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MINUTES OF THE OCOEE CITY COMMISSION WORK SESSION
HELD APRIL 15, 1997
Mayor Vandergrift called the Work Session to order at 6:18 p.m. in the Commission Chambers.
The roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Howell and Parker. Also
present were Labor Attorney Reynolds Allen, Personnel Director Psaledakis and
City Deputy Clerk Green.
ABSENT: None.
Discussion Re: Employment Agreement with Jeffrey Broughton
Attorney Reynolds Allen referred to a copy of an August 14 letter sent to Personnel Director
Psaledakis and a Draft Employment Agreement. He stated this was the result of Mr. Broughton's
completing the process that was started at the previous meeting. It was the proposal with
Mr. Broughton's additions and deletions, which were highlighted. Mr. Allen hyphenated out
what Mr. Broughton wanted deleted and underlined what he wanted added. Mr. Allen made a
few minor additions that were in all capital letters. He had spoken with Mr. Broughton that day
and had not done any bargaining but had given him the opportunity to make changes. He said
Mr. Broughton asked about the provision that the Mayor or his designee would be the person to
coordinate any leave time. He felt that was unusual and was too much involvement in something
that seemed to be minor. Mr. Allen explained to him the reasoning, and he understood. He
asked if it were Mr. Broughton's final position, and he said to tell them it was what he wanted;
however, if it was not what the Commission wanted to do, they should put down what they
wanted to do, change it any way they wanted, give it to him, and let him respond. He said he
could give an answer within one week.
Mayor Vandergrift stated he received a call from a reporter in Henderson, Kentucky, where
Mr. Broughton was negotiating for the position of City Manager. He stated their negotiations
were at least a week away from completion, and she wanted to know where the City was in its
negotiations. That call prompted him to call Mr. Allen to see if the process could be finished at
this meeting.
Regarding the term (page 2 of the letter) there was a tentative agreement for a two-year contract
subject to severance provisions, the right to terminate at will with a provision for no severance at
the end of the two-year contract Mr. Broughton wanted at least six months' notice in lieu of
severance pay if the contract were not going to be renewed.
Commissioners Parker and Glass stated they had no problem with that provlSlon;
Commissioners Anderson and Howell stated they did.
Mr. Broughton wanted his performance review done by the Commission, not by a committee
appointed by the Commission. Mr. Broughton suggested striking the language involving
identification of area of concern/expectation. In the past, each Commissioner had done an
evaluation of the City Manager and then discussed it with him as individuals.
Mr. Allen advised that page 2, Paragraph 3A, second line should read "biweekly" instead of
"bimonthly,"
Commissioner Anderson was concerned about the need to notify regarding nonrenewal of the
contract. Lack of notification within 180 days would result in an automatic one-year renewal.
He suggested a two-year contract without an automatic renewal. Mayor Vandergrift advised
that there was a six-month clause in the contract with Mr. Shapiro. Consensus was to include the
six-month clause.
Proposed Contract:
Section 3. Compensation and Benefits.
Section 3. A. Correct wording from "bimonthly" to "biweekly".
Section 3. B: Job performance evaluation by Commission and not by a committee. The
performance evaluation is to be completed within 90 days ofthe employee's anniversary date.
Section 3. C: Mr. Allen advised he had added "increases" instead of "changes." Personnel
Director Psaledakis said she understood Mr. Broughton's Paragraph C to mean that there was
going to be an assumption that there would be an increase in the base salary. Mr. Allen stated he
did not believe the pay could be cut under Mr. Broughton's proposal or with the word
"increases." Ms. Psaledakis advised there were salary reductions mid-year 1993 due to budget
considerations and asked if the language as proposed would prohibit a cut in the City Manager's
salary. Mr. Allen recommended this paragraph be left as changed by him. Consensus was to
leave 3.C as written with the word "increases employee salary."
Section 4. Fringe Benefits
Section 4. A. (2).
Mr. Allen had added this paragraph, but Mr. Broughton had lined through it. Ms. Psaledakis
explained how Mr. Broughton's earned hours would accumulate so that he would reach the 360
hours personal leave earlier than the other employees. Mr. Allen said he understood Mr.
Broughton would be over the bank at the end of the second year. New employees cannot take
earned personal leave for the first six months of employment. Mr. Allen pointed out that Mr.
Broughton would not be "probationary" the first 6 months since he would be probationary the
length of his employment. He felt that advancing Mr. Broughton 22 days up front would be a
concession on the part of the Commission. He did not see any justification from an employee
morale point of view or any other point of view to do what Mr. Broughton was asking.
Commissioners Parker, Howell, and Anderson were in favor of giving 22 days up front but not
allowing any accrual in the first year. Commissioner Glass stated he would give him 10 days
and would not give him 22 days. Consensus was to give 22 days up front.
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OCOEE CITY COMMISSION WORK SESSION
HELD APRIL 15, 1997
Commissioner Howell asked how long the Commission intended to negotiate the contract with
Mr. Broughton. He felt Mr. Broughton was continuing the discussions in anticipation of getting
the better of two offers.
Section 4.A. (3) Consensus to leave as written.
Section 4.A. (4) Consensus to leave as written with scrivener correction. (Personally leave)
Section 4.B. (2) Consensus to change wording from three years old to four years old, vehicle to
be large enough to transport people comfortably.
Section 4. C. Scrivener corrections to delete "except (a)" and "and (b)"
Section 4. D. Dues and Subscriptions. Copies of the current dues and subscriptions were
provided by Finance Director Horton. Ms. Psaledakis said she had never seen the list spelled
out. Consensus was for language agreeing to budget and pay for no less than $1000 a year in
dues and subscriptions. Anything more than that would require a supplemental budget request.
Section 4. E. (1) (2) (3) Conventions. Consensus to leave as proposed by Mr. Allen.
Section 4. F. Deferred Compensation. Consensus to leave as corrected by Mr. Broughton, as it
conforms to current practice.
Section 6. Moving and Relocation Expenses.
Section 6. B Mr. Broughton had proposed a new B. providing $700 interim housing supplement.
Consensus to limit moving expenses to $6,000 (6.A.) and not allow $700 a month supplemental
housing allowance.
Section 6. B C. Consensus to change wording from "before February 14, 1998" to "within 12
months."
Section 8. Resignation and Termination
Section 8. B. 2. (b) Consensus to change wording to indicate the City would pay the medical
premium provided he elected COBRA benefits and that the City would pay the attributable
portion of the life insurance but could carry him.
Section 8. B. 2. (e) Consensus to change wording from three to six months.
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OCOEE CITY COMMISSION WORK SESSION
HELD APRIL 15, 1997
Section 8. B. 2. (i) Consensus to leave as written by Mr. Allen.
Section 10. Miscellaneous.
Section 10. B. Consensus to leave as written.
Section 10. 1. Consensus to delete.
Section 11. Additional Provisions.
Section 11. A. B. Consensus to add.
Commissioner Howell asked why a week was needed for Mr. Broughton to make his decision,
and Commissioner Glass advised a week was reasonable. Mr. Allen stated he would prepare a
final copy the next day and fax it to all the Commissioners.
Consensus was to make this the final offer to Mr. Broughton.
Adjournment
The meeting adjourned at 7:50 p.m.
Attest:
APPROVED
City of Ocoee
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S. Scott Vandergrift, Mayor
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