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HomeMy WebLinkAbout02-03-04 Minutes SS *MINUTES OF THE OCOEE CITY COMMISSION SPECIAL SESSION HELD FEBRUARY 3, 2004 CALL TO ORDER aJ ~ : ~o r IV~ Mayor Vandergrift called the Special Session to order, and announced Commissioner Howell called this meeting for the purpose of discussing the City Manager's contract. He asked the City Attorney to brief this Commission on the provisions of the City Charter and the current contract with the City Manager. City Attorney Rosenthal summarized the City's employment agreement with Mr. Gleason, stating it had, by its terms, just extended automatically for an additional one-year period to April 18, 2005. The contract provides, in a provision in paragraph 7, for procedures regarding termination by the City, which is all subject to the provisions of Section C-22 of the Charter. It provides that the employment agreement may be terminated subject to the Charter provisions at the will and pleasure of the City Commission. It addresses provisions under which the City Manager, if terminated, would, and would not, receive essentially severance pay and other benefits. There is a detailed provision dealing with if the City Manager is involuntarily terminated by a majority vote of the City Commission then basically providing for a three-month severance pay package, health insurance benefits, and a number of other comparable provisions. A voluntary resignation by the City Manager in lieu of termination is considered an involuntary termination under the contract for purposes of those provisions and would entitle to severance pay. Termination does not require cause, so the employment agreement does not address cause or no cause, with or without cause in any way. It then provides for a limited number of circumstances under which, if the City Manager were terminated, there would or would not be an obligation to provide the three months severance pay package. The circumstances under which the City Manager would not be entitled to a severance package would be dishonesty with respect to business and operation of the City, violation of City drug policy, 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 Commission, conviction or pleading of nolo contendre to a felony or a crime involving moral turpitude, or causing the City to be found in violation of law through gross neglect or willful or intentional conduct by the employee. As indicated at the beginning, all of these provisions are subject to the procedures set forth in Article IV Section C-22 of the Charter, which essentially provides a two-step process in certain due process protections to a City Manager. The first step of any process would require an affirmative vote by a majority of all members of the City Commission, which would be three votes without regard to the number of persons present, adopting a preliminary resolution stating the City Commission's intention to terminate the employment of the City Manager, and such preliminary resolution could address suspension of the City Manager from duty for a period of time not to exceed 45 days. The resolution does not have to include suspension. If it does include suspension the Charter provides that the City Manager would continue to receive his salary during the period of suspension. If a preliminary resolution is adopted, that would be a resolution that would need to be reduced to writing, delivered to the City Manager, and the City Manager then would have five days from receipt of the resolution to provide a written reply and/or a written request for a public hearing. If there is a written request for a public hearing then a regular or special meeting of Ocoee City Commission Special Session to Discuss City Manager Contract February 3, 2004 the City Commission would need to be held no earlier than 15 days and no later than 30 days after the City Manager's request for a hearing is filed. At that hearing, or if the five days pass without a request for a hearing, the City Commission could then by a majority vote of all the members, again a minimum of three votes, adopt a final resolution, or not adopt a final resolution, terminating the employment of the City Manager which may be made effective immediately upon adoption. That would be a decision of the City Commission as to the date or time of any effectiveness of such a final resolution. ROLL CALL Mayor Vandergrift realized he had omitted the roll call and asked the City Clerk to call the roll at this time. PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson and Parker. Also present were City Attorney Rosenthal and City Clerk Grafton. City Manager Gleason was seated in the audience, as were other staff members and a large gathering of citizens. Mayor Vandergrift said one of the issues to be decided was whether to take citizen input at this meeting and said he would ask for that decision to be made after Commissioner Howell made his statement. Commissioner Howell said he asked for this special session because of personal differences between the City Manager and himself on certain things that have been said and done that they disagree on. He said he thought Mr. Gleason could be a good city manager but he no longer had the trust in him that he used to have. He said he forgets to stop talking when he should and puts his foot in his mouth sometimes. He said that, instead of terminating the City Manager, he would like to ask for his resignation, with the provision that he would receive his severance pay and his benefits. City Manager Gleason said he does not intend to resign, as he has not done anything wrong, that he thought that they've done an excellent job and the City is moving in the right direction. He said there has been false and misleading information relayed to Commissioner Howell, but that he chose to not use this forum to defend himself and get involved in any discussions. He said if this Commission decided to move forward with termination, he would request a public hearing at a later date. Commissioner Howell. seconded bv Commissioner Anderson. moved to adoot a oreliminarv resolution statim! the intention of the City Commission to terminate the emolovment of the Citv ManaQer oursuant to the orovisions of his emolovment aQreement and Article IV of the Citv Charter and to susoend the City ManaQer from dutv for a oeriod not to exceed 45 davs. and that the City Clerk be directed to reduce the resolution to writinQ and deliver a coov of the resolution to the Citv ManaQer. and in connection therewith. advise the City ManaQer of his 2 Ocoee City Commission Special Session to Discuss City Manager Contract February 3, 2004 ri2:ht to orovide a written reolv and/or request a oublic hearin2:. Motion carried 3-2 with Commissioners Johnson and Parker voting no. This vote was taken after the comments noted below. Mayor Vandergrift proposed that, since a public hearing will be held at a later date, the City Commission should make statements and then call for a vote Commissioner Parker read her comments in support of City Manager Gleason. Commissioner Anderson had no comments. Commissioner Howell had no further comments. Commissioner Johnson said he did not intend to argue, but he was disturbed that this always happens during election and people spread rumors. Mayor Vandergrift shared some e-mail messages that led to his decision and then gave his evaluation of City Manager Gleason from a prepared paper. During his speech several people interrupted and were asked to leave the meeting. City Attorney Rosenthal pointed out the need to appoint an acting City Manager. Mavor Vanderl!rift. seconded bv Commissioner Howell. moved to aoooint Finance Director Horton to serve as actin2: Citv Mana2:er. Motion carried 5-0. ADJOURN The meeting adjourned at 7: 26 p.m. Attest: APPROVED: City of Ocoee \ . '5 L:,)tC 1/ ' \: - }(r ,,--- ,,---;I ~~~, / --...........S. Scott Vandergrift, Mayor ~ ~ * Attached hereto is a transcript of the proceedings. 3