Loading...
HomeMy WebLinkAboutRESOLUTION NO. 2024-90RESOLUTION NO. 2024-90 A RESOLUTION APPROVING AN EMPLOYMENT AGREEMENT WITH DUSTIN STAMBAUGH FOR CITY ADMINISTRATOR WHEREAS, the City of Fairfax has completed a search for a City Administrator; and WHEREAS, the City Council of the City of Fairfax, Iowa, has offered the position to Dustin Stambaugh and drafted an Employment Agreement for this position; and WHEREAS, Dustin Stambaugh made some revisions to the Employment Agreement and has accepted the employment offer by signing the revised Agreement; and NOW, THEREFORE, BE IT RESOLVED, the City of Fairfax approves the revised Employment Agreement and hires Dustin Stambaugh as the City of Fairfax's City Administrator, with a start date of January 6, 2025. BE IT FURTHER RESOLVED, by the Fairfax City Council the Mayor is hereby authorized to sign the Employment Agreement. BE IT FURTHER RESOLVED, by the Fairfax City Council of the City of Fairfax, Iowa, the Mayor and City Clerk/Treasurer are hereby authorized and directed to execute said Resolution. Passed and approved this 19th day of November, 2024. AYES: Nurre, Daly, Wozniak, Volk, and Wainwright NAYS: None � �z�a�- ��.�.�---Q--�'-�-` Jo Ann Beer, Mayor ATTEST: � C nthia Stimson, City Clerk/Treasurer ;rt, .��. �5 a � � � � ry � CITY OF FAIRFAX EMPLOYMENT AGREEMENT INTRODUCTION This Employment Contract made and entered into this 19th day of November, 2024 by and between the City of Fairfax, Linn County, Iowa, (hereinafter referred to as "Employer") and Dustin Stambaugh, an individual (hereinafter referred to as "Employee"), both whom agree as follows: SECTION 1: TERM A. This Agreement shall remain in full force and effect from January 6, 2025, until terminated by the Employer or Employee as provided in Section 11, 12, or 13 of this agreement. SECTION 2: DUTIES AND AUTHORITY A. Ernployer agrees to einploy Dustin Merle Stambaugh as City Administrator to perform the functions and duties specified in Chapter 21 of the City of Fairfax, Iowa, Code of Ordinances and to perform other legally permissible and proper duties and functions. B. Employee is the chief executive officer of the Employer and shall faithfully perform the duties as prescribed in the City of Fairfax City Administrator's job descriptio» and as may be lawfully assigned by the Employer and shall comply with all lawful governing body directives, State of Iowa Code, US Federal Code, City of Fairfax Code of Ordinances, the Code of Ethics of the International City/County Management Association, as well as the Employer's policies and rules as they exist or may hereafter be amended. C. It shall also be the duty of the Employee to oversee, supervise, and direct all employees and evaluate all of the Department Heads of the Employer consistent with policies, ordinances, charter, state and federal law. D. It shall also be the duty of the Employee to work with the Department Heads to establish internal regulations, rules and procedures which are deemed necessary for the ef�cient and effective operation of the Employer consistent with the lawful directives, policies, ordinances, state and federal law. E. It shall also be the duty of the Employee to accept all resignations of employees of the Employer consistent with the policies, ordinances, state and federal law, except the Employee`s resignation which must be accepted by the governing body. 1 F. The Employee shall perform the duties of City of Fairfax City Administrator of the Employer with reasonable care, diligence, skill and expertise. G. All duties assigned to the Employee by the governing body shall be appropriate to and consistent with the professional role and responsibility of the Employee. H. The Employee cannot be reassigned from the position of City of Fairfax City Administrator to another position without the Employee's express written consent. I. The Employee or designee shall attend, and shall be permitted to attend, all meetings of the City Council, both public and closed, with the exception of those closed meetings devoted to the subject of this Agreement if permitted by law. J. The governing body, individually and collectively, shall refer in a tiinely manner all substantive criticisms, complaints and suggestions called to their attention to the Employee for study and/or appropriate action. SECTION 3: COMPENSATION A. Base Salary: Employer agrees to pay Employee an annual base salary of $100,000, payable in installments at the same time the other employees of the Employer are paid. B. This agreement shall be automatically ainended to reflect any salary adjustments that are provided or required by the Employer's compensation policies to include all salary adjustments on the basis of job performance and budgetary considerations. C. In addition, consideration shall be given on an annual basis to a salary adjustment based on economic indicators, such as the Consumer Price Index. SECTION 4: HEALTH, DISABILITY AND LIFE INSURANCE BENEFITS A. The Employer agrees to provide and to pay the premiums for coinprehensive medical, vision, dental, AD&D, life, and short-term disability insurance for the Employee. B. The Employee may choose to add a spouse or dependents to these policies based on the criteria in the City of Fairfax Personnel Policy. C. The Employee shall pay through payroll deduction for any policies they choose to obtain from AFLAC, Colonial Life, and/or Globe Life or any such company. 2 SECTION 5: PAID LEAVE A. Upon commencing employment, the Employee shall be credited with 40 accrued sick leave hours and 120 accrued vacation leave hours. B. In addition, beginning the first day of employment, Employee shall accrue all available types of leave and be paid for the listed holidays on an annual basis as outlined in the City of Fairfax Personnel Policy, starting the Employee with the status of a 7-year employee for the purposes of calculating vacation accrual in the future. SECTION 6: RETIREMENT A. The Employer shall be offered to participate in the Iowa Public Employees Retirement System (IPERS), a defined benefit plan or to Mission Square Retirement Plan. The Employee's and the City's regulai- contribution rates are set by the State of lowa and the Employer would contribute the same amount towards the Employee's retirement as is required to be contributed under IPERS should the Employee choose to participate in Mission Square versus IPERS. SECTION 7: AUTOMOBILE A. The Employer agrees to pay to the Employee, during the term of this Agreement and in addition to other salary and benefits herein provided, the sum of $3,600 per year, payable monthly, as a vehicle allowance to be used to purchase, lease, or own, operate and maintain a vehicle. The monthly allowance amount shall be reviewed and adjusted annually to such extent as the Employer may determine that it is desirable to do so. B. The Employee shall be responsible for paying for liability, property damage, and comprehensive insurance coverage upon such vehicle and shall further be responsible for all expenses attendant to the purchase, operation, maintenance, repair, and regu[ar replacement of said vehicle. C. The Employer shall reimburse the Employee at the IRS standard mileage rate for any business use of the vehicle beyond the greater Fairfax, Iowa, area. For purposes of this Section, use of the car within the greater Fairfax, Iowa, area is defined as travel to locations within a 50-mile radius of the local government limits. 3 SECTION 8: ELECTRONIC DEVICES A. The Employee may choose to use their personal smart phone (with texting and data) or the Employer will supply one. Use of their personal smart phone will follow the provisions as outlined in the City of Fairfax Personnel Policy. B. Recognizing the importance of constant communication and maximum productivity, Employer shall provide Employee a laptop computer wi�h the needed software for business use. SECTION 9: GENERAL BUSINESS EXPENSES A. The Employer agrees to pay the professional dues and subscriptions of the Employee as mutually agreeable necessary and desirable for continued professional participation, growth, and advancement, and for the good of the City of Fairfax as outlined in the Ciiy of Fairfax Personnel Policy. B. The Einployer agrees to pay for reasonable travel expenses (beyond the 50-mile greater Fairfax area) of the Employee as mutually agreeable necessary and desirable for continued professional participation, growth, and advancement, and for the good of the City of Fairfax as outlined in the City of Fairfax Personnel Policy. C. The Einployer agrees to pay for reasonable continued education, seminar, webinar, and conference expenses of the Employee as mutually agreeable necessary and desirable for continued professional participation, growth, and advancement, and for the good of the City of Fairfax as outlined in the City of Fairfax Personnel Policy. D. The Employer acknowledges the value of having Employee participate and be directly involved in local civic clubs or organizations. Accordingly, Employer shall pay for the reasonable membership fees and/or dues to enable the Employee to become an active member in local Fairfax civic clubs or organizations. SECTION 10: PERFORMANCE EVALUATION A. Employer shall review the performance of the Employee at 90-days of employment. The evaluation shall include the opportunity for both parties to discuss the goals and objectives of the time period. 0 B. Employer shall annually review the performance of the Employee. The annual evaluation shall include the opportunity for both parties to discuss the goals and objectives of the last twelve (12) months as well as the goals and objectives for the upcoming twelve (12) months. C. Unless requested in writing by the Employee, the annual performance review shall be held in open City Council meeting as required by Iowa Code. If the Employee requests the meeting to be closed, the City of Fairfax shall follow all applicable state law governing closed sessions. SECTION 11: TERMINATION A. Termination shall occur when the majority of the Fairfax City Council votes to terminate the Employee in accordance with local, state, and/or federal law and the Employee is willing and able to perform the duties of City Administrator. B. Termination shall occur if a breach of contract is declared by either party with a 30-day cure period for either Employee or Employer. Written notice of a breach of contract shall be provided in accordance with provisions of Section l 5. C. If the Employee is permanently disabled or is otherwise unable to perform their duties because of sickness, accident, injury, mental incapacity, or health for a period of four (4) weeks, Employer shall have the option to terminate this Agreement and the City will pay the Severance Payment upon executive of a full release by the Employee or the Employee's legally authorized representative pursuant to the terms of Section 12. D. Upon termination the Employee shall be paid any leave as outlined in the City of Fairfax Personnel Policy. E. Upon termination, Employee shall immediately return any items belonging to the City of Fairfax. This includes, but is not limited to keys, computers, documents, and manuals. SECTION 12: SEVERANCE A. When a termination occurs according to Section 11 and is without cause, the Employer agrees to pay employee a lump sum cash payment equal to six (6) months aggregate salary (Severance Payinent) in exchange for a signed full release by the Employee of any liability that the City of Fairfax and the City's elected officials and employees may have under local, state, or federal law arising out of the Employee's employment with the City, 5 this Agreement, or the termination of the Employee's employment with the City of Fairfax. B. Notwithstanding the foregoing, in the event the Employee is terminated because of: fraud, dishonesty, embezzlement, substance abuse, conviction of any criminal act (other than routine traffic violations), or a founded claim of harassment (based on an independent third-party investigation), then, in any such event, the City of Fairfax shall have no obligation to pay the Severance Payment. For the purposes of this Agreement, dishonesty is defined as knowingly and intentionally misleading the Mayor and City Council or an action taken resulting in Employee's personal gain due to inside knowledge or unauthorized payments to the Employee related to the Employee's position with the City. SECTION 13: RESIGNATION A. In the event the Employee voluntarily resigns their position with the City of Fairfax, the Employee shall give the Employer thirty (30) days written notice in advance. In the case of a voluntaiy resignation by Employee, the Severance Payment shall not be paid to Employee. B. Upon termination, Employee shall immediately return any items belonging to the City of Fairfax. This includes, but is not liinited to keys, computers, documents, and manuals. SECTION 14: GENERAL PROVISIONS A. The Employee understands that they will serve as City Administrator of the City of Fairfax, Linn County, Iowa, at the pleasure of the City Council. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Council to determine that Employee shall no longer serve as City Administrator, subject only to the provisions set forth in this Agreement. B. Nothing shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from their position with Employer; subject only to the provisions set forth in this Agreement. C. Employer shall defend, hold harmless and indemnify Employee against at�y tort or liability claim or demand or any other legal action arising from City activities or any alleged act of omission occurring during the performance of Employee's duties as City Administrator; provided the acts are not in violation of any state or federal criminal statute. 0 D. Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any local, state, or federal law. E. Employee shall be charged with the responsibility of spending whatever hours are necessary to properly carry out their duties, including responding to issues outside of regular office hours. The Employee is expected to spend an average each month of not less than 40 hours a week performing their duties for the City of Fairfax with an average each month of at least half of those hours in the office at Fairfax City Hall unless away at an approved conference. F. Where not in conflict with this Employment Agreement, the Employee agrees to follow and abide by the City of Fairfax Personnel Policy and any other applicable policies. G. If any term of this Employment Agreement is found to be invalid or unenforceable by any court or administrative agency, then such term shall be construed in a manner so as to pertnit its enforcement to the fullest extent permitted by the law. In any case, the remaining provisions of this Employment Agreement other than those to which have been held invalid, illegal or unenforceable, shall not be affected or impaired and shall remain in full force and effect. Each provision, paragraph and subparagraph of this Employment Agreement is separable from every other provision, paragraph and subparagraph and constitutes a separate and distinct covenant. H. No alteration, modification or amendinent to this Employment Agreement shall be valid unless made in writing and signed by all parties. I. Words and phrases herein shall be construed as in the singular or plural number and as masculine, feminine or neuter gender, according to the context. J. This Employment Agreement shail be subject to and governed by the laws of the State of Iowa. SECTION 15: RESIDENCY AND RELOCATION A. The Employee is required to establish residency within the City of Fairfax within six months of start of employment. B. The Employer agrees to reimburse Employee in an amount of up to $15,000 for any relocation and moving expenses, storage costs, insurance charges, and any other miscellaneous expenses incurred with respect to moving to Fairfax, including packing materials and direct costs associated with the sale of the Einployee's existing personal residence or purchase of a new residence, including real estate agent fees and other closing costs directly associated with the sale of the property or costs related to 7 acquiring temporary housing. Said reimbursement shall be made within thirty (30) days after receipt of an invoice or invoices for the same. SECTION 16: NOTICES C. Any notice required or permitted hereunder shall be sent by mail and email, to the respective parties hereto at the addresses set forth below, or to such other address, or in care of such other person, as any party shall designate for such notices by due notice hereunder: If to the Employer: City of Fairfax PO Box 337 Fairfax, IA 52228 Email: fairfax@cityoffairfax.org If to the Employee: Dustin Stambaugh 1114 Spring Street Ellsworth, KS 67439 Email: dustin.stambaugh@outlook.com IN WITNESS WHEREOF, the Mayor and Clerk of the Employer of Fairfax, lowa, have executed this Agreement on behalf of the Employer and approved by the Fairfax City Council on the 19th day of November, 2024. Attest: B Y: �i�%c.����/ a��°�- Cynt a Stimson, City Clerk��{-�ws��+� CITY OF Fairfax � _� ��i�- ����-- Jo Ann Beer, Mayor } nn Digita0y signed by: Dustin M. Stambaugh �ust�(� IVI. DN:CN=OustinM.Stambaughemail= dustinslambaugh@outlook.com C = US Stambaugh om�e 2024,,,e�oo2o5-osoo� Dustin Merle Stan�baugh EMPLOYEE , :