Fort Walton Beach Council agenda — 06-26-2007 regular agenda — reading text

sick leave and pension plans. In witness, the parties have executed this agreement at Fort Walton Beach, Florida, on the day of , 2007. City of Fort Walton Beach, Florida By: Mike Anderson, Mayor Date Attest: Deputy City Clerk Date s 3  CITY OF FORT WALTON BEACH MEMORANDUM To: Honorable Mayor and Gty Council Members Lisa Absher, Finance Director From: V- Date: June 19, 2007 Subject: Proposed Employment Agreement for Finance Director Background: At the May 29th Gty Council meeting, Council discussed that the Finance Director should have an Employment Agreement, and directed that such an agreement be negotiated and brought back to Gty Council for approval. Discussion: The Finance Director and the Gtis Labor Attorney, Michael Mattimore of Allen, Norton & Blue, have met several times and have agreed upon a draft Employment Agreement, as provided attached. Mr. Mattimore will be in attendance at the June 26th Gty Council Meeting to present the proposed Agreement to Gty Council, and discuss any questions Gty Council may have. Recommendation: Authorize the Gty Attorney and Mayor to execute the Employment Agreement for the Finance Director. Submitted By: t/ O=f Dll:ector Date Attachments: 1. Draft Employment Agreement for the Finance Director  EMPLOYMENT AGREEMENT This Agreement, made and entered into this _ day of November 2003, June 2007, by and between the City of Fort Walton Beach, Florida a municipal corporation, ( hereinafter called " CITY") and Joyce Shanahan ( horeinafter called -" MANAGER"), Lisa Absher ( hereinafter called " FINANCE DIRECTOR") both of whom understand as follows: WITNESSETH: WHEREAS, the Charter of the City of Fort Walton Beach establishes the position of City M::m3ger FINANCE DIRECTOR who shall be fully engaged in work for the City and shall serve at the pleasure of the City Council of the City of Fort Walton Beach, hereinafter called" " Council;" and WHEREAS, the City desires to employ the services of Joyce Shanahan 3S City Manager Lisa Absher as FINANCE DIRECTOR of the City of Fort Walton Beach as provided within the City Charter; and WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment, to set working conditions and set the framework and context of the relationship which shall exist between the CITY and MANAGER the FINANCE DIRECTOR and WHEREAS, it is the desire of the Council to 1) retain the services of Joyce Shanah3n 3S MANAGER Lisa Absher as FINANCE DIRECTOR and to provide inducement for her to remain in such employment, 2) to make possible full work productivity by assuring MANAGER' S the FINANCE DIRECTOR' S morale and peace of mind with respect to future security, 3) to act as a deterrent against malfeasance and dishonesty for personal gain on the part of the NAGER FINANCE DIRECTOR, and M.'\ 4) to provide means for terminating MANAGER' S FINANCE DIRECTOR' S services, and just WHEREAS, Joyce Shanah3n Lisa Absher desire to serve as City M3n3ger FINANCE DIRECTOR of CITY, and WHEREAS, the Council and MANAGER FINANCE DIRECTOR have mutually negotiated and agreed to the terms of this agreement; NOW THEREFORE, in consideration of the promises, mutual covenants, conditions and provisions and undertakings herein contained, and for other good and valuable considerations, the parties do mutually covenant and agree with each other as follows: SECTION 1: DUTIES AND AUTHORITY A. CITY agrees to employ Joyce Shan3h3n 3S MAN/\ GER' Lisa Absher as FINANCE DIRECTOR to perform the functions and duties specified in the charter of the City of Fort Walton Beach and to other legally permissible and proper duties and functions as the Council may assign from perform time to time. B. The City Council shall appoint the FINANCE DIRECTOR and fix, bv resolution, her compensation. SECTION 2: TERM AND EFFECTIVE DATE A. CITY and MNJAGER FINANCE DIRECTOR agree to the exclusive employment of M.^,NAGER FINANCE DIRECTOR which shall continue uninterrupted, in accordance with the provisions of this Agreement unless terminated or resigned pursuant to Section 9, 10 and 11 respectively herein. B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Council to terminate the services of MANAGER FINANCE DIRECTOR at any time, subject only to the provisions set forth in Section 9 and 10 of this Agreement. 44094 Page 1  C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of MANAGER FINANCE DIRECTOR to voluntarily resign at any time from her position with City, in accordance with the provisions set forth in Section 11 of this Agreement. D. This agreement shall take effect upon approval by Council and the date first entered above. SECTION 3: COMPENSATION A. CITY agrees to pay MANAGER FINANCE DIRECTOR an annual base salary of ninety thousand dollars ($ 90, 000), payable in bi- weekly installments in accordance with City payroll procedures. B. For each calendar year, from the effective date of this Agreement, GER FINANCE MAN..\ DIRECTOR shall receive an amount equal to the Cost-of-Living Adjustment ( COLA) increase, sometimes referred to as General Adjustment, in the same manner and at the same time as given to other employees generally. C. In addition, CITY agrees to increase base salary and/ or benefits of MANAGER FINANCE DIRECTOR in such amounts and to such extent as the Council may determine it is desirable to do so on the basis of 9.! l. annual salary review of MANAGER the FINANCE DIRECTOR at tho sClmo time CIS simil3r com:ideration is given other employees gencrCllly. correspondinq with the anniversary date of the FINANCE DIRECTOR' S initial date of hire, November 1st. An annual performance review will also be conducted by Council correspondinq with the FINANCE DIRECTOR' S anniversary date. The annual performance appraisal may be used by the Council in conductinQ the FINANCE DIRECTOR' S annual salary review. SECTION 4: BENEFITS MANAGER FINANCE DIRECTOR shall receive any and all benefits provided to exempt full- time employees, as defined in Section 1 of the City' s Personnel Rules and Regulations Manual, except as they may be amended by the terms and conditions of this Agreement. Nothing within this Agreement shall impact upon or alter the MANAGER' S FINANCE DIRECTOR' S benefits and accruals or the status of those benefits and accruals, as they existed upon the effective date of this agreement. A. The MANAGER FINANCE DIRECTOR shall be provided annual vacation leave equal to ninety- six ( 96) hours per calendar year, accrued on November 3<< 1 the anniversary date of the MANAGER' S FINANCE DIRECTOR' S employment with the City, consistent with Section 18. 02 of the City' s Personnel Rules and Regulations Manual. Future accruals shall be consistent with Section 18. 02 of the City' s Personnel Rules and Regulations Manual. B. In recoQnition of the necessity to commit hours and work on various seasonal proiects. the FINANCE DIRECTOR will be allowed an additional two ( 2) weeks of time off with pay per year. NOTE: This additional benefit is submitted for Council's This time off is not accrued as consideration.) leave. B.C. The MANAGER FINANCE DIRECTOR is entitled to accrue vacation leave up to 320 hours, and sick leave to 800 hours and in the event the MANAGER' S FINANCE DIRECTOR' S employment is terminated, either voluntarily or involuntarily, the Ml\ NAGER FINANCE DIRECTOR shall be compensated for all accrued vacation leave up to 320 hours at the exit salary rate, and shall be compensated for all sick leave in accordance with Section 20. 06 of the City' s Personnel Rules and Regulation Manual at the exit salary rate. G. D. CITY shall ensure continuous coverage of medical, dental, disability and life insurance for the MN' I/\ GER FINANCE DIRECTOR from the effective date of this Agreement, pursuant to Section 28 of the City' s Personnel Rules and Regulation Manual and as follows: 44094 Page 2  1. CITY agrees to continue to provide and pay 75% of the premiums for comprehensive medical and dental insurance for the MANAGER FINANCE DIRECTOR pursuant to Section 28 of the City' s Personnel Rules and Regulations Manual. 2. CITY agrees to continue to provide and pay 100% of the required premium payments for the MANAGER' S FINANCE DIRECTOR' S existing comprehensive disability insurance coverage. 3. CITY agrees to continue 0 provide and to pay 100% of the premiums for term life insurance for the MANAGER FINANCE DIRECTOR pursuant to Section 28 of the City's Personnel Rules and Regulations Manual. E. CITY agrees to pay to the MANAGER FINANCE DIRECTOR, during the terms of this Agreement and in addition to other salary and benefits herein provided, the Gum of $ 2, 800 per Y08r, p8Y8blo monthly, 3G a vehicle and phone allowance. 1. This amount shall be adjusted every two years, beginning October 1, 2005, at the rate of five percent ( 5%) to offset increased maintenance, repair, insurance and fuel costs over time. 2. The CITY shall reimburse the MANAGER FINANCE DIRECTOR consistent with the manner provided for in the City of Fort Walton Beach Travel Policies, for any business use of her vehicle beyond the greater Fort Walton Beach area. For purposes of this Section, the greater Fort Walton Beach area is defined as travel to locations within the 5 County Area ( Okaloosa, Escambia, Santa Rosa, Walton and Bay Counties.) SECTION 5: RETIREMENT A. The CITY shall continue the participation of the MANAGER FINANCE DIRECTOR in the City of Fort Walton Beach General Employees Pension Plan and further shall continue to pay one hundred percent ( 100%) of all the appropriate contributions on the MANAGER' S behalf, for both the CITY and MANAGER' S FINANCE DIRECTOR' S share as required. B. CITY shall continue to pay, on the MAN.^,GER' S FINANCE DIRECTOR' S behalf, an amount equal to ten percent ( 10%) of the M/\ NAGER' S FINANCE DIRECTOR' S base salary into the