Loading...
R02-168RESOLUTION NO. R02- I/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF APPOINTMENT FOR JOHN MCNALLY, MANAGER OF THE ITS DEPARTMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, due to the technical and professional expertise and experience required in the operation of the Information Technology Systems (ITS) Department, it is deemed to be in the best interests of the City to enter into a Letter of Appointment for John McNally as Manager. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. by this reference. The foregoing Whereas clauses are true and correct and incorporated herein Section 2. The City Commission of the City of Boynton Beach, Florida authorizes the City Manager to enter into a Letter of Appointment for John McNally, Manager of the ITS Department, a copy of which Letter of Appointment is attached hereto and made a part hereof. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this !'~ day of September, 2002. CITY OFTBOYNTON BtiACH;. FLORIDA Commissioner S:\CA\RESO\Employment Matters\McNally RESO - APPOINTMENT LETTERS ADDENDUM.doc LETTER OF APPOINTMENT OF -' JOHN McNALLY ITS MANAGER September [ 3 , 2002 Mr. John McNally City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Mr. McNally: I am pleased to offer you an appointment to the position of Manager, ITS Department. By accepting this position you are representing to the City that you have reviewed the job description for the position and that you possess the professional expertise and experience to perform the services to be provided by you pursuant to the terms of this appointment. The position of Manager, ITS Department is a contractual, specialized field position subject to appointment by the City Manager and not a civil service position. The City's Civil Service Rules and Regulations are not applicable to the position and by accepting the position you are waiving any rights you may have enjoyed under those rules and regulations. The provisions of the City's Personnel Policy Manual (PPM), as amended from time to time, are applicable to you, except as listed below. The following Chapters of the PPM have no application to you: Chapter II Employment. Chapter III Compensation. Chapter III Compensation. Chapter III Compensation. Chapter VII Resignation Chapter IV Benefits. Chapter IV Benefits. Chapter IV Benefits. Chapter III Compensation. Chapter VI Discipline. Chapter VI Discipline. 02. Recruitment and Selection 02. Overtime 03 Callback and On Call 04. Compensatory Time 01. Termination Pay 09. Retirement Benefits 02. Vacation Leave 03. Sick Leave with Pay 06. Incentive Pay System 0l. Disciplinary Actions 02. Formal Grievances SSCAL&GMTS\Dratt Agreements KBXMcNalIy DRAFT LETTER OF APPOINTMENT.doc If you accept .thi's appointment you will be an "at will" employee of the City and you have no vested right ot property right in your position. You acknowledge that there has been no representation or promise, expressed or implied fixing the term of your appointment. The job description for Manager, ITS Department is attached as Exhibit "A", and you agree to provide the City with the services included in that job description. Except as otherwise expressly provided by this Appointment, as Manager of the ITS Department you shall at all times: Devote all your time, attention, knowledge, and skill solely and exclusively to the business and interests of the City during normal working hours and at City related events after normal business hours. Perform your duties and obligations faithfully, industriously, and to the best of your ability. Not engage in conflicting outside employment except with prior written authorization of the City Manager or his designee. Keep the City Manager or his designee fully informed in advance of all travel and activities that take you out of the office for more than a day at a time. All travel must receive prior written approval of the City Manager or his designee. A performance evaluation will be conducted by April 1st of each year, commencing April 1, 2003, and each and every April Ist thereafter. In addition, a mid-term evaluation will be conducted by November Ist of each year, commencing November 1, 2002 and by every November 1st thereafter. The review and evaluation shall be in accordance with performance criteria developed by the City Manager or his designee. The criteria may be added to or deleted from as the City Manager or his designee may from time to time determine. Further, the City Manager or his designee shall provide to you a summary written statement of the evaluation and provide an adequate oppommity for you to discuss your evaluation with the City Manager or .his designee. Periodically, you will meet with the City Manager or his designee and define such goals and performance objectives that are determined necessary in attainment of the objectives and shall further establish a relative priority among those various goals and objectives, which shall be reduced to writing. Such goals and objectives shall be generally attainable within the time limitations as specified in the annual operating and capital budgets and appropriations provided by the City. Compensation reviews are not subject to any specific formula applicable to other City personnel. Wage adjustments shall be at the sole discretion of the City Manager or his designee and are subject to the appropriation of funds by the City Commission. S:\CA',AGMTS\Draft Agreemen~ KJ3'uMcNally DRAFT LETTER OF APPOINTMENT.doc Your compenjatibn:~md other m'onetary benefits are as follows: You shall receive an annual salary of SIXTY NINE THOUSAND THREE HUNDRED FORTY-TWO and 00/100 DOLLARS ($69,342.00), payable in equal insi~.llments paid at the same intervals as the City's management personnel are paid. · The City shall pay or reimburse you consistent with reimbursement policies for City managerial employees. · You shall receive the same Health Insurance benefit provided to non-union City employees hired after 10/1/91. · You shall receive the Management Incentive Package, which became effective in 2001 for Supervisory Management Employees. · You shall receive the same benefit Disability Insurance provided to non-union City employees hired after 10/1/91. You are currently enrolled in, and shall enjoy all benefits provided under the General Employee Pension Plan. You shall receive the same Retirement System benefit provided to non-union employees hired after 10/1/91. · You shall be entitled to observe the same paid legal holidays as managerial employees hired after 10/1/91. · You shall be entitled to observe the same vacation accrual as managerial employees hired after 10/1/91. You shall accumulate sick leave as provided under the rules and regulations for other managerial employees of the City, including pay-out for unused sick leave on termination based on the standard for employees of the City hired after October l, 1991. If you accept the appointment, the City shall defend and indemnify you against all claims and actions, civil or criminal, provided the claims or actions arise out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment; and pay any judgment that may be entered against you in a civil action arising out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment, except a judgment based on intentional wrongdoing by you. The City reserves the right to select, appoint, retain, or discharge legal counsel necessary to provide the foregoing defense. The effective date of your appointment is April l, 2002. S:\CAXAGMTS\Draft Agreements KBXMcNally DRAFT LETTER OF APPOINTMENT.doc This Appointment shall terminate: a. At any time by mutual agreement of you and the City; b. Upon your sustained inability for all or substantially all of 180 calendar days in a 190 day period to perform all of your duties and obligations pursuant to this Appointment as a result of physical or mental illness or condition, which inability shall be verified at the City's expense (to the extent not covered by applicable medical insurance maintained by the City) by a licensed physician within fifteen days of a request for selection. The examining physician will be selected solely by the City; c. At any time by the City Manager or his designee's and City Commissions' unilateral termination of your Appointment for the position. Unilateral termination shall be in writing, signed by the City Manager or his designee, and need not reflect performance-related reasons; d. Your death; e. Your resignation. A resignation shall be submitted in writing and shall provide for an actual resignation date no later than thirty (30) days following the date of notice of resignation. If this Appointment is terminated by unilateral action by the City Manager or his designee, you shall be entitled only to: a. Reimbursement for as-yet non-reimbursed expenses pursuant to this Appointment; b. An amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired prior to 10/1/91; c. An amount for the accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the scheduled/formula for non-union employees hired prior to 10/1/91; d. Ninety (90) days of prorated base salary calculated as follows: Your annual base salary as of the termination date, shall be divided by 365 days, and that amount shall be multiplied by 90 days, less customary taxes/withholdings. If this Appointment terminates upon mutual agreement of the parties, you shall be entitled to: Reimbursement for as-yet non-reimbursed expenses pursuant to this Appointment; An amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91; An amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91. S:\CAkAGMTSXDraft Agreements KBXlVlcNally DRAFT LETTER OF APPOINTMENT.doc If this Appoihtmem terminated due to your physical disability or death, you or your beneficiary, guardian or personal representative shall be entitled only to the following compensation and benefits: Base salary through the date of resignation or such other date as mutually agreed to between you and the City Manager or his designee; Reimbursement for as-yet non-reimbursed expenses pursuant to this Appointment; An amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/l/91; Life and/or disability benefits if applicable. No modification of or amendment to this Appointment shall be valid unless reduced to writing and signed by both parties. No collective-bargaining agreement to which the CITY is a party shall in whole or in part govern, apply to, or be deemed part of or incorporated into this appointment. Any civil action arising out of this Appointment or the nonperformance or breach of any covenant contained in it shall be brought only in Palm Beach County, Florida. The CITY's waiver of any breach of any term, condition, or covenant of this Appointment shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this appointment. This Agreement shall be binding on and inure to the benefit of your heirs and personal representatives and, the City regardless of changes in the persons holding office as members of the City. If any provision of this Appointment or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remaining provisions of this appointment or their application to other parties or circumstances. This appointment and the terms, conditions, and covenants contained in it shall be governed by and construed in accordance with the laws of the State of Florida. This appointment letter contains the entire agreement between the City and you. All prior agreements and understandings, whether written or oral, pertaining to the City's appointment of you are fully abrogated and of no further force and effect from and after the date of this appointment letter. S:\CA~GMTS~Draft Agreements KBXMcNally DRAFT LETTER OF APPOINTMENT.doc Regardless of which party's counsel prepared the original draft and subsequent revisions of this lette$ 6f appointment, the appointee and the City and their respective counsel have had equal opportunity to contribute to and have contributed to its contents, and this Appointment shall not be deemed to be the product of and, therefore, construed against either of them. The omission from this letter of a term or provision contained in an earlier draft of the letter shall have no evidentiary significance regarding the intent of the parties. If the foregoing terms and conditions are acceptable to you, please sign and date the original of this letter, in the space provided below, and remm it to me. Kurt Bressner Dated: S:\CALAGMTS\Draft Agreements KBhMcbIally DRAFT LETTER OF APPOINTMENT.doc Class Code 06029 Grade: 36 54,741 / 65,690 / 82,113 FLSA: E CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: MANAGER, INFORMATION TECHNOLOGY SERVICES PURPOSE OF CLASSIFICATION The purpose of this classification is to manage the city's information technology systems including all ASa00 computers, personal computers, local area networks and electronic mail systems, and to serve as liaison to city staff in coordinating related technical support and training. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining, and completing employee performance appraisals. Prioritizes, assigns, and directs daily work of department staff; reviews or verifies completed work and confirms status of computer operations; provides guidance and training to department staff in performing assigned job duties. Confers with department directors, city officials, and others regarding the needs, capabilities, and problems of the city's information technology systems. Serves as liaison with city staff in responding to departmental inquiries, needs, and problems regarding the AS400 and personal computers. Develops and implements policies and procedures for the city's information systems. Performs department administration duties including reviewing and approving payroll, coordinating purchasing and human resources activities, performing finance and budget duties. Recommends outsourcing of computer maintenance and repair work; prepares and processes contracts and facilities work requisitions. Participates in the purchasing of computer equipment and materials in city departments by meeting with department representatives to assess needs; researches pricing and availability of products and services; assists in developing bid specifications; assists in analyzing bids and making award recommendations. Develops, upgrades, and maintains AS400 applications related to finance, human resources, development, utility services billing, public safety and other areas of city government operations. David M. Grif'fith & Associates, Ltd. Page I Last Revised: November, 1998 Rate Revised: October 2001 Cit~ of Boynton Beach, Florida, Manager, Information Technolocj7 Services 06029 Designs, programl(~gi~ i~tructions by'coding in Visual Basic, and other programming languages. Analyzes, diagnoses and troubleshoots problems on AS400 computers; sets up and configures hardware components. Administers NoVell h~t-raNetWare Operating System and the Microsoft NT Server Operating System. Controls network operations by establishing user accounts, security levels, and access rights. Installs computer hardware systems and peripherals; installs software and utility applications on computers and network servers; configures modems and software for dial-in access; sets up access to network systems for remote dial access. Adds, removes, and replaces hardware system components on network servers to increase capacity and efficiency; modifies software applications or network operating systems to remedy problems, add features or increase performance. Sets up and modifies database codes on department computer systems. Designs, troubleshoots, and repairs problems on personal computer hardware, local area networks, databases and printers. Trains computer users on the use and features of desktop software applications such as Microsoft Word, Excel, Access, Powerpoint, PageMaker and Outlook. Maintains knowledge of the laws, practices and trends related to information technology systems by attending conferences and seminars and by reading professional journals. Refers to on-line computer help, Intemet, computer manuals, technical documentation, trade magazines, catalogs, price lists, budgets, contracts, blue prints, schematics, and other documents in performing management duties. As directed, provides assistance in the development and selection of the City's network infrastructure. ADDITIONAL FUNCTIONS Performs other related duties as required. MINIMUM QUALIFICATIONS Bachelor's degree in computer science, computer programming, business administration, or closely related field; supplemented by six (6) years previous experience and/or training in computer programming and information systems analysis, including experience in a supervisory capacity;, or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Microsoft certification is required. PERFORMANCE APTITUDES Data Utilization: Requires the ability to coordinate, manage, and/or correlate data. Includes exercising judgment in determining time, place and/or sequence of operations, referencing data analyses to David M. Griffith & Associates, Ltd. Page 2 Last Revised: March, 2.000 Rate Revised: October 2001 Cib/of Boynton Beach, Florida · Mana~ler, Information Technology Services 0602q determine necessity f~ revision o.f organizational components, and in the formulation of operational strategy. Human Interaction: Requires the ability to function in a managerial capacity for a division or organizational unit. Includes the ability to make decisions on procedural and technical levels. Equipment~ Machinery, Tools~ and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, advisory and/or design data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and diws~on; ability to calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may include ability to compute discount, interest, profit and loss, ratio and proportion; may include ability to calculate surface areas, volumes, weights, and measures. Functional Reasoning: Requires the ability to apply principles of logical or synthesis functions; to deal with several concrete and abstract variables; and to analyze major problems that require complex planning for interrelateq activities that can span one or several work units. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the direction, control and planning of an entire program or set of programs. ADA COMPLIANCE Physical Ability: Tasks require the ability to ~xert very moderate physical effort in light work, typically involving some combination of stooping, kneeling, crouching and crawling, and which may involve some lifting, carrying, pushing and/or pulling of objects and materials of moderate weight (12-20 pounds). Sensory Requirements: Some tasks require the ability to perceive and discriminate colors or shades of colors, sounds, depth, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental conditions. The City of Boynton Beach, Flodda, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. David M. Gfiffith & Associates, Ltd. Page 3 Last Revised: March, 2000 Rate Revised: October 2001 .' i .ADDENDUM TO LETTER OF APPOINTMENT This Addendum dated the 9Cday of , 2002, amends the Letter of Appointment between the City of Boynton Beach and John McNally. Unless expressly modified by this Addendum,. the:original terms of the Letter of Appointment shall remain in full force. The Letter of Appointment is amended to read as follows: BASE SALARY. The City shall pay to John McNally an annual salary of Sixty Six Thousand Forty and 00/100 Dollars ($66,040.00) Dollars, and payable in equal installments at the same intervals as the City's management personnel are paid. APPLICATION OF PPM. Except as listed below, in those instances when both the Appointment Contract and this Addendum are silent, regarding a employment term or condition which is applicable to general City employees as set forth in the City of Boynton Beach Personnel Policy Manual (PPM), as amended from time to time, then in that circumstance the term or condition provided to general City employees in the PPM shall apply to John McNally. Chapters of the PPM have no application to you: Chapter II Employment. 02. Recruitment and Selection Chapter III Compensation. 02. Overtime Chapter III Compensation. 04. Compensatory Time Chapter VII Resignation 01. Termination Pay Chapter IV Benefits. 09. Retirement Benefits Chapter IV Benefits. 02. Vacation Leave Chapter IV Benefits. 03. Sick Leave with Pay Chapter III Compensation. 06. Incentive Pay System Chapter VI Discipline. 01. Disciplinary Actions Chapter VI Discipline. 02. Formal Grievances The; following 22 In the event of a conflict between the Letter of Appointment and this Addendum, this Addendum shall control. The foregoing provisions represent the agreemen~,;3~,ho, pcrtiey)fi~d slgrl.atl~e of.~ parties. ! t ~: l J ! ! [fi~] ~,~m~C'//'~t, Oc-,t.~ Dated: Olq[OL- r& ~ ~.'~ K~ ~}~sfier ' ~M McNally ! City M~ager .: become effectivI upon Dated: /o~ ~ [:,k;,o';,-- S:\CA~AGMTS'~Employment AgreementskMcNally Addendum Revl00902.doc