R22-072 1 RESOLUTION NO. R22-072
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING
3 AN EMPLOYMENT AGREEMENT FOR INTERIM CITY MANAGER WITH JAMES
4 STABLES; AUTHORIZING THE MAYOR TO SIGN THE EMPLOYMENT
5 AGREEMENT;AND PROVIDING AN EFFECTIVE DATE.
6
7 WHEREAS, the City desires to employ the services of James Stables as Interim City
8 Manager of the City of Boynton Beach pursuant to the City's Charter; and
9 WHEREAS, it is the desire of the City to provide certain benefits, establish certain
10 conditions of employment and to set working conditions for the Employee; and
11 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
12 recommendation of staff, deems it to be in the best interests of the City residents to approve the
13 Employment Agreement for Interim City Manager with James Stables and authorizes the Mayor
14 to sign the Employment Agreement.
15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
16 BOYNTON BEACH, FLORIDA, THAT:
17 Section 1. Each Whereas clause set forth above is true and correct and incorporated
18 herein by this reference.
19 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
20 approve the Employment Agreement for Interim City Manager with James Stables and authorizes
21 the Mayor to sign the Employment Agreement. A copy of the Employment Agreement for Interim
22 City Manager is attached hereto as Exhibit "A".
S:\CA\RESO\Agreements\Employment Agreement For Interim City Manager(James Stables)-Reso.Docx
23 Section 3. That this Resolution shall become effective immediately upon passage.
24 PASSED AND ADOPTED this 17th day of May, 2022.
25 CITY OF BOYNTON BEACH, FLORIDA
26
27 YES NO
28
29 Mayor—Ty Penserga ✓
30
31 Vice Mayor—Angela Cruz
32
33 Commissioner—Woodrow L. Hay
34
35 Commissioner—Thomas Turkin ✓
36
37 Commissioner—Aimee Kelley
38
39 VOTE 5-0
40 ATTEST:
41
42
43
44 C stal Gibson, MMC
45 City Clerk
46
47
48 (Corporate Seal)
S:\CA\RESO\Agreements\Employment Agreement For Interim City Manager(James Stables)-Reso.Docx
EMPLOYMENT AGREEMENT
INTERIM CITY MANAGER
This Employment Agreement (the "Agreement") is made and entered into this day of
May 2022,between the City of Boynton Beach(the "City"), a municipal corporation of the State of
Florida and James Stables(the"Employee"),pursuant to the following terms and conditions:
WITNESSETH:
WHEREAS, the City desires to employ the services of James Stables as Interim City
Manager'of the City of Boynton Beach pursuant to the City's Charter; and
WHEREAS, it is the desire of the City to provide certain benefits, establish certain
conditions of employment and to set working conditions for the Employee; and
WHEREAS, it is the desire of the City to (1) secure and retain the services of an Interim
City Manager and to provide inducement for him to remain in such employment; (2) to make
possible full work productivity by assuring the Employee 's morale and peace of mind with
respect to future security; (3) to act as a deterrent against malfeasance or dishonesty for personal
gain on the part of the Employee; and, (4) to provide a just means of terminating the Employee 's
services at such time as he may be unable or unwilling to discharge his duties or when the City
may otherwise desire to terminate his employment; and
WHEREAS, the Employee desires to accept employment as Interim City Manager of the
City, in accordance with the terms and conditions set forth herein;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
COVENANTS CONTAINED HEREIN, THE CITY AND EMPLOYEE HEREBY
COVENANT AND AGREE,AS FOLLOWS:
SECTION 1: DUTIES
1.1 The Employee will perform, on an interim basis, the duties and exercise the powers of City
Manager as prescribed by state law, the City Charter, and the City Code, and to perform
such other legally permissible and proper duties and functions as assigned by the City
Commission from time to time.
1.2 The Employee will perform his duties and obligations faithfully, industriously, and to the
best of his ability; and will devote his time, attention, knowledge, and skills solely and
exclusively to the business and interests of the City.
1.3 To limit the potential for a conflict of interest, Employee will not engage in other business
and will be exclusively employed by the City. The Employee will be permitted to serve on
1 The title"Interim City Manager"is synonymous with the term"acting City Manager"
{00509848.6 306-0603180} 1
uncompensated boards and committees, provided that such service does not interfere with
the Employee's duties and responsibilities as set forth herein.
1.4 The Employee will do all things necessary and required to be available to the City, its
employees, and to the City Commission consistent with good and respectable
management requirements and as otherwise dictated and provided for by the Charter and
Code of Ordinances of the City of Boynton Beach, as well as provided by General Law in
the State of Florida.
1.5 The Employee will exercise the powers and the duties of the City Manager as they are set
forth in Section 2-30 of the Code of Ordinances. Because these duties are high
management responsibilities there are no fixed hours to perform these duties. Employee
is expected to be in attendance within the City during the City's normal business hours
and as otherwise required to meet and consult with the Members of the City Commission
and others to fulfill the duties.
SECTION 2: TERM
2.1 The commencement date of employment of the Employee will be retroactive to April 26,
2022 and will continue as provided for in this Agreement and subject to all of the terms,
conditions, and provisions hereof.
2.2 Employee is an at will employee and therefore this Agreement has no fixed term.
SECTION 3: PERFORMANCE EVALUATION
3.1 The City Commission, in consultation with Employee, will define goals and performance
objectives which it determines necessary for the proper operation of the City and in
attainment of the City Commission's policy objectives.
3.2 At the end of the first 90 days of employment as Interim City Manager, the City
Commission will review and evaluate the performance of the Employee. The review and
evaluation will be in accordance with specific criteria developed by the City Commission.
Evaluation criteria may be modified from time to time by the City Commission provided the
Employee is given no less than ten (10) days' notice to employee that the criteria are being
changed and the specifics of such change.
SECTION 4: TERMINATION
4.1 The Employee serves as Interim City Manager at the will and pleasure of the City
Commission. This Agreement may be terminated at any time, with or without cause, with
a simple majority (3/5th) vote of the City Commission. No termination vote will be
effective unless all five members of the Commission are in attendance and vote.
{00509848.6 306-0603180) 2
4.2 If the City Commission terminates this agreement without cause or the Employee resigns,
the Employee will be compensated on a pro-rata basis of his base salary through his final
date of employment in the Interim City Manager position, as well as all accrued and
unused vacation leave, and all accrued and unused sick leave, subject to paragraph 4.6
hereof.
4.3 If the City Commission terminates this agreement with cause for misconduct, the
Employee will be compensated on a pro-rata basis of his base salary through his final
date of employment but will not be entitled to and will forfeit:
4.3.1 payout of accrued and unused vacation leave, and
4.3.2 payout of accrued and unused sick leave.
4.4 In the event the Employee resigns as Interim City Manager, the Employee will give the
Mayor and the City Commission at least thirty (30) days written notice prior to the
effective date of resignation. The City Commission reserves the right to waive the thirty
(30)days' notice and set an earlier effective date of the resignation.
4.5 The Employee will not be entitled to receive any severance payments, irrespective of the
method or manner of the termination of this agreement.
4.6 If, in the course of employment as Interim City Manager, the City terminates this
Agreement without cause,the Employee is not appointed by the City Commission as City
Manager but filling the position, or the Employee resigns from the position of Interim
City Manager, the Employee shall immediately and absolutely revert to and assume his
prior position as Director of Fire and EMS (a/k/a Fire Chief) for the City under the terms
and conditions of his original employment agreement,unless the termination is for cause.
4.6.1 In the event the Employee reverts to his previous employment position
pursuant to Section 4.6, Employee's salary in such position will be adjusted by
any across-the-board percentage increases authorized by the City Commission to
General Employees or any other compensation or benefit added or expanded for
General Employees or Directors between the time of the Interim City Manager
appointment and reversion to Director of Fire and EMS [Fire Chief] position.
SECTION 5: COMPENSATION AND BENEFITS
5.1 The City will pay the Employee for his services rendered pursuant hereto an annual base
salary of TWO HUNDRED THOUSAND and NO/100 ($200,000.00) payable in equal
bi-weekly payments; paid at the same time as other managerial level employees of the
City. This annual base salary will be retroactive to the commencement date of
employment as established in section 2.1.
(00509848.6 306-0603180} 3
5.2 In conjunction with a performance review, the City Commission may increase the annual
base salary and/or other benefits of the Employee in such amounts and to such extent as
the City Commission may determine is proper and appropriated.
5.3 The Employee will be entitled to sick leave, holidays, and vacation leave at the same rate
and in the same manner as regularly provided to regular employees of the City, as set forth
in the City's Personnel Manual, as may be amended from time to time, as well as the
Management Incentive Package.
5.4 The Employee will be entitled to family coverage for medical, dental, and vision
insurance, short- and long-term disability insurance, and accidental death and
dismemberment insurance. The premiums of the aforementioned will be paid for by the
City.
5.5 The Employee will be entitled to a Health Savings Account (HSA) with an annual
contribution by the City at the maximum family contribution level as prescribed by the
Internal Revenue Service(IRS).
5.6 The City will continue to contribute into the Employee's deferred
compensation/retirement program in accordance with the Employee's previous
employment agreement as Director of Fire Rescue Services.
5.7 The City will provide the Employee with a vehicle which will be used for City and
unlimited personal use within the State of Florida. The City will be responsible for
paying the liability, property damage, and comprehensive insurance, for the purchase or
lease of such vehicle, and all expenses of operation, and maintenance/repair of the
vehicle.
5.8 The City will provide the Employee with a computer, cell phone, and other related
electronic devices as the Employee may deem necessary to fully discharge his duties and
in accordance with the City's policies.
5.9 The City will reimburse the Employee for all business-related expenses arising from the
execution of his duties as Interim City Manager, and hereby authorizes the Finance
Director to disburse such monies upon receipt of duly executed expenses or petty cash
vouchers,receipts, statements, or personal affidavits.
5.10 The City will pay for the registration,travel, and subsistence expenses of the Employee in
his role as Interim City Manager for official city travel, meetings, and conferences, as
approved by the City Commission, in furtherance of both his professional development as
well as general city business.
SECTION 6: OTHER TERMS AND CONDITIONS
6.1 To the extent permitted by law, the City will defend, save harmless and indemnify the
Employee against any tort, professional liability claims or demand, or other legal action
100509848.6 306-0603180) 4
arising out of an alleged act or omission occurring in the performance of his duties as the
Interim City Manager.
6.2 Amendments to this agreement will be approved in the same manner as the approval of
this Agreement. The compensation and benefits set forth in the Agreement replace the
compensation and benefits set forth in the Employee's Agreement as Director of Fire
Rescue Services.
6.3 If any clause, section or other part or application of this Agreement will be held by any
court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or
invalid part or application will be considered as eliminated and so not affecting the
validity of the remaining portions or applications remaining in full force and effect.
6.4 The effective date of this Agreement will be the date it is last signed by the Mayor,
following City Commission approval, and by the Employee.
IN WITNESS WHEREOF,the parties sign and execute this Agreement.
CITY OF BOYNTON BEACH,FLORIDA
Date: 5/17 /Zo 22.
Ty 'riser! , ayor
EMPLOYEE/INTERIM CITY MANAGER
Date: 5/i 9/002 Z
s Stables
ATTEST
//',. 4 �,�� ,/a py._ Date: c/ i 9
C 'tal Gibson, City Clerk—
APPROVED
lerk /
APPROVED AS TO FORM
&I--aggt--\ 4.4Date: (5-• l)j,
James A. Cherof, City Att rneey
(00509848.6 306-0603180) 5