R-1394 - 09/09/2014 - PERSONNEL - Resolutions Supporting Documents ITEM 1 0.A.1)
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AGENDA ITEM
Regular Board of Trustees Meeting
of
September 9, 2014
SUBJECT: Village Manager Appointment
FROM: Gopal Lalmalani,Village President
BUDGET SOURCE/BUDGET IMPACT:
RECOMMENDED MOTION: Motion that the Village Board approve the Resolution R-
1394, for the appointment of Mr. Riccardo "Rick" Ginex as Village Manager pursuant to
Section 1-5A-2 of the Oak Brook Municipal Code, with a start date of October 6,2014.
Background/History:
Village President Lalmalani is recommending the appointment of Mr. Riccardo "Rick" Ginex to
the Village Manager position at the Village Board meeting.
Recommendation:
The Village Board approves the Resolution R-1394 for the appointment of Rick Ginex as Village
Manager for the Village of Oak Brook.
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Last printed 9/4/2014 4:52 PM
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To: Village President and Board of Trustees
From: Kate Andris, Human Resource Generalist
Subject: Riccardo Ginex Pre-Employment Exam Results
Date: September 4,2014
In accordance with our personnel policies Riccardo Ginex, Village Manager Candidate, has
submitted to various types of pre-employment screenings,which include: background and credit
check, medical screening including drug screen, basic physical and EKG and psychological
exam. The results of these exams are listed below:
• Background Check- Completed via Aurico on-line system:
o Drivers License History—Clear Record;
o Federal Criminal National Search—No Record;
o County Criminal Record Search—No Record;
o Multi-Jurisdiction Index Search—No Record;
o Employment Credit report—No Negative Accounts and no late payments and
o Social Security Trace Report—Trace Complete.
• Medical Exams—Completed at Occupational Health Clinic U.S. Health Works:
o Drug Screen—Negative;
o EKG—Normal; and
o Basic Physical—Medically acceptable for the position offered.
• Psychological Exam—Completed by Stanard& Associates:
o We received a verbal report of the exam, which took place the morning of
9/4/2014, and he is a suitable candidate for the position.
RESOLUTION 2014-PL-VMR-AG-R-1394
A RESOLUTION CONSENTING TO THE APPOINTMENT OF RICCARDO F. GINEX AS VILLAGE
MANAGER AND APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE VILLAGE OF OAK
BROOK AND RICCARDO F. GINEX
WHEREAS, pursuant to Section 1-5A-2 of the "Village Code of the Village of Oak Brook, Illinois,"
as amended, ("Village Code"), the Village President is authorized to appoint the Village Manager with the
consent of the Village Board; and
WHEREAS, the Village President has appointed Riccardo F. Ginex("Ginex") as Village Manager
of the Village; and
WHEREAS, the Village Board desires to consent to the appointment of Ginex to serve as the
Village Manager; and
WHEREAS, the Village and Ginex desire to enter into an agreement providing for the
employment of Ginex as the Village Manager of the Village and setting forth the scope and terms of that
employment("Agreement'); and
WHEREAS, the Village President and the Village Board have determined that consenting to the
appointment of Ginex as the Village Manager, and entering into the Agreement with Ginex, will serve and
be in the best interests of the Village;
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Consent of the Appointment. Pursuant to Section 1-5A-2 of the Village Code, the
Board of Trustees hereby consents to the appointment of Ginex to serve as Village Manager commencing
on October 6, 2014, and continuing in accordance with the Agreement. The appointment made pursuant
to this Section Two shall be"at-will".
Section 3: Authorization and Execution of the Agreement. The Village President and Village
Clerk shall be, and hereby are, authorized to execute the Agreement between the Village and Ginex after
receipt of the final Agreement fully executed by Ginex.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2014-
Consenting to the Appointment of the Village Manager and
Approving Employment Agreement
Page 2 of 3
APPROVED THIS 9th day of September, 2014
Gopal G. Lalmalani
Village President
PASSED THIS 9th day of September, 2014
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2014-
Consenting to the Appointment of the Village Manager and
Approving Employment Agreement
Page 3 of 3
EXHIBIT A
AGREEMENT
EMPLOYMENT AGREEMENT
This Village Manager Employment Agreement ("Agreement") is made and entered into
as of the day of , 2014 ("Effective Date"), by and between the VILLAGE
OF OAK BROOK, DuPage and Cook Counties, Illinois, an Illinois municipal corporation
("Village") and Riccardo F. Ginex ("Employee").
WITNESETH:
WHEREAS, pursuant to Section 1-5-2A of the Village Code of the Village of Oak Brook
("Village Code"), the Village Manager of the Village ("Village Manager") shall be appointed by
the Village President, with the consent of the Village Board of Trustees; and
WHEREAS, after completing the interview process, the Village President desires to
appoint Employee as Village Manager, and Employee desires to be employed as the Village
Manager; and
WHEREAS, Employee and the Village have agreed that it is appropriate to document the
terms and conditions of Employee's employment by the Village; and
WHEREAS, the Village and Employee agree that the terms and conditions as provided in
this Agreement are appropriate for the employment of Employee as Village Manager; and
WHEREAS, the Village President and Board of Trustees have determined that entering
into this Agreement is in the best interests of the Village and its residents;
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
below, and other good and valuable consideration, the receipt and sufficiency of which are
mutually acknowledged by the parties hereto,the Village and Employee hereby agree as follows:
Section 1. Recitals.
The recitals above are incorporated into and are deemed to be an integral part of this
Agreement.
Section 2. Appointment; Village Manager Position.
A. General. The Village agrees to employ the Employee as Village Manager. The
Employee accepts the employment as Village Manager and agrees to perform the functions and
duties set forth in this Agreement and as further required and provided in the Village Code and
the Illinois Municipal Code, and to otherwise perform the additional legally permissible and
proper duties and functions as the Village President or the Village Board, by a majority vote of
the Village Board, may from time to time assign. The Code of Ethics promulgated by the
International City/County Management Association ("ICMA") is incorporated into this
Agreement and made a part of this Agreement. It is agreed that the ICMA Code of Ethics
furnishes principles to govern the Employee's conduct and that the Village will respect
Employee's compliance with such code during the term of this Agreement.
B. Specific Duties and Responsibilities. The Employee will perform all reasonable
duties and activities commonly associated with the Village Manager position, including, without
limitation, the direction, supervision, and coordination of the administration of all departments,
offices, and agencies of the Village, except as otherwise provided by law, and such duties as may
be established by Village ordinance from time-to-time, including, without limitation, duties
assigned to the Village Manager pursuant to Section 1-5A-1 et seq. of the Village Code. The
Employee will engage in any and all other reasonable activities and will perform the other legal,
permissible, and proper tasks that may be assigned to the Employee by the Village pursuant to
Subsection 2.A of this Agreement. All duties, activities, and additional or other assigned
activities and tasks will be consistent with the Employee's background, training, and
qualifications and within the range of tasks normally considered incidental to or implied by the
Village Manager position. The Employee will report directly to the Village President and the
Village Board and will generally prepare a weekly "Village Manager's" report regarding the
Employee's activities and related Village matters.
C. General Work Hours. Employee is employed as a salaried employee and must
devote a great deal of time outside normal office hours to the business of the Village. At a
minimum, the Employee's hours will include the hours during which the Village Hall
administrative department is open to the public, plus such additional time as may be necessary to
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undertake and fulfill the duties of Village Manager, including attendance at all Village Board
meetings except in exceptional circumstances approved by the Village President. The Appointee
will also be expected to attend various Village events, such as homeowner association meetings,
the Taste of Oak Brook, and Village polo matches.
D. Conflict of Interest. In no event will the Employee engage in any outside interest
or income-producing endeavor that constitutes a conflict-of-interest under any applicable federal,
state, or local statute, law, code, order, ordinance, rule, or regulation, including, without
limitation, Section 1-10-1 et seq. of the Village Code.
E. Abide By Policies. The Employee will abide by all legally permissible and proper
policies and decisions of the Village, whether now or hereafter existing.
Section 3. Term; At-Will Employment; Termination; Resignation; Severance Pay
A. General Nature of Employment. The initial term under this Agreement will be
from the Effective Date to December 31, 2014 ("Initial Term"). The next term and each term
thereafter (each, an "Additional Term") shall be for one year, from January 1 to December 31 of
the applicable Additional Term. The Agreement will automatically extend for one or more
Additional Terms unless the Village Board affirmatively determines not to renew the Agreement.
Notwithstanding the Additional Terms provided under this Subsection, the Employee serves at
the will of the Village. Nothing in this Agreement shall prevent, limit, or otherwise interfere with
the right of the Village to terminate the employment of the Employee at any time subject only to
the provisions set forth in this Agreement. Nothing in this Agreement shall prevent, limit, or
otherwise interfere with the right of the Employee to resign at any time his position as Village
Manager, subject only to the provisions set forth in this Agreement.
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B. Termination Without Cause; Severance Payment. In the event that the Village,
without cause, fails to reappoint or renew this Agreement, or otherwise terminates the
employment of the Employee, the Village will pay the Employee a severance payment
("Severance Payment") according to the following schedule: (i) during the first 180 days of this
Agreement, the Severance Payment will equal two months of the Employee's then annual base
salary; (ii) from the 181st day through the first annual anniversary of this Agreement, the
Severance Payment will equal four months of the Employee's then annual base salary; (iii) from
the day after the first annual anniversary through the second annual anniversary of this
Agreement, the Severance Payment will equal five months of the Employee's then annual base
salary; (iv) from the first day after the second annual anniversary through the termination of this
Agreement, the Severance Payment will equal six months of the Employee's then annual base
salary. The Severance Payment shall be paid in the manner requested by the Employee. If it is
determined by the Employee that it would be beneficial from a retirement benefits standpoint to
remain on the payroll of the Village during the term of the severance or any portion of the term
of the severance, the Employee may so choose provided that the Village will not be obligated to
make any payments, or provide benefits, to or on behalf of the Employee other than the
Severance Payment and payments due under Subsection 3.G of this Agreement, if applicable.
C. Termination For Cause. For purposes of this Agreement, "cause" shall exist (i)
upon conviction or a plea of nolo contendere of an offense damaging the integrity or reputation
of the Village; or (ii) upon a finding by a court or by any administrative agency with competent
jurisdiction of any malfeasance of office, moral turpitude, fraud, or misconduct under the
statutes and laws of the State of Illinois or the Village Code that causes substantial harm to the
reputation of the Village, regardless of whether the conduct requires removal from office; or (iii)
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upon the Employee's substantial and material failure to perform the Employee's duties under this
Agreement or the applicable provisions of the Village Code or the Illinois Compiled Statutes. No
Severance Payment will be due to the Employee if the termination of Employee's employment is
for cause, as defined in this Subsection.
D. Notice of Intent to Terminate. The Village shall provide the Employee written
notice of the Village's intent to terminate the employment of the Employee under Paragraph
C(iii) of this Section. The notice shall provide the Employee with not less than seven calendar
days ("Notice Period") to request a meeting with the Village (represented, as designated by the
Village, by the Village President, the Village Board, a committee of the Village Board, and/or
any other representatives designated by the Village). The meeting, if requested, shall take place
within 14 calendar days immediately after the date of the notice. The meeting, if requested, will
provide the Employee an opportunity to respond to the grounds identified by the Village for
termination. The Village may, but will not be obligated to, provide the Employee an opportunity
to cure the grounds for termination as identified by the Village. The Village will have the
absolute right to terminate the employment of the Employee under this Subsection at any time
after the Notice Period, if no meeting is requested, or at any time after the meeting.
E. Resignation. In the event that the Employee voluntarily resigns his position with
the Village, the Employee must first provide a minimum of 60 days written notice unless the
Village and the Employee agree otherwise. No Severance Payment shall be due to the Employee
if termination of Employee's employment is as a result of the Employee's resignation as
provided in this Subsection.
F. Disability. Any disability that renders the Village Manager unable to perform his
duties as required under this Agreement due to personal sickness, accident, injury, mental
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incapacity, or health status will be subject to the applicable provisions of the Village of Oak
Brook Personnel Manual ("Personnel Manual").
G. Accrued and Unused Benefits. In the event that the Employee's employment is
terminated as provided in this Agreement, the Employee will be compensated for any accrued
and unused sick leave, vacation leave, holidays and other accrued benefits as provided in the
Personnel Manual.
Section 4. Compensation.
A. Base Salary. The Village will pay the Employee an annual base salary of
$165,000, payable in installments at the same time that other management level employees of the
Village are paid. The Employee's compensation will be adjusted as the Village and the
Employee may agree. Consideration for these adjustments shall be given by the Village no less
than on an annual basis commencing and prior to the end of each Additional Term of this
Agreement. As part of consideration of increases or changes to the Employee's compensation
under this Subsection, the Village will provide the Employee with a performance review utilizing
reasonably objective and defined standards to be established by the Village.
B. Deferred Compensation. Beginning at the end of 2015, and at the end of each
subsequent calendar year, the Village will pay into a deferred compensation plan chosen by the
Employee on the Employee's behalf an amount equal to seven percent (7%) of the Employee's
then year-end base salary, as established under Subsection 4.A of this Agreement. The Village
will effect any applicable and appropriate income and other tax reporting and withholding, as
may be required under applicable tax laws.
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Section 5. Insurance and Leave Benefits.
A. Insurance. The Village agrees to provide the Employee with all employee
benefits and privileges (including health, dental, vision, and life insurance, Illinois Municipal
Retirement Fund benefits in accordance with the Illinois Pension Code, vacations, sick leave)
equivalent to that which is provided to all other "tier 2" management level employees of the
Village of Oak Brook under the Personnel Manual. The Employee's group health insurance
coverage shall commence immediately following the standard waiting period required under the
Village's insurance plan documents. Notwithstanding anything to the contrary in the foregoing,
at the Employee's option, instead of procuring medical insurance through the Village, the
Employee may choose to remain on his current medical insurance plan, in which case the Village
will pay, beginning on the date the Employee would be eligible to receive medical insurance
under the Village's insurance plan documents if the Employee was on the Village's medical
insurance plan, the employer's portion of the Downers Grove premium based on the percentage
allocation applicable to the Village's non-union tier 2 "employee + one" PPO plan, as such
amount may fluctuate from time to time, provided, however, that such amount is comparable to
the amount the Village would pay if the Appointee was on the Village's non-union tier 2
"employee + one" PPO plan.
B. Leave. The Employee is entitled to 7.5 days (60 hours) of paid vacation from the
Effective Date of this Agreement to the end of 2014, and 160 hours of paid vacation annually
thereafter. The Parties acknowledge and agree that payment for any unused vacation days
and/hours will be governed and paid in accordance with the Personnel Manual. The Employee
will receive personal days, holidays, and accrue sick leave as provided in the Personnel Manual.
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Section 6. Automobile and Cell Phone Allowance.
A. Automobile Allowance. In addition to any other payments payable by the Village
to the Employee under this Agreement, the Village will pay the Employee an additional $500.00
per month as a car allowance ("Car Allowance"). The Village will effect any applicable and
appropriate income and other tax reporting and withholding to the Car Allowance, as may be
required under applicable tax laws. The Employee will not be entitled to payment or
reimbursement from the Village for any mileage, gasoline, auto insurance, maintenance, or other
automobile-related expenses in addition to the Car Allowance.
B. Cell Phone Allowance. In addition to any other payments payable by the Village
to the Employee under this Agreement, the Village will pay the Employee an additional $100.00
per month as a cell phone allowance ("Cell Phone Allowance"). The Village will effect any
applicable and appropriate income and other tax reporting and withholding to the Cell Phone
Allowance, as may be required under applicable tax laws.
Section 7. General Business Expenses.
A. General Business Expenses. Except for automobile and cell phone expenses,
which are governed by Section 6 of this Agreement, the Village will reimburse the Employee for
all necessary and reasonable expenses incurred by the Employee in the performance of his
professional duties and responsibilities as required pursuant to this Agreement, subject to the
presentation of appropriate expense vouchers and supporting materials in accordance with the
Village's applicable rules and policies and subject to review and approval by the Village. Subject
to Subsection 6.A of this Agreement, reimbursement under this Section will include, without
limitation, reimbursement for the Employee's reasonable cost and expense of travel related to
Village business in accordance with the Village's policy for management employees.
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B. Professional Association Memberships; Conferences. The Village will pay for (i)
the reasonable costs of dues for the Employee to join not more than three professional municipal
management associations and (ii) other mutually agreed upon expenses for professional
development. The Village will also pay for the Employee's travel (including registration,
lodging, and meals) to one in-state overnight and one out-of-state overnight professional
development conference per year. The Village and the Employee will consult in advance
regarding the Employee's attendance at other local seminars.
C. The 2014 ICMA Conference. The Village will reimburse the Employee up to
$550.00 for his costs to attend the 2014 ICMA Conference. Notwithstanding anything to the
contrary in Subsections 7.A and 7.B of the Agreement, the Employee will not be eligible to
receive reimbursement from the Village for any costs or expenses related to his attendance at the
2014 ICMA Conference in excess of$550.00.
Section 8. Outside Activities.
The employment provided pursuant to this Agreement will be the Employee's sole
employment. However, with the notification and approval of the Village Board, which approval
will not be unreasonably withheld, the Employee may accept limited teaching and related
opportunities so long as those opportunities do not interfere or conflict with the Employee's
responsibilities and duties set forth in this Agreement.
Section 9. Confidentiality.
The Employee acknowledges that the Employee will have access to information which is
not generally known outside the corporation known as the Village of Oak Brook ("Confidential
Information"). Confidential Information does not include information in public documents or
information that is generally in the public domain prior to disclosure. During his term of
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employment, and for five years following the termination of employment, the Employee
covenants and warrants that, without the prior written authorization of the Village, the Employee
will not directly or indirectly use, divulge, furnish, or make accessible Confidential Information
to any person, firm, government body or agency, or corporation other than persons, firms or
corporations employed and/or retained by the Village in a fiduciary capacity, but instead will
keep all Confidential Information strictly and absolutely confidential except as otherwise
provided in this Agreement or as disclosure is required by law. If Employee is required to
disclosure Confidential Information while the Employee remains bound by this Section 9, the
Employee must provide the Village notice no less than five business days prior to such
disclosure.
Section 10. Property of the Village.
All business plans, financial data, reports, memoranda, correspondence, and all other
documents pertaining to the current or prospective business of the Village are and will at all
times remain the property of the Village. The Employee covenants that, upon the termination of
employment, the Employee will not retain and will return to the Village all of the business plans,
financial data or reports, memoranda, correspondence and all other documents pertaining to the
current or prospective business of the Village.
Section 11. Miscellaneous Provisions.
A. Notice. Any notice required or permitted to be given pursuant to this Agreement
will be in writing and shall be deemed given upon delivery of the notice in person or on the
second day after posting by certified mail with postage prepaid and with return receipt requested,
addressed as follows to the party to whom the notice is given, unless modified in any notice
subsequently given by that party:
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If to the Village:
Village of Oak Brook
Village President
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
If to the Employee:
Mr. Riccardo Ginex
B. Entire Agreement. This Agreement constitutes the entire understanding of the
parties with respect to the Village Manager employment and supersedes any prior written and
oral agreements and understandings pertaining to the Employee's employment.
C. Amendments. No amendments, changes, modifications, alterations, or waivers of
any provision of this Agreement will be valid unless made in writing, approved by the Village
Board of Trustees, and signed by the parties.
D. No Waiver. Any failure in the exercise of either party to enforce any provision of
this Agreement will not prejudice the party's right to demand strict performance or enforcement
of any future performance required under this Agreement.
E. Assignment. This Agreement with respect to the Employee is personal in nature
and the Employee may not assign this Agreement or any of the Employee's rights or obligations
under this Agreement without the consent of the Village.
F. Binding Effect. This Agreement is binding on the Employee and, pursuant to
Illinois state statutes, this Agreement is binding on the Village and its successors and assigns.
G. Governing Law. The execution, validity, construction, interpretation,
performance, and enforcement of this Agreement is governed by the internal laws, but not the
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conflict of laws rules, of the State of Illinois. Nothing in this Agreement is intended to abrogate
the Employee's obligations under Illinois law.
H. Severability. In the event any term of this Agreement is held unconstitutional,
illegal, invalid, or unenforceable, in whole or in part, by a court of competent jurisdiction, neither
the validity of the remaining part of the term, nor the validity of any other terms of this
Agreement will in any way be affected.
I. No Third Party Beneficiaries. No claim as a third party beneficiary under this
Agreement by any person, firm, or corporation shall be made, or be valid, against the Village or
the Employee.
J. Acknowledgements. The parties mutually acknowledge that they have entered
into this Agreement voluntarily and have had an opportunity to have the Agreement reviewed by
counsel of their choosing.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
executed, effective as of the date first written above
ATTEST: VILLAGE OF OAK BROOK, an
Illinois municipal corporation
By: By:
Charlotte Pruss, Village Clerk Gopal Lalmalani, Village President
ATTEST: RICCARDO F. GINEX
By: By:
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