Brian Townsend's contract and communications with the St. Charles City Council

Follow-up from meeting todayBrian Townsend to: Ray Rogina 04/12/2013 03:51 PM

Ray,

Thanks again for your time today. It was a very good conversation and I believe we are on the same page on the approach to many of the important issues facing our community. I look forward to working with you.

As I indicated at the end of our conversation, I am providing you with a copy of my current employment agreement. I call your attention to Section II (A) and (B) that indicates the term of the agreement runs through Tuesday, May 7th, and can be extended for an additional 30-day period.

Subject to your approval, I propose that the current agreement be extended to June 7, 2012. Furthermore, I propose that a new agreement be approved that would have an effective date of June 3, 2013 and conclude on the day that the Mayor elected in April, 2017 takes office.

Have a great weekend.

Sincerely,

townsend_agrmnt_final.pdftownsend_agrmnt_final.pdf

Brian Townsend | City Administrator2 E. Main Street, St. Charles, IL 60174-1984phone: 630.377.4425 | fax: 630.377.4440 | [email protected]___________________________________

CITY OF ST CHARLES, ILLINOIS

Re: Follow-up from meeting todayRay Rogina to: Brian Townsend 04/13/2013 05:41 PM

Brian

I have several questions to pose regarding the agreement and procedure. Could we meet Monday before the Council meeting?

Ray Rogina | Alderman Ward 32 E. Main Street, St. Charles, IL 60174-1984phone: 630.377.3555 | [email protected]___________________________________


-----Brian Townsend/CA/COSC wrote: -----To: Ray Rogina/CA/COSC@COSCFrom: Brian Townsend/CA/COSCDate: 04/12/2013 03:51PMSubject: Follow-up from meeting today

Ray,

Thanks again for your time today. It was a very good conversation and I believe we are on the same page on the approach to many of the important issues facing our community. I look forward to working with you.

As I indicated at the end of our conversation, I am providing you with a copy of my current employment agreement. I call your attention to Section II (A) and (B) that indicates the term of the agreement runs through Tuesday, May 7th, and can be extended for an additional 30-day period.

Subject to your approval, I propose that the current agreement be extended to June 7, 2012. Furthermore, I propose that a new agreement be approved that would have an effective date of June 3, 2013 and conclude on the day that the Mayor elected in April, 2017 takes office.

Have a great weekend.

Sincerely,

(See attached file: townsend_agrmnt_final.pdf)



[attachment "townsend_agrmnt_final.pdf" removed by Ray Rogina/CA/COSC]

Re: Follow-up from meeting today Brian Townsend to: Ray Rogina 04/14/2013 07:45 PM

Sure thing. I have meetings at 9:30-10:30 and 2-3 tomorrow. Otherwise, I am available.

Typically, the process has included 7 main steps:

1. contract terms proposed2. review of proposed terms by the Mayor3. review/consultation between Mayor and Kathy Livernois (to check comparable communities and ensure terms are fair/reasonable)4. contract document is reviewed by legal counsel5. contract document reviewed with City Council in executive session6. contract document approved by City Council7. contract document executed by Mayor and City Administrator

I was hoping that we could move this along quickly so that final approval can take place on May 6th.



Employment AgreementBrian Townsend to: jmc 04/17/2013 11:54 AMCc: Ray Rogina, Kathy Livernois

John,

Attached is a copy of my existing employment agreement.

I previously proposed to Ray that the current agreement be extended to June 7, 2013. I understand that City Council approval of this will be necessary on May 6, 2013.

Furthermore, I proposed that a new agreement be considered that would have an effective date of June 3, 2013 and conclude on the day that the Mayor elected in April, 2017 takes office. In other words, I am seeking a renewal of the current agreement for a 4-year period upon the same terms and conditions. City Council consideration of this renewal could be done prior to June 7th.

My interpretation of the agreement is that the agreement will expire as of May 7, 2013, unless it is extended or renewed. Furthermore, if the agreement is not extended or renewed, then the agreement calls for my employment with the City to terminate and severance to be paid.

As we discussed, Ray has asked that you review the document and provide legal advice to him on how to proceed. I understand that you will be discussing this further with Ray. I will advise Kathy Livernois of the current status and will request that she work with you and Ray on any issues from here.

Finally, the City of St. Charles will accept responsibility for any legal fees required as part of your review and involvement in this process. Kathy Livernois will assist with processing any invoices for payment.

John, thank you for your attention to this matter and I look forward to working with you and Ray to extend my employment with the City.

Sincerely,

townsend_agrmnt_final.pdf



Severance - counterBrian Townsend to: Ray Rogina 05/23/2013 09:44 AM

Ray,

Here is a proposed counter on the issue of severance.

I'll give you a call later today to discuss.

If City Administrator is terminated without cause on or before May 3, 2016, or is not reappointed in May, 2014, May, 2015, or May, 2016, Severance Pay shall be paid in an amount equal to the payment of salary and benefits for a period of 12 months.

If the Mayor gives written notice to City Administrator after May 3, 2016, but before May 10, 2016, that the agreement will be permitted to expire, then no Severance Pay shall be paid and such notice shall serve as the City’s direction to the City Administrator to seek alternative employment.

If written notice is not provided and City Administrator is terminated without cause after May 3, 2016, the agreement expires, or the agreement is not renewed or extended on same or similar terms in May, 2017, then Severance Pay shall be paid equal to the payment of salary and benefits for a period of 6 months plus 1 week for each full year of service.



Documents

Brian Townsend's contract and communications with the St. Charles City Council