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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