HomeMy WebLinkAboutDiscussion Re: City Manager Contract NegotiationsMIAMI OFFICE
SUITE 300
121 MAJORCA
CORAL GABLES, FLORIDA 33134
305/445.7801
TELECOPY 305/442-1578
REPLY TO: Tampa
- --LAW OFFICES
HOGG, ALLEN, NORTON & BLUE
PROFESSIONAL ASSOCIATION
ORLANDO OFFICE
SIGNATURE PLAZA SUITE 810
201 SOUTH ORANGE AVENUE
ORLANDO, FLORIDA 32801
407/843-0437
TELECOPY 407/422-7388
Via Facsimile (423) 482-5618
Mr. Jeffrey M. Broughton
103 Danbury
Oak Ridge, Tennessee 37830
Dear Jeff:
TALLAHASSEE OFFICE
SUITE 305
215 SOUTH MONROE STREET
TALLAHASSEE, FLORIDA 32301
904/581-3503
TELECOPY 9041581-0332
January 30, 1997
Re: Proposed Employment Agreement with the City of Ocoee
(Our File No. 0960-32(T))
TAMPA OFFICE
HYDE PARK PLAZA, SUITE 350
324 SOUTH HYDE PARK AVENUE
TAm?A, FLORIDA 33606
813251-1210
TELECOPY 813253-2008
Enclosed please find our initial proposal with respect to an Employment Agreement between
yourself as City Manager and the City of Ocoee.
This should certainly give us a basic framework for discussion. I look forward to hearing
from you at your earliest convenience.
Sincerely;
Allen
cc: The Honorable S. Scott Vandergrift (ltr. only)
Rusty Johnson, City Commissioner (1tr. only)
Scott Anderson, City Commissioner (ltr. only)
Scott A. Glass, City Commissioner (ltr. only)
Jim Gleason, City Commissioner (ltr. only)
Paul E. Rosenthal, Esq. (ltr--. w/encl.)
eggy Psal a
M.
12082
EMPLOYMENT AGREEMENT AF
,,T.
This Employment Agreement ("Agreement") is made between the City of Ocoee (hereinafter
referred to as the "City"), a municipal organization organized and existing under the laws of the State
of Florida, with its office located at City Hall, Ocoee, Florida and Jeffrey J. Broughton whose
residence is 103 Danbury, Oak Ridge, Tennessee 37830 (hereinafter referred to as the "Employee").
NOW THEREFORE, in consideration for the mutual covenants contained herein, the parties
agree as follows:
1. Employment and Duties
A. Employment Duties
The City hereby agrees to employ Employee as City Manager and Employee dgrees
to accept such employment, all subject to the terms and conditions set forth in this
agreement. The Employee shall devote his full time as City Manager and carry out to the
best of his ability all duties imposed on him by the City Charter, City Ordinances as they
now exist, or from time to time may be changed by the City of Ocoee, and such other duties
as the City Commission may from time to time require him. Subject to such Charter and
Ordinances, Employee will be in active charge of the management and operation of the City,
including the hiring, supervision, evaluation and discipline of all City employees subject to
the applicable laws of the United States, the State of Florida, and Charter and Ordinances of
the City now in existence or as subsequently adopted, altered or amended by the City.
B. Individual members of the City Commission shall not involve themselves in the day-
to-day management of the City, including the administration of the employment
policies of the City relating to hiring, evaluation, discipline, retention and
supervision, unless otherwise specifically provided herein, oras specifically provided
in the City Charter or Ordinances now in existence or as may be subsequently
altered, adopted or amended; provided, however, the City Manager, shall keep the
City Commission advised of all disciplinary actions more severe than a suspension
without pay and all terminations of City employees which are involuntary, except
termination of probationary employees. The City Manager shall also advise the City
Commission of any and all demands for arbitration, administrative charges or
litigation and keep the City Commission updated as to the status of same. The City
Commission shall retain the sole and exclusive right to determine whether to settle
(including the terms of any settlement) or contest any and all claims, or threatened
claims involving the City, and employees acting within the scope of their authority
as City employees, including those claims related to the City personnel rules and
regulations, except when by official action, the City Commission determines, or the
law otherwise provides.
..y
12043.2.130 ' 1'
2. Term
The term of employment under this Agreement will commence February 15 (?), 1997 and
end February 14, 1999(?), unless earlier terminated by either party as provided in Paragraph 8 below.
3. Compensation & Benefits
A. The City will pay Employee for all services rendered and performed hereunder, a
salary of $75,000.00 per annum, in equal installments paid bi-monthly (26 pay
periods per annum), or as otherwise mutually agreed.
B. Employee's job performance will be reviewed and evaluated annually by the City
Commission, or a committee appointed by the City Commission which shall report
the results to the City Commission. The review and evaluation shall be completed
at least ninety (90) days prior to Employee's anniversary date of employment and
shall be discussed with Employee by the City Commission, or its designee. Should
the Employee's annual evaluation be less than "better than average" or its equivalent,
the City Commission shall identify areas of needed improvement and explain its
expectations. Other reviews may be conducted at the discretion of the City
Commission.
C. Changes in Employee's salary, shall be negotiated by the City Commission or its
designee, in which case any tentatively agreed upon increase must be approved by
the City Commission. If Employee's annual job performance evaluation is less than
"satisfactory" or its equivalent, he shall receive no increase in salary.
4. Frintye Benefits
A. Employee shall be eligible for and participate in all fringe benefits uniformly
provided to Department Heads of the City on_ the -same basis and under the same
conditions as provided to said employees, unless otherwise specifically provided
herein, or unless the Employee and City Commission mutually agree otherwise.
B. The City shall provide an automobile for Employee's business and personal use
during the term of this Agreement. The City shall pay for all expenses related to the
operation of said vehicle, including providing full insurance. Personal use shall be
limited to locations within 50 miles of City Hall. The vehicle shall not be used for
vacations. Persons who are not Employee shall not be permitted to drive the vehicle,
except in an emergency involving a person's safety or health and then only when
Employee's private vehicle is not immediately available.
C. The City will furnish Employee a beeper and fixed line telephone, fax and computer
for his residence and a portable cellular car telephone to be used exclusively for City
business, except (a). Use of the cellular car phone to contact Employee's spouse or
other members of his family residing with Employee shall be considered the business
of the City; (a) Employee may use the telephones for personal matters provided he
reimburses the City of the cost of all such calls.
12043.2.1.30 -2-
D. The City shall pay the annual dues and subscriptions for the following organizations
and publications for the purposes of allowing Employee continued and participation
in direct job-related national, regional, and local associations and organizations
necessary and desirable to assure his continued education with respect to his
managerial duties to enhance his ability to perform his obligations under this
Employment Agreement.
Additionally, the City shall pay for all other memberships and subscriptions on
behalf of the Employee, which the City, in its exclusive discretion approves in
advance.
E. Conventions. Upon approval by the City Commission or its designee will reimburse
Employee for all necessary and reasonable expenses incurred in the attendance of
conventions and seminars attended by Employee, which have been approved by the
City .Commission or its designee as being primarily for the benefit of the City.
Reimbursement shall be in accordance with City policy applicable to reimburs3ment
for business-related travel and expenses applicable to all other City employees.
F. Deferred Compensation. The City agrees to make an annual contribution to ICMA
retirement plan based on the same formula and under the same conditions it makes
annual contributions to the City Defined Benefit Pension Plan for other City
employees. There shall be no pro- rata contributions for the fiscal year in which the
Employee's employment with the City ceases. The payments made hereunder are
made in lieu of Employee's participation in the City Retirement Plan.
5. Extent of Services and Hours of Work
A. Except during periods of illness, vacation, or authorized absences of a day or more
by the Mayor, or his designee, Employee will devote his best efforts to the
performance of his duties and responsibilities_ under this Agreement. Nothing herein
will limit Employee's right to make passive investments, to participate in charitable
service and organizations, other community activities and trade in professional
organizations or to undertake other activities which do not interfere with the
performance of his duties hereunder, it being mutually agreed that his participation
in charitable service, other community activities, and trade and professional
organization is to the benefit of the City. Employee shall not otherwise be employed
on a full- or part-time basis without the written permission of the City Commission.
B. Employee shall be "on-call" 24 hours a day and agrees to make himself available as
needed. It is recognized that Employee's duties as City Manager require a great deal
of time outside of normal office hours. It is also recognized that Employee is
required to devote an unspecified amount of time and energy to carry out those duties
with the highest amount of professionalism possible and that because of the "24-
hour" nature of his responsibilities,* interference with his private life is to be
expected. That being the case, the parties recognize that Employee may choose to
take occasional personal time off within the general area of the City of Ocoee during
the City's normal business hours, when his duties allow and his absence will not
12043.2.1.30 -3-
interfere with the efficient operation of City business; provided, however, that he is
at all times reachable by telephone or beeper and thereafter is immediately available,
except during periods of illness, vacation and absences approved by the, Mayor or his
designee. This time off is not considered vacation nor compensatory time.
Employee agrees that at all times, including personal time as set forth herein, he will
conduct himself in a professional manner and not bring discredit to the City or to the
operation of its business. The Commission will consider Employee's use of personal
time off during its annual performance evaluation of him/her.
6. Moving Expenses
A. The City shall pay for or reimburse Employee for reasonable moving expenses
incurred by Employee to move his family and household goods from his current
home in Oakridge, Tennessee, to a residence designated by Employee within the City
limits of the City of Ocoee. Payment or reimbursement for all moving expenses shall
not exceed $ [Jeff -- please get an estimate] , and shall be supported by invoicles or
receipts acceptable to the City.
B. If Employee resigns his employment with the City before February 14, 1998, he shall
repay the City for all moving expenses paid or reimbursed under subparagraph A
above.
7. Indemnification and Cooperation
A. The City shall defend, hold harmless and indemnify Employee against any tort,
professional liability claim or demand or other legal action for which the City is
legally responsible when the actions of Employee in his capacity as the City Manager
and are within the scope of his authority and employment as City Manager subject
to applicable law and the City Charter and Ordinances, and any limitations contained
therein.
B. In the event of actual or threatened litigation and/or administrative proceedings
involving the City which arise out of the operation or actions which occurred or are
alleged to have occurred while Employee was the City Manager of the City of
Ocoee, Employee will cooperate with the City and its counsel in assisting the City
in every legal manner to prevail in said action. The City shall pay Employee's
reasonable travel expenses incurred in preparation for and actual discovery,
settlement and trial of all said matters.
C. Employee further agrees that unless required by law, he will not cooperate with or
assist any party, person, or entity who has, had or may have, or asserts that he has or
may have any claim or any nature against the City, its agents, officers, employees,
City Commission members or representatives, without the express written permission
of the City Commission, or its designee.
12043.2.1.30 -4-
D. Employee shall not disclose any confidential information involving the business of
the City to any person or entity without the written permission of the City
Commission, or its designee, unless required to do so by law.
E. Restrictions set forth in subparagraphs C and D above shall not apply in instances of
governmental entities with jurisdiction over a claim of a violation of law.
8. Resignation and Termination
A. Resignation.
Should Employee_ resign his employment:
1. Employee shall receive no severance pay or benefits under this Agreement,
except as may be otherwise provided in the City Personnel Rules and
Regulations applicable to him if he resigns his employment. _
2. This contract, except for paragraphs 713, 7C and 7E, which shall remain in
force and effect for as long as the law allows, shall be automatically canceled,
and except as to those paragraphs that continue in effect, neither Employee
nor the City shall have any further obligation one to the other under this
contract or otherwise.
B. Termination by the City.
1. Subject to the procedures set forth in Article IV, § C-22 of the City Charter,
Employee and this Agreement may be terminated at any time at the will and
pleasure of the City Commission.
2. In the event of termination as provided in Subparagraph 1 above, except as
provided in paragraph 3, below, if Employee is terminated during the term
of this Agreement the City shall be responsible to pay Employee the salary
due under this Employment Agreement for a period of three (3) months from
the date of termination and to provide group medical and life insurance just
as if he had remained employed for those three (3) months, subject to the
following:
(a) Employee complies with paragraphs 7B through 7E of this
Employment Agreement (Confidentiality and Cooperation).
(b) Payments to Employee shall be reduced by any amounts received
from wages from other employment (except other employment
Employee held which was approved by the City under paragraph 5A),
disability insurance, social security or life insurance, if any, provided
by the City.
12043.2.1.30 -5-
(c) The City shall no longer be obligated to provide Employee group
medical insurance once Employee has obtained employment with an
employer who offers group medical insurance in which Employee
meets that employer's plan eligibility requirements, or three (3)
months, whichever first occurs.
(d) As a condition to payments provided under this subparagraph 2, the
City may require Employee to provide a statement of earnings on not
more than a monthly basis, which statement shall include the name
and address of all employers. The City reserves the right to verify
such reports.
(e) Upon termination of this Agreement, neither Employee nor the City
shall have any obligation one to the other except as set forth in
Paragraph 7B through 7E and accrued benefits, if any, to which he is
entitled, if any, under the City Personnel Rules and Regullions
applicable to him as an involuntarily terminated employee.
(f) Employee shall execute a release of all officers, directors, members,
City Commission members, employees and representatives of any
and all rights he/she has, had or may have arising out of his
employment or the cessation thereof under this Agreement and all
applicable federal, state and local laws, including but not limited to
claims of illegal discrimination, intentional and unintentional torts,
and all other types of claims whether known or unknown through the
date of his termination.
3. The City shall have no obligation to pay any compensation or to provide
Employee group medical insurance under paragraph 2 hereunder unless
otherwise required by law if he -is -terminated for any or a combination of the
following reasons:
(a) Dishonesty with respect to the business and operation of the City.
(b) Violation of the City drug policy.
(c) Refusal to cooperate in an investigation involving any aspect of the
business or operation of the City conducted by or at the direction of
the City.
(d) Conviction or pleading guilty nolo contendere to a felony or crime
involving moral turpitude.
(e) Causing the City to be found in violation of law through gross neglect
or willful or intentional conduct by Employee.
(i) Gross or continual neglect of duty.
12043.2.1.30 -6-
(g) Willful and intentional failure or refusal to follow the legal directives
of the City.
Except as may otherwise be required by the City Charter, in the event Employee is
charged with a felony or crime involving moral turpitude, the City shall have no
obligation to pay Employee under paragraph 2 unless and until a judgment of
acquittal is entered by the Court.
9. Notice and Consent
Any written or other notice required by this Agreement shall be deemed delivered as follows:
A. As to the City, when delivered by personal service to the Mayor at the City Hall
during the regular business hours of the City, or by Certified or Registered mail to
the Mayor at the City Hall, said delivery to be verified by an executed Certified or
Registered mail receipt, signed by the Mayor or the his designee.
B. As to Employee, by personal service to him or via Certified or Registered mail to
him at the most recent mailing address set forth in the City's personnel records.
10. Miscellaneous
A. The City Personnel Rules and Regulations as they now exist or as they may be later
modified by the City shall apply to Employee except:
1. When inconsistent with this Agreement or the City Charter.
2. Section 12.09 Longevity Pay Section 15 (Disciplinary Action/Termination)
__ and 16 (Grievance Procedure), shall not apply to_ Employee
3. Others to be discussed.
4. Such others as the City Commission shall from time to time determine.
B. The Mayor or his designee, shall be the Commission Member with whom Employee
shall coordinate contact between the City Commission and his office with respect to
off duty time.
C. Employee shall have the sole discretion to select his/her personal secretary and any
personal assistants assigned to him to assist him in the performance of his duties as
City Manager and he/she shall serve in such capacity at the will and pleasure of the
Employee.
D. Employee shall reside within the City limits of the City of Ocoee unless the City
commission agrees otherwise. If the City Commission so agrees, the Agreement
shall last through the term of this Agreement.
12043.2.1.30 -7-
E. This Agreement shall be interpreted, construed and governed according to the laws
of the state of Florida.
F. No amendment or variation of the terms and conditions of this Agreement shall be
valid unless in writing and signed by the parties.
G. The Employee's rights and obligations under this Agreement are personal and are not
assignable.
H. The invalidity or unenforceability of any particular provision of this Agreement shall
not affect the other provisions hereof, and this Agreement shall be construed in all
respects as if such invalid or unenforceable provisions were omitted.
I. This Agreement supersedes any and all other understandings or agreements, whether
written or oral, and constitutes the complete and full agreement between the parties,
and may be modified only by the written agreement of Employee and the City
Commission.
11. Additional Provisions
A. Possible arbitration in lieu of litigation.
B. Other issues based on discussion and mutual agreement.
12043.2.1.30 -8-
J
IN WITNESS WHEREOF, the parties have executed this Employment Agreement,
consisting of pages, this day of '19—
Employee
19
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
FEBRUARY, 1997.
FOLEY & LARDNER
I�
CITY ATTORNEY
APPROVED BY THE OCOEE
CITY COMMISSION AT A MEETING
HELD ON FEBRUARY 1997
UNDER AGENDA ITEM NO.
s
12043.2.1.30 -9-
Employee Signature
Employee Name [Please Print]
MAYOR, CITY OF OCOEE
1ff-v e m
02/04/97 11:27 Yy813 253 2006 HUGG.ALLr;1V:rrA. WJUUI
LAW OFFICES
HoGG, ALLEN, NQRTON & BLUE
PROFESSK)NAL ASSOCIATION
MIAMI OFFICE ORLANDO OFFICE TALLAIu55EE OFFICE TAMPA OFFICE
\Burg 300 SIGNATURE PLAZA, SURE 610 SUITE 30.5 HYDE PARK PLAZA, BURS 750
121 MAJORCA 201 9OUYH ORANGE AVENUE 215 SOUTH MONROE STRELT 324 SOUTH HYDE PARKAVEME:
CORAL. GAELEs, FWRIDA 33134 ORLANDO, F WRmA 32801 TALLAHASSEE, Ii.ORMA 32301 TAMPA, FLORIDA 33606
=WS -7001 407AW34H37 00Ub614=5 613251.1210
TEtECOPr aWiaQ.157e T=COPY 4077 .7366 TELCCOPv 90x561-0332 TELECOPY 6134WZM
REPLY TO. Tm pw
February 4, 1997 PERSONAL & CONFIDENTIAL
Via Facsimile & U.S. Mail
The Honorable S. Scott Vandergrift
Mayor City of Ocoee
2625 Cedar Bluff Lane
Ocoee, Florida 34761
Scott Anderson, City Commissioner
City of Ocoee
51 0 Orange Avenue
Ocoee, Florida 34761
Jim Gleason, City Commissioner
City of Ocoee
856 Hammocks Drive
Ocoee, Florida 34761
Mr. Rusty Johnson, City Commissioner
City of Ocoee 1
1400 Kimberly Street
Ocoee, Florida 34761
Scott A. Glass, City Commissioner
City of Ocoee
203 Laurenberg Lane
Ocoee. Florida 34761
Re: Employment Agreement for Interim City Manager
(Our File No. 0960-32(T))
Dear Mayor and Commissioners:
I spoke with Pam Reeves, Jeff Bro ughton's attorney, late yesterday afternoon. We did not
get to finish, a conversation as of the time I am dictating this letter, but I think we covered most
everything. Fd1jowing is my report:
1. Overall, they did not have a problem with the language, etc.
2. $75,000 salary is too low and he would like $84,000-$85,000, but will settle for less
(I am guessing in the neighborhood of $82,000±.
3. He would like a 3 -year contract, but does not have a problem with employment -at -
will, but feels the severance'Qf three months is too low with an at -will contract. He would like to
have 12 months severance, but the issue is negotiable.
CONFIDENTIAL
12207 HOGG, ALLEN, NORTON & BLUE, P.A.
e ATTORNEY-CLIENT PRIVILEGE
City of Ocoee
February 4, 1997
Page 2
CONSIDENML
HOGG, ALLEN, NORTON & BLUE, PA
ATTORNEY-CLIENT PRIVILEGE
- 4. He would like a car allowance instead of a car, particularly in light of the restrictions
I placed in our initial proposal. Pam did not have an amount at that time.
5. Pam said the restrictions on the cellular phone use were quite strict, but I advised they
were not negotiable.
6. His family will not be able to move until school is out, and Jeff proposes the City pay
for a one bedroom apartment until June 1 st.
Yt
7. We did not get to the moving expense issue.
8. With regard to the reasons for loss of severance in the event of termination, there was
no problem with the first four reasons. However, Pam noted some of the others were rather vague.
I told her to discuss them with Jeff and get back to me.
The conversation was very amicable and nothing was presented in terms of a "demand," but
suggestions and proposals.
As far as temporary quarters are concerned, if the Commission is not opposed, one way to
handle it would be to simply include it in the one-time moving expense.
Finally, you might consider a graduated severance plan such as front -loading severance for
a number of months for the first year, and reducing it thereafter.
As you know, I will be in trial all day today and in all likelihood will not be available for the
meeting tonight. If the trial is concluded in time for me to get there, I will call you to see if you
would like for me to attend. If the Commission wishes, it can discuss these issues tonight, or you
can schedule a separate meeting at which I can be in attendance. The bottom line is, I will need
some directions from the Commission before I respond to just suggestions.
WRA/crh
cc: Ms. Peggy Psaledakis (via fax)
Paul Rosenthal, Esq. (via fax)
12207
zoo 1A
Sincerely,
W. Reynolds Allen
HoGG, ALLEN, NORTON Ft BLUE
PROFESSIONAL ASSOCIATION
signed to my AbWnao
W avoid delay
Val HH'I'Iv'990H 900Z £SZ £TRZ 6T:TT Wro/Zo
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MIAMI OFFICE
SURE 304
121 MAJORCA
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REPLY TO: Tampa
Mw OFFICES
LAW OFFICES
HOGG, ALLEN, NORTON & BLuE
PROFESSIONAL ASSOCU1TION
ORLANDO OFFICN
WWATURE PLAZA. SLRTEata
201 SOUTH ORANGE AVENUE
ORLANDO, FLORIDA 3=1
A0718454437
TELECOPY ta71422.731%
TALLAHASSEE OFFICE
SUITE 305
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FACSIMILE TRANSMITTAL RECORD
DATE:
February 4, 1997
# OF PAGES:
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SENT TO:
Peggy Psaledakas
COMPANY:
City of Ocoee
SENT TO FAX #:
(407) 656-8504
FROM:
W. Reynolds Allen
COMMENTS:
TAMPA OFFICE
Ktm PARK —zk SURE 360
324 SOUTH HYDE PARK AVENUE
TMDA, FLORIDA 33606
■13MI-1210
TEIECO" 0154253-2004
FOR PROBLEMS OR QUESTIONS CONCERNING THIS TRANSACTION,
CALL Lynda AT (813) 251-1210.
The information contained in this facsimile message is Attomey Privileged and Confidential. and is
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• MO
IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,
PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE.
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Val 9311V350H 900Z M CT84Q, 9T:TT U/b0/Z0
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L11Am GFPICE
SUITL-300
121 MAJORCA
CORAL GABLES, FLORIDA 33134
]05445.7001
TMS4OPY 30W42 -13n
REPLY TO. coral Gable+
Toon
LAW CF MES
HOGG, ALLEN, NORTON & BLUE
PROFRss*NAL ASSor'JAnok
ORLANDO OFnCE
SIGNATURE PLAZA. SUITE I10
201 B UTH ORANGE AVENUE
ORLAMO, FLORIDA 32801
407AM342?
TELACO"407A 22.T2d!
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Tom, R4RIDA 32301
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FACSIMILE TRANSMITTAL RECORD
TAMPA OFFICE
HYDE PARK PLAZA. =IITL 3M
324 SOUTH HYDE PARK AVENUE
TAMPA, FLORmA 3.9686
a1a/�A1.12l0
TELECO" 01312533000
DATE: February 6, 1997
# OF PAGES: 5 (including cover)
SENT TO: Jeffrey J. Broughton
COMPANY:
SENT TO FAX #: (423) 482---5618 (Let ring and listen to instructions on machine)
FROM: W. Reynolds Allen
CHARGE: 00960
COMMENTS: Jefi please provide one with Pam's fax number.
Thank you.
FOR PROBLEMS OR QUESTIONS CONCERNING THIS TRANSACTION,
CALL Lynda AT (813) 251-1210.
The information contained in this facsimile message is Attorney Privileged and Confidential and is
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be hereby noticed that the dissemination, distribution or copy of this communication is strictly prohibited.
12094
IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,
PLEASE NOTIFY US IlYIIVIEDIATELY BY TELEPHONE.
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'V.T.L !J'In`T1 I"Anu AAA -y nn+ -w .- .-- ---
REPLY TO! Tempts
February 6, 1997
Tam
WM Pana raffia. VSW. 529
324 SOLI M MI)a Pawn AVEn1ri
TAWA, FcLONM 33600
auatsi-atm
Tair.OPY 0181.3®4a
Mr. Jeffrey M. Broughton Via Faca'mile �1 �� lily
103 Danbury
Oak Ridge, Tennessee 37830
Re: 'Proposed Employment_Agreement with the City of Ocoee
(Our File No. 0960-32(T))
Dear Jeff and Pam:
Enclosed is a copy of the report letter I provided to the Commission after my telephone
conversation with Pam Monday evening -
rhe Mayor has called a special workshop session for tomorrow, Friday, February 7, 1997
at 5:30 p.m. If you have anything else you want to present to the Commission, please provide it to
me so that I may include it in my discussion on Friday.
At the least, I need the following:
1. The amount of the car allowance you propose.
2. Your date of first availability, assuming that a Contract is finalized and approved by
the City Commission on or before -February 18, 1997.
3. The moving expense estimate(s) you have obtained.
4. Your position with regard to all but the first four reasons of denial of severance.
5. Your bottom line yearly salary amount.
cc: The Honorable S. Scott Vandergrift
All City Commissioners
Paul E. Rosenthal, Esq.
Peggy Psaledakis
WRA/agh
12312
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LAW OFFICE?
HoGG, ALLRN, NORTON & BLUE
PROFEINIONAL ASSOCIATION
YIAW OMC>E
ORLANDO OFF11M TALLMfAMEEOFF= .
SUITE=
Mem4TME PLAM SUITE OIO SUITE 30
121
201 SOUTH ORAWA AVENUE - 21S S)ITn MONRW STAi4T
CORAL GABLE, FLORMA 33134
ORLarmO, FIRMA 32801 TALLAHASM, FLORWA 32301
407MI-OW WAM14M
TELEJ OPY �swa 1Li7!
TELECOPY 407/473-7MG TEL ECOPY OOVll6 4=
REPLY TO! Tempts
February 6, 1997
Tam
WM Pana raffia. VSW. 529
324 SOLI M MI)a Pawn AVEn1ri
TAWA, FcLONM 33600
auatsi-atm
Tair.OPY 0181.3®4a
Mr. Jeffrey M. Broughton Via Faca'mile �1 �� lily
103 Danbury
Oak Ridge, Tennessee 37830
Re: 'Proposed Employment_Agreement with the City of Ocoee
(Our File No. 0960-32(T))
Dear Jeff and Pam:
Enclosed is a copy of the report letter I provided to the Commission after my telephone
conversation with Pam Monday evening -
rhe Mayor has called a special workshop session for tomorrow, Friday, February 7, 1997
at 5:30 p.m. If you have anything else you want to present to the Commission, please provide it to
me so that I may include it in my discussion on Friday.
At the least, I need the following:
1. The amount of the car allowance you propose.
2. Your date of first availability, assuming that a Contract is finalized and approved by
the City Commission on or before -February 18, 1997.
3. The moving expense estimate(s) you have obtained.
4. Your position with regard to all but the first four reasons of denial of severance.
5. Your bottom line yearly salary amount.
cc: The Honorable S. Scott Vandergrift
All City Commissioners
Paul E. Rosenthal, Esq.
Peggy Psaledakis
WRA/agh
12312
-n^Nh •v Tr \rnnnV•nnntr -- --- —a. n_ — — .—..
LAW OFFICES
HOGG, ALLEN, NORTON & BLUE
PROFESSIONAL ASSOCATION
YIAYI OFFICE
CRLANOO OFRIC6
TAU.4I4A6W OFFICfi
sUR8100
SIGNATURE PLAZA SUITE SIC
- Sun=
171 MAJORCA _
2m SOUTH ORANGE AVENUE
2111 SOUTH MONROfi STREET
CORAL GABLE& FLORmA 33LU
ORUNM FLORMA =1
Ti►LLUMssse, FLOMA 3201
30SM45-71101
40111434427.
9001sn•702
TELECOPY 305W2-1ST9
TELEGOPY 401422-73U
TlLECOPY aW=I-W=
REPLY TO: Ttmps
February
6, 1997
Via Facsimile &_U.S. Mail
The Honorable S. Scott Vandergrift
Mayor City of Ocoee
2625 Cedar Bluff Lane
Ocoee, Florida 34761
Scott Anderson, City Commissioner
City of Ocoee
510 Orange Avenue
Ocoee, Florida 34761 .
Jim Gleason, City Commissioner
City of Ocoee
856 Hammocks Drive
Ocoee, Florida 34761
TAMPAOFF=
11V= PARK PLARA. SUS 20
224 SOUTH NYOB PARK AVENUE
TAWA, Fy OMA 33606
. a11r26uu19
TELECOM etOf76'►7000
PE>C�SONAL & CONFIDEN71AL
Mr. Rusty Johnson, City Commissioner
City of Ocoee
1400 Kimberly street
Ocoee, Florida 34761
Scott A. Glass, City Commissioner
City of Ocoee
203 Laurenberg Lane
Ocoee, Florida 34761
Re: Employment Agreement for Interim City Manner
(Our File No. 0960-32M)
Dear Mayor and Commissioners: .
I spoke with Pam Reeves, Jeff Broughton's attorney, late yesterday afternoon. We did not
get to finish the conversation as of the time I am dictating this letter, but i think we covered most
everything. Following is my report:
1. Overall, they did not have a problem with the language, etc.
2. $75,000 salary is too low and he would like $84,000-$85,000.
3. He would like a 3 -year contract, but does not have a problem with employment-at-
wilI, but feels the .severance of three months is too low with an at -will contract. He would life to
have 12 months severance, but the issue is negotiable.
12314
C00 of 'vjT. v.q'mv,nnnn Ann? e07 PTO.ft 09,'aT 1aienisn
City of Ocoee
February 6, 1997
Page 2'
4. He would like a car allowance instead of a car, particularly in light of the restrictions
I placed in our initial proposal Pam did not have an amount at that time.
5. Pam said the restrictions on the cellular phone use were quite strict, but I advised they
were not negotiable.
6. His family will not be able to move until school is out, and Jeff proposes the City pay
for a one bedroom apartment until June 1st.
7. We did not get to the moving expense issue.
8. With regard to the reasons for loss of severance in the event of termination, there was
no problem with the first four reasons. However, Pam noted some of the others were rather vague.
I told her to discuss them with Jeff and get back to me.
The conversation was very. amicable and nothing was presented in terms of a "demand," but
suggestions and proposals.
As far as temporary quarters are concerned, if the Commission is not opposed, one way to
handle it would be to simply include it in the one-time moving expense.
Finally, you might consider a graduated severance plan such as front -loading severance for
a number of months for the fust year, and reducing it thercaflcr.
As you know, I will be in trial all day today and in all likelihood will not be available.for the
meeting tonight. If the trial is concluded in time for me to get there, I will call you to see if you
would like for me to attend. If the Commission wishes, it can discuss these issues tonight, or you
can schedule a separate meeting at which I can be in attendance. The bottom lute is, I will need
some directions from the Commission before I respond to just suggestions.
Sincerely,
W. Reynolds Allen
WRAlcrh
cc: Ms. Peggy Psaledakis (via fax)
Paul Rosenthal, Esq. (via fax)
HOGO, ALLEN, NORTON & BLUE
12314 MWFEMNAL ABBOMATION
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Fmm:..Q ana R.g:na drougman Far d:-Q2S698 voK.: 423-a2S696 1 o: R
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February 7, 1997
iVlr: V. Reynolds Allen
Hogg, Allen. Norton &,Blue
Hyde Park PIaza, Suite 350
Tampa, Florida 33606
VIA FACSIMILE: (941)678-1180 .
Dear Mr. Allen:
Subject: Proposed Employment Agreement between
Jeffrey J Broughton and the City of Ocoee
Thank you for your letter of February 6, 1997, regarding the proposed Employment Agreement
Responsive to your request, the following is provided to your five questions:
(1) Car Allowance - S450 per month.,
(Z) Date of Availability - No later than Monday? March 10, 1997;
(3) Moving Expenses - Two estimates have been obtained thus far with the low estimate quoted
at approximately 55,700:
(4) Severance Issues - It is my opinion that the reasons listed to invalidate the severance
provisions are too subjective and ambiguous to be effective in protecting my interest. As
examples, the following questions readily come to mind regarding this section:
With respect to dishonesty, what constitutes a dishonest act'? Deception and the practice of telling
a lie are included in the general definition of dishonesty. Therefore, if the manager fails to
provide information to the Commission on a city matter he deems unworthy of transmission, is the
manager guilty of deception and dishonesty if the matter later comes to the attention of the
Commission and they take issue with the original decision of the manager to not transmit the
same? If the manager inadvertently imparts information that is believed to be true but is in fact
inaccurate, does this constitute dishonesty therefore invalidating the severance provision? This
concept is too broad, and subjective, to provide comfort Who determines whether the managm
actions amount to gross neglect willful or intentional conduct? The myriad of federal and state
laws. statutes and regulations that exist ensures that at some time the city will be in
noncompliance w%ith some of them Most of the time this noncompliance is inadvertent as some
person in the organization with programmatic responsibility in that area is simply not aware of the
requirement. Sometimes this noncompliance is known but is unresolvable at that time, such as a
NPDES discharge violation. Is the manager's severance protection in jeopardy in such event?
Who determines gross neglect? The same thou--hts run with gross or continual neglect of duty.
Who determines it? What is its basis'? With respect to willful and intentional failure to follow the
legal directive of the city, what if the Commission directs the manager to perform an act which in
his opinion is dangerous to the public or city employees'? In that instance, is the manager violating
this provision and subject to termination without severance?
Rather than debate the merit of the issues raised in these questions, it is proposed that the
following concept be substituted — if the manager is convicted of any illegal act involving personal
gain to him, then in that event the city shall have no obligation to pay severance. This places the
determination of noncompliance in the hands of a neutral party and becomes operative when the
manager is acting to enrich himself due to his position of authority.
(5) Salary - S85,000.
V
-- - - . —. — —�. •�.-• -.+�.w o I Q. N@YrXUC3 Agdn AL AQ Mon; uwao PWa 013 F1161M. Fconmy07. 11r d:10.62 PM
In addition, the following items are presented for consideration of the Commission:
(6) Term - A term of three year; is required. four years is preferred;
(7) Term Extension - Agreement to extend on the same terms and conditions for additdoual 3 of 4
year periods (same duration as No. 6 above), unless notice is given by either party one yeu in
advance of the termination date;
(8) Severance - Lump sum payment equal to 12 months aggregate salary plus any accruals then
due and continuation of group medical and life insurance for 12 months:
(9) Interim Housing Supplement - 51,000 per month for up to 4 months
(10) Leave - Credit personal leave balance with 22 days upon hire with usage at inceptsou.
provide 5 administrative leave days during the fust year of the contract for visitation and moving,
purposes,
(11) -Disability and Lire Insurance - Employer provided disability insurance and life imm=ces is
the amount of two times annual base salary. This is consistent with benefits provided on behaGf, of
the former manager by the City;
(12) Retirement - 57,500 annual deferred compensation contribution to the ICMA RC. This is
consistent with the dollar amount contributed on behalf of the former manager by the Cid
(13) Other Relocation Costs - Reimbursement for direct expenses related to relocation beyond
moving cgmnes, such as real estate commission and other closing costs that are directly
associated with the sale of his home, in an amount not to exceed 510.000.
In total. these are the contract and benefit issues that are most important. Each has been proposed
in the spirit. and at a level, which is hoped will lead to an expeditious settlement. They have not
been inflated. nor have unreasonable demands been strategically included to provide '`bargaining
room" in anticipation of protracted negotiations and compromise. Our intent is to bring closure to
this matter fairly and quickly. We likewise have language and other non -benefit revisions and
suggestions which Ave can jointly work through once these key contract and benefit issues are
resolved.
Pam and I would be pleased to participate in a conference call with you to elaborate on these
matters in efforts of bringing closure to this matter at the earliest opportunity. We look forward to
hearing from you following your meeting with the Ocoee City Commission.
cc: Pam Reeves
Very truly yours.
Jeffrey]. Broughton /s/
Jeffrev J. Brouahton
M EMO RAND U M'
TO: THE HONORABLE MAYOR AND MEMBERS OF THE COMMISSION
FR: PEGGY PSALEDAKIS, PERSONNEL DIRECTOR•��
DA: FEBRUARY 7, 1997
SU: TEMPORARY LIVING ACCOMMODATIONS
The Mayor asked .me to obtain information concerning temporary
living accommodations for the City Manager. I am submitting the
following information:
Colony Plaza
A room with two single beds, no stove would be $49.00 per day or
$1,519.00 per month.
Holiday Inn
A mini suite, with a King sized bed; sofa and desk would be $45.00
per day.or $1,395.00 per month..
Oak Forest Apartments
One bedroom, one.bath, completely furnished would.be $930.00 per
month. 'The Mayor was good enough to obtain this information.
cc:City Clerk
Labor Attorney
w. J
FROM OAK FOREST PHONE NO. : 4012962329 Feb. 06 1997 12:39PM P2
I wo"& ZZ&z to take. t a4 oppontu g -io .6Q9 thank
•i.ngwi�irig about Oa.& Fo&o.-U Apcwtment Home.a . We. ane.
o" community and my not to m U- an o pp o4-tj n.t ty to
od just how g4ea t owt a.paztment home. an.e1
Yom t o-
v "y pnou.d 04
.Lrt o -,m p eo pte.
Enc Lo4e.d you. w.LU 4•ind the. 4Zo on..pAan.4.4 on. oun. mpan tmer:,t.3 . rhe
,tent and .6ecuA Uy de.po.6.c.t afee noted. P -e" I am a.U0 .4end•in.g yore
-tb.e .aquan.e. 400tage. , rhy,4 may heap 'you..Z& maA.Lmg goon deci,Uon on.
which 4Zo on, pt.an. w -LU . be be.4.t-6w4ted 4 on, go" n.eed-s.
We., have a. veAu be.a.u4,4u.2 and qu ie t c cmmun.Uy here. a•: Oah FO4"t.
-'Some. oa the amin,i Ue.6 that we. odder. 4o4. goon_ enjoyment ane.
teniU 4 , 4aequ.P.t.. ba.U, b"h. t ba.Q..E,, two b eaut W u•8-4w.imm.i.n.g p o 046 .
and a, jacuzz-JL 404 gown se-2axat.Lon.
Att od a" apa4tMe LtA- acre. ve ty .6pa.ctouA and have, exeeF u14 c -t0.6"
and .ao4zg¢..6pacQ. .dun hom" harve. eentnaU heat and a.i..
con.d•i.t~i.on.en.g . The. k Uaken.4 wce. egwZp peal w4tA ene4a y .4mving
a.pp.Q.t.anc.za whack. •Lnc. e. Q dao c.Q.ea Lng oven, u4tden..the, aouAte,,�,
m4.cnowa.ve., 4e4�u_ge4a..toA& wtth, ice ma.hen✓s, a. dd. hwa-6ha, , a.Uo don
you4 comucAri Lute -e a ganba.ge. d.i po�sat. Window .t.,,Lea toren-tb con.4.Ut.
ad vei.Uca8 and mA:wa-bt i.n.d.6 th4omghou t . .7"t o. t U tZc. added
touch, zU the apaAtmenf,4 have. a a-eZZZn.g 4a.n -in the t Lv,ing- ahem.
Pl" a.0 od our. 4.20 onplaA4 o44" d uV &Zz e. wa.6he4 and dny arc
corut¢.c,#,i.ond ,
We. do ailow. pet•e at Oak. Fa4e.6•t. The.. pet. depo-6•i.t be.g.i.n.b at
$150.00 and $50.00 .f.4 z non 4,P,4undaUe. 4ze, ptu,6' a. $10.00 mont$O-Y
• cha�eg e .
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I.LuZng at Oak F oae6t can. be.. I4 L ca& be. od any d unthen
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