Luna's Contract: A Lifetime of Excesses & Greed

7/30/2019 Luna's Contract: A Lifetime of Excesses & Greed

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RESOLUTION NUMBER 10- 210BOROUGH OF LODI

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WHEREAS, the Borough of Lodi (hereinafter referred to as the "Borough") desires to _ _enter into an Agreement with Municipal Manager Anthony Luna of the Borough of Lodi(hereinafter referred to as " Manager") for the period of May 1. 2010 through December31, 2013 (hereinafter referred to as the "Agreement"); andNOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough ofLodi that the Borough of Lodi enter into an Agreement with Manager Anthony Luna ofthe Borough of Lodi for the period of May 1, 2010 through December 31, 2013 in theform of Agreement annexed hereto;BE IT FURTHER RESOLVED that the Mayor shall be and is hereby authorized toexecute said Agreement on behalf of the Borough.Adopted this 17th day of May, 2010.

A T T ! j~ktLtt,t~Debra Cannizzo, MuniCiPBferkruce T. Masopust, Mayor

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AGREEMENTBETWEEN

THE BOROUGH OF LODI

ANDANTHONY LUNA

LODI MUNICIPAL MANAGER

FOR THE PERIOD MAY 1, 2010 THROUGH DECEMBER 31,2013

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ARTICLE 1 - RECOGNITION

THIS AGREEMENT entered into on this _ day of May, 2010, by and betweenthe Borough of Lodi, in the County of Bergen, New J ersey (hereinafter referred to as the"Borough") and Municipal Manager, Anthony Luna (hereinafter referred to as the"Manager"), hereby establishes the following terms and conditions of employment forthe position of Manager. This Agreement represents the complete and finalunderstanding on all bargaining issues between the Borough and the Manager.ARTICLE 2 - MANAGEMENT RIGHTS

The Borough hereby retains and reserves unto itself all powers, rights, authority,duties and responsibilities conferred upon and vested in it prior to the signing of thisAgreement by Laws and Constitution of the State of New J ersey and of the UnitedStates, except those limited by the specific and express terms of this agreement, andthen only to the extent that such specific and express terms hereof are in conformancewith the Constitution and the laws of New J ersey and the United States.ARTICLE 3"- BASIC RESPONSIBILITIES OF THE MUNICIPAL MANAGER

Pursuant to State Law, N.J .S.A. 40:82-1 et seg., the Ordinances of the Borough"of Lodi, Regulations and Policies established by Mayor and Council, the responsibilitiesof the Manager, including but not limited to, are as follows:A. Be the chief executive and administrative official of the municipality;B. Compile and submit to the municipal council the tentative annual budget;

C. Execute all laws and ordinances of the municipality;D. Appoint and remove all department heads and all other officers, subordinates,

and assistants for whose selection or removal no other method is provided in this

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subtitle, supervise and control his appointees and report all appointments orremovals at the next meeting thereafter of the municipal council;

E. Negotiate contracts for the municipality subject to the approval of the municipalcouncil, make recommendations concerning the nature and location of municipalimprovements and execute municipal improvements as determined by themunicipal council;

F. See that all terms and conditions imposed in favor of the municipality or itsinhabitants in any statute, public utility franchise or other contract are faithfullykept and performed, and upon knowledge of any violation call the same to theattention of the municipal council;

G. Attend all meetings of the municipal council with the right to take part in thediscussions, but without the right to vote;

H. Recommend to the municipal council for adoption such measures as he maydeem necessary or expedient, and make reports to the council as requested byit, and at least once a year make an annual report of his work for the benefit ofthe council and the public;

I. Investigate at any time the affairs of any officer or department of the municipality;J. Perform such other duties as may be required of the municipal Manager by

ordinance or resolution of the municipal council;The Municipal Manager shall in all matters act under the direction and supervision andsubject to the approval of the municipal council.

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ARTICLE 4 - WORK WEEK

The Manager shall spend sufficient time at his job to insure the efficient,economical, managerial operation of the Borough of Lodi over which he has directmanagement responsibility.ARTICLE 5 - SICK LEAVE

A. Sick leave is hereby defined to mean an absence from duty by the Manager,while in good standing, due to illness, accidental injury, disability and exposure tocontagious disease or the necessity to attend to and care for a seriously ill orinjured member of his immediate family or household member.

B. In the event the Manager is absent from work on sick leave due to any of theabove stated reasons, not caused by other employment or business ventures, hemay request and shall be granted a leave of absence with full pay, as hereinprovided.

C. If the Manager is absent from work on sick leave and is unable to report for workfor seven (7) or more consecutive working days, the Borough may require theManager to submit acceptable medical evidence substantiating the need for sickleave.

D. When the Manager is absent from work for reasons that entitle him to sick leave(beyond seven (7) days), Manager shall notify Mayor and next in command asearly as possible, but no later than eight (8) hours prior to the start of thescheduled work shift from which he is absent, except in the case of anemergency.

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E. The term immediate family for the purpose of this article shall include thefollowing: spouse, parent, stepparent, child, stepchild, foster child, any otherrelative residing in the Manager's household.

F. Sick leave shall accrue for the Manager at the rate of fifteen (15) working days inevery calendar year of employment which shall accumulate from year-to-year.Manager shall be paid for accrued sick leave upon retirement, separation,termination except for cause! and shall be paid for 120 days at then per diem

G. In addition and in accordance with the provisions of law governing sick leave forManager may, upon approval of governing body by Ordinance, be granted up toone (1) year sick leave, not related to accumulated sick days which are herebyexpressly authorized.

ARTICLE 6 -INJURY LEAVEA. Inthe event the Manager becomes disabled by reason of work related injury or

illness and is unable to perform his duties, then, in addition to any sick leavebenefits otherwise provided for in this Agreement, the Manager shall be entitledto full pay for a period of one (1) year. If the Manager exercises this right, he shallsurrender to and deliver any workman's compensation salary payments to theBorough of Lodi in order to receive his entire salary payment.

1 For Cause. Any employee including Manager who has been dismissed,resigns or retires due to any violation of Borough Policies and/or State or Federal Law-and such separation/dismissal of service has been upheld by NJ Department ofPersonnel or Court of proper jurisdiction.2 Subject to applicable law.

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B. When injured on duty (100), whether slight or severe, the Manager must makean immediate report, if practicable, prior to the end of the day. Failure to reportany injury may result in the failure of the Manager to receive compensation underthis article.

C. The Manager will be required to present evidence, by way of a certificate orreport of a physician designated by the Borough, that he is unable to work, andthe Borough may reasonably require the Manager to present such certificates orreports from time-to-time.

ARTICLE 7 - FUNERAL LEAVE

In the event of a death in the Manager's immediate family (herein defined aseither a spouse, parent, stepparent, grandparent, sibling, child, stepchild, foster child,grandchild, parent-in-law, brother-in-law, sister-in-law, daughter-in-law or son-in-law) orany relative(s) residing in the Manager's home, Manager shall be granted time off,without loss of pay, commencing no later than the day of the funeral, but in no event toexceed four (4) consecutive calendar days.ARTICLE 8 -VACATIONS

A. The Manager shall be entitled to all the provisions governing vacation allowanceas follows:

First year up to two years of Continuous Service ("CS") 12daysSecond year to third year of CS 15daysThird year and on of CS 20 days

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B. The Manager shall be entitled to schedule his vacation time, provided that theManager shall not take vacation leave unless subordinates are available to assumecontrol of, and responsibility for, the operation of the Borough of Lodi.

C. Any unused and accrued vacation time as provided herein (not to exceed 120working days) shall be compensated for by the Borough as straight time at thethen per diem rate of pay when the Manager becomes separated, eithervoluntarily or involuntarily, or retires from employment with the Borough of Lodifor other than cause."

ARTICLE 9 - HOLIDAY TIME

A. The Manager shall be entitled to thirteen (13) paid holidays per calendar year; asfollows below:

New Year's Day Labor DayMartin Luther King Day Columbus DayPresidents Day Veteran's DayEmployee's Birthday Election DayGood Friday Thanksgiving DayMemorial Day Christmas DayIndependence Day

Holidays which fall on Saturday shall be observed the preceding Friday. Holidayswhich fall on Sunday shall be observed the following Monday.

4 For Cause. Any employee including Manager who has been dismissed,resigns or retires due to any violation of Borough Policies and/or State or Federal Law -and such separation/dismissal of service has been upheld by NJ Department ofPersonnel or Court of proper jurisdiction.

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B. Any unused and accrued Holiday pay time shall be compensated for by theBorough as straight time at his then per diem rate, when the Manager becomesseparated, either voluntarily or involuntarily, or retires from employment with theBorough of Lodi for other than cause."

ARTICLE 10 - PERSONAL DAYS

A. The Manager may utilize three (3) Personal Days a year for leave for personal,business, household or family matters as described below.

B. A business means an activity that requires the presence of the Manager duringthe workday and is of such personal nature that it cannot be attended to at a timeoutside of the workday.

C. Any unused Personal Days shall not be compensated for by the Borough. Anyunused personal days must be used by end of calendar year or will be forfeited.

ARTICLE 11 - MEDICAL AND INSURANCE COVERAGE

A. The Manager shall be entitled to and shall receive the same family coverageprovided to all Borough employees covered under medical coverage as providedinAttachment One.

B. The Borough shall supply the Manager with necessary legal advice and counselin defense of charges filed against him in the performance of his duties inaccordance with the laws of the State of New J ersey and the United States. Theselection of an attorney may be made by the Manager subject to the approval ofthe Borough and such approval shall not be unreasonably withheld by theBorough. The Borough shall similarly be responsible for indemnification and

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counsel in connection with all claims, including compensatory and punitivedamages, for actions filed subsequent to the expiration date of this agreement.

C. The Borough shall provide life insurance coverage to the Manager in an amountequivalent to one times annual salary as currently provided by StandardInsurance Company RD Portland, Oregon.

ARTICLE 12 - PERSONAL CARA. The Borough agrees to supply the Manager with an unmarked automobile to be

used for Borough work and for personal use, since the Manager is subject tobeing on-call for any reason 24 hours a day. The make and model of theautomobile shall be determined by the Borough.

B. The Manager shall be permitted to use the car for his personal use. Personal useincludes but is not limited to the transportation of family members and non-borough personnel locally and outside Borough of Lodi. There shall be no limit onthe use of the automobile for borough work or anything associated with Boroughwork, such as attending meetings, school outings, trips, conventions,conferences and any other traveling needed to'carry out the duties of theBorough of Lodi.

C. The Borough shall pay all expenses for the operation and upkeep of theautomobile, such as car insurance, tires. gas, oil changes, brakes and any othernecessary repairs.

D. The automobile shall not be used by anyone other than the Manager except thatthe Manager may designate any borough employee or other members of theBorough, as appropriate, to use the vehicle for a designated purpose.

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ARTICLE 13 - SALARYA. Commencing May 1, 2010, the base annual salary of the Municipal Manager

shall be $128,710.00 which shall be pro-rated.B. Commencing on J anuary 1, 2011, there will be an increase to the base annual

salary of Municipal Manager wherein such base annual salary shall be$133,215.00.

C. Commencing on J anuary 1, 2012, there will be an increase to the base annualsalary of Municipal Manager wherein such base annual salary shall be$137,878.00.

D. Commencing on J anuary 1, 2013, there will be an increase to the base annualsalary of Municipal Manager wherein such base annual salary shall be$142,704.00.

ARTICLE 14 - EDUCATIONAL PROGRAMS CONFERENCESA. The Manager shall be permitted to attend and be compensated for, at his regular

salary, any school, seminar or retraining session conducted by the InternationalAssociation of Municipal Managers, New J ersey Association or any othereducational program of a management or supervisory nature. All expenses, suchas travel, room, food, tuition, special clothing, books or any other chargesconnected with the educational program shall be borne by the Borough. In noevent shall the Borough be required to payor reimburse the Manager for

expenses of any class, course, school or educational program unrelated toBorough activities.


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B. The Borough agrees to grant time off, including travel time" and pay allassociated and reasonable expenses for the Manager to attend the annual NewJ ersey State Association Conference and the annual International AssociationConference. The expenditures for the above named conferences shall notexceed actual cost unless expressly permitted by the Borough. If the Managerattends a conference at Borough expense, the Manager shall provide theBorough with proof of expenses for attending such conferences, by way ofcompleting Travel Expense Voucher (provided by Borough) and by supplyingpaid receipts or vouchers related to expenses.

C. The Borough also agrees to pay for the Manager's dues for membership in TheNew J ersey State Association of Managers, The International Association ofManagers and the National Association of Managers. The total amount ofmembership dues shall not exceed actual cost. ,

ARTICLE 15 - SEPARABILITY AND SAVINGS

If any provision of this Agreement, or any application of this Agreement, is held tobe invalid by operation of law or by a court or other tribunal of competent jurisdiction,such provision shall be inoperative, but all other provisions shall not be affected therebyand shall continue in full force and effect.ARTICLE 16 - FULLY BARGAINED PROVISION

This agreement represents and incorporates the complete and finalunderstanding and settlement by the parties on all bargain able issues which were or

6 Travel Time. When outside jurisdiction of three (3) hours by automobile,Manager will (at his own discretion) be entitled to one (1) day off prior to departure andone (1) day off upon return at no charge to any leave time whatsoever.

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could have been the subject of negotiations. During the term of this Agreement, bothparties will be required to negotiate with respect to any such matter, whether or notcovered by this Agreement, and whether or not within the knowledge or contemplationof either or both parties at the time they negotiated or signed this Agreement. Thewithin Agreement shall cancel any and all prior agreements heretofore entered betweenthe parties.ARTICLE 17 - CONTINUATION OF BENEFITS NOT COVERED BY THISAGREEMENT

All employment conditions not covered by this Agreement shall continue to begoverned, controlled, and interpreted by reference to Borough Charter, Ordinance, Title40A of the New J ersey Code or Rulesand Regulations, N.J .S.A. 40:82-1 et seg(Municipal Manager Applicable Laws) of the Department for the Borough, including butnot limited to severance of service payment not to exceed three (3) months as providedfor under N.J .S.A. 40:82-3(b).ARTICLE 18 - TERM AND RENEWAL

This Agreement shall be fully binding upon the execution hereof and shall remainin full force and effect through December 31,2013 and shall further remain in effect untilsuch time as it is renegotiated by the parties (at least sixty (60) days prior to date ofexpiration).

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..IN WITNESS WHEREOF, the parties hereto have set their hands and seals this

__ day of May, 2010, to be effective as of the first day of May, 2010.

By:.-!:~~~~~~~ _Anthony Luna, ager

ATTEST OR WITNESS. .~4,ha c1-~~-Debra A. Cannizzo, BOfOlJQHferk

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MEDICAL COVERAGEA. (1) The Borough shall provide medical, prescription and eye care coverage toManager at not less than the level of coverage provided by the StateHealth Benefits Program ("SHBP") in effect for Manager on J anuary 1,2010 under the Direct 10 Plan.(2) No further claims shall be filed after May 1, 2010 for reimbursement ofdoctor visit co-pays, prescription co-pays, out-of-network providers andservices, hospital co-pays or the like as provided under the level ofbenefits in effect prior to J anuary 1, 2010. Manager shall be responsiblefor any and all applicable co-pays and deductibles under the SHBP, aswell as any and all costs and expenses not covered by the SHBP plan.(3) Effective May 1, 2010, Direct 10 shall be the base plan for Manager. TheBorough shall pay for the full cost of the premiums for Manager that enrollin the Direct 10 Plan.

Attachment One

B. Upon retirement or termination from employment or non-renewal of theAgreement between the Borough and the Manager, the Borough of Lodi shallreimburse the Manager for an amount not to exceed $5,000.00 annually for anysupplemental health coverages he shall purchase upon retirement or terminationof his employment from the Borough. Said reimbursement for supplementalhealth coverages shall be made to the Manager for the rest of his life. Saidreimbursement shall be made payable to the Manager upon the Boroughreceiving a statement or invoice from the insurance company that provides thesupplemental health insurance that was purchased.

C. The Borough will maintain the current prescription drug program (State HealthBenefits Direct 10 Plan) for the Manager covered by this Agreement.D. All increases in premiums during the term of this Agreement shall be bornentirely by the Borough.E o The Borough will maintain whatever level of dental coverage is currently in effectas of the date of execution of this Agreement.F. The Borough will provide, at its expense, the influenza inoculations to be given tothe Manager.G. The parties agree that there shall be no changes in future medical coveragesuntil there has been negotiation on the subject. The Borough shall provide

advanced notice of any intended change together with sufficient information sothat the Manager can evaluate said proposed change. The Manager shall thenpromptly meet and negotiate with the Borough as to the proposed change.H. The Borough shall provide for Hepatitis B inoculations for Managerduring the term of this Agreement.

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Luna's Contract: A Lifetime of Excesses & Greed