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HomeMy WebLinkAboutRESOLUTION - 38-97 - 8/26/1997 - EMPLOYMENT AGREEMENT/VLG ATTORNEYRESOLUTION NO. 38-97 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN 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. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 26th day of August , 1997. APPROVED this 26th day of August , 1997. Craig B. Johnson Village President ATTEST: Patricia S. Smith Village Clerk By: Ann I. Walsh Deputy Village Clerk 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 "Employee": WHEREAS, Employer desires to employ the services of Employee 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 Employee; and WHEREAS, Employee desires to accept employment as Village Attorney of Elk Grove Village according to said conditions; and WHEREAS, The parties acknowledge that Employee is an attorney licensed to practice in the State of Illinois and that Employee 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 • Attending any other meetings deemed necessary of Village Board members or Village Staff; • Represent the Village of Elk Grove Village in lawsuits and other court proceedings; B. Employee agrees to maintain normal, full time (37-1/2 hours/week) office working hours and to attend all Trustee Board meetings and Committee of the Whole meetings of which he has notice as well as all Subcommittee meetings that he has been requested to attend. Employee shall not be paid extra for attendance at any meetings. C. Employee agrees to give his utmost priority to the duties arising under this Agreement and Employer agrees to allow Employee to perform reasonable outside legal activities for Employee's clients while outside of Employee's working hours under this Agreement. The Village does acknowledge, however, that outside legal activities may occur, on a limited basis, during working hours for the accommodation of the client. It is expressly understood by the parties that no Village resources will be utilized by Employee while performing said outside activities. D. Employee agrees to not accept any new municipal clients during the term of this Agreement without the express written approval of the Trustees. E. Employee agrees to follow and abide by all applicable rules of practice and ethics as promulgated from time to time by the Supreme Court and Legislature of the State of Illinois during the term of this Agreement and must at all times of employment be a member in good standing in the Illinois State Bar Association. SECTION 2: TERM A. Employee agrees to remain in the employ of Employer upon the parties execution of this Agreement until Notice of Termination is given pursuant to paragraphs B or C of this section. B. Employer may terminate this Agreement upon written Notice of Termination given 90 days in advance to Employee. C. Employee may terminate this Agreement upon written Notice of Termination given 90 days in advance to Employer. SECTION 3: SUSPENSION Employer may suspend Employee with or without full pay and benefits at any time, but only if: (1) a majority of the Board agrees, or 2 (2) after a hearing, a majority of the Board votes to suspend Employee for just cause provided, however, that Employee 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 Employee is terminated by Employer without cause and Employee is willing and able to perform his duties under this Agreement, then in that event, Employer agrees to pay Employee a payment equal to 4 months salary and provision of up to 6 months of health insurance. Employee shall also be compensated for all earned and unused vacation. B. In the event Employee 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: • Employee's failure to perform the duties designated in section 1 of this Agreement; • Employee's wilful violation of any of the terms of this Agreement; • Employee being convicted of a, Felony or of a crime of moral turpitude; • Employee having disciplinary action taken against him by the attorney regulatory agency of the State of Illinois; SECTION 5: DISABILITY If Employee 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 Employee 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 provisions of Section 7 of this Agreement. However, in no event will employee's salary ever exceed the salary of the Village Manager employed on the date of the signing of this agreement. 3 SECTION 7: PERFORMANCE EVALUATION The Board shall review and evaluate the performance of Employee at least once annually on or before May 1. Said review and evaluation shall be in accordance with specific criteria jointly developed by Employer and Employee. Said criteria may be amended by Manager or Board in consultation with Employee. Further, the Board shall provide the Employee with a summary written or oral statement of their findings and provide adequate opportunity for Employee to discuss his evaluation. SECTION 8: RESIDENCY Employee agrees to become a resident of Elk Grove Village, Illinois, no later than December 31, 1998. Failure to do so will result in immediate revocation of the Agreement with no further obligations of the Village. SECTION 9: VACATION, SICK LEAVE AND HOLIDAYS A. Employee shall be entitled to 1 to 2 weeks vacation between September 1, 1997, and December 31, 1997 as an advancement of his yearly accrual of 4 weeks. B. Employer shall credit Employee with 24 sick days upon execution of this Agreement and thereafter, sick leave will accrue at the rate of 1 day per month. Employee will not receive sick leave buy-back. C. Employee shall be entitled to 8 fixed and 4 floating holidays per year, with floating holidays to be prorated for the balance of 1997. SECTION 10: INSURANCE BENEFITS Employee shall be entitled to the same life, health and dental insurance benefits, including payroll deduction of 15% for health premiums, offered to other full time employees of the Village of Elk Grove. The Flex plan is also included in Employee's benefits. These benefits and employer contributions may be changed by the Village provided the same changes are applicable to non-union employees. SECTION 11: RETIREMENT Employer will contribute an amount equal to the annual IMRF contribution rate in effect for each calendar year a percentage of Employee's salary to either a) IMRF, or b) a 401(a) plan, as Employee so directs in writing upon the execution of this Agreement. SECTION 12: DUES, SUBSCRIPTIONS AND PROFESSIONAL DEVELOPMENT A. Employer agrees to pay professional dues and subscriptions of Employee 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. 4 B. Employer agrees to pay for travel and subsistence expenses of Employee for professional and official travel, meeting and occasions adequate to continue the professional development of Employee 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 Employee for expenses of a nonpersonal and job related nature incurred by Employee 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 Employee 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 Employee'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 Employee under any law or ordinance. SECTION 16: OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. The Board, in consultation with the Manager, shall fix any other terms and conditions of employment under this Agreement, as they may determine from time to time, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Elk Grove Village charter or any other law. B. All provisions of the Elk Grove Village charter and code and regulations and rules of the Employer as they now exist or hereafter may be amended, shall also apply to Employee as they would to other full time employees of Employer, except as herein provided. SECTION 17: NO BENEFIT REDUCTIONS Employer shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all non-union employees of Employer. 5 SECTION 18: NOTICES Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) Employer: 901 Wellington Avenue Elk Grove Village, Illinois 60007 (2) Employee: 901 Wellington Avenue Elk Grove Village, Illinois 60007 Alternatively, notice may also be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of written notice in the course of transmission in the United States Postal Service. SECTION 19: GENERAL PROVISIONS A. The text herein shall constitute the entire agreement betweeh the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This Agreement shall become effective beginning September 1, 1997. D. If any provision, or any portion thereof, contained herein is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. 5