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HomeMy WebLinkAbout5.2 Approve the First Amendment to the Village Manager's Employment AgreementBoardDocs® Pro Agenda Item Details Meeting Dec 11, 2018 - VILLAGE BOARD SPECIAL MEETING - 7:00 P.M. Category 5. CONSENT AGENDA Page I of 2 Subject 5.2 Motion to approve the First Amendment to the Village Manager's Employment Agreement Access Public Type Action (Consent) Preferred Date Dec 11, 20141* Absolute Date Dec 11, 2018 Recommended Action Approve the accompanying first amendment to the Village Manager's Employment Agreement for Michael 1. Cassady. Public Content Information The Village of Mount Prospect Mayor and Trustees collectively and annually evaluate the Village Manager's performance and bonus, base compensation deferred compensation, life insurance and miscellaneous benefits afforded to other employees. The Village Board met in a closed session meeting on December 4, 2018 to discuss amendments to the Village Manager's Employment Agreement regarding Term of Employment and Severance Pay Upon Termination. Alternatives 1. Village Board approve the First Amendment to the Village Manager's Employment Agreement 2. Action at discretion of Village Board. Staff Recommendation It is recommended the Village Board approve the First Amendment to the Village Manager's Employment Agreement -irst Ameindmeint to Employemeint Agreemeint.pdf (20 KB) Administrative Content Executive Content All items under Consent Agenda are considered routine by the Village Board and will be enacted by one motion. There will be no separate discussion of those items unless a Board member or member from the audience so requests, in which the item will be removed from the Consent Agenda and considered in its sequence on the agenda. Motion & Voting (not specified) https://www.boarddocs.com/il/vomp/Board.nsf/Public 12/19/2018 BoardDocs® Pro Page 2 of 2 Motion by Paul Hoefert, second by Richard Rogers. Final Resolution: Motion Carries Yea: William Grossi, Eleni Hatzis, Paul Hoefert, Richard Rogers, Colleen Saccotelli, Michael Zadel https://www.boarddocs.com/il/vomp/Board.nsf/Public 12/19/2018 FIRST AMENDMENT TO THE VILLAGE MANAGER EMPLOYMENT AGREEMENT MICHAEL J. CASSADY This First Amendment to the Village Manager Employment Agreement (First Amendment") is entered into this 11 th day of December, 2018, by and between the Village of Mount Prospect, an Illinois home rule municipal corporation ("VILLAGE") and Michael J. Cassady ("MANAGER"). WHEREAS, the VILLAGE approved a "Village Manager Employment Agreement" with the MANAGER (the "Agreement") that took effect on January 1, 2018; and WHEREAS, the Village Board, having given due and careful consideration to the MANAGER's performance, and other factors, hereby agree that it is desirable to amend the Agreement to establish a definitive term of the Agreement and to make additional adjustments to the MANAGER's compensation and benefits. NOW, THEREFORE, in consideration of the mutual promises, covenants, and undertakings hereinafter set forth, and for such other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by and between the Parties, the Parties hereto understand and do agree as follows: 1. That Paragraph 1 of the Agreement is hereby amended to read in its entirety as follows: Term of Employment. The Term of Employment, as used in this Agreement, shall be that period of time commencing on the effective date of this Agreement and ending on December 31, 2023, unless terminated sooner subject to Paragraphs #19 and #20 below. 2. That Paragraph 16 of the Agreement is amended by adding a sentence to the end of Paragraph 16 to read in its entirety as follows: Future adjustments to the MANAGER's base salary and the provision of additional bonuses may be approved by the Village Board, in its sole discretion, without the need to formally amend the Agreement. 3. That Paragraph 20 of the Agreement is amended to read in its entirety as follows, although Subparagraphs A, B, and C of Paragraph 20 shall remain unchanged: Severance Pay Upon Termination. Except as provided otherwise in this Agreement, in the event that the services of the MANAGER are terminated by the Board without "Cause" during the Term of Employment, the VILLAGE shall provide the MANAGER with six (6) months of advance notice of termination (or severance pay in the amount of six (6) months of base salary in lieu of six (6) months of advance notice). Further, in the event that that the Board terminates the Services of the MANAGER without "Cause" during the Term of Employment, the VILLAGE shall, at its cost, provide the Manager with continuing health insurance benefits under the same terms and conditions as provided while the MANAGER was employed under this Agreement, which health insurance benefits shall remain in effect only until the MANAGER is hired by another employer that provides the MANAGER 406779_1 with health insurance benefits, as follows: (i) if the BOARD decides to provide the MANAGER severance pay in lieu of providing six (6) months advance notice of termination, the VILLAGE shall provide the MANAGER with a maximum of twelve (12) months of health insurance benefits from the date of termination; or (ii) if the Board decides to provide the MANAGER six (6) months advance notice of termination in lieu of providing severance pay, the VILLAGE shall provide the MANAGER with a maximum of six (6) months of health insurance benefits from the date of termination. 4. That all portions of the Agreement not expressly amended by this First Amendment shall remain valid and in full force and effect. 5. This First Amendment may be executed in two (2) counterparts, each of which shall be deemed an original, but both of which shall constitute one and the same First Amendment. 6. This First Amendment shall be deemed dated and become effective on December 11, 2018. IN WITNESS WHEREOF, the VILLAGE OF MOUNT PROSPECT, at a properly convened public meeting and pursuant to authority provided by law, has hereby approved this First Amendment by action of the Village Board, authorizing the execution of this First Amendment by the Village President with an attestation by the Village Clerk, and that Michael J. Cassady has voluntarily executed this First Amendment and that the Parties hereto have entered their hands and seals the day and year first above written. VILLAGE OF MOUNT PROSPECT: VILLAGE MANAGER: Mayor Arlene Juracek ATTEST: Karen M. Agoranos, Village Clerk 406779_1 Michael J. Cassady