AGREEMENT BETWEEN
THE TOWN OF MIDDLEBOROUGH and
STEVEN M. DOONEY
Whereas, the Town of Middleborough, acting by and through the Board of Selectmen, (hereinafter the "Town"), and Steven M. Dooney, (hereinafter, "Dooney"), are desirous of entering into an employment agreement pursuant to the provisions of G.L.Chapter 41, section 108N;
Whereas, the Town-desires to employ Dooney as the Town Accountant pursuant to the
authority granted to the Board of Selectmen;
Whereas, Dooney, is willing to perform the duties of Town Accountant subject to the
terms and conditions of this agreement;
Now therefore, in consideration of the covenants and undertakings contained herein, the Town and the Town Accountant hereby agree that the following terms and conditions shall govern salary and fringe benefits payable under this agreement. Said salary and benefits shall be subject to appropriation by Town Meeting.
ARTICLE 1. TERM
A. This agreement shall be effective October 9, 2007 and shall remain in effect for three (3) years until October 9, 2010, unless sooner terminated as hereinafter provided. Thereafter this agreement may be extended as provided by its terms.
B. Nothing in this agreement or any statute pertaining to Town Accountants, including without limitation M. G. L. c. 41, § 55, shall prevent, limit, or otherwise interfere with the right of the Town to end its obligations under this agreement and terminate the services of Dooney for any reason and without having to meet a just cause standard during a six (6) month probationary period beginning October 9, 2007 and ending March 9, 2008.
C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of Dooney to resign at any time upon sixty (60) days' written notice to the Board of Selectmen.
ARTICLE 2. DUTIES
A. As set forth in Massachusetts General Laws, Chapter 41, Sections 55, 56, 57, 58,60 and 61, Dooney will, under the general direction of the Board of Selectmen, have full charge and responsibility for the operation and management of the office of Town Accountant.
B. Dooney will perform all of the duties set forth in the attached job description for the Town Accountant, which is incorporated by reference.
C. Dooney will provide all reports, accounts and documents reasonably necessary to complete the obligations of the Town Accountant.
D. Dooney will keep all town offices and departments advised of unexpended balances in the said appropriations.
E. Dooney will, at the close of each year, notify, in a timely manner,
the Board of Selectmen, by written memorandum, of the financial status of the Town as detailed in General Laws, Chapter 41.
F. Dooney will maintain a complete set of books for appropriations, expenditures, revenues, assessments and abatements.
G. Dooney will prepare review and submit all financial reports required by the
Department of Revenue, including Schedule A, Year End Balance Sheet, Audit Report, Quarterly Cash Reconciliation. Furthermore, Dooney will prepare annually, 5 year expenditure and revenue projections.
H. Dooney will perform all other duties not otherwise herein defined as may be
required by the position of Town Accountant by Middleborough Town Charter or as requested by the Board of Selectmen (as well as the Town Manager).
ARTICLE 3. INSURANCE
Dooney shall be eligible to enroll in the Town's health and life insurance programs in accordance with their terms. If he enrolls for health insurance, the Town will contribute up to 75 % (seventy five percent) of the monthly premium. He will be obligated to pay all other costs associated with the health insurance, including without limitation the balance of the monthly premium and any co-pays and deductibles. The Town will provide, at its expense, the standard life insurance that it provides other employees under M.G.L. c. 32B.
ARTICLE 4. COMPENSATION
A. The annual salary of the Town Accountant during the first year of the agreement shall be $75,000.00
B. Any increase in salary for the second and/or third years of the agreement shall be determined by the Board of Selectmen, subject to an annual performance evaluation and Town Meeting appropriation.
C. Dooney shall be entitled to any cost of living allowances that may be granted to any non-bargaining and/or collective bargaining agreement.
ARTICLE 5. HOURS OF WORK
A. Dooney's Town Accountant hours of work will consist of a 4 day work week and any additional hours reasonably necessary for him to faithfully perform the duties of the position, including but not limited to attendance at meetings, off site work via computer or telecommunications etc. as needed or required.
B. It is recognized that the Town Accountant position is exempt from federal and state statutory provisions governing hours of work and overtime.
ARTICLE 6.BENEFITS
All benefits shall accrue on a fiscal year basis.
A. Holidays--The Town Accountant shall be entitled to twelve (12) paid
holidays as follows:
New Year's Day
M.L. King Day
Presidents Day
Patriots Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving
Christmas
B. Vacation-Dooney shall be credited with (25) twenty-five days of vacation. During the completion of the six (6) month probationary period, up to two weeks vacation will be allowed. With advance request and approval of the Board of Selectmen, up to five days may be carried over to the next calendar year. Vacation time will be taken on a schedule that minimizes the disruption to the performance of the duties of Town Accountant.
C. Dooney shall be granted three (3) personal days, with pay, in each year of the agreement.
D. Dooney shall be granted five (5) days bereavement leave for immediate family members. Immediate family shall include spouse, parents, children, sibling, grandparents, grandchildren and in-laws. Vacation and/or personal days may be used if additional time is required and as approved by the Board of Selectmen.
E. Dooney shall be eligible for sick leave pursuant to the following schedule: Upon completion of the probation period, sick leave shall accrue at a rate of one and one-half (1 1/2) days per month, for a maximum of eighteen (18) days per calendar year. Unused sick leave may be accrued from year to year up to a maximum of 225 days. No compensation will be provided for unused sick leave.
ARTICLE 7. AUTOMOBILE EXPENSE
In accordance with the Town's Vehicle Use Policy, the Town shall reimburse Dooney at the prevailing per mile Town Rate.
ARTICLE 8. PROFESSIONAL DEVELOPMENT
Dooney will be allowed to attend any job-related conferences, meetings and seminars each year without a loss of vacation or other leave, and will be reimbursed by the Town for all reasonable expenses (including travel expenses) incurred while attending or traveling to the aforementioned, with the prior approval of the Board of Selectmen. Reimbursement will exclude all non-business related expenses.
ARTICLE 9. DUES AND SUBSCRIPTIONS
With the prior approval of the Board of Selectmen, the Town agrees to pay for Dooney's job-related professional dues and subscriptions for his continued participation in state and local associations and organizations necessary and desirable for his professional growth and advancement and for the good of the Town.
ARTICLE 10. DEATH DURING TERM OF EMPLOYMENT
If Dooney dies during the term of his employment, the Town shall pay to his estate, at such time as Town Meeting shall vote to appropriate, all the compensation which would otherwise be payable to him up to the date of death, including, but not limited to holidays, personal days, and unused vacation.
ARTICLE 11. SUSPENSION, DISCHARGE, ENDING TOWN'S OBLIGATIONS
In addition to its rights under the probationary period provisions set forth above, the Town may suspend without payor terminate Dooney' s employment, as well as end any of its obligations under this Agreement prior to March 1, 2010 for just cause, including without limitation the failure of Dooney to satisfactorily meet his obligations under this agreement.
A. Dooney shall be entitled to a hearing before the Board of Selectmen or its designee and the right to be represented by counsel, except that this shall only apply to suspensions without pay and/or a discharge.
B. Dooney may appeal any decision to suspend him without payor discharge him or to end the Town's obligations under the agreement to an arbitrator mutually selected by the Town and Dooney. Any appeal must be filed in writing thirty (30) days of Dooney's receipt of the Town's decision and it shall specify the grounds for the appeal. Failure to do so will result in a waiver of any appeal.
C. If Dooney and the Town are unable to agree, a labor/employment arbitrator will be selected and the issues decided under the procedures and rules of the American Arbitration Association pertaining to labor and employment disputes.
D. Dooney and the Town shall divide equally the costs of the arbitration, including the arbitrator's fees. Each side shall pay its own legal expenses.
ARTICLE 12. CONTRACT RENEWAL/TERMINATION
A. The term of this agreement shall be from October 9, 2007 throug October 9, 2010.
B. There will be an automatic extension of the agreement for a single, one year term, from October 9, 2010 through October 9, 2011, under the following conditions:
1. Between March 31, 2010 and April 30, 2010, Dooney notifies the Town in
writing that the March 31, 2010 automatic extension date for the agreement is approaching.
2. The Board fails to notify Dooney in writing by March 31, 2010 of its intention not to automatically extend the agreement at the end of its term. The notice may include a statement of the Board's willingness to attempt to negotiate a successor agreement without negating the notice of no automatic extension. Likewise, any subsequent negotiations shall not negate the notice of no automatic extension.
C. In the event that Dooney intends to resign voluntarily at any time following commencement of this original Agreement, he shall give the Town sixty (60) days' written notice in advance, unless the parties otherwise agree in writing. In such circumstances, Dooney shall only be
entitled to receive compensation due him up to the effective date of his resignation, including unused vacation leave.
ARTICLE 13~ GENERAL PROVISIONS
A. This Agreement is a Massachusetts contract and shall be governed by the
laws of the Commonwealth of Massachusetts. If any of the provisions of this Agreement shall be determined illegal by a court of competent jurisdiction, such provision shall be considered null and void and shall not be binding on the parties hereto. In such event, the remaining provisions of this Agreement shall remain in full force and effect.
B. This Agreement supersedes any and all prior written or oral agreements and constitutes the entire agreement between the parties. No extension or modifications or same shall be effective unless by an instrument in writing duly executed by the parties.
ARTICLE 14. NON-WAIVER
No addition to, alteration, modification or waiver of any of the terms or provisions of this Agreement shall be valid, binding, or of any force and effect unless it is made in writing and executed by the parties hereto. The failure by either party in one or more instances to observe or enforce any provisions of this Agreement shall not be construed to be a waiver of said provisions.
IN WITNESS WHEREOF, the parties hereunto set their hands and seal by their duly authorized representatives this 17th day of September 2007.
(emphasis mine, format slightly changed because of blog software)
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