HomeMy WebLinkAboutItem 03 Approval of Employment Agreement with Craig Shadrix
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: March 5, 2024
Item #: 3
Contact Name: Melanie Sibbitt Department Director: Melanie Sibbitt
Contact Number: Ext. 1026 City Manager: Robert Frank
Subject: Approval of Employment Agreement with Craig Shadrix. (City Clerk Sibbitt)
Background Summary:
During the City Commission Meeting held on January 16, 2024, there was a discussion regarding the need for
the City Attorney to collaborate with the City Manager in formulating a contract for his successor upon his
departure in 2024. Subsequently, during the City Commission Meeting on February 6, 2024, it was confirmed
that Assistant City Manager Craig Shadrix was the intended successor and a contract for approval by the City
Commission should be prepared accordingly.
Issue:
Should the Honorable Mayor and City Commissioners approve the Employment Agreement with Craig Shadrix
to be effective on such date in 2024 that the City of Ocoee Human Resources Director declares the City
Manager position vacant?
Recommendations:
City staff recommends the Honorable Mayor and City Commissioners approve the Employment Agreement
with Craig Shadrix to be effective on such date in 2024 that the City of Ocoee Human Resources Director
declares the City Manager position vacant.
Attachments:
1. Employment Agreement
Financial Impacts:
Funds allocated for the Employment Contract are sufficiently budgeted.
Type of Item: Consent
Page 1 of 12
EMPLOYMENT AGREEMENT
This Employment Agreement ("Agreement") is made and entered into as of the ___
day of _____________, 2024 by and between the CITY OF OCOEE (hereafter referred to as
the "City"), a municipal organization organized and existing under the laws of the State of
Florida, with its principal office located at City Hall, 1 North Bluford Avenue, Ocoee, Florida
34761, and CRAIG SHADRIX (hereinafter referred to as the "Employee"). This Agreement
shall be effective on such date in 2024 that the City of Ocoee Human Resources Director
declares the City Manager position vacant.
NOW THEREFORE, in consideration for the mutual covenants contained herein, the
parties agree as follows:
1. Employment and Duties:
A. Employment Duties: The City hereby agrees to employ Employee as
City Manager and Employee agrees to accept such employment, all subject to
the terms and conditions set forth in this Agreement. Unless otherwise
provided herein, the Employee shall devote his full time as City Manager and
carry out to the best of his ability all duties imposed on him by the City
Charter, City Ordinances as they now exist, or from time to time may be
changed by the City of Ocoee, and such other duties as the City Commission
may from time to time require him. 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 City Charter and Ordinances of
the City now in existence or as subsequently adopted or amended by the City.
B. Duties with Respect to Public Records. Employee will comply with
the Florida Public Records Act, chapter 119, Florida Statutes, specifically to:
1. Keep and maintain public records required by the public agency
to perform the service.
2. Upon request from the public agency’s custodian of public
records, provide the public agency with a copy of the requested records
or allow the records to be inspected or copied within a reasonable time at
a cost that does not exceed the cost provided in chapter 119 or as
otherwise provided by law.
3. Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed
except as authorized by law for the duration of the contract term and
Page 2 of 12
following completion of the contract if the contractor does not transfer
the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the
public agency all public records in possession of the contractor or keep
and maintain public records required by the public agency to perform the
service. If the contractor transfers all public records to the public agency
upon completion of the contract, the contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the contractor keeps and
maintains public records upon completion of the contract, the contractor
shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the public agency, upon
request from the public agency’s custodian of public records, in a format
that is compatible with the information technology systems of the public
agency.
IF THE EMPLOYEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, MELANIE SIBBITT, CITY CLERK, AT (407) 554-7056,
msibbitt@ocoee.org, CITY HALL, 1 NORTH BLUFORD AVENUE, OCOEE,
FLORIDA 34761.
C. Individual Commission Members: 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 adopted or
amended; provided, however the City Manager shall keep the City
Commission advised of terminations of managerial-level City employees. The
City Manager shall also advise the City Commission of any and all
administrative charges and litigation and keep the City Commission updated as
to the status of same. Subject to the City’s Charter, ordinances, and
regulations, the City Commission shall retain the sole and exclusive right to
determine whether to settle administrative charges and litigation (including the
terms of any settlement) over the City Manager’s purchasing authority, or to
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,
Page 3 of 12
except when by official action the City Commission determines otherwise, or
the law otherwise provides, or except where otherwise provided in the
Purchasing Rules and Regulations.
2. Term:
A. The term of employment under this Agreement will commence on such
date in 2024 as the City of Ocoee Human Resources Director declares the City
Manager position vacant, and continue until terminated by either party as
provided in paragraph 7 below.
3. Compensation & Benefits:
A. The City will pay Employee for all services rendered and performed
hereunder, a base salary, effective July 1, 2024, of $220,000.00 per annum, in
equal installments paid bi-weekly (26 pay periods per annum), or as otherwise
mutually agreed; provided, however, that unless otherwise agreed to by the
City and Employee, as of October 1 of each year the Employee's base salary
shall automatically increase based on cost of living increases (COLAs) and
merit increases, if any, uniformly provided by the City to Department Directors
of the City.
B. Employee's job performance may be reviewed and evaluated by the City
Commission periodically under this Agreement and discussed with Employee
by the City Commission or its designee.
C. Any increases in Employee's base salary beyond those set forth in
Paragraph 3A above shall be negotiated by the City Commission, or its
designee and the Employee. Any salary increase for Employee must be
approved by the City Commission, but does not require a formal amendment to
this Agreement; provided, however, that the COLA and merit increases
referenced in Paragraph 3A above shall not require any specific approval by
the City Commission.
D. Employee shall continue in the City of Ocoee’s General Employee’s
Pension Plan and be considered as "vested" and shall, thereafter during the
term of this Agreement, contribute 7.4% of his annual base salary to such
pension plan in the same manner as other employees.
4. Fringe Benefits:
A. Generally.
Page 4 of 12
(1) Employee shall be eligible for and participate in all fringe benefits
uniformly provided to Department Directors of the City on the same basis
and under the same conditions as provided to said employees.
(2) Employee shall receive five (5) days per year of administrative leave
in the same manner provided to at-will employees of the City.
(3) Employee shall be eligible for life insurance at two (2) times his
annual salary.
B. Vehicle: City shall provide a full size sedan or sports utility vehicle for
Employee's business and personal use within the State of Florida. City shall be
responsible for all costs related to the vehicle in the same manner as is
provided for the Police Chief and Fire Chief.
C. Equipment: The City shall furnish Employee a cellular smartphone
and iPad (or similar hardware as technology changes) for Employee to use
for City business. All records relating to the City-provided cell phone are
public records subject to the Florida Public Records Act, Chapter 119,
Florida Statutes.
D. Dues, Subscriptions, and Education: Subject to presentation of
proper receipts or invoices and the appropriation of funds as part of the
City's annual budget, City agrees to pay the Employee’s professional dues
for national, regional, state, and local organizations relating to local
government, as well as subscriptions to publications and websites and
graduate-level certificate education programs such as the Senior Executives
in State and Local Government program at Harvard University, that
Employee determines are reasonably necessary and desirable for his
continued professional participation, growth, and advancement, and for the
good of the City. Additionally, the City shall pay for other memberships
and subscriptions on behalf of the Employee, which the City Commission,
in its exclusive discretion, approves in advance.
E. Conventions: (1) City hereby agrees to budget and to pay the
registration fees, travel and subsistence for attendance by Employee as a
member in good standing to the annual meeting or convention of the
International City Management Association, the Florida League of Cities,
Florida City and County Manager's Association, and the National League
of Cities, and other conferences deemed necessary for the economic
development and advancement of the City.
Page 5 of 12
F. Other Expense Reimbursements: All other expenses shall be
reimbursed in accordance with the City policy applicable to all employees.
G. Deferred Compensation: In addition to the base salary paid to the
Employee, the City agrees, during the term of this Agreement, to contribute
annually ten percent (10%) of the base salary of Employee, up to the
maximum allowed, into a deferred compensation plan on Employee's
behalf, such plan to be designated by Employee, with such contributions
being in equal proportionate amounts each pay period. The City agrees
while Employee is employed by the City to execute all necessary
agreements in connections with any such deferred compensation plan in
order to allow for Employee's continued participation therein. Participation
by the Employee in the City of Ocoee General Employees’ Pension Plan shall
not affect the obligation of the City under this subparagraph.
5. Extent of Services and Hours of Work:
A. Except during periods of illness, vacation, or authorized absences of
a day or more, 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
and professional organizations, or to undertake other activities which do
not interfere with the performance of his duties under this Agreement as
determined by the City Commission. It is mutually agreed that participation
in charitable service, other community activities, and trade and professional
organizations provide a benefit to the City. Employee shall not be
employed on a full or part-time basis by any other person or entity without
the written permission of the City Commission. However, written
permission shall not be required for occasional teaching, writing, speaking,
or consulting even if Employee receives outside compensation for such
services. Such activities are expressly allowed, provided they do not
interfere with the efficient operation of City business or present a conflict
of interest with the City of Ocoee.
B. Employee shall be "on-call" twenty-four (24) hours a day and agree
to make himself available as needed; however he may take advantage of
any alternative work schedule offered to other employees. 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
Page 6 of 12
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 casual 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 immediately available
by phone, except during periods of illness, vacation, and other absences to
which Employee gives notification to the Mayor and/or City Commission.
This casual time off is not considered as PTO or administrative leave.
Employee agrees that, at all times, he will conduct himself in a professional
manner and not bring discredit to the City or to the operation of its
business.
6. Indemnification and Cooperation:
A. The City shall defend, hold harmless and indemnify Employee against
any tort, professional liability claim or demand or other legal action for which
the City is legally responsible for actions of Employee acting in his capacity as
the City Manager and which are within the scope of his authority and
employment as City Manager, subject to applicable law and the City Charter
and Ordinances, and any limitations contained therein.
B. In the event of actual or threatened litigation and/or administrative
proceedings involving the City which arise out of the operation or actions
which occurred or are alleged to have occurred during Employee’s
employment as City Manager, Employee will cooperate with the City and its
counsel in assisting the City in every legal manner to prevail in such action.
The City shall pay Employee's reasonable travel expenses and subsistence
expenses including any expenses incurred in preparation for and conduct of
discovery, settlement, and trial of any such matters.
C. Employee further agrees that unless required by law, he will not
cooperate with or assist any party, person, or entity who has, had or may
have, or asserts that he has or may have any claim or any nature against the
City, its agents, officers, employees, City Commission members or
representatives, without the express written permission of the City
Commission, or its designee, unless under subpoena or other legal process.
D. Employee shall not disclose any confidential, privileged, or private
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, including court order.
Page 7 of 12
7. Termination:
A. Termination by Employee: The Employee may resign and terminate
this Agreement upon thirty (30) days written notice to the City. Should
Employee resign his employment and terminate this Agreement:
1. Employee shall receive no severance pay or benefits under
this Agreement, except as may be otherwise provided in the City Personnel
Rules and Regulations applicable to him if he resigns his employment.
2. This Agreement (except for Paragraph 6 and obligations
regarding the production of public records in Employee’s possession or control
under chapter 119, Florida Statutes, which shall remain in force and effect for
as long as the law allows) shall be automatically canceled, and except as to
those paragraphs that continue in effect, neither Employee nor the City shall
have any further obligation one to the other under this Agreement or otherwise.
B. Termination by the City:
1. Subject to the procedures set forth in Article IV, C-22 of the City
Charter, the Employee and this Agreement may be terminated at any
time, with or without cause, at the will and pleasure of the City
Commission.
2. Except as provided in Paragraph 7B.3. below, and subject to
subparagraphs 7B.2.(c) and (d) below, if Employee is terminated he
shall be paid severance pay under the conditions set forth in
subparagraphs 7B.2.(a)-(h) below. A vote by a majority of the City
Commission to offer Employee the opportunity to voluntarily resign in
lieu of termination, shall be considered a termination under and subject
to the conditions set forth in this subparagraph 7B.2. below:
(a) The Employee shall receive severance pay equal to
twenty (20) weeks base salary if terminated, in accordance
with Florida Statutes § 215.425(4)(a)1.; provided, however,
there shall be no severance pay due in cases of termination for
misconduct, as defined by Florida Statutes 443.036, consistent
with Paragraph 7B.3., or termination by the Employee. City
shall continue to pay for the premium necessary to provide
Employee group medical insurance for a period of five (5)
months from the date of the Employee's termination under
paragraph 7B., just as if he had remained actively employed
during such period, but subject to the conditions set forth in
Page 8 of 12
subparagraph 7B.2.(d) and 7B.3. below.
(b) Employee shall comply with paragraphs 6B. through
6D. of this Agreement (Confidentiality and Cooperation)
following termination of this Agreement.
(c) The City shall no longer be obligated to pay the
premiums for Employee's group medical insurance under
subparagraph 7B.2.(b) above once Employee has obtained
employment with another employer who offers group medical
insurance for which Employee meets that employer’s eligibility
requirements (and assuming any waiting periods have passed) or
after five (5) months from the date of the Employee's
termination under paragraph 7B., whichever first occurs.
(d) Upon termination of this Agreement, neither Employee
nor the City shall have any obligation one to the other except (i)
as set forth in Paragraph 6, (ii) for accrued benefits, if any, to
which Employee is entitled, if any, under the City Personnel
Rules and Regulations applicable to him as a terminated
Employee, or (iii) as otherwise provided in this Agreement.
(e) In consideration for receiving termination benefits
under this Agreement, Employee shall execute a general
release of all City officers, City Commission members,
employees and representatives of any and all claims 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.
(f) In the event the form of government of the City is
changed to a "strong Mayor" or similar form of government
for which there is no City Manager, Employee may elect to
voluntarily resign, in which event said resignation shall be
treated as termination under paragraph 7B. and shall be
subject to all of the subparagraphs set forth therein; provided,
however, unless released by the City, the Employee agrees to
remain actively employed for thirty (30) days, or longer upon
mutual agreement, after the "strong Mayor" or other chief
Page 9 of 12
executive officer under a similar form of government takes
office and during that time shall assist in the transition.
(g) In the event Employee is entitled to severance pay from
the City, the City shall, in addition to the severance pay, pay
Employee the amount of premium the City would have paid for
employee life insurance and disability insurance had he
remained employed during the time period for which severance
pay is provided.
3. The City shall have no obligation to pay any severance pay or
to provide Employee group medical insurance under paragraph 7B.2.
hereunder unless otherwise required by law if Employee is terminated
for any or a combination of the following:
(a) Dishonesty with respect to the business and operation of
the City.
(b) Violation of the City drug policy.
(c) Refusal to cooperate in a legal investigation
involving any aspect of the business or operation of
the City conducted by or at the direction of the City
Commission.
(d) Conviction or pleading guilty nolo contendere to a
felony.
(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 City shall have no
obligation to pay Employee severance under paragraph 7B.2. above unless and
until a judgment of acquittal is entered by the Court.
8. Notice and Consent:
Any written or other notice required by this Agreement shall be deemed delivered
as follows:
Page 10 of 12
A. As to the City, when delivered by personal service to the City Clerk
at the City Hall during the regular business hours of the City, or by
Certified or Registered mail to the City Clerk at the City Hall, said delivery
to be verified by an executed Certified or Registered mail receipt, signed by
the City Clerk or the City Clerk's designee.
B. As to Employee, by personal service to him, by an email whose
receipt is acknowledged by the Employee, or via Certified or Registered
mail to him at the most recent mailing address set forth in the City's
personnel records.
9. Miscellaneous:
A. The City’s Personnel Rules and Regulations as they now exist or
as they may be later modified by the City shall apply to Employee
except:
1. When inconsistent with this Agreement or the City Charter.
2. Section 15 (Disciplinary Action/Termination) and 16
(Grievance Procedure), shall not apply to Employee.
B. The Employee shall move into the City within 1 year of beginning
employment as City Manager, or within such time as the City Charter
and City Commission may otherwise allow. At such time that Employee
establishes residence within the city, the City shall disburse to Employee
for: $4,000.00 for reasonable packing, moving, insurance, unpacking,
installation of Employee’s household effects at a new residence in the
City, meals while household effects are being moved, utility connection
charges, and any other household expenses reasonably necessitated by
his relocation; and $6,000.00 toward closing costs on a residence located
within the City of Ocoee.
C. This Agreement shall be interpreted, construed and governed
according to the laws of the State of Florida. In the event of litigation to
enforce this Agreement, the prevailing party shall be entitled reasonable
attorney's fees and costs, including for any appeals, in addition to any other
relief to which the prevailing party is entitled in accordance with applicable
law.
D. No amendment or variation of the terms and conditions of this
Agreement shall be valid unless in writing and signed by the parties.
Page 11 of 12
E. The Employee's rights and obligations under this Agreement are
personal and are not assignable; provided, however, in the event of
Employee's death any accumulated but unused benefits to which an
Employee's heirs and executors are entitled under the City Personnel Rules
and Regulations shall inure to the benefits of Employee's heirs and
executors to the same extent as all other City Employees. Severance
payments under Paragraph 7B.(2) shall not be applicable in the event of the
Employee's death.
F. The invalidity or unenforceability of any particular provision of this
Agreement shall not affect the other provisions hereof, and this Agreement
shall be construed in all respects as if such invalid or unenforceable
provisions were omitted.
G. This Agreement supersedes any and all other understandings or
agreements, whether written or oral, and constitutes the complete and full
agreement between the parties, and may be modified only by the written
agreement of Employee and the City Commission.
IN WITNESS WHEREOF, CITY and Craig Shadrix have executed this Contract to become
effective on July 1, 2024.
ATTEST:
Witness
APPROVED:
BY:________________________________
PRINT NAME:_______________________
TITLE: _____________________________
(SEAL)
Page 12 of 12
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LEGALITY this _____ day of
__________________, 2024.
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
_______________ UNDER AGENDA ITEM
No. ___.
FISHBACK DOMINICK
BY:
Richard S. Geller, Esquire
City Attorney