HomeMy WebLinkAboutResolution 2004-04b
Resolution No. 2004-04b
A FINAL RESOLUTION OF THE CITY OF OCOEE,
FLORIDA, TO TERMINATE THE CITY MANAGER AND
THE CITY MANAGER'S EMPLOYMENT CONTRACT;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on February 3, 2004, the City Commission of the City of Ocoee
adopted a preliminary resolution stating the intention of the City Commission to terminate the City
Manager, Jim Gleason ("City Manager") and the City Manager's Employment Agreement dated as
of May 1, 2001, as amended October 16,2002 (the "Employment Agreement"), in accordance with
Section 7B(1) of the Employment Agreement and the procedures set forth in Article N, Sec. C-22
ofthe City Charter;
WHEREAS, the preliminary resolution suspended the City Manager for a period of
time not to exceed 45 days pursuant to Article N, Sec. C-22(A) ofthe City Charter;
WHEREAS, on February 9, 2004, the City Manager provided the City Commission
with a written request for a public hearing pursuant to Article N, Sec. C-22(B) ofthe City Charter;
WHEREAS, on February 17, 2004, the City Commission scheduled a public
hearing to be held at a special meeting of the City Commission on March 4, 2004 to consider the
adoption of a final resolution to terminate the City Manager;
WHEREAS, the City Manager was afforded notice of the above-referenced actions
ofthe City Commission in accordance with the requirements ofthe City Charter;
WHEREAS, having conducted the March 4, 2004 public hearing, the City
Commission desires to terminate the City Manager's employment;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1.
Authoritv, The City Commission of the City ofOcoee has
the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of
Florida and Chapter 166, Florida Statutes.
SECTION 2.
Decision to Terminate. Pursuant to paragraph 7B(2) of
the Employment Agreement and Article N, Sec. C-22 of the City Charter, the City Commission
hereby terminates the City Manager's employment and the City Manager's Employment
Agreement.
SECTION 3.
Severance Pay.
Pursuant to paragraph 7B(2) of the
Employment Agreement, the City Commission hereby authorizes severance payments
representing three (3) month's base salary to be made to the City Manager on the normal payroll
cycle, subject to the conditions set forth in subparagraph 7B(2) (a)-(j) of the Employment
Agreement, including the City Manager's execution of a release of all claims. The City
Commission hereby directs that Special Counsel Susan McKenna, Esq., promptly prepare and
forward to the City Manager, through his attorney, a release of all claims.
SECTION 4. Termination Details. The City Commission hereby
d' h ~c;f~'r:1c, M ' I' . h S . 1 C lb'
uects t e linm Ity anager, III consu tatlOn WIt pecIa ounse as may e appropnate, to
take or authorize the taking of all administrative and other actions as may be necessary to effect
the City Manager's termination from employment.
SECTION 5.
Severability. If any section, subsection, sentence, clause,
phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court
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of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto,
SECTION 6.
Effective Date. This Resolution shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this ~day of March, 2004.
APPROVED:
CITY OF OCOEE, ELORIDA
(SEAL) ,
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APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO. :rr:
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPiVED AS Jfl'MRM AND orALITY
this day of cI.-, 20 ,
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By:
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