Employment Contracts for City Clerk Adrienne Breitfelder and City Attorney Crenna Brumwell Copyrighted
August 21, 2023
City of Dubuque Consent Items # 08.
City Council Meeting
ITEM TITLE: Employment Contracts for City ClerkAdrienne BreitFelder and City
Attorney Crenna Brumwell
SUM MARY: Senior Counsel Barry Lindahl is recommending that City Council approve
the Employment Contracts for City ClerkAdrienne BreitFelder and City
Attorney Crenna Brumwell be approved.
SUGGESTED Suggested Disposition: Receive and File;Approve
DISPOSITION:
ATTACHMENTS:
Description Type
Memo Staff Memo
City Attorney Employment Contract Supporting Documentation
City Clerk Employment Contract Supporting Documentation
Dubuque
THE CITY OF �
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BARRY A. LINDAH �, E
SENIOR COUNSEL
MEMO ,
To: Mayor Brad M. Ca�anagh and
Members ofi the City Counc�f
DATE: August 1fi, 2023
RE: Employment Contracts for City Clerk Adrienne Breitfelder and City Attorney
Crenna Brumweli
Attached are proposed employment contracts for City Cl�rk Adrienne BreEtfelder and
City Attorney Crenna Brumwelf.
At your request, I pro�ided the contracts to Attorney Aaron J. Hiliigas, an employment
law lawyer, at Ahlers & Cooney PC. and requested that he review them to pravide any
feedback or suggested changes to any provisions to reflect best practices in
employment contracfs 1 municipal contracts.
His comments are incarporated into the final drafts.
Human Resources Director Shelley Stickfort and I ha�e reviewed fhe revised contracts
and find them to be acceptable.
I recammend that the Employment Contracts for City Clerk Adrienne Breitfelder and City
Attorney Crenna Brumwell be approved.
BAL:JLM
Attachments
cc: Michael C. Van Milligen, City Manager
Crenna Brumwell, Ci�y Attorr�ey
Adrienne Breitfelder, C9ty Clerk
Shelley Stickfort, Human Resources Director
OFFICE pF THE CITY AT70RNEY DUBUQUE, 10WA
SUITE 3�0, HARBOR VIEW PLACE, 3Q0 MAIN STREET DUBUQUE, IA 52001-6944
TE�EP�oNE {563)583-41'{31 Fax {563)583-10401 Ennai� balesq@cityofdubuqus.org
EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this 0 day of ma`s--1— , 2023, by
and between the City of Dubuque, Iowa (hereinafter referred to as tWe "City") and Crenna
Brumwell (hereinafter referred to as "Brumwell").
WHEREAS, pursuant to Iowa Code §372.13(4) the City Council may appoint city
officers and employees, and prescribe their powers, duties, compensation, and terms;
and
WHEREAS, pursuant to the City of Dubuque Code of Ordinances §1-7-6 the City
Council shall appoint a city attorney, who shall be the chief legal officer and whose duties
shall be provided as outlined in the Code of Ordinances and the laws of the State; and
WHEREAS, the City Council appointed Brumwell as City Attorney on December
14, 2015, effective October 1, 2016; and
WHEREAS, the City Council appointment of Brumwell as City Attorney was for an
indefinite term; and
WHEREAS, it is the desire of the City to continue the employment of Brumwell
as City Attorney, and Brumwell to continue her service as City Attorney; and
WHEREAS, the parties wish to establish terms and conditions of the
appointment of Brumwell as City Attorney for City.
IT IS THEREFORE AGREED BY AND BETWEEN PARTIES AS FOLLOWS:
1. Appointment.
a. City appointed and Brumwell accepted appointment for employment for an
indefinite term beginning October 1, 2016.
b. The City Council desires that Brumwell remain in the exclusive employ of
the City and to neither accept other employment nor to become employed by
another employer. The term "employ" shall not be construed to include occasional
teaching or writing, or as may be agreed to by the City Council in writing.
Generally, Brumwell shall devote her entire time and work efforts to her
employment with the City.
c. City and Brumwell desire to formalize the terms of the indefinite
appointment.
d. Brumwell shall not engage in any activity which is or may become a
prohibited conflict of interest, prohibited contract, or which may create an
incompatibility of office.
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e. For and during the term of this Agreement, Brumwell shall reside within
the City limits of the city of Dubuque, unless otherwise agreed upon in writing
by both Brumwell and the City Council.
f. Such employment shall end upon Brumwell's resignation, death, or
termination for any reason by the City Council.
g. Nothing in this Agreement shall be deemed to prevent or limit the right
of the City Council of the City to determine that Brumwell shall no longer serve
as City Attorney, subject to the provisions of Section 9 of this Agreement.
2. Term. The term of this Agreement shall be from the Effective Date and shall
remain in effect until terminated by either party in accordance with this Agreement.
3. Duties/Evaluation.
a. As City Attorney Brumwell shall perForm any and all duties provided by
the lowa Code, the City Charter, the Municipal Code of the City of Dubuque,
other statutes and regulations, and such other lawful duties as assigned by the
City Council.
b. It shall also be the duty of Brumwell to employ on behalf of the City all
other employees of the City Attorney's Office consistent with the policies of the
governing body and the ordinances and charter of the City.
c. It shall also be the duty of Brumwell to direct, assign, reassign,
evaluate, and terminate, as appropriate, employees of the City Attorney's
Office consistent with policies, ordinances, charter of the City, state and
federal laws.
d. All duties assigned to Brumwell by the City Council shall be appropriate
to and consistent with the professional role and responsibility of Brumwell.
e. The City Council of the City shall conduct an annual evaluation of
Brumwell to be completed by June 30 of each fiscal year in preparation for the
next fiscal year of employment.
4. Salary.
a. On the effective date of this Agreement, Brumwell is currently employed
at an annualized salary of $189,815.97 per year.
b. Pursuant to Resolution 303-17 adopted on August 21, 2017, and
incorporated herein, Brumwell's salary shall increase annually on July 1 by the
cost-of-living adjustment (COLA) effective for full-time non-bargaining unit
employees. The parties understand that the salary for Brumwell may increase,
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but in no event will the salary decrease without prior written approval of both
parties, and dependent upon the determination of satisfactory performance by
Brumwell, which shall be presumed unless the Council specifically determines
otherwise during the annual review process. The City Council reserves the
right to increase the salary for Brumwell beyond a COLA in the event the City
Council so desires, by resolution.
5. Automobile Allowance.
a. In addition to the salary set forth above, Brumwell shall receive a sum
which equals seventy-five percent (75%) of the automobile allowance granted
to the City Manager for the operation of her own vehicle.
b. The amount of such car allowance shall be reviewed each year at
Brumwell's annual perFormance review.
c. In the event the City Manager's automobile allowance is adjusted
Brumwell's shall be adjusted accordingly.
d. Brumwell shall be responsible for paying for liability, property damage,
and comprehensive insurance coverage upon her own vehicle(s) and shall
further be responsible for all expenses attendant to the purchase, operation,
maintenance, repair, and regular replacement of said vehicle(s).
e. City shall reimburse Brumwell at the current IRS mileage rate adopted
by the City for any business use of her own vehicle(s) beyond the local
government area. For purposes of this Section, use of the car within the local
government area is defined as travel to locations within a fifty (50) mile radius
of the City of Dubuque limits.
6. Benefits.
a. Vacation. Brumwell, as a Department Manager, shall accrue vacation
in accordance with the department manager vacation accrual schedule based
on year of service, as amended or updated. The current accrual schedule for
Department Managers is:
Years of
Continuous Service Annual Vacation Accrual Rate
From Date of Hire stated as number of work hours er ear
Throu h Year 3 120
Year 4 — Year 7 160
Year 8 — Year 14 200
Year 15 and after 240
b. Annual Payment for Unused Vacation. Brumwell is encouraged to fully
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use her vacation leave benefit. However, given the demands and constraints
of performing her duties as City Attorney, her longevity, level of accrual, and
workload, using all vacation accruals annually may not be possible. Brumwell
may elect to receive payment for up to eighty hours (80-hours) of unused
vacation leave at the end of each fiscal year. Payment shall be at Brumwell's
base pay rate as of June 1 St of the applicable fiscal year. Payment shall be
made on the last pay period of the fiscal year. Brumwell shall make such
election by April 1 annually with a notification to Human Resources and the
Department of Finance and Budget. Brumwell acknowledges and understands
the financial impact of exercising this option is done at her sole risk.
c. Department Manager Accruals. Brumwell shall continue to receive the
applicable rate of accruals of vacation, sick leave, recognition leave, personal
days, and longevity for Department Managers, which exist currently or
hereafter come into existence and are accorded Department Managers.
d. Benefits Package. Brumwell shall receive the applicable City of
Dubuque Benefits Package for Department Managers, which exists currently
or hereafter comes into existence and are accorded Department Managers.
This includes, but is not limited to holidays, personal days, vacation, sick leave,
bereavement leave, parental leave, recognition leave, health insurance, life
insurance, longevity, flexible benefits account, and IPERS contributions.
e. Health Insurance Premium. For health insurance coverage, if elected
by Brumwell, she will contribute a monthly sum in an amount determined by
the City for the selected coverage, pro-rated among the regular bi-weekly City
pay periods.
f. Retirement.
i. IPERS. City agrees to continue Brumwell's enrollment in the
IPERS and make all the appropriate contributions on Brumwell's behalf
as it provides all employees.
ii. MissionSquare.
1) In addition to the City's payment to IPERS referenced
above, City agrees to execute and keep in force all necessary
agreements provided by MissionSquare (457 deferred
compensation plan adopted by the City of Dubuque, formerly
known as ICMA-RC)for Brumwell's continued participation in said
supplementary retirement plan. Brumwell will decide the amount
to be contributed from her pay to such plan and the City will
implement Brumwell's decision to the extent allowed by law,
among other things, deducting the requested amounts each pay
period.
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2) In addition to the base salary paid by the City to Brumwell,
City agrees to contribute, on the first payroll of each calendar year
forthe succeeding �commencing January 1, 2024, an amount
equal to the lesser of seven and a half percent (7.5%) of
Brumwell's base salary, or the maximum dollar amount
permissible under Federal and state law, into the MissionSquare
plan on Brumwell's behalf. The City and Brumwell shall fully
disclose to each other the financial impact of any amendment to
the terms of Brumwell's retirement benefit.
g. Payment upon Separation. Upon termination, separation, or retirement
from employment, Brumwell will receive payment for accrued vacation, sick
leave, recognition leave, and personal days as is currently allowed for staff,
subject to modifications that may be made to accrual and payment policies for
staff.
7. Bonding. City shall bear the full cost of any fidelity or other bonds required of
Brumwell under the state code and the city code of ordinances.
8. Professional Training/Dues/Subscriptions.
a. Brumwell warrants and agrees that Brumwell is licensed to practice law in
lowa without limitation.
b. Brumwell must maintain her lowa license to practice law in good standing
throughout the term of this Agreement as a condition of employment.
c. City recognizes and acknowledges the requirements for ongoing continuing
legal education as a component of Brumwell maintaining her law license and the
benefits and protections this continuing legal education provides to the City.
d. Brumwell will participate in professional training activities by attending
conferences and seminars in order to fulfill required state mandated continuing
legal education requirements for the benefit of the City organization on topics
relevant to her duties as City Attorney.
e. City will annually budget, approve, and pay for reasonable expenditures
in support of such professional training activities for Brumwell and her staff,
including a legal research subscription.
f. Brumwell will maintain memberships in professional organizations,
including, but not limited to the lowa State Bar Association, Dubuque County
Bar Association, lowa Municipal Attorney's Association, and the International
Municipal Lawyer's Association for which the City will cover the annual
membership dues/fees.
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9. Resignation, Termination, and Severance Pay.
a. At any time, Brumwell may resign from employment as City Attorney
upon the provision of ninety (90) days' written notice to the City Council.
b. Brumwell serves at the pleasure of the City Council, and nothing herein
shall prevent, limit, or otherwise interfere with the right of the City to terminate
the services of Brumwell without cause with ninety (90) days' written notice to
Brumwell. The City may immediately act upon the termination of Brumwell for
cause or conviction of any felony crime or one involving moral turpitude.
c. If Brumwell is terminated by the City Council for any reason other than
those detailed in Section 9(d) when Brumwell is willing and able to perform the
duties of City Attorney, City Council shall pay Brumwell severance pay equal
to two (2) weeks of salary at the rate in effect at the time of separation for each
year of service rendered or as otherwise mutually agreed upon by the parties
in writing.
d. If Brumwell is terminated for cause, conviction of any felony crime or
one involving moral turpitude, death, or permanent incapacitation the City
Council shall not be obligated to pay Brumwell any severance pay.
e. For the purpose of this Agreement, Severance Pay shall include monthly
salary and IPERS contributions. Severance Pay shall be paid in a lump sum
payment to Brumwell. In addition, Severance Pay shall include continued
Health Benefits. Health Benefits means health and dental benefits. Health
benefits shall continue a maximum of six (6) months or until Brumwell finds
other employment, whichever occurs first. Health benefits shall be provided
Brumwell to the same extent and at the same cost to Brumwell in effect on
Brumwell's termination date from City employment.
f. Consideration of Brumwell's termination by the City Council may not
occur within ninety (90) days after a General or Special Election wherein a new
member or members are elected to the City Council. This provision shall not
apply to those terminations detailed in Section 9(d).
10. Indemnification.
a. In addition to any requirement of Federal, State, or Local law, and to the
extent permitted by law, City shall indemnify, defend, and hold Brumwell
harmless against any and all claims (even if the allegations are without merit)
or judgments for damages or injunctive relief arising from, related to, or
connected with any tort, professional liability claim or demand or any other
claim, whether civil, criminal, administrative, arbitrative, or investigative, arising
out of any alleged act or omission by Brumwell occurring in the performance
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of Brumwell's duties or resulting from the exercise of judgment or discretion by
Brumwell in connection with the performance of her duties or responsibilities,
unless the act or omission involved willful or wanton misconduct. In the event
that the provision of legal representation by City may reasonably present a
legal conflict of interest, Brumwell may request independent legal
representation at City's expense, and City may not unreasonably withhold
approval of such request. Legal representation provided by City for Brumwell
shall extend until a final unappealable determination of the legal action. In the
event independent legal representation is provided to Brumwell, any
settlement of any claim against Brumwell may not be made without prior
approval of the City. Brumwell recognizes that City shall have the right to
compromise any claim against Brumwell for which City is providing the
defense.
b. Said indemnification shall extend beyond termination of employment,
and the expiration of this Agreement, to provide full and complete protection to
Brumwell as described herein, for any acts undertaken or committed in
Brumwell's capacity as City Attorney, regardless of whether the notice of filing
of a claim or lawsuit for such tort, claim, demand, or other legal action occurs
during or following Brumwell's employment with City as City Attorney.
11. Notices. Any notices required by this Agreement shall be in wiring and either
given in person or by first class mail addressed as follows:
City of Dubuque Crenna Brumwell
Attn: Mayor 300 Main Street, Suite 330
50 W. 13th Street Dubuque, IA 52001
Dubuque, IA 52001
with a courtesy copy by email to the Mayor and City Clerk at the time of the notice
and to cbrumwel(c�cityofdubuaue.orq.
12. Disputes.
a. Informal Negotiation.
1 . The Parties shall initially attempt to resolve all claims, disputes,
or controversies arising under, out of, or in connection with this
Agreement by conducting good faith negotiations amongst themselves.
2. The dispute shall be considered to have arisen when one party
sends to the other a written notice of dispute.
3. If the parties are unable to resolve the matter following good faith
informal negotiations within thirty (30) days, the Parties agree to submit
the dispute to mediation.
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b. Mediation.
1 . Within fourteen (14) days following the expiration of the time
period for informal neqotiations, the Parties shall propose and attempt
to aqree upon a neutral and qualified mediator. Unless the Parties
mutually agree otherwise, a qualified mediator shall be an lowa licensed
attorney with at least 20 years of practice and a minimum of ten (10)
years of practice in municipal law.
2. In the event the Parties fail to agree upon a mediator the Parties
shall request the American Arbitration Association appoint a qualified
mediator for a mediation to be held in Dubuque County, lowa.
3. The period for mediation shall commence upon the appointment
of the mediator and shall not exceed sixty (60) days, unless such time
period is modified by mutual written agreement of the Parties.
4. The parties will bear their own costs for mediation.
5. The mediator's fees shall be shared equally by the Parties.
6. Any mediation shall be conducted pursuant to the American
Arbitration Association's Employment Arbitration Rules and Mediation
Procedures.
7. In the event the Parties cannot resolve a dispute by informal
negotiations or mediation, the Parties agree to submit such dispute to
arbitration and agree that arbitration shall be the exclusive means for
resolving disputes which the Parties cannot otherwise resolve as
described above. The arbitration shall be heard by a single arbitrator.
c. Arbitration.
1 . Within fourteen (14) days following the expiration of the time
period for mediation, the parties shall propose and attempt to agree
upon one neutral and qualified arbitrator. Unless the Parties mutuallv
aqree otherwise, a qualified arbitrator shall be an lowa licensed attorney
with at least 20 years of practice and a minimum of ten (10) years of
practice in municipal law.
2. In the event the Parties fail to agree upon an arbitrator, the Parties
shall request the American Arbitration Association sends each party a
list of five (5) qualified arbitrators from its Employment Dispute
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Resolution Roster of arbitrators. If the Parties cannot agree upon one
arbitrator from this list, each party shall have fifteen (15) days from the
transmittal of the arbitrator list to strike names objected to, number the
remaining names in order of preference, and return the list to the AAA.
3. Arbitration shall take place in Dubuque, County, lowa, and shall
be conducted pursuant to the American Arbitration Association's
Employment Arbitration Rules and Mediation Procedures.
4. The Parties will bear their own costs for arbitration.
5. The arbitrator's fees shall be shared equally by the Parties.
d. Attorney Fees. In the event of any mediation or arbitration to enforce
any of the provisions of this Agreement, each party shall bear its own attorney's
fees and costs.
13. Governing Law. This Agreement shall be governed by the laws of the State of
lowa.
14. Severability. The provisions of this Agreement are severable, and if any
provision of this Agreement, or portion thereof, is held to be illegal, invalid, or
unenforceable, the remainder of this Agreement shall nevertheless be binding and
enforceable.
15. Binding Effect. This Agreement shall be binding upon the City, including any
successor public entity and Brumwell, and shall remain in full force and effect altered
or amended by mutual written agreement of the parties.
16. Miscellaneous.
a. Merger. This written Agreement contains all the terms and conditions
agreed upon by the parties, and no other agreement, oral or otherwise,
regarding the subject matter of this Agreement shall be deemed to exist or to
bind either of the parties, or to vary any of the terms contained in this
Agreement.
b. Amendments. The parties may amend this Agreement by mutual written
agreement. Such amendments shall be incorporated into and made a part of
this agreement.
c. Ambiguity. Any rule of construction to the effect that ambiguities are to
be resolved against the drafting party shall not apply in the interpretation of this
Agreement or any amendment or exhibits hereto.
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17. Survival. The severance pay provisions of Section 9, in addition to Sections 10
through 16, shall survive the termination of this Agreement.
IN WITNESS WHEREOF, the parties have signed this Agreement on the d5 day of
Au6,4s , 2023.
CITY OF DUBUQUE CRENNA UMWELL
C'
Mayor Brad avanagh Crenna Brumwell, City Attorney
Attest:
(20-cp0/9-1
Adricnnc N. Brcitfcldef, City Clcrk
Trish L. Gleason, Assistant City Clerk
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EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this tAday of , 2023, by
and between the City of Dubuque, Iowa (hereinafter referred as the "City") and
Adrienne N. Breitfelder (hereinafter referred to as "Breitfelder").
WHEREAS, pursuant to the Iowa Code §372.13(3) and the City of Dubuque Code
of Ordinances §1-7-5 the City Council is required to appoint a city clerk to maintain city
records and perform other duties as prescribed by state and city codes; and
WHEREAS, the City Council appointed Breitfelder as City Clerk in October 2020;
and
WHEREAS, Breitfelder obtained Certified Municipal Clerk (CMC) certification on
December 2, 2022; and
WHEREAS, it is the desire of the City to continue the employment of Breitfelder
as City Clerk, and Breitfelder to continue her service as City Clerk; and
WHEREAS, the parties wish to establish terms and conditions for the
employment of Breitfelder as City Clerk for the City.
IT IS THEREFORE AGREED BY AND BETWEEN PARTIES AS FOLLOWS:
1. Appointment.
a. City appointed and Breitfelder accepted appointment and employment
for an indefinite term commencing as City Clerk on October 14, 2020.
b. The City Council desires that Breitfelder remain in the exclusive employ
of the City and to neither accept other employment nor to become employed
by another employer. The term "employ" shall not be construed to include
occasional teaching or writing, or as may be agreed to by the City Council in
writing. Generally, Breitfelder shall devote her entire time and work efforts to
her employment with the City.
c. City and Breitfelder desire to formalize the terms of the indefinite
appointment.
d. Breitfelder shall not engage in any activity which is or may become a
prohibited conflict of interest, prohibited contract, or which may create an
incompatibility of office.
e. For and during the term of this Agreement, Breitfelder shall reside within
the City limits of the City of Dubuque, unless otherwise agreed upon in writing
by both Breitfelder and the City Council.
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f. Such employment shall end upon Breitfelder's resignation, death, or
termination for any reason by the City Council.
g. Nothing in this Agreement shall be deemed to prevent or limit the right
of the City Council of the City to determine that Breitfelder shall no longer serve
as City Clerk, subject to the provisions of Section 9 of this Agreement.
2. Term. The term of this Agreement shall be from the Effective Date and shall
remain in effect until terminated by either party in accordance with this Agreement.
3. Duties/Evaluation.
a. As City Clerk Breitfelder shall perForm any and all duties provided by the
lowa Code, the City Charter, the Municipal Code of the City of Dubuque, other
statutes and regulations, and such other lawful duties as assigned by the City
Council.
b. The City Council of the City shall conduct an annual evaluation of
Breitfelder to be completed by June 30 of each fiscal year in preparation for
the next fiscal year of employment.
4. Salary.
a. On the effective date of this Agreement, Breitfelder is currently
employed at an annualized salary of $97,679.59 per year.
b. Pursuant to Resolution 215-23 adopted on July 5, 2023, and
incorporated herein, Breitfelder's salary shall increase annually on July 1 by
the cost-of-living adjustment (COLA) effective for full-time non-bargaining unit
employees. The parties understand that the salary may increase, but in no
event will the salary decrease without prior written approval of both parties,
and dependent upon the determination of satisfactory performance by
Breitfelder, which shall be presumed unless the Council specifically determines
otherwise during the annual review process. The City Council reserves the
right to increase the salary for Breitfelder beyond a COLA in the event the City
Council so desires, by resolution.
5. Automobile Allowance.
a. In addition to the salary set forth above, Breitfelder shall receive a sum
which equals fifty percent (50%) of the automobile allowance granted to the
City Manager for the operation of her own vehicle.
b. The amount of such car allowance shall be reviewed each year at
Breitfelder's annual performance review.
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c. In the event the City Manager's automobile allowance is adjusted
Breitfelder's shall be adjusted accordingly.
d. Breitfelder shall be responsible for paying for liability, property damage,
and comprehensive insurance coverage upon her own vehicle(s) and shall
further be responsible for all expenses attendant to the purchase, operation,
maintenance, repair, and regular replacement of said vehicle(s).
e. City shall reimburse Breitfelder at the current IRS mileage rate adopted
by the City for any business use of her own vehicle(s) beyond the local
government area. For purposes of this Section, use of the car within the local
government area is defined as travel to locations within a fifty (50) mile radius
of the City of Dubuque limits.
6. Benefits.
a. Vacation. Breitfelder, as a Department Manager, shall accrue vacation
in accordance with the department manager vacation accrual schedule based
on year of service, as amended or updated, and in addition five (5) days (40
hours) of vacation shall be frontloaded the first pay period of each fiscal year.
The current accrual schedule for Department Managers is:
Years of Annual Vacation Accrual Rate
Continuous Service (stated as number of work hours per year)
From Effective Date of
Initial Appointment
Throu h Year 3 120
Year 4 — Year 7 160
Year 8 — Year 14 200
Year 15 and after 240
b. Department Manager Accruals. Breitfelder shall continue to receive the
applicable rate of accruals of vacation, sick leave, recognition leave, personal
days, and longevity for Department Managers, which exist currently or
hereafter come into existence and are accorded Department Managers.
c. Benefits Package. Breitfelder shall receive the City of Dubuque Benefits
Package which exists currently, or hereafter comes into existence and which
are accorded Department Managers. This shall include, but is not limited to
holidays, personal days, vacation, sick leave, bereavement leave, parental
leave, recognition leave, health insurance, life insurance, longevity, flexible
benefits account, and IPERS contributions.
d. Health Insurance Premium. For health insurance coverage, if elected
by Breitfelder, she will contribute a monthly sum in an amount determined by
the city for the selected coverage, pro-rated among the regular bi-weekly city
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pay periods.
e. Retirement.
i. IPERS. City agrees to continue Breitfelder's enrollment in the
IPERS and make all the appropriate contributions on Breitfelder's behalf
as it provides all employees.
ii. MissionSquare.
1) In addition to the City's payment to IPERS referenced
above, City agrees to execute and keep in force all necessary
agreements provided by MissionSquare (457 deferred
compensation plan adopted by the City of Dubuque, formerly
known as ICMA-RC) for Breitfelder's continued participation in
said supplementary retirement plan. Breitfelder will decide the
amount to be contributed from her pay to such plan and the City
will implement Breitfelder's decision to the extent allowed by law,
among other things, deducting the requested amounts each pay
period.
2) In addition to the base salary paid by the City to Breitfelder,
City agrees to contribute on the first payroll of each calendar vear
for the succeeding �commencing January 1 , 2024 an amount
equal to the lesser of five percent (5%) of Breitfelder's base
salary, or the maximum dollar amount permissible under Federal
and state law, into the MissionSquare plan on Breitfelder's behalf.
The City and Breitfelder shall fully disclose to each other the
financial impact of any amendment to the terms of Breitfelder's
retirement benefit.
f. Payment upon Separation. Upon termination, resignation, or retirement
from employment, Breitfelder will receive payment for accrued vacation, sick
leave, recognition leave, and personal days as is currently allowed for staff,
subject to modifications that may be made to accrual and payment policies for
staff.
7. Bonding. City shall bear the full cost of any fidelity or other bonds required of
Breitfelder under the state code and city code of ordinances.
8. Professional Training/Dues/Subscriptions.
a. City acknowledges Breitfelder must maintain a Certified Municipal Clerk
certification, Notary Public designation, and obtain Master Municipal Clerk
certification within eleven (11) years of employment.
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b. City acknowledges the certification requirements also benefit and
protect the City.
c. Breitfelder will maintain memberships in professional organizations,
including, but not limited to the International Institute of Municipal Clerks and
the lowa Municipal Finance Officers Association for which the City will cover
the annual membership dues/fees.
d. Breitfelder will participate in professional training activities by attending
conferences and seminars in order to fulfill required certification requirements
and obtain education for the benefit of the City organization on topics
relevantto her duties as City Clerk.
e. City will budget, approve, and pay for reasonable expenditures in
support of such professional training activities for Breitfelder and her staff.
9. Resignation, Termination, and Severance Pay.
a. At any time, Breitfelder may resign from employment as City Clerk upon
the provision of ninety (90) days written notice to the City Council.
b. Breitfelder serves at the pleasure of the City Council, and nothing herein
shall prevent, limit, or otherwise interFere with the right of the City to terminate
the services of Breitfelder without cause with ninety (90) days' written notice to
Breitfelder. The City may immediately act upon the termination of Breitfelder
for cause or conviction of any felony crime or one involving moral turpitude.
c. If Breitfelder is terminated by the City Council for any reason other than
those detailed in Section 9(d) when Breitfelder is willing and able to perForm
the duties of City Clerk, City Council shall pay Breitfelder severance pay equal
to two (2) weeks of salary at the rate in effect at the time of separation for each
year of service rendered, or as otherwise mutually agreed upon by the parties
in writing.
d. If Breitfelder is terminated for cause, conviction of any felony crime or
one involving moral turpitude, death, or permanent incapacitation the City
Council shall not be obligated to pay Breitfelder any severance pay.
e. For the purpose of this Agreement, Severance Pay shall include monthly
salary and IPERS contributions. Severance Pay shall be paid in a lump sum
payment to Breitfelder. In addition, Severance Pay shall include continued
Health Benefits. Health Benefits means health and dental benefits. Health
benefits shall continue a maximum of six (6) months or until Breitfelder finds
other employment, whichever occurs first. Health benefits shall be provided
Breitfelder to the same extent and at the same cost to Breitfelder in effect on
Breitfelder's termination date from City employment.
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f. Consideration of Breitfelder's termination by the City Council may not
occur within ninety (90) days after a General or Special Election wherein a new
member or members are elected to the City Council. This provision shall not
apply to those terminations detailed in Section 9(d).
10. Indemnification.
a. In addition to any requirement of Federal, State, or Local law, and to the
extent permitted by law, City shall indemnify, defend, and hold Breitfelder
harmless against any and all claims (even if the allegations are without merit)
or judgments for damages or injunctive relief arising from, related to, or
connected with any tort, professional liability claim or demand or any other
claim, whether civil, criminal, administrative, arbitrative, or investigative, arising
out of any alleged act or omission by Breitfelder occurring in the perFormance
of Breitfelder's duties or resulting from the exercise of judgment or discretion
by Breitfelder in connection with the performance of her duties or
responsibilities, unless the act or omission involved willful or wanton
misconduct. In the event that the provision of legal representation by City may
reasonably present a legal conflict of interest, Breitfelder may request
independent legal representation at City's expense, and City may not
unreasonably withhold approval of such request. Legal representation
provided by City for Breitfelder shall extend until a final unappealable
determination of the legal action. In the event independent legal
representation is provided to Breitfelder, any settlement of any claim against
Breitfelder may not be made without prior approval of the City. Breitfelder
recognizes that City shall have the right to compromise any claim against
Breitfelder for which City is providing the defense.
b. Said indemnification shall extend beyond termination of employment,
and the expiration of this Agreement, to provide full and complete protection to
Breitfelder as described herein, for any acts undertaken or committed in
Breitfelder's capacity as City Clerk, regardless of whether the notice of filing of
a claim or lawsuit for such tort, claim, demand, or other legal action occurs
during or following Breitfelder's employment with City as City Clerk.
11. Notices. Any notices required by this Agreement shall be in wiring and either
given in person or by first class mail addressed as follows:
City of Dubuque Adrienne Breitfelder
Attn: Mayor 50 W 13t" Street
50 W. 13t" Street Dubuque, IA 52001
Dubuque, IA 52001
with a courtesy copy by email to the Mayor and City Attorney at the time of the notice
and to abreitfe(c�cityofdubuque.orq.
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12. Disputes.
a. Informal Negotiation.
1 . The Parties shall initially attempt to resolve all claims, disputes,
or controversies arising under, out of, or in connection with this
Agreement by conducting good faith negotiations amongst themselves.
2. The dispute shall be considered to have arisen when one party
sends to the other a written notice of dispute.
3. If the parties are unable to resolve the matter following good faith
informal negotiations within thirty (30) days, the Parties agree to submit
the dispute to mediation.
b. Mediation.
1 . Within fourteen (14) days following the expiration of the time
period for informal negotiations, the Parties shall propose and attempt
to agree upon a neutral and qualified mediator._Unless the Parties
mutually agree otherwise, a qualified mediator shall be an lowa licensed
attorney with at least 20 years of practice and a minimum of ten (10)
years of practice in municipal law.
2. In the event the Parties fail to agree upon a mediator the Parties
shall request the American Arbitration Association appoint a qualified
mediator for a mediation to be held in Dubuque County, lowa.
3. The period for mediation shall commence upon the appointment
of the mediator and shall not exceed sixty (60) days, unless such time
period is modified by mutual written agreement of the Parties.
4. The parties will bear their own costs for mediation.
5. The mediator's fees shall be shared equally by the Parties.
6. Any mediation shall be conducted pursuant to the American
Arbitration Association's Employment Arbitration Rules and Mediation
Procedures.
7. In the event the Parties cannot resolve a dispute by informal
negotiations or mediation, the Parties agree to submit such dispute to
arbitration and agree that arbitration shall be the exclusive means for
resolving disputes which the Parties cannot otherwise resolve as
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described above. The arbitration shall be heard by a single arbitrator.
c. Arbitration.
1 . Within fourteen (14) days following the expiration of the time
period for mediation, the parties shall propose and attempt to agree
upon one neutral and qualified arbitrator. Unless the Parties mutually
agree otherwise, a qualified arbitrator shall be an lowa licensed attorney
with at least 20 years of practice and a minimum of ten (10) years of
practice in municipal law.
2. In the event the Parties fail to agree upon an arbitrator, the Parties
shall request the American Arbitration Association sends each party a
list of five (5) qualified arbitrators from its Employment Dispute
Resolution Roster of arbitrators. If the Parties cannot agree upon one
arbitrator from this list, each party shall have fifteen (15) days from the
transmittal of the arbitrator list to strike names objected to, number the
remaining names in order of preference, and return the list to the AAA.
3. Arbitration shall take place in Dubuque, County, lowa, and shall
be conducted pursuant to the American Arbitration Association's
Employment Arbitration Rules and Mediation Procedures.
4. The Parties will bear their own costs for arbitration.
5. The arbitrator's fees shall be shared equally by the Parties.
d. Attorney Fees. In the event of any mediation or arbitration to enforce
any of the provisions of this Agreement, each party shall bear its own attorney's
fees and costs.
13. Governing Law. This Agreement shall be governed by the laws of the State of
lowa.
14. Severability. The provisions of this Agreement are severable, and if any
provision of this Agreement, or portion thereof, is held to be illegal, invalid, or
unenforceable, the remainder of this Agreement shall nevertheless be binding and
enforceable.
15. Binding Effect. This Agreement shall be binding upon the City, including any
successor public entity and Breitfelder, and shall remain in full force and effect altered
or amended by mutual written agreement of the parties.
16. Miscellaneous.
a. Merger. This written Agreement contains all the terms and conditions
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agreed upon by the parties, and no other agreement, oral or otherwise,
regarding the subject matter of this Agreement shall be deemed to exist or to
bind either of the parties, or to vary any of the terms contained in this
Agreement.
b. Amendments. The parties may amend this Agreement by mutual written
agreement. Such amendments shall be incorporated into and made a part of
this agreement.
c. Ambiguity. Any rule of construction to the effect that ambiguities are to
be resolved against the drafting party shall not apply in the interpretation of this
Agreement or any amendment or exhibits hereto.
17. Survival. The severance pay provisions of Section 9, in addition to Sections 10
through 16, shall survive the termination of this Agreement.
IN WITNESS WHEREOF, the parties have signed this Agreement on the �wday of
At,Atb s , 2023.
CITY OF DUBUQUE ADRIENNE BREITFELDER
0124"./71,7te, 110;*.eictt
Mayor Brad M. agh Adrienne Breitfelder, City Clerk
test: �"
_._, --1-(E ;-(2WQE-54-x
Cr na Brumwell, City Attorney Trish L. Gleason, Assistant City Clerk
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