TOWN OF SOUTHINGTON TOWN MANAGER

EMPLOYMENT CONTRACT

This employment contract ("Contract") is entered into, and is effective as of, December 30, 2010 by and between the TOWN OF SOUTHINGTON, a municipal corporation with offices at 75 Main Street, Southington, Connecticut ("TOWN"), acting by and through its TOWN COUNCIL ("COUNCIL") and Garrison C. Brumback, of Baytown, Texas ("MANAGER") WITNESSETH: WHEREAS, the Charter of the Town of Southington ("Charter") permits the COUNCIL to enter into a written contract of employment for a fixed term not to exceed

three (3) years and one half years with the person serving or to serve as the Town Manager; and

WHEREAS, the TOWN desires to employ the MANAGER, and the MANAGER

desires to accept employment, subject to the provisions of this Contract.

NOW, THEREFORE, in order to comply with the provisions of the Charter concerning

employment of a Town Manager, and in consideration of the mutual promises and considerations herein set forth, the TOWN employs the MANAGER, and the MANAGER accepts employment, on the following terms and conditions:

SECTION I -

(A)

DUTIES: RESPONSIBILITIES; PERFORMANCE

The MANAGER shall professionally and satisfactorily perform all the normal and usual duties associated with the position of Town Manager as the same may be defined by the Charter and other applicable law and directives or guidelines adopted by the COUNCIL. The MANAGER shall serve as the TOWN'S Chief Executive Officer.

(B)

The MANAGER agrees to commit his skills exclusively to his position as Town Manager and shall not engage in any other employment or commercial enterprise during the term of this Contract or any renewals hereof unless specifically authorized by the COUNCIL.

(C)

The COUNCIL, after consultation with the MANAGER, may fix any such other additional terms and conditions of employment, as it may determine appropriate

from time to time, relating to the duties of the MANAGER,

provided such terms and conditions are not inconsistent or in conflict with the

~-------------------------------I provisions of this Contract, the Charter, or any other applicable law. Not later than the first Monday in December, on an annual basis, the MANAGER shall propose to the COUNCIL such goals and objectives for the MANAGER as he deems necessary and proper and in the Town's best

interest. Not later than the February regular Council Meeting, or as soon thereafter as feasible, the COUNCIL shall adopt goals and objectives for the MANAGER. Once goals and objectives have been adopted by the COUNCIL, the MANAGER shall provide periodic reports on the progress of those goals and

objectives and recommendations for modifications, if any, to the COUNCIL. (F)

The Council shall evaluate and assess orally the performance of the Manager annually during the term of this agreement. Said evaluation and assessment shall be reasonably related to the goals and objectives of the Town for the year in question. The Manager shall submit to the Council a recommended format for said evaluation and assessment of his performance (hereinafter "evaluation format"). The evaluation format shall be reasonably objective and shall contain at least the following criteria: Council-Manager relations, community relations, personnel relations, business matters, professional leadership and personal qualities. The evaluation format shall provide for a rating system both as to overall performance and as to the cno,....ifi,.... f""'ri+ori"'::ll c-o+ frH-fh in fho 0 \ J-::tI I. -r- - -"''''' _-- .. , --. _ ~

l"'::IIfinn

-..

f"'rr"Y'\"::II+ , .

The Council shall meet and discuss the evaluation format with the Manager

and attempt, in good faith, to agree on the development and adoption of a mutually agreeable evaluation format. The Council shall adopt an evaluation format within 90 days of the commencement of each year of this agreement. The Council, in executive session, shall formally evaluate the Manager annually in June of each year of this contract. In the event the Council determines under the evaluation format that the performance of the Manager is deficient in any respect, it shall describe in writing said deficient performance indicating specific examples where appropriate. The evaluation shall include recommendations to be necessary or appropriate. A copy of the written evaluation shall be delivered to the Manager within 30 days of its completion and the Manager shall have the right to provide the Council with a written reaction or response to the evaluation which shall become a permanent attachment to his personal file. Within 30 days of the delivery of the written evaluation to the Manager, the Council shall meet with the Manager to

•

discuss the terms of the evaluation. Whenever the Council has evaluated the Manager's performance to be deficient, in whole or in part, or has made recommendations for areas of improvement, the parties shall agree to a reasonable time frame in which to meet and reevaluation said deficiencies and/or recommendations. The evaluation related meetings shall be held in executive session.

SECTION 11- TERM OF EMPLOYMENT

(A)

The TOWN agrees to employ the MANAGER as its Town Manager for a term of three (3) years and five (5) months (Contract Term), from 12:00 a.m. on January 31, 2011 through 11 :59 p.m. on June 30, 2014.

(B)

Not later than January 2, 2014, the MANAGER shall advise the COUNCIL, in writing, whether he will agree to a successor contract and his proposed terms for a successor contract. Not later than June 30, 2014, the COUNCIL and the MANAGER shall have agreed on the terms of a successor contract. Unless

otherwise mutually agreed, in writing, failure by the parties to approve a successor contract by that time shall serve as effective notice of each party to the other that there will be no successor contract, and all obligations of the parties, one to the other, except as may be set forth in this Contract which specifically survive the termination of this Contract, shall cease with the expiration of this Contract. (C)

The COUNCIL and the MANAGER may, by written amendment to this Contract, extend the term of this Contract or any provisions stated herein at any time, but in no event shall the term of the Contract exceed three (3) years.

•

SECTION III (A)

SALARY; OTHER COMPENSATION

The TOWN agrees to pay the MANAGER for his services rendered pursuant to this Contract a salary of $149,000.28 ("Base Salary") for each year ("Contract Year(s)") of the Contract Term, payable in weekly installments of $2,865.39 excluding any payments made in accordance with other provisions stated herein of this Contract.

(B)

The COUNCIL may change the Base Salary, as set forth in this Section III, as well as any other terms and conditions of employment as set forth in Sections IV, V, and VI of this Contract, for subsequent Contract Years in such an amount as the COUNCIL and the MANAGER may determine. Each Contract Year, the MANAGER shall meet with the COUNCIL at least sixty (60) days prior to the anniversary date of that Contract Year for the purpose of considering any changes to the MANAGER'S Base Salary, and/or other terms and conditions as set forth in Sections IV, V, and VI of this Contract. Any such changes shall be in the form of a written amendment to this Contract, and approved by the COUNCIL and the MANAGER. Such amendment, however, shall not, unless otherwise specifically approved in writing, extend the Contract Term.

SECTION IV IA)

HOLIDAYS; VACATION/SICK LEAVE; VEHICLE ALLOWANCE

The MANAGER shall be entitled to

~aid

legal holidays

vacation and

personal compensation time on the same basis as other non-bargaining unit management employees of the TOWN. (B)

The MANAGER shall be credited with an accruing vacation leave allowance of 20 days annually. Said vacation allowance shall coincide with the TOWN'S fiscal year (7/1-6/30). The period prior thereto shall be prorated accordingly (9 days).

No carryover of additional vacation days accrued pursuant to the

qgreement is permitted unless approved by the COUNCIL. (C)

During the term of this Contract, the MANAGER may accrue sick days on a pro rata basis equal to 15 days per year with a maximum of 120 days. No additional sick days is permitted, unless approved by the COUNCIL. Unused sick days shall be considered waived and unredeemable upon the termination of

this

contract

and/or

Manager's

termination

from

employment.

Notwithstanding the provisions stated herein, Manager shall be entitled to six (6) sick days for the period of February 1, 2011 and June 30, 2011. Thereafter, the Manager shall begin accruing the pro rated 15 days per year described herein. (0)

The MANAGER shall be entitled to a vehicle allowance in the amount of $250.00 per month. The Council may change the vehicle allowance as set forth in Section III (B).

SECTION V -INSURANCE: RETIREMENT

(A)

The TOWN shall provide for life insurance on the life of the MANAGER in an amount equal to one year of his annual salary.

Manager shall have the

option, if available, to increase this coverage amount at his personal expense on the same basis as is provided other non-bargaining unit management employees of the TOWN. (B)

The TOWN shall provide the MANAGER and his dependents with health insurance on the same basis as is provided to other non-bargaining unit management employees of the TOWN.

(C)

The TOWN shall enroll the MANAGER in the M.E.R.S. Part B Retirement ProQram as administered by the State of Connecticut.

SECTION VI -

(A)

PROFESSIONAL DEVELOPMENT

The TOWN agrees to pay, in the amounts presently provided in the TOWN'S annual operating budget, for the professional dues and subscriptions of the MANAGER reasonably necessary, as determined by the TOWN, for the MANAGER'S continuation and reasonable participation in national, regional,

state, and local associations and organizations necessary and desirable for the MANAGER'S continued professional participation, growth, and advancement,

and for the good of the TOWN. (B)

The TOWN hereby agrees to pay, in the amounts provided in the TOWN'S annual operating budget, reasonable travel and subsistence expenses of the MANAGER for professional and official travel, meetings, and occasions

reasonably adequate to continue the professional development of the

..

MANAGER, and to adequately pursue necessary official and other functions

for the TOWN, including, but not necessarily limited to, the Annual Conference

of

the

International

City

Management

Association,

the

Connecticut Town and City Managers' Association, and the Government Finance Officers Association (G.F.OA) or similar educational opportunities. SECTION VII- RESIDENCE IN SOUTHINGTON

(A)

The MANAGER shall be required to be a resident of the Town of Southington during the term of this Contract or any extension thereof.

(B)

The Town shall reimburse the MANANGER for all documented relocation expenses for him and his immediate family in an amount not to exceed fifteen thousand ($15,000.00) dollars.

SECTION VIII-INDEMNIFICATION

(A) The TOWN shall provide such defense and/or indemnification to the MANAGER as is properly afforded to municipal officials and employees under the Connecticut General Statutes, as amended.

SECTION IX (A,

TERMINATION; SEVERANCE; SUSPENSION; INCAPACITY

Thp

MANA~J=R c::h~11

hp

~n "~t-\Mill"

pmnlrl\lpp c::pn,inr1 - . . ·1-' - J - ····v I

-

_.

~t

thp

_. - _.. -

nlp~C::llrp

1-' -

_. -

-_.

-

rlf thp -' -".­

COUNCIL. Nothing in this Contract shall prevent, limit, or otherwise interfere

with the right of the COUNCIL to terminate this Contract at any time, without cause, with sixty (60) days advance written notice to the MANAGER. Any such action by the COUNCIL shall be final. (B)

Nothing in this Contract shall prevent or otherwise interfere with the right of the MANAGER to resign from his position as MANAGER, without cause, with ninety (90) days advance written notice to the COUNCiL.

(C)

In the event the

MANAGER

misfeasance, malfeasance,

is terminated

for reasons

other than

nonfeasance, substantial neglect, inefficiency,

gross neglect in the performance of his duties. the conviction or plea of Nolo Contendere of a felony or crime involving moral turpitude or dishonesty in office during the term of this Contract or other due and sufficient cause, the

MANAGER shall be entitled to severance pay equal to four (4) months' salary, payable, at the TOWN'S option, as a lump sum or over a period of four (4) months. The MANAGER hereby agrees that the acceptance of such severance pay shall act as a release of any and all claims the MANAGER may have in connection with this Contract. In addition, the MANAGER shall receive health insurance, life insurance, and pension benefits on a pro rata basis for such four (4) month period. Regardless of the cause of termination, the MANAGER shall also be entitled

(D)

to be paid for unused accrued vacation. No other payments shall be due the MANAGER for termination provided

(E)

herein. The COUNCIL may suspend the MANAGER for cause at any time during the

(F)

term of this Contract, upon a majority vote of the COUNCIL. The COUNCIL shall advise the MANAGER of its reasons for the suspension. The COUNCIL shall relieve the MANAGER of duty if it finds, based upon

(G)

medical, psychological and other relevant evidence, by a majority vote or by agreement with the MANAGER, that the MANAGER is unable to perform the essential functions of his position with reasonable accommodation because of dlsaDlllty, sicKness, aCCident, Injury, mental Incapacity, or Impairment ot health. In such instances, the absence will be without pay except for available vacation leave, sick leave, or if the MANAGER qualifies for disability income, as provided for in Section V(c) of this Contract.

SECTION X -

GENERAL

(A)

The text herein shall constitute the entire agreement between the parties.

(8)

This Contract shall be binding upon the parties hereto, their heirs at law, and successors.

(C)

This

Contract

shall

become

effective

commencing

at

12:00

a.m.

on

January 31, 2011. (D)

If any provision, or any portion thereof, contained in this Contract is held to be

Unconstitutional, invalid, or unenforceable, the remainder of this Contract, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. (E)

All modifications of this contract shall be in writing.

.!SECTION XI -

NOTICES

Any notices required to be served by one party to the other under this Contract shall be sent by certified mail, return-receipt requested to the following addresses: Town Council Chairman Edward S. Pocock III Town of Southington

Town Manager Garrison C. Brumback Town of Southington

75 Main Street Southington, CT 06489

75 Main Street Southington, CT 06489

~1b

Signed by Garrison C. Brumback at Baytown, Texas, this.".;{l_ da of December, 2010.

Signed by the Edward Pocock III of the Town of Southington at Southington, Connecticut, ~ this LI "'"day of QeGember, 201~.B /~S

~

~ :r-'i-wt."r! Approved as to form this Lday of Decem-be, 201; by Louis J. Martocchio, Assistant

Town Attorney.

=