Canton, Massachusetts · Saved source text

Library Director FY19

Budgets & Finance · Fiscal year 2019 · Record fe763a4030b38f2ed7

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TOWN OF CANTON
CONTRACT OF EMPLOYMENT
LIBRARY DIRECTOR

Agreement

This agreement is entered into between the Town of Canton acting through its Board of Selectmen
and Mark Lague (hereafter the Employee), The position of Library Director will report directly to
and receive general guidance from the Board of Library Trustees.

                     SECTION IT.
1) TERMS AND CONDITIONS:

a. This employment agreement shall extend from July 1, 2018- August 17, 2018.

b. The position of Library Director is under the direct supervision of the Board of Library
Trustees.

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. Inthe event the employee desires to resign the position of Library Director before the
expiration of the aforesaid term of employment, the employee will provide written notice at
least thirty (30) days in advance to the Board of Library Trustees and to the Canton Board of
Selectmen through its Town Administrator. In the event that the Town decides not to renew
this contract beyond June 30, 2018, the Town will provide at least thirty (30) days advanced
notice in writing of the decision of non-renewal

e. The Board of Library Trustees will review and evaluate the job performance of the Library
Director and will apprise the Library Director of the results of each review and evaluation in
writing. This evaluation will be completed by June 30" of each contract year.

f. The Board of Library Trustees, or the employer, shall not discharge the Employee during the
term of this agreement without good and just cause. Such reasons shall be stated in writing,
acopy of which notice shall be given to the Employee. The Employee shall be granted a
hearing upon request made within five days of such notice. The employer shall call/conduct
such hearing. The Board of Library Trustees shall be represented by its Chairman and or its
designee at any such hearing. 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 certain employees a lump sum cash payment, equal to
one week’s salary for each year the employee has served Town.

TOWN OF CANTON
CONTRACT OF EMPLOYMENT
LIBRARY DIRECTOR

g. Itis understood that SECTION J 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 I included as an attachment, becomes part
of this agreement, provides for any other additional, unique and or position specific, term,
condition and or benefit agreed to by the parties and shall supersede any conflicting
provision contained in Section I

2) COMPENSATION

The Town agrees to compensate the Library Director at a 40 hour work week for the period
referenced below:

For the period of 7/1/18 through 08/17/2018 the annual salary of $109,103.88 (2% COLA)

a. Annual salary payments are to be made in equal weekly installment payments until August
17, 2018

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 the 40-
hour weekly schedule, including nights and weekends, as established by management.

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. VACATION LEAVE: For the Fiscal Year 2019 for the period of July 1, 2018 through
August 17, 2017 the Library Director will be granted seven (7) vacation days. 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 1% of each contract year, in full (seven days). The employee may not carry
over more than 30 current year vacation days in any contract year.

TOWN OF CANTON
CONTRACT OF EMPLOYMENT
LIBRARY DIRECTOR

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 Fifteen Thousand Dollars ($15,000.00).

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 may be required at any time, upon request by the Town, to provide a Physician’s
certificate for absence(s) of any duration.

. 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.

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.

OTHER BENEFITS: The Town will provide the Library Director with the following
additional benefits as are conferred upon other Town Employees, including worker's
compensation, and approved leave(s) 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. In the event of death of
the employee’s uncle, aunt, nephew, niece, 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
LIBRARY DIRECTOR

k. TRAVEL EXPENSE (S): Use of the Library Director personal motor vehicle will be
reimbursed at the rate established by the Internal Revenue Service IRS. Parking, tolls, meals
and conference expenses as they relate to the performance of the Library Director position
duties shall be reimbursable. All requests for reimbursement shall be submitted in
conformity with existing town practices and procedures relating to reimbursement for
expenditures,

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

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                                   ¥% working day preceding Christmas
4) DUTIES

Under the direction of the (supervisor) duties are as identified in the position description.
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.

TOWN OF CANTON
CONTRACT OF EMPLOYMENT
LIBRARY DIRECTOR

5) ENTIRE 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
supersede any previous written agreement.

6) INDEMNIFICATION

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 Library Director. 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 IT

1) TERMS AND CONDITIONS:

The Board of Library Trustees shall act in the Supervisory capacity for the position of Library
Director. Section f. retains language for appeal procedures in case of dismissal for cause. The
Library Board shall have full rights and responsibilities in conformity with MGL Chapter 78:
Section 3.

3) INSURANCE AND OTHER BENEFITS

a. HEALTH

(The incumbent voluntarily waives health insurance benefits but reserves the right to enroll in
health insurance plans offered through the Town consistent with terms of Section 3a.)

c. SICK LEAVE. Provisions carried over from previous contract.

TOWN OF CANTON
CONTRACT OF EMPLOYMENT
LIBRARY DIRECTOR

For the Board of Selectmen                                               For the Employee

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A ‘Yvon (Mark) Lague, /

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Date