HomeMy WebLinkAboutBRU 88 012 agree retire clerk
THE CORPORATION OF THE TOWNSHIP OF BRUCE
--
BY-LAW NO. 88-12
BEING A BY-LAW TO AUTHORIZE THE REEVE AND DEPUTY-REEVE TO EXECUTE
AN AGREEMENT FOR THE RETIREMENT OF THE CLERK-TREASURER.
WHEREAS the Clerk-Treasurer is desirous of retiring from his
position and whereas the Council of the Township of Bruce wishes
to recognize the long and faithful service of that officer, and
WHEREAS Section 149 of the Municipal Act makes provIsIon for
Councils to enter into agreements which extend beyond the term of
the present Council, notwithstanding Sections 64 and 65 of the
Ontario Municipal Board Act.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
BRUCE ENACTS AS FOLLOWS:
1) That the Reeve and Deputy-Reeve be and are hereby
author ized to execute a retirement agreement with the
Clerk-Treasurer on behalf of the Township as set out in
Schedule "A" attached hereto and forming part of the
by-law.
2) That this by-law shall be effective upon third and
final reading thereof.
By-law introduced and read a First time this NINETEENTH day
of APRIL, 1988.
By-law read a Second time this NINETEENTH
day of APRIL, 1988.
By-law read a Third time and finally passed, signed, sealed, and
numbered 88-12 this NINETEENTH day of APRIL , 1988.
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 88-12 (SCHEDULE "A")
PAGE 2
RETIREMENT AGREEMENT
.
THIS AGREEMENT made in triplicate this 19th
1988.
day of April
,
BETWEEN:
THE MUNICIPAL CORPORATION OF
THE TOWNSHIP OF BRUCE, HEREINAFTER
REFERRED TO AS THE "TOWNSHIP"
OF THE FIRST PART
AND:
CHARLES J. ELLIS, CLERK-TREASURER
OF THE MUNICIPAL CORPORATION OF
THE TOWNSHIP OF BRUCE, HEREINAFTER
REFERRED TO AS "ELLIS"
OF THE SECOND PART
WHEREAS Charles J. Ellis has indicated his desire to retire from
his position as Clerk-Treasurer for the Township of Bruce, and
WHEREAS the Council of the Corporation of the Township of Bruce
wishes to recognize the long and faithful service of Mr. Ellis as
an officer of the Corporation, and
WHEREAS Section 149, Subsection (2), Part (t), of the Municipal
Act, R.S.O. 1980, Chapter 302, provides authority for Municipal
Councils to enter into agreements respecting matters of
employment of officers, servants, and employees of the
Corporation without obtaining approval of the Ontario Municipal
Board as provided by Sections 64 and 65 of the Ontario Municipal
Board Act.
NOW THEREFORE WITNESSETH THAT in consideration of the premises
and covenants contained herein, the parties agree as follows:
1) That Ellis retires from his position as Clerk-Treasurer
effective on December 31, 1988 with his regular salary,
benefits, and other usual emoluments as an employee of the
Corporation continuing uninterrupted until that time.
2) That Ellis be allowed to attend the 1988 Annual Conference
of the Association of Municipal Clerks and Treasurers of
Ontario, and the Municipal Finance Officer's Annual Fall
Conference at the expense of the Corporation in accordance
with the Township's usual and customary allowances for such
expenses provided Ellis has not discontinued his employment
or given notice prior to the commencement of such
conference.
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 88-12 (SCHEDULE "A")
PAGE 3
3) That Ellis be allowed to take earned and unused vacation
credits at the continuance of the Corporation during the
balance of his employment with the Township: the intention
being that all vacation credits shall be used by December
31, 1988 if convenient to both parties and that any unused
credits shall be paid for in cash equivalent upon
retirement.
4) That Ellis or his estate be paid upon retirement, the cash
equivalent of his current salary for seventy-two (72) unused
sick leave days at his credit in accordance with the
provisions of Township By-law No. 80-3 dated, January 17,
1980. The cash equivalent payment to be $5,241. 00 based on
this formula:
72/261 x $38.000.00
2
5) That Ellis or his estate if he is deceased, be paid ten
monthly payments of three thousand two hundred and fifty
dollars ($3,250.00) each commencing January 1, 1989 with the
last payment being made on October 1, 1989.
6) That Ellis, dur ing the balance of his employment with the
Township, co-operate fully in the training of a newly hired
officer who is expected to assume the duties of Clerk-
Treasurer upon the effective date of his retirement.
7)
That Ellis has the right, upon giving written notice of one
month, to resign prior to December 31, 1988 without penalty
in which event his 1988 salary and benefit, would then end.
Should that occur, he shall still be entitled to receive the
benefits or payments referred to in paragraphs 3, 4, and 5
above. Should Ellis die or find it necessary to retire due
to sickness or accident prior to December 31, 1988, notice
would not be required nor would a penalty apply.
-e
8) That the Township proceed promptly upon the execution of
this agreement to advertise for and hire an officer intended
to be appointed to the position of Clerk-Treasurer upon the
retirement of Ellis.
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 88-12 (SCHEDULE "A")
PAGE 4
9 )
That the Township approve the retirement of Ellis effective
on December 31, 1988 or on such earlier date made in
accordance with the terms of this agreement.
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10) The parties hereby release each other from any claims,
demands or causes of action which each may have had or now
has against the other save and except for any breach of this
agreement.
11) This agreement shall be binding upon the parties, their
heirs, executors, administrators, successors and assigns.
IN WITNESS THEREOF the parties hereto have affixed their hands
and seals this NINETEENTH day of APRIL, 1988.
SIGNED, SEALED AND DELIVERED
In the presence of:
Jean Roppel
) THE CORPORATION OF THE
) TOWNSHIP OF BRUCE
)
) per Kpnnpt'h M ,1nnp~
) Reeve
)
) per Ronald Andrews
) Deputy-Reeve
)
) Charles J. Ellis
) Charles J. Ellis
Jean Roppel