Fire Chief Employment Contract

THIS AGREEMENT is made and entered into on this day of , 20 , between , , a duly formed under ORS Chapter , hereinafter referred to as “Employer”, “City” or “District”, and , Fire Chief, hereinafter referred to as “Employee” or “Fire Chief”.

It is hereby agreed as follows:

Section I Employment

Employer hereby employs Employee, and Employee accepts employment pursuant to the terms and conditions of this Agreement. All prior agreements, oral or written, are terminated by the execution of this Agreement and have no further force or effect unless expressly stated herein.

Section II Term/Non-Renewal

The term of this Agreement shall begin on the date signed and shall terminate on .

Variations to consider:

Variation 1: The term of this Agreement shall begin on the date signed and shall continue until terminated.

Variation 2: This Agreement can only be extended by the mutual written consent of both parties on or before .

Variation 3: This Agreement will automatically extend for an additional , unless Employer issues a letter of intent not to renew, at least days prior to .

Variation 4: This Agreement will automatically extend for an additional , unless Employer issues a letter of non-renewal within thirty (30) days of issuing Employee’s annual performance appraisal.

Variation 5: The initial term of this Agreement shall be years, commencing on . On the (anniversary date) the term shall be automatically extended for one year so that, following the extension, the Agreement term remains years. However, Employer may notify Employee on or before that the provision for annual extension has been terminated.

Section III Duties

Employee’s title is and, in consideration of the compensation and benefits to be paid by Employer, Employee hereby agrees:

A. To initiate, administer and supervise all services of Employer;

B. To initiate, administer and supervise all functions and programs of Employer;

C. To supervise the maintenance and upkeep of any facilities and equipment owned or maintained by Employer, and to recommend to Employer the acquisition of new or sale of used equipment and facilities;

D. To keep and maintain proper fiscal records for Employer, and cause an annual budget to be produced in a timely manner.

E. To hire and fire all personnel necessary to carry out the business of Employer.

F. To perform all functions necessary to completely and fully administer Department in accordance with the directives and policies of Employer.

Variation 1: Employee shall be bound by all rules, regulations and policies now in existence or hereafter adopted by the Governing body of Employer and shall administer the affairs of Employer in accordance therewith and pursuant to the laws of the State of Oregon.

Variation 2: Perform additional duties as described in Addendum “A”, attached hereto and incorporated herein by this reference.

Variation 3: To hire and fire all personnel necessary to carry out the business of Employer, subject to the limitations of ORS 478.260, and department operating procedures;

Section IV Evaluation

Employee, in carrying out his/her responsibilities, shall demonstrate the following:

A. Ability to cooperate with the governing body staff, community citizens and leaders, peer organizations and neighboring towns, districts and the County;

B. Ability to effectively communicate;

C. Ability to effectively lead employees and volunteers;

D. Good work habits as an example to employees;

E. Full and efficient utilization of all facilities and services;

F. Management skills necessary to maximize the fire services made available to the patrons and minimize the cost to the taxpayers; and

G. Performance measured against the strategic plan, including those specific goals set forth in Addendum “B” attached hereto.

The Employer shall do a performance review based upon the above criteria and overall performance of job duties. The review will be completed by the of each year. It is the duty of Employee to meet with Employer and establish a time and place for the annual evaluation. The procedures for evaluation will be adopted by Employer in accordance with the open meetings laws of the State of Oregon, Employer’s policies, or a combination thereof, as applicable.

Section V Compensation

Employer shall compensate Employee as set forth below:

A. Salary: Employee’s base annual salary shall be $, payable in monthly amounts of $ per month, commencing on .

Variation 1: The annual base salary of this Agreement will be subject to modification at the conclusion of the annual performance review, to be effective at a date to be designated by Employer.

Variation 2: The annual base salary of this Agreement is not subject to annual increases.

Variation 3: The annual base salary of this Agreement will automatically increase annually by % on the anniversary date of Employee.

Variation 4: The annual base salary of this Agreement is subject to annual renegotiations following the annual performance review of Employee.

Section VI Benefits

The following items A through are hereby identified as benefits for the purposes of this Agreement. Each benefit and how it is applicable to Employee is further defined in Addendum C.

A. Holidays

B. Vacation

C. Sick leave

D. Leaves of absence

E. Jury duty

F. Leave without pay

G. Vehicle (or vehicle allowance)

H. Continuing Education

I. Insurance - personal liability, medical, disability

J. Retirement (PERS - deferred compensation)

K. Use of District property

L. Personal vacation accumulation

Variation 1: Except as set out in this paragraph, no other benefits apply whether or not they are included for other employees or in the policies of Employer.

Variation 2: The policies adopted by Employer, as listed on Addendum C, shall specifically apply to this Agreement and to the employment of Employee.

Section VII Outside Employment

It is understood that the uniqueness of the work to be performed by Employee requires that we define what constitutes “Outside Employment”, and what this contractual Agreement will allow. The definition of “Outside Employment” is in Addendum “D”. This addendum further defines acceptable and unacceptable outside employment.

Variation 1: Employee shall devote Employee’s entire time, attention and energies to the Employer’s business in performing the duties as Fire Chief. During the term of this Agreement, Employee shall not be engaged in any business activities which interfere with Employee’s current duties or accept remuneration for services from any source other than Employer, except as approved by Employer.

Variation 2: It is expected that Employee, as Employer’s chief executive officer, shall devote more than 40 hours per week to performance of his/her duties.

Variation 3: Employment outside the scope of this Agreement for another employer or the operation of any Employee-owned business shall only be allowed with the express permission of Employer.

Section VIII Types of Discipline

Employer’s general disciplinary policies do apply to Employee. In the event Employer deems it necessary to issue discipline to Employee, that discipline may include performance improvement and/or corrective action plans, reprimands, reimposition of probationary status, suspensions, prospective reduction in pay, demotion or termination, depending upon the severity of the offense or actions involved. All discipline processes will be conducted in accordance with the Oregon Open Meetings law, as applicable.

Variation 1: All discipline shall be conducted in a confidential session with an Employer representative, representing the intent of Employer;

Variation 2: All discipline shall be conducted in a public meeting held by Employer;

Variation 3: Employee shall have the choice of public or confidential disciplinary proceedings;

Variation 4: Employer shall have the choice of public or confidential disciplinary proceedings, subject to the requirements of the Oregon Open Meetings law, as applicable.

Section IX Grounds and Process for Discipline and Termination

A. Employee’s employment may be terminated under this Agreement (choose one) “for cause” or “at will”.

Variation 1: Employee is, at all times, an “at will” employee who can be terminated at any time, with or without cause.

Variation 2: Employee may only be terminated for cause during the term of this Agreement or any extension thereof. “Cause” for discipline or termination includes, but is not limited to:

(1) Intentional or repeated failure to comply with legal requirements or with Employer’s policies or directives;

(2) Commission of any act of fraud, dishonesty, misappropriation of funds, embezzlement, breach of confidence, immoral conduct, or other misconduct in the rendering of services on behalf of Employer;

(3) Current illegal use of drugs, substance abuse, or being under the influence of alcohol while on duty;

(4) Repeated discourteous treatment of employees, subordinates, volunteers or the public; or

(5) Failure or refusal to faithfully, diligently and effectively perform any of the provisions of this Agreement.

Variation 3: Nothing in this Agreement shall be construed to include any requirement that Employer have specific cause for non-renewal of the employment Agreement in accordance with the terms set forth herein.

B. Discipline or termination for cause. If Employer, for disciplinary reasons, considers imposing termination, demotion, reduction in pay, reimposition of probationary status, suspension without pay, or any other action which would affect Employee’s due process rights, Employee shall receive notice of any charges against him/her and the possible sanctions being considered. Employee shall also be advised of the date and time when Employer will consider the charges and possible sanction. He/she will be afforded an opportunity to refute the charges, either orally or in writing before Employer and to have representation of his choice at the hearing.

Variation 1: Probationary Employment. Employee is considered a probationary employee for a period of one year from the date he/she commences providing services to Employer.

Variation 2: Without Cause by Employer. Employer may terminate this Agreement at any time upon days' written notice to Employee. In such event, Employee shall be paid a severance allowance of months' compensation.

C. Disability. If Employee is permanently disabled or is otherwise unable to perform duties for a period of successive weeks beyond accrued leave, Employer shall have the option to terminate this Agreement, subject to the requirements of section .

D. Termination by Employee. Employee shall have the right to terminate this Agreement at any time by giving days notice thereof, in writing, to Employer.

Section X Waiver of Breach

Waiver by Employer of any breach of any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach nor a waiver of this provision.

Section XI Amendments

No amendment nor variation of the terms and conditions of this Employment Agreement are valid unless the same is in writing, references this Agreement, and is signed by both parties.

Section XII Exclusive Term/Assignment

The provisions of this Agreement are for the benefits of the parties solely, and not for the benefit of any person, persons or legal entities. Neither this Agreement nor any rights hereunder may be assigned by either party.

Section XIII Severability/Scope

If any provision of this Agreement is determined to be illegal, invalid or unenforceable, all other provisions shall remain in full force and effect. If any provision is found to be overbroad in scope or duration, the breadth of the provision shall be reduced to the maximum allowable by law.

Section XIV Representation

At all times, Employer has been represented by its attorney. Employee acknowledges that Employee, at all times, had the right to and the availability of independent counsel of Employee’s choosing in regard to this Agreement, whether or not Employee chose to exercise that right.

Section XV Paragraph Headings

Headings are used solely for convenience and are not to be used in construing or interpreting the Agreement.

Section XVI Governing Laws

The laws of the State of Oregon shall be used at all times to interpret and govern the interpretation in enforcement of this Agreement.

Section XVII Entire Agreement

The parties agree that this instrument represents the entire Agreement between the parties, and that all prior representations, promises or statements merge with the written Agreement and, unless specifically set out herein, are not enforceable.

IN WITNESS WHEREOF, the Employer, acting through its has authorized this Agreement to be signed and executed on this day of , 20. The Employee has executed this Agreement on the date entered below. Each party acknowledges receipt by their signature of a signed copy of the Agreement.