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LUBOVICH, ROGER
CITY ATTORNEY
EXECUTIVE
EMP
Insurance
Type Amount
4240
Contract Transactions
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End Date
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Insurance Total
Insurance Review Date
FILE CLOSED & TRANSFERRED TO HUMAN RESOURCES
VAULT 01/01/2005
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01/24/2002 -,-
12/31/2004 T
02/15/2005 ....
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LUBOVICH, ROGER
CITY ATTORNEY
EXECUTIVE
EMP
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Amount
Begin Date
End Date
Review Date
Insurance
Type Amount
Insurance Total
Insurance Review Date
Comments
REVIEW DATE FOR TRACKING PURPOSES ONLY
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$103716.00 +
01/24/2002 +
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06/15/2005 +
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EMPLOYMENT CONTRACT
City Attorney
This Employment Contract is entered into this 1- day of January, 2002 by and between
the City of Bremerton, a chartered first class municipal corporation organized under the laws of
the State of Washington, (hereinafter referred to as "City"), and Roger A. Lubovich, (hereinafter
referred to as "City Attorney"). In consideration of the mutual benefits and promises herein
contained, the parties agree as follows:
1. DESCRIPTION OF SERVICES: The City Attorney agrees to furnish full time
services as defined in the job description for the City Attorney, which is attached and hereby
incorporated as a part of this Agreement, which may be amended by mutual agreement of the
parties.
2. SUPERVISION: The parties understand and agree that the City Attorney will
perform independent functions and responsibilities in the exercise of his field of work. In the
performance of these duties, the City Attorney shall work under the direction of the Mayor and
City Council.
3. TERM: The City Attorney shall serve at the pleasure of the Mayor and City
Council subject to the provisions set forth in the City Charter relating to termination or removal of
the City Attorney, commencing January ti, 2002, and continuing until termination or removal
by terms of this Agreement and such Charter provisions.
4. COMPENSATION: The City Attorney and City agree that compensation for services
rendered under this agreement shall begin at band 1, rate 8, Four Thousand Three Hundred
Twenty One Dollars and 51 cents ($4,321.51) semi-monthly, with a monthly rate of
approximately Eight Thousand Six Hundred Forty Three Dollars ($8,643.00). This compensation
is subject to adjustment pursuant to BMC 2.50.31 and BMC 2.50.32 as applicable.
Said compensation shall be paid on the City's regular payroll system. It is expressly
understood by and between the parties that the City Attorney is an exempt position pursuant toˆthe Fair Labor Standards Act.
5. BENEFITS: All benefits shall be afforded as provided for in this Agreement pursuant
to the Bremerton Municipal Code, specifically, Chapter 2.50, Management & Professional Staff
Compensation Program, and as provided under the laws of the State of Washington relevant to
EMPLOYMENT CONTRACr -1-
the position of City Attorney, unless specifically provided otherwise in this agreement. Vacation
is set at twenty-five (25) days per year. For the year 2002 vacation leave shall be pro-rated based
upon date of hire. Subsequent years shall follow the established increases in vacation leave based
on years of service pursuant to 20.50.040 (c) of the BMC as applicable. City shah provide City
Attorney long-term disability coverage at the City's cost. Additionally, City shall pay for or
reimburse City Attorney for all dues, continuing legal education courses and other related costs to
maintain membership in the Washington State Bar Association.
6. PERFORMANCE REVIEWS: Performance reviews shall be conducted in
coraphance with applicable Human Resources Policies, and shah utilize review standards and
forms approved by the Human Resources Department.
7. EXCLUSION FROM COLLECTIVE BARGAINING: The City Attorney
acknowledges, understands and agrees that the position he is accepting with the City is not
included in the City's Civil Service system, is exempt bom Union Membership, and is a
managerial/professional employee as defined under BMC 2.50.
8. TERMINATION OF SERVICES: The City Attorney is an "at will" employee and the
City may terminate him without cause, at any time, with thirty (30) days notice required pursuant to
the provisions set forth in the City Charter relating to termination or removal of the City Attorney.
In the event of a termination without cause by the City, the City Attorney shall be entitled to
Severance Pay as described in BMC 2.50.090. In the event that the City Attorney shall terminate
employment with the City, he agrees that he shall provide the City not less than fourteen (14) days
prior written notice.
This Agreement may be terminated for cause, without notice, and employee understands,
agrees and accepts that in such case, no severance pay shall be paid. "Cause" shall he defined as
including but not limited to any reason for which a regular employee may be dismissed under the
Bremerton Civil Service Rules, specifically Rule 19.
9. GENERAL PROVISIONS:
A. This Agreement 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 Agreemem.
B. The parties hereby further agree that this Agreement cannot be amended or modified
EMPLOYMENT CONTRACT -2-
without the written concurrence of both parties.
C. Any notices required to be given shall be in writing and delivered to the following
parties at the following addresses:
Human Resources Department Roger A. Lubovich
239- 4th Street 17365 Agate St. NE
Bremerton, WA 98337 Bainbridge Island, WA. 98110
D. This Agreement shall be construed and interpreted in accordance with the laws of the
State of Washington. In the event of a dispute, such dispute shah be litigated in the Superior
Court of Kitsap County, Washington.
E. The invalidity or unenforceability of any provision hereof shall, in no way, affect the
validity or enforceability of any other provision.
F. Failure to insist upon strict compliance with any terms, covenants, or conditions of this
Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such
right or power at anytime be taken to be a waiver of any other breach.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day
and year first above written. ~
"XRqo~'"~-"~ - '~'~ ~-ger A. Lubovich
City Attorney
REVIEWED BY: CITY OF BREMERTON:
CAROL S. CONLEY Cary Bozeman
Human Resources Manager Mayor
~-'X ~x~t-(-~~Received for Filing: _.~---~~~ ,~APPROV FO
KATHLEEN McCLUSKEY LOREN COMBS,
City Clerk Acting City Attorney
EMPLOYMENT CONq~kC~F-3-