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Town of Erie
File #: 20-135    Version: 1 Name:
Type: General Business Status: Agenda Ready
File created: 2/19/2020 In control: Town Council
On agenda: 2/25/2020 Final action:
Title: A Resolution of the Board of Trustees of the Town of Erie Approving the First Amendment to Employment Agreement with Town Administrator Malcolm Fleming, to Increase the Compensation and Adjust Other Benefits
Attachments: 1. Fleming 1st Amend-R021920, 2. Employment Agreement - Fleming - 02-25-2020 Partially Executed, 3. Employment Agreement - Fleming - 01-08-2019, 4. 2020.02.06 Memo re Performance Evaluation, 5. Compensation Comparables 2019 Current & 2020 Proposed

SUBJECT:

A Resolution of the Board of Trustees of the Town of Erie Approving the First Amendment to Employment Agreement with Town Administrator Malcolm Fleming, to Increase the Compensation and Adjust Other Benefits

 

DEPARTMENT: Administration

 

PRESENTER: Malcolm Fleming, Town Administrator

 

 

FISCAL INFORMATION:

Cost as Recommended: $16,896

Balance Available: $402,200

Budget Line Item Number: 10020110500000 and 10020110501000

New Appropriation Required: No

Costs will include $7,040 for the salary increase, and up to $9,856 for the Town’s match for the retirement contribution, depending on the amount contributed to the Town of Erie Savings Plan by the employee.

 

STAFF RECOMMENDATION:

Resolution approving the first amendment to the Employment Agreement with Town Administrator Malcolm Fleming to increase the compensation and adjust other benefits.

 

SUMMARY AND BACKGROUND OF SUBJECT MATTER:

On January 8, 2019, the Board of Trustees approved an Employment Agreement with Malcolm Fleming. That Agreement outlines the terms under which Fleming accepted employment and the Board of Trustees appointed Fleming as Town Administrator.  Among the terms in that Employment Agreement is the requirement for the Board of Trustees to evaluate Fleming’s performance. In accord with those provisions, the Board conducted performance evaluations on June 4, 2019, October 22, 2019, and most recently, on February 11, 2020.

 

Based on the Board’s February 11 evaluation of Fleming’s performance over the past year, the Board asked Fleming to prepare for Board consideration proposed amendments to the Employment Agreement to implement a 4% salary increase, and to include Fleming in the Town’s retirement plan available to other Town employees. The Town’s retirement plan, known as the “Town of Erie Savings Plan”, is a 401a plan under which the Town matches employee pre-tax contributions into the plan up to 5% of the employee’s salary. 

 

The attached documents include the current and the proposed Employment Agreement reflecting the proposed salary increase and inclusion in the Town’s retirement plan. Other than language to implement those two changes in terms, and to eliminate the requirement for quarterly performance evaluations (but retain semi-annual evaluations), the terms of the Agreements are consistent.  

 

Also attached is a memo from Administrator Fleming to the Board regarding performance over the past year and compensation relative to other Town Administrators/City Managers.  Finally, also attached is a summary comparison of total compensation for Administrators/Managers who lead cities and towns on the Front Range. This comparison consists of jurisdictions the Town includes in compensation comparisons for other Town employees, and for which compensation information is publicly available.  This comparison reflects both Fleming’s current compensation and the proposed compensation.

 

ATTACHMENTS:

1.                     Resolution

2.                     Proposed Employment Agreement

3.                     Existing Employment Agreement

4.                     February 6, 2020 Memo RE Town Administrator’s Annual Review

5.                     Town Administrator Compensation Comparison