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CCMtg03-30-09SMMin LONG~VOOll CITY COMMISSION Longwood City Corr,~mission Chambers :175 West Warren Avenue Longwood., Florida SPECIAL P!IEETING MINUTES M:ar~h 30, 200 4:30 I'.M. Present: Mayor Brian D. Sackett Deputy Mayor John C. Maingot Commissioner Mike Holt Commissioner H.G. "Butch" Bundy Andrew I. Dayes, Acting Cit3- Attorney Tom Jackson, Acting City Administrator Sarah M. Mirus, City Clerk Dawn Jackson, Personnel Manager Ryan Spinella, Executive Assistant David Dowda, Interim Police Chief Absent: Commissioner Joe Durso (Excused) 1. CALL, TO ORDER. Mayor Sackett called the meeting to order at 4:30 p.m. 2. CONSIDER, DELIBERATE AND (:LARIFY NEGOTIATING POINTS IN THE CONTRACT FOR THE CITY ADMINISTRATOR POSITION. Mayor Sackett said it was his understanding that everyone was to forward any changes or editing comments they wanted to make to the Clerk. He asked Mr. Jackson to provide an update. Mr. Jackson said Mr. Grace came to his office last week and they had a telephone conference with Mr. Roper to discuss lus contract requirements. He stated he had provided Mr. Grace with the City's ro~.igh draft. Many of the items were not an issue to him. Some of'the items he countered of what his expectations were of what the contract should be. He said T?Ir. Grace wanted it known that he was just trying to negotiate a professional contract between himself and the City on terms that he feels is fair for himself, as well as the City. He stated Mr. Grace commented that the contents of the co~7traet seemed to be rather wordy and it seemed like it could be simplified. Mayor Sackett suggested they go thro~.igh the contract by each Item. Mr. Jackson said Mr. Grace had no counter to Item lA. CC 03-30-09/201 Mr. Jackson said some of the content of Item 1B was also expressed in the City Charter and. Mr: Grace questioned why it was in the Agreement. He stated that ~ Mr. Roper advised the first couple of lines where it stated "Individual members of the City Commission shall not involve themselves. in day-to-day management..." was insurance to the new City Administrator and reiterated the City Charter. He advised that Mr. Grace had no issues with that. Commissioner Holt said he would like to strike from Item 1 B the sentence that starts with "Individual" through to line number 7 to "however" and start with "....the City Administrator shall keep the City Commission advised...'' and continue on. He stated it did not need to be in a contract what the Commission can or cannot do. Commissioner Bundy said if the wording is not exactly as it appears in the Charter, then there is a conflict. He stated the Charter takes precedence over everything. Mayor Sackett said five or six lines down where it states, of any and all demands for arbitration, administrative charges or litigation and keep the City Commission updated..." He inquired what updated meant. Commissioner Holt agreed and said he should give the Commission a monthly report. Commissioner Bundy said he should fiirnish at least a monthly memorandum to ~ provide information to the Commission. Mayor Sackett. suggested they insert the word "monthly" following "updated" and it could be by any form deemed appropriate. Mr: Jackson said with Item 2, Term, the only thing that needed to be addressed here was if all parties agree on a contract, it will list the actual starting date. He said that Mr. Grace would need thirty days notice. Commissioner Holt moved to suspend the Hiles. Seconded by Deputy Mayor Maingot and carried by a unanimous voice vote with Commissioner Durso absent. Mr. Jackson said there was no issue with Item 3 A. Mr. Dayes advised Mr. Grace suggested changing "will" to "shall" on Item 3 A so it reads "The City shall pay Employee for all. services..." Mayor Sackett asked Mr. Dayes if there was much difference in the. two words. Mr. Dayes said lie didn't find a particular difference between the two words. ~ CC 03-30-09/202 ~ Commissioner Bundy said he didn't h:~ve a problem with that. He stated the only other thing he had on Item 3 A was on. the last line where it states "...as other employees of the City are paid, or as otherwise mutually agreed." and suggested eliminating. that. It was the consensus of the Commission to eliminate or as otherwise mutually agreed:." Mr. Jackson said there were no issues wi h Item 3 B until towards the end. He stated the first part of Item 3 B states t:he content of this paragraph, then three lines up from the bottom it says "...stated differently, Employee's j ob performance will n_ot be evaluated or reviewed until after the passage of his initial six months as .City Administrator for the City of Longwood.", He advised. Mr. Grace wanted. the words stated differently..." dropped. He said the first part of this paragraph states the same thing, b~zt at the end it is almost as if it was placed in as la.yman's terms. He didn't see the-point of being redundant. Commissioner Bundy said this was different from what they had decided they wanted listed. He stated they had said in the first six months they would establish the criteria for the first review. I-Ie said there was nothing listed regarding the. first six months as a probationary period and there would be no severance package during the first six months. Mr. Dayes said that was covered in the Resignation or Termination section. Mr. Jackson said the content above this; was not an issue.. The content from stated differently..." was a repeat of that listed above it. Commissioner Holt said he had this wording marked out.. He said at the very end of the third line it says "...by the City (~ornmi.ssion or its designee." and he would like to strike or its designee." He si.iggested this be repetitive throughout the contract. It was the consensus of the City Commission to strike the words "...or its designee." when it follows "City Commission". Mr. Dayes read back Item 3 B as amended. Mayor Sackett said he would like it to ~~nd with "The City Commission in writing to Employee within the initial six months of his employment with the City." He said he had one quesfion regarding Item 3 B. It states "....shall be discussed with Employee by the City Commission." a,id he inquired when this would occur. He affirmed it talks anniversary date, and said they would receive the information from the prior City Administrator a week before the meeting. He said he would ~ like. this information thirty days prior. Ile inquired if this was unreasonable. Deputy Mayor Maingot said they would have a more meaningfiil yardstick, because they will be setting the goals. CC 03-30-09/203 Commissioner Bundy said he liked what Mayor Sackett was saying, because they do the evaluation that night and approve the salary and continuance of the ~ contract. If they set it thirty days ahead .and there were any questions or they felt he did not meet his goals, this would give him tune to provide backup data. Mayor Sackett suggested it .state "...shall be notified a month prior..." Deputy Mayor Maingot suggested it state "...shall be detailed a month prior..." Commissioner Bundy suggested it state ":..shall be reviewed and evaluated annually thirty days prior to Employee's anniversary date:" Mayor Sackett said it will read, "Employee's job performance will be reviewed and evaluated annually by the City Commission thirty days prior to the Employee's anniversary date of employment under this Agreement and shall be discussed with the Employee by the City Commission." Mr. Jackson reviewed the areas to be stricken on Item 3 C and. said the final version would read, "Increases in Employee's base salary shall be approved by majority vote by the City Commission, but does not require a formal amendment to this Agreement." Mayor Sackett said if not set in the Charter anywhere, it says increases to the base salary shall be approved by a majority vote, but it does not tell when. He inquired if they could do this monthly. Mr. Dayes said. if it is not addressed in the Charter, then they can address it here. Mr. Jackson suggested stating "Annual increases in the employee's base salary....." and that would clarify it. Deputy Mayor Maingot said there could also be a decrease. Commissioner Bundy suggested it state "annual adjustments:" Mr. Jackson said the suggestion to add. in that the salary cannot be decreased unless it is decreased across the board for all, did not. make it into this version. He stated the first line of this contract where the City agrees to pay him $13.0,000 annually; they cannot cut him below that amount. He said if he receives annual increases and goes up in salary, they cannot cut his salary below $130,000. Commissioner Bundy inquired if they increase his pay, even though it does not require a formal amendment to this Agreement, does that not change the Agreement. Mr. Dayes said they should be on the safe side and take out. the increases and reference it to adjustments, leaving the possibility to adjust accordingly and CC 03-30-09/204 addressing the annual salary on an annual basis may require additional language ~ in the. contract, so it does not read that $13.0;000 is not the erid all/say, all. Commissioner Bundy said he would not.be willing to cut employees salaries without cutting the Administrator's. He stated they have indicated, an interest from this point forward to try and keep it on. a more equitable basis with the way they work with the. other City employees. ~ . Mr. Dayes said they had the final statement in there "...or as otherwise mutually agreed," under Item 3 A. He stated this didn't just address the time frame for payments, but also the pay. He suggested they :may not want to strike something that is mutually agreed. _ It was the consensus of the Commission to leave "...or as otherwise mutually agreed." under Item 3 A. Commissioner Bundy inquired ifthey do an annual adjustment, would they not be better off to make it a formal amendme;nt to the agreement. He said that way there would be no question that whatever the; salary is next year or in five years, it is part 'of the agreement. Mayor Sackett said then it would be , .shall be a formal amendment to this ~ Agreement approved by a majority vote of the City Commission" in Item 3 C. i Commissioner Bundy inquired it that v~ould put the City in a better position if they were not able to pay $130,000 the following year: He said this way the formal amendment would supersede whatever they do. Mayor Sackett said he would like to se~~ Item 3 C stay as "Annual adjustments in Employee's base salary shall be approved as a formal amendment to the contract by a majority vote by the City Commission." NTr. Dayes said Item 3 C sets forth that a majority is required to make the adjustment, so it is important as opposed to striking it all together. Mr. Jackson suggested on that particular paragraph, after they have stricken the part where. it starts ".::but does not require a formal amendment...." to change it to "....and shall require a formal amendme;nt..." it should read okay. Commissioner Bundy said to strike it all out up to where it said "...approved by the City Commission..." and then put in "...and shall require a formal amendment..." ~ Mr. Jackson said the section on Fringe Benef is starts out .by stating "Employee ~ shall be eligible for, and can participate in, all fringe benefits, packages or plans uniformly provided to all employees of the City on the same basis and under the same conditions as provided to other City of Longwood employees, He stated that. from day one through year five City employees can earn two weeks a year, CC 03-30-09/205 then year six through year ten they accrue three weeks a year, then from eleven years on they accrue at four weeks a year. He advised that Mr. Grace would like ~ year one to year five to accrue of three weeks a year, year six through year ten to accrue at four weeks a year and year eleven onto accrue at five weeks a year. He advised that employees can accrue up to-240 hours that-carry over. He explained how the use or lose of vacation time works for employees.. Mayor Sackett said he was starting to hear the beginning of he does not want to be on the same terms as what the City employees are. Mr. Jackson said if you take these accruals at three weeks a year, which is 1.20 hours of vacation time, if he goes two years without taking a vacation, he will be at his maximtun of 240 hours. At that point, if he takes three weeks in his third year, he will still have the 240 hours in his bank. Mayor Sackett said he feels better knowing that there is a limit of 240 hours. Commissioner Bundy agreed that this. was a signal that he doesn't want to be treated the same as City employees. Mr. Jackson affirmed the City Administrator does not work a norma140 hour week. He said he has been tracking his time since he has been in this position and it 'is between 65 to 72 hours every week. He stated with Mr. Grace's experience, ' he understands the stress that falls on this position and is looking for the ability to ~ reduce that stress. Mayor Sackett said that this one was doable; his accnial rate. will just be faster. Commissioner Bundy inquired how many hours Mr. Jackson worked a day as the Police Chief. Mr. Jaelcson said it was an average of eleven hours a day. Deputy Mayor Maingot said Chief Jackson has become knowledgeable about his job over the years that he knows how to handle a situation. Commissioner Bundy said a City Administrator coming from a County Administrator level should know how to do the same. He stated it was a pressure job, deal with it. Discussion. ensued regarding the accrual of vacation time. Commissioner Bundy inquired if this applied only to his vacation accrual. Mr. Jackson responded in the affirmafive. ' ' CC 03-30-09/205 Mr. Dayes said Mr: Grace identified :Fve items within the Fringe Benefit section. He suggested that rather than. treating; each one individually, they consider all five that fall under the Fringe Benefits. Mayor Sackett said the first point was vacation accnial of two versus three weeks. Mr. Jackson said the vehicle was the :next item. He stated the contract states "Employer agrees to provide to the Employee, during the term of this Agreement with aCity-owned vehicle which he shall have exclusive and unrestricted use of that all times during his emplo3~nent with the City of Longwood..." He said Mr. Grace was .okay with that or a $400 a month car allowance. He stated some of the Commissioners had indicated. they only wanted vehicle use during work times. Deputy Mayor Maingot said he thought it was that "Employer agrees to provide access to a City owned vehicle for use; during official business..." Mayor Sackett said they were saying ``Employer agrees to make available to the Employee; during the term of this Agreement aCity-owned vehicle, which he shall have use of during his employment with the City." He stated that was about what they were saying. They were not: going to remove one of the cars from the fleet. He said Mr. Grace was okay if t).Zey remove one from the fleet and if they ~ don't, then $'400 car allowance. ~ Mr. Jackson responded in the affirmative. He said a given example for the use of a City vehicle would be if he has an e~irly morning meeting and he lives north of the City and the meeting would be in Sanford, it would not be advantageous for him to drive into the City to pick up a vehicle to drive the distance. to the meeting and came back. If he already has access of'the vehicle, he would just drive from his home. Commissioner Bundy said if he drove his personal vehicle then he would not be reimb~irsed mileage for a meeting in Seminole County. Mayor Sackett said he would not need a vehicle exclusive to his use, but a vehicle needs. to be available to him. If this vehicle was driven home, it would not present a problem because there would not be a demand for the vehicle at night. Commissioner Bundy said he had a problem with the unrestricted use of the vehicle at all times during his employment. He stated he did not have a problem with him driving a vehicle home, but it needs to be clearly understood the City vehicle is restricted for official City business. Mr. Jackson advised there were three pool vehicles for the City Hall. complex. Mayor Sackett said they should make one of the vehicles available for City business and he can take it home. CC 03-30-09/207 Mr. Jackson suggested they phrase that it is .for use at all times during his employment with the City for official business. He said it could read "Employer agrees to provide to the Employee, during the term of this Agreement; with a City-owned vehicle which he shall have exclusive use ofthat all times during his employment with the City of Longwood for official business." Commissioner Bundy said he did not like saying exclusive use. Mayor Sackett said lie crossed off exclusive and unrestricted. Mr. Jackson said the City Administrator is like the CEO of this company and he will probably have personal affects in the vehicle. He stated if Mr. Grace drives it to and from work with a regular expectation and then you put somebody else in the vehicle, it seems like there is lack of accountability. He suggested either assign him the vehicle with use for official City business, or .give him the car allowance. He declared for him to ear pool during the day with other people during the day just does not seem appropriate for the position. Mayor Sackett inquired if they were more in favor of allowing the car or car allowance. Mr. Dayes advised he was asking for the $400 car allowance in addition to mileage reimbursement for out of County travel. ~ ~I Mayor Sackett suggested that it read "Employer agrees to provide to the ' Employee, during. the term of this Agreement; with aCity-owned vehicle which he will have exclusive use of that all times during .his employment with the City of Longwood for official City business." He said the "official City business" may fit better somewhere else in the sentence. It was the consensus of the Commission to provide a car for his exclusive use for official City business. Commissioner Bundy said they should strike the rest of the content. Mr. Jackson gave an example. of family members going to a seminar with him, in which ease he would drive his personal vehicle and would be,paid mileage. Commissioner Bundy said if theyhad to approve. the seminar, he could present that scenario at the time for approval. Mr. Jackson said the last sentence "However,. Employer shall reimburse the . Employee at the IRS standard mileage rate or guidelines currently in effect. at the time for.any business use of his personal vehicle on official City of Longwood business, or within the course and scope of his employment as City Administrator..:" ~J Mayor Sackett said they should add "as previously approved by the Commission." CC 03-30-09/208 ~ Mr. Jackson said that would tell him. he has a company car, but if we allow you to ~ use your personal vehicle, we will provide you mileage upon approval. Commissioner Bundy suggested they put at the end "with prior approval of the City Commission." Deputy Mayor Maingot elari:fied they were going to strike. from in the event that..." down to "however". He said ~~:hat "Human Resource Director" needed to be changed to "Manager". He stated 1:he part after City business that states "...and shall :furthermore immediately report..." should be taken out. He said in talking with Mr. Jackson, that function is covered by Human Resources. Mr. 7ackson said within ten minutes of every vehicle crash, he receives a call and makes sure that protocol is followed and notifies Human Resources.. He suggested they put that the employee shall immediately report the crash to the Chief of Police after notifying the correct officials in the jurisdiction. He stated Risk Management needs to be the one contacting the City''s insured. Mayor Sackett suggested they ,strike "notifying the Mayor" and notify the Personnel Manager. ~ Commissioner Bundy said the Personnnel Manager should notify the Commissioners at the time appropriatf,. Mr. Dayes reviewed that i will read ":Employee shall immediately report to the Human Resource Manager any accident in which the City-owned vehicle(s), or his own personal vehicle, is involved in while being, used to conduct City business." Conunissioner Bundy said they could delete three as long as the Human Resource Manager knows to notify the City Conunission at an appropriate time.. It was the consensus. of the Commission to delete three. Mr. Jackson said he would like to h~avf, a cell phone allowance so he does not have to carry two phones. He stated if it is a phone allowance; then it is his phone and the public records issue is .not a pr~svalent. FIe advised it would be approximately $99 a month for a plan that is unlimited text. and voice for a blackberry type of device. Commissioner Holt said his only problem would be the City business would be on his .phone and if he leaves, that goes with him. Commissioner Bundy said if he uses the phone for City business; whether it is ~ personal or not, it is part of the public record.. Mr. Dayes said that having him carry two cell phones could be a fraction of the trouble that could be involved with public records disclosure. CC 03-30~~09/209 Commissioner Bundy said if they were paying. $100 a month for unlimited use, they wouldn't care if he uses it for personal calls. ~ Mr. Jackson said if he uses a provided device for City business and half the time he uses it for personal use, the IRS can assess an income value for that and tax him for it. He said because of this some cities were going with just a phone allowance. Commissioner Bundy said he didn't have a problem with either way, as long as he understands his phone records are public record. Mr. Dayes advised that using your personal phone. for official business would not provide a shield from public records disclosure laws. Mayor Sackett said if they give him.a phone allowance they can get rid of the paragraph. Mr. Jackson,said if they are going to pay a dollar figure, they have no control over the money once it is spent. If they have a concern of viewing the records should they have suspect that something is not right, or concern about subpoena of public records, he would suggest- expending it in an area they can control. He stated if they provide the cell phone, then they have ownership. i Mayor Sackett said this paragraph would have sentence one. and three. J It was the consensus of the Commission he will be provided a phone by the City. Mr. Jackson said there was no issue with the Dties and Subscriptions. He stated under Seminars, Conferences, and Conventions, the mid paragraph states ``...the City Commission, in its exclusive discretion, must approve in advance..." He said Mr. Grace's thought on this was when he forms his budget,. all of his travel will be line item described in his budget with the exception of something that may come up last minute. He stated that anything that would come up last minute would be nm past the. Commission. Commissioner Bundy said if the budget process was going to be specific regarding conferences and seminars,. then they have the opportunity for advance approval. He stated they have always approved a dollar amount and it was up to the Administrator how. it was expended. Deputy Mayor Maingot suggested it read "The City shall pay for authorized educational seminars, conferences, or conventions which Employee attends in promotion of continuing education for his job description and duties; with the City of Longwood." Commissioner Bundy said that verbiage would cover it. CC 03-30-09/210 ~ Mr. Jackson pointed out there would be no need for the third line where it states "...including reimbL~rsement of~mileage to and from said seminar..." Deputy Mayor Maingot said they should strike from "including reimbursement" down to "all employees". Mr. Jackson said with paragraph F, h~~ wishes his retirement to be placed into a PEBSCO Account, as he has had one for numerous years, as opposed to the Florida League of Cities. He would a:1.so like a l 3 % annual contribution. It was the consensus of the Commission to allow the contribution into the PEBSCO Account, but at 10%. Cornrnissioner Bundy said they did not need to list PEBSCO specifically in the contract because he may desire to change this. Mr. Dayes said the last. sentence plaee~s the onus on the Administrator to execute the proper agreements. Commissioner Bundy said there would be a period after "behalf' and eliminate everything up to "the City agrees". ~ Mr. Jackson said there was no exception taken with 5 A or 5 B. Commissioner Bundy said in 5 B ` 1Vlayor" needs to be changed to "Commission". Deputy Mayor Maingot said if you rezld the first part "Employee shall", then five lines down to "professionalism possible" and. the rest of it is out. Ms. Mirus said 5 A referred. to Mayor also. Mayor Sackett said this should be Gonunission. He suggested with Deputy Mayor Maingot's suggestion to stop at "professionalism". Commissioner Bundy said they could ;stop after the first sentence. He stated "Employee shall be "on call" 24 hours a day and agrees to make himself available as needed." was all that was needed. Mr. Jackson suggested they may want to consider leaving in, for during the course of a normal business day, "Employee ~~.grees that at all times, including personal time as set forth herein, he will conduct himsel:(' in a professional manner and not bring discredit to the City or to the operation of its business. The. Commission will consider, among other things, Employee's use of personal time off during its annual performance evaluation of him." He stated he was not characterizing the candidate in this context, but ii' he was to leave work, and participate in some ~ activity during the day that would brint; discredit, they have not taken note of it. He said this would give the Commission some control and accountability of his time that would be a normal business day. CC 03-30-09/211 Mayor Sackett inquired if anyone had anything for Item 6 A-F. , Mr..Jackson said the candidate had no exceptions to Item 6. Commissioner Bundy said that 6 F was. too subjective to be left in. Mr. Dayes said this was boiler plate language. Commissioner Bundy suggested deleting paragraph F completely. It was the consensus of the Commission to delete paragraph F. Mr. Jackson said there was no problem with the. first part of 7 A. However, when you get to subparagraph one, on severance, the.City :had indicated to receive 30 days severance pay within the first year, then move onto 90 days in the second year. The City's intent. was to negotiate after the second year for additional time. He stated Mr. Grace's starting point was. six months severance from the inception. He pointed out that ICMA has a model policy that indicates a year's severance. Commissioner Bundy said he would say no to this request. Mr. Jackson said there was another condition tied to the six months severance in that they have indicated if he receives a severance package and he should become ; employed at anytime during the seyerance,.he forfeits any remaining amount of his severance package. Mayor Sackett inquired if there would be anyway to get the six months severance in by starting it after three years of employment. Commissioner Bundy said it gives a negotiating leverage at the end of ttivo years. He stated if you give six months, then you are saying you are going to pay him $65,000 to go away. He said what they came up with was fair and equitable. Mayor Sackett questioned if you take a job based on what the Severance Package is. Commissioner Holt left the meeting at 6:20 p.m. and returned at 6.:21 p.m. Commissioner Bundy used the Chief of Police as an example and said his severance pay would be what vacation hours he had accrued. Deputy Mayor Maingot said they could add something after "...Employee shall receive 90 days severance pay and benefits under this Agreement." He suggested adding "Thereafter, we may consider modifying the severance benefits." Mayor Sackett said this was in Paragraph 4. He suggested maybe Paragraph 4 needs to be brought up forward. He stated he liked that after two years they will ~.J CC 03-30-09/212 ~ negotiate the severance. He said perhaps they need to not base the severance on :further employment. Deputy Mayor Maingot agreed that Paragraph 4 needed to be brought up as Paragraph 3 and move Paragraph 3 to 4. Mr. Dayes said the difference was that Paragraph 4 reference was not only renegotiation of the severance pay, but benefits were also included. Mayor Sackett inquired if Mr. Grace r.~oticed Paragraph 4. Mr. Jackson responded in the affirmative. He said the Commission would need final confirmation from him, knowing where the Commission's final position is. He affirmed that six months severance was his minimum and he indicated this was probably a deal breaker. Deputy Mayor Maingot suggested bolding "...the terms and conditions of Employee's severance pay and benefit~~ shall be subject to renegotiation between the parties to this Agreement.'' Mayor Sackett inquired if he would also notice what they have done in the pages ~ prior to this section. Mr. Jackson said if he were in -that position, he would consider all the movement made. Mayor Sackett said they would stay where they are with Item 7. He stated he was hoping he would see the steps that have; been made toward a mutual agreement prior. Deputy Mayor Maingot suggested additional language in Item 6 to read "The City, at its discretion, may waive the 3f? days notice and release employee immediately." Commissioner Bundy said this would allow the City to waive his giving a 30 days notice.:1=Ie stated the City would have to pay him for that period of time. It was the consensus of the Commission to add this language. Mayor Sackett said the next Item was Termination by the City. Mr. Jackson said there was no issue with B 1 and it was by Charter. He had no exception with B 2 or B 2 (a). He stated under B 2 (b) that Mr. Grace wanted severance pay with the option to take a.job without interruption or a lump sum buyout. He said some of this thought re:Flects back to subparagraph 5 above and 7 A (1) and (2). He stated if it was determined there this was a liquidation of damages for job loss, then it was a settlement, but yet his employment by another entity would interrupt that settlement. H:e reiterated that Mr. Grace's request was CC 03-30-09/213 to either continue his bi-weekly installment until paid in full, or he wanted it in a lump sum buyout upon termination. ~ Mayor Sackett said he believed this was common. He inquired if changing the severance agreement because he took another job later was a problem. Mr. Dayes said this was something he would like to check on. Commissioner Bundy said, as Mr. Jackson pointed out, there may be some discrepancy in 5 A where it states "...severance shall be deemed to be liquidated damage." He suggested they may need to delete that portion. He stated the reason an Administrator .gets a severance package was because it does take some time to obtain other employment. He said when someone was drawing unemployment, they continue until they get another j ob and it stops. He stated he did. not like the thought of paying someone for not working, when they were being paid at another job to work. He declared he would not mind it being tied to equal salary and the City pay the difference if the job was at a lesser rate. Mayor Sackett said at this level, to go out and obtain a job in thirty to ninety days . may not be doable. He inquired if it was okay for the City to get engaged in what he is making. at the next job. Mr. Dayes said if he were trying to prove damages occurred in his former ~ employment as City Administrator and his new job, the only way to do this is by showing the loss. He stated the two items here in 5 and subsection (b) do not ~ necessarily have to conflict, but they could if he does take a lower position. He said adding additional language in (b) that references a difference in compensation could address that issue. Mayor Sackett said if they were going to stipulate iFhe gets another job, why not give him the six months severance. If he gets a job in three weeks they would be done. Deputy Mayor Maingot inquired what the Attorney's recommendation would be. Mr. Dayes said if they were telling him he cannot have six months severance from day one, like he has requested, but then they remove subsection (b), which takes out the part if he gets gainfully employed thereafter, could be the compromise in not paying the six month severance and satisfying the conflict between this and the other provisions. Mayor Sackett said that now they are making at three months severance and that may be a negotiating item. Deputy Mayor Maingot said beyond six months was one way of negotiating after two years. ~i CC 03-30-09/214 Mr. ;fackson said he saw the model policy in the ICMA Manual and they suggest ~ that a City Manager not leave employment on his own within a two year period. He stated if he were to leave the City in a year, the exposure is approximately $12,000. He said if an Administrator leaves within a year, it is probably due to a very poor job performance. He stated. he did not know how far out they would want to reward somebody who comes along and idles along. He said he would expect a longer employment by this candidate, so if they go the two year mark which is 90 days, the exposure woulc( be approximately $36;000. He stated if they want to make this contingent that after two years he is entitled to the first six weeks uninterrupted, should he get a.job or not, at least he knows he is guaranteed the fist half should he obtain another job. It was the consensus of the Corrunission to his being guaranteed the first 45 days tuuntemipted severance after two years employment. - Mr. Jackson said he had no exception taken .to Item C or D. Commissioner Btmdy said there was one thing that needed to be added to 7 D that upon execution of the agreement the City Commission be provided with an immediate update on the status of all City projects. ~ Mr. Jackson said under 3, the opening statement "The City shall have no ~ obligation to pay any compensation or to provide Employee with health/major medical insurance under paragraph 7 A (1)..." that Mr. Grace took issue with all of these reasons as most of them were a little subjective. Discussion ensued. Mayor Sackett inquired if (a) through (;h) had to be listed. He said if it states "...unless otherwise required by law, ia^Employee is terminated for any, or a combination of, the following reasons..." He suggested they just say "If the Employee is terminated" and not list all of those reasons. Commissioner Bundy said as long as it includes a felony or a misdemeanor. Mayor Sackett. said if it reads "...in the event Employee is charged with a felony or a misdemeanor, the City shall have no obligation to pay Employee under paragraph 7 A (1) and/or (2) tulles and. until a judgment of acquittal is entered by the Court." Commissioner Bundy said this did not 1:ake care of (3) because this states they do not. have, to pay him and (3) say s they a~n terminate- him for these reasons and not have to pay him. He stated he had no problem Frith this being subjective because ~ it is up to the Commission to make that determination. Mayor Sackett inquired if it would work if they stop after the word "terminated" and not list the reasons, then just do the restated bottom paragraph. CC 03-30-09/215 Commissioner Bundy said they need to outline the reasons for being terminated. He suggested they keep all of the reasons, except for perhaps £ ~ It was the consensus of the Commission to keep (a); (b), (c), (d), (e), 'and (g). Commissioner Bundy said if he is charged with something like this, he will not be fired until convicted,. but they do not have to pay him until he is found innocent. Mayor Sackett said next was Notice and Consent. Mr. Jackson said there was no exception there on A or B. Mayor Sackett inquired if there was anything under Miscellaneous A or B. Mr. Jackson responded in the negative. Commissioner Holt said B shoulel be removed. It was the consensus to remove B.. Mr. Jackson said there were no exceptions with C, D, E, or F. Deputy Mayor Nlaingot said under D where it said signed by the parties." should mean "signed by the Employee and Commission." Commissioner Bundy suggested adding "both" in front of "parties". Mr. Jackson said there were no exceptions to G. Commissioner Holt said the. situation came up with the former Administrator and he would like to make sure it is in the contract that the purchase of any City property has to go through the proper procedures for surplus sales. 1VIr. Jackson suggested they add something that says in the event the City Administrator wishes to purchase surplus items owned by the City, that purchase have prior approval of the City Commission. Mayor Sackett said they would have the Attorney provide what the final summary of today's amendments. He inquired if this should be put forward to the Personnel Manager. Mr. Jackson said Mr. Grace asked that he be contacted tonight to understand what the. City's position is. He stated Mr. Grace may come back with a counter, but it would be relative to whether this is the Commission's final position. Commissioner Bundy suggested he let Mr. Grace know some items they made ~ concession on, and the. items they made no concessions to. He said if Mr. Grace CC 03-30-09/216 ~ considers the Severance Package a dE,al breaker, then he would rather him just say so. Mayor Sackett said he would rather see .something in writing from the Attorney and then the Administrator sit down `vith Mr. Grace so he can see what it is rather than something over the telephone. Commissioner Holt said to ernphasizf; they met from 4:30 to 7:15 p.m. to go over this and also emphasize the history behind this. Commissioner Bundy said if it is presented in writing, it needs to be presented as a draft. Mr. Jackson inquired if it was the direction not to contact Mr. Grace and disclose what they have talked about over the last three hours in public fonun. Mayor Sackett suggested not 1:onight, because :Mr. Jackson would have to reflect and summarize to get it in order. He said if he went through and focused on those three items that were deal breakers, he might not notice the other things. they talked about. He stated he wanted Mr. Grace to see it as a fiill package. . Deputy Mayor Maingot suggested he could tell. Mr. Grace they have done their very best to accommodate his concern:;. Mr. Jackson said he was sure Mr. Grace would. ask those three questions, the car, severance and the continued severance after employment which were the three major issues. Mr. Dayes inquired if there was a consensus on the vacation. Mayor Sackett said it was three weeks, but it locks at 240 hours. Mr. Jackson explained his carry over would be 240 hours,, but he can accnie up to 360 hours because of the way the math works. He said if he has more than 240 hours September 30th then he would loge the excess. 3. ADJOURN. Mayor Sackett adjourned the meeting at 7:14 p.m. Brian D. Sackett yor ATTEST: ~ttw Sarah M.1Vlirus, CMC, MBA City Clerk CC 03-30-09/217 This Page Left Blank Intentionally. CC 03-30-09/218