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FACSIMILE TRANSMITTAL RECORD
DATE: February 10, 1997
N OF PAGES: 7(including covet)
SENT TO: Ms.Peggy Psaledakis
COMPANY: City of Ocoee
SENT TO FAX#: (407)656-8504
FROM: W.Reynolds Allen
CHARGE: 00960
COMMENTS:
FOR PROBLEMS OR QUESTIONS CONCERNING THIS TRANSACTION,
CALL LYNDA AT(813)251.1210.
The information contained in this facsimile message is Anomey Privileged and Confidential and is
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be hereby noticed that the dissemination,distribution or copy of this communication is strictly prohibited.
IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,
PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE.
THANK YOU.
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February 10, 1997 CONFIDENTIAL
tiOGG,ALLEN,NORTON&BLUE P.A.
ATTORNEV-CGENT PRIVILEGE
Via Facsimile&U.S, Mail
The Honorable S. Scott Vandergrift Mr.Rusty Johnson,City Commissioner
Mayor City of Ocoee City of Ocoee
2625 Cedar Bluff Lane 1400 Kimberly Street
Ocoee,Florida 34761 Ocoee,Florida 34761
Scott Anderson, City Commissioner Scott A. Glass, City Commissioner
City of Ocoee City of Ocoee
510 Orange Avenue 203 Laurcnbcrg Lane
Ocoee,Florida 34761 Ocoee,Florida 34761
Jim Gleason, City Commissioner
City of Ocoee
856 Hammocks Drive
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 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:
Overall,they did not have a problem with the language,etc.
2. $75,000 salary is too low and he would like$84,000-585,000,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 of three months is too low with an at-will contract. He would like to
have 12 months severance,but the issue is negotiable.
12207
COCA 'Vdl cf11V`99OH 900r. CSZ CISC 9S:LT L6/01/7.0
City of Ocoee
February 10, 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,butt 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.
g. 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 arc 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.
Sincerely,
�
W. Reynolds Allen
Signed d my e
WRA/crh delay
cc: Ms. Peggy Psaledakis(via fax)
Paul Rosenthal, Esq. (via fax)
HOGG, ALLEN, NORTON&BLUE
12107 PNCEESSiCNML ASSOCIATION
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SENT SY:;:ry of On Runge, TN : .-n-97 : 1 ::7PM : 4234825352-, 4075 68508tc t
CITY OF OAK RIDGE, TENNESSEE
'rE:.ECOPY COVER SHEET
DATE: 2r'/27
TO: Ma Peaav waaledakis
ORGANIZATION/COMPANY: C' tv of Ocoee Fonda
ADDRESS:
FACSIMILE NDMHER OF
RECEIVING MACHINE: (407) 656-S504
NUMBER OF PAGES,
INCLDDING COVER
SHEET: E
NAME, ADDRESS.
TELEPHONE AND
FACSIMILE NUMBER
OF SENDER: ;aca"e17: v. Berea-d. C• •y Cl,rk
City of Oak Rtdoe
2 C RC% 1
Oak Rtdne. CN zOS31-0001
Te1eo'r,e, f423) 482-8102
sat: '423: 45Z-2322
COMMENTS: As mounted. there follows a copy of Jar' Hroughton's
yp^lovment agreement, with atrarbek amendments and with a cony of the rasolutsoq
,nflectina his final salary. Please feel free to contact me if I can be of env
further asaiatanee.
Form 2-5-7
SENT 3Y:city at 03K niage, IN : 2-11-d7 ; 1 :17PM ; 623452e352- 40755505044 2
EMPLOYMENT AGREEMENT
This is an agreement entered into this 17th day of October 1988, between
the City of Oak Ridge (the City) by the City Council and Jeffrey J. Broughton
(City Manager), to provide for the employment of Jeffrey J. Broughton as City
Manager of the City of Oak Ridge, and to set forth the terms and conditions of
his employment and the mutual obligations, rights and duties of each party.
WHEREAS, the parties to this agreement previously entered into an
agreement dated September 22, 1986, and
WHEREAS, the parties have determined to modify and amend said
agreement and set forth these amended terms and conditions of employment of
the City Manager.
Now, therefore, in consideration of the mutual promises as set forth in
this agreement, the City of Oak Ridge and Jeffrey J. Broughton agree as follows:
Section 1. Duties.
City Council agrees to employ Jeffrey J. Broughton as City Manager of
the City of Oak Ridge to perform the functions and duties ae specified in the
City Charter and the City Code, and to perform such other legally permissible and
proper duties and functions as the City Council shall from time to time assign.
Section 2. Term.
A. Nothing in this agreement shall prevent, limit, or otherwise interfere
with the right of the City Council to terminate the services of the City Manager
at any time, subject only to the provisions set forth in Section 3, paragraphs A
and B, of this agreement.
B. Nothing in this agreement shall prevent, limit, or otherwise interfere
with the right of the City Manager to resign at any time, subject only to the
provision set forth in Section 3, paragraph C, of this agreement.
C. This agreement shall become effective as of October 8, 1986, and
shall continue in effect until October 7, 1991 except as provided below.
D. In order to extend the term of this agreement, City Council must
take action between October and December, 1990. However, upon the request of
the City Manager during this same period, the City Council shall make a decision
as to whether they desire to extend said agreement.
Section 3. Termination and Severance Pay_
A. In the event the City Manager is terminated by the City Council
before expiration of the aforesaid term of employment and during such time that
the City Manager is willing and able to perform the duties of City Manager, then
in that event the City agrees to pay the City Manager a lump sum cash payment
equal to six (6) months' aggregate salary; provided, however, that in the event
the City Manager is terminated because of gross misconduct or conviction of any
of ; 9t:City or Van R icge, IN ; 2-1'.-37 ; 1 :1dPM : 6234d2d352- 607556d504lz 3
Employment Agreement -2- October 17, 1988
felony or misdemeanor, excluding minor traffic offenses, in that event, the City
shall have no obligation to pay the aggregate severance sum designated in this
paragraph.
B. In the event the City at any time during the employment term
reduces the salary or other financial benefits of the City Manager in a greater
percentage than an applicable across-the-board reduction for all City employees,
then, in that event, the City Manager may at his option be deemed to be
"terminated" at the date of such reduction within the meaning and context of the
herein severance pay provision.
C. In the event the City Manager voluntarily resigns his position with
the City before expiration of the aforesaid term of employment, then the City
Manager shall give three (3) months' written notice to the City Council.
•
Section 4. Salary.
City agrees to pay the City Manager for his services rendered pursuant
hereto an annual base salary of $54,163.20, payable in installments at the same
time as other employees of the City are paid.
In addition, City agrees to increase said base salary and/or other benefits
of the City Manager in such amounts and to such an extent as the City Council
may determine desirable on the basis of an annual salary review and evaluation of
said City Manager. Said review and evaluation shall be made between October
and December.
Section 5. Hours of Work.
The City of Oak Ridge requires the full-time service of its City Manager
and, therefore, In the event the City Manager is not available for his duties, he
shall designate a City employee as his representative to be responsible in his
place, and so inform members of City Council when appropriate.
Section 6. Automobile.
The City Manager requires that he shall have for business use at all
times, and for personal use within the Oak Ridge-Knoxville metropolitan area,
during his employment with the City, an automobile provided to him by the City.
City shall be responsible for paying for liability, property damage, and
comprehensive insurance and for the purchase, operation, maintenance, repair, and
regular replacement of said automobile.
Section 7. Dues and Subscriptions.
City agrees to budget and to pay the professional dues and subscriptions
of the City Manager necessary for his continuation and full participation in
national, regional, state, and local associations and organizations necessary and
desirable for his continued professional participation, growth, and advancement,
and for the good of the City.
NO: oY:Gity Or :AA uc9e, :N : 2-i:-d7 : 1 :18GM 4<34d2B3h2^ 4075555504:; 4
Employment Agreement -3- October 17, 1988
Section 8. Professional Development.
A. City hereby agrees to budget and to pay the travel and subsistence
expenses of the City Manager for professional and official travel, meetings, and
occasions adequate to continue the professional development of the City Manager
and to adequately pursue necessary official and other functions for City, including
but not limited to the Annual Conference of the International City Management
Association, the state league of municipalities, and such other national, regional,
state, and local governmental groups and committees thereof which the City
Manager serves as a member.
B. City also agrees to budget and to pay for the travel and subsistence
expenses of the City Manager for short courses, institutes, and seminars that are
necessary for his professional development and for the good of the City.
Section 9. Deferred Compensation Plan Contribution.
The City shall contribute to the City Manager's Deferred Compensation
Plan, an behalf of the City Manager, a sum equal to the annual contribution to
such plan by the City Manager. Such annual contribution by the City shall not
exceed five (5) percent of the City Manager's annual salary.
Section 10. Community Involvement.
City recognizes the desirability of representation in and before local civic
and other organizations, and the City Manager is encouraged to participate in
these organizations in order to maintain a continuing awareness of our community
attitudes and ideas.
Section 11. Vacation and Sick Leave.
As of the date of commencement of the term of employment, the City
Manager shall have credited to his account ten (10) days sick leave and five (5)
days annual leave. In addition, the City Manager shall have available an
additional period of annual leave not to exceed five (5) days to be utilized if
necessary for relocation purposes. Thereafter, the City Manager shall accrue, and
have credited to his personal account, vacation and sick leave at the same rate as
other general employees of the City.
Section 12. Disability, Health, and Life Insurance.
The City agrees to provide disability, medical, and life insurance and to
pay the premiums thereon equal to that which is provided all other general
employees of the City, with such coverage being effective on November 1, 1986.
Section 13. Retirement.
The City Manager shall be covered by the Tennessee Consolidated Retire-
ment System in the same manner as is provided all other general employees of the
City.
6ENi dt: ity c, As 9ioge, : t- .•srk .t:4j1n3o1- 4uveo6C.J51:
Employment Agreement -4- October 17, 1988
Section 14. Relocation Expenses.
The City agrees to pay to the City Manager the sum of $3,500 to help
defray the costs of relocating (to Oak Ridge).
Section 15. General Provisions.
A. The text herein shall constitute the entire agreement between the
parties.
B. If any provisions, or any portion thereof, contained in this
agreement are held to be unconstitutional, invalid, or unenforceable, the remainder
of this agreement, or portion thereof, shall be deemed severable, shall not be
affected, and shall remain in full force and effect.
APPROVED AS TO FORM CITY OF OAK RIDGE, TENNESSEE
AND LEGALITY:
City :a t0�orney' � t. Mayor 4i) o1 (j'1silt'
ATTEST:
,'Qityy�Clerk✓ !/ . Cit)C44s ar
'ucN( d• :"ay Tan 91ace, IN : 22-11-91 : 1 .20 M 1234329352- 40755^2524:7
AMENDMENT-TO DEPLOYMENT AGRxaerr'
This amended Employment Agreement entered into this 19th day of
November, 1990 by and between the City of Oak Ridge, Tennessee (City) by
the City Council and Jeffrey 7. Broughton (City Manager) .
WHERFAS, the City and the City Manager have heretofore entered into an
Employment Agreement dated September 22, 1986, as amended October 17, 1988;
and
WHEREAS, the City and the City Manager mutually desire to further
amend said Agreement as amended.
Now, therefore, it is hereby AGREED that the Employment Agreement
between the parties dated September 22, 1986, as amended October 17, 1988,
is further amended as follows:
(1) Section 2, Term, items C and 0 of the Employment Agreement, as
amended, are hereby amended to read as follows:
Section 2. Term
C. This Agreement shall become effective as of October 6, 1986, and
shall continue until October 7. :993, except as provided below.
D. ,n order to extend the term of this Agreement, City Council must
take action between October and December 1992. However, upon the request
of the City Manager during the same period, the City Council shall make a
decision as to whether they desire to extend said Agreement.
(2) The first paragraph of Section 4, Salary, of the Employment Agreement
as amended is hereby amended to read as follows:
Section 4. Salary
City agrees to pay the City Manager for his services rendered pursuant
hereto an annual base salary of $63,169.60, payable in installments at the
same tune as other employees oZ the City are paid.
(3) All other terms and provisions of the Employment Agreement, as
amended, not In conflict with the terms and provisions of this amended
Agreement .hail remain in full force and effect.
APPROVED AS TO PORN CITY OF OAK RIDGE, TENNESSEE
rAND '.WCAL.'Y:
r. f.1iN ia.,r„ a !tna --
City Attorney :Mayo.
ATTEST:
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SENT 571CIty ar Can ,Ridge, TN ; 2-11-37 1 1120PM ; 1234528352-4 4075555504:S 7
AMENDMENT TO EMPLOYl ENT AGREEMENT
This amended Employment Agreement entered into this 21st day of oecember,
1992 by and between the City of Oak Ridge, Tennessee (City) by the City Council
and Jeffrey J. Broughton (City Manager).
WHEREAS, the City and the City Manager have heretofore entered into an
Employment Agreement dated September 22, 1986, as amended October 17, 1988 and
November 19, 1990; and
W8FRWel, the City and the City Manager mutually desire to further amend
said Agreement, as amended.
Now, therefore, it is hereby agreed that the Employment Agreement between
the parties dated September 22, 1986, ae amended October 17, 1988 and November
19, 1990, is further amended as follows;
(1) Section 2, Term, items C and D of the Employment Agreement, as amended, are
hereby amended to read as follows:
Section 2. Term.
C. This Agreement shall become effective October 8, 1986. and shall
continue until October 7, 1997, except as provided below.
C. In order to extend the term of this Agreement, City Council must take
action between October and December 1996. However, upon the request of the City
Manager during the same period, the City Council shall make a decision as to
whether they desire to extend said Agreement.
(2) Section 6, Automobile, of the Employment Agreement, as amended, is hereby
amended to read as follows:
Section 6. Automobile.
The City Manager requires that he shall have for business and persona: use
during his employment with the City an automobile provided to him by the City.
City sail be responsible for paving for liability, property damage, and
comprehensive insurance and for the purchase, operation, maintenance, repair, and
regular replacement of said automobile.
(3) All other terms and provisions of the Employment Agreement, as amended, not
in conflict with the terms and provisions of this amended Agreement shall remain
in full force and effect.
APPROVED AS TO FORM AND LEGALITY: CITY CF OAK RIDGE, TENNESSEE
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City Attorney Mayor
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City 1N erk Ci'y.M ager
SENT BY:city of OAK Rugs, TN : 2-11-i7 1 1 :21P,M : 4234E25352-i 90755F55114 U 9
NUMBER 12-189-94
RESOLUTION
WHEREAS, Article V, Section 5.7 of the Personnel Ordinance of the City of
Oak Ridge provides that City Council shall by resolution fix the salary to be
paid to the City Manager, and
WHEREAS, Section 4 of the Employment Agreement between the City and the
City Manager, entered into on October 17, 1980, provides for an annual increase
in salary in such amount as the City Council may determine desirable, and
WHEREAS, to aid in determining the appropriate level of compensation for
the City Manager, City Council on September 19, 1994 appointed a Performance
Evaluation Committee, and
WHEREAS. the committee has completed its task as it relates to the
performance evaluation of the City Manager and recommends that the salary
heretofore paid the City Manager be adjusted, effective October 10. :99].
NOW, THEREFORE. BE IT RESOLVED BY THE MAYOR AND CO''NCTLMEN OF THE CIY OF
CAA RIDGE, TENNESSEE:
That effective as of October 10, 1993, the salary of the City Manager shall
be at the rate of $74,000 per year, including the City' s contribution to the City
Manager's Deferred Compensation Plan.
3E IS FURTHER RESOLVED that any resolution heretofore adopted by the City
Council in conflict with this resolution or fixing a different salary for the
city Manager is hereby rescinded.
This the 12th day of December 1994.
APPROVED AS TO FORM AND LEGAL:17:
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City ttcrney Mayor Pro Teem i/
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FACSIMILE TRANSMITTAL RECORD
DATE February 11, 1997
#OF PAGES: 4 (including cover)
SENT TO: Ma.Peggy Psaledakis
COMPANY: City ofOen=
SENT TO FAX#: (407)656-8504
FROM: W. Reynolds Allen
CHARGE 00960
COMMENTS:
FOR PROBLEMS OR QUESTIONS CONCERNING THIS TRANSACTION,
CALL LYYDA AT(813)251-1210.
The information contained in this facsimile message is Attorney Privileged and Confidential and is
intended only for the use of the individual or entity named as recipient. If the reader is not the recipient,
be hereby noticed that the dissemination,distribution or copy of this communication is strictly prohibited.
IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,
PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE.
THANK YOU.
11955
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REPLY R Time
February 11. 1997
Via Facsimile&IL5,Mail PERSONAL&CONF[DFN TrAr
The Honorable S.Scott Vandergrift Mr.Rusty Johnson,City Commissicmer
Mayor City of Ocoee City of Ocoee
2625 Cedar Bluff Lane 1400 Kimberly Street
Oro, Florida 34761 Ocoee,Florida 34761
Scott Anderson.City Commissioner Scott A. Glass,City Commissioner
City of Ocoee City of Ocoee
510 Orange Avenue 203 Laurenberg I me
Ocoee, Florida 34761 Ocoee,Florida 34761
Jim Gleason, City Commissioner
City of Ocoee
856 Hammucks Drive
Ocoee, Florida 34761
Re: Employment Agreement for Interim City Manager
(Our File No. 0960-32(T))
Dear Mayor and Commissioners:
The fax dated February 10, 1997 that begins with "I spoke with Pam Reeves . . ." was
erroneously scar to each of you last tight It is the same letter I faxed you on February 4, 1997.
Please forgive the error.
The leper you are now receiving brings you up m dare as it advises you of Jeff's response
to the letter I faxed him on Sunday telling him of the decisions you made Friday night I have
attached another copy of my letter to Jeff telling him of your Friday night response to his 13-point
Iener proposals (Appendix A)
[2425
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February I I, 1997
Page 2
Now to my conversations of yesterday with Jeff and his attorney,Pam Reeves,during which
I was given Jeff s response to your actions of Friday night.
I first spoke with Jeff's attorney,Pam Reeves,mid-afternoon yesterday. She had consulted
with Jeff and repotted that are three(3) items that arc critical to Jeff and that if those three items
are worked out,there are several minor items she would like to discuss with me,but she e,nphaeiaey
that they are minor mad should pose no problem. However,she advises that if we can nor work out
the three tearer that she sees no reason for us to continue discussing the matter. The three issues
are:
1. S'a18rL: You had offered$75.000.00 Jeff will not accept$75,000.00. Pam advises
that he wants a minimum of$82,000.00,but she believes that may not be set in concrete if
the other two items can be worked out The message I get is that if the other two items are
worked out,Jeff will probably scale for around$80,000.00 or$81,000.00.
2. Isla: You offered 1 ye
ar wdtt_auwmatic renewals of 1 v unl_.. either varty
notified the other not less than 60 days before the end of the contract or any renewal year
Jeff wants a three(3)year contact,but does not have a problem with it being "At will"as
long as the severance is acceptable. Please remember regardless of the tem,the employment
relationship would still be at will.
3. Severance in the Event of Involuntary Termination- You offered severanre the first k
months and it declined each month thereafter and became"0"after the first year Jeff wants
six (6) months severance in the event of involuntary termination during the three-year
contract unless the involuntary termination is for one of the masons set forth in the contract
for which severance can be denied.
Last evening Jeff called me and we spoke at length. He confirmed what Pam had said, but
also added that in the even the City changed forms of government to a"strong mayor"system,he
would want that to be considered involuntary termination and he would receive severance. I told
Jeff I had not discussed the issue with you and that I would do so tonight. My view is that his
position is a:air one,that is whatever severance is ultimately agreed on should be paid in the event
of such a change in governmental form.
I also advised Jeff that,my plan was to have a final contract for the Commission to vote on
next Tuesday. 1 also advised, if he had anything else to be considered of any real signifiranrr that
he should let me know today.
11425 HOVlr,Ar r ry,NORTON &BLUE
woccscahuj..ssaaanow
coo
February t 1, 1997
Page 3
Jeff also wanted me to express to each of you that he would very much like to come to Ocoee
and that he appreciated the time and effort each of you is spending on this important daisies_
Sincerely,
gr /gl
W. Reynolds Allen
Attachment
cc; Ms. Peggy Psaled,kis(via fax) Signed in try rhrrce
Paul Rosenthal,Esq. (via fax) 1O aY°d dairy
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CONFIDL
A,TORN r1� PRIVP$EcA
February 10, 1997 _
Mr. Jeffrey M. Broughton Via Facsimile/4231482-5618
103 Danbury
Oak Ridge,Tennessee 37830
Re: Proposed Employment Agreement with the City of Ocoee
(Our File No. 0960-32(1))
Dear Jeff'
The Commission met on Friday night and discussed the proposed contract as well as the
points sot forth in your Fax to me of late Friday afternoon. I set forth below the views of the
Commission as to each of the items set forth in your Fax.
1. Car Allowance:
The S450.00 you propose in lieu of the City providing you a tarts acceptable;undc
the following conditions;
a The City is listed as an additional insured on your liability car insurance. and
the amount of the coverage is a minimum of S 100,000/S300,000.
b. The car is a 4 door and not more than 3 years old, unless the Commission
agrees otherwise This is to ensure that the car is suitable for the
transportation of various persons doing business with the City through you
when it is necsssary.
You will be responsible for all expenses related to the car and to keep it in
goad working order and in tidy condition at all times you use it for City
business. You will not be paid any additional mileage as other employees are
when they use the:Toya sal vehicles for City business. In the event your car
is enviable,you will be responsible to provide a comparable substinue.
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•
February 10, 1997
Page 2
2. Pate of Availability.
Not later than March 10, 1997 is acceptable.
3. MovinrEanenser
The Commission is willing to pay up to 56,000.00 in moving expenses upon
presentation of acceptable invoices in advance,or if you pay them,to reimburse you
upon the presentation of acceptable receipts. The only condition with respect to the
expenses is that they relate to your move,but to which expenses is up to you. For
trample,if you prefer to use some or all of them for air fart,motels,etc rather than
for a moving company, that is acceptable.
4. I ass of Severance:
The City is willing to drop subparagraphs(f)and(g) from Paragraph 8B(3).
I explained to the Commission that you had not had an opportunity to talk with Pam
before you sent me your fax on Friday and that same of your concerns, I felt sure,
would have been alleviated had you talked to her first. For example,as to whether
you engaged in condom which justified denial of severance under paragraph SB(3),
would be a question for the Commission initially,but if you disagreed, you would
have the rightm go to court or to arbitration.if an arbitration agreement is ultimately
included in the contract.
5_ Salary-
The Commission is agreeable to a salary of 575,000.00 per year. The fe-ling of the
Commission is that this is a fair salary for the first year when viewed in light of the
total benefit park-me. If you do the job the Commissioner know you cm do,your
salary will be teased based an your performance. Indeed,that has been the rec`-ntt
history at Ocoee.
6. Severaner.
The Commission is agreeable to providing up to 6 months severance during the font
year of the contract if you are involuntarily terminated unless the termination is for
one of the agreed upon reasons for loss of severance. After the first 6 months, the
severance amount would rednce by I_month for each month you worked. For
example, if you were involuntarily terminated in the seventh month, you would
receive 5 months severance plus the balance of your salary for month 7. Similarly,
if you were involuntarily terminated during the ninth month, you would receive 2
months severance and the balance of you salary for month 9.
HOGG,Aria,Noxmr&BLUE
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900 CA
•
February 10, 1997
Page 3
There would be no severance in the event of your voluntary resignntic:
first year if the contract is automatically renewed without modification. Severance
would include salary only except for unused but accumulated leave as ant fnttb.t,
City Policy.
10. Layer
The policy provides that for new employees paid leave can not be takes Luring the
first six(6)months. Unfortunately,I did not understand this part of the policy when
I spoke with you by telephone yesterday and did not raise with the Commission the
possibility that since you would not be a"probationary employee that you would
be able to go ahead and take the leave as soon as it is earned. At your tees::reqwtst, I
would be happy to raise this with the Commission. However,with respect to leave
to cffecmate your move to Ocoee,the Commission has no problem with yourtaking
a reasonable amount of time, of count without loss of pay,to get that done. The
time off would need to be coordinated with the Mayor. However,the Commission.
feels this doesn't need to be in a contract as it is unnecessary.
11. Disability and Life insurance
The City is unwilling to treat its City Manager any differently than all City
employees with regard to this item. If you have any questions as to the amount of
the benefit,please feel free to call Pew_
12. Retirmmrr
The Commission is willing to pay into I0.4A 10%of your salary up to S7,5.00.00 per
year.
With respect to paragraphs 7 (Tcm Extension), 9 (Interim Housing Supplement) and 10
(Other Relocation Costs), the Commission is unwilling w accept them and offers no counter.
Other than as set forth above, the proposed Employment Agreement identified in the lower
right hand comer as 12043 2.130 remains the proposal of the City Commission.
The above comments are conceptual and made to let you know in principal where the
commission is coming from. As I told you in my earlier conversations and correspondence,any and
ail agreements are subject to modification and rejection by either party until a contract signal by you
is ratified by the Commission is an official mating set for that purpose in accordance with Florida
law..
Hocc,ALLEN,NORTON&BLUE
11112 POORISJOrui.ASSOCL.rpt
tuna ..,.. .—.____
February 10, 1997
Page 4
I will be out of the office today, but I will have the materials with me and can talk with you
and Pam almost anytime you wish. Just call my secretory,Alice,and she will find me and I will cal]
you back.
Sincerely, ®�
W.Reynolds Allen
cc: the Honorable S. Scort Vandergrift
All City Commissioners
Paul E. Rosenthal,Esq. earled In avatars
Peggy Psaledakis
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RE➢tY R[ On O,eY
FACSIMILE TRANSMITTAL RECORD
DATE; February 12, 1997
•OF PAGES: 3 (including cover) r `
SENT TO: Ms. Peggy Psaledakis c}-"fin`
70�
COMPANY: City of Ocoee
SENT TO FAX#: (407)656-8504 Ca y
Ki)l47
FROM: W. Reynolds Allen 1 ��
CHARGE: 00960
COMMENTS: Peggy and Paul,
Please review the attached and give me a call on(S13)601-9453
immediately if you have any changes. I would like to get this faxed to Jeff
immediately.
FOR PROBLEMS OR QUESTIONS CONCERNING THIS TRANSACTION,
CALL LYNDA AT(813)231-1210.
The information contained in this facsimile message is Attorney Privileged and Confidential and is
intended only for the use of the individual or entity named as recipient. If the reader is not the recipient,
be hereby noticed that the dissemination,distribution or copy of this communication is strictly prohibited
IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,
PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE.
THANK YOU.
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RIPLV TO.Tampa
February 12, 1997
Mr.Jeffrey M. Broughton Via Facsimile(4231482-5618
103 Danbury
Oak Ridge,Tennessee 37830 Re: City of Ocoee City Manager Position DRAFT
(Our File No. 0960-32(T))
Dcar Jeff:
This is to confirm our telephone conversation of late last night with respect to the action of
the City Commission(hereinafter"Commission")on the four major items.
1. The Commission is willing to pay you an annual salary of$80,000.00.
2. The Commission will agree to a 1-year contact commencing on a mutual agreeable
date that automatically renews itself for 1-year periods unless not less than 90 days
before the end of the contract or any annual renewal year thereof,either party notifies
the other of its intent to terminate or modify the agreement. In the event of such a
notice, the contact will terminate at the end of the contract year unless the panics
reach a new agreement or agree otherwise.
3. In the l-year contact, the Commission is willing to provide severance pay of six
month's salary in the event of involuntary termination during the first six(6)months
of the contract, except for those reasons mutually agreed upon as warranting no
severance pay. After the first six months,the severance pay would be reduced by one
month's salary for every frill month of employment following the first six months.
In the event of an automatic renewal,there would be no severance in the renewal
year(s), unless the parties agreed otherwise.
Of course, as discussed before, there would be no severance in the event of
resignation. Of course, in the event you and the Commission decide to negotiate a
renewal agreement, rather than terminate or automatically extend the I-year
t2472
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•
•
February 12, 1997
Page 2
agreement,there is no prohibition on discussing any issue during the renegotiations,
including severance.
4. The Commission will agree that in the event of the form of government of the City
of Ocoee is changed to a "strong mayor" system, that to the extent you would be
otherwise be entitled to severance in the event of involuntary termination because of
the change in the form of gavcmmcnt, "strong mayor' takes office, upon your
resignation or in the absence of a resignation you will be deemed an involuntary
termination entitling you to severance so long as you remain actively employed until
the "strong mayor" takes office, or 30 days after the vote on the issue becomes
official,whichever first occurs.
Sincerely,
DRAFT,
W.Reynolds Allen
WRAiagh
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REPLY nl In.
February 12, 1997
Via Facsimile& U.S.Mail
The Honorable S. Scott Vandergrift Mr.Rusty Johnson,City Commissioner
Mayor City of Ocoee City of Ocoee
2625 Cedar Bluff Lane 1400 Kimberly Street
Ocoee,Florida 34761 Ocoee,Florida 34761
Scott Anderson, City Commissioner Scott A.Glass,City Commissioner
City of Ocoee City of Ocoee
510 Orange Avenue 203 Laurenberg Lane
nrtve Florida 34761 Ocoee, Florida 34761
Jim Gleason,City Commissioner
City of Ocoee
856 Hammocks Drive
Ocoee, Florida 34761
Re: Employment Agreement for Interim City Manager
(Our File No.0960-32(T))
Dear Mayor and Commissioners:
As I repotted to Peggy first thing this morning,I spoke to Jeff about 11:30 last night
about the action taken by the Commission last night He was disappointed but did not make
a final commitment and asked that we talk again today. When I got back in the office, I prepared
the enclosed document,which memorialized essentially what I told Jeff last night as to the
position of the Commission.
This afternoon,Jeff called me and advised that based on the position of the Commission that
he was no longer interested in pursuing the position. We talked some and he advised that he
believed it just was not in his best interest to uproot his family and make what he wants to be a long
term commitment with no more assurances than a one year contract with only the first 6 months
severance guaranteed.
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City of Ocoee
February 12, 1997
Page 2
I told Jeff that if he wished to present anything further that he should feel free to d .tv,tram
he responded that he did not as the message from the Commission appeared to he clear..
I perceived that the unwillingness to provide a 3 year contract with 6 mouth=wart fat
termination during the life of the agreement was the deal breaker.
At this point,unless I hear from you to the contrary,I will take no further ea;»t)r,.
Sincerely,
•
W. olds Allen
WRA/crh
cc: Ms.Peggy Psaledakis(via fax)
Paul Rosenthal,Esq. (via fax)
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REPLY To may.
February 12, 1997
Mr.Jeffrey M.Broughton Via Facsimile(4231482-5618
103 Danbury
Oak Ridge,Tennessee 37830
Re: City of Ocoee City Manager Position
(Our File No. 0960-32(T))
Dear Jeff:
This is to confirm our telephone conversation of late last night with respect to the action of
the City Commission(hereinafter"Commission")on the four major items.
1. The Commission is willing to pay you an annual salary of S80,000.00.
2. The Commission will agree to a I-year contract commencing on a mutual agreeable
date that automatically renews itself for I-year periods unless not less that,.90 days
before the end of the contract or any annual renewal year thereof,either party notifies
the other of its intent to terminate or modify the agreement In the event of such a
notice,the contract will terminate at the end of the contract year unless the parties
reach a new agreement or agree otherwise.
3. In the 1-year contract, the Commission is willing to provide severance pay of six
month's salary in the event of involuntary termination during the first six(6)months
of the contract, except for those reasons mutually agreed upon as warranting no
severance pay. After the first six months,the severance pay would be reduced by one
month's salary for every full month of employment following the first six months.
In the event of an automatic renewal, there would be no severance in the renewal
year(s),unless the parties agreed otherwise.
Of course, as discussed before, there would be no severance in the event of
resignation. Of course, in the event you and the Commission decide to negotiate a
renewal agreement, rather than terminate or automatically extend the 1-year
12472
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February 12, 1997
Page 2
agreement,there is no prohibition on discussing any issue during the renegotiations,
including severance.
4. The Commission will agree that in the event of the form of government of el: Gi.Y
of Ocoee is changed to a"strong mayor" system, that to the cent you vroc:4<E.ben
otherwise be entitled to severance in the event of involuntary termination hPlcrr-ie of
the change in the form of government, "strong mayor" takes office,
resignation or in the absence of a resignation you will be deemed an involuitay
termination entitling you to severance so long as you remain actively employed until
the "strong mayor" takes office, or 30 days after the vote on the issue becomes
official,whichever first occurs.
Sincerely,
,,e4j
W.Reynolds Allen
,iyna*to my armWRA/agh ,o avoid*Ray
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