II. Discussion Re: Employment Agreement With Jeffrey Broughton u5�14��1 15:47 Ta:Ms. Peggy Psaladakis Frae:Jayce Wagener (8133 253-2006 Page 2/7
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RELY TO Tarroa
April 14. 1997
PERSONAL& CONFIDENTIAL
ATTORNEY-CLIENT PRIVILEGE
Via Facsimile
Ms. Peggy Psaladakis
Director Personnel&Risk Management
City of Ocoee 150 North Lake Shore Drive
Ocoee, Florida 32761 •
Dear Peggy: -
Enclosed please find the following attachments:
Attachment A. Jeffs fax of Saturday responding to my fax of Thursday,
•
Attachment B. The draft Employment Agreement which we propose by combining our faxed
proposal of April 10. 1997 with Jeffs suggested inserts and deletions of.April 12.
1997.
In Attachment B.Jeff's suggested deletions are indicated by line through of the language included
in the City's last proposal. Jeffs suggested additions are underlined. For complete paragraphs or
subparazaphs where there is a difference.the City's last proposal is on the left and Jeff's is on the right.
Additions by me are in ALL CAPS. I have also lined through a few items from Jeffs suggestions.
I summarized the differences for you the paragraphitopic number, an Explanation and my
comments as follows:
14101
1?4l14i.S7 15:47 Te:Ms. Peggy Psaladakis F^om:Joyce Wegener (E13. 253-2006 Page 3i7•
•
•ti
Ms. Peggy Psaladakis
April 14. 1997
Page 2
2.TERM
Explanation:
Jeff proposes that in order for the Agreement not to automatically renew,that either he or
the City have to give a minimum of 180 days notice prior to May 4. 1999 or any renewal')ear of
the Agreement.
WRA comments: •
The City proposed 90 days. Of course. the important issue is to recognize that if the
Agreement is automatically renewed as it is currently written.the six(6)months severance would
also go with the renewal. Of course,this can be modified now or during negotiations of any
renewal. The important point to remember that whatever the notice period is.the City needs to
give notice and then renegotiate the Agreement unless it is absolutely sure it wants the Agreement
to continue unchanged.including the severance provision.
3. Compensation& Benefits
B. (Job performance evaluation)
Explanation:
Jeff wants his performance reviewed by the City Commission not by a committee
appointed by the Commission. Jeff suggested striking the language involving identification of
areas of concern and expectation.
WRA.comments:
I have no problem with Jeffs suggestions,unless the Commission does.
C. (Salary review)
Explanation:
There appears to be substantial agreement. I don't understand the problem Jeff has with
the City's language, particularly since benefits are the same for the City Manager as for other
employees unless this Agreement provides otherwise. It may be that our language deals with
"changes"in the employee salary,while Jeffs deals with"increases"in salary and benefits. The
difference is under Jeff's proposal the City Commission probably could not decrease salary;
•
•
HOGG,ALLEN,NORTON&BLUE
14101 PROrESaO.':SSOGA71cN
, U4/i4/ i 10:4"i Io:Ms. Peggy Psaladakis Frcm:Joyce Wegener (8i i 2:3-2386 ?age 4i7
Ms. Pegg-Psaladakis
April 14, 1997
Page 3
•
during the two (2) year term on arty automatic renewal year, however, the City could simply
reopen negotiations on any renewal year if that were a problem.
WRA comments:
See Attachment B.
4. A.2&4-(Personal leave days)
Explanation:
Jeff still apparently proposes to be credited (not advanced)with 22 days of PL and in
addition earn PL during the first year on the same basis as department heads. Jeff's deletes the
City's proposal to deduct PL advanced but not earned from severance in the event of ie ruination
in circumstances where severance is due under paragraph 3.
WRA comments:
This appears to be a major issue and is a decision only the Commission can make.
4.A.3. (Administrative leave during first year)
Explanation: •
Jeifstill prefers to have the Agreement allow him up to five(5)days to move his family
and household be set forth in the Agreement rather than have it be"informal".
• WRA comments:
I have no problem with Jeffs suggestion. unless the Commission does.
4.B.2. (Car allowance)
Explanation:
Jeff wants the car not to be more than 4 years old instead of 3 years old.
WRA comments:
I have no problem with Jeffs suggestion, unless the Commission does.
•
HOGG,A.LLEN,NORTON&BLUE
14101 rROFE_SSCNAL ASSOCIATION
J4/14/ 7 15:47 To:Ms. Peggy Psalaoakis "r•res:.iovice Wegener Lei:J Zo3-ZUUb Page 5/7
•r
Ms. Peggy Psaladak.is
April 14. 1997
Page 4
4.D. Dues& Subscriptions
Explanation:
Jeff still proposes not to list dues and subscriptions but essentially appears to leave himself
broad discretion in this area.
WRA comments:
I don't see what the problem is with the proposal the City has made,however. I believe
Jeff just sees it as being to restrictive. I have added two organizations and their publications to
the City's proposal that Jeff appears to be particularly interested in and maybe that resolve the
issue. Of course, under the language the City has proposed,Jeff could be involved with others
subject to the approval of the City Commission.
4.E. Conventions
Explanation:
Two orgarizations and their annual conferences are listed, but then it appears pretty much
up to Jeff's discretion as to which ones he will attend subject of course, to operational needs here
at the City.
WRA comments:
The basis difference again is one of approach. If you will look at Jeff's proposal you will
see that I have inserted some language in all caps and deleted certain language to make it more
consistent with the position that I have taken in behalf of the City with regard to subparagraph D.
Dues and Subscriptions.
HOGG,ALLEN,NORTON&BLUE
14101 Or-lES ce.ASSCC::,SON
04/14/97 15:47 To:Ms. Peggy Psalacakis F^oia:Joyce Wegener (8133 253-2006 Page 5/7
GIs. Peggy Psaladakis
April 14. 1997
Page 5
4.F. Deferred Compensation.
Explanation:
Apparently the only real issue is when the payments are to be make. Jeff wants them to
be made each pay period.
WRA comments:
This is really a management decision. I have hyphenated through Jeffs suggestions with
regard to time for payments, which I understand are made annually. How often payments are
made is really up to the Commission as far as what we ultimately tell Jeff
6.B. (Interim subsistence)
Explanation:
Jeff still wants S700.00 per month for interim housing up to 4 months.
WRA comments:
" This decision is entirely up to the Commission.
8.B.2.(e) (Medical insurance during severance)
•
Explanation:
• Jeffhas simply changed the maximum to 6 months which is consistent with the severance
arrangement.
WRA comments:
I have no problem with Jeffs proposal as rewritten by me in Attachment B. as long as this
is alright with the Commission.
HOGG,ALLEN,NORTON&BLUE
14101 ?PORE»101'1AL YSsoc;AnGN
, edgy rsaisaakis rroc:!ovice Wegener [LEI 253-2005 Page 7/7
Ms. Peru Psaladakis
April 14. 1997
Page 6
•
8.B.2.(i) (Strong Mayor for Government)
Explanation:
Jeff had some minor changes and I have incorporated a few minor additional
COMMENTS to make it clear.
WRA comments:
I have no problem with Jeff's proposal as rewritten by me in Attachment B. as long as it
is alright with the Commission.
10. :Miscellaneous.
Explanation:
See Attachment B.
WRA comments:
In accordance with Jeffs suggestions. I have deleted subparagraph A.4. —which I believe
is unnecessary—and paragraph C with respect to Jeff s personal secretary.
I still need to hear from you concerning the Personnel Rules and Regulations unless we want to
delete that subparagraph under 10.A
Sincerely,
W. Reynolds Allen
\VRAjw
Enclosures
cc: Paul Rosenthal. Esquire
HOGG,ALLEN,'VORTON&BLUE
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(aT lAckmws "ir DRAFT
EMPLOYMENT AGREEMENT
This Employment Agreement (".dement") is made between the City of Ocoee (hereinafter •
retorted to as the'`City"), a municipal organization organized and existing under the laws of the State of
Florida.with its office located at City Hall. Ocoee. Florida and Jeffrey J. Broughton whose residence is
103 Danbury, Oak Ride.Tennessee 37830 (hereinafter referred to as the"Employee").
NOW THEREFORE.,in consideration for the mutual covenants contained herein, the parties agree
as follows:
1. Employment and Duties
A. Entpio<rnertt Duties: The City hereby agrees to employ Employee as City Manager and
Employee agrees to accept such employment. all subject to the terms and conditions set forth in this
agreement. Unless otherwise provided herein,the Employee shall devote his full time as City Manager
and carry out to-the-best of-his—thiiiry all duties imposed on him by the City Charter. City Ordinances as
they now exist, or from time to time may be changed by the City of Ocoee. and such other duties as the
City Commission may from time to time require him. Subject to such Charter and Ordinances. Employee
will be in active charge of the management and operation of the City, including the hiring, supervision.
evaluation and discipline of all City employees subject to the applicable laws of the United States, the
State of Florida_ and Charter and Ordinances of the City now in existence or as subsequently adopted,
altered or amended by the City.
• B. Individual Commission Members: Individual members of the City Commission shall not
involve themselves in the day-to-day management of the City, including the administration of the
employment policies ofthe City relating to hiring, evaluation. discipline,retention and supervision,unless •
otherwise specially provided herein. or as specifically provided in the City Charter or Ordinances now
in existence or as may be subsequently altered. adopted or amended: provided_ however. the City
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Manager, shall keep the City Commission advised of all disciplinary actions more severe than a
suspension without pay and all terminations of City employees which are involuntary, except termination
of probationary employees. The City Manager shall also advise the City Commission of any and all
demands for arbitration. administrative charges or litigation and keep the City Commission updated as
to the status of same. The City Commission shall retain the sole and exclusive right to determine whether
to settle (including the terms of any settlement) or contest any and all claims, or threatened claims
involving the City,and rrriployees acting within the scope of their authority as City employees, including
those claims related to the City personnel rules and regulations, except when by official action,the City
Commission determines, or the law otherwise provides.
2. Term:
The term of employment under this Agreement will commence May 5. 1997 and end May 4.
1999. unless earlier terminated by either party as provided in Paragraph S below.
Theeement shall automatically renew for periods of one year unless either party gives the
other written notice of its intent to modify or terminate same not less than ninety t96)-days one hundred
and ei&itv(1 S0)days prior to May 4. 1999 or one hundred and eighty(1 S0)days prior to May 4 of any
renewal year of the Agreement.
3. Compensation & Benefits
A. The City will pay Employee for all services rendered and performed hereunder, a salary
of S80,000.00 per annum in equal installments paid biON (26 pay periods per annum), or as
otherwise mutually armed.
. B. Employee's job performance will be reviewed and evaluated annually by the City
Commission_yr a COuu.,ittet uppouitc.ci b 1.L Citt Cofn.lus,lvll %%h ch zl,all Acpvrt tit. 0,alt,to tit.,Cliff
Co.iu,�;oa;oi.. The review and evaluation shall be completed at least ninety (90) days [MAKE IT
CONSISTENT WITH THE NOTICE PERIOD FOR THE ANNUAL REVIEW] prior to Employee's
anniversary date of employment and shall be discussed with Employee by the City Commission. or its
•
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04/14/97 15:54 To:Ms. Peggy ?saladakia F,od:Joyce 'Wegener C213J 252-2005 Page 4/15
designee. Shouidthe-Empioye.'s annual-Eraivation be-less thatr'`bettcr-than er-sgr--or its E-gnrivalent,
�va,uiva�,u„Sl,.ill ,d�atL�l .0�1S of h rvr..,u-.,t grid,..eplaL its Other
reviews may be conducted at the discretion of the City Commission.
C. INCREASES in Employee's I C. In addition.,the Employer agees to
salary, shall be negotiated by the City increase said base salary and/or other benefits of
Commission, or its designee with the Employee Employee in such amounts and to such Tani
in conjunction with Employee's annual job extent for as the Commission may determine that
performance review, and any changes must be is desirable to do so on the basis of an annual
approved by the City Commission. salary review of said Employee es described
below fabovel.
•
4. Fringe Benefits
A. (1) Employee shall be eligible for and participate in all fringe benefits uniformly
provided to Department Heads of the City on the same basis and under the same
conditions as provided to said employees. uniess otherwise specifically provided herein.
or unless the Employee and City Commission mutually agree otherwise.
(2) Employee shall be.ad, credited with 22 days of personal leave immediately
upon employment a,,.i siasll uct . duaing'di, of
uaa�i��,uub Thereafter.he shall earn personal leave days on the same basis as any other
department head of the City.
(3) Fmpiovee shall be allowed up to five(51 days administrative leave without loss
ofpav prior to the time the move of his family and household to Ocoee is completed for
visitation and/or moving purposes.
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(4) ^ERSONALADVANCED UNDER SuDP.1R.'GR.1."i: 2 DURING T::E
FIRST YEAR, tDL T NOT EARNED L DE DEDUCTED FROM ANY
•
Si E'ER NcE PAY OTIILIZWiSL DUE UNDER PARAGRAPH S.
B. ' Employee shall receive a car allowance of S450.00 per month under the following
conditions:
(1) The City is listed as an additional insured on employee's liability car insurance
and the amount of coverage is a minimum of S100.000/S300.000.
(2) The Employee provides a four door car not more than three old four years
old, unless the Commission acees otherwise.
(3) Employee will be responsible for all expenses related to the car and to keep it in
good working order and in tidy condition at all times when used for city business
in the event Employee's car is unavailable for Employee's use for City business.
Employee will be responsible to provide a comparable substitute for his use for
City business. This is to insure the availability of a suitable car for Employee's
use in the performance of his duties as City Manager. including the transportation
of various persons with whom the City does business when the City Manager
deems such transportation appropriate.
C. Equipment The City will furnish Employee a beeper and fixed line telephone_fax and
computer for his residence and a portable cellular car telephone to be used exclusively for City business.
. Use of the cellular car phone to contact Employee's spouse or other members of his family
residing with Employee shall be considered the business of the City;'Employee may use the
telephones for personal maners provided he reimburses the City of the cost above the regular monthly bill
of all such calls.
1 a079...4f!a -4-
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• D. Dues and Subscriptions. The D. Due and Subscriptions. Employer
agrees to budget and to pay for the professional
City shall pay the annual dues and subscriptions dues and subscriptions of employee necessary
for his continuation and full participation in
for the following organizations and publications national. regional, state and local associations
and organizations necessary and desirable for
for the purposes of allowing Employee his continued professional participation. growth
and advancement.and for the good of the
continued and participation in direct job-related Employer. (§ 14)
national,regional, and local associations and
organizations necessary and desirable to assure
his continued education with respect to his
managerial duties to enhance his ability to
perform his obligations under this Employment
travel and subsistence expenses of Ag'eement.
STATE OF FLORIDA CITY MANAGER'S
ASSOCIATION
INTERNATIONAL CITY MANAGER'S
ASSOCIATION
REGULAR PUBLICATIONS OF BOTH
ASSOCLA.TIONS
Additionally, the City shall pay for all other memberships and subscriptions on behalf of the
Employee,which the City,in its exclusive discretion approves in advance.
E. Conventions. (1) Employer hereby agrees to budget and to pay THE
REGISTRATION FEES.TRAVEL AND SUBSISTENCE CONSISTENT WITH SUBPARAGRAPH
3 BELOW FOR Ail EN-DANCE AT THE fur profcJsiollal alld official Latta, mc.tulgs, .uld o:,aJions
udLquut tU{YV11tLL1u Lilt }ntif6JJ[V11�21 Z1G�GIVt,111�iit of tu ci�l .jualtirl, pui u. lil l JJ�l1
ULl l..lail 1I111 ut. .1 fcruc..tiurm fui V111phr.ti. .u.iduciiii6 but LIRA ILultl.d tu Lill. Annual Conference of
International City Management Association. the FLORIDA LEAGUE OF CITIES ANNUAL
CONVENTION AND THE .ANNUAL MEETING OF .THE FLORIDA CITY MANAGER'S
14079.5.4/14 -5-
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(2) ADDITIONALLY,THE CITY SHALL PAY FOR ALL OTHER MEETINGS, SEMINARS
AND SHORT COURSES ON BEHALF OF THE EMPLOYEE, WHICH THE CITY, IN ITS
EXCLUSIVE DISCRETION APPROVES IN ADVANCE. [L11Lpiu cr] al�u aLY1 .J to badg..t
amity tom.\fui tla1 .J alai JLLIlJ 1JlL1)LZ. v,\p+.LizCS US tL11F)lvs fui shortcut,. 111JCLCuiL:.,11LN J1.I11ula1J
that art.n +.+. +.JJau IVl 131J uf..JsiO13a1 dc'. FJLLL+lf alld fu1 th. good,vf he
(3) All expenses shall be reimbursed in accordance with the City policy applicable to all
employees.
F. Deferred Compensation: Th. tv ma . ..n-annual Gout ibatiollrtv ICMA
LtL b1u..11t pia1i 10.0 VI L111U L..,J a1111111a1 Jalau,
In addition to the salary paid to the Employee,the City ag-ees to contribute the equivalent of ten percent
(l0°'0)of the base salary of Employee.up to $7.`00.00 annually, into the 1CMA RC retirement plan on
employee's behalf• • The payments made hereunder are
made in lieu of Employee's participation in the City Retirement Plan,which he voluntarily elects not to
participate in. The City agrees to execute all necessary agreements provided by the ICMA-RC for
Employee's continued participation in said ICMA-RC Retirement plan. including the transfer of
Employee's current account to the City and.to transfer ownership to succeeding employers upon
Employee's resignation or discharge.
�. Extent of Services and Hours of Work
A. Except during periods of illness.vacation. or absences of a day or more authorized by the •
Mayor, or his designee. Employee will devote his best efforts to the performance of his duties and
responsibilities under this Agreement. Nothing herein will limit Employee's right to make passive
investments.to participate in charitable service and organizations, other community activities and trade
•
in professional organizations or to undertake other activities which do not interfere with the performance
•
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•
•
The City shall pay the Employee an interim housing supplement of S700.00 per month.
Said payments shall begin on the effective date of this Agreement. and shall continue for a maximum of
four (4)months, or until the Employee purchases and closes on a house within the corporate Iimits of
Ocoee, Florida, whichever occurs first. said total payment not to exceed S2.800.00. •
wI 13,
B If Employee resigns his employment with the City before February 14. 1998, he shall
repay the City for all moving expenses paid or reimbursed under subparagraph A above.
Indemnification and Cooperation
A. The City shall defend, hold harmless and indemnify Employee against any tort,
professional liability claim or demand or other legal action for which the City is legally.responsible for
actions of Employee acting in his capacity as the City Manager and are within the scope of his authority
and employment as City Manager subject to applicable law and the City Charter and Ordinances, and any
limitations contained therein.
B. In the event of actual or threatened litigation and/or administrative proceedings involving
the City which arise out of the operation or actions which occurred or are alleged to have occurred while
Employee was the City Manager of the City of Ocoee. Employee will cooperate with the City and its
counsel in assisting the City in every legal manner to prevail in said action. The City shall pay
Employee's reasonable travel expenses and subsistence expenses incurred away from his home incurred
in preparation for and actual discovery, settlement and trial of all said matters.
C. Employee further agrees that unless required by law,he will not cooperate with or assist
any pan',person.or entity who has had or may have, or asserts that he has or may have any claim or any
nature against the City, its agents, officers. employees, City Commission members or representatives,
without the express written permission of the City Commission. or its designee.
D. Employee shall not disclose any confidential information involving the business of the City
to any person or entity without the written permission of the City Commission, or its designee,unless
required to do so by law.
14079.5.4/14 -8-
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E. Restrictions set forth in subparai•aphs C and D above shall not apply in instances of
governmental entities with jurisdiction over a claim of a violation of law.
8. Resignation and Termination
A. Resignation: Should Employee resign his employment:
1. Employee shall receive no severance pay or benefits under this Agreement except
as may be otherwise provided in the City Personnel Rules and Regulations applicable to him if he resigns
his employment.
2. This Agreement.except for paragraphs 7B.7C and 7E, which shall remain in force
and effect for as long as the law allows,shall be automatically canceled. and except as to those paragraphs
that continue in effect,neither Employee nor the City shall have any further obligation one to the other
under this contract or otherwise.
B. Termination by the City:
1. Subject to the procedures set forth in Article IV. § C of the City Charter.
Employee and this .- eement may be terminated at any time at the will and pleasure of the City
Commission.
2. Except as provided in paragraph 3 below, and subject to subparagraphs 2(c)-2(e)
below. if Employee is involuntarily terminated during the term of this . eement. he shall be paid
severance pay under the conditions set forth in subparagraphs(a)-(h) below. A vote by a majority of the
City Commission to offer employee the opportunity to voluntarily resign in Iieu of involuntary
termination. shall be considered an involuntary termination under and subject to the conditions set forth
in this subparani-aph B.2.
(a) Six (6) months salary, however there shall be no severance due in the
event this Agreement is not renewed or extended.
(b) Employee shall continue to be provided group medical and life insurance
by the City during the period he receives severance under subparar•phs
14°79.3.4,14 -9-
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(a)or(b)above just as if he had remained actively employed during the
period he receives such severance.
(c) Employee complies with paragraphs 7B through 7E of this Employment
Agreement(Confidentiality and Cooperation). •
(d) Payments to Employee shall be reduced by any amounts received from
wages from other employment(except other employment Employee held
which was approved by the City under paragraph 5A), disability
insurance,social security or life insurance, if any,provided by the City.
(e) The City shall no longer be obligated to provide Employee group medical
insurance once Employee has obtained employment with an employer
who offers group medical insurance in which Employee meets that
employers plan eligibility requirements. or six (b) months.
whichever first occurs.
(f) As a condition to payments provided under this subparagraph 2. the City
may require Employee to provide a statement of earnings on not more
than a monthly basic which statement shall include the name and address
of all employers. The City reserves the right to verify such reports.
(g) Upon termination ofthis Agreement.neither Employee nor the City shall
have any obligation one to the other except as set forth in Paragraph 7B
through 7E, for accrued benefits, if any, to which Employee is entitled,
if any,under the City Personnel Rules and Regulations applicable to him
as an involuntarily terminated Employee. or as otherwise provided in this
Agreement
(h) Employee shall execute a release of all officers. directors.members. City
Commission members. employees and representatives of any and all
14079.5.4/14 -10-
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rights he/she has,had or may have arising out of his employment or the
cessation thereof under this Agreement and all applicable federal,state
and local laws, including but not limited to claims of illegal
discrimination, intentional and unintentional torts, and all other types of
claims whether known or unknown through the date of his termination.
(i) LN THE EVENT THE FORM OF GOVERNMENT OF THE CITY IS
CHANGED TO A"STRONG MAYOR"SYS T:CIS or similar form
FOR WHICH THERE IS NO CITY MANAGER, EMPLOYEE MAY
ELECT TO VOLUNTARILY RESIGN, LN WHICH EVENT SAID
RESIGNATION SHALL BE TREATED AS AN INVOLUNTARY
TERMINATION UNDER PARAGRAPH 8.B.2. AND SHALL BE
SUBJECT TO ALL OF THE SUBPARAGRAPHS SET FORTH
THEREIN;PROVIDED.UNLESS RELEASED BY THE CITY. THE
EMPLOYEE AGREES TO REMAIN REM.--1INS ACTIVELY
EMPLOYED FOR THIRTY" (30) DAYS AFTER THE "STRONG
MAYOR"TAKES OFFICE AND DURING THAT TIME ASSISTS
THE "STRONG MAYOR"IN THE TRANSITION.
3. The City shall have no obligation to pay any compensation or to provide
Employee group medical insurance under paragraph 2 hereunder unless otherwise required by law if he
is terminated for any or a combination of the following reasons:
(a) Dishonesty with respect to the business and operation of the City.
(b) Violation of the City drug policy.
(c) 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.
14079.�.4n4 -I I-
fC[yp rS2160C/;1S .;OT.:JUVUC WayClICF t017: LJ4-0000 rt1..0 17/..J
(d) Conviction or pleading guilty nob contendere to a felony or crime
involving moral turpitude.
(e) Causing the Citvto be found in violation of law through gross neglect or
willful or intentional conduct by Employee.
Except as may otherwise be required by the City Charter. in the event Employee is charged with
a felony or crime involving moral turpitude, the City shall have no obligation to pay Employee under
paragraph 2 unless and until a judgment of acquittal is entered by the Court.
9. Notice and Consent:
Any written or other notice required by this Agreement shall be deemed delivered as follows:
A. As to the City,when delivered by personal service to the City Clerk at the City Hall during
the regular business hours of the City,or by Certified or Registered mail to the City Clerk at the City Hall,
said delivery to be verified by an executed Certified or Registered mail receipt_signed by the City Clerk
or the City Clerk's designee.
B. As to Employee_ by personal service to him or via Certified or Registered mail to him at
the most recent mailing address set forth in the City's personnel records.
10. Miscellaneous:
A. The City Personnel Rules and Regulations as they now exist or as they may be later
modified by the City shall apply to Employee except:
1. When inconsistent with this Agreement or the City Charter.
2. Section 12.09 Longevity Pay Section 15 (Disciplinary Action•Tenmination)and
16 (Grievance Procedure), shall not apply to Employee
3. The following Personnel Rules and Regulations shall not apply to Employee:
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B. The Mayor or his designee,shall be the Commission Member with whom Employee shall
coordinate contact between the City Commission and his office with respect to off duty time.
C. Employee shall reside within the City limits of the City of Ocoee unless the City
commission agrees otherwise. Ifthe City Commission so agrees,the Agreement shall last through the term
of this Agreement.
D. This.dement shall be interpreted, construed and governed according to the laws of the
state of Florida.
E. No amendment or variation of the terms and conditions of this Agreement shall be valid
unless in writing and signed by the parties.
F. The Employee's rights and obligations under this Agreement are personal and are not
assignable:provided however.in the event of Employee's death any accumulated but unused benefits to
which an Employee's heirs and executors are entitled under the City Personnel Rules and Regulations
shall inure to the benefits of Employee's heirs and executors to the same extent as all other City
Employees.
G. The invalidity or unenforceability of any particular provision of this Agreement shall not
affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid
or unenforceable provisions were omitted.
H. This Agreement supersedes any and all other understandings or agreements, whether
written or oral,and constitutes the complete and full agreement between the parties, and may be modified
only by the written agreement of Employee and the City Commission.
ut.tiiiniit uftlub . c.n1 t-the lags uftlu_ Sta..
of i luiiaa.hall at,pl,:[L1NECESSARSt IN LIGHT OF SUBPARAGRAPH D ABOVE]
11. .Aaditi mi I1 U.iSiwc�
14079.5.4/14 -13-
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A. ?o 1LL .ul>itatioa of liti6atioLr.
•
II. i,a.s d Oci Qiscu�10 u 1,id aiTuLL1i 1' L.,ii.ct.
CITY OF OCOEE EMPLOYEE
BY:
, Jeffrey J. Broughton
Dated: Dated:
•
14079.5.4/14 -14-
114/16/97 16:50 To:Peggy Psaledakis From:Joyce (813J 253-2005 Page 2/13
EMPLOYMENT AGREEMENT,
This Employment Agreement ("Agreement") is made between the City of Ocoee (hereinafter
referred to as the"City"), a municipal organization organized and existing under the laws of the State of
Florida,with its office located at City Hall, Ocoee. Florida and Jeffrey J. Broughton whose residence is
103 Danbury, Oak Ridge,Tennessee 37830 (hereinafter referred to as the"Employee"). •
NOW THEREFORE,in consideration for the mutual covenants contained herein, the parties agree
as follows:
1. Employment and Duties
A. Employment Duties: The City hereby agrees to employ Employee as City Manager and
Employee agrees to accept such employment, all subject to the terms and conditions set forth in this
agreement. Unless otherwise provided herein,the Employee shall devote his fell time as City Manager
and carry out to the best of his ability all duties imposed on him by the City Charter, City Ordinances as
they now exist, or from time to time may be changed by the City of Ocoee,and such other duties as the
City Commission may from time to time require him. Subject to such Charter and Ordinances, Employee
will be in active charge of the management and operation of the City, including the hiring,supervision,
evaluation and discipline of all City employees subject to the applicable laws of the United States.the
State of Florida. and Charter and Ordinances of the City now in existence or as subsequently adopted,
altered or amended by the City.
B. Individual Commission Members: Individual members of the City Commission shall not
involve themselves in the day-to-day management of the City, including the administration of the
employment policies ofthe City relating to hiring, evaluation, discipline,retention and supervision,unless
otherwise specifically provided herein, or as specifically provided in the City Charter or Ordinances now
in existence or as may be subsequently altered, adopted or amended; provided, however, the City
Manager, shall keep the City Commission advised of all disciplinary actions more severe than a
•
suspension without pay and all terminations of City employees which are involuntary,except termination
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of probationary employees. The City Manager shall also advise the City Commission of any and all
demands for arbitration, administrative charges or litigation and keep the City Commission updated as
to the status of same. The City Commission shall retain the sole and exclusive right to determine whether
to settle (including the terms of any settlement) or contest any and all claims, or threatened claims
involving the City,and employees acting within the scope of their authority as City employees, including
those claims related to the City personnel rules and regulations, except when by official action,the City
Commission determines,or the law otherwise provides.
2. Term:
The term of employment under this Agreement will commence May 5, 1997 and end May 4,
1999, unless earlier terminated by either party as provided in Paragraph 8 below.
The Agreement shall automatically renew for periods of one year unless either party gives the
other written notice of its intent to modify or terminate same not less than one hundred and eighty(180)
days prior to May 4, 1999 or one hundred and eighty(180)days prior to May 4 of any renewal year of
the Agreement. •
3. Compensation& Benefits
A. The City will pay Employee for all services rendered and performed hereunder.a salary
of S80,000.00 per annum, in equal installments paid bi-weekly (26 pay periods per annum), or as
otherwise mutually agreed.
B. Employee's job performance will be reviewed and evaluated annually by the City
Commission prior to Employee's anniversary date of employment and shall be discussed with Employee
by the City Commission or'its designee. Other reviews may be conducted at the discretion of the City
Commission.
C. Increases in Employee's salary, shall be negotiated by the City Commission, or its
designee with the Employee in conjunction with Employee's annual job performance review, and any
changes must be approved by the City Commission.
-2-
04/16/97 16:50 To:Peggy Psaledakis From:Joyce (8131 253-2006 Page 4/13
•
4. Fringe Benefits
�. (1) Employee shall be eligible for and participate in all fringe benefits uniformly
provided to Department Heads of the City on the same basis and under the same
conditions as provided to said employees,unless otherwise specifically provided herein,
or unless the Employee and City Commission mutually agree otherwise.
(2) Employee shall be advanced 22 days of personal leave immediately upon
employment and shall not earn any additional personal leave days during the first year of
employment. Thereafter,he shall earn personal leave days on the same basis as any other
department head of the City.
(3) Employee shall be allowed up to five(5)days administrative leave without loss
of pay prior to the time the move of his family and household to Ocoee is completed for
visitation and/or moving purposes.
,(4) Personal leave advanced under subparagraph 2 during the first year, but not
earned shall be deducted from any severance pay otherwise due under paragraph 8.
B. Employee shall receive a car allowance of S450.00 per month under the following
conditions:
(1) The City is listed as an additional insured on employee's liability car insurance
and the amount of coverage is a minimum of S 100,000/$300,000.
(2) The Employee provides a four door, five (5)passenger car not more than four
years old, unless the Commission agrees otherwise. •
(3) Employee will be responsible for all expenses related to the car and to keep it in
good working order and in tidy condition at all times when used for City business
in the event Employee's car is unavailable for Employee's use for City business,
Employee will be responsible to provide a comparable substitute for his use for
City business. This is to insure the availability of a suitable car for Employee's
14079.6.4/16 -3-
34116i97 16:50 To:Pegg' Psaledakts Froro:Jcyce (813] 253-2006 Page 5/13
use in the performance of his duties as City Manager, including the transportation
of various persons with whom the City does business when the City Manager
deems such transportation appropriate.
C. Equipment. The City will furnish Employee a beeper and fixed line telephone,fax and
computer for his residence and a portable cellular car telephone to be used exclusively for City business.
Use of the cellular car phone to contact Employee's spouse or other members of his family residing with
Employee shall be considered the business of the City. Employee may use the telephones for personal
•
matters provided he reimburses the City of the cost above the regular monthly bill of all such calls.
D. Due and Subscriptions. Subject to presentation of proper receipts or invoices,
Employer agrees to budget and to pay for the professional dues and subscriptions in an amount not less
than one thousand dollars ($1,000.00)per fiscal year necessary for Employee's continuation and full
participation in national, regional, state and local associations and organizations which Employee
determines are necessary and desirable for his continued professional participation, growth and
advancement, and for the good of the Employer.
Additionally, the City shall pay for other memberships and subscriptions on behalf of the
Employee,which the City, in its exclusive discretion approves in advance.
E. Conventions.
(1) Employer hereby agrees to budget and to pay the registration fees,travel and subsistence
consistent with subparagraph 3 below for attendance by Employee as a member in good standing to the
annual meeting or convention of the International City Management Association,the Florida League of
Cities, and the Florida City and County Manager's Association.
(2) .Additionally,the City shall pay for all other meetings,seminars and short courses attended
by the Employee,which the City,in its exclusive discretion approves in advance. (3) A 1 1
expenses shall be reimbursed in accordance with the City policy applicable to all employees.
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F. Deferred Compensation:In addition to the salary paid to the Employee,the City agrees
to contribute ten percent(10%)ofthe base salary of Employee, up to$7,500.00 annually, into the ICMA-
RC retirement plan on Employee's behalf in equal proportionate amounts each pay period. The payments
made hereunder are made in lieu of Employee's participation in the City Retirement Plan, which he
voluntarily elects not to participate in. The City agrees while Employee is employed by the City to
execute all necessary agreements provided by the ICMA-RC for Employee's continued participation in
said ICMA-RC Retirement plan, including the transfer of Employee's current.account to the City, and to
transfer ownership to succeeding employers upon Employee's resignation or discharge if so requested by
the Employee.
5. extent of Services and Hours of Work
A. Except during periods of illness,vacation, or absences of a day or more authorized by the
Mayor, or his designee, Employee will devote his best efforts to the performance of his duties and
responsibilities under this Agreement. Nothing herein will limit Employee's right to make passive
investments,to participate in charitable service and organizations,other community activities and trade
in professional organizations or to undertake other activities which do not interfere with the performance
of his duties hereunder, it being mutually agreed that his participation in charitable service, other
community activities,and trade and professional organization is to the benefit of the City. Employee shall
not otherwise be employed on a full- or part-time basis without the written permission of the City
Commission.
B. Employee shall be ''on-call" 24 hours a day and agrees to make himself available as
needed. It is recognized that Employee's duties as City Manager require a great deal of time outside of
normal office hours. It is also recognized that Employee is required to devote an unspecified amount of
time and energy to carry out those duties with the highest amount of professionalism possible and that
because of the"24-hour'nature of his responsibilities, interference with his private life is to be expected.
That being the case,the parties recognize that Employee may choose to take occasional personal time off
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within the general area of the City of Ocoee during the City's normal business hours, when his duties
allow and his absence will not interfere with the efficient operation of City business; provided,however,
that he is at all times reachable by telephone or beeper and thereafter is immediately available, except
during periods of illness,vacation and absences approved by the Mayor or his designee. This time off is
not considered vacation nor compensatory time. Employee agrees that at all times, including personal
time as set forth herein,he will conduct himself in a professional manner and not bring discredit to the City
or to the operation of its business. The Commission will consider Employee's use of personal time off
during its annual performance evaluation of himiher.
6. Moving and Relocation Expenses
A. The City shall pay Employee six thousand dollars($6,000.00)to effectuate his moving
and relocation from his current home in Oak Ridge,Tennessee,to a home in the City limits of the City
of Ocoee. Employee shall be responsible for all taxes of any kind, if any, due with respect to such
payment.
B. If Employee resigns his employment with the City within twelve(12)months of his first
day of active employment under this Agreement,he shall repay the City for all monies received by him
under subparagraph A above.
7. Indemnification and Cooperation
A. The City shall defend, hold harmless and indemnify Employee against any tort,
professional liability claim or demand or other legal action for which the City is legally responsible for
actions of Employee acting in his capacity as the City Manager and are within the scope of his authority
and employment as City Manager subject to applicable law and the City Charter and Ordinances,and any
limitations contained therein.
B. In the event of actual or threatened litigation and/or administrative proceedings involving
the City which arise out of the operation or actions which occurred or are alleged to have occurred while
Employee was the City Manager of the City of Ocoee, Employee will cooperate with the City and its
14079.6.4/16 -6-
24/16/97 16:50 To:Peggy Psatedakis From:Joyc t813] 253-2006 Page 8/13
counsel in assisting the City in every legal manner to prevail in said action. The City shall pay
Employee's reasonable travel expenses and subsistence expenses incurred away from his home incurred
in preparation for and actual discovery,settlement and trial of all said matters.
C. Employee further agrees that unless required by law,he will not cooperate with or assist
any party,person,or entity who has,had or may have,or asserts that he has or may have any claim or any
nature against the City,its agents, officers, employees, City Commission members or representatives,
without the express written permission of the City Commission, or its designee.
D. Employee shall not disclose any confidential information involving the business of the City
to any person or entity without the written permission of the City Commission, or its designee, unless
required to do so by law.
E. Restrictions set forth in subparagraphs C and D above shall not apply in instances of
governmental entities with jurisdiction over a claim of a violation of law.
8. Resignation and Termination
A. Resignation: Should Employee resign his employment:
1. Employee shall receive no severance pay or benefits under this Agreement, except
as may be otherwise provided in the City Personnel Rules and Regulations applicable to him if he resigns
his employment.
2. This Agreement except for paragraphs 7B,7C and 7E, which shall remain in force
and effect for as long as the law allows,shall be automatically canceled, and except as to those paragraphs
that continue in effect,neither Employee nor the City shall have any further obligation one to the other
under this contract or otherwise.
B. Termination by the City:
• 1. Subject to the procedures set forth in Article IV, § C-22 of the City Charter,
Employee and this Agreement may be terminated at any time at the will and pleasure of the City
Commission.
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2. Except as provided in paragraph 3 below, and subject to subparagraphs 2(c)-2(e)
below, if Employee is involuntarily terminated during the term of this Agreement, he shall be paid
severance pay under the conditions set forth in subparagraphs(a)-(h)below. A vote by a majority of the
City Commission to offer employee the opportunity to voluntarily resign in lieu of involuntary
termination,shall be considered an involuntary termination under and subject to the conditions set forth
in this subparagraph B.2.
(a) Six (6) months salary, however there shall be no severance due in the
event this Agreement is not renewed or extended.
(b) Employer shall continue to pay for the premium necessary to provide
Employee group medical insurance on the condition Employee files a
timely election under COBRA during the period he receives severance
under subparagraphs(a)or(b)above,just as if he had remained actively
employed during the period he receives severance, but subject to the
conditions set forth in subparagraph(e)below.
(c) Employee complies with paragraphs 7B through 7E of this Employment
Agreement(Confidentiality and Cooperation).
(d) Payments to Employee shall be reduced by any amounts received from
wages from other employment(except other employment Employee held
which was approved by the City under paragraph 5A), disability
insurance,social security or life insurance, if any,provided by the City.
(e) The City shall no longer be obligated to pay the premiums for
Employee's group medical insurance under subparagraph(b)above once
Employee has obtained employment with another employer who offers
group medical insurance for which Employee meets that employer's
14079.6.4/16 -8-
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eligibility requirements, or after the period during which Employee
receives severance pay from the City,whichever first occurs.
(f) As a condition to payments provided under this subparagraph 2,the City
may require Employee to provide a statement of earnings on not more
than a monthly basis,which statement shall include the name and address
of all employers. The City reserves the right to verify such reports.
(g) Upon termination of this Agreement,neither Employee nor the City shall
have any obligation one to the other except as set forth in Paragraph 7B
through 7E,for accrued benefits, if any,to which Employee is entitled,
if any,under the City Personnel Rules and Regulations applicable to him
as an involuntarily terminated Employee,or as otherwise provided in this
agreement.
(h) Employee shall execute a release of all officers,directors, members, City
Commission members, employees and representatives of any and all
rights he/she has,had or may have arising out of his employment or the
cessation thereof under this Agreement and all applicable federal,state
and local laws, including but not limited to claims of illegal
discrimination, intentional and unintentional torts,and all other types of
• claims whether known or unknown through the date of his termination.
(i) In the event the form of government of the City is changed to a"strong
Mayor" or similar form of government for which there is no City
Manager,Employee may elect to voluntarily resign,in which event said
resignation shall be treated as an involuntary termination under
paragraph 8.B.2.and shall be subject to all of the subparagraphs set forth
therein; provided, unless released by the City,the Employee agrees to
14079.6.4/16 -9-
04/16/97 16:50 To:Peggy Psaledakis From:Joyce (8131 253-2006 Page 11/13
remain actively employed for thirty(30)days after the"strong Mayor"
or other chief executive officer under a similar form of government takes
office and during that time assists in the transition.
(j) In the event Employee is entitled to severance pay from the City,the City
shall in addition to the severance pay, pay Employee the amount of
premium the City would have paid for employee had he remained
employed during the period of his receipt of severance pay.
3. The City shall have no obligation to pay any compensation or to provide
Employee group medical insurance under paragraph 2 hereunder unless otherwise required by law if he
is terminated for any or a combination of the following reasons:
(a) Dishonesty with respect to the business and operation of the City.
(b) Violation of the City drug policy.
(c) 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.
(d) Conviction or pleading guilty nolo contendere to a felony or crime
involving moral turpitude.
(e) Causing the City to be found in violation of law through gross neglect or
willful or intentional conduct by Employee.
Except as may otherwise be required by the City Charter, in the event Employee is charged with
a felony or crime involving moral turpitude,the City shall have no obligation to pay Employee under
paragraph 2 unless and until a judgment of acquittal is entered by the Court.
9. Notice and Consent:
Any written or other notice required by this Agreement shall be deemed delivered as follows:
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A. As to the City,when delivered by personal service to the City Clerk at the City Hall during
the regular business hours ofthe City,or by Certified or Registered mail to the City Clerk at the City Hall,
said delivery to be verified by an executed Certified or Registered mail receipt,signed by the City Clerk
or the City Clerk's designee.
B. As to Employee.by personal service to him or via Certified or Registered mail to him at
the most recent mailing address set forth in the City's personnel records.
10. Miscellaneous:
A. The City Personnel Rules and Regulations as they now exist or as they may be later
modified by the City shall apply to Employee except:
1. When inconsistent with this Agreement or the City Charter.
2. Section 12.09 Longevity Pay, Section 15 (Disciplinary Action/Termination)and
16(Grievance Procedure),shall not apply to Employee
B. The Mayor or his designee,shall be the Commission Member with whom Employee shall
coordinate contact between the City Commission and his office with respect to off duty time.
C. Employee shall reside within the City limits of the City of Ocoee unless the City
Commission agrees otherwise. If the City Commission so agrees,the Agreement shall last through the
term of this Agreement.
D. This Agreement shall be interpreted,construed and governed according to the laws of the
state of Florida In the event of litigation to enforce this Agreement,the prevailing party shall be entitled •
a reasonable attorneys fees and costs in addition to any other relief to which the prevailing party is
entitled in accordance with applicable law.
E. No amendment or variation of the terms and conditions of this Agreement shall be valid
unless in writing and signed by the parties. •
F. The Employee's-rights and obligations under this Agreement are personal and are not
assignable;provided,however, in the event of Employee's death any accumulated but unused benefits to
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which an Employee's heirs and executors are entitled under the City Personnel Rules and Regulations
shall inure to the benefits of Employee's heirs and executors to the same extent as all other City
Employees.
G. The invalidity or unenforceability of any particular provision of this Agreement shall not
affect the other provisions hereof,and this Agreement shall be construed in all respects as if such invalid
or unenforceable provisions were omitted.
H. This Agreement supersedes any and all other understandings or agreements, whether
written or oral,and constitutes the complete and full agreement between the parties,and may be modified
only by the written agreement of Employee and the City Commission.
CITY OF OCOEE EMPLOYEE
By:
Jeffrey J.Broughton
Dated: Dated:
14079.6.4/16 -12-