Consent - Michelle A. Wolfe, City Manager
Title
Title
Police Chief Employment Terms and Benefits
end
Executive Summary
Council is asked to review and approve some changes to the employment terms and benefits for Public Safety Director/Police Chief Brian Podany.
Background
As recognition of appreciation for service to the City of Blaine, and of the demanding and challenging circumstances uniquely facing law enforcement professionals, the City wishes to offer additional employment benefits meant to supplement those provided in the initial offer letter to Chief Brian Podany when he was hired in October 2017.
Nothing proposed herein alters the at-will nature of the Chief’s employment or modifies any existing terms and conditions of employment other than those identified herein. These terms and benefits will be effective only after his acceptance of these terms and benefits.
Notice of Voluntary Resignation:
In the event that he voluntarily resigns his position with the City, he shall provide the City Manager with a minimum of six weeks’ notice, or any other notice as may mutually be agreed upon.
Involuntary Separation:
In the event that the City wishes to remove Chief Podany from the position of Public Safety Director/Police Chief for any reason other than Cause, it is agreed that in addition to benefits customarily offered to City employees at the time of separation, he will receive six (6) months’ severance pay based on his salary at the time of separation, without additional benefits, and in accordance with Minn. Stat. 465.722. Payments will be made in six equal monthly installments. In the event that he accepts a full-time position with another employer at any time during the six-month period, benefits will immediately cease.
For purposes of this severance offer, "Cause" shall mean:
1) a failure to perform duties of the Safety Services Manager/Police Chief other than any such failure resulting from incapacity due to physical or mental illness;
2) a failure to comply with any valid and legal directive of the City;
3) Engaging in conduct determined to be dishonest or illegal;
4) A conviction of or plea of guilty or nolo contendere to a crime that constitutes a felony (or state law equivalent) or a crime that constitutes a misdemeanor involving moral turpitude;
5) A violation of the City's written policies or codes of conduct, including written policies related to discrimination, harassment, performance of illegal or unethical activities, and ethical misconduct;
6) Disclosure of Confidential Information; and/or
7) Engaging in conduct that brings or is reasonably likely to bring the City negative publicity or into public disgrace, embarrassment, or disrepute.
Termination shall not be deemed to be for Cause unless and until a majority of City Council adopts a resolution and he is provided with an opportunity to be heard.
Tax treatment of Severance Payments: This severance clause is intended to comply with 409A or an exception thereunder and shall be construed and administered in accordance with 409A. Any payments under this Agreement that may be excluded from Section 409A either as separation pay due to an involuntary separation from service or as a short-term deferral shall be excluded from Section 409A to the maximum extent possible. For purposes of Section 409A, each installment payment provided under this Agreement shall be treated as a separate payment. The City has the ability to expedite installment payments for Section 409A compliance although it shall incur no liability should it choose to do so. Any payments to be made under this Agreement upon a termination of employment shall only be made upon a "separation from service" under Section 409A. Notwithstanding the foregoing, the City makes no representations that the payments and benefits provided under this Agreement (even if expedited) comply with Section 409A, and in no event shall the City be liable for all or any portion of any taxes, penalties, interest, or other expenses that may be incurred by the employee on account of non-compliance with Section 409A.
Professional Payments:
The City agrees to pay Chief Podany $200 per year towards professional fees associated with the Minnesota Police and Peace Officers Association. This amount will be paid after written request (electronic mail is sufficient) in January of each year. For year 2022, the City will make a retroactive payment upon his written acceptance of these changes.
Strategic Plan Relationship
This item is related to the Organizational Health Strategic Priority and the desired outcome of a well-trained workforce.
Board/Commission Review
N/A
Financial Impact
Approval of this motion will result in an annual expenditure of $200, and per certain specific criteria regarding termination, potential for a one-time severance payment.
Public Outreach/Input
N/A
Staff Recommendation
By motion, approve the granting of additional employment terms and benefits for Chief Podany and authorize the City Manager to implement the changes.