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R00-023RESOLU-r oN NO. a RESOLU-r~ON OF THE Clq'Y COMMISSION OF THE O-fY OF BOYNTON BEACH, FLORIDA/ AUTHORIZING THE C21-Y AI-I'ORNEY TO EXECUTE AN APPOINTMENT CONTRACT BETWEEN THE C~-Y OF BOYNTON BEACH AND MARY LYNN RAMSEY, LEGAL SECRETARY; PROVIDING AN EFFECI-~VE DATE. WHEREAS, the City Attorney has recommended that the City enter into an Appointment :ontract for the Legal Secretary position with Mary Lynne Ramsey, pursuant to the terms and onditions attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CZTY COMMZSSZON OF THE CITY OF BOYNTON BEACH, FLORZDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida authorizes the City Attorney to enter into an appointment contract with Mary Lynne Ramsey, for the pOsition of Legal Secretary. Section 3. This Resolution shall become effective immediately upon passage, PASSED AND ADOPTED this Sec-Ramsey ~' day of March, 2000. Vi~e Mayor. ~, Corn ' net ? APPOI'NTHENT CONTRACT TH];S APPO]:NTMENT CONTRACT is entered into between the Cl-I'Y OF BOYNTON BEACH, Florida, (the "CI-I'Y") by and through its City Attorney ("CI'I'Y A~-I-ORNEY") and MARY LYNNE RAMSEY. RECZTALS The ClTY and MARY LYNNE RAMSEY acknowledge the following premises for this contract: A. CI-FY A'I-I'ORNEY is the Chief Legal Officer of the ClTY and is authorized, pursuant to Section 72.1(b) to appoint individuals in a specialized field. B. The CITY A'I-i'ORNEY on behalf of the CI'FY desires to appoint MARY LYNNE RAMSEY as a Legal Secretary for the cI-rY, and MARY LYNNE RAMSEY desires to undertake that appointment. C. In selecting MARY LYNNE RAMSEY to be appointed as Legal Secretary for the CITY, the CI-FY ATTORNEY has relied on all information and materials appearing on or furnished in connection with her application for that posiUon, including representations made in oral interviews. MARY LYNNE RAMSEY represents that all such information and materials are accurate, complete, and authenUc and that she is qualified to serve as a Legal Secretary and that the performance of such duties are specialized in nature. D. The CITY and MARY LYNNE RAMSEY wish to reduce their agreements to writing in order to describe their relationship with each other, to provide a basis for effective communicaUon between them as they fulfill their respective functions in the operation of the Legal Department the CI'FY and to enhance administrative stability and continuity within the Department. E. The position of Legal Secretary is a contractual appointment by the cl"rY ATTORNEY of an individual in a specialized field and not a civil service position. The CITY's Civil Service Rules and Regulations are not applicable to MARY LYNNE RAMSEY. MARY LYNNE RAMSEY is an "at will" employee. F. Nothing herein shall constitute an abridgment of or limitation to the rights and powers of the A'I-I'ORNEY to manage the work force of the Legal Department of the City and to organize, reorganize, create, or abolish the Legal Department work force, including the appointment referenced herein. 2/27/00 Draft G. Nothing herein shall constitute an abridgment or limitaUon on the rights and powers of the CITY Commission to create or alter the work force of the CITY by appropriation or non-appropriation of funds earmarked for departments, positions, or appointments. TERMS~ CONDTITONS, AND COVENANTS Accordingly, on the foregoing premises and covenants contained in this contract, the CITY and follows: in consideration of the mutual MARY LYNNE RAMSEY agree as ART];CLE 1 Agreement for Appointment 1.1 The Cl'I'Y ATTORNEY hereby appoints MARY LYNNE RAMSEY to serve as Legal Secretary for the crrY and MARY LYNNE RAMSEY hereby accepts that appointment. 1.2 MARY LYNNE RAMSEY is an at will employee of the crrY. By acceptance of this Contract MARY LYNNE RAMSEY acknowledges that there has been no representation or promise, express or implied fixing the term of her appointment. ARTZCLE 2 Duties and Obligations 2.1 Principal Duties and Obligations. Subject to the Q-FY ATTORNEY's responsibilities and direction for the overall operation of the C1TY's work force, MARY LYNNE RAMSEY shall: 2.1.1 Serve as a Legal Secretary of the ClTY and shall perform the job responsibilities as set.forth on Exhibit "A"; 2.1.2 Perform such legally permissible job responsibilities related to the City's Legal Department as assigned by the cl-rY ATTORNEY and/or his designee. 2.2 Manner of Performance. Except as otherwise expressly provided by the contract, MARY LYNNE RAMSEY, Legal Secretary at all times shall: 2.2.1 devote all her 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. 2.2.2 perform her duties and obligations faithfully, industriously, and to the best of her ability. 2.2.3 not engage in outside employment except with prior written disclosure to and written consent of the C-ITY ATTORNEY. 2.2.4 Confidentiality. MARY LYNNE RAMSEY shall maintain confidentiality on the contents of all City Attorney's files, records, reports, records of investigations, City Attorney's work products and other information obtained in the course of performance of her employment duties. ARTTCLE 3 Annual Performance Goals and Evaluation 3.1 The City ATTORNEY and/or his designee shall conduct a preliminary performance evaluation one hundred twenty (120) days from the employment date Tn addition to the preliminary performance evaluation, the CITY ATTORNEY and/or his designee shall review and evaluate the performance of MARY LYNNE RAMSEY at least once annually in advance of the adoption of the crrY's annual operating budget. The review and evaluation shall be in accordance with specific cdteria developed by the ATTORNEY and/or his designee. The criteda may be added to or deleted from as ATTORNEY may from time to time determine. Further, the ATTORNEY and/or his designee shall provide MARY LYNNE RAMSEY with wdtten summary statement of the evaluation and provide an adequate opportunity for MARY LYNNE RAMSEY to discuss her evaluation with the ATTORNEY and/or his designee. The ATTORNEY shall periodically define such goals and performance objectives that he determines necessary for the proper operation of the Legal Department and shall further establish a relative priority among those various goals and objectives. 3.2 Compensation reviews are not subject to any specific formula applicable to other crrY personnel. Salary adjustments shall be at the sole discretion of the C1TY ATTORNEY and are subject to the appropriation of funds by the City Commission. 2/27/00 Dra~= ARTZCLE 4 Compensation and Benefits Base Salary. The CI'I'Y shall pay to MARY LYNNE RAMSEY 4.1 the annual sum of THIRTY THOUSAND DOLLARS, ($30,000) payable in equal installments at the same intervals as CITY's personnel are paid. 4.2 Health Insurance. MARY LYNNE RAMSEY shall receive the same benefit provided to non-union City employees hired after 10/1/91. 4.3 Disability Tnsurance. MARY LYNNE RAMSEY shall receive the same benefit provided to non-union City employees hired after 10/1/91. Life Insurance. MARY LYNNE RAMSEY shall receive the same benefit provided to non-union City employees hired after 10/1/91. 4.5 Holidays. MARY LYNNE RAMSEY shall be entitled to observe the same paid legal holidays as non-union employees hired after 10/1/91. 4.6 Vacations. MARY LYNNE RAMSEY shall be entitled to the same vacation accrual as non-union employees hired after 10/1/91. Use of vacation time shall be coordinated with and approved by the C1-FY A'I-i'ORNEY. 4.7 Sick Leave. MARY LYNNE RAMSEY shall be entitled to accrue sick leave and be subject to the same sick leave policies as non-union employees hired after 10/1/91. 4.8 Participation in Retirement Sy{em. MARY LYNNE P~MSE'Y shall be enrolled in and shall enjoy all benefits provided under the General Employee Pension Plan. ARTTCLE 5 Indemnification and Reimbursement Indemnification. The CITY shall: defend and indemni~/MARY LYNNE RAMSEY agains~ all claims and 5.1 5.1.1 actions (civil, administraUve or criminal), provided the claims or actions are not initiated by the cI-rY and arise out of and in the course of the performance of his duties and responsibilities pursuant to this contract; and 5.1.2 pay any judgment or settlement, if approved by the City Commission, that may be entered against MARY LYNNE RAMSEY in any action referenced in 5.1.1. provided MARY LYNNE RAMSEY was in the course of the performance of his duties and responsibilities pursuant to this contract, except a judgment based on intentional wrongful misconduct by MARY LYNNE RAMSEY. 5.1.3 ClTY reserves the right to select, appoint, retain, or discharge legal counsel necessary to provide the defense referenced herein. ARTICLE 6 Duration of Contract 6.1 MARY LYNNE RAMSEY's appointment and the term of this Contract shall commence on the 28th day of February, 2000. This appointment has no fixed term and may be terminated as set forth in Article 7 hereof. ART]'CLE 7 Termination of Contract 7,1 Events of Termination. This Contract shall terminate: 7.1. Rights and Obligations Upon Unilateral Termination by CITY. Unilateral termination shall be in writing, signed by the CiTY ATI'ORNEY and need not reflect performance related reasons. ]:f this Contract is terminated by unilateral action by the C~'I'Y ATTORNEY, MARY LYNNE RAMSEY shall be entitled only to: 7.1.2 an amount for accrued and unused vacaUon 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; 7.1.3 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. 2/2?/00 7.2 Rights and Obligations Upon Termination Due to Resignation. If this Contract terminates due to MARY LYNNE RAMSEY's resignation, MARY LYNNE RAMSEY shall be enUUed only to the following compensation and benefits: 7.2.1 base salary through the date of resignation or such other date as mutually agreed to between MARY LYNNE RAMSEY and the CITY ATI'ORNEY; 7.2.2 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 alter 10/1/91; 7.2.4 life and/or disability benefits if applicable. ARTICLE 8 Modification or Extension of Contract 8.1 Modification and Amendment. No modificaUon of or amendment to this Contract shall be valid unless reduced to writing and signed by both parties. ARTICLE 9 ~napplicability of Collective-Bargaining Agreements 9.1 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 Contract. 9.2 MARY LYNNE RAMSEY is a confidential employee under F.S 447.203(5) and is prohibited from participating in labor organizations or collective bargaining. ART]:CLE 10 Venue 10.1.1 Any civil action arising out of this Contract or the nonperformance or breach of any covenant contained in it shall be brought only in Palm Beach County, Florida. 2/27/00 Draf~ ARTZCLE 11 Waiver 11.1 The ClTY's or MARY LYNNE RAMSL:Y's waiver of any breach of any term, condition, or covenant of this Contract shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this Contract. ARTZCLE 12 Applicability to Successors 12.1 This Contract shall be binding on and in ure to the benefit of: 12.1.1 NARY LYNNE RAMSEY's heirs and personal representatives; and 12.1.2the ClTY regardless of changes in the persons holding office as members of the CI-FY. ARTZCLE 13 Severability of Provisions 13.1 If any provision of this Contract 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 Contract or their application to other parties or circumstances. ARTZCLE 14 Governing Law 14.1 This Contract 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. ARTZCLE 15 Tntegration of All Agreements and Understandings 15.1 This Contract contains the entire agreement between the CITY and MARY LYNNE RAIVlSEY. All prior agreements and Understandings, whether wdtten or oral, 2/2?/00 Draf= pertaining to the CITY's appointment of MARY LYNNE RAMSEY are fully abrogated and of no further force and effect from and after the date of this Contract. 15.2 Regardless of which party of party's counsel prepared the original draft and subsequent revisions of this Contract, MARY LYNNE RAMSEY and the cl-rY and their respective counsel have had equal opportunity to contribute to and have contributed to its contents, and this Contract shall not be deemed to be the product of and, therefore, construed against either of them. 15.3 The omission from this Contract of a term or provision contained in an earlier draft of the Contract shall have no evidentiary significance regarding the contractual intent of the parties. ARTICLE 16 Execution of Contract 16.1 Only one original of this Contract shall be signed by the parties. The original shall be maintained by the City Clerk. No term, condition, or covenant of this Contract shall be binding on either party until both parties have signed it. EXECUTED~n the respective dates set forth below. ~/~( -~./~:::~-V¢~2 ~/L~ Dated: ' MARY-L/Y~INE R/~R'~EY ' / C~ OF BOY'ON B~CH By: ~'~~~ ,~ Dated: .lames A. Cherof, Ci~ A~orne~ ~ - Mayor s:ca\agr\MARY LYNNE RAMSEY Employment Conbact 2/27/00 Position is located in the Legal Department which is responsible for all legal concerns of the city. Position involves providing secretarial and admi- nistrative support to the attorney and to assist in re~olvin~ and expediting matters o (Note: These examples are intended only as illustrations of the various types of work performed in this class. The emission of specific statements of duties does not exclude them frcm this position if the work is similar, related, or a logical assignment to the departments function. ) Processes documents into finai' fora on word processor. T~pes ordinances, resolutions, memoranda, letters, agreements, deeds, legal descriptions, and various pleadings received frcm tape, longhand, shorthand, and oral instructions. ~ Edits and amends new ordinances by referring to City Code of Ordinances to determine the appropriate language. Composes letters and m~moranda for City Attorney. Prepares ordinances and resolutions frcm Planning and Zoning Board reommendations. Answers in person and telephone inquiries. Screens and directs all inc~ning calls. Resolves problems which do not require an attorney's atten- tion. Places calls to obtain specific information requested by attorney and transmits the information. Researches and retrieves backup material for specific requests. Performs record keeping functions. Assigns code numbers to all ordinances and resolutions and maintains a log book of the status of each item. Determines appropriate subject folder in which material is to filed. Locates and retrieves requested doc%~ents from general and 'litigation files. Prepares requisitions, 'City forms, and personnel forms. Keeps attorney's appointment calendar. Prepares litigation files and maintains an up-to-date list of pending cases. Maintains a follow-up log for City Attorney regarding work in progress, upcoming matters, due dates, and work schedules. Photocopies materials and maintains law library. ~rovides legal support services. Opens, sorts, stamps, distributes, and reads all incc~ing correspondence and arranges outgoing mil. Keeps reports of annual and sick leave and all tim~k~ping for the Legal Department. Schedules travel and hotel reservations for attorney's trips and prepares _ travel expense reports. Delivers rush material outside the office, when requested. Mails materials, insuring accuracy of contents in a timely manner. Performs related work as required. LEGAL S~CRETARY- Continued KNOWLEDC-~ESr ABILITIES AND SKILLS Ability to operate modern office equipment including a word processor. Proficiency in shorthand and operating transcribihg equipment. Knowledge of grammar/spelling and punctuation, proper forms for legal docu- ments, city resolutions/ordinances, legal terminology, unifom citation system, rules and procedures of courts, city's rules, departments and functions. Ability to work under ,pressure, to produce accurate work, and to meet deadlines. Basic mathematical skills. High school graduation and four (4) years legal secreearial experience, or an oquivalent c~irmtion of training ~'ld ~ienc-'~. l hlarytynne Ralnsey Phone (561) 433-9742 5797 Autumn Ridge Road Lake Worth. Florida 33463 SUMMAllY Thirteen years experience in the legal field as a Legal Secretary and in office administration. Responsibilies include scheduling depositions, hearings and conferences, attorney time and billing, dictation, preparation of correspondence and pleadings. Computer knowledge in Windows 95, Windows 98, Corel Wordperfect 8.0, 7.1 and 5.0, AIM Program (Attorney Information Manager) WOBK HISTORY STEPHENS, LYNN, KLEIN & McNICHOLAS Northbridge Cemre 515 N: Flagler Drive, Suite 1600 West Palm Beach, Florida 33401 561-655-1500 9/89 through 4/1/99 Position: Legal Secretary (Medical Malpractice Department) Administrative Assistant LAW OFFICES OF DUNN AND COREY 9/88 through 9/89 Boynton Beach, Florida I-lialeah, Florida (Main Office 305/688-5297) Position: Receptionist/Secretary JOSIAS AND GOREN · 6/87 through 7/88 Ft. Lauderdale, Florida (954/771-4500) Position: Receptionist/Clerk CUBBEIIT EBPLOYIIEIIT: City of Lake Worth 7 North Dixie Highway Lake Worth, Flodda 33401 Position: Legal Secretary 8~99 - Present