HomeMy WebLinkAbout6065 EMPLOYMENT CONTRACT
FIRE CHIEF
THIS EMPLOYMENT CONTRACT ("Contract") is made and entered into by and
between the City of Bremerton, Washington, a chartered first class municipal corporation
organized under the laws of the State of Washington ("City"), and Patrick McGanney
("Employee").
RECITALS
WHEREAS, Pursuant to Section 21 of the City Charter and Section 2.16.020 of the
Bremerton Municipal Code ("BMC"), the Fire Chief shall be appointed by the Mayor, subject to
confirmation by the City Council; and
WHEREAS, Employee is currently serving as Interim Fire Chief and the City desires to
officially appoint Employee as the Fire Chief consistent with the laws of the State of Washington
and the ordinances and policies of the City; and
WHEREAS, The City agrees to provide the same compensation and benefits that the
Employee receives as a Training Battalion Chief plus a 25%increase in salary,in order to establish
fair compensation and benefits as well as internal equity in transferring from the position of
Battalion Chief to Fire Chief; and
WHEREAS,BMC 2.50.034 authorizes adjustments to benefits established for Department
Heads pursuant to an employment contract approved by the City Council; and
WHEREAS, The Cityalso desires to establish certain conditions of employment and set
the general working conditions for Employee; and
WHEREAS, Employee agrees to accept the position of Fire Chief of the Fire Department
for the City in accordance with the terms and conditions of this Contract, City ordinances, Fire
Department Standard Operating Procedures and the City Human Resources Policies, as the same
may be amended from time to time ("Policies"), subject to the provisions of Section 11;
NOW, THEREFORE, in consideration of the mutual covenants herein contained the
parties agree as follows:
SECTION 1. EMPLOYMENT AND DUTIES
A. The City agrees to employ the services of Employee as the Fire Chief of the City's Fire
Department ("Department"). The Employee agrees to furnish full-time services as defined in
the job description for the Fire Chief, which is attached and hereby incorporated as a part of
this Contract, which may be amended by the City upon thirty (30) days' notice to the
Employee.
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B. The parties understand and agree that the Employee will perform independent functions and
responsibilities in the exercise of his field of work.
C. Employee agrees to accept employment and act as Fire Chief for the City and to perform his
duties to the best of his ability in accordance with the highest professional and ethical standards
of the profession and shall comply with all general rules and regulations established by the
State of Washington and the City.
D. Employee shall not engage in any activity that is, or may become, a conflict of interest, as
defined by Washington law,or would be incompatible with the position of Fire Chief,or enter
into a prohibited contract, as defined by Washington law.
SECTION 2. POSITION AND TERM
A. This Contract shall be effective as of the date of execution and shall remain in full force and
effect until terminated as provided in Section 6 of this Contract. Employee is an "at-will"
employee of the City and shall report to and serve at the pleasure of the Mayor.
B. The Employee acknowledges,understands and agrees that the position he is accepting with the
City is a management/professional position as defined under Chapter 2.50 BMC and is exempt
from Union Membership.It is expressly understood by and between the parties that the position
of Fire Chief is an exempt position pursuant to the Fair Labor Standards Act. Even though the
position the Employee is accepting with the City is a management/professional position,
Employee will receive the compensation and benefits he received as Battalion Chief pursuant
to the Bremerton Firefighter's Local 437 collective bargaining agreement as set forth in
Sections 3 and 4 below.
C. The Employee further acknowledges, understands and agrees that the position he is accepting
with the City is not included in the City's Civil Service system and that he will not be covered
by the Civil Service system applicable to the Department under RCW 41.08 and BMC
2.16.020. Employee shall not be entitled to any of the procedural or substantive protections
afforded civil service employees, but the employment relationship between the City and
Employee shall be at will and governed by the terms of this Contract. Subject only to the
provisions set forth in Section 6 of this Contract.
D. Nothing in this Contract shall prevent, limit or otherwise interfere with the City's right to
terminate this Contract, with or without cause, at any time, subject only to the provisions set
forth in Section 6 of this Contract, the laws of the State of Washington, City ordinances, and
City Polices.
E. Nothing in this Contract shall prevent, limit or otherwise interfere with the right of the
Employee to resign and terminate this Contract at any time, subject only to the provisions set
forth in Section 6 of this Contract.
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F. So long as this Contract remains in effect, Employee agrees to remain in the exclusive
employment of City and shall neither accept other employment nor become employed by any
other City without the prior written approval of the Mayor. The term "employed" and
derivations of that term as used in the preceding sentence shall include employment by another
legal entity or self-employment, but shall not be construed to include occasional teaching,
writing, consulting or military reserve service performed on Employee's own time, and with
the advance approval of the Mayor.
SECTION 3. COMPENSATION
A. The Employee and City agree that compensation for services rendered under this contract shall
begin at Step 5 of the Battalion Chief of Training pay schedule,plus 6.5%longevity and a 25%
increase in salary for Chief's pay,with an annual rate of approximately One Hundred Seventy-
Three Thousand, Seven Hundred Twenty-Seven Dollars,and Ninety Cents($173,727.90).The
employee shall receive 4.25% additional compensation for maintaining Professional Fire
Management Certifications.
B. The parties agree that Employee shall receive the same cost-of-living adjustment and
step/longevity increases that apply to the Bremerton Firefighters Local 437 collective
bargaining agreement.
SECTION 4. BENEFITS
A. Medical. Employee shall participate in the City's health benefit (medical, dental, vision,
employee assistance) plans in accordance with the terms then applicable to other non-
represented employees pursuant to BMC 2.50.070.
B. Life Insurance. The City shall provide life insurance for the employee with terms equivalent
to that which applies to Bremerton Firefighters Local 437. The Employee shall name the
beneficiary(ies) of said term life insurance.
C. Disability Insurance. The City shall provide short and long-term disability insurance for
Employee with terms equivalent to that which applies to Bremerton Firefighters employees.
D. City Vehicle. Employee shall have the use of a Fire Department vehicle. In the event that
Employee uses his own vehicle for City business-related trips, the City shall reimburse
Employee for such use in accordance with the then-current IRS approved mileage rate.
E. Vacation Accrual. Employee shall accrue 10 hours of vacation time with pay per pay period
for all regularly scheduled work time including paid leave time. The maximum number of
vacation accrual hours that the employee shall be allowed to carry forward from one year to
the next is 400 hours.
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F. Additional Benefits. Employee shall receive certain benefits as provided pursuant to the
Bremerton Firefighters collective bargaining agreement, in lieu of similar benefits, if any,
provided to Professional and Management employees, as follows:
1. Medical Insurance;
2. MERP contribution;
3. HRA contribution;
4. Cleaning Allowance;
5. Sick leave accrual, carry-over and cash out;
G. Furlough Program. Notwithstanding the terms of this Contract that describes the Employee's
salary,the Employee shall participate in any furlough program that applies, from time to time,
to City non-represented employees.
SECTION 5. RETIREMENT AND DEFERRED COMPENSATION PLANS
A. Employee shall be enrolled in the Law Enforcement and Fire Fighters Plan of Washington
("LEOFF"). The City shall make all legally-required City contributions for Employee's
participation in said system, and Employee shall be responsible for paying all legally-required
employee contributions for Employee's participation in said retirement system.
B. In addition to City's payment to LEOFF described above, City shall pay an amount equal to
five-point five(5.5%)percent of annual salary into an Internal Revenue Code Section 457 plan
or similar deferred compensation program to be paid by the City in accordance with the City's
normal payroll schedule. If the IAFF receives an increase in the City's contribution to deferred
compensation, the Employee will receive the same increase. Upon written notice to the City,
the employee may elect to have all or a portion of the City's contribution to their deferred
compensation converted to longevity.
SECTION 6. RESIGNATION, TERMINATION AND SEVERANCE PAY
A. Employee's employment with the City may be terminated (separated from employment) as
follows:
1. Without Cause. The Employee is an "at will" employee and the City may terminate his
employment with the City without cause,at any time,with thirty(30)days' notice pursuant
to BMC 2.50.090. If terminated without cause, the City shall pay the employee liquidated
damages equivalent to the value of six (6) month's salary (to include retirement, deferred
compensation and other benefits listed in Section 4) and health insurance benefits plus six
months of accrued vacation and thirty-five percent (35%) of accrued sick leave. The six-
month severance pay will expire on August 31, 2023. On September 1, 2023 or after, the
City may terminate his employment without cause,at any time,with thirty(30)days' notice
and severance pursuant to BMC 2.50.090.
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2. For Cause. It is not possible to list all forms of behavior that are considered unacceptable
in the work place.The following reasons shall constitute grounds to terminate this Contract
with"cause"and without severance. This list is not intended to be exhaustive.
a) A material breach of this Contract or the repeated neglect by Employee to perform the
duties Employee is required to perform under this Contract, either of which continues
after written notice and a 30-day cure period,or which occurs within one year-following
a prior written notice and cure opportunity under this Subsection 6 (A) (2) (a);
b) The Employee may be terminated from employment with the City for cause, without
notice, in the event the Fire Chief commits an act of gross or willful negligence or
breach of the public trust, including: fraud or misconduct related to employment with
the City,harassment or repeated discourteous treatment of City personnel or the public;
c) A terminable violation of the City's drug-free workplace policy;
d) Failure to comply with legal requirements or lawful directives of the Mayor(provided
that the Fire Chief has been given written notice and an opportunity to cure an alleged
failure);
e) Mental or physical unfitness which prevents the Employee from carrying out the
essential functions and/or duties of the position of Fire Chief;
f) Conduct which, while not criminal in nature, violates City policies or other reasonable
standards of professional and personal conduct in some substantial manner injurious to
the business or reputation of the City;
g) Employee understands, agrees and accepts that no severance pay shall be paid if he is
terminated for cause;
h) A material breach of this Contract or the repeated neglect by Employee to perform the
duties Employee is required to perform under this Contract;
i) Conviction of any felony offense;
j) Conviction of any criminal act involving dishonesty, moral turpitude or physical
violence.
In the event of a termination for cause, the Fire Chief shall be paid all compensation and
benefits earned through the date of termination.
3. By Employee. In the event that the Employee shall terminate his employment with the City,
he agrees that he shall provide the City not less than thirty (30) days' prior notice of the
effective date of said termination in order to afford the City a reasonable opportunity to
find a replacement. The parties further agree that in the event a replacement is found who
is able to commence employment prior to the expiration of thirty (30) days' notice, that
they may, in good faith,negotiate an earlier termination date.
B. As a condition of eligibility to receive any severance benefits under this Section 6, the
Employee shall sign, as of the date immediately following his separation and in a form
provided by the City, a legal release of any and all claims of any kind against the City(except
for earned and unpaid wages and benefits as of the termination date, and except for severance
benefits hereunder and COBRA benefits), and agreeing neither to bring any litigation nor to
make any written or oral communications that are harmful to the reputation of the City or any
elected or unelected official or employee of the City.
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C. It is understood that after notice of termination or resignation in any form, Employee and the
City will cooperate to provide for an orderly transition. Specific responsibilities during such
transition will be specified in a written separation agreement. If Employee is involuntarily
terminated by City for reasons that have the potential to adversely impact Employee's
professional reputation if made public, Employee may request, and if requested, Employee
shall be given an opportunity for a name clearing hearing with the Mayor.
D. This Contract shall be terminated upon the death or permanent disability of the Employee
which, for the purposes of this Contract, shall mean that Employee is incapacitated and unable
to perform his essential duties, with or without reasonable accommodation, for at least the
period of time prescribed by the terms of the Long-Term Disability benefit plan that then
covers him.
SECTION 7. FLEXIBLE HOURS OF WORK
It is recognized that Employee must devote a great deal of time outside the normal office hours on
business for the City, and to that end Employee shall be allowed to establish an appropriate work
schedule that allows time away from the office during normal office hours. It is expected that
Employee will work at least forty (40) hours per week. The parties recognize that Employee will
be exempt from the provisions relating to overtime payment and compensatory time under the Fair
Labor Standards Act. If the employee is away from the office for a full day, due to non-work
related reasons, he will be required to use the appropriate leave.
SECTION 8. PERFORMANCE EVALUATION
The City shall review and evaluate the performance of Employee on an annual basis. Performance
evaluations shall be conducted by the Mayor. Employee shall be provided with a written copy of
the evaluation.
SECTION 9. PROFESSIONAL DEVELOPMENT
The City shall budget and pay for the professional dues and subscriptions of Employee and
associated costs (including travel, lodging and meal expenses) reasonably necessary for his
continuation and full participation in national, regional, state and local associations and
organizations that are necessary and desirable for his continued professional participation, growth
and advancement to better serve the interests of the City.
SECTION 10. CIVIC INVOLVEMENT
City recognizes the desirability of representation in and before local and regional civil and other
organizations, and Employee is authorized to become a member of such civic clubs or
organizations he deems necessary or desirable in order to maintain awareness of community
attitudes and ideas. City shall pay all expenses for membership and participation in up to three
such Bremerton organizations. Employee shall report to City on each membership that he has
taken out at City's expense.
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SECTION 11. OTHER TERMS AND CONDITIONS OF EMPLOYMENT
A. All provisions of City ordinances, regulations, rules and City Policies as they now exist or
hereafter may be amended, shall also apply to Employee as they would to other employees of
the City, except as may be specifically agreed upon herein.
B. If any term of this Contract differs from City Policies, the terms of this Contract shall take
precedence.
SECTION 12. MISCELLANEOUS PROVISIONS
A. Paragraph Headings. The headings in this Contract are inserted for convenience and
identification only and are in no way intended to describe, interpret, define or limit the scope,
extent or intent of this Contract or any of the provisions of the Contract.
B. Provisions Severable. Every provision of this Contract is intended to be severable. If any term
or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Contract.
C. Rights and Remedies. The rights and remedies provided in this Contract are cumulative, and
the use of any one right or remedy by any party shall not preclude nor waive its rights to use
any or all other remedies. Any rights provided to the parties under this Contract are given in
addition to any other rights the parties may have by law, statute, ordinance or otherwise.
D. Entire Agreement. This Contract constitutes the entire agreement between the parties and both
parties acknowledge that there are no other agreements,written or oral,that have not been fully
set forth in the text of this Contract.
E. Governing Law and Dispute Resolution. This Contract shall be construed in accordance with
the laws of the State of Washington. Venue for any dispute arising hereunder shall be in Kitsap
County Superior Court. However, before any lawsuit may be filed by either party, the
Employee and City must agree to engage in non-binding mediation, in which the expense of
the mediator will be paid by the City. Other than the cost of the mediator,each party shall bear
its own expenses and attorney fees in any dispute, including mediation or litigation.
F. Preparation of Contract. No presumption shall exist in favor of or against any party to this
Contract as a result of the drafting and preparation of this document.
G. No Waiver. No waiver of any breach by either party of the terms of this Contract shall be
deemed a waiver of any subsequent breach of the Contract.
H. Counterparts. This Contract may be executed simultaneously in one or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one and
the same document.
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I. Amendment. No amendment of this Contract shall be effective unless the amendment is in
writing, signed by each of the parties.
J. Notices. All notices and demands of any kind which either party hereby may be required or
desires to serve upon the other party under the terms of this Contract shall be in writing and
shall be served upon such other party by personal service, or by leaving a copy of such notice
or demand at the address hereinafter set forth, whereupon service shall be deemed complete,
or by mailing a copy thereof by certified or regular mail, airmail if the address is outside the
state in which the same is mailed,postage prepaid, with return receipt requested, addressed as
follows:
City: Employee:
City of Bremerton Patrick McGanney
c/o Human Resources 821 E Soderberg Road
345 6th Street, Suite 100 Allyn, WA 98524
In case of service by mail, it shall be deemed complete on the day of actual delivery as shown
on the addressee's registry of certification receipt or at the expiration of the third day after the
date of mailing,whichever first occurs. The addresses to which notices and demands shall be
delivered or sent may be changed from time to time by notice served as hereinabove provided
by either party upon the other party.
K. Appropriations. No commitment of public funds will be made prior to the approval of this
Contract. The terms of this Contract are contingent upon sufficient appropriations being made
by the City Council for the performance of this Contract. If sufficient appropriations are not
made,this Contract shall terminate subject to the conditions subsequent concerning notice and
severance payment being given by the City to Employee as provided in Section 6 of this
Contract. Termination pursuant to the terms of this Contract shall not result in any claim for
payment or damages by Employee or the City. The City's decision as to whether sufficient
appropriations are available shall be accepted by Employee and shall be final.
IN WITNESS WHEREOF, this agreement is entered into on the date fully executed
below.
CITY OF BREMERTON EMPLOYEE
By W ,� By "'' ,��
Greg eler, Mayor atrick McGanney
Date: 2•1l0 120242 Date: 2- 6.- 2d20
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APPROVED AS TO FORM: ATTEST:
Roger A. Lubovich, Ci ttorney ,y ; City Clerk
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