Employment Agreement with Executive Director

AGREEMENT dated July 1, 19___, between the Montana Library Association (the "Employer") and ____________________________ (the "Employee").

  1. Employment. The Employer employs the Employee and the Employee accepts employment upon the terms and conditions of this Agreement.
  2. Term. The term of this Agreement shall begin on July 1, 19___, and shall terminate on June 30, 19___. The Employer shall have the right, with the consent of Employee, to renew this Agreement annually. Any decision to renew the Agreement will be entirely at the discretion of the Employer and will be contingent upon a satisfactory performance appraisal conducted by the Executive Committee of the Employer's Board of Directors.
  3. Compensation. The Employer shall pay the Employee for all services rendered a salary of $________ a year, payable in equal monthly installments at the end of each month. Salary payments shall be subject to withholding and other applicable taxes.
  4. Duties. The Employee shall serve as the Employer's Executive Director, providing administrative services, membership services, conference support services, and financial services, including acting as the Employer's fiscal agent. The Employer may, from time to time, extend or curtail the Employee's precise services.
  5. Expenses. The Employer will reimburse the Employee for reasonable expenses incurred in the performance of his/her duties, including travel to the Employer's Board of Directors meetings and any other travel required of the Employee by the Executive Committee of the Employer's Board of Directors. The Employer will reimburse the Employee for all such expenses upon the Employee's periodic presentation of an itemized account of such expenditures.
  6. Disability. If the Employee is unable to perform his/her services by reason of illness or incapacity for a period of more than four consecutive weeks, the compensation thereafter payable to him during the continued period of such illness or incapacity shall be reduced by 50 percent. The Employee's full compensation shall be reinstated upon his/her return to full employment and discharge of his/her full duties. Notwithstanding anything to the contrary, the Employer may terminate this Agreement at any time after the Employee has failed to perform his/her duties, for whatever cause, for a continuous period of more than three months, and all obligations of the Employer shall thereupon terminate.
  7. Termination without cause. The Employer may, without cause, terminate this Agreement at anytime by giving 30 days' written notice to the Employee. In that event, the Employee, if requested by the Employer, shall continue to render his/her services, and shall be paid his/her regular compensation up to the date of the termination. The Employee may, without cause, terminate this Agreement by giving 60 days' written notice to the Employer. In such event, the Employee shall continue to render his/her services and shall be paid his/her regular compensation up to the date of termination.
  8. Notices. Any notice required or desired to be given under this Agreement shall be deemed given if in writing and sent by certified mail, return receipt requested, to the Employee's residence or to the residence or office of the Employer's President, as the case may be.
  9. Waiver of breach. The Employer's waiver of a breach of any provision of this Agreement by the Employee shall not operate or be construed as a waiver of any subsequent breach by the Employee. No waiver shall be valid unless in writing and signed by an authorized officer of the Employer.
  10. Assignment. The Employee acknowledges that his/her services are unique and personal. Accordingly, the Employee may not assign his/her rights or delegate his/her duties or obligations under this Agreement. The Employer's rights and obligations under this Agreement shall inure to the benefit of, and shall be binding upon, the Employer's successors and assigns.
  11. Entire agreement. This Agreement contains the entire understanding of the parties. It may not be changed orally but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification, extension, or discharge is sought.
  12. Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.
  13. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.

In witness whereof the parties have executed this Agreement on _______, 19___.

MONTANA LIBRARY ASSOCIATION

by

_________________________________ President

____________________________________
[Name of Employee]