Fort Walton Beach Council minutes — 06-26-07 regular minutes — reading text

advised that for the proposed contract for the City Clerk, she included the position description for the Clerk in the contract, and in her opinion it is consistent with the Charter, and that it is up to Council whether or not to define the roles of the City Clerk or the Finance Director within the contract itself. Upon questioning from Council, Mr. Mattimore advised that more than half of the charter officers in other communities in Florida do have contracts. The Mayor asked for any public input on this item. There was none. Mr. Hartwell moved to accept the contract for the City Clerk as presented. Mr. Garvie seconded motion. Mr. Hartwell expressed his feeling that if the City is going to recognize and maintain charter officers and their unique positions, they all need to bear some similarity in responsibilities, roles, and benefits, and if one charter officer has a contract, they all should. Mr. Garvie commented the contract was reviewed by the City Attorney, she approved it and he relies on her expertise. Dr. Pullen stated a contract gives the benefit of security to the charter officers. Mr. Minich advised he would not support the motion because he does not believe this is the time to be discussing salaries and severance pay as the contract states. Mr. Holmes stated he would not support the motion because he does not believe the City Clerk really wants one. Mr. Miller informed the format of the contract is fine, but he does not feel increased compensation should be negotiated. Mr. Miller amended the motion as follows: 1) to delete from Section IV, Rate of Compensation, the item ' Participation in General Employee Pension Plan- The City pays contribution of 100% on behalf of the City Clerk'; and 2) to delete from section V. Termination of Employment, the item 'The City shall provide a severance payment equal to three ( 3) months of salary at the final salary rate.' Motion died for lack of a second. Mr. Reeves stated the City has operated since 1941 without a contract for the City Clerk and does not feel now is the time to consider one. All of Council expressed their highest professional regards for the City Clerk, and stated that any opposition to the contract is the contents of the contract itself, not of the individual. The Mayor called for the vote on the motion to accept the contract for the City Clerk as presented and it failed by a vote of 3 to 4 with Garvie, Pullen, and Hartwell in favor and Holmes, Miller, Reeves, and Minich opposed. FINANCE DIRECTOR CONTRACT Consideration of approving an employment contract with the Finance Director. The Finance Director deferred comments to Mr. Mattimore with the understanding she would have the opportunity to respond to any questions that may arise.  39 Regular Meeting 6/26/ 07 FINANCE DIRECTOR CONTRACT ( CONT) Mr. Mattimore advised an employment agreement with the Finance Director has been worked out and there were some benefit changes proposed for the City' s consideration, and it was his role to bring it to Council for consideration and direction. He explained the benefits changes included increasing vacation hours to 96 hours; the addition of a sentence that would allow two weeks of flex time in consideration of the long seasonal hours worked by the Finance Director, without a loss of pay; the addition of disability insurance; the addition of a deferred compensation plan in regards to retirement; termination, with cause, in the event terminated with cause, the Finance Director receives no severance compensation; if terminated without cause, would entitle her to severance package of 6 months. Discussion included that all of charter provisions are in full effect and incorporated into this proposed contract; and that a resolution is proposed to enable Council to change the compensation of the Finance Director if the need should arise. It was questioned whether a resolution was necessary if there is a contract in force. The City Attorney advised that Sec. 53 of the Charter requires that compensation be set by the resolution, and it is her suggestion that after a contract is worked out, a resolution be adopted to incorporate the contract, and to allow in the future to change compensation by resolution, but without changing the contract. Additional discussion included increasing the annual leave of the Finance Director; the issue of whether to provide disability insurance and 10% into a retirement plan; and that in the event of voluntary resignation the City agrees to pay all accrued and inured benefits and to allow continuation of all insurance coverage for 18 months. The Finance Director stated that is referring to the COBRA and is not intended to be a provision, that she would have to pay any benefits herself in the event of voluntary resignation. The Finance Director was asked if it was her signature that appeared on a letter dated September 14, 2006, whereas she agreed to accept the position of Finance Director under the City' s conditions for vacation/ sick leave and all benefits contained in the City' s rules and reg ulations. The Finance Director responded that it was indeed her signature on the letter, and explained the benefits in the proposed contract, whereas Item 4A discussed accrued vacation time and that out upon voluntary any amount accrued would have to be carried forward to other years, or paid termination, and that Item 4B discusses 80 hours of additional ' comp' time to acknowledge the additional hours needed to work on various projects. The Finance Director explained that when discussing terms of employment with the City Manager and Human Resources Director, she was informed that the City uses a Code 41 to account for leave time for department directors, but as of this date she feels that what was described to her is not what is occurring. The City Manager explained that Code 41 was in effect when she began working with the City in 1997. She further explained that in 1999 the City eliminated Comp Time for all of its positions, and that Code 41 is excused leave with pay over and above hours earned to compensate any extra hours put in by the department directors in order to get a jOb or project completed, and it has nothing to do with vacation leave., A lengthy discussion was held regarding the difference between annual vacation leave and the City' s Code 41, and the Finance Director' s proposal that she receive an additional two weeks of time off with pay each year, which is not accrued as leave. 40 Regular Meeting 6/26/ 07 FINANCE DIRECTOR CONTRACT ( CONT) The Finance Director clarified she does not want to give the wrong impression in regards to the six months of severance asked for in the contract, vs. the four months of severance that was previously discussed, and that she is agreeing to the six months proposed in the contract. The Mayor asked if the City Attorney had any comments. The City Attorney advised that the way she is construing this contract in conjunction with the personnel policies and procedures, the contract would supersede the City' s policies and procedures, and it is her understanding that the Code 41 is a discretionary benefit which is granted by the City Manager dependingon a particular situation, and is purely discretionary. The Mayor asked for public input. J. D. Taylor, Gilmore Court, stated his confusion regarding the City' s job descriptions, the need for a contract, and how the City' s Charter fits into the realm. The public hearing was closed. Mr. Garvie moved to approve the contract for the Finance Director. Dr. Pullen seconded motion. Mr. Garvie informed he read the contract, listened to the discussion, and clarified questions he had in his own mind, and he believes the contract is fair and that the Finance Director is deserving of the contract. Dr. Pullen echoed Mr. Garvie' s words, and hoped that the City would move forward in a positive direction to handle the business of the City. Mr. Hartwell stated he will not support the contract as written because of the vacation leave and comp time items, and that he would like to see a contract consistent with that of other employees. Mr. Hartwell moved to amend the contract as follows: Under Section 4, Benefits, Item A: Decrease the annual vacation leave from 96 hours per calendar year to 80 hours per calendar year; and delete Item 4B which states: ' In recognition of the necessity to commit hours and work on various seasonal projects, the Finance Director will be allowed an additional two ( 2) weeks of time off with pay per year. This time off is not accrued as leave'. Motion to amend died for lack of a second. Mr. Minich stated he would not support the contract because of the proposed additional benefits, unsatisfactory performance by the Finance Director, in his opinion, and lack of consistency with other employees' benefits. Mr. Reeves also stated his thoughts that contracts should be entered into when employees are changed, not mid- stream of their employment, and advised he would not support the contract. Mr. Miller noted the fact that a key employee of the City did not have a severance contract and r stated he thought this was a good contract except for some points, and that he would like to make an amendment.  41 Regular Meeting 6/26/ 07 FINANCE DIRECTOR CONTRACT ( CONT) Mr. Miller moved to amend the contract as follows: Under Section 4, Benefits, Item A: Increase the annual vacation leave from 96 hours per calendar year to 120 hours per calendar year, delete Item 4B which states: ' In recognition of the necessity to commit hours and work on various seasonal projects, the Finance Director will be allowed an additional two ( 2) weeks of time off with pay per year. This time off is not accrued as leave'; delete Item 02 which states: City agrees to continue to provide and pay 100% of the premiums for the Finance Director' s existing comprehensive disability insurance coverage'; add to Item E, ' the sum of $ 1. 200