R2018-91 Authorizing Agreement and Appointing Interim City Manager

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INTERIM CITY MANAGER EMPLOYMENT AGREEMENT This Interim City Manager Employment Agreement (herein"Agreement") is entered into on this day of July, 2018, by and between the City of Decatur, an Illinois municipal corporation(herein the "City"), and Billy Tyus (herein the "Employee"). Employee and City are herein the "Parties." RECITALS: WHEREAS,the City desires to appoint Employee as its Interim City Manager for the time period from the effective date of the resignation of Tim Gleason,the current City Manager, and the authorization of this Agreement and shall extend through such time as a replacement City Manager is appointed by the City Council, qualifies and assumes the responsibilities of the position(herein the "Interim Period,"but further defined in Section 2 below); or this Agreement is terminated sooner pursuant to Section 16 below; WHEREAS, Employee desires to serve the City as its Interim City Manager for the Interim Period; and WHEREAS, the Parties wish to memorialize in writing their relationship for the Interim Period. NOW, THEREFORE, in consideration of the mutual covenants contained herein,the Parties do hereby agree as follows: 1. APPOINTMENT. City hereby appoints Employee as Interim City Manager and Employee accepts such appointment, subject to the terms hereof. 2. INTERIM PERIOD AND THEREAFTER. This Agreement shall become effective on the date that Tim Gleason resigns his position as City Manager, being the date lawfully authorized by the City Council of the City (herein"City Council") by proper resolution, and shall continue thereafter for an indefinite term, until such time as the City: (a) hires a replacement City Manager; (b) said individual lawfully qualifies to act as "City Manager" pursuant to Section 5-3-7 of the Illinois Municipal Code [65 ILCS 5/5-3-7 (2016)], as may be amended hereafter; and (c) assumes the duties and responsibilities of the position, but all subject to the rights of the Parties to sooner terminate this Agreement as provided in Section 16 below. After the Interim Period, unless sooner terminated as provided in Section 16, Employee shall return to the position of Deputy City Manager with compensation equivalent to the Employee's annual salary and benefits as of the date of appointment of the Employee under this Agreement plus any and all additional salary increases or benefits Employee would have been entitled to as Deputy City Manager during the Interim Period. No evaluation of Employee during his term serving as Interim City Manager shall impact or be utilized as basis to measure the fitness of Employee to return to the position of Deputy City Manager. The position of Deputy City Manager shall not be eliminated or reduced as part of a reduction in force for the remainder of the City's current fiscal year through fiscal year 2019. Employee agrees and acknowledges that upon his return to the position of Deputy City Manager that he is an employee "At Will" and that his employment may be terminated"with" or"without"just cause.