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R00-162RESOLUTION NO. R00-/~,~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CONFIRMING THE APPOINTMENT OF ALBERT E. (WALLY) MAJORS AS THE DIRECTOR OF RECREATION OF THE CITY OF BOYNTON BEACH, FLORIDA AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPOINTMENT CONTRACT ON BEHALF OF THE CITY WITH ALBERT E. '(WALLY) MAJORS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon the recommendation of staff, the City desires to employ the services of Albert E. (Wally) Majors as the Director of Recreation of the City of Boynton Beach, Florida; and WHEREAS, it is the desire of the City Commission to provide certain benefits and requirements regarding the employment of Albert E. (Wally) Majors by the City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby confirm the appointment of Albert E. (Wally) Majors as the Director of Recreation of the City of Boynton Beach, Florida and authorizes the City Manager to execute an Appointment Contract on behalf of the City of Boynton Beach with Albert E. (Wally) Majors, said Contract being attached hereto as Exhibit "A", and incorporated herein by reference. Section2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~,~/ day of November, 2000. C~sioner Commissioner ATTEST: November 13, 2000 Mr. Wally Majors Acting Recreation Director City of Boynton Beach Re: Appointment Letter - Recreation Director, Boynton Beach Dear Mr. Majors: I am pleased to offer you an appointment as the Recreation Director under the following terms and conditions: By accepting this position you are representing to the City that you have the professional expertise and experience to perform the services to be provided to you pursuant to the terms of this Agreement. You have been advised and understand that the position you are accepting is not a civil service position and the City's Civil Service Rules and Regulations are not applicable to you. By entering into this agreement, you waive all rights under the City's Civil Service system. You will be an at will employee of the C. ity and you acknowledge that there has been no representation or promise, expressed or implied fixing the term of your appointment, except as provided for herein. The job description for Recreation Director is attached as Exhibit "A, and that you agree to provide the City with the services included in the job description. Except as otherwise expressly provided by this Appointment, as Recreation Director you shall at all times: a. 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. b. perform your duties and obligations faithfully, industriously, and to the best of your ability. c. not engage in conflicting outside employment except with prior written authorization of the City Manager. d. keep the City Manager 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. I will, as City Manager, cause the review and evaluation of your performance at least once annually in advance of the adoption of the annual operating budget. The review and evaluation shall be in accordance with performance criteria developed by the City Manager, which criteria must be provided to you in advance of the commencement of the period of evaluation. The initial performance criteria is as set forth on Exhibit "B", attached hereto. Subject to discussion with you, criteria may be added to or deleted from as the Manager may from time to time determine. Further, the Manager shall provide to you a summary written statement of the evaluation and provide an adequate opportunity for you to discuss your evaluation with the Manager. Periodically, you will meet with the City Manager or his designee and define such goals and performance objectives that are determined necessary for the proper operation of Recreation and Community Event Services 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 and are subject to the appropriation of funds by the City Commission. You shall receive an annual salary of Fifty Five Thousand ($55,000) Dollars, payable in equal installments paid at the same intervals as the City's management personnel are paid. The City agrees to execute all necessary agreements provided by the International City Management Association-Retirement Corpor,.ation (ICMA-RC) or the Public Employees Benefit Corporation (PEBSCO) for your participation in said ICMA-RC or PEBSCO retirement plan, and in addition to the base salary paid by the City to you, the City agrees to pay $4,500.00 into the ICMA-RC or PEBSCO on your behalf, in equal proportionate amounts each pay period, and to transfer ownership to succeeding City or you upon your resignation or discharge. This amount is in addition to any amount that you may wish to continue contributing at your cost. 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 prior to 10/1/91. You shall receive the same benefit Disability Insurance provided to non-union City employees hired prior to 10/1/91. You shall receive the same Life Insurance benefit provided to non-union City employees hired prior to 10/1/91. You shall receive the same Retirement System benefit provided to non-union employees hired prior to 10/1/91. You shall be entitled to observe the same paid legal holidays as non-union employees hired prior to 10/1/91. You shall be entitled to observe the same vacation accrual as non-union managerial employees hired prior to 10/1/91. -2- 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 prior to October 1, 1991. The City shall: a. 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 b. 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. c. reserves the rights to select, appoint, retain, or discharge legal counsel necessary to provide the foregoing defense. Your appointment and the term of this Appointment shall commence on the date of execution. 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 or substantially 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 mutually agreed upon by you and the City, provided that state or federal law or regulation would not preclude or prohibit your separation under the condition. In the event the parties are unable to mutually agree on a 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's unilateral termination of your Appointment for the position. d. your death. e. your resignation. A resignation shall be submitted in writing and shall provide for an actual resignation date no later than forty-five (45) days following the date of notice of resignation. Unilateral termination shall be in writing, signed by the City Manager, and need not reflect performance-related reasons. If this Appointment is terminated by unilateral action by the City Manager, you shall be entitled only to: -3- a. Prorated base salary for the effective date of the termination plus ninety (90) days, calculated as follows: Employees annual base salary shall be divided by 365 days, and that sum shall be multiplied by 90 days, less customary withholding. b. Credit of a maximum of $1,125 into your ICMA/RC or PEBSCO account. This amount represents 25% of the annual amount of $4,500 agreed to be paid on your behalf into the ICMA/RC or PEBSCO by the City. c. reimbursement for as-yet unreimbursed expenses pursuant to this Appointment; d. 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 before 10/1/91; e. 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 before 10/1/91. f. the total accrued deferred compensation in the ICMA-RC or PEBSCO as contributed by you or the City on your behalf, or execution of a transfer agreement with a successor public agency. If this Appointment terminates upon mutual ~tgreement of the parties, you shall be entitled to: a. reimbursement for as-yet um'eimbursed 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 after 10/1/91; c. 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; d. the total accrued deferred compensation in ICMA/RC or PEBSCO as contributed by you or on your behalf by the City, or execution of a transfer agreement with a successor public agency. If this appointment terminates due to your physical disability or death, you or your guardian or personal representative shall be entitled only to the following compensation and benefits: the CITY; a. base salary through the last day that you performed services to or on behalf of b. reimbursement for as-yet um'eimbursed expenses pursuant to this Appointment; c. an amount for accrued and unused siCk and vacation leave, not to exceed the -4- maximum number of days permitted by law, according to the schedule/formula for non-union employees hired before 10/1/91; and d. life and/or disability benefits if applicable. e. the total accrued deferred compensation in ICMA/RC or PEBSCO as contributed by you or on your behalf by the City. If this appointment terminates due to your resignation, you shall be entitled only to the following compensation and benefits: a. base salary through the date of resignation or such other date as mutually agreed to between you and the City Manager b. reimbursement for as-yet unreimbursed expenses pursuant to this Appointment; c. 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 before 10/1/91; d. life and/or disability benefit, s if applicable. e. the total accrued deferred compensation in ICMA/RC or PEBSCO as contributed by you or on your behalf by the City, or execution of a transfer agreement with a successor public agency. 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 off a. Your heirs and personal representatives; and b. 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 -5- 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. Regardless of which party's counsel prepared the original draft and subsequent revisions of this Appointment, and the City and their respective counsel have had equal oppommity 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 di:aft 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 the original of this letter in the space provided below and return it to ~me. Very truly yours, Kurt Bressner City Manager Wall~ M~ jf~r~~~ted: s.ca\agr,,emp~laj~ Rev 11/12/00, 11/13/00 -6- EXHIBIT "A" CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION Class Code 61019 Grade 37 53,224 / 63,869 / 79,836 FLSA: E CLASSIFICATION TITLE: DIRECTOR, RECREATION PURPOSE OF CLASSIFICATION The purpose of this classification is to oversee operations and administration of the Recreation Department, and to direct the design, development and construction of recreation facilities and programs. ' · 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; .interviews and selects new employees; provides training and development. Coordinates daily work activities; organizes, prioritizes, and assigns work; monitors status of work in progress and inspects completed work; consults with assigned staff, assists with complex/problem situations, and provides technical expertise. Ensures compliance with all applicable codes, laws, roles, regulations, standards, policies and procedures; ensures adherence to established safety procedures; initiates any actions necessary to correct deviations or violations. Consults with manager, city management, city commissioners, and other officials as needed to review division activities, provide recommendations, resolve problems, and receive advice/direction; serves in advisory capacity to city manager and city commission in all matters pertaining to recreation services, programs, and facilities. Coordinates division programs/activities with other divisions, other departments, Community organizations, businesses, outside agencies, or others as needed; coordinate~/consults with other agencies/organizations to conduct surveys, assess program needs, provide new programs, secure sponsorship funding, eliminate duplication of services, and ensure harmonious working relationships. Prepares and justifies recreation division budgets, including general fund, enterprise fund, and capital fund; monitors and controls expenditures; directs revenue development and solicitation of corporate sponsorships; coordinates grant writing for recreation division; writes/reviews contracts. Establishes short and long range strategic plans to achieve goals through involvement of staff, business leaders, and community members; directs marketing, promotion, public relations, and publicity operations for the division; develops marketing plans. Interprets and promotes city policies and recreation division programs; formulates operating policies and regulations. Publicizes programs through press releases, speeches and radio addresses, through representation on .interagency councils and committees, and through ongoing contacts with public/private community agencies/organizations. David M. Griffith & Associates, Ltd. Page 1 Last Revised: November, 1998 Cit~ of Boynton Beach, Florida · Director, Recreation 61019 Represents the city as liaison to various city boards and local/regional agencies; attends meetings; serves on committees as needed; makes speeches or presentations. Plans, supervises, and coordinates municipal recreation programs; ensures that diversified recreational programs, facilities, and services are provided for all groups, ages, abilities, and interest levels; monitors/ensures the effective and efficient delivery of recreation programs and services to city residents; coordinates the planning, acquisition, design, development, improvement, construction, and renovation of recreation/park facilities and programs; analyzes data, identifies trends, and takes corrective action for continuous improvement of division systems, processes, programs, facilities, and staff; makes site visits to observe and evaluate recreation programs and facilities. Leads, guides, and coaches citizen project teams such as Children & Youth Advisory Board, All America City 2001, America's Promise, and Kid's Kingdom playground design, fundraising, and construction; coordinates activities of community volunteers on each project. Leads/facilitates city staff and business/community leaders' teams towards consensus on major projects and special events; coordinates community focus groups and strategic planning teams. Leads city-wide marketing team to produce videos, apply for awards, and enhance city image. Assists with special projects as needed. Performs administrative tasks; prepares or directs preparation of periodic/special reports; submits reports to city manager, city commission, city advisory board, and local/state agencies; establishes and updates division policy manual, developmental programs for youth manual, and new employee orientation manual. Prepares or completes various forms, reports, correspondence, project status reports, attendance reports, statistical analyses/reports, monthly reports, special project reports, budgets, income statements, revenue/expenditure summaries, purchase orders, contracts, presentations, flow charts, performance appraisals, or other documents. Receives various forms, reports, correspondence, revenue/expenditure reports, budgets, attendance reports, customer satisfaction surveys, construction project management reports, demographic data, civil service policy, union contracts, blueprints, zoning maps, codes, ordinances, laws, regulations, policies, manuals, professional journals, reference materials, or other documentation; reviews, completes, processes, forwards or retains as appropriate. Operates a computer to enter, retrieve, review or modify data; utilizes word processing, spreadsheet, database, presentation, communications, or other software programs. Answers the telephone; provides information, guidance and assistance; takes and relays messages or directs calls to appropriate personnel; returns calls as necessary. Commmicates with supervisor, city management, commissioners, employees, volunteers, other divisions, other departments, city advisory boards, city attorney, business leaders, community organizations, fire officials, medical persounel, government agencies, architects, engineers, the public, outside agencies, and other individuals as needed to coordinate work activities, review statm of work, exchange information, resolve problems, or give/receive advice/direction. Responds to complaints and questions related to division operations; provides information, researches problems, and initiates problem resolution. Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an awareness of new trends and advances in the profession; reads professional literature; maintains professional affiliations; attends workshops and mining sessions as appropriate. © David M. Griffith & Associates, Ltd. Page 2 Last Revised: November, 1998 City of Bo},nton Beach, Florida · Director, Recreation 61019 ADDITIONAL FUNCTIONS Performs clerical tasks as needed, which may include typing documents or copying documents. Operates a motor vehicle to conduct work activities. Provides assistance or coverage to other employees as needed. Performs other related duties as required. MINIMUM QUALIFICATIONS Bachelor's degree in Recreation Administration, Public Administration, or closely related field; supplemented by six (6) years previous experience and/or training that includes progressively responsible recreation/parks program administration or public administration; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Must possess and maintain a valid Florida driver's hcense. 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 determine necessity for revision of organizational components, and in the formulation of operational strategy. Human Interaction: Requires the ability to function in a director capacity for a major organizational unit requiring significant internal and external interaction. Equipment, Machinelw~ 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, and/or advisory data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; ability to perform mathematical operations with fractions; ability to compute discount, interest, profit and loss, ratio and proportion; ability to calculate surface areas, volumes, weights, and measures; ability to interpret graphs. Functional Reasoning: Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership, and to exercise independent judgment to apply facts and principles for developing approaches and techniques to resolve problems. Situational Reasoninm 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. David M. Grittith & Associates, Ltd. Page 3 Last Revised: November, 1998 City of Bo~nton Beach, Florida · Director, Recreation 61019 ADA COMPLIANCE Physical Ability: Tasks require the ability to exert 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, texture, and visual cues or signals. Some tasks require thc ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as dirt, dust, pollen, wetness, humidity, rain, fumes, temperature and noise extremes, bright/dim light, machinery, traffic hazards, toxic agents, violence, disease, or pathogenic substances. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified in~viduals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. © David M. Griffith & Associates, Ltd. Page 4 Last Revised: November, 1998 Exhibit B: Initial Performance Criteria - Wally Majors GOALS/OBJECTIVES: Recreation Department STRATEGIC BUSINESS FOCUS: Community Involvement. Be the communication conduit of the City. Goal No. 1' To promote, market and receive feedback on our programs and facilities in an effort to project a positive public image. Objective 1' Objective 2: Objective 3 · Determine customer satisfaction through mail survey of recreation program participants by September 2001. Upgrade Special Event signage by July 2001. Increase community involvement in special events by recruiting a minimum of one new committee member for each special event (Holiday Parade, Black Awareness, Surf Contest, G.A.L.A., July 4th, Sports Festival, Family Day Picnic) by September 2001. STRATEGIC BUSINESS FOCUS: Economic Development. Develop, Implement and Promote Quality Of Life Programs. .~oal No. 2: Expand the size and scope of our programs and events Objective 1' Objective 2: Objective 3: Offer monthly teen-oriented tournaments at Hester Center beginning November 2000. Expand the CIT program to include a minimum of 20 teens aged 13-15 by June 2001. Expand the Annual Surf Contest to include men's and women's divisions by March 2001. STRATEGIC BUSINESS FOCUS: The Environment. Improve the Presentation of City Green Space. Goal No. 3: Provide Safe & Fun Recreation Activities in World Class Facilities Objective 1: Objective 2: Objective 3: 'Improve facility aesthetics through new coordinated signage for at least three (3) Recreation facilities by June 2001. Remodel City Hall in the Mall for improved customer service, aesthetics and utilization of space by November 2000. Apply for a minimum of three grants to expand programs by September 2001. STRATEGIC BUSINESS FOCUS: The Organization. Goal No. 4: Improved customer service and public communications Objective 1: Objective 2: Objective 3: Ensure a minimum of 15 hours of a variety of professional training for all full-time staff by September 2001. Develop a department marketing plan, including budget, by January 2001. Conduct a needs assessment for the Recreation Department by September 2001. Measurements of Achievements: Goal #1: *Survey results prepared by September 2001. *New professional sign for each special event by July 2001. *One new community member served on each of the seven special event committees by September 2001. Goal #2: *Monthly teen tournaments held at Hester Center beginning November 2000. *C.I.T. program expanded with a minimum of 20 teens serving as Counselors in Training by June 2001. *Men's division added to Surf Contest by March 2001. Goal #3: *Signage purchased and installed by.June 2001. *City Hall in the Mall remodeled by November 2000. *Applications completed and submitted for a minimum of three grants by September 2001. Goal CfA: '15 hours of training completed by all full-time staff by September 2001. *Marketing plan developed and initiated by January 2001. *Needs assessment completed by September 2001.