HomeMy WebLinkAboutDiscussion RE: The Position Of City Manager 04/03/97 16:22 V813 253 2006 HOGG.ALLEN TPA. 0 002
LAW OFFICES
HOGG,ALLEN,NOR ION&BLUE
PROFESSIONAL ASSOCIATION
MIAMI OFFICE ORLANDO OFFICE TALIANASS1 (Nome TAMPA OFFICE
SUITE 300 SIGNATURE PLAZA.SUITE 8 W SUITE 305 I FIDE PARK PLAZA.SUITE 350
121 MAJORCA 201 SOUTH ORANGEAVENVE 215 SOON MONROE STREET 320 SOUTH HYDE PARK AVFNUF-
CORAL GABLES,FLORUM 33134 ORLANDO,FLORIDA 321101 TALLAHASSEE,FLORIDA 32301 TAMPA,FLORIDA 33606
305 445.7801 40h843.043T 804/681.3603 012P211A210
TELLECOPY 3051442-15T8 TELECOPY 4071423-7368 TELECOPY 9041501-0332 TELECOPY 81:V7s.2005
REPLY TO.Tampa
April 3, 1997
PERSONAL&_CONFIDENTTAT.
ATTORNEY-CLIENTPRIVILEGE
Via Facsimile
Ms.Peggy Psaladakis
Director Personnel&Risk Management "CONFIDENTIAL"exempt from public disclaim unlit
conclusion of imminent or Iatusl litigation at
City of Ocoee adversarial
administrative
m nlstr tive prossulinhs pursuant to
150 North Lake Shore Drive
Ocoee,Florida 32761
Dear Peggy:
Enclosed please find:
1. The proposed Employment Agreement from Jeff Broughton which he faxed me
today;and
2. A copy of my letter to Jeff confirming receipt of his proposal and advising him of my
instructions and planned course of action.
I have not yet had a chance to review Jeff's proposal,but wanted to go ahead and get it to
you,the Mayor and the Commissioners for review.
As we discussed earlier by phone, and as I advised Jeff in the enclosed letter, I will be
prepared to explain the status of negotiations up to the point they ended unsuccessfully last month
as well as be able to point out the differences between Jeff's proposal and the last contract proposal
I made to him at the direction of the City Commission.
13806
04/03/97 16:23 V813 253 2006 HOGG.ALLEN TPA. EI 003
Ms. Peggy Psaladakis
April 3, 1997 •
Page 2
I will plan to be at the meetings on both Tuesday and Wednesday nights as you instructed.
Sincerely,
W. ynolds Allen
WRA:jw
Enclosures
cc: S. Scott Vandergrist,Mayor(w/o enc)
Leon"Rusty"Johnson, Commissioner,District 1
Scott Anderson,Commissioner,District 2
Scott A. Glass,Commissioner,District 3
Nancy Parker, Commissioner,District 4
Paul E. Rosenthal, Esquire, City Attorney
HOGG,ALLEN,NORTON&BLUE
13806 PROFESSIONAL ASSOCIATION
04/03/97 16:24 r0813 253 2006 HOGG.ALLEN TPA. [M004
LAW OFFICES
HOGG, ALLEN,NORTON &BLUE
PROFESSIONAL ASSOCIATION
MIAMI orrice ORLANDO OURICE TALUHASSIeh OFFCE TAMPA OFFICE
SUITE 303 SIC-NATURE PLAZA.SUITE Rio SUITE 305 HYDE PARK PLAZA.SUITE 350
121 MArO(CA 201 SOUTH ORANGE AVENUE 215 SOUTH MONROE STREET 324 SOUTH HYOE PARK AVENUE
CORAL GAR LEs,F4uaupA 33134 ORLANDO,F1.o1uDA 32801 TAra.AUA.cs>*.u,FI.Oamn 32301 TAME A,FLORIDA 33606
7051415-7601 AOT1R004$7 9941681.3603 E101251.i2+o
TELECOPY 3051442.1570 TELECORY 4071422.73M5 TELECOPY 90U501.0332 TELECOPY 813/263-2oa6
REPLY TO:Tampa
April 3, 1997
Mr.Jeffrey M. Broughton
103 Danbury
Oak Ridge,Tennessee 37830
Re: Proposed Employment Agreement with the City of Ocoee
(Our File No_ 0960-32(T))
Dear Jeff:
This confirms the receipt of your proposed Employment Agreement. Further discussions
with the City after you called me earlier,reveal that I am not authorized to negotiate with you any
further until I get further instructions from the City Commission at the workshop scheduled for 6:00
p.m., next Tuesday. My instructions are to attend and explain the status of negotiations up to the
point they ended last month. With the receipt of your proposal,I will include in my summarization
and explanation of my understanding of your proposal and compare for the City Commission any
differences between your proposal and the last document I presented you in behalf of the
Commission.
I think it would be a good idea if you were available by phone Tuesday night so that I can
reach you during the meeting if the Commission has any questions. Please let me know where you
will be reachable by phone.
•
Sincerel ,
Jam_
W. nolds Allen
WRAjw
cc: The Honorable S. Scott Vandergrist
All City Commissioners
Paul E. Rosenthal,Esq.
Peggy Psaledakis
13807
04/03/97 16:24 ty813 253 2006 HOGG.ALLEN TPA. E1 Q05
From:Jeff end Wise&WOW Fue;423492461a Yolcr.02342408 To;Rryrwldi Allyn at Mon.AII.n,M,rdn&ON, Pap 2 019 Thursday.ADM 03.11191 11 Z1:40 AM
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT("Agreement")is made and entered into this
day of , 1997,by and between the City of Ocoee(hereinafter referred to as
"Employer"), a municipal corporation, with its office located at City Hall, Ocoee, Florida and
Jeffrey J. Broughton, whose residence is 103 Danbury Drive, Oak Ridge, Tennessee, (hereinafter
called"Employee"), both of whom understand as follows:
WITNESSETII:
WHEREAS, Employer desires to employ the services of said Jeffrey J. Broughton as City
Manager of the City of Ocoee, as specified in the City Charter and City Code; and
WHEREAS, it is the desire of the Governing Board, hereinafter called "Commission," to provide
certain benefits, establish certain conditions of employment, and to set working conditions of said
Employee; and
WHEREAS, it is the desire of the Commission to (1) secure and retain the services of Employee
and to provide inducement for him to remain in such employment, (2)to make possible full work
productivity by assuring Employee's morale and peace of mind with respect to future security, (3)
to act as a deterrent against malfeasance or dishonesty on the part of Employee, and (4)to provide
a just means for terminating Employee's services at such time as he may be unable fully to
discharge his duties due to age or disability or when'Employer may otherwise desire to terminate
his employ;and
WHEREAS, Employee desires to accept employment as City Manager of said City.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree
as follows:
Section 1. Duties
A. Employer hereby agrees to employ said Jeffrey J. Broughton as City Manager of the
City of Ocoee and to perform the functions and duties as specified in the City Charter and City
Code, and to perform other legally permissible and proper duties and functions as the Commission
shall from time to time assign. 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, or as specifically provided in the City Charter or Ordinances now in existence or
as may be subsequently altered, adopted or amended.
C. Employee shall have the sole discretion to select Department Directors (Heads),
assistants, and his personal secretary all who shall serve at the will and pleasure of the Employee.
04/03/97 16:26 e813 253 2006 HOGG.ALLEN TPA. J006
From:4,f grid Rising®rmiiti r Fa:ATJ4BTr3610 Vole.:423412b610 To:Riyno ds Ausn t Hopp,AAsn,Norton$Mug rap 3 of 9 Thursday,Apr1101,191#112315 AM
•
Employment Agreement 2
Section 2. Term
A. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of
the Commission to terminate the services of Employee 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 Employee to resign at any time from his position with Employer, subject only to the
provisions set forth in Section 3, paragraph C, of this agreement.
C. This agreement shall become effective as of May 5, 1997, and shall continue in effect
through May 4, 2000, except as provided below.
D. In order to extend the term of this agreement, the Commission must take action
between May and July, 1999. However, upon the request of the City Manager during this same
period, the Commission shall make a decision as to whether they desire to extend said agreement.
Section 3. Termination and Severance Pay
A. In the event Employee is terminated by the Commission during such time that
Employee is willing and able to perform his duties under this agreement, or in the event the
position of the Employee is eliminated or substantially changed as a result of a charter change or
other legislative act of the state or city, then in either event Employer agrees to pay Employee a
lump sum cash payment equal to 6 months' aggregate salary, and to provide group medical
insurance just as if Employee had remained employed for those 6 months, subject to (1)
Employee complying with paragraphs 16B through 16E of this Employment Agreement
(Confidentiality and Cooperation), and(2)Employee executing a release, if requested by the City,
of all officers, directors, members, City Commission members, employees and representatives of
any and all rights he 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; provided, however, that the
Employer shall have no obligation to pay any compensation or to provide Employee group
medical insurance hereunder unless otherwise required by law if Employee 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 of nob 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.
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 Employer shall have no obligation to pay Employee
hereunder unless and until a judgment of acquittal is entered by the Court.
The Employer shall no longer be obligated to provide Employee group medical insurance once
Employee has obtained employment with an employer who offers group medical insurance to
04/03/97 16:27 '$'813 253 2006 HOGG.ALLEN TPA. a 007
Front:air Ind WS Breugnf8n Feu:10/4/126617 VOICE 421•442W114 To:Reynolds Allen at Hopp.AWn.Norton L Blue Pop 4 OP Thum*,Aire W,1s7 77'14:6f AM
•
Employment Agreement 3
which Employee meets the employer's plan eligibility requirements, or six(6)months, whichever
first occurs.
B. In the event Employer refuses, following written notice, to comply with any other
provision benefiting Employee herein, or the Employee resigns following a suggestion, whether
formal or informal, by the Commission that he resign, then, in that event, Employee, may, at his
option, be deemed to be "terminated" at the date of such reduction or such refusal to comply
within the meaning and context of the herein severance pay provision.
C. In the event Employee voluntarily resigns his position with Employer before expiration
of the aforesaid term of his employment, then Employee shall give Employer one month notice in
advance, unless the parties otherwise agree. Employee shall receive no severance pay or benefits,
except as may be otherwise provided in the City Personnel Rules and Regulations applicable to
the Employee.
Section 4. Disability.
If Employee is permanently disabled or is otherwise unable to perform his duties because
of sickness, accident, injury, mental incapacity or health for a period of eight successive weeks
beyond any accrued sick leave, Employer shall have the option to terminate this agreement,
subject to the severance pay requirements of Section 3, paragraph A. However, Employee shall
be compensated for any accrued personal leave,holidays, and other accrued benefits.
Section 5. Salary
Employer agrees to pay Employee for his services rendered pursuant hereto an annual
base salary of$84,000 payable in installments at the same time as other employees of the city are
paid.
In addition, the Employer agrees to increase said base salary and/or other benefits of
Employee in such amounts and to such extent as the Commission may determine that is desirable
to do so on the basis of an annual salary review of said Employee as described below.
Section 6. Performance Evaluation
The Commission shall review and evaluate the performance of the Employee at least once
annually in advance of the agreement date. Said review and evaluation shall be in accordance with
specific criteria developed jointly by Employer and Employee. Said criteria maybe added to or
deleted from as the Commission from time to time may determine, in consultation with the
Employee. Further, the Mayor or other person designated by the Commission shall provide the
Employee with a summary written statement of the findings of the Commission and provide an
adequate opportunity to the Employee to participate and discuss his evaluation with the
Commission.
B. Annually, the Commission and Employee shall define such goals and performance
objectives which they determine necessary for the proper operation of the City and in the
attainment of the Commission's policy objectives and shall further establish a relative priority
among those various goals and objectives, said goals and objectives to be reduced to writing.
They shall generally be attainable within the time limitations as specified and the annual operating
and capital budgets and appropriations provided.
C. In effecting the provisions of this Section, the Commission and Employee mutually
agree to abide by the provisions of applicable law.
04/03/97 16:28 ' '813 253 2006 HOGG.ALLEN TPA. Q7 008
From:Jeff.nd Regina arou9horo Fu:4934024610 Wu:4234321610 Ta:RIyrtdda&Hu at KM.Owl.Nmmn i Slit Pau i OS 71suisdry,Ar0 03,1997 11:26:a AM
•
Employment Agreement 4
Section 7. Hours of Work
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
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 the Employee.
Section 8. Outside Activities
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 or other community activities,
trade/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 organizations is to the benefit of
the City. Employee shall not otherwise spend more than ten hours per week in teaching,
counseling or other non-Employer connected business without the prior written approval of the
Commission.
Section 9. Moving and Relocation Expenses
A. Employee shall be reimbursed, or Employer may pay directly, for the expenses of
packing and moving himself, his family, and his personal property from Oak Ridge, Tennessee to
Ocoee, Florida, with said moving expenses to include packing, moving, storage costs, unpacking,
insurance charges, airfare, motels, and/or meals, in a total amount not to exceed $6,500. If
Employee resigns his employment' with the City within one year of the effective date of this
Agreement, Employee shall repay the City for all moving expenses paid or reimbursed by
Employer.
B. The Employer shall pay the Employee an interim housing supplement of$700 per
month. Said payments shall begin on the effective date of this Agreement, and shall continue for a
maximum of four (4) months, or until the Employee purchases and closes on a house within the
corporate limits of Ocoee, Florida, whichever event occurs first, said total payment not to exceed
S2,800.
Section 10. Automobile and Mobile Telephone!Computer equipment
04/03/97 16:30 12813 253 2006 HOGG.ALLEN TPA. t1009
From:Jeff and Rapbabiutt ton Fa:f23J¢QJii10 Velea:MYMARAS% To!Reynolds Allen it Wu, Nsnonspfw Par iof,Mustily,MO INIT 11T/41AM
Employment Agreement 5
A. Employee's duties require that he shall have the exclusive and unrestricted use at all
times during his employment with Employer of an automobile. Employee shall provide his own
four-door automobile, and shall be paid $450 in advance each month as a vehicle allowance.
Employee shall be responsible for the purchase, operation, maintenance, repair and regular
replacement of said automobile. Unless permission is granted otherwise by the Commission, said
vehicle shall not be more than four years old. The City of Ocoee shall be listed as an additional
insured with minimum coverage limits of$100,000/$300,000.
B. The Employer 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(i). Use of the cellular car phone to contact Employee's spouse of other member
of his family residing with Employee shall be considered the business of the City; (i) Employee
may use the telephone for personal matters provided he reimburses the City of the cost of all such
calls.
Section 11. Personal Leave
A. As an inducement to Employee to become City Manager, at signature hereof,
Employee shall be credited with 22 days of personal leave. In addition, Employee shall accrue,
and shall have credited to his personal account, personal leave at the same rate as other
department heads of the city.
B. Employee shall receive five (5) administrative leave days during the first year of the
agreement which may be used for visitation and/or moving purposes.
Section 12. Health,Dental,Disability,Life, and Vision Insurance
Employer shall provide comprehensive health, dental, disability, life, and vision insurance
coverage in the City health insurance program to the Employee and all members of the
Employee's family on the same terms and conditions as provided to other City employees and
their family members.
Section 13. Retirement
Employer agrees to execute all necessary agreements provided by the International City
Management Association-Retirement Corporation (ICMA-RC) for Employee's continued
participation in said ICMA-RC retirement plan, including the transfer of Employees' current
account, and in addition to the base salary paid by the Employer to Employee, Employer agrees to
contribute the equivalent of ten percent of base salary, up to $7,500 annuaIIy, into the ICMA-RC
on Employees behalf, in equal proportionate amounts each pay period, and to transfer ownership
to succeeding employers upon Employee's resignation or discharge.
Section 14. Dues and Subscriptions
Employer agrees to budget and to pay for the professional dues and subscriptions of
Employee 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 Employer.
Section 15. Professional Development
A.. Employer hereby agrees to budget for and pay the travel and subsistence expenses of
Employee for professional and official travel, meetings and occasions adequate to continue the
04/03/97 16:31 $813 253 2006 HOGG.ALLEN TPA. f]010
From:Jiff and Ra4na 6nva1Kon For 427/124 is Yaks:423.4e24119 To:R.yn,4,All,,,It Bogy,Moo,Norton i Ilhn Pap 7 of9 T1+unday.Aorl!03,IOU 1129$14$
Employment Agreement 6
professional development of Employee and to adequately pursue necessary official and other
functions for Employer, 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 government groups and committees thereof which Employee serves as a member.
B. Employee also agrees to budget and to pay for the travel and subsistence expenses of
Employee for short courses, institutes and seminars that are necessary for his professional
development and for the good of the Employer.
Section 16. Indemnification
A. Employer shall defend, save harmless and indemnify Employee against any tort,
professional liability claim or demand or other legal action, whether groundless or otherwise,
arising out of an alleged act or omission occurring in the performance of Employee's duties as
City Manager. Employer will compromise and settle any such claim or suit and pay the amount
of any settlement or judgment rendered.
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 Employer shall pay Employee's reasonable travel and subsistence 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 of 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.
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.
Section 17. Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee
under any law or ordinance.
Section IS. Miscellaneous Provisions
A. The Commission, in consultation with the manager, shall fix any such other terms and
conditions of employment, as it may determine from time to time, relating to the performance of
Employee, provided such terms and conditions are not inconsistent with or in conflict with the
provisions of this agreement,the City Charter or any other law.
B. All provisions of the City Charter and Code, and regulations and rules of the Employer
relating to personal leave, retirement and pension system contributions, holidays and other fringe
benefits and working conditions as they now exist or hereafter may be amended, also shall apply
to Employee as they would to other employees of the city, in addition to said benefits enumerated
specifically for the benefit of Employee as herein provided, except Section 12.09, Longevity Pay;
Section 15, Disciplinary Action/Termination, and Section 16, Grievance Procedure.
04/03/97 16:33 '$813 253 2006 HOGG,ALLEN TPA. 0 011
From:4W and Rosin Broughton Far;423412451eYvka:423482a618 To:Reyna*,Moo se Hogg,Mom Norton aBan Pass Bof11 Thursday.April 0J.119111:29:NAM
Employment Agreement 7
C. 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
Employer mutually agree otherwise.
D. Employee shall advise the City Commission of any and all demands for arbitration,
administrative charges or litigation and,keep the City Commission informed as to the status of the
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.
E. Employee shall reside within the City limits of the City of Ocoee unless the City
Commission agrees otherwise. If the City Commission so agrees, said approval shall last through
the term of this Agreement.
Section 19. Notices
Any written or other notice required by this Agreement shall be deemed delivered as
follows:
(A) As to Employer, 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
City Hall, said delivery to be verified by an executed Certified or Registered mail receipt, signed
by the Mayor or his designee.
(8) 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.
Section 20. General Provisions
A. The text herein shall constitute the entire agreement between the parties.
B. This agreement shall be binding upon and inure to the benefit of the heirs at law and
executors of Employee.
C. If any provision, or any portion thereof contained in this agreement is held
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.
IN WITNESS WHEREOF, the parties have executed this Employment Agreement, consisting of
pages, this day of , 1997.
Employee Signature
Employee Name(Please
Print)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA,
APPROVED AS TO FORM AND
04/03/97 16:34 '$813 253 2006 HOGG.ALLEN TPA. 0 012
From:Miami Regina Brouyhbn Fia<:4 4821618 voles:423.482a519 To:Reynolds Nan at NM,Mon,Norton&D u. Peps 9 on Thursday,NN 03.1e97 11:30:12 NN
Employment Agreement 8
LEGALITY THIS DAY OF
, 1997.
BY:
City Attorney
•
APPROVED BY THE OCOEE
CITY COMMISSION AT A MEETING MAYOR, CITY OF OCOEE
HELD ON , 1997
UNDER AGENDA ITEM NO. DATE:
•
EMPLOYMENT AGREEMENT EMPLOYMENT ,AGREEMENT MEA
Last Proposal of City of Ocoee As Proposed by J.Broughton Comments
This Employment Agreement("Agreement") is WHEREAS,it is the desire of CP
made between the City of Ocoee(hereinafter referred to as the Commission to(1)secure and
the"City"). a municipal organization organized and retain the services of Employee and
existing under the laws of the State of Florida,with its to provide inducement for him to
office located at City Hall, Ocoee,Florida and Jeffrey J. remain in such employment,(2)to
Broughton whose residence is 103 Danbury,Oak Ridge, make possible full work productivity
Tennessee 37830(hereinafter referred to as.the by assuring Employee's morale and
"Employee"). peace of mind with respect to future
security, (3)to act as a deterrent
NOW THEREFORE,in consideration for the against malfeasance or dishonesty on
mutual covenants contained herein,the parties agree as the part of Employee,and(4)to
follows: provide a just means for terminating
Employee's services at such time as
he may be unable fully to rli scharge
his duties due to age or disability or
when Employer may otherwise desire
1 As to (4)of J.B.'s proposal to terminate his employ; and...
' An * in-the far left hand column indicates what labor counsel feels are important
significant points of disagreement based on discussions in work shops with the prior City
Commission.
13815 . . . -1-
Z00 Z "VdI NMI, 900Z CSZ .CT8S; te:ST 1.6/90/t0
f }u:7/ :J:J4 io:reggy rsaledaki -.From:Alice Hartranft (8131 253-2006 Page 3/17
1. Employment and Duties
A. Employment Duties: The City hereby agrees to Different, but not significant. (§lA)a s CP
employ Employee as City Manager and Employee
agrees to accept such employment,all subject to the
terms and conditions set forth in this agreement.
Unless otherwise:providahere ^j*Fittptayet
shall' ievote is full,time as Cifymaiii:ge arid
cant'.out.ta..the,best:of his:sbility all duties Omitted.
imposed.on him:btr_the;City Charter:.City
Ordinances ai the now exi or:fro n: . .. CP
may bechanged' ilk of Ocoee:and such
otlieraduties as th Ci ................ne
Corimiriissioii:nay frorm Time
tQ.iii.:xeQuiia;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 Same. (§1A)
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.
2 Wording underlined and highlighted in the column reflecting the City Proposal are additions
made by City labor counsel since the last position of the City as reflected by the written proposal of the
City and subsequent letters from City labor counsel to J. Broughton as approved by the City Commission.
3 Highlighted language in this column is omitted from Broughton's Proposed Employment
Agreement.
Reference in this column are to Broughton's document.
` Highlighted wording in Broughton's column is for emphasis to the City Commission.
13815 -2-
04/08/97 15:54 To:Peggy Psaledaki rrum:Alice Hartrantt 1813) 253-2006 Paye 4/17
B. Individual members of the City Commission shall Same(§1B).
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, or as specifically
provided in the City Charter or Ordinances now in
existence or as may be subsequently altered,
adopted or amended;prizvYdearhowe..,'z4.1he,:City?
Manager,shall keep the,City Commission:advised
..................................................
suspenst�on`witk�out::pav and all temauiattons:of Cit
emplo}ees w ii ti,are involuntary,,a�c pt Omitted. Negotiable
tetxmzta €:on'ofprobationary: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 Same(§18D)
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.
•
13815 -3-
04/08/97 15:54 To:Peggy Psaledaki From:Al:ce Hartranft (813) 253-2006 Page 5/17
2. Term: Term and
severance-
The term of employment under this Agreement will Term of agreement: 5/5/97-5/4/2000 6 months
commence February 15 (?), 1997 and end February 14, (§2C) are the
1998(?), unless earlier terminated by either party as but either may terminate subject to critical
provided in Paragraph 8 below. severance provisions. issues.
Action to extend contract must be given Extension
Contract automatically renews unless either party gives by Commission between 5-7/1999 or language
notice of termination not less than ninty(90)days prior Broughton may request a decision subject to
to end of contract or any renewal thereof. about extension during same time negotiation
period. (§2D)
3. Compensation&Benefits
A. The City will pay Employee for all services $84,000.00, payable as are other I Initial
rendered and performed hereunder, a salary of employee salaries with increases in pay salary up to
$80,000.00 per annum, in equal installments paid or benefits as the Commission decides. CC -rest ok
bi-monthly(26 pay periods per annum), or as (§5)
otherwise mutually agreed.
B. Employee's job performance will be reviewed and Evaluated according to specific criteria Entire
evaluated annually by the City Commission, or a developed jointly by City and paragraph
committee appointed by the City Commission Broughton criteria may be changed in B is
which shall report the results to the City consultation with Broughton. (§6A) negotiable
Commission. The review and evaluation shall:be •
complete :at,least.ninety:(90)';daysprtor,to ,knnuallythe Commission
Io . .is, `:.,..S.„:.,:y...
Enip.._ yam:;.,.',-._ _.,_der ai'y;dafe;of enipToyinenf and Broughton shall define goals and
shall:ba:ciiscuss witliEmploy .by the City performance objectives. (56B)
Comm,ssion.or.:its.designee:.Should'the
Employee.'s:annual.evali atiori:be°Tess=than better Highlighted language is omitted.
than.average":or:its;equivalent,the.City
Commission,ghall identify::areas of needed
improvement and explain'its expectations:,:Other
reviews:may be:condu at:th discretion of the
CityCommisston.
C. C es in Employe 's.salary,shall:t a:negotiated Omitted,but Broughton has left Accept
by::the.City Coiiiiusssion or its<esig r in whiclh increases up to the CC 15) Broughton
case azty tentatively agreed upon:utcrease:must.be
approvedbithe:Crtu c TA71mplovee'. (See A
nnual ob peifimiaanc evalm' tton is tess::fihai
above)
.... ...-..
"satM'aetoiv'.':-or ifs equi�alent�':he shall:receive no
increase':in:salaiv::
-4-
04/08/97 15:54 To:Peggy Psaledaki From:Alice Hartranrt (8133 253-2006 Page 5/17
•
4. Fringe Benefits
* A. Employee shall be eligible for and participate in all City to provide health, dental, Q: Can he
fringe benefits uniformly provided to Department disability, life and vision insurance to start taking
Heads of the City on the same basis and under the Broughton and his family on the same as soon as
same conditions as provided to said employees, terms as provided to other City accrued...
unless otherwise specifically provided herein,or employees. (Unclear what result if [?]
unless the Employee and City Commission these benefits are not provided to other
mutually agree otherwise. City employees.) (§12)
Leave " '",�3S:w11t be-4�-edrtedwi#h 22'�days
personal:leave ;Also:`gill.get;15
admimsfrative leave delays.during i:I e
fi�ty�ac;��rldditzoi�a�lza.��sEiall
acerue:at same:rate:as other:
P.44.4§4!:115ads:(! 1j
Alt ough:notta:beaddedto:.the.EA,reasonable �:5.days`:administrative::leave:fust.;year
amountoftime:firsf:Xeartio:°effectuate: to::etTeatiat :mave
B. Employee shall receive a car allowance of S450.00 Employee will provide own car Essential
per week under the following conditions: S450.00 in advance,monthly, as Agreement
vehicle allowance. Not_over 4.yeard
(a) The amount of the car allowance you old and::"
�vrtlioutipersnissiQn ofwCiiv:ancl
propose. iriust:bi4 Foos.`Broughton responsible
for car maintenance. He will list City
(b) Your date of first availability,assuming of Ocoee as an insured with
that a Contract is finalized and approved by S100,000/$300,000 limits. (§10A) •
the City Commission on or before February
18, 1997.
(c) The moving expense estimates)you have
obtained.
C. The City will furnish Employee a beeper and fixed Same. (§10B)
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; and(b)Employee may use the telephones
for personal matters provided he reimburses the
City of the cost aboVe'the':regular monthly bill:of
all such calls.
13815 -5-
04/08/97 15:54 To:Peggy Psaledaki Frem:Alice Hartranft (813] 253-2008 Page 7/17
D. The City shall pay the annual dues and Some change in language but not CP
subscriptions for the following organizations and significant. (Omits itemization of what
publications for the purposes of allowing Employee will be paid) (Seems to
continued and participation in direct job-related assume
national,regional, and local associations and City will
organizations necessary and desirable to assure his pay
continued education with respect to his managerial whatever
duties to enhance his ability to perform his Broughton-
obligations under this Employment Agreement. designates)
(§14)
Additionally tha_CifSFihill pav'foi baler
meth b sl ipssand subscs pt onsr:on behalf ofthe Omitted. CP
Employee,:which:tlie.:City. in its exclusive
discretion approves in adva nce
E. Conventions: Upon approval by the City No approval required to include CP-if there
Commission or its designee will reimburse Annual Conference of the International is a specific
Employee for all necessary and reasonable City Management Association,the one—it
expenses incurred in the attendance of conventions State League of Municipalities and may be
and seminars attended by Employee,which have other organizations to which Broughton otherwise
been approved by the City Commission or its belongs. Also, City to pay for too broad.
designee as being primarily for the benefit of the seminars, institutes and short courses
City. Reimbursement shall be in accordance with "necessary"to Broughton's
City policy applicable to reimbursement for development. (§15) 1sq not
business-related travel and expenses applicable to tied:fo:City
all other City employees. policy:ai
far as
reimbursem
erif:::of
expenses..
F. Deferred Compensation: The City agrees to make Contributions equal to 10%of base Essential
an annual contribution to ICMA retirement plan salary up to S7,500.00 annually and to Ageement
10%of Employee's annual salary with a maximum transfer ownership to succeeding
contribution of S7,500.00 per year. The payments employer's upon Broughton's
made hereunder are made in lieu of Employee's termination or resignation. (§13)
participation in the City Retirement Plan,which he
voluntarily elects not to participate in.
•
•
13815 -6-
04/08/97 15:54 To:Peggy Psaledaki Fi'ai :Alice Hartranft (8131 253-2006 Page 8/17
5. Extent of Services and Hours of Work
A. Except during periods of illness,vacation,or Same. (§8)
absences of a day or more authorized 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. •
13815 -7-
04/08/97 15:54 To:Peggy Psaledaki From:Alice Hartranft [913] 253-200E Page 9/17
B. Employee shall be"on-call"24 hours a day and Same. (§7)
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 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 §9 Up to CC
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 Same except for$6,500.00; adds Wants
reimbursement for all moving expenses shall not itemization of what expenses may be. add'l$500
exceed S6,000.00, and shall be supported by (§9A)
invoices or receipts acceptable to the City.
Adds: Interim housing supplement of Wants
$700.00/month for up to 4 months or
until closes on a house in Ocoee. $700
* whichever is first. (§9B) supplement
•
13815 -8-
04/08/97 15:54 To:Peggy Psaledaki FromiAlice kartranft (813] 253-2006 Page 10/17
B. If Employee resigns his employment with the City If resigns within one year,will repay Essential
before February 14, 1998,he shall repay the City moving expenses. (§9A) Agreement
for all moving expenses paid or reimbursed under
subparagraph A above.
7. Indenuiification and Cooperation
A. The City shall defend,hold harmless and indemnify Same except deleted the shadded CP
Employee against any tort,professional liability language and added: (§16)
claim or demand or other legal action*for:wlIich
the.Cityis:legallyi' sponsibxc thr actioi sof *"whether groundless or otherwise .
... .....
Eznj d ieelacting in hi 'act y�.4s tli :Ct arising out of an alleged act or
Mithigiiiiiiiirafe*AliiiitliefliiiiiiiitheritY omission occurring in the performance
and a loymert s,Gt'ty M''a to et&rib echo of employee's duties as City Manager.
applicable;law:and:_,th City:Chiartet and Employer will compromise and settle
Ordinances.and,;any;Ituntations contamr;edtherein. any such claim or suit and pay the
amount of any settlement or judgment
tendered."
B. In the event of actual or threatened litigation and/or Essentially the same(§16B)
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 Adds: payment for"subsistence"while OK subject
Ocoee, Employee will cooperate with the City and assisting the City in defense of actions to CC
its counsel in assisting the City in every legal against the City. approval
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 Same. (§16C)
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.
13815 -9-
04/08/97 15:54 Ta:Peggy Psaledaki From:Alice Hartrant't (513) 253-2006 Page 11/17
D. Employee shall not disclose any confidential Same. (§16D)
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 Same. (§16E)
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 Employee to give 1 month notice of Add JB's
employment: resignation. If Employer breaches language to
employment agreement or if ours—I
Commission suggests,formally or don't
informally,that Broughton resign,it is really see a
to be treated as a termination. (§3) problem.
1. Employee shall receive no severance pay or Same. (§3C)
benefits under this Agreement,except as may
be otherwise provided in the City Personnel
Rules and Regulations applicable to him if he
resigns lus employment.
2. Tliis:contract;e egt:;fo ;para rap s::7Br 7C Omitted. CP
an. ":*Iii4:shah:female;enforce ai.d:effect
foi:as:tong:as:the::lav allows�<shall:lie
automatically canceled and exce as to:those
paragraphs,that continue:in of ect.nei her
Employes.nor ttie.City shalt have:ar�yfiurther
obligation one:t,thie::othier under,°this contract
........ .. ............:
ar;:.othc ylse,
B. Termination by the City:
* 1. 3ulsject to e prose fires set forth:in A title Omitted. CP
LVx§.>.C-22:of the.City Chaarter;;Employee and
this Agreement may be terminated at any time Nothing in this agreement to prevent
at the will and pleasure of the City termination by employer or employee,
Commission. subject to the provisions of§3. (§2)
13815 -10-
04/08/97 15:54 To:Peggy Psaledaki From:Alice Hartranft (813J 253-2006 Page 12/17
* 2. Except as provided in paragraph 3 below, and 6 months aggregate salary as a lump Up to CC
subject to subparagraphs 2(d)-2(f)below, if sum payable as severance and 6 months
Employee is involuntarily terminated during medical insurance provided on same
the term of this Agreement,he shall be paid terms as if still employed in exchange The
the following severance: for cooperation(§16)and essential
confidentiality and a release of claims differences
(§16). (§3A) between
CC and JB
(a) If involuntarily terminated within the 1. Six(6)
first six(6)months,six(6)months months
salary. salary is not
subject to
reduction
by other
employ-
ment.
(b) If involuntarily terminated thereafter, 2. Amount
the amount of severance shall be of
reduced by one month's salary for each severance.
full month beyond the first six(6)that
Employee remained employed.
(e) Employee shall continue to be provided
group medical and life insurance by the
City during the period he receives
severance under subparagraphs(a)or
(b)above just as he had remained
actively employed during the period he
receives such severance.
(d) Employee complies with paragraphs 7B Provided for in agreement. (§3A
through 7E of this Employment incorporating §16B-D)
Ageement(Confidentiality and
Cooperation).
•
13815 -1 1-
04/08/97 15:54 To:Peggy Psaledaki From:Alice Hartranft (813) 253-2006 Page 13/17
* (e) Pavirieits to fimplovee ssll redu%�ed Omitted. JB wants
by any Amour s rece ve from wages the
from.otheremployxnent(except'.otl er severance
..... .......
en"to ::.. E.... Io eeleld�vlu�f "vas benefits.
epproited by tlt :: ?otadet<paragcaph except for
5 1};;.dtsabiitt .msuranc a soc al recur y gropu
ar life°xnsur&nc ifan} Piro ided byr:the insurance,
City to be a
guarantee
regardless
of earnings
in a
subsequent
job during
the
severance
period.
(I) The City shall no longer be obligated to Same,except for 6 months term. (§3A) Substantial
provide Employee group medical agreement
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.
(g) Aka:aonditionta payments:provtded Omitted. Same comments as under CP
und0:::t4is.subparagrapk2 theCituinay subparagraph 2(e)
require.Employee;:to;provide a statement
of earnings:cnt not.:more:than:a.moi thly
basis,wi ch'statemeint shalt:include the
name:and address-of all::employers::::The
Oily rescr�es:iFie:ri to:venfv siicli
;
(h) Omitted.
neither Employ ::northe°Cttyshall>have
obli ion one.to the: ..
gifdttliiikROaktiffif7B fhirough 72
and accued`:benefits,if any,to::uiiiob he
ns:emitled,i€an�r;trnd�.tl�:City
PsonnelRiles andRegulatiois
applicable tti-him"as:aifinvoluntatily
terminated:employee
13815 -12-
04/00/97 15:54 To:Peggy Psaledaki Frow:Alice Hartranft (913) 253-2006 Page 14/17
(i) Employee shall execute a release of all Same. (§3A(2))
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.
In the event of inability to perform Seems fine
duties because of illness,etc.for 8 to me,but
successive weeks, Employer may subject to
terminate. Broughton will be entitled approval of
to severance as stated in §3 and will be CC.
paid for all accrued personal leave,
holiday and benefits.
Nothing comparable in City proposal.
3. The City shall have no obligation to pay any Same. (§3) Whole
compensation or to provide Employee group section
medical insurance under paragraph 2 agreed
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 Same. (§3)
and operation of the City.
(b) Violation of the City drug policy. Same. (§3)
(e) Refusal to cooperate in an investigation Same. (§3)
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 Same. (§3)
contendere to a felony or crime
involving moral turpitude.
13815 -13-
04/08/97 15:54 To:Peggy Psaledaki From:Alice Hartranft [813] 253-2006 Page 15/17
(e) Causing the City to be found in Same. (§3)
violation of law through gross neglect or
willful or intentional conduct by
Employee.
Except as may otherwise be required by the City Same. (§3)
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: Same. (§19)
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 Same. (§19)
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 Same. (§19)
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 Same. (§18B)
now exist or as they may be later modified by the •
City shall apply to Employee except: •
1. ZTirhen inconsistent:with this; Bement orflie Omitted. Leave in.
• Cstyei?arter .
2. Section 12.09 Longevity Pay Section 15 Same. (§18B) OK
(Disciplinary Action/Termination)and 16
(Grievance Procedure),shall not apply to
Employee
13815 -14-
04/0,8/97 15:54 To:Peggy Psaledaki From:Alice Hartranft (813] 253-2006 Page 16/17
3. Otl er to discussed; Omitted. This would
have to be
discussed;
however, I
doubt if it
will create
any
problem.
4. Such tt ers as:`the CitylCo mission ailF Omitted. CP
frgin;:dltretotlme>c�etennlne
B. Tl "il ayo-or fus`desi a shall t e:the Omitted.
......,...,.<.:..... ::::::::.:..: :..:::...:....:..� OK to omit
Commission Member'with>whom v Employee shall
. .... ....:..:...::�:. CC needs
....................o onfact between the::Cit!';Commission to advise.
and��s�ro�ee;,�tix:;espe��t:,d;off.:;diltytiine'
C. Employee shall have the sole discretion to select Sole discretion to select department Very
his/her personal secretary and any personal directors, assistants and personal critical to
assistants assigned to him to assist him in the secretary, all to serve at Broughton's manage-
performance of his duties as City Manager and pleasure. (§1C) ment staff
he/she shall serve in such capacity at the will and members.
pleasure of the Employee.
D. Employee shall reside within the City limits of the Same. (§18E)
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.
E. Th 4Agr5esnent siigt! a t e.t c} 0.**4* Omitted. CP
gaventect according to the laws o€the state of
1 iorida
...................
F. ilia°acnenduient or:variat on.ofthe terms and Omitted.........:...:....., ,M�...............:.....:.::.,..,,::::;:;::.:•;:: :. .. .: Agree to
conditions of this greement shall t e valid'unless omit as
in tvrltutg and srgnesi by:tlie;paities urmeces-
sary in light
of
paragraph
I.
13815 -15-
, 04/06/97 15:54 To:Peggy Psaledaki From:Alice Hartranft (813] 253-2006 Page 17/17
G. Tlie:.Employee'srightsandot li atiornis..underti ffs Omitted—benefits shall inure to No problem
greement:are,:personal;and are not`assignable benefit of Employee's heirs and as to
executors. (§20B) severance
• pay,
accumulate
d sick and
vacation
leave and
other
benefits.
H. The invalidity or unenforceability of any particular Different language, same effect. CP
provision of this Agreement shall not affect the (§20C)
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 Provides: entire agreement. (§20A) Essential
understandings or agreements,whether written or agreement
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.
Employer shall pay full cost of bonds No
required. Nothing comparable in City problem.
proposal. Subject to
approval of
CC.
•
13815 -16-