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DPW Operations Manager (PDF)

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TOWN OF CANTON
                                   CONTRACT OF EMPLOYMENT
                                  *xx** OPERATIONS MANAGER XX**x



                                                  Agreement

 This agreement is between the Town of Canton, acting through its Board of Selectmen and Daniel F. Teague
(hereafter referred to as the Operations Manager or employee). The Superintendent of Public Works shall
 provide day-to-day direction, guidance and supervision to this position —Operations Manager.(M.G.L or
 other legal citation granting authority for this contract).



                                               SECTION I.
1) TERMS AND CONDITIONS:

    a. This employment agreement shall extend from July 1, 2015 —June 30, 2018

    b. The position of Operations Manager is under the direct supervision of Superintendent of Public Works

    c. This contract may be extended subject to a successful performance evaluation during any initial
       contract term and by written approval of the Board of Selectmen.

    d. In the event the employee desires to resign the position of Operations Manager before the expiration
       ofthe aforesaid term of employment, the employee will provide written notice at least fifteen(15)
       days in advance to the Canton Board of Selectmen through its Town Administrator. In the event that
       the Town decides not to renew this contract at the end of the teen stated above, the Town will provide
       at least fifteen days(15) advanced notice in writing of the decision to terminate of not renew.

    e. The Superintendent of Public Works will review and evaluate the job performance of the Operations
       Manager. The Superintendent of Public Works will apprise the Operations Manager of the results of
       each review and evaluation in writing. This evaluation will be completed by June 30t~' of each
       contract year.

    £   The Town may discharge the Operations Manager at any time during the term of this agreement for
        good and just cause. In the event the employee is separated by the Town for any other reason, not
        related to just cause and before the expiration of the aforesaid term of employment, and during such
        time the employee is willing and able to perform the duties of the position, the Town agrees to pay a
        lump sum cash payment, equal to one week's salary for each year the employee has served Town.

    g. It is understood that SECTION I of this contract provides for a uniform and consistent statement of
       employee requirements and contract benefits and constitutes the full agreement between the Town and
       the Employee. SECTION II included as an attachment, becomes part of this agreement, provides for
       any other additional, unique and or position specific, tec-m, condition and or benefit agreed to by the
       parties and shall supersede any conflicting provision contained in Section L (Employee should list in
       Section II those specific items)

TOWN OF CANTON
                                CONTRACT OF EMPLOYMENT
                               ***** OPERATIONS MANAGER *x

2)COMPENSATION

  The Town agrees to compensate the Operations Manager based on a 40-hour week for the period
  referenced below:

          For the period of 7/1/15 through 6/30/16 the salary of $ 91,614.90(2% COLA)
          For the period of 7/1/16 through 6/30/17 the salary of $ 93,447.20(2% COLA)
          For the period of 7/1/17 through 6/30/18 the salary of $95,316.14(2% COLA)

  a. Annual salary payments are to be made in fifty-two(52) equal weekly installment payments.
     Additional workdays within any fiscal year during the term of the Agreement shall be paid in addition
     to the above, at the regular daily rate of pay of the employee.

  b. Overtime. It is understood that this position is a salaried position exempt under the Federal Fair
     Labors Standards Act. The position may require the Employee to work beyond his/her regular weekly
     schedule, including nights and weekends, as established by management.

  c. Parties acknowledge and agree that the Town will complete, during FY 16, a comprehensive position
     description and total compensation evaluation. Parties further agree to reopen this contract for the
     sole purpose of negotiating future compensation. Parties agree to utilize the compensation evaluation
     to further discuss and negotiate future compensation for FYs 17 and 18.


3) INSURANCE AND OTHER BENEFITS

  a. HEALTH —DENTAL INSURANCE: A plan of medical and dental insurance consistent with
     M.G.L., Chapter 32 B shall be provided to the employee with 75%paid by the Town and 25%paid by
     the Employee.

  b. DISABILITY/LIFE INSURANCE: The Town agrees to provide reimbursement to the employee for
     disability and/or term life insurance policy payments not to exceed One Thousand Two Hundred
     Dollars($1200) per year during the term of the contract.

  c. VACATION LEAVE: The Town agrees to provide the employee in the amount 25 days per year as
     paid vacation. Time off for vacation is to be taken subject to the approval of the Superintendent of
     Public Works. Vacation time may be carried over from one year to the next year, to a maximum of
     thirty(30) days. Upon the retirement, termination, resignation or death of the employee, they (or their
     estate) will be paid the amount of all unused vacation time. Vacation credit to employee accruals
     shall be made on July l st of each contract year, in full. The employee may not carry —over more than
     30 current year vacation days in any contract year.

TOWN OF CANTON
                               CONTRACT OF EMPLOYMENT
                              ***** OPERATIONS MANAGER xXx**

d. SICK LEAVE: Sick leave shall accrue at the rate of 1.25 days per month, accumulating without
   limit, less paid sick leave taken. An employee who retires pursuant to M.G.L. chapter 32 will be
   entitled to receive salary compensation for Fifty Percent(50%)of unused accumulated sick time or
   seventy (70) days, whichever is lesser. In the case of death, payment shall be made to the deceased
   employee's estate, with payment calculated at the current daily rate of pay. In no event shall sick time
   buy back payment, under this section, exceed Six Thousand Dollars ($6,000.00).

    In addition, the employee is allowed, with the approval of the Appointing Authority, use of non-
    occupational sick leave, up to five days per contract year, for family related sick leave.
    Employee maybe required, upon request by the Town,to provide a Physician's certificate at any time
    by the Town for absences)of any duration.

e. PERSONAL LEAVE: Granted 3 days per fiscal year. Personal leave days may not be carried over
   from one contract year to the next contract year.

£ RETIREMENT: Contributory retirement coverage with Norfolk County Retirement Board will be
  provided, as required by M.G.L. Chapter 152.

g. TUITION REIMBURSEMENT: The Town will reimburse the employee for job-related courses
   taken as part of a degree or certificate program or credit towards maintaining a professional license or
   professional competency. Books, registration fees, and all other costs will be paid for by the Town,
   subject to funding availability. Payment will be made after proof of successful course completion is
   provided. It is agreed that the amount reimbursed to the employee will in no event exceed the
   departmental available annual appropriation.

h. OTHER BENEFITS: The town will provide the Operations Manager with the following additional
   benefits as are conferred upon other Town Employees, including worker's compensation, paternity
   leave, leave of absence, and approved leaves) with and without out pay as approved by the Board of
   Selectmen.

  JURY DUTY -the Employer agrees to make up the difference between the weekly wage and the
   compensation received for jury duty pay.

   BEREAVEMENT LEAVE — in the event of death in the immediate family of the employee, the
   employee shall be granted up to 4 consecutive days leave without loss of pay, to attend the funeral or
   memorial services. The term immediate family shall include the mother, father, wife, husband,
   brother, sister, child, grandchild, grandparent, mother-in-law, father-in-law, stepparent of either
   spouse, brother-in-law, or sister-in-law, niece and nephew. In the event of death of the employee's
   uncle, aunt, or non-relative living in the employee's household for a minimum of one year, the
   employee shall be granted one(1)day's leave on the day of the funeral.

TOWN OF CANTON
                                   CONTRACT OF EMPLOYMENT
                                  ***** OPERATIONS MANAGER *****

     k. TRAVEL —The Town will provide the employee a town vehicle for all travel related to the
        Operations Managers employment responsibilities on a 24 hour basis. All operating costs associated
        with such town vehicle such as fuel, maintenance, and insurance shall be paid by the Town. The
        Town vehicle may also be used for commuting and for personal purposes within the confines of
        Norfolk County unless otherwise authorized by the Superintendent of Public Works.

     1. PROFESSIONAL DUES AND SEMINARS:
        The employee is required to maintain his professional competency. Educational courses, seminars,
        and/or meetings approved by the Superintendent of Public Works are encouraged. The Town shall
        pay costs related to such attendance subject to funding availability. Prior approval from the
        Superintendent of Public Works is required for such participation to determine funding availability
        and ensure proper departmental coverage in the absence ofthe Operations Manager. Annual
        membership dues for applicable professional organizations/affiliations shall also be paid by the Town
        with prior approval required.

    m. PHI'SICAL FITNESS PROGRAM: The Town will reimburse the employee for enrollment at an
       approved health club facility. The employee must show satisfactory evidence of enrollment and or
       participation and provide the Town with receipted bills. Reimbursement by the Town will not exceed
       Four Hundred Dollars($400)in any contract year.

    n. HOLIDAYS —The following days shall be recognized as paid holidays on the day on which they are
        observed:

            New Years Day                            Labor Day
            Martin Luther King Day                   Columbus Day
            Washington's Birthday                    Veteran's Day
            Patriot's Day                            Thanksgiving Day
            Memorial Day                             Christmas Day
            Independence Day                         Half day preceding Christmas

        If any of these days falls on a Saturday, the preceding Friday will be considered the holiday.
        Holidays falling on a Sunday will be celebrated on Monday.

4. DUTIES:
   Under the direction of the Superintendent of Public Works duties are as identified in the attached position
   description (Appendix B)which becomes part of this agreement. Management reserves the right to
   modify duties and responsibilities outlined in the position description as determined by the Employer
   during the term of this agreement with notice provided.

5. ENTIl2E AGREEMENT
   Section I and II contains the entire agreement between the parties and shall constitute and express all
   obligations of the Employer during the term of this employment agreement and supercede any previous
   written agreement.

TOWN OF CANTON
                                     CONTRACT OF EMPLOYMENT
                                   ****X OPERATIONS MANAGER
6. INDEMNII'ICATION -The Employer shall defend, save harmless and indemnify the 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 the Employee's duties as
   Operations Manager. Employer will comprise and settle any such claim or suit and pay the amount of any
   settlement or judgment rendered thereon. Willful torts and criminal acts are excluded.


                                   SECTION II (Attachment)

    1. The Town agrees to pay the Operations Manager as the Recycling Administrator a stipend in the
       amount of $2,500 annually based on a performance review by the Superintendent of Public Works of
       the Administration of the Composting and Recycling Division.
   2. The Employee shall be annually paid in two (2)equal payments, on or about July 1st and on or about
      January 15~, $3000 to perform the duties of Tree Warden. This payment shall only be paid to the
      Employee if the Employee attains, prior to any payment, and maintains in good standing a State of
      Massachusetts issued Commercial Pesticide Applicator License.
   3. Any item or procedure beyond the tei7ns of this agreement is governed under the current personnel
      policies as approved by the Board of Selectmen.
   4. The employee shall be paid annually a snow and ice stipend of $5000 to be paid in 52 weekly
      installment payments.




                                                                                                         5

TOWN OF CANTON
                          CONTRACT OF EMPLOYMENT
                         ***** OPERATIONS MANAGER xx***




For the Board of Selectmen:                      For the Employee:



 ohn J                                           Daniel Teague       `~^,y~~



~o6ert E. Burr, Jr.,                              /~LI~GziS
V~ce Chairman        ~                           Date

         ~    ~
Kevin T. Feeney,
Cle k


Victor D. Del Vecchio,
Me


Ma     .Porter,
Me     er



Date