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HomeMy WebLinkAbout01-28-97 SS MINUTES OF THE OCOEE CITY COMMISSION SPECIAL SESSION PUBLIC HEARING FOR APPOINTMENT OF INTERIM CITY MANAGER AND SELECTION OF CITY MANAGER HELD JANUARY 28, 1997 Mayor Vandergrift called the Special Session for public hearing for appointment of Interim City Manager and selection of City Manager to order at 7:05 p.m. in the Community Center and announced there was no amplification in the room - the microphones were for recording. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Gleason and Johnson, City Attorney Rosenthal, Attorney W. Reynolds Allen, Personnel Director Psaledakis, City Manager Shapiro, and City Clerk Grafton. ABSENT: None. APPOINTMENT OF INTERIM CITY MANAGER Attorney Allen referred to his letter of January 15, 1997, advising that Mr. Shapiro indicated an interest in consideration for the position of City Manager. Mr. Allen spoke with him at length and subsequently drafted a document regarding possible employment as Interim City Manager. He then drafted and sent a document to each of the commissioners on January 27. He and Attorney Rosenthal had discussed the applicability of the City Personnel Rules and Regulations in Section 1 to exempted positions, one of which is the City Manager, and the rules and regulations do not apply. He said it is Attorney Rosenthal's opinion that because the position is that of an interim city manager and not an acting city manager, the Personnel Rules and Regulations do not apply. Therefore, the document, as written in Paragraph 6, does not have any reference to the Personnel Rules and Regulations. Sections 15 and 16 of the Personnel Rules and Regulations which deal with discipline and grievance procedure do not apply and do not apply to the employment of Ellis Shapiro as the interim city manager. The draft agreement is to serve at will, terminable by either party, with no rights of appeal. Mr. Rosenthal stated the Charter addresses a City Manager and an acting City Manager. He gave the description of each and said to avoid any confusion with that position in the Charter, it was his recommendation that the temporary appointment be called an Interim City Manager. The employment agreement provides that from a role and functions standpoint the Interim City Manager is performing all the functions and duties under the charter of the City Manager and has all the powers and is subject to all the policies and procedures to which the City Manager would be subject. The Personnel Rules adopted by ordinance of the City Commission expressly provide that the City Manager is an exempt position not subject to those Personnel Rules and Regulations. If that is something the City Commission wants to change, it would be need to be addressed in an ordinance amending the Personnel Rules and Regulations, which would be within the prerogative of the Commission. OCOEE CITY COMMISSION SPECIAL SESSION PUBLIC HEARING FOR APPOINTMENT OF INTERIM CITY MANAGER AND SELECTION OF CITY MANAGER JANUARY 28, 1997 Mr. Allen stated the Commission might want to add to Paragraph 6 a subparagraph E that reads: It is understood and agreed that the Personnel Rules and Regulations of the City of Ocoee, including Sections 15 and 16, shall not apply to the employee. He then asked for questions. He said he had discussed this particular issue with Mr. Shapiro. Mayor Vandergrift referred to page 2, paragraph 7 regarding the request by Mr. Shapiro that he be enrolled in the International City Manager Association ICMA Retirement Plan in lieu of the City retirement plan and that the City make an annual contribution to said ICMA Retirement Plan equal to 11 % of the earnings received by the employee from the City under this agreement. Mr. Vandergrift stated it clearly needed to say prorated instead of annual. Mr. Allen stated the contract for Mr. Shapiro due to expire states a payment of 11 % of his annual earnings would be paid. Mr. Allen changed it to 11 % of whatever he earns under this agreement. His opinion was that the language prorates it and that annual means the payment is made once a year with no stipulation as to time of year. Mayor Vandergrift referred to page 3, item 3a. He felt there should be a stipulation that Mr. Shapiro could continue to search for a job. l\Ir. Gleason indicated the job search was not made part of any other agreement. Mr. Shapiro has and has had from the Commission standing authorization to seek employment with no retribution or ill effects. Mayor Vandergrift referred to Page 4, C regarding the City Manager's cooperation with any party, person or entity having a claim against the City, its agents, officers or employees. Mr. Allen stated that meant the City would not want the City Manager to cooperate with anyone that is suing the City, unless he is subpoenaed, without the permission of the City. Mr. Rosenthal advised that this provision was not in Mr. Shapiro's contract but was in the new proposed City Manager Contract. Mayor Vandergrift stated he would like for the City Commission to be notified if there are any lawsuits pending. Mr. Allen stated in the rough draft of the provision dealing with employment duties, the City Manager is required to keep the City Commission advised of all claims of any kind. Mayor Vandergrift asked about page 5, A & B, Notification of Employee and the City. He asked if hand delivery on the job would be sufficient without a certified mailing. Mr. Allen said that probably would be fine, but he was trying to make it easy on the City by sending it to the address in the personnel file. 2 OCOEE CITY COMMISSION SPECIAL SESSION PUBLIC HEARING FOR APPOINTMENT OF INTERIM CITY MANAGER AND SELECTION OF CITY MANAGER JANUARY 28, 1997 Mayor Vandergrift spoke about the pending election with the seating of a "new" Commission. He said anything done by this Commission could be undone by the next one. Commissioner Gleason stated that is politics. Any Commission could reverse any decision from a previous Commission. Mayor Vandergrift referred to Item 4Bl: Employee shall be deeded a 1993 Ford automobile. Item 4Cl: Basis of employment. Mr. Shapiro will get a 30-day severance pay if he decides to accept this, which amounts to over $14,000 cost to the City. He did not think it was a wise expenditure of City funds. Commissioner Gleason stated he made the recommendation. He said he thought it was a minimal gesture on the part of the Commission to allow him to keep the car, which is paid for and has minimal value to the City, and one month's severance is minimal just compensation to allow him, if there is a change, to go through transition in terms of his serving the City for seven years. Commissioner Gleason made a motion to accept the Interim Citv Manager Agreement as proposed. Mr. Allen stated there should be a change in Paragraph 2C on page 3 to read B7 instead of B8; and that a paragraph 6E be added to read: It is understood and agreed that the Personnel Rules and Regulations to the City of Ocoee, including Sections 15 and 16 do not apply to employee. Commissioner Gleason. seconded bv Commissioner Anderson. moved to accept the Interim City Manag:er Agreement as modified. Motion carried 4-1. with Mavor Vandergrift voting no. Mr. Shapiro accepted the job as Interim City Manager. SELECTION OF CITY MANAGER Mayor Vandergrift opened discussion. Commissioner Anderson felt there should be investigation in both cities for the two candidates but there should be a consensus of which is the top candidate. Mr. Allen said he would not hire anyone, but would make an offer of employment, if mutual terms of agreement and employment could be reached. Discussion followed. Commissioner Anderson moved that thev travel to Oak Ridge and Fon du lac. Motion died for lack of a second. Commissioner Anderson. seconded bv Commissioner Johnson. moved to travel to the city of the number one selection before the final decision was made. Motion carried 5-0. Discussion followed regarding what the motion meant specifically. 3 OCOEE CITY COMMISSION SPECIAL SESSION PUBLIC HEARING FOR APPOINTMENT OF INTERIM CITY MANAGER AND SELECTION OF CITY MANAGER JANUARY 28, 1997 Commissioner Glass. seconded bv Commissioner Gleason. moved to reconsider the vote. Motion carried 5-0. Personnel Director Psaledakis advised in the workshop and the manual prepared by Personnel, there was a discussion about the possibility of travel and that anyone could decide to go as long as the travel was not done together. Commissioner Anderson moved that before an offer was made as a City Manager that a Commissioner or a delegation gO to that citv and bring back his or their findings. Commissioner Glass proposed that the City pay according to the Runsheimer's Scale for any of the Commissioners who wished to go to the lead candidate's city to do his own investigation within a time certain and report back. If time certain comes and someone has gone, it will be addressed again. Otherwise, the Commission moves forward. Attorney Allen said the first decision would be whether anyone candidate would get three votes to get further consideration. He said one of the two under consideration by the City is the number one choice for Palm Bay. The logical next step was to call the candidate and see if he were still interested in being considered. If the answer were yes, a date could be set to meet again and vote on whether to make him an offer. Attorney Rosenthal advised there probably should be a re-vote on the main motion to either leave it as it is, dispose of it, or amend it. There was a re-vote on the previous motion which had carried 5-0: Commissioner Anderson. seconded bv Commissioner Johnson. moved to travel to the citv of the number one selection before the final decision was made. Motion was defeated 3-2. with Commissioners Anderson and Johnson voting yes. Commissioner Anderson. seconded bv Commissioner Johnson. moved that before an offer of emolovment was made to the number one candidate that within the next ten davs a Commissioner. using the Runsheimer scale for travel expenses. should gO to the number one candidates's city and report back to the Commission before an offer of employment was established. Motion was defeated 3-2. with Commissioners Anderson and Johnson voting yes. Commissioner Glass advised his number one choice would be Jeffrey Broughton from Oak Ridge, Tennessee. Commissioner Anderson commented on both candidates, stating he had problems with each. He felt the need in the City was Mr. Shapiro. Commissioner Johnson had 4 OCOEE CITY COMMISSION SPECIAL SESSION PUBLIC HEARING FOR APPOINTMENT OF INTERIM CITY MANAGER AND SELECTION OF CITY MANAGER JANUARY 28, 1997 no comment. Commissioner Gleason stated his number one candidate was Mr. Broughton. Mayor Vandergrift stated his number one candidate was Mr. Broughton. Mr. Lance Laird, City resident, stated there was a definite possibility that four of the present Commissioners would not be on the Commission after the election, which could change things. He said he was not impressed with Mr. Broughton and thought he was arrogant. Mr. John Linebarier, City resident, spoke in favor of Mr. Shapiro. Mr. Linebarier stated he was possibly going to be a Commissioner and felt he should have a voice in the hiring process. He asked the Commission to delay hiring a City Manager until after the February 25 election. Mrs. Nancy Parker, whose term as Commissioner, District 4 begins in February, stated she had no problem with the decisions being made by the sitting Commission. Mr. Danny Howell, City resident, asked if the Commission was getting a new City Manager because they thought it was right for the City and citizens or because of their feelings toward Mr. Shapiro. Mayor Vandergrift said he believed it was the best thing for the City. Commissioner Gleason stated he liked to believe that every decision he had made was based on what he thought was in the best interest of the City, even though for every decision, there is someone on the other side. Mr. Howell asked with so many people supporting Mr. Shapiro and asking the Commission to keep him, but the Commission's going ahead with what they wanted, was it because they thought it was just a few people or only the ones who spoke up. Commissioner Gleason stated he had received many phone calls from people who did not attend the meeting who were telling him the other side. Mr. Jim Sills, 205 South Lakeshore Drive, a businessman in the City for 20 years, said he had helped with elections and thought the businessmen should not be the ones to go to the candidates' cities. The voters put their confidence in those elected when they vote, and he thought the Commission was doing a good job. Commissioner Anderson stated throughout the selection process his first choice was Mr. Shapiro. Mr. Broughton was his second choice, but he said he thought if the City was going to move to a new City Manager, Mr. Broughton would be the better of the two candidates. Commissioner Johnson stated he was speaking for the record: "I'm not running for office because I'm tired of sitting here, and people can lie, and they lie. They're politicians. Personal, it is personal. I know it's personal. They do things. You don't believe it isn't personal, folks, I can tell you things they've done to me. And if you know me, you know I didn't do those things, so 5 OCOEE CITY COMMISSION SPECIAL SESSION PUBLIC HEARING FOR APPOINTMENT OF INTERIM CITY MANAGER AND SELECTION OF CITY MANAGER JANUARY 28, 1997 it's fine. But the paper puts it in the paper, and they think it's a big deal. As I look out in this audience, there's ones of them here that Ellis Shapiro has helped. His attitude isn't always the best. I holler and scream at him; he hollers and screams at me, but I'm supposed to be "his best friend" or whatever. What I am friends of is this City, what he's done. You new people that's moved here, I look at you, and you shake your head and make these comments. You wait. You'll see what happens with this new guy. He won't be here more than two years. He won't make, 'cause all these good employees and all these other good citizens will make sure of that. All of them want to move and put the knife in the guy's back. They're real good at it here. They can sit, and you can always tell the ones that do it. They're real good at it. But you take a person that comes to this town seven years ago and didn't take a contract. He took no contract and took a small salary, and he did the job and brought us where we are. I don't understand what's wrong with people. And, Jim, if they, and I'm not arguing with you, if they want to come out, they were welcome to come to the meeting and speak up their piece and say, but you take your district with 3700 people, they didn't even bother to put but one candidate in. So that tells me something too. That's going to get changed. When the charter revision comes, they need to redo these districts and put them where they are even. And put it where it can go back to letting all the citizens of this town vote for anybody that sits up here on this table. I don't give a root's toot who likes me or who doesn't. If you want to talk to me when I get through being a Commissioner, I don't have any problem talking to anybody. Because I'm not leaving this town. For 40 years I worked before I got elected, before I put my foot and my butt in the chair, I was working in this town, not the day I got elected. All of a sudden you show up. And it is a personal attack when on a person's job, and don't say it isn't. That's why the man can't find a job. Because it is. These other two guys have been looking since May and August of last year. And if you think you're obligated to somebody for helping you get something, that isn't the way it works, and you'll find that out when you sit down up here. The reason I got elected, and people have tried their dirtiest to get me unelected, but the best thing about this town is, the citizens understand, and they will make sure they voice their opinion. And I hope at election time they will. The next time I hope the districts are re-aligned where some other people can get involved in it and make some change. But you're doing an injustice. I'm really disappointed in a couple of people up here, and I'll tell them that after I get out of office, but a couple of them I'm not because they're politicians, strictly politicians. It's a quandary what to vote in the election for our City. I'm going home. I've got enough high blood pressure and everything else, but if you think I'm leaving it and not going to be around aggravating somebody, you're sadly mistaken. And you're making a big mistake taking Ellis Shapiro out of this job, and all the employees can turn their heads and make their little comments, and you'll find that out. But go back seven years and look at what's been done in the salaries and the jobs in this City. But loyalty doesn't mean anything to anybody, and that's what this new guy's going to find out too. But other people moving on up, folks, and you 6 OCOEE CITY COMMISSION SPECIAL SESSION PUBLIC HEARING FOR APPOINTMENT OF INTERIM CITY MANAGER AND SELECTION OF CITY MANAGER JANUARY 28, 1997 keep an eye on what happens here in the next few years. Certain people are not going to be here. They're going to move on up." Attorney Allen stated the decision needed to be made whether to proceed with the process with Mr. Broughton. Mayor Vandergrift said Mr. Broughton had not been designated; only a consensus had been listened to, and he needed to be designated formally. Attorney Allen stated three people had stated he was their first choice. Commissioner Gleason, seconded by Commissioner Glass. moved to proceed to the next stage, that is. contact with Mr. Broughton to initiate negotiation for his offer of being City Manager. Motion carried 3-2. with Commissioners Anderson and Johnson voting no.. Attorney Allen stated if Mr. Broughton is still interested, he would tell him the City is prepared to discuss whether an agreement can be reached. Commissioner Johnson suggested a recess be taken to call Mr. Broughton to see ifhe were still a candidate. Commissioner Johnson left the table at 8:29 p.m. RECESS 8:35 P.M. TO 8:45 P.M. Mayor Vandergrift reported speaking to Mr. Broughton, who said he would be pleased to enter into negotiations with the City and is not currently considering employment with another city. DISCUSSION/ACTION RE: CITY MANAGER CONTRACT NEGOTIATIONS Attorney Allen stated he distributed a draft document at the last meeting. He felt the need was to deal with concepts. He would then draft something in relationship to the concepts and make it very clear to Mr. Broughton that the discussions were tentative and that he had no authority to bind the Commission. Commissioner Anderson asked how much and how long. Mayor Vandergrift stated he believed there was a consensus for a one-year contract. Attorney Allen asked if it was a one-year contract with an automatic renewal clause or just one year and termination. Commissioner Anderson asked if the new City Manager had to abide by the same probationary period all the employees had. Attorney Allen stated the concept was employing someone for a set period of time and paying him a certain salary. The question then became if they wanted the City Manager to be subject to the Personnel Rules and Regulations except those that deal with discipline, termination, etc. If so, all they would have to do is by ordinance amend the ordinance, Section 1, so that it says, the Personnel Rules except the following shall apply to the City Manager, which is very simple. The consensus was yes. 7 OCOEE CITY COMMISSION SPECIAL SESSION PUBLIC HEARING FOR APPOINTMENT OF INTERIM CITY MANAGER AND SELECTION OF CITY MANAGER JANUARY 28, 1997 Attorney Allen stated one option was a contract for an extended period of time with the right of the Commission to terminate it at any time and pay a certain amount of severance pay but not have to provide justification except to the extent the City Charter might require them to provide a reason - not just cause. Conceptually, enter into a one-year contract with an automatic renewal unless one party notified the other within a certain period of time. The way it was written regarding renewal, the contract would terminate at the end of the time. He stated among City Managers and their association, a one-year contract is not looked upon with much favor. He said his judgment was that the Commission would want to be able to terminate the agreement at any time for any legal reason. For a person to take the job, he would have to be provided with either job security, that is, no termination except for just cause with a statement of the cause(s), or the Commission would have to say termination could be at will, but there would be payment of a certain amount of money in lieu of notice. He asked how much in severance the Commission would be willing to pay if the contract were "at will." He explained what a contract providing for "just cause" termination meant in terms of the City and the City Manager and referred to the no cut contract with Mr. Shapiro. He recommended it not be that kind of contract. His recommendation was that the contract be at will with a severance pay provision of as little as possible. Commissioner Gleason suggested starting at an offer of three months severance pay and going to six months. Commissioner Anderson suggested 30 days severance pay. Attorney Allen asked if there would be a provision in which the City Manager would waive his right to severance pay, i.e., violation of the drug policy (page 8, paragraph 3, Employment Agreement). There was a consensus for keeping all items listed under paragraph 3. Attorney Rosenthal asked about the term "at will," if that meant in lieu of a specified term. Attorney Allen responded he probably would make it one year, unless terminated earlier by either party. He stated the City Charter would be followed regarding a hearing. Employment Agreement Section 1.D., regarding overactive involvement of Commissioners in the day-to-day management of the City. Attorney Allen asked ifthe Commission wanted to leave it. The consensus was yes. Section 3.B. regarding review and evaluation of job performance was discussed. Mayor Vandergrift said Mr. Shapiro's contract stated that six months prior to the end of the contract, he or the City could enter into negotiations as to whether to extend the contract. Attorney Allen stated he felt a job performance review should be done at least 90 days prior to the end of the contract regardless of whether the City Manager is to be retained. If the City does not want to negotiate, the contract would expire. He said he would insert into the Employment Agreement 8 OCOEE CITY COMMISSION SPECIAL SESSION PUBLIC HEARING FOR APPOINTMENT OF INTERIM CITY MANAGER AND SELECTION OF CITY MANAGER JANUARY 28, 1997 that there would be not less than an annual review consistent with past practice, i.e., each elected official would do an evaluation and discuss it with the City Manager. Section 3.C. Attorney Allen stated ifthere is only a one-year contract this item was superfluous. Commissioner Gleason asked about length of contract and amount of severance. Discussion followed. Attorney Rosenthal asked for clarification in regard to severance and its applicability to renewal or nonrenewal of the contract. Commissioner Gleason had reservations about a 12- month contract in that it could convey a message that there was no commitment to the candidate by the City. Commissioner Johnson left the meeting at 9:16 p.m. Attorney Allen proposed a contract longer than 12 months, up to 24 months, with a salary range of $75,000 to $85,000 with a right to terminate with up to six months severance pay. Attorney Allen said he wanted the record to reflect: "You're not making individual decisions on each one of these items; you're making suggestions, and you may change your mind when you look at the whole picture, so I don't want you to feel like, or anybody to feel like, we made a commitment. We're going to do this on this point, this on this point, this on this point, we're going to talk about all these things, and then you are going to look at the whole picture and decide whether you like the whole picture." Commissioner Anderson recommended starting with the minimum on everything. Because of public record, Mr. Broughton would know the maximum on the parameters. Mayor Vandergrift stated they were not going to do any motions but were just giving parameters. Section 4. Fringe Benefits. Fringe benefits would be the same except for pension. Attorney Rosenthal asked about longevity pay. There no longer is longevity pay, but the new employee committee is working on a modest program. The City Manager would be subject to whatever that was. Attorney Allen stated longevity would be discussed at the same time as annual salary. He stated the document states that if the City Manager were paid $75,000 and is given a job performance evaluation and rate three or better on a scale of five, he would get at least the same wage increase as the average of all the department heads. He asked if that was okay. The answer was no. Mayor Vandergrift wanted the Commission to have control of the City Manager's wage Increase. 9 OCOEE CITY COMMISSION SPECIAL SESSION PUBLIC HEARING FOR APPOINTMENT OF INTERIM CITY MANAGER AND SELECTION OF CITY MANAGER JANUARY 28, 1997 Section 4.C. regarding used of an automobile, which is usually standard in contracts, was questioned by Attorney Allen. Discussion followed. Use would be within 50 miles of the city with no non-employee drivers except in the case of an emergency. Section 4.D., regarding 4.D. regarding a beeper and fixed line telephone, fax and computer was discussed. Left as written. Section 4.E., regarding annual dues and subscriptions was discussed. Left as written. Section 4.F.. Conventions a change would be from "approval by the Mayor" to "approval by the Mayor or his designee." Section 4.G.. Disabilitv and Life Insurance. Consensus was that this would be the same as for any other employee. Section 4.H.. Deferred Compensation. This would be the same as for other employees but would be no more than what is allowed by the IRS. Personnel Director Psaledakis asked about buyout of personal leave, which she had raised with the Commission previously. The question was whether it would have to go before the entire Commission for approval or if one member of the Commission would give approval. The policy is that the buyout cannot exceed 80 hours in a 12-month period. This policy is affecting the budget because the gross salaries exceed budget projections. Mayor Vandergrift discussed an insurance policy for sick leave. Commissioner Glass said he did not believe this discussion was appropriate for this meeting. He stated if the new City Manager was to be subject to the Rules and Regulations that was something that would have to be discussed and addressed later. Discussion followed regarding vacation. The City Manager would be subject to the personnel policy. Section 5. Extent of Services and Hours of Work. A. Left as written. Section 5. Extent of Services and Hours of Work. B. Left as written. Section 6. Moving Expenses. A. Attorney Rosenthal suggested having the candidate get a proposal on moving expenses and submit it. Discussion followed. Attorney Allen would tell candidate to get a proposal. 10 OCOEE CITY COMMISSION SPECIAL SESSION PUBLIC HEARING FOR APPOINTMENT OF INTERIM CITY MANAGER AND SELECTION OF CITY MANAGER JANUARY 28, 1997 Section 6. Moving Expenses. B. Left as written. Attorney Allen asked when the Commission would like for the candidate to be in Ocoee. Mayor Vandergrift said the requirements of the candidate should be presented at the next Commission Meeting. Attorney Allen stated his actions would depend on the answers given by Mr. Broughton. Commissioner Gleason said he asked Mr. Broughton about availability, and he said if he were the candidate, he could be in Ocoee by the second meeting in February. He asked if it became necessary for Mr. Broughton to come to Ocoee and talk to him if the City would pay roundtrip expenses. Suggestion was made to fly him here, and if a meeting were necessary while he was in Ocoee, it could be called within 24 hours. Section 7. Indemnification and Cooperation. Left as written. Section 8. Resignation and Termination. A.1. There would be no severance pay if the City Manager gives notice. Section 8. Resignation and Termination. B.1. Parameter is six-months severance pay. Section 10. Miscellaneous. B. Restricted to time off. Section 10. Miscellaneous. C. Discussion followed. Section 10. Miscellaneous. D-H. Left as written. Mayor Vandergrift talked about Attorney Allen's communicating with each commissioner at home via fax. In the case of Commissioner Johnson, he would be notified upon receipt at City Hall. Each commissioner gave his fax number to Attorney Allen. :Mayor Vandergrift thanked everyone for coming. MEETING ADJOURNED AT 10:13 P.M. Attest: APPROVED City of Ocoee / " -} '-', 1/,' Iit- -~.),)-<.tt ~,~~~~/_ 'P S. Scott Vandergrift, Mayor 11