EMPLOYMENT AGREEMENT BY AND BETWEEN THE MAYOR AND CITY COUNCIL OF BALTIMORE AND DR. ANTHONY W. BATTS THIS EMPLOYMENT AGREEMENT (?Agreement?) is entered in this .. - day of _7 -. 20l2. by and between Dr. Anthony W. Batts (?Dix Batts?) and the Mayor and City Council of Baltimore, a municipal corporation of the State of Maryland and sets out the terms of Dr. Batts?s employment as Police Commissioner for Baltimore City. As required by Public Local Laws of Baltimore City. this Agreement is subject to the City Council?s con?rmation ot?Dr. Batts as Police Commissioner. RECITALS WHEREAS. the City desires to immediately employ Dr. Batts as the Police Commissioner of Baltimore City and thereafter to appoint him to a full term as Police Commissioner consistent with 16?5. Public. Local laws of Baltimore City; and WHEREAS. Dr. Butts desires to serve as the appointed Police Commissioner of Baltimore City. NOW THEREFORE. THIS AGREEMENT WITNESSETH: That in consideration of the premises. terms and conditions contained herein. and other good and valuable consideration. the adequacy of which is acknowledged by the parties. it is agreed as follows: 1. EMPLOYMENT The City agrees to employ Dr. Batts as the Police Commissioner for Baltimore City ("Commissioner"). The parties speci?cally acknowledge the provisions of? Public Local Laws ofBaltimore City. and assert and agree that Dr. Batts is quali?ed to serve as Police Commissioner. DUTIES A. During the term ofhis service as Commissioner. Dr. Batts shall have the authority to exercise the duties and responsibilities of the Police Commissioner as detailed in Subtitle 16, Public Local Laws of Baltimore City. B. As Commissioner. in addition to performing all duties as set forth in Subtitle lo. Public Local Laws of Baltimore City, Dr. Batts shall report directly to the Mayor. Dr. Batts shall be charged with the effective and impartial enforcement of all applicable laws and regulations of the City and ofthe State of Maryland for the protection of all citizens who live or work in the City or who visit the City. C. As Commissioner. Dr. Batts?s duties and responsibilities shall include planning. organizing, directing. staffing and coordinating police operations. lie shall be responsible for reporting the operational performance of the Police Department and shall assist in the preparation of the Police Department?s budget. Dr. Batts shall formulate General Orders and other rules and procedures necessary for the effective operation of the Police Department. D. Dr. Batts shall devote his entire professional time and effort to his service as Coi?nmissioner and shall not engage in any outside paid employment, except as maybe approved and authorized in advance and in writing by the Mayor or her representative. E. During the term ofthis Agreement, Dr. Batts shall have an annual comprehensive physical examination by a licensed physician approved by the Mayor or her designee. The City shall pay the cost ofsueh examination. Any resulting medical information about Dr. Batts shall remain confidential and not be subject to disclosure. except as may be required by law. The City shall advise Dr. Batts in advance of any planned disclosure so as to afford Dr. Batts the opportunity to protect the con?dential nature of any medical report. Reports of the annual examinations shall be delivered only to the Mayor or her designee; such delivery shall not be deemed a waiver of the con?dentiality of the report. Ill. OTHER TERMS AND CONDITIONS OF EMPLOYMENT The Mayor may ?x any other terms and conditions of employment as she may from time to time determine to be desirable or necessary from time to time, relating to Dr. Batts?s performance as Commissioner, provided such terms and conditions are not inconsistent with the terms and conditions of this Agreement and the requirements of Subtitle 16. Public. Local Laws of Baltimore City. IV. TERM The term ofthis Agreement shall begin on the date of its approval by the Board of Estimates (?Effective Date?) and shall continue for an initial period through June 30, 30M. the terminus of the current term ofthe Office of Police Commissioner. Thereafter. this Agreement shall continue for a full six year term. from July 1. 2014 through June 30, 2020, as required by Public Local Laws of Baltimore City. The Mayor agrees to appoint Dr. Batts to a full six (6) year term. V. COMPENSATION A. Base Salary Dr. Batts?s base salary shall be One Hundred Ninety Thousand Dollars (S 90,000.00) per year. adjusted from time to time by any percentage increase granted to all Police Department of?cers. The City shall pay the base salary in equal bi?weekly installments. subject to such payroll and withholding deductions as may be required by law. and other deductions required by this Agreement. 13. Bene?ts The City shall reimburse Dr. Baits for relocation costs and expenses to a Baltimore City address in an amount agreed to by the Mayor or her designee and approved by the Board of Estimates. The City shall provide to Dr. Batts the health insurance. life insurance. vacation and other bene?ts provided to all heads of departments and Cabinet Members associated with the Managerial and Professional Society collective bargaining unit, or its successor. as contained in the latest version ofthe Memorandum of Understanding between A PS and the City. as such as may be amended from time to time. Dr. Batts shall also be entitled to receive at a minimum all bene?ts and allowances available to other members of the Department?s command staff. The City shall bear the full costs of any ?delity or other bonds required of Dr. Batts under any law or ordinance. Dr. Batts shall also be eligible to participate or continue to participate in the Deferred Compensation Plan offered by the City. Nothing contained in this Agreement shall alter or amend in any way Dr. Batts?s status in the Deferred Compensation Plan or the bene?ts he may be entitled to receive as a result ofhis participation in the Deferred Compensation Plan. Further, Dr. Batts shall also be eligible to participate or continue to participate in Fire and Police pension programs (including but not limited to the Deferred Retirement Option Plan) offered by the City. Nothing in this Agreement shall alter or amend any bene?ts Dr. Batts is entitled to receive as a result ofhis participation in the Fire and Police pension program. Further, Dr. Batts shall also be entitled to any ?banked" vacation time. and to use it or have it credited as do other employees. Nothing in this Agreement shall alter or amend any vacation bene?ts Dr. Batts is entitled to receive. TERMINATION A. 'l?ermination for Just Cause Dr. Batts recognizes that he may be terminated for ?just cause" by the Mayor. acting on behalf of the City. and nothing in this contract shall affect the rights of the City or of the Mayor in that respect. ?Just Cause" for purposes of this section shall be de?ned as the conduct identified in Section Public Local Laws ofBaltimore City, and. in addition. shall include conduct of the following character: (1) Persistent and repetitive dereliction ofduty on multiple occasions involving violations of multiple standards ofbehavior; (2) Chronic and excessive use of intoxieants affecting his ability to effectively perform the duties of his office. or conviction ofan offense involving the illegal sale or possession of drugs. or conviction of an offense involving the operation of a motor vehicle under the influence of intoxicants; and (3) Indictment for commission ofa felony or other crime involving moral turpitude or theft. If the City. through the Mayor, provides Dr. Batts with written notice that he is being terminated for ?just cause? as above defined. his right to salary or compensaticm and his service shall end immediately upon his receipt ofsueh written notice. However. termination for ?just cause? shall have no effect on Dr. Batts's continued entitlement to vested benefits. including but not limited to Deferred Compensation Plan bene?ts. DROP bene?ts, and Fire and Police pension bene?ts. 8. Termination without Cause Either Dr. Batts or the City may terminate this Agreement at any time without cause by giving forty??ve (45) days written notice to the other party. ?Termination without cause" is de?ned as any basis for termination other than the bases speci?cally enumerated in Section l-A of this Agreement as ?just cause? termination bases. If the City terminates this Agreement at any time ?without cause.? Dr. Batts shall be entitled to as Severance Pay plus a payout ol'accrucd salary and bene?ts. including vacation and leave time allowed to be paid out at termination. All such payments will be made within thirty days of separation. VII. RESIGNATION If Dr. Batts voluntarily resigns prior to the end of the term of this Agreement. he must giye the forty??ve (45) days written notice required by Section VI-B and shall not be entitled to Severance Pay as detailed in Section but shall receive accrued salary and bene?ts as provided for in Section PROFESSIONAL DEVELOPMENT The City shall pay for dues, travel. subsistence expenses incurred by Dr. Batts and/or reimburse Dr. Batts for those expenses he ?rst incurs for conferences, continuing education programs. law enforcement institutes and similar seminars which Dr. Butts deems are necessary {or both his professional development and for the good of the Police Department and-or ot?the City. The City encourages Dr. Batts?s participation in professional organizations and civic organizations related to thejob of Police Commissioner and will pay for such participation or reimburse Dr. Batts for expenses he ?rst personally incurs. The City encourages Dr. Batts?s participation in and appearance at local events and will pay for and/or reimburse Dr. Batts for expenses associated with such appearances. it being the City?s and Dr. Batts belief that the Commissioner serves as an ambassador ofthe City at such functions. IX. INDEMNIFICATION The City shall defend. save, hold harmless and indemnify Dr. Batts against any and all civil claims, lawsuits. causes ot'action. demand or other civil legal actions brought against Dr. Batts in his of?cial capacity as Police Commissioner of the City. The City shall pay the amount of any defense, settlement orjudgment arising out ot?such claims or causes of action for conduct within the scope of Dr. Batts?s duties as (?l?ommissioneix The City will not be obligated to pay any punitive damages which arise from Dr. Batts?s willful misconduct. While the City cannot agree to satisfy punitive damages awards without limitation or qualification, in the unlikely event that any claim against Dr. Batts survives a successful motion to dismiss or for summary disposition tiled on behalf of Dr. Batts and goes to ajury and the jury subsequently assesses punitive damages against Dr. Batts. the City?s retained counsel will file appropriate post-trial motions seeking to overturn such damages and will exhaust the appropriate appeals within the Maryland court system or to the United States Court oprpeals for the Fourth Circuit at no expense to Dr. Batts. lfsuch appeals are unsuccessful in reversing any award ofpunitive damages against Dr. Batts and the verdict becomes ?nal. the City Solicitor will then make an independent evaluation 0 t? the evidence upon which the verdict was based and recommend to the Board of Estimates that the City pay the judgment ifin the City Solicitor?s opinion the evidence does not support or warrant punitive damages under the law of Maryland. In the event that any criminal charge arising out of conduct within the scope of Dr. Batts?s duties as Commissioner is ?led in a Maryland court against Dr. Batts by a citizen without formal charge by law enforcement or other government authorities. such as and by way of example only. through indictment or warrant. the City shall provide Dr. Batts private counsel at no expense to him to assist in his defense. Nothing herein shall require the City to pay the costs of any criminal defense or any ?nes or penalties associated with any criminal action or proceeding which results in the conviction of Dr. Batts. X. MERGER CLAUSE This Agreement contains the entire agreement between the parties pertaining to the subject Matter hereof and supersedes all prior agreements, understandings. negotiations and discussions, whether oral or written. X1. AMENDMENTS This Agreement may be amended only by the mutual consent ot?all patties. Any amendment must be in writing and executed by all parties. Thereafter. the original Amendment shall be af?xed to the original of this Agreement. XII. WAIVER Any waiver of any provision of this Agreement shall not be deemed to be a waiver of other or of a subsequent breach, and shall not be construed to be a modi?cation of the terms ot? this Agreement. SEVERABILITY CLAUSE If any provision or other portion of this Agreement is held unconstitutional, invalid, or unenforceable by a court of competent jurisdiction, it shall be deemed severable and the validity of the remainder of the Agreement shall not be affected by the unconstitutional, invalid, or unenforceable provision or portion. XIV. RESOLUTION OF DISPUTES In the event of any diSpute involving any provision of this Agreement or any dispute regarding Dr. Batts?s employment with the City (with the exception of workers compensation, unemployment insurance or any other matter under the jurisdiction of the Labor Commissioner), including but not limited to claims of wrongful termination or failure to provide bene?ts, the parties agree to submit such dispute to the jurisdiction of the federal or state courts in Maryland. Venue for the adjudication of any controversy or claims arising out of or related to this Agreement shall be in the Circuit Court for Baltimore City or in the United States District Court for the District of Maryland. The parties agree that beforejudicial relief is sought, the Mayor and Dr. Batts shall meet face to face in an effort to resolve the dispute. Alternatively, upon written agreement of both parties, at the time. the parties may submit any such dispute to binding arbitration pursuant to the laws of Maryland and the provisions below. If the parties are unable to agree on the selection of a neutral arbitrator, the parties shall seiect a single arbitrator from the Maryland mediation and conciliation service or the American Arbitration Association. BGTH B??tt? Wailing-party in any such arbitration (as determined by the arbitrator; shall bear all costs of the arbitrator and any related costs of arbitratione?omma Qgg\t?ao) 33 WW 1 . XV. NOTICES Notices relating to this Agreement shall be effective when hand?delivered or when mailed by certified mail to the following: To City: George A. Nilson. City Solicitor 101 City Hall 100 N. Holliday Street Baltimore, Maryland 21202 To Dr. Anthony W. Batts: Commissioner, Baltimore City Police Department 601 E. Fayette Street Baltimore, Maryland 21202 XVI. ENTIRE AGREEMENT This Agreement shall constitute the entire agreement of the parties respecting the matters set forth herein. No oral agreement, representation or agreement, not expressed herein in writing shall be binding upon or inure to the bene?t of the parties or their heirs at law or the personal representative of Dr. Batts. ll\' WITNESS WHEREOF. the parties have entered into this Agreement effective as of the day and year first above written. SIGNATURES ON PAGE 10 ATTEST: MAYOR AND CITY COUNCIL OF BALTIMORE . Stephanie Rawling??Blake, Mayor Fa WITNESS: g; r' if: 1; I-lurk :s (SEAL) Dr. Anthony {lw Batts 4.71.3.1". 'i ,1 u. Approved as for Form and Legal Approved by the Board of Estimates: Suf?ciency . -in}: _i .. jM?g . City 51mm; .: Clerk .- Date? Being page 1 ofa l2 page Agreement by and between the Mayor and City Council of Baltimore and Dr. Anthony W. Batts. 11 DECLARATION OF INTENT 1 Dr. Anthony W. Batts, hereby declare, consistent with the provisions of Article W. Baltimore City Charter. that intend to become a Baitimore (?ity resident and a Baltimore City registered voter within six months of the date of con?rmation ot?my appointment. ?2 bate 7 12