SUBJECT:
Title
A Resolution of the Town Council of the Town of Erie Approving the Fifth Amendment to the Employment Agreement with Town Manager Malcolm Fleming to Increase the Compensation
Body
DEPARTMENT: Town Manager
Department
PRESENTER(S): Malcolm Fleming, Town Manager
First Name Last Name, Title
FISCAL SUMMARY:
Cost as Recommended: $13,161.10 (Increase in Salary)
$264,202 (Total Annual Compensation: Salary ($229,271), Deferred Retirement Compensation ($34,391), and Cell Phone Stipend ($540))
Balance Available: $835,409
Budget Line Item Number: 100‐20‐110‐500000 and 100‐20‐110‐501000
New Appropriation Required: No
POLICY ISSUES:
Providing competitive compensation and applying the same market and merit percentage increases to the Town Manager as are applied to other Town employees who receive a satisfactory performance evaluation.
STAFF RECOMMENDATION:
Recommendation
Approve the Resolution.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
On January 8, 2019, the Board of Trustees approved an Employment Agreement with Malcolm Fleming to serve as Town Administrator. The Home Rule Charter approved by Erie voters in 2023 changed the title of the Board of Trustees to Town Council and the title of Town Administrator to Town Manager. The Council has approved amendments to the initial agreement four times since then providing for compensation increases for Fleming. The Agreement outlines the terms under which Fleming accepted employment and the Council appointed Fleming as Town Manager. Among the terms is the requirement for the Board of Trustees to evaluate Fleming’s performance.
In accord with those provisions, in December 2023, Council members and Department Directors responded to a survey evaluation of Fleming’s performance on multiple factors relating to Individual Characteristics, Professional Skills, Relationship with Council, Policy Execution, Information Sharing, Resident Relations, Staffing, Supervision, Fiscal Management, and Community Engagement.
Based on the results of that survey, and discussion of Fleming’s overall performance, the Council directed Fleming to prepare for Council consideration an amendment to the Employment Agreement reflecting Fleming’s request to receive the same percentage salary increase applicable to other Town employees who receive a satisfactory performance evaluation; a 3% market adjustment effective with the first pay period of 2024, which started December 17, 2023, and a 3% merit adjustment, effective on the employee’s anniversary date. Fleming’s fifth anniversary serving as Town Manager is January 9, 2024.
The attached documents include the proposed Employment Agreement reflecting these changes as well as the current Employment Agreement. Other than language to implement the dates and salary increases, change references from “Town Administrator” to “Town Manager”, and clarify provisions concerning retirement payments, all other terms of the Agreement remain identical.
TOWN COUNCIL PRIORITY(S) ADDRESSED:
ü Attractive Community Amenities
ü Engaged and Diverse Community
ü Prosperous Economy
ü Well-Maintained Transportation Infrastructure
ü Small Town Feel
ü Safe and Healthy Community
ü Effective Governance
ü Environmentally Sustainable
ü Fiscally Responsible
ATTACHMENT(S):
1. Resolution
2. Proposed Employment Agreement
3. Existing Employment Agreement