CONTRACT OF EMPLOYMENT BETWEEN THE TOWN OF NORWELL AND. THE TOWN ADMINISTRATOR WHEREAS, the General Court has authorized, pursuant to G.L. Chapter 41, Section 108N, an employment contract between a Town acting through its Board of Selectmen and the Town Administrator; and WHEREAS, the Town desires to have such an agreement in order to set forth the salary, fringe benefits and conditions of employment of the Town Administrator. NOW THEREFORE, it is agreed by Peter J. Morin, hereinafter referred to as the "Town Administrator" or "Employee" and the Town of Norwell hereinafter referred to as "Town", that the employment relationship between the ‘Town Administrator and the Town shall be governed in accordance with the following provisions: I. APPOINTMENT AND DUTIES: The Town Administrator is appointed by the Board of Selectmen pursuant to the Charter of the Town of Norwell and G. L. c. 41 section 23A. The Employee shall serve the Town as ‘Town Administrator and shall faithfully perform the duties specified in the Charter of the Town of Norwell and shall faithfully perform such other proper duties as shall from time to time be assigned by the Board of Selectmen relative to the administration of the affairs of the Town or of any Town Office or Department under their supervision and control, or with the approval of the Selectmen may perform such other duties as may be requested of him by another town officer, board, committee or commission. Attached as Exhibit A are the Job Responsibilities and Expectations for the ‘Town Administrator. The parties agree this list is not an exhaustive list. 2, TERM: This Agreement shall cover the period of January 24, 2019 to June 30, 2021. This agreement shall be formally reviewed annually in January and if no formal vote is taken by the Board of Selectmen by January 30" of, each year of its intent not to extend the contract beyond the termination date with notice of such vote delivered to the ‘Town Administrator by February 15th, then the contract is automatically extended by one year. If the decision is not to extend the contract, the Selectmen shall notify the Employee by certified mail, retum receipt requested. Upon expiration of the Agreement, it is expressly understood and agreed that the decision not to reappoint the Employee by the Selectmen, or any failure of renewal or extension of this Agreement, shall not be construed as dismissal. 3. SALARY: The Town Administrator's salary for the period: (@) January 24, 2019 to June 30, 2019 shall be paid at the annualized rate of $160,026. (b) July 1, 2019 to June 30, 2020 shall be paid at the annualized rate of $164,026, (©) July 1, 2020 to June 30, 2021 shall be paid at the annualized rate of $168,126. For each fiscal year beyond fiscal year 2021 that the contract is extended the annual salary shall increase by two (2%) percent, The salary shall be paid in equal installments at the same time as other employees of the Town. are paid, Pe tha Towa Adetntn ae that wl ain footer eon Hara pard i eG) yon ht the effective date of this Agreement. 4. VACATION: The Town Administrator will be entitled to twenty (20) days paid vacation per year. If a holiday falls during a scheduled vacation, an additional day may be scheduled, Effective July 1, 2019 the Town Administrator will be entitled to twenty-five (25) paid vacation days per year. ‘The vacation period shall be on a fiscal year basis. Vacation time is to be used within the vacation period and prior to the next entitled vacation. The Town Administrator may carry over ten (10) days of vacation each year. 14160651 I se14162-4 21963581‘The Town Administrator shall notify the Board of Selectmen not less than thirty (30) days in advance of his intent to use vacation leave in excess of five (5) consecutive days. If the Town Administrator leaves the employ of the Town he shall be paid for any unused vacation eamed up to the last day worked. Upon the death of the Town Administrator, a payment for any earned and unused vacation leave shall be made to his estate in accordance with this Agreement. The amount of vacation pay shall be computed based upon the annual salary set forth in section 3, not including any performance bonus. ‘The Town Administrator is eligible for an annual vacation buy-back not to exceed five (5) days to be paid at a rate of one days pay for each day of vacation bought back. The annual vacation buy back shall be calculated at the ‘Town Administrator's rate of pay in effect on June 30" and the payment shall be made in the first quarter of the next fiscal year. The Town Administrator shall inform the Board of Selectmen by January 1 of his intent to exercise this option, and this date may be varied by mutual consent of the Board of Selectmen and the Town Administrator. 5. SICK LEAVE: The Town Administrator shall accumulate sick leave at the rate of twelve (12) days per year, to be available on July 1 of each year starting July 1, 2018. Unused sick leave may be accumulated up to a maximum of one hundred and twenty (120) days. The Board of Selectmen may request a doctor’ s certificate from the ‘Town Administrator for the use of sick days in excess of five (5) days in any two (2) week period. If the Town Administrator leaves the employ of the Town he will not be compensated for accumulated unused sick leave. 6. HEALTH INSURANCE: The Town shall pay 60% and the employee shall pay 40% of the premium of a health insurance plan covering the employee and eligible family members, which shall be among the plans provided by the Town to employees in the Town’s wage and compensation plan, 7. HOURS OF WORK: It is acknowledged that the duties and responsibilities of the Town Administrator in terms of the demands and requirements of his position do not permit prescribed limitations on hours of work. AS an ‘exempt employee, not entitled to overtime, the Town Administrator shall attend any meetings and report to work for those hours necessary to faithfully perform the duties and responsibilities of his position, The Board of Selectmen agrees to exercise flexibility as to the specific hours worked provided that most hours shall be during regular Town Hall business hours, 8. HOLIDAYS: The following holidays (or the day on which they are celebrated) shall be paid holidays. Holidays falling on a Saturday shall be celebrated on the preceding Friday and holidays falling on a Sunday shall be celebrated on the following Monday. ‘New Year's Day Labor Day Martin Luther King Day Columbus Day President's Day Veteran's Day Patriot's Day’ ‘Thanksgiving Day Memorial Day Friday after Thanksgiving Day Independence Day Christmas Day 9. BEREAVEMENT LEAYE: The Board of Selectmen may grant bereavement leave as needed, 10, REMOVAL OR TERMINATION: Pursuant to G.L. Chapter 41, Section 23A, the Town Administrator may be removed at the discretion of the Board of Selectmen. If said removal is without cause, the Town shall be obligated to pay the Town Administrator severance pay not less than three (3) months of his annual salary in effect at the time of removal. Prior to removal, the Board of Selectmen will grant a hearing and provide one-week notice of said hearing to the Town Administrator. In the event the Town Administrator desires to sever his employment relationship with the Town, he will provide six (6) weeks" notice of his intent. 14160851 2 161416271 2136358111. WORKERS COMPENSATION: If the Town Administrator is injured arising out of or in the course of his employment with the Town of Norwell, he may elect to receive his base pay minus any payment received under G.L. Chapter 152 except any payment received by him in excess of payments made pursuant to G.L. Chapter 152 will be deducted from his accumulated sick leave. If the Town Administrator has no accumulated sick leave, he shall only receive payments pursuant to G.L. Chapter 152. 12, DEFERRED COMPENSATION: ‘A. Inthe event of a fiscal emergency such as a reduction in Chapter 70 and unrestricted local aid the Board of Selectmen may elect to freeze the wages of the Town Administrator until Local Aid reaches the level provided in the previous year. For each year the wages of the Town Administrator are frozen by the Selectmen he shall receive, at the time of voluntary termination of his employment or retirement, deferred compensation of one week for each year his salary was frozen. B. _ Effective with this Agreement during his employment the Town, the Town Administrator shall receive one hundred ($100.00) dollars per month of deferred compensation. 13. REIMBURSEMENT FOR EXPENSES, CERTIFICATIONS AND LICENSES: Subject to appropriation, the Town shall reimburse the Town Administrator for expenses reasonably incurred in the performance of his duties under this contract and certifications and licenses including but not limited to the annual registration fee for the Board of Bar Overseers and a monthly transportation stipend of two hundred and fifty ($250) dollars. 14. PROFESSIONAL DEVELOPMENT: Subject to available funds, the Board of Selectmen will support the professional development of the Town Administrator. Such development shall include but not be limited to, ‘membership in the Massachusetts Municipal Association (MMA), Massachusetts Municipal Management Association (MMMA), Massachusetts Municipal Lawyers Association and International City and County Management Association (ICMA). The Town will also pay for attendance at courses, seminars, and other activities related to the Town Administrator's responsibilities and professional improvement. ‘The Town Administrator shall obtain prior approval of the Board of Selectmen for any travel out of state, 15. RELATIONSHIP BETWEEN THE TOWN ADMINISTRATOR AND BOARD: The Board of Selectmen shall meet with the Town Administrator at least once annually on a schedule to be agreed upon by the Board of Selectmen and the Town Administrator, for the purpose of: ‘© discussing with the Town Administrator his job description and his performance as well as the working relationship between the Board of Selectmen and Town Administrator, ‘* The Board of Selectmen’s written assessment and evaluation of the Town Administrator's job performance; © Establishment of goals and focus areas for the coming year. 16, INDEMNIFICATION: To the extent allowed under G. L. ¢. 258, the Town shall defend, save harmless, and indemnify the Town Administrator against any tort, professional liability, claim or demand, or other civil legal action, whether groundless or otherwise arising out of an alleged act or omission occurring in the performance of his duties as ‘Town Administrator, provided the Town Administrator has acted in good faith, without gross negligence or misconduct and within the authority of his position, even if said claim has been made following the expiration or termination of this ‘Agreement. The Town Administrator shall be indemnified in accordance with the provisions of Section 13 of Chapter 258 of the General Laws. The Town Administrator agrees he will promptly notify the Town of any such claim and to cooperate fully with Counsel designated by the Town to handle such claim. ‘The Town may obtain such insurance to cover its obligations hereunder as it deems appropriate, ‘This section shall survive the termination of the Agreement. 14160661 r614162_1 21983581