. Ability to analyze complex problems and develop comprehensive plans from
general instructions
5. Ability to meet the public and to discuss problems and complaints.
6. Ability to establish and maintain effective working relationships with elected
officials, staff, appointed members of committees and commissions, volunteers,
and the public.
7. Ability to plan and direct the work of operating departments.
EDUCATION AND EXPERIENCE:
Graduation from an accredited college or university with a BA (MA preferred) in public
administration or related field or equivalent combination of education and experience, and
a minimum of five years administrative experience in local government.
PHYSICAL REQUIREMENTS:
This is sedentary work requiring the exertion of up to 10 pounds of force occasionally, and
a negligible amount of force frequently or constantly to move objects; work requires
fingering, grasping, and repetitive motions; vocal communication is required for
expressing or exchanging ideas by means of the spoken word, and conveying detailed or
important instructions to others accurately, loudly, or quickly; hearing is required to
perceive information at normal spoken word levels, and to receive detailed information
through oral communications and/or to make fine distinctions in sound; visual acuity is
required for preparing and analyzing written or computer data, determining the accuracy
and thoroughness of work, and observing general surroundings and activities; the worker
is not subject to adverse environmental conditions.
SPECIAL REQUIREMENTS: Possession of a driver's license valid in the State of
Minnesota.
SUPERVISION OF OTHERS: Supervision is exercised over all staff.
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