HomeMy WebLinkAbout22-230 Resolution No. 22-230
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT TO EMPLOYMENT CONTRACT
WITH CITY MANAGER RICHARD G. KOZAL TO ADD A RESIDENCY REQUIREMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute an Amendment to Employment Contract on behalf of the City of Elgin
with City Manager Richard G. Kozal to add a residency requirement, a copy of which is attached
hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: December 21, 2022
Adopted: December 21, 2022
Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT TO EMPLOYMENT CONTRACT
THIS AMENDMENT AGREEMENT is made and entered into as of the 21" day of
December, 2022, by and between the City of Elgin, Illinois, a municipal corporation, hereinafter
referred to as the "City", and Richard G. Kozal, hereinafter referred to as either "Mr. Kozal" or
"Employee".
WITNESSETH:
WHEREAS,the City and Mr. Kozal previously entered into an employment contract dated
June 22, 2016, wherein the City employed the services of Mr. Kozal as the City of Elgin's City
Manager,hereinafter referred to as the"Subject Employment Contract"; and
WHEREAS,the City and Mr. Kozal desire to amend the Subject Employment Contract to
provide for a residency requirement for Mr. Kozal as City Manager in lieu of the previous
ordinance requirement requiring residency in the City of Elgin by Mr. Kozal as City Manager.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and in
consideration of the mutual covenants contained in the Subject Employment Contract, and other
good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the
parties hereto agree as follows:
1. The Subject Employment Contract between the City and Mr. Kozal be and is hereby
amended by adding a new Section 20 thereto entitled"Residency Requirement"to read as follows:
"Section 20: Residency Requirement. Mr. Kozal shall be required as a condition of his
continued employment with the City of Elgin as City Manager to maintain his bona fide
residence and his principal place of abode within the corporate city limits of the City of
Elgin. For the purposes of this section a bona fide residence means a permanent domicile
which has not been adopted with intention of taking up or claiming a previous residence
outside the corporate city limits of the City of Elgin."
2. That in the event of any conflict between the terms of this Amendment Agreement, and the
terms of the Subject Employment Contract, the terms of this Amendment Agreement shall
supersede and control.
3. That except as specifically amended pursuant to this Amendment Agreement, the Subject
Employment Contract and all of the terms thereof shall remain in full force and effect.
IN WITNESS WHEREOF, the City of Elgin, Illinois has caused this Amendment
Agreement to be signed and executed on its behalf by the Mayor and attested to by the City Clerk,
and Richard G. Kozal has signed and executed this Amendment Agreement,as of the day and year
first written.above.
CITY OF ELGIN
By:
Mayor, D J. k4Ktain ichard G. Kozal
ATTES
City-clerk
APPROVED AS TO FORM:
k I Yv 4/-�'
William A. Cogley, oration Counsel
Legal Dept\Agreement%ozal City Manager Employment-Amended Agr-12-9-22.doex
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