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HomeMy WebLinkAboutRESOLUTION - 48-01 - 12/3/2001 - EMPLOYMENT AGREEMENT/VLG ATTORNEYRESOLUTION NO. 48-01 A RESOLUTION AMENDING RESOLUTION NO. 42-97 PERTAINING TO THE EMPLOYMENT AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE VILLAGE ATTORNEY AS IT PERTAINS TO RETIREMENT AND PENSION MATTERS AS WELL AS THE DESIGNATED STATUS OF EMPLOYEE NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That SECTION 11: RETIREMENT of the Employment Agreement between the Village and the Village Attorney be and the same is hereby amended to read as follows: SECTION 11: RETIREMENT, PENSION Employer recognizes that Employee/Independent Contractee is IMRF eligible and will make appropriate annual contributions to IMRF for the benefit of employee as required by IMRF. Employee will be entitled to all benefits included under IMRF. In addition, Employer acknowledges that Employee may request retroactive IMRF participation to September 1, 1997 provided that any cost incurred by the Village as a result thereof shall be reimbursed by Employee. Said cost shall be determined annually and shall be equal to the annual amount payable to IMRF by Employer. Any amounts that are due and owing at the time Employee retires shall be paid to the Village within six (6) months of retirement, or if applicable, paid annually to the Village out of Employee's pension payments. Employee may continue his 401 (a) plan and direct contributions to said account from his regular salary. I Section 2: That SECTION 19: GENERAL PROVISIONS of the Employment Agreement be and the same is hereby amended by adding thereto a new paragraph which shall read as follows: E. From and after January 1, 2002, the term "Employee" shall be substituted for and interchangeable with the term "Independent Contractee" and that any reference in this Agreement to Independent Contractee shall mean Employee. Section 3: That this Resolution shall be in full force and effect from and after January 1, 2002. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 3rd day of December, 2001. APPROVED this 3rd day of December, 2001. APPROVED: Craig B. Johnson, Mayor ATTEST: Ann I. Walsh, Village Clerk R.MORGEAo RESOLUTION NO. 42-97 A RESOLUTION RESCINDING RES. NO. 38-97 AND AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN AMENDED EMPLOYMENT AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE VILLAGE ATTORNEY EFFECTIVE SEPTEMBER 1, 1997 NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Village President be and is hereby authorized to sign the attached documents marked: EMPLOYMENT AGREEMENT a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. ATTEST: VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 23rd day of September , 1997. APPROVED this 23rd day of September , 1997. Patricia S. Smith Village Clerk Craig B. Johnson Village President EMPLOYMENT AGREEMENT This Agreement, made and entered into this 1st day of September, 1997, by and between the Village of Elk Grove, State of Illinois, a municipal corporation, hereinafter referred to as "Employer" and George Knickerbocker of Schaumburg, Illinois, hereinafter referred to as "Independent Contractee": WHEREAS, Employer desires to employ the services of Independent Contractee as Village Attorney and Village Prosecutor of Elk Grove Village, as provided by sections 1-7D-1 and 1-7D-3, respectively, of the Village Code; and WHEREAS, it is the desire of the Village President and Board of Trustees, hereinafter referred to as "Board", to provide certain benefits, establish conditions of employment and to set working conditions of Independent Contractee; and WHEREAS, Independent Contractee desires to accept employment as Village Attorney of Elk Grove Village according to said conditions; and WHEREAS, The parties acknowledge that Independent Contractee is an attorney licensed to practice in the State of Illinois and that Independent Contractee is subject to all applicable rules of practice and ethics as promulgated from time to time by the Supreme Court and Legislature of the State of Illinois; NOW THEREFORE, in consideration of the mutual `covenants herein contained, the parties agree as follows: SECTION 1: DUTIES A. Employer hereby agrees to employ George Knickerbocker as Village Attorney for the Village of Elk Grove Village to perform the functions and duties specified in sections 1-7D-1 and 1-7D-3 of the Village Code and to perform other permissible and proper duties and functions as the Village Manager and Board shall from time to time assign, including, but not limited to, the following: • Consulting •with Village administrative staff and other personnel as needed to address legal issues that arise; • Conducting training sessions for Village police officers and other Village enforcement personnel; • Attending Board meetings to advise the Trustees; • Supervising such support staff as necessary to effectively perform duties arising under this Agreement; 1 (1) a majority of the Board agrees, or (2) after a hearing, a majority of the Board votes to suspend Independent Contractee for just cause provided, however, that Independent Contractee shall have been given written notice setting forth any charges at least 10 days before such hearing by the Trustees bringing such charges. SECTION 4: TERMINATION AND SEVERANCE PAY A. In the event Independent Contractee is terminated by Employer without cause and Independent Contractee is willing and able to perform his duties under this Agreement, then in that event, Employer agrees to pay Independent Contractee a payment equal to 4 months salary and provision of up to 6 months of health insurance. Independent Contractee shall also be compensated for all earned and unused vacation. B. In the event Independent Contractee is terminated for cause, then in that event, Employer shall be under no obligation to make the severance payment designated in paragraph A of this section. C. Termination for cause shall include, but not be limited to, any of the following examples: • Independent Contractee's failure to perform the duties designated in section 1 of this Agreement; • Independent Contractee's willful violation of any of the terms of this Agreement; • Independent Contractee being convicted of a Felony or of a crime of moral turpitude; • Independent Contractee having disciplinary action taken against him by the attorney regulatory agency of the State of Illinois; SECTION 5: DISABILITY If Independent Contractee is permanently disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental capacity or health for a period of four successive weeks beyond any accrued sick leave and exhaustion of other accrued benefits (i.e. vacation, floating holidays) Employer shall have the right to terminate this Agreement. SECTION 6: SALARY Employer agrees to pay Independent Contractee for services rendered pursuant hereto an annual base salary of $96,000, payable in twenty-six (26)installments. Salary may be adjusted in accordance with the 3 effect for each calendar year, to a 401(a) plan selected by Independent Contractee. Independent Contractee shall indemnify Employer and hold Employer harmless from any additional pension contributions or pension fund demands of any nature whatsoever. SECTION 12: DUES, SUBSCRIPTIONS AND PROFESSIONAL DEVELOPMENT A. Employer agrees to pay professional dues and subscriptions of Independent Contractee necessary for his continuation and full participation in national, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of the Employer. B. Employer agrees to pay for travel and subsistence expenses of Independent Contractee for professional and official travel, meeting and occasions adequate to continue the professional development of Independent Contractee and to adequately pursue necessary official functions for Employer, pursuant to the travel rules and regulations of the Village. SECTION 13: GENERAL EXPENSES Employer agrees to reimburse Independent Contractee for expenses of a nonpersonal and job related nature incurred by Independent Contractee for meetings, conferences, training and mileage at the same rate and amount that is offered to other full time employees of the Village of Elk Grove. SECTION 14: .INDEMNIFICATION In addition to that required under state and local law, Employer shall defend, hold harmless and indemnify Independent Contractee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Independent Contractee's duties under this Agreement. Employer will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. SECTION 15: BONDING Employer shall bear the full cost of any fidelity or other bonds required of Independent Contractee under any law or ordinance. SECTION 16: OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. The Board, in consultation with the terms and conditions of employment under determine from time to time, provided such inconsistent with or in conflict with the the Elk Grove Village charter or any other 5 Manager, shall fix any other this Agreement, as they may terms and conditions are not provisions of this Agreement, law. IN WITNESS WHEREOF, the Board of Trustees of Elk Grove Village, Illinois, has caused this Agreement to be signed and executed in its behalf by its President and duly attested by its Village Clerk, and Independent Contractee has signed and executed this Agreement, both in duplicate, the day and year first above written. ATTEST: Patricia S. Smith Village Clerk I Craig B. Johnson Village President of Elk Grove Village, State of Illinois George Knickerbocker Independent Contractee