Ordinance 2010-07 Ordinance No. 2010 - 02
ORDINANCE APPROVING TERMINATION AGREEMENT
BY AND BETWEEN THE POLICE CHIEF, HAROLD O. MARTIN III
AND THE UNITED CITY OF YOKVILLE, KENDALL COUNTY, ILLINOIS
WITNESSETH:
WHEREAS, on May 22, 2007, the Mayor and City Council of the United City of
Yorkville, Kendall County, Illinois (the "Corporate Authorities ") approved an Agreement by and
between the United City of Yorkville, a municipal corporation and Harold O. Martin III
(hereinafter the "Agreement "); and,
WHEREAS, pursuant to the terms of the Agreement, Harold O. Martin III was appointed
and employed as the Police Chief of the City for a term of forty -eight (48) months commencing
May 31, 2007 and terminating May 31, 2011; and,
WHEREAS, the Police Chief has offered to terminate the Agreement and immediately
retire from his position upon approval of the terms of the Termination Agreement as presented to
the City Council, thereby permitting the Mayor to appoint a new person to his position at a
beginning salary thereby resulting in significant savings to the City.
BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville,
Kendall County, Illinois, that the Termination Agreement by and between Police Chief, Harold
O. Martin, III and the City, in the form attached hereto and made a part hereof is hereby
approved and Mayor and Clerk are hereby authorized to execute said Termination Agreement
and direct that the terms thereof be carried out by the City Administrator and the City Finance
Director.
This Ordinance shall be in full force and effect from and after its passage and approval as
provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
Day o A.D. 2010.
ATTE SqZjSj%
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ROBYN SUTCLIFF DIANE TEELING
GARY GOLINSKI " ARDEN JOSEPH PLOCHER-
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS �. GEORGE GILSON, JR.
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
a78 Day of J A I UAR V , A.D. 2010.
MAYOR
TERMINATION AGREEMENT
BY AND BETWEEN THE POLICE CHIEF, HAROLD O. MARTIN III
AND THE UNITED CITY OF YOKVILLE, KENDALL COUNTY, ILLINOIS
WITNESSETH:
WHEREAS, on May 22, 2007, the Mayor and City Council of the United City of
Yorkville, Kendall County, Illinois (the "Corporate Authorities ") approved an Agreement by and
between the United City of Yorkville, a municipal corporation and Harold O. Martin III
(hereinafter the "Agreement "); and,
WHEREAS, pursuant to the terms of the Agreement, Harold O. Martin III was appointed
and employed as the Police Chief of the City for a term of forty -eight (48) months commencing
May 31, 2007 and terminating May 31, 2011; and,
WHEREAS, pursuant to the terms of the Agreement the annual salary of Harold O.
Martin III (the "Police Chief') was fixed for each fiscal year during the term of the Agreement
with benefits including six (6) full weeks of paid vacation; and,
WHEREAS, Section 8.13. of the Agreement provides that the full dollar value of all
sick/personal time the Police Chief has accumulated since employed by the City in 1979 shall be
used to pay the Chief and his spouse's health insurance premiums from the date of his retirement
to age 65 or until such funds have been exhausted; and,
WHEREAS, the Police Chief has offered to terminate the Agreement and immediately
retire from his position on the condition that his salary be established at $131,885.78 as of the
date of his retirement pursuant to the terms of the Agreement thereby permitting the Mayor to
appoint a new person to his position at a beginning salary thereby resulting in significant savings
to the City.
NOW, THEREFORE, for and in consideration of the mutual promises hereinafter set
forth, the Corporate Authorities and the Police Chief agree as follows:
1. The foregoing preambles are hereby adopted as if fully restated herein.
2. The Corporate Authorities shall proceed to establish the current salary of the Police
Chief at $131,885.78 and the Police Chief agrees to terminate the Agreement and all
rights accruing thereunder and tender his resignation to the Mayor as of January 31,
2010 (the "Retirement Date ").
3. The Corporate Authorities hereby direct that the full dollar's value of the Police
Chief's accumulated sick/personal time from the commencement of his employment
with the City in 1979 through the Retirement Dated (January 31, 2010), be calculated
and thereafter applied to pay any and all health insurance premiums due each month
for coverage of the Police Chief, his spouse, if any, and ex- spouse, if any, until the
earlier of (1) the exhaustion of the amounts calculated as due to the Police Chief for
unused sick/personal time, or (ii) upon the Police Chief's 65' birthday.
4. If the Police Chief does not exhaust the amounts as calculated for accumulated
sick/personal time due to death or the availability of other health insurance prior to
attaining the age of 65 years, the remaining balance shall be paid to the Police Chief
or his estate in equal installments the 1" of each month over the following twelve (12)
months after notice that health insurance is no longer required for any person
receiving health insurance coverage pursuant hereto.
5. On the Retirement Date, the Police Chief shall surrender the automobile assigned for
his use on and off the job.
6. On the Retirement Date, the City shall pay to the Police Chief Two Thousand Dollars
($2,000) representing the longevity pay otherwise due as of April 30, 2010.
7. Upon the Retirement Date, all life insurance coverage of the Police Chief shall
terminate, and any and all other rights and benefits afforded to the Police Chief
pursuant to the terms of the United City of Yorkville Employee Manual, the
Agreement or any other ordinance, regulation, or policy of the City or any state or
federal law.
8. Upon execution of this Termination Agreement and receipt of the valuable
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consideration hereinabove described, the Police Chief hereby releases and forever
discharges the City from any and all claims or liability of any kind arising out of or
relating in any way to the Police Chiefs employment with the City or the Agreement.
9. This represents the complete and entire agreement pertaining to the Police Chief s
resignation and retirement between parties. It supersedes and cancels all prior
agreements between the City and the Police Chief.
Executed this o day 2010.
United City of Yorkville
By: IAAQ_
Mayor
Attest:
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