HomeMy WebLinkAbout21-074 - ADMIN Resolution - City Council - 2021/07/06Resolution No. 21-074
Resolution appointing Kimberly R. Keller as city manager
and approving employment agreement
Whereas, on June 21, 2021, the city council directed staff to make an offer of
employment to Kimberly R. Keller as city manager for the City of St Louis Park, MN contingent
on an approved contract, and
Whereas, the city council recognizes they have the authority to appoint a city manager
as determined by the city charter; and
Whereas, after review and consideration, the city council wishes to appoint Kimberly R.
Keller as city manager and confer upon that position all authority granted to the position of city
manager under state statute, city charter, city ordinance, city resolution, regulations and law;
Now therefore be it resolved that the city council of the City of St. Louis Park:
1. Appoints Kimberly R. Keller to the position of city manager, with all the authority and
responsibility of the position as provided by state statute, city charter, city ordinance,
city resolution, regulations and law; and
2. Approves execution of the employment agreement (Appendix A attached), terms
effective August 16, 2021; and
3. As city manager, Ms. Keller is conferred full authority to conduct financial transactions
on behalf of the city.
Reviewed for administration: Adopted by the City Council on July 6, 2021
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
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Appendix A: EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this _6th_ day of __July__, 2021, by and
between the CITY OF ST. LOUIS PARK, a political subdivision of the State of Minnesota (the
“City”), and __Kimberly R. Keller___ (the “Manager”).
IN CONSIDERATION OF THE TERMS AND CONDITIONS CONTAINED HEREIN, THE PARTIES
AGREE AS FOLLOWS:
1. POSITION. The City agrees to employ Kimberly R. Keller as its City Manager to
serve in accordance with state statutes, City ordinances and the Code of Ethics of the
International and Minnesota City/County Management Associations, and to perform such other
legally permissible and proper duties and functions as the City Council shall from time to time
assign. Manager’s first day of employment is anticipated to be August 16, 2021 but may be
modified by agreement of both parties.
2. PENSION PLAN. The City shall contribute to PERA as required by State law for the
Manager.
3. SALARY. The City shall pay the Manager a salary of $180,000 per year, less
applicable taxes, payable in equal installments at the same time as the City pays its other City
employees. The City and Manager agree that an initial performance review will be conducted
on the Manager after six (6) months. The City agrees to consider an increase in compensation
to the Manager dependent upon the results of the performance evaluation. After completion of
each subsequent year of this Agreement, the City may conduct an annual review of the
Manager’s performance. The base salary and/or benefits for calendar year 2023 and
thereafter, shall be set when salaries are established for other non -union employees.
4. SENIORITY. For purposes of employment benefits such as leave accrual, the
Manager will be credited with having completed 13 years of employment with the City upon
their first day of employment (earning at the 14-year level of flex leave, 33 days/year).
5. FLEX LEAVE. Effective upon the Manager’s first day of employment, the Manager
shall be credited with 80 hours of accrued flex leave. In addition, the Manager shall accrue flex
leave in accordance with the City's personnel policies, beginning at the 6th level of accruals per
policy (33 days/year).
6. HOLIDAYS. The City shall provide the Manager the same holidays as enjoyed by
other non-union employees.
7. GENERAL INSURANCE. The City shall provide the Manager the same group
hospital, medical, dental, life and disability insurance benefits as provided to all other non -
union employees.
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8. DEFERRED COMPENSATION: The Manager may participate in deferred
compensation programs offered by the City and receive employer contributions (if eligible) on
the same basis as other non-union employees of the City.
9. DUES AND SUBSCRIPTIONS. The City shall budget and pay the professional dues
and subscriptions for the Manager which are deemed reasonable and necessary for the
Manager’s continued participation in national, regional, state and local associations necessary
and desirable for the Manager’s continued professional participation, growth and
advancement.
10. PROFESSIONAL DEVELOPMENT. The City shall budget and pay necessary and
reasonable registration, travel and subsistence expenses of the Manager for professional and
official travel, meetings and occasions adequate to continue the professional development of
the Manager and to adequately pursue necessary official and other committees thereof which
the Manager serves as a member. The Manager shall use good judgment in their outside
activities so they will not neglect their primary duties to the City.
11. CIVIC CLUB MEMBERSHIP. The City recognizes the desirability of representation
in and before local civic and other organizations. The Manager is authorized to become a
member of such civic clubs or organizations as deemed appropriate by the Manager and City;
and at the City’s expense.
12. AUTOMOBILE. The Manager shall be paid a monthly allowance of $500 for use of
their personal automobile for City business.
13. GENERAL EXPENSES. The City shall reimburse the Manager reasonable
miscellaneous job-related expenses which it is anticipated the Manager will incur from time to
time when provided appropriate documentation.
14. HOURS OF WORK. It is understood the position of City Manager requires
attendance at evening meetings and occasionally at weekend meetings. It is understood by the
Manager that additional compensation and compensatory time shall not be allowed for such
additional expenditures of time. It is further understood that the Manager may absent
themselves from the office to a reasonable extent in consideration of extraordinary time
expenditures for evening and weekend meetings at other than normal working hours.
15. OUTSIDE EMPLOYMENT/CONSULTING/TEACHING. The Manager may not engage
in any other employment while employed by the City, on either a full-time or part-time basis that
creates a conflict of interest, either directly as an employee, independent contractor or through a
corporation or other entity.
16. TERMINATION BENEFITS. In the event the Manager is terminated by the City
during such time that Manager is willing and able to perform the duties of City Manager, then
in that event, the City agrees to pay the Manager at the time of receipt of their last paycheck a
lump sum cash payment equal to six months aggregate salary and to continue to provide and
pay for the benefits set forth in paragraph 7 for a period of six months following termination.
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However, in the event Manager is terminated because of their malfeasance in office, gross
misconduct, conviction for a felony, or conviction for an illegal act involving personal gain to
Manager, then the City shall have no obligation to pay the termination benefits.
If the City at any time during the employment term reduces the salary or other financial
benefits of Manager in a greater percentage than across-the-board reduction for all non-union
employees, or if the City refuses, following written notice, to comply with any other provisions
of this Agreement benefiting Manager or Manager resigns following a formal suggestion by the
City that they resign, then Manager may, at their option, be deemed to be "terminated" on the
effective date of Manager’s resignation and the Manager shall also be entitled to receive the
termination benefits set forth above.
If the Manager voluntarily resigns their position with the City, the Manager agrees to give the
City thirty (30) days advance notice. If the Manager voluntarily resigns their position with the
City, there shall be no termination pay due to the Manager.
17. INDEMNIFICATION. Employer shall defend and indemnify Employee pursuant to
Minn. Stat. §466.07 and §465.76. In addition, Employer shall defend, hold harmless, and indemnify
Employee from all torts; civil damages, penalties, and fines; violation of statutes, laws, rules, and
ordinances, provided the Employee was acting in the performance of the duties of the position.
18. GENERAL CONDITIONS OF EMPLOYMENT. Nothing in this Agreement shall
prevent, limit or otherwise interfere with the right of the City to terminate the services of the
Manager at any time, for any reason, subject only to the provisions of this Agreement and
statutory requirements. Furthermore, nothing in this Agreement shall prevent, limit or
otherwise interfere with the right of the Manager to resign at any time from their position with
the City, subject only to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have caused the execution of this Agreement the day and
year stated above.
FOR THE CITY OF ST. LOUIS PARK:
Mayor City Manager
Attest:
City Clerk (seal)
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