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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. ~'^-' &"'''I'\,J.; ~ , CLERK - fr<o'lGt1. p. ~l7Jr REE ~ / ~F~- '.~;~ \-~ .: S~~¢. ". --: - :--.::~<-;..~ /"--. : '. --::'- ~'::: / .....-- --,~ "~ - ~ - ...... ~- ...'- " " '... -~--.._----- -:::;-.... ~ -------.---- 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. I ~ 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. ~- 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. -. 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