HomeMy WebLinkAboutCity Attorney - Leslie D. Merkley 01-05-2012 EMPLOYMENT CONTRACT
This agreement, consisting of two (2) typewritten pages, dated this 5 •:+ of
C U%Uh&r , 2012, is made between the City of Jeffersonville (hereinafter the "City" and
Leslie D. Mer (hereinafter the "Attorney').
1. Employment The City, pursuant to I.C. 36- 4 -9 -8, hereby employs the Attomey .. the
City Attorney for the performance of legal services as set forth in this agreement and appoin the
Attomey as Deputy Head of the Department of Law pursuant to 1.C. 36 -4-9 -11. The Attorn will
provide full -time legal representation to the City, at a monthly salary of $5,958.33. The A . rney
accepts such employment, and agrees that such salary shall be in full for all services rendered . , the
Attorney to the City subject to those provisions as outlined in paragraphs 2, 3 and 4 o' this
agreement. The Attomey, as a contractual employee, may participate in the City's health, d -„ tal,
vision and life insurance plan.
2. Legal Services to Be Provided. The legal services and duties to be provided inclu. the
following:
(1) Manage the legal affairs of the city;
(2) Prosecute violators of city ordinances;
(3) Give legal advice to the officers, departments, board, commission, and other agenci , of
the city;
(4) Draft ordinances or legal papers for the city and its departments, boards, co , ons,
and other agencies when requested by the proper officer;
(5) Maintain custody of the records of his office and turn them over to his succes. , in
office;
(6) Make all title searches and examine all abstracts required in public work of any
including opening, widening, or changing a street, alley or public place;
(7) Promptly commence all proceedings necessary or advisable for the protectio. or
enforcement of the rights of the city or the public;
(8) Use all diligence to collect costs, fees, and recoveries within the scope of his duff
(9) Report, in writing, to the city executive all matters that he considers important;
(10) Report, in writing, to the city fiscal officer, all judgments for which the city is liable.
Any other duties as prescribed by the Mayor.
3. Litigation and Bond Fees. Attorney shall not be entitled to any additional fee for
litigation or service as local bond counsel.
4. Other Employment. It is contemplated that the Attorney shall also be employ -. to
represent the City ofJeffersonville Redevelopment Commission pursuant to a separate emplo . ent
contract Said salary shall be in addition to the salary set forth herein.
5. Holiday, Vacation and Sick Pay Benefits. Attorney shall be entitled . the
compensation for holiday, vacation and sickness as set forth in the city's employee handboo
6. Dues, Licenses, Memberships and Continuing Education. City agrees t. be
responsible for fees and expenses related to Attorney's annual dues to the Indiana Supreme . urt,
the Indiana State Bar Association, the Indiana Municipal Lawyer's Association and Att. ey's
registration and attendance for continuing education to comply with the annual requirement o the
Indiana Supreme Court provided that such education is related to municipal law.
7. City's Responsibility. The City agrees to do the following:
a. To pay the Attorney as agreed in this agreement; and
b. To fully cooperate with the Attorney and provide all information known to the Ci or
available to the City which, in the opinion of the Attomey, would aid the Attorney in representin: the
City in this matter.
8. Termination of Services. The Attorney may terminate this agreement if the City s in
breach of its obligations under this agreement or if the Attomey is otherwise required to do . in
accordance with the rules of professional conduct governing attorneys. The City is entitl -. to
terminate this agreement at any time, subject to its contractual liability to the Attorney for s 'ces
rendered.
9. Complete Agreement. This writing includes the entire agreement between the Cit and
the Attorney regarding this matter. This agreement can only be modified with another tten
agreement signed by the City and the Attomey.
10. Severability and Governing Law. This agreement contains the entire underst. • • _ of
the parties hereto and supersedes any prior and/or written understanding or agreements of the . 'es
hereto. This agreement shall be governed by, and construed in accordance with the laws of the ' tate
of Indiana If any tenn or provision of this agreement is helcl by a court of competent jurisdicti.n to
be void or unenforceable, then the remaining terms and provisions of the agreement shall rem: • in
full force and effect and this agreement shall be construed as if such void or unenforceable to • or
provision was not originally contained herein.
11. Signatures. In witness whereof the parties have hereunto set their hands and seal the
day and year II :.ove written and shall be effective as of Noon on January 1, 2012.
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Mike Moo Leslie D. Merkiey
Mayor Attorney At