HomeMy WebLinkAboutResolution 2004-04a
Resolution No. 2004-04a
A PRELIMINARY RESOLUTION OF THE CITY OF
OCOEE, FLORIDA, STATING THE INTENTION OF THE
CITY COMMISSION TO TERMINATE THE CITY
MANAGER AND THE CITY MANAGER'S EMPLOYMENT
CONTRACT; SUSPENDING THE CITY MANAGER FOR UP
TO 45 DAYS; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City and Jim Gleason ("City Manager") have entered into an
Employment Agreement dated as of May 1, 2001, as amended October 16, 2002 (the
"Employment Agreement"); and
WHEREAS, Section 7B(1) of the Employment Agreement provides that the City
Manager and the Employment Agreement may be terminated at any time at the will and pleasure
of the City Commission, subject to the procedures set forth in Article IV, ~C-22 of the City
Charter; and
WHEREAS, the procedures set forth in Article IV, ~C-22 of the City Charter
require that prior to the adoption of a final resolution terminating the employment of the City
Manager that the City Commission must first adopt a preliminary resolution stating the intention
of the City Commission to terminate the employment of the City Manager and provide notice
thereof to the City Manager; and
WHEREAS, the City Commission desires to commence the appropriate
procedures under the City Charter and the Employment Agreement in order to terminate the
employment of the City Manager.
006.324100.1
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 of Ocoee has
the authority to adopt this Preliminary Resolution pursuant to Article VIII of the Constitution of
the State of Florida, Chapter 166, Florida Statutes, and Article IV, Section C-22 of the Charter of
the City of Ocoee.
SECTION 2.
Intention to Terminate. Pursuant to the terms of the
Employment Agreement and Article IV, ~C-22 of the City Charter, the City Commission hereby
states its intention to terminate the employment of the City Manager and to terminate the
Employment Agreement.
SECTION 3.
Suspension. Pursuant to Article IV, ~C-22 of the City
Charter, the City Commission hereby suspends the City Manager for a period of time not to
exceed 45 days.
SECTION 4.
Notice. The City Commission hereby directs that the City
Clerk deliver a copy of this Preliminary Resolution to the City Manager.
SECTION 5. Adoption. This Preliminary Resolution has been adopted
by the affirmative vote of a majority of all of the members of the City Commission with Mayor
Vandergrift, Commissioner Howell and Commissioner Anderson voting in favor of the
Preliminary Resolution and Commissioner Johnson and Commissioner Parker voting against the
Preliminary Resolution.
SECTION 6.
Severability. If any section, subsection, sentence, clause,
phrase or portion of this Preliminary Resolution is for any reason held invalid or unconstitutional
006.324100.1
-2-
by any court 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 7.
Effective Date. This Preliminary Resolution shall become
effective immediately upon passage and adoption.
PASSED AND ADOPTED this 3rd day of February, 2004.
APPROVED:
CITY OF OCOE:20RIDA
ATTEST:
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A SPECIAL
MEETING HELD ON FEBRUARY 3,
2004.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this 3rd day of February, 2004.
FOLEY & LARDNER
By:if~r~
City Attorney
006.324100.1
-3-