Photo by Howard Owens
By a vote of seven to one, City Council agreed to the second three-year contract for current City Manager Rachael Tabelski during Monday’s business meeting.
The contract, effective March 8, 2024, includes a starting salary of $123,290. That salary takes effect April 1. Subsequent salaries will be equivalent of the percent of nonunion pay raises in 2025 and 2026 in accordance with the city’s normal payroll practices for other non-union employees of the city of Batavia.
During the Nov. 27 City Council meeting, member Bob Bialkowski raised the issue of tying Tabelski’s salary to other nonunion employees and suggested that her salary instead be a stand-alone salary, raise and benefits. Council President Eugene Jankowski said that he agreed with the contract as is, and the remaining council members agreed with him.
The vote came before the council Monday evening, and Councilman Bob Bialkowski again voiced his objection.
“I’ll restate what I’ve stated in the past, no reflection on the city manager, whatsoever, but it should be a totally stand-alone contact, it shouldn’t be tied in with other employees,” Bialkowski said just before the vote at City Hall. (Editor's Note: this statement has been revised because it was misinterpreted in the original version.)
Members John Canale, Rich Richmond, Eugene Jankowski, Paul Viele, David Twichell, Al McGinnis and Kathy Briggs voted yes to Bialkowski’s no. Councilwoman Tammy Schmidt was absent.
Tabelski was appointed as city manager in March 2021 after working as interim manager since June 2020.
As per other non-union employees, the contract also includes retirement benefits, medical insurance from the employer that agrees to provide for health, hospitalization, surgical, vision, dental and comprehensive medical insurance for the employee, spouse and her dependent children; paid time off of five weeks equal to 25 work days, in addition to accrued sick, personal and/or bereavement time, allowances of costs associated with a “suitable automobile for the business use only of employee,” that shall include commuting to and from work and not for personal use.
The employer shall also provide the employee with a cell phone, which may be used for business and personal use, or a $100 monthly stipend, and reimbursement of any travel and business expenses incurred on behalf of the city, life insurance benefits, deferred compensation access of 4 percent of the annual salary to be contributed to the deferred compensation of employee; professional development of dues, subscriptions, travel and expenses for the manager for professional participation and travel, meetings, and occasions necessary to continue her professional development.
The position includes a background check and understanding that suspension with full pay and benefits at the discretion of City Council and termination are options under Chapter Five of the Batavia City Charter and/or if the voters of the city substantially change the form of government of the city and the manager elects to treat that amendment or change as an act terminating her employment; plus a slew of other reasons, including that the manager dies or becomes disabled; admits to, is convicted of or pleads solo contendere to any crime which is injurious to the interests, business, operations or reputation of the city or which involves moral turpitude or which involves the misuse or misappropriation of public funds, engages in illegal drug use, misconduct in connection with the performance of her duties, misrepresentation to the city, fraud, misappropriation of city assets or property, embezzlement, breach of any fiduciary duty owed to the city or any violation of any law or regulations to which the city is subject, engages in any intentional or grossly negligent act, omission or conduct that is injurious to the interests, business, operations or reputation of the city, or materially breaches this agreement.
The manager may terminate the agreement at any time and for any reason as long as she provides the city with advance, written notice of at least 60 days before the termination of the agreement, unless the parties agree in writing otherwise.
In the first year of employment, the manager shall receive a verbal informal review from the city on a quarterly basis, and in the second year receive an annual review on or about March 8. City Council is to provide Tabelski with a written statement of the findings and provide an adequate opportunity for her to discuss the evaluation with council.
