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Topic: PSA, Resolution & Employment Agreement 4-20-12

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00SL2
F L I N T O I D

Citizens of Flint were duped. Resolution for Public Safety Administrator states $135,000 salary and minimal fringe benefits. The resolution states a resume and the employment agreement are attached but the PDF file on the EFM's page has neither. The employment agreement was actually just provided by mlive, and it provides for considerable benefits ! With his many years of experience, isn't Employee by now entitled to Medicare? The Resolution and Employment Agreement are copied below. Reading them makes me even more doubtful of the competency of EFM and whomever prepared the documents.

CITY OF FLINT EFM RESOLUTIONS
http://www.cityofflint.com/FinancialMgr/public/eorder.asp
------------------------------------------------------
EM SUBMISSION NO.: 2012EM211
PRESENTED: 4-20-12
ADOPTED:4-20-12

BY THE EMERGENCY MANAGER:

RESOLUTION AUTHORIZING ENTERING INTO AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF FLINT AND BARNETT JONES


The City of Flint has significant public safety issues that require immediate attention; and Barnett Jones is uniquely qualified to assist the City in addressing those public safety concerns, see attached resume; and

In order to provide essential public safety services, the Emergency Manager has determined it would be advantageous for the City to employ the services of Barnett Jones as Public Safety Administrator; and

The duties of the Public Safety Administrator shall be pursuant to the attached Employment Agreement, and any other duties that may be required by the Emergency Manager; and

The Employment Agreement shall be effective beginning on April 23, 2012, and ending on April 23, 2015, inclusive; and

Compensation shall be at the annual salary of $135,000.00, with Mr. Jones’ wages being drawn from appropriated funds to be identified by the Emergency Manager. Mr. Jones shall be paid in biweekly installments and subject to customary withholdings; but, Mr. Jones shall receive limited fringe benefits.

IT IS RESOLVED, that the Emergency Manager shall, on behalf of the City of Flint, enter into an Employment Agreement with Barnett Jones commencing April 23, 2012, and ending April 23, 2015. Agreed upon compensation is an annual salary of $135,000.00, with limited fringe benefits. Compensation shall be drawn from appropriated funds to be identified by the Emergency Manager. Further, Mr. Jones’ appointment in this capacity is subject to the parameters set forth above and within the Employment Agreement attached hereto.

APPROVED AS TO FORM:
s/Peter M. Bade, City Attorney

APPROVED AS TO FINANCE:
s/Gerald Ambrose, Finance Director

EM DISPOSITION:
ENACT ✓
FAIL ____

DATED: 04-20-12
s/Michael K. Brown, Emergency Manager

S:\P. Bade\EM2011\Resolutions\COF Staff\BarnettJonesEmpAgmtReso4.20.12.DOC
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Source: http://www.cityofflint.com/FinancialMgr/public/eorder.asp
Note: The employment agreement referenced is NOT ATTACHED to this PDF Resolution obtained from the City of Flint website. It is provided below from different source.
______________________________________________________________________

EMPLOYMENT AGREEMENT BETWEEN THE CITY OF FLINT AND BARNETT JONES

Barnett Jones (herein after “Employee”) agrees to perform the duties described in this Agreement, and the City of Flint (hereinafter “the City”) accepts such services upon the terms and conditions set forth in this Agreement.

I. TERM

The term of this contract shall be for 3 years, beginning on April 23, 2012, and ending April 23, 2015.

II. DUTIES

Employee shall hold the title of Public Safety Administrator and report to the Emergency Manager or Mayor. Employee shall perform duties and responsibilities as directed by the Emergency Manager or Mayor and as required by law and pursuant to Flint City Charter. As Public Safety Administrator, employee will be responsible for the direction, management and administration of the City’s safety services including police, fire, communications, detention and related services. It is the intent of the parties that employee will exercise broad powers in restructuring any or all of these operations to increase the efficiency, effectiveness and utility of these operations for the benefit of the citizens of Flint. Employee will consult with the Emergency Manager or Mayor regularly to obtain input and direction regarding Safety Services and proposed changes and improvements.

III. COMPENSATION

Employee shall receive an annual salary of $135,000.00. This salary shall be payable in regular timely installments, in the same manner as other employees of the City of Flint are paid.

IV. BENEFITS

Employee shall be provided with life insurance and disability insurance. Employee shall also accrue annual leave at the rate of 20 days per year. At the start of employment, 80 hours of annual leave will be available for Employee’s use. Employee shall accrue sick leave at the same rate as the current Chief of Police. Employee will also have the use of an unmarked vehicle and laptop for emergency response for 24 hours/day. Employee will be provided a cell phone stipend for use of personal cell phone for City business. Employee will be provided an allowance for uniform, equipment, and maintenance at the same level as the current Chief of Police. The City will provide protective vest and first issue of uniform. Finally, the City will pay dues for up to two memberships in job related professional organizations annually and will pay for up to two out of state professional development trips and one in-state professional development trip.

V. TERMINATION

The Employee must provide the City written notice of his resignation 30 days in advance. The Employee’s appointment may be terminated by the City for any reason, without further obligation by either party. Employee is an at-will employee serving at the pleasure of the Emergency Manager or Mayor as provided by law and charter. However, should Employee be terminated for less than good cause, he will be provided 6 months of severance pay, the equivalent of one-half his annual salary.

VI. DISPUTE RESOLUTION

All disputes, controversies, or claims arising out of, in connection with, or relating to this Agreement or any breach or alleged breach of the Agreement shall be submitted to and settled by arbitration in the State of Michigan under the rules then in effect of the American Arbitration Association. The parties specifically agree to arbitration with the other party in a joint proceeding for all common issues and disputes. This Agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law.

Notice of the demand for arbitration shall be filed, in writing, with the other party to this agreement. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question arose when the party asserting the claim should reasonably have been aware of it, but in no event later than one (180) days after the claim arose.

The parties may elect to be represented by an attorney or other representative of their choice. Each party shall have the right to prehearing discovery in the time and manner provided by the then-applicable Michigan Court Rules. Each party also shall have the right to subpoena witnesses and documents for the arbitration hearing.

The arbitrator shall have no power to add to, subtract from, or alter the terms of this Agreement, and shall render a written decision setting forth findings and conclusions only about the claims or disputes at issue. The expenses of any arbitration shall be born by the respective parties and each party shall pay for and bear the costs of its own experts, evidence, and counsel fees. However, if any party prevails on a statutory claim, the arbitrator may award reasonable costs and fees, including the portion of the arbitrator’s fees paid by the party, and attorney fees to the prevailing party in accordance with such statute.

Any award by the arbitrator shall be final and conclusive upon the parties and a judgment may be entered in the highest court for the forum, state or federal, having jurisdiction.

VII. ASSIGNMENT PROHIBITED

This Agreement is personal to each of the parties and neither party may assign or delegate any of its rights or obligations under this Agreement without first obtaining the other’s written consent.

VIII. MISCELLANEOUS

A. This Agreement contains all of the terms and conditions of the contractual relationship between the parties, and no amendments or additions to this Agreement shall be binding unless they are in writing and signed by the parties.

B. This Agreement shall be binding upon the parties, their legal representatives, successors, and assigns.

C. This Agreement abrogates and takes the place of all prior agreements or understandings that may have been made by the parties.

IX. GOVERNING LAW

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Michigan.

X. SEVERABILITY

The invalidity of all or any part of any sections, subsections, or paragraphs of this Agreement shall not invalidate the remainder of this Agreement or the remainder of any paragraph or section not invalidated unless the elimination of such subsections, sections, or paragraphs shall substantially defeat the intents and purposes of the parties.

XI. DEFENSE AND INDEMNIFICATION

City agrees to defend, indemnify and hold harmless Employee for and against any and all claims made against Employee in the course of Employee’s performance and duties as specified in Flint City Ordinance 3580.

EMPLOYEE: s/Barnett Jones
Dated: April 23, 2012

CITY OF FLINT: s/Michael K. Brown, Emergency Manager
Dated: April 20, 2012
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Source: http://media.mlive.com/newsnow_impact/other/barnett-jones-flint-contract.pdf
Contained in article:
Contract for ex-Flint public safety head BarnettJones did not bar second job
http://www.mlive.com/news/flint/index.ssf/2013/01/contract_for_barnett_jones_res.html
Post Sat Jan 12, 2013 12:44 am 
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