LETTER OF AGREEMENT between
TRENT RADIO - a corporation without share capital
and NAME
WHEREAS, Trent Radio is a non profit, cultural and educational
organisation owned by the students of Trent University, operating a non
commercial broadcast undertaking in the City of Peterborough, and,
WHEREAS, it had been determined that there shall be a General Manager
appointed to guide and monitor the operations of the Corporation
including its broadcast functions, and,
WHEREAS, it is the expectation of the Board of Directors that, in the
furtherance of the Objects of Incorporation and Trent Radio's Aims as a
Broadcast Licensee, the General Manager shall ;
a) manage the day to day operations of the Corporation,
b) work to meet the Board's goals and objectives,
c) inform the Board of the Corporation's activities and monitor and
evaluate its performance,
d) ensure that all staff, appointed personnel, and members using the
facilities of the Corporation, are cognisant of the Board's
policies, goals and objectives,
e) immediately alert the Board of any major problem,
f) act always in the best interests of the Corporation and continue to
cultivate a sense of humour, and,
WHEREAS, it is the expectation of the General Manager that the Board of
Directors shall;
a) set realistic goals and objectives,
b) render decisions and make clear policies which may be feasibly
implemented,
c) provide advice and counsel when problems arise,
d) be supportive and collegial when difficult decisions must be made,
e) make it clear that all staff and appointed personnel are accountable
to the General Manager,
f) monitor and evaluate the work of the General Manager, and
g) understand the formal character and nature of the organisation as
creating community through cultural and educational means, and the
operation of its broadcast facilities as a forum for a broad and
diverse range of opinion and content.
WHEREAS, the incumbent General Manager is the most suitable person for
the position given his experience, skill, record of achievement, and
twenty-five years of service, and even though he feels he is being
dragged kicking and screaming into giving another four years of his life
to the organisation,
TRENT RADIO hereby appoints NAME, hereinafter referred to as the General
Manager, as the General Manager of the Corporation and NAME hereby
accepts this appointment, according to the following terms and
provisions.
Role and Accountability:
The General Manager shall be charged with the overall responsibility of
the day day operation of Trent Radio, and granted the authority to carry
it out. This includes day to day operation of the Office and Radio
Facility belonging to the Corporation.
The General Manager shall be accountable to the community and the
membership of the organisation through the Board of Directors and reports
to the Board.
All staff and other delegated personnel ultimately report to the General
Manager.
General Responsibility and Authority:
The General Manager shall exercise leadership and provide direction,
consultation and strategy development to the Board on principal
organisational issues such as, though not limited to; mission, values and
ethics; organisational structure and planning; programming and
production; finance, funding and fundraising; service to members and the
community; public relations and public awareness.
The General Manager shall have the authority and responsibility to handle
all matters operational, including, though not limited to, licensing,
security, legal, financial, personnel, technical, and programming matters
and relations with other organisations and related business.
Specific Duties, not limiting the generality of the foregoing;
1. To formulate, administer and supervise the overall budget and all
financial matters;
a) To deal with all financial matters and to follow arrangements
made for proper books of accounting be kept, under the direction
of the Treasurer. Preparation of all payroll, remittances and
other disbursements;
Preparation of deposits and depositing of receipts to the account
of Trent Radio. To arrange for bookkeeping;
b) To be responsible for all applications for funds to all levels
of government;
c) To formulate, administer, and supervise, on going and new
earned revenue functions;
d) To oversee payment of all wages and, where applicable,
including though not limited to, statutory deductions and
remittance of these to the government;
e) To negotiate and oversee proper and timely reporting to all
government and regulatory agencies. Preparation of all documents
required by government and regulatory agencies, including CRTC,
Industry Canada, Revenue Canada T4s, and charitable receipts.
Management and retention of the files, records, drawings,
archives, library and equipment inventory.
2. To formulate, administer and supervise all procedures and
practices in accord with Board policy;
a) As such, the General Manager shall help formulate and recommend
policies to the Board of Directors for consideration and approval;
b) The General Manager shall give support to the Board of
Directors and leadership to other officers, staff, and the
organisation as a whole.
General duties:
3. To exercise due diligence in matters pertaining to;
a) all programming, publicity and other operations as they relate
to the operation of Trent Radio's radio facility;
b) the hiring, firing, discipline, and supervision of all
delegated personnel, subject to Board policy, and according to the
needs of the organisation and the law of the land;
c) the operation of the facilities, including,
i) all technical arrangements comprising all audio, radio
frequency, computer, internet and telecommunications systems
and equipment,
ii) all physical plant matters comprising Trent Radio House,
transmission facilities lease with Power Broadcasting
(CHEX), or their assigns, and generally all fixed assets of
the Corporation;
iii) all landlord functions relating to the Upper Apartment;
d) the purchase and/or rental of all equipment;
e) the allocation of all resources, both staff and equipment.
4. To arrange all security and insurance matters.
5. To negotiate and draw up all artistic, production, and performance
contracts.
6. To report directly to the Board and to keep the Board informed in
all the above areas, as necessary or requested.
7. To represent the organisation and from time to time, may act as
spokesperson.
8. To give leadership and support in the area of financial
development and fundraising, although project leadership may come
from volunteers or other staff.
9. To render advice and support to other Officers of the Corporation.
10. From time to time, to render advice and assistance to other
individuals or legal entities in the furtherance of the betterment
of the community and other goals.
The General Manager shall also act as Vice president.
Special Projects:
It is understood that during the period of this contact Trent Radio's
licence to broadcast is due for renewal. The General Manager shall
follow through on negotiations with the CRTC commenced prior to the term
of this agreement to ensure Trent Radio's continuance as a broadcast
licensee.
The General Manager shall work towards ensuring that Trent Radio shall
remain a student organisation, sponsored by the students of Trent
University and shared with the community as a whole.
During the period of this contract, Trent Radio shall seek new revenues
for the funding of its paid staff, and that to this end, the General
Manager shall follow through on plans to hire and fund a development
position, upon approval of said plans by the Board.
Capital projects:
It is understood that the General Manager shall seek to make capital
additions and improvements to the physical and technical fabric of the
facilities owned by Trent Radio for consideration by the Board, while
ensuring that existing amenities are well maintained.
Conflict of Interest:
The General Manager shall be accorded the prerogative to accept gainful
employment from, or provide service, to persons or legal entities not
connected to Trent Radio.
The General Manager shall be accorded the prerogative to communicate an
opinion, as a private individual, through the media, or any other means,
so long as it is made clear that in this act the General Manager does not
speak for Trent Radio.
Notwithstanding, and within the spirit and intent of this agreement, the
General Manager must avoid any conflict of interest with respect to his
fiduciary responsibility, and shall to report to the President or the
Board of Directors any possible conflicts that may develop before
completion of this agreement.
Further, the General Manager shall preserve and enhance public trust in
the organisation by putting the interests of the organisation ahead of
all other business and personal interests.
Provision to delegate:
The General Manager may hire or contract a Programme Director, who shall
report to the General Manager and to whom the General Manager may
delegate in sum or in part, the overall responsibility for programming on
Trent Radio's broadcast facility, including all scheduling, the format of
programmes, continuity, hours of operation, publicity and promotions,
programme quality maintenance, enforcement of CRTC programming
regulations, planning and control of special broadcasts and related
activities. Pursuant to Trent Radio's licence granted by the CRTC,
programming functions shall be rendered in accord with the organisation's
aims as a broadcaster, in support of, and in partnership with
programmers, independent of external or commercial influence, and in
consideration of Trent Radio's tradition of tolerance, permitting any
lawful expression.
The Programme Director's duties may also include the preparation of an
annual or seasonal programming plan, in conjunction with the General
Manager, for the consideration of the Board. The General Manager shall
endeavour to find revenues to provide year round funding for this
position.
The General Manager may also, from time to time, hire or appoint a
Sponsorship Director, Operators, or other personnel, according to such
terms as their engagement calls for, or the General Manager requires of
them, according to the needs and capacity of the organisation.
Remuneration:
The General Manager shall be paid the sum of $27,726.23 per annum with an
annual increase, effective the first day of September in each year,
subject to negotiation and not less than the "consumer price index" (CPI)
promulgated by Statistics Canada. It is the general intention that these
negotiations shall be held between the months of June and August every
year.
Trent Radio shall provide the General Manager all benefits required by
the Canada Labour Code for regular employees, and shall reasonably
provide other benefits, such as paid leave in lieu of overtime, unpaid
leave by mutual agreement.
For the purposes of this agreement Trent Radio shall provide the General
Manager;
a) an annual paid leave of four weeks in addition to leave in lieu of
overtime.
b) the sum of $1,088.03 per annum in lieu of an employee health plan,
with an annual increase not less than the CPI.
c) the sum of $448.19 per annum as reimbursement for employee owned auto
costs, with an annual increase not less than the CPI, and $0.30 per
kilometre for approved out of town trips.
The Board shall reasonably reimburse the General Manager for out of
pocket expenses in the acquittal of his duties or disbursed on behalf of
the Corporation.
The General Manager shall be provided a private office where he can smoke
if he so chooses.
This contract of permanent employment shall be for a period of four years
and shall be considered to commence on 1 January 2000 and expire on 31
December 2004,
This contract shall be automatically renewed for subsequent one year
periods on the same terms and conditions unless, by 30 June in the
calendar year prior to the expiry of the initial, or any subsequent,
period, one party notifies the other that it wishes to review the terms
of this Agreement.
Upon the giving of such notice any renewal of this contract shall be on
such terms and conditions as the parties may agree upon, subject to the
law of the land.
Upon completion of this contract, Trent Radio shall pay a sum of not less
than the equivalent of twenty regular weeks pay as severance benefit.
Both parties agree that this severance benefit item shall replace and
thus nullify any previous agreement in regard to severance benefit.
The General Manager may elect to give six months notice to terminate this
contract. Should this occur severance pay shall be calculated as the
equivalent of twelve weeks regular pay, plus two weeks regular pay for
every year or part thereof completed.
Applicability
Notwithstanding, all provisions of this agreement, including moneys
promised, shall remain in full force and effect for the duration of this
agreement and until all its terms are honoured,
Agreed to, with mutual respect and good will at Peterborough, Ontario on
this 17th day of July in the year 2000.
for Trent Radio:
President Secretary
&
NAME witness as to the signature of NAME