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HomeMy WebLinkAbout037-R-22 Authorizing the Appointment of John Fournier as City Manager for the City of Evanston5/23/2022 37-R-22 A RESOLUTION Authorizing the Appointment of John Fournier as City Manager for the City of Evanston WHEREAS, pursuant to Resolution 89-R-21, the City Council appointed Kelley Gandurski as Interim City Manager following the resignation of Erika Storlie; and; WHEREAS, pursuant to Resolution 15-R-22 the City Council authorized Mayor to execute a contract with Stanton Chase to conduct a nationwide search for candidates to be the next City Manager; and WHEREAS, after evaluating all candidates, the City Council deems it in the best interest of the City of Evanston (hereafter "the City") to appoint John Fournier as City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: John Fournier shall be appointed City Manager to perform the functions and duties of City Manager subject to the terms and conditions of an Employment Agreement, attached hereto as Exhibit 1. SECTION 3: Resolution 89-R-21 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. -1- Doc ID: 68bab143f7180bd5f1eb2e3f9088d3bfa7f700ff 37-R-22 Na Daniel Biss, Mayor Attest: Approved as to form: X�AOIj 'P. cam'n'* Stephanie Mendoza, City Clerk Nicholas E. Cummings, Corporation Counsel Adopted: 5/23 , 2022 -2- Doc ID: 68bab143f7180bd5f1eb2e3f9088d3bfa7f700ff 37-R-22 EXHIBIT 1 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF EVANSTON AND JOHN FOURNIER -3- Doc ID: 68bab143f7180bd5f1eb2e3f9088d3bfa7f700ff EMPLOYMENT AGREEMENT BETWEEN JOHN FOURNIER AND THE CITY OF EVANSTON The Employment Agreement ("Agreement") is between The City of Evanston, an Illinois Municipal Corporation (the "City") and John Fournier ("Employee") (collectively "the Parties") and is made effective as of , 2022 (the "Effective Date"). WHEREAS, the City desires to employ Employee as the next City Manager pursuant to Illinois Municipal Code 65 ILCS 5/5-3-7 and Evanston City Code Title 1, Chapter 8, Section 1; and WHEREAS, Employee is willing to assume the position of City Manager of the City under the terms and conditions set forth; and WHEREAS, the City and Employee have determined that the employment of Employee as City Manager is in the best interests of the Parties; and WHEREAS, the Parties must enter into a written Agreement setting forth the terms and conditions of employment pursuant to Illinois Municipal Code 65 ILCS 5/5-3-7. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Employment. (a) Term. The term of the Agreement shall commence on the Effective Date and may be terminated at any time by the Corporate Authorities of the City at any time, with or without hearing or other termination process as determined by Illinois Municipal Code, City of Evanston Code, and City Council Rules. (b) Position and Duties. Employee shall perform the duties of City Manager pursuant to Illinois Municipal Code 65 ILCS 5/5-3-7 and Evanston City Code, §1-8-3. The Corporate Authorities of the City shall not interfere with the execution of the City Manager's powers and duties as provided by the Illinois Municipal Code, 65 ILCS 5/5-3-1 et seq. and Evanston City Code, §1-8-1, et seq. or other applicable law. Employee is expected to conform to the ICMA Code of Ethics. Employee agrees to use his best efforts to perform any and all duties, responsibilities and other services necessary or appropriate to perform the functions of the position, as established, modified, expanded or assigned, from time to time by the Corporate Authorities. 2. Compensation and Related Matters. (a) Base Salarv. During the Term, the City shall pay to Employee an annual base salary of Two Hundred Forty -Five Thousand Dollars ($245,000), prorated from the date Employee assumes duties and responsibilities under this Agreement (hereinafter referred to as the "Start Date"), which shall be not later than July, 18, 2022. This salary shall be payable in installments on the same schedule as all other City employees. The City Council may increase the salary during the term of this Agreement. Doc ID: 68bab143f7180bd5f1eb2e3f9088d3bfa7f700ff (b) Vacation. Employee shall accrue vacation hours according to the City's Personnel Policies for non -represented employees of City general government and any relevant amendments thereto. Upon the Start Date, Employee shall accrue vacation based upon an annual accrual of fifteen (15) work days per year. Employee shall accrue additional vacation hours according to the City's personnel policies for non -represented employees based on Employee's first (Ist) year of employment being the third (3rd) year of employment by the City for purposes of vacation accrual under the City's personnel policies. Under no circumstances may Employee accrue more than forty-five (45) work days of vacation without the approval of City Council. In addition to the abovementioned accruals, Employee shall be entitled to ten (10) work days of vacation as of the Start Date. (c) Floating Holidays. Employee shall be entitled to floating holidays according to the City's Personnel Policies for non -represented employees of the City general government and any relevant amendments thereto. (d) Holidays and Sick Leave. Employee shall be entitled to such holidays and sick leave according to the City's Personnel Policies for non -represented employees of City general government and any subsequent amendments thereto. (e) Retirement. The City shall make all City -required payments/contributions to the Illinois Municipal Retirement Fund Plan for the benefit of Employee for such time as the term of this Agreement. Employee shall pay all employee required contributions to said plan. (f) Deferred Compensation. In addition to the salary provided for in this Agreement, the City shall pay on Employee's behalf, an annual deferred compensation in the total amount of Twenty Thousand ($20,000.00) to a qualified 401(a) tax deferred plan. The City will facilitate the Employee making contributions to a qualified tax -deferred plan from his own salary. (g) Health and Life Insurance. The City shall provide group medical - dental -vision insurance and group life insurance in the same amounts and on the same terms and conditions as the City provides to non -represented employees of the City general government, and shall make partial payment toward the premiums of such insurance as it does for non -represented employees of the City's general government. The City may change insurance, reduce coverage, or reduce payment of premiums paid by the City toward coverage provided that any such changes apply in general to other non -represented employees of the City's general government. Employee shall pay all premiums in excess of the City's aforementioned payment. (h) Other Benefits. Employee may participate in all other City benefit programs (such as dependent care FSA, deferred compensation plans, paid and unpaid leave, etc.) on the same terms as the City provides to non -represented employees of the City general government in accordance with applicable laws, regulations, policies and guidelines governing these programs. (i) Relocation. The City shall provide a loan secured by a Mortgage and Doc ID: 68bab143f7180bd5f1eb2e3f9088d3bfa7f700ff Promissory Note to be executed by Employee in the amount of $225,000.00 for the purchase of a home in the City of Evanston to aid in his relocation. The terms and conditions of the loan shall be governed by a Mortgage and Promissory Note and said Mortgage and Promissory note shall be recorded against the property purchased. There shall be no interest on the loan for the term of this Agreement. The remaining balance of the loan on the date of Employee's separation from employment with the City shall be repaid one year after the date of termination of this Agreement. During the period of time between termination of this Agreement and the repayment of the loan, Employee shall pay the Applicable Federal Interest Rate (AFR) on the loan balance. For each year of the term of this Agreement, on the anniversary of the Effective Date, the City shall forgive one -eighth (1/8t1i) of the original balance of the loan. 3. Performance Evaluation. The Corporate Authorities shall conduct an evaluation of Employee's performance at least once annually. The Corporate Authorities and Employee may choose an outside consultant to perform the first annual evaluation which will include interviewing the Mayor and each member of the City Council regarding the City Manager's performance and preparing a report for the Corporate Authorities to use in evaluating the City Manager. Any adjustment in salary shall be made following such evaluation and shall become effective on Employee's next anniversary of hire date or such other date as the Employee and the Corporate Authorities may agree. The form, method, and substance of the evaluation shall be in accordance with specific criteria developed jointly by the Corporate Authorities and Employee annually. 4. Termination. Either party may terminate this Agreement at any time with 90 days written notice. If this Agreement is voluntarily terminated by Employee, the City shall pay accrued vacation and unused floating holidays according to Employee's salary. Termination by the City shall be "for cause" if (1) Employee is convicted of any felony or any crime involving moral turpitude, not including any crime related to assisting, aiding, demonstrating in favor of, or supporting any person in gaining access to reproductive health services or attaining resident or citizenship status in the United States; or (2) the willful breach or habitual neglect of the duties that Employee is required to perform under the terms of this Agreement after providing notice of the specific breach in writing to Employee and a period of Employee to remedy such breach within ninety (90) days. If this Agreement is terminated "for cause" the City shall pay accrued vacation and unused floating holidays according to Employee's salary. In the event the City terminates this Agreement without cause, Employee shall receive regular payroll compensation and benefits for a period of six (6) months, or shall be paid a lump sum payment equivalent thereto. If any dispute arises as to whether a party has "cause" for termination, then the City and the Employee may mutually agree to submit that dispute for resolution by a panel of three licensed attorneys, the first of whom shall be selected (and compensated) by the Employee, the second of whom shall be selected (and compensated) by the City, and the third of whom shall be Doc ID: 68bab143f7180bd5f1eb2e3f9088d3bfa7f700ff selected by the two attorneys first selected (and compensated in equal shares) by the Employee and the City. The determination by the selected panel shall be conclusive and binding upon the Parties and shall not be subject to challenge of appeal. 5. Expenses. (a) Automobile. Employee will utilize his personal, private vehicle in the course of his duties. Employee will be responsible for all maintenance, repair, and fuel for said vehicle. The City agrees to pay Four Hundred Dollars ($400.00) per month as an automobile allowance as consideration for private vehicle use. (b) Business Expenses. The City shall pay or reimburse Employee for reasonable business expenses to the extent budgeted and approved by the City Council. (c) Professional Expenses. The City shall pay or reimburse Employee for reasonable professional dues and subscriptions and reasonable travel and other expenses for professional meetings, seminars, and other professional development activities to the extent budgeted and approved by the City Council, including equity training to be determined by the City Council. The City shall pay registration, travel and accommodations for Employee to attend one (1) national, one (1) regional, and one (1) state conference each year, and any other conference and professional activity to the extent budgeted and approved by the City council, including equity training to be determined by the City Council. The City shall also pay one hundred percent (100%) of the dues for the Employee's membership in the International City/County Management Association, the Illinois City/County Management Association, and the Illinois Municipal League. 6. Indemnification. The City agrees to defend, hold harmless, and indemnify Employee from any and all demands, claims, suits, actions, and legal proceedings related to and within the scope of his employment and duties as City Manager brought against him in his individual or official capacity consistent with the Illinois Local Governmental and Governmental Tort Immunity Act, 745 ILCS 10/9-102. Such indemnity does not cover criminal litigation, claims of fraud and/or dishonesty, City administrative adjudication, or disciplinary proceedings against Employee. The City shall have the option, within its sole discretion, to settle or litigate the matter as it determines. In no case, will individual City Council members be considered personally liable for indemnifying Employee against such demands, claims, suits, actions or legal proceedings. 7. Bonding. The City shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance. 8. Residency. Employee shall establish a residence in Evanston on or before February 1, 2023, and shall reside residence within the city limits of the City of Evanston, Illinois during the term of this Agreement. 9. Notices. Notices pursuant to this Agreement shall be given by electronic mail or United States Postal Service, postage prepaid, addressed as follows: To the City: City of Evanston Doc ID: 68bab143f7180bd5f1eb2e3f9088d3bfa7f700ff Law Department 2100 Ridge Avenue Evanston, Illinois 60201 law@cityofevanston.org To Employee: John Fournier City Manager 2100 Ridge Avenue Evanston, Illinois 60201 john@johnfoumier.com 10. General Provisions. (a) Training and Education. The City and Employee recognize the importance of ongoing training and education including training on diversity, equity and inclusion. In accordance with 5(c) of this Agreement, Employee shall attend such training seminars relevant to his duties as City Manager, including training on diversity, equity and inclusion as determined by the City Council in consultation with the Employee, annually. (b) Litigation. During and after Employee's employment, Employee shall reasonably cooperate with the City in connection with any investigation or review of any federal, state or local regulatory authority, and in the defense or prosecution of any claims or actions now in existence or which may be brought in the future against or on behalf of the City, which relate to events or occurrences that transpired while Employee was employed by the City and with which Employee was involved or had or should reasonably have had knowledge. Employee's cooperation in connection with such claims or actions shall include, but not be limited to, being reasonably available to meet with or communicate electronically or by telephone with the City's representatives or legal counsel; to prepare for discovery or trial; and to act as a witness on behalf of the City at mutually convenient times and locations, for reasonable periods of time and subject to Employee's schedule and professional commitments or employment or business obligations. The City shall reimburse Employee for any reasonable out-of-pocket expenses incurred in connection with Employee's performance of obligations pursuant to this Section. (c) Enforceabilitv.If any portion or provision of the Agreement (including, without limitation, any portion or provision of any section of the Agreement) shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of the Agreement, or the application of such portion or provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law. (d) Survival. The provisions of the Agreement shall survive the termination of the Agreement and/or the termination of Employee's employment to the extent necessary to effectuate the terms contained herein. (e) Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the Doc ID: 68bab143f7180bd5f1eb2e3f9088d3bfa7f700ff performance of any term or obligation of the Agreement, or the waiver by any party of any breach of the Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. (f) Entire Agreement. The text herein shall constitute the entire agreement between the Parties. (g) Amendments. The Corporate Authorities, after consultation and mutual agreement with Employee, shall fix any such other terms and conditions of employment as it may determine from time to time, relating to Employee's performance, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Code, or any other law. (h) Governing Law. The Agreement is a State of Illinois contract and shall be construed under and be governed in all respects by the laws of the State of Illinois, without giving effect to the conflict of laws principles of such state. (i) Countemarts. The Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be taken to be an original; but such counterparts shall together constitute one and the same document. IN WITNESS WHEREOF, the parties have executed the Agreement effective on the date and year first above written. , 2022 Date Daniel Biss, Mayor City of Evanston ATTEST: Approved as to form: Stephanie Mendoza, City Clerk Nicholas E. Cummings, Corporation Counsel , 2022 Date John Fournier Doc ID: 68bab143f7180bd5f1eb2e3f9088d3bfa7f700ff