RES 2012-86 - 14996RESOLUTION NO. 2012-86
A RESOLUTION APPROVING AND AUTHORIZING THE AGREEMENT
BETWEEN THE CITY OF FRIDLEY AND DARIN R. NELSON
AS INTERIM CITY MANAGER
WHEREAS, Chapter 6.01 of the Fridley City Charter provides that the City Manager shall be the
Chief Administrative Officer of the City and Chapter 6 of the Fridley City Charter, as well as other
various provisions of the Fridley City Charter provide the powers and duties of the City Manager;
and
WHEREAS, Chapter 2.01 of the Fridley City Code states that the City Manager is empowered and
obligated to perform and enforce the provisions of the Charter of the City and all the laws,
ordinances and resolutions of the City; and
WHEREAS, Chapter 6.01 of the Fridley City Charter states that the City Manager shall be chosen
by the Council solely on the basis of training, experience and administrative qualifications; and
WHEREAS, Chapter 6.01 of the Fridley City Charter states that the choice shall not be limited to
inhabitants of the City or State but shall be limited to a citizen of the United States; and
WHEREAS, Chapter 6.01 of the Fridley City Charter states that the City Manager shall be
appointed for an indefinite period and shall be removable by the Council at any regularly scheduled
meeting provided at least three (3) members of the Council vote for the removal; and
WHEREAS, Dr. William W. Burns on Sept. 10, 2012 notified the Fridley City Council of his intent
to retire effective Dec. 31, 2012; and
WHEREAS, the Fridley City Council formally accepted the resignation of Dr. William W. Burns
effective December 31, 2012 at the City Council meeting on Nov. 19, 2012; and
WHEREAS, on Nov. 5, 2012 a recommendation was made by Dr. William W. Burns to the Fridley
City Council to appoint Darin R. Nelson, the City of Fridley Finance Director, to the position of
Interim City Manager and
WHEREAS, Darin R. Nelson is a citizen of the United States and satisfies the citizenship
requirements identified in Chapter 6.01 of the City Charter; and
WHEREAS, Darin R. Nelson satisfies the training, experience and administrative qualifications to
perform the duties and fulfill the obligations of Interim City Manager; and
Resolution No. 2012 -86 Page 2
WHEREAS, an Agreement has been reached between the City of Fridley and Darin R. Nelson to
perform the duties and fulfill the obligations of the position of the Interim City Manager in addition
to his duties as Finance Director, effective Jan. 1, 2013 at 12:01 a.m. until he no longer holds the
position of Interim City Manager or a new City Manager is hired and commences employment with
the City; and
WHEREAS, in consideration for the additional duties and assignments performed as the Interim
City Manager, the City agrees to pay Darin R. Nelson the additional amount of $928.20 per month
(grass income) and a car allowance of $354.96 per month (grass) beginning Jan. 1, 2013 and
continue so long as he holds the position of Interim City Manager; and
WHEREAS, no other changes will be made to benefits currently provided to Darin R. Nelson as a
full -time authorized employee while he holds the position of Interim City Manager;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Manager are hereby authorized
to execute the attached Agreement (Exhibit A) relating to the appointment of Darin R. Nelson to the
position of Fridley Interim City Manager for an indefinite period, effective Jan. 1, 2013 at 12:01
a.m. until Darin R. Nelson no longer holds the position of Interim City Manager or a new City
Manager is hired and commences employment with the City.
BE IT FURTHER RESOLVED that Darin R. Nelson is authorized to perform all of the duties and
functions of the City Manager as provided in the Fridley City Charter, Fridley City Cade and other
applicable law while he holds the position of Interim City Manager.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10'
DAY OF NOVEMBER, 2012.
ATTEST:
A11-44vne
DEBRA A. SKOGEN - Wry CLERK
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Resolution No. 2012 -86
Fxhihit A
CITY OF FRIDLEY
EMPLOYMENT AGREEMENT
Page 3
AGREEMENT made this 19th day of November, 2012, by and between the CITY OF
FRIDLEY, a Minnesota municipal corporation ( "Employer "), and Darin R. Nelson
( "Employee ").
WHEREAS, Employer's current City Manager has provided Employer his resignation from his
employment position effective December 31, 2012 and Employer has accepted the current City
Manager's resignation effective December 31, 2012;
WHEREAS, Employer needs a person to perform the City Manager's duties on an interim basis
following the current City Manager's resignation while the Employer searches for and hires a
new City Manager and desires to hire an Interim City Manager; and
WHEREAS, Employee has agreed to perform the additional City Manager duties on a
temporary and interim basis and be employed as the Interim City Manager until the Employer
has hired a new City Manager and the new City Manager commences employment with the
Employer.
NOW THEREFORE, the parties agree as follows:
1. POSITION. Employee currently is employed by Employer as its Finance Director.
Effective January 1, 2013 at 12:01 a.m., Employer agrees to employ Employee and
Employee agrees to serve as its Interim City Manager. During such time as Employee
is serving as Interim City Manager, Employee shall continue his duties as its Finance
Director in accordance with state statutes, City ordinances and the Code of Ethics of the
International and Minnesota City /County Management Associations, and to perform such
other legally permissible and proper duties and functions as the City Council shall from
time to time assign.
2. PENSION PLAN. Employer shall contribute to PERA as required by State law for
Employee or an alternate pension plan, if selected by Employee, authorized by State law.
3. SALARY. On January 1, 2013, Employer will pay Employee a salary of $9,282.20 per
month for his performance of his job duties as Finance Director. Employer shall pay
Employee additional salary of $928.20 per month for performance of the job duties of
Interim City Manager starting Jan. 1, 2013. Such additional compensation shall
continue until Employee no longer holds the position of Interim City Manager.
4. BENEFITS: For purposes of employment benefits such as annual leave, holiday pay,
general insurance, etc., the Employer shall provide the Employee with the same benefits
as provided to regular full -time employees as provided for in Employer's employee
handbook while Employee holds the position of Interim City Manager.
Resolution No. 2012 -86
Page 4
In addition to the increase in salary, the Employer agrees to pay the same amount in car
allowance currently provided to the City Manager. The amount provided to the City
Manager in 2013 will be $354.96 per month (gross income).
5. GENERAL EXPENSES. Employer shall reimburse Employee for reasonable
miscellaneous job related expenses which it is anticipated Employee will incur from time
to time performing his duties as Interim City Manager when Employer is provided
appropriate documentation.
6. HOURS OF WORK. It is understood that the position of Interim City Manager
requires attendance at evening meetings and occasionally at weekend meetings. It is
understood by Employee that additional compensation and compensatory time shall not
be allowed for such additional expenditures of time.
7. TERMINATION OF TEMPORARY ASSIGNMENT. It is understood that this
position is considered temporary. Employee's Interim City Manager position will
become effective Jan. 1, 2013 at 12:01 a.m. and will continue until Employee no longer
serves as Interim City Manager due to termination for just cause or resignation of the
Interim City Manager position as provided in this Section or a new City Manager is
hired and has commenced employment with Employer. Upon the new City Manager's
commencement of employment with Employer, the Employee will be relieved of his
duties as Interim City Manager and shall return to his previous position and salary as
Finance Director.
In the event Employee is terminated as Interim City Manager for just cause including
but not limited to malfeasance in office, gross misconduct, conviction for a felony, or
conviction for an illegal act involving personal gain to Employee, then Employer shall
have no obligation to reinstate the Employee to his previous position of Finance Director
and he shall be terminated from his position as Finance Director. At its option, Employer
may relieve Employee of his duties as Interim City Manager for reason other than those
constituting just cause and in such event, the Employee shall be reinstated to his previous
position as Finance Manager.
If Employer at any time during the employment term reduces the salary or other financial
benefits of Employee in a greater percentage than across - the -board reduction for all non-
union employees, or if Employer refuses, following written notice, to comply with any
other provisions of this Agreement benefiting Employee or Employee resigns from the
position of Interim City Manager following a formal suggestion by Employer that he
resign, then Employee may, at his option, resume his current duties and position as
Finance Director on an exclusive basis. If Employee voluntarily resigns his position as
Interim City Manager with Employer, Employee agrees to give the Employer thirty
(30) days advance notice.
Resolution No. 2012-86
Page 5
8. GENERAL CONDITIONS OF EMPLOYMENT. Nothing in this Agreement
shall prevent, limit or otherwise interfere with the right of Employer to terminate the
services of Employee at any time, for any reason, subject only to the provisions of this
Agreement, the Employer's employee handbook and statutory requirements.
Furthermore, nothing in this Agreement shall prevent, limit or otherwise interfere with
the right of Employee to resign at any time from his position with Employer, subject only
to the provisions of this Agreement.
IN WITNESS WHEREOF, Employer has caused this Agreement to be signed and executed on
its behalf by the Mayor and City Manager and Employee has signed this Agreement, in
duplicate, the day and year first written above.
EMPLOYER:
CITY OF FRIDLEY
BY: 4� BY
Scott J. Lund
Its Mayor
EMPLOYEE:
BY:
Darin R. Nelson
1� �- �-� 1/-4zlpt�
William W. Burns
Its City Manager