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HomeMy WebLinkAboutRESOLUTION - 42-97 - 9/23/1997 - AMEND EMPLOYMENT AGRMT/VLG ATTORNEYRESOLUTION 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: O ABSENT: O PASSED this 23rd day of September , 1997. APPROVED this 23rd day of September , 1997. atricia S. Smith Village Clerk raig 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 • 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. Independent Contractee 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. Independent Contractee shall not be paid extra for attendance at any meetings. C. Independent Contractee agrees to give his utmost priority to the duties arising under this Agreement and Employer agrees to allow Independent Contractee to perform reasonable outside legal activities for Independent Contractee's clients while outside of Independent Contractee'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 Independent Contractee while performing said outside activities. D. Independent Contractee agrees to not accept any new municipal clients during the term of this Agreement without the express written approval of the Trustees. E. Independent Contractee 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. Independent Contractee 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 Independent Contractee. C. Independent Contractee may terminate this Agreement upon written Notice of Termination given 90 days in advance to Employer. SECTION 3: SUSPENSION Employer may suspend Independent Contractee with or without full pay and benefits at any time, but only if: 2 (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 provisions of Section 7 of this Agreement. However, in no event will Independent Contractee's salary ever exceed the salary of the Village Manager employed on the date of the signing of this agreement. SECTION 7: PERFORMANCE EVALUATION The Board shall review and evaluate the performance of Independent Contractee 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 Independent Contractee. Said criteria may be amended by Manager or Board in consultation with Independent Contractee. Further, the Board shall provide the Independent Contractee with a written or oral summary statement of their findings and provide adequate opportunity for Independent Contractee to discuss his evaluation. SECTION 8: RESIDENCY Independent Contractee 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 A. Independent Contractee 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 Independent Contractee with 24 sick days upon execution of this Agreement and thereafter, sick leave will accrue at the rate of 1 day per month. Independent Contractee will not receive sick leave buy-back. C. Independent Contractee 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 Independent Contractee shall be entitled to the same life, health and dental insurance benefits, including payroll deduction of 15% for health premiums, offered to full time employees of the Village of Elk Grove. The Flex plan is also included in Independent Contractee's benefits. These benefits and employer contributions may be changed by the Village provided the same changes are applicable to non-union Independent Contractees. SECTION 11: RETIREMENT Employer will contribute a percentage of Independent Contractee's salary in an amount equal to the Village's annual IMRF contribution rate in 4 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 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. 5 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 Independent Contractee 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 Independent Contractee, except to the degree of such a reduction across-the-board for all non-union employees of Employer. SECTION 18: NOTICES Notices pursuant to this -Agreement custody of the United States Postal as follows: (1) Employer: (2) Independent Contractee: shall be given by deposit in the Service, postage prepaid, addressed 901 Wellington Avenue Elk Grove Village, Illinois 60007 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 between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Independent Contractee. 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. N 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 7 Craig B. Johnson Village President of Elk Grove Village, State of Illinois George Knickerbocker Independent Contractee