(A) The City Council hereby determines that it is advisable, necessary and in the interests of the general welfare that the municipality create and establish a police preemployment contract for potential employees of the municipality for the purpose of recovering expenditures made by the municipality in connection with hiring and training an applicant who becomes an employee of the municipality.
(B) The contract shall be in substantially the following form:
A PREEMPLOYMENT AGREEMENT WITH THE CITY
OF JOHNSTON CITY, ILLINOIS
OF JOHNSTON CITY, ILLINOIS
This Agreement is entered into this __________ day of _______________________, 20____, between __________(hereinafter referred to as (“Applicant”)), and the City of Johnston City, Illinois (hereinafter referred to as “City”).
THIS DOCUMENT IS NOT INTENDED TO BE A CONTRACT FOR EMPLOYMENT, BUT IS ONLY A PREEMPLOYMENT AGREEMENT. IT IS UNDERSTOOD BY AND BETWEEN THE APPLICANT AND THE CITY THAT EMPLOYMENT WITH THE CITY IS STRICTLY AND UNCONDITIONALLY AT WILL AND THIS PREEMPLOYMENT AGREEMENT NEITHER IMPLICITLY NOR EXPRESSLY ALTERS THAT FIRM UNDERSTANDING.
WHEREAS, Applicant has expressed interest in becoming an employee of the City; and
WHEREAS, Applicant understands that, should he/she be hired as an employee of the City, the City will incur various expenses, including but not limited to, costs of administering tests and conducting interviews; costs of performing background investigations; costs of providing equipment; costs for training sessions; and salary paid to the Applicant during their training; and,
WHEREAS, City is willing to assume the various costs associated with the examination, interviewing, and investigation of the applicant/prospective employee and the provision of equipment, training, and salary during training for the newly-hired Employee, provided the City receives a commitment from an applicant that he/she will not voluntarily or involuntary separate from the employ of the City for a minimum period of (36) months; and,
WHEREAS, the City seeks to have well-trained employees in the employ of the City; and
WHEREAS, the Applicant understands and acknowledges that should he/she be hired as an employee of the City he/she must remain in the employ of the City for a minimum of thirty-six months or else reimburse the City for the expenses incurred by the City in testing, interviewing, equipping, and training him/her according to Section 3.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained hereinbelow, the parties do freely and voluntarily enter into this Agreement.
SECTION 1. The recitals stated above are incorporated herein as part of this Agreement.
SECTION 2. The City agrees to:
(a) consider the Applicant for employment as an employee of the City in the ordinary course of procedures;
(b) if need be administer various examinations in order to determine whether the Applicant, is an appropriate candidate for employment as an employee of the City;
(c) it need be provide initial equipment;
(d) if need be provide such training and instruction as the City, in its sole discretion, deems appropriate; and,
(e) pay the Applicant’s full wages during any period in which the Applicant is being trained provided the Applicant in hired as on employee.
(f) make any appropriate per diem payments for extended training away from the City.
SECTION 3. Applicant agrees that should he/she be hired as, an employee he/she will not voluntarily or involuntarily separate from the employ of the City for a minimum of thirty-six (36) months from the date of hire has elapsed, otherwise he/she will reimburse the City for any and all costs incurred, as enumerated in Section 4 below at the following rate:
(a) one hundred percent (100%), if separation is prior to twenty-four (24) months having elapsed from date of hire; and,
(b) fifty percent (50%), if separation occurs prior to the time thirty-six (36) months, but more than twenty-four (24) months have elapsed.
SECTION 4. Schedule of costs which may be incurred by the City:
(a) administration of written and physical agility examination;
(b) interviews;
(c) background investigation;
(d) medical, psychiatric, drug-screening and other employment-related examinations;
(e) equipment issued by the City;
(f) basic training; and,
(g) salary and per diem paid during field training sessions and basic training.
SECTION 5. The obligations under this Agreement shall terminate after the completion of thirty-six (36) months from the date of hire.
SECTION 6. The Applicant understands that employment with the City is contingent upon his/her completion of a probationary period of twelve (12) months and continued performance to the satisfaction of the City. Nothing contained herein shall be construed as a promise or agreement by the City to retain the Applicant as an employee of the City for thirty-six (36) months or any portion thereof, or thereafter.
SECTION 7. The City does not, by this Agreement, waive any of the rights, privileges, or prerogatives it possess now or hereafter in effect.
SECTION 8. The Applicant agrees that should it become necessary for the City to file suit in order to collect the costs as enumerated in Section 4, he/she will pay all costs of said suit, including reasonable attorney’s fees and all interest allowed at the legal rate on the amount which is owned,
SECTION 9. The Applicant agrees that the City may retain any money from his/her paycheck, including but not limited to payment for any unused vacation, sick leave, and compensatory time, to satisfy, either in full or in part, payment of the costs enumerated in Section 4. The Applicant authorizes the City to retain monies from his/her paycheck to satisfy these payments. The Applicant agrees that the retainage authorized by this section shall not operate to waive the right of the City to commence legal proceedings against him/her to recoup any outstanding balance.
SECTION 10. The Applicant acknowledges that he/she has examined this Agreement, that he/she has read and understands this Agreement, and that he/she has the right to consult an attorney prior to entering this Agreement.
SECTION 11. Any notice that may be required by this Agreement shall be sent to the parties at the addresses below:
Applicant: City:
___________________________ City Clerk
___________________________ 100 West Broadway Blvd.
___________________________ Johnston City, IL 62951
SECTION 12. The invalidity of any portion of this Agreement will not and shall not affect the validity of any other provision. In the event, that any provision of this Agreement; is held to be invalid, the parties agree that the remaining provisions; shall be deemed in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.
SECTION 13. No modification of this Agreement shall be binding unless evidenced in writing and signed by both parties.
SECTION 14. The City agrees that it will not seek any of the costs enumerated in Section 4 should the City terminate or discharge the Applicant from the City.
Executed this ________________ day of _____________________, 20____, at Johnston City, Williamson County, Illinois.
City:
by: ______________________________
title: _________________________________
Applicant:
by: ______________________________
Witness:
___________________________________________________
(C) From and after the effective date of this section, the Mayor of the city is hereby authorized and directed to execute the agreement herein provided for, and to do all things necessary and essential, including the execution of any documents and certificates, to carry out the provisions of the agreement.
(Ord. 01-13, passed 1-8-2013)