HomeMy WebLinkAbout10190RESOLUTION NO. 10190
A RESOLUTION RECOGNIZING THE VALUABLE CONTRIBUTIONS OF LEE R. EVETT AS
CITY MANAGER OF THE CITY OF PUEBLO AND ACCEPTING HIS RESIGNATION AS CITY
MANAGER OF THE CITY OF PUEBLO
WHEREAS, Lee R. Evett was appointed City Manager (Manager) by Resolution 9154
effective December 1, 2000; and
WHEREAS, Manager has provided valuable leadership, talents, and wisdom directly
benefiting the citizens of and visitors to the City of Pueblo; and
WHEREAS, Manager has informed the City Council of his inability to secure satisfactory
housing for himself and his family; and
WHEREAS, Manager, therefore, wishes to seek another professional position
commensurate with his talent, education, and experience; and
WHEREAS, Manager and the City Council both recognize the need to provide
administrative certainty within the Municipal Corporation while manager explores other
opportunities; and
WHEREAS, the City did not incur expenses in the estimated amount of $15,000 to move
Manager's personal property to the City of Pueblo; and
WHEREAS, Manager has requested a leave to concentrate on completing unfinished tasks
including, without limitation, police department building election, developing the concept for an
airport authority and contract for fixed base operators at the airport, preparation of the City's 2005
budget, historic preservation of Fire Station No. 4, explore self- funding for City's employee health
and dental benefits, and rehabilitation of City Hall and Memorial Hall ( "Unfinished Tasks ");
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Manager's resignation effective September 30, 2004 is hereby accepted and the
Employment Agreement dated November 13, 2000 between the City and Manager is terminated as
of September 30, 2004. In order to concentrate on completing the Unfinished Tasks, which are
deemed beneficial to the City, Manager is granted a leave of absence with pay and benefits from
August 1, 2004 to September 30, 2004. Manager's appointment of David J. Galli as Acting City
Manager to perform the duties of City Manager during Manager's absence is approved.
SECTION 2.
In recognition of valuable contributions made by Manager which include by example the
restoring of fiscal stability, the accumulation of unrestricted and undesignated financial reserves
exceeding Council's goal, organizational restructuring providing for the elimination of numerous
personnel positions, the creation of a Stormwater Utility, and the Orix Retail Development, both
Manager and the City agree on the following:
1. Manager will make himself available to consult with the Acting City Manager on such
matters and at such times as are mutually agreeable.
2. In furtherance of the concept set forth in paragraph 5 of the Employment Agreement
dated November 13, 2000 between the City and Manager, and in recognition of his and
his family's needs, City will pay to Manager severance pay equal to salary for three (3)
months, without benefits, except that City will pay Manager's COBRA continuation
coverage for family health and dental insurance premiums for three (3) months.
Severance pay will be paid in three equal monthly installments commencing October 1,
2004. Income and other payroll taxes shall be deducted by the City from each
installment.
3. City will compensate Manager for all unused sick leave accrued as of September 30,
2004 as provided in the Employment Agreement.
4. In order to facilitate Manager's transition, City agrees to allow the Manager continued
business use of his laptop computer, pager, telephone, cell phone, printer, e-mail, and
internet services at City's expense, which shall not exceed $150 per month during the
period September 30, 2004 to December 31, 2004 or until such time as suitable
employment is secured by him, whichever occurs first. Manager may keep laptop
computer after the three -month period provided he permanently delete and remove
from the computer hard drive all City - licensed software (except operating systems) and
City files and data.
5. The City will pay to the Public Employees' Retirement Association ( "PERA ") or, directly
to Manager for payment to PERA, if required by PERA's rules and regulations, an
amount sufficient to purchase service credits in order for Manager to have five (5)
years of service credit with PERA on September 30, 2004 ( "Service Credit Amount "). If
any income taxes are required to be paid by Manager on the Service Credit Amount,
the City will pay to him a sum equal to such taxes.
6. City waives all claims it may have against Manager arising out of his employment with
City except claims, if any, based upon intentional or willful and wanton conduct.
7. In the event of any disagreement or question of interpretation relating to items within
this section, the Manager and the Council President will meet and agree on a
resolution of said matter.
SECTION 3.
This Resolution shall become effective upon final passage and approval.
INTRODUCED July 26. 2004
BY Robert D. Schilling
Councilperson