Loading...
R99-154RESOLI_FF~ON NO. R99-/,.~"~/ A RESOLUTION OF THE C~TY COMMISSION OF THE C~1¥ OF BOYNTON BEACH, FLORIDA, AUTHOP~ZING THE C~'Y A'I-I'ORNEY TO EXECUTE AN APPOINTMENT CONTRACT Bk-i-VVEEN THE CTI'Y OF BOYNTON BEACH AND 3UDY R. SOLOMON, LEGAL SECRETARY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Attorney has recommended that the City enter into an Appointment ~ontract for the Legal Secretary position with .ludy R. Solomon, pursuant to the terms and conditions attached hereto as Exhibit "A". NOW, THEREFORE, BE ~ RESOLVED BY THE CTI'Y COMI~II'SSI'ON OF THE CI'TY OF BOYNTON BEACH, FLORZDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida authorizes the City ~,ttorney to enter into an appointment contract with Judy R. Solomon, for the position of Legal Secretary. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this /~, day of November, :3.999. . .//f/---'-- Mayor Pro Tem Cit,t,t~C[erk (Corporate Seal) APPOINTMENT CONTRACT THIS APPOINTMENT CONTRACT is entered into between the C~I'Y OF BOYNTON BEACH,. Florida, (the "C_I'I~") bY and through its City Attorney ("CITY A-I-FORNEY") and .1UDY SOLOMON (SOLOMON). RECI'FALS The C1TY and SOLOMON acknowledge the following premises for this contract: A. C1TY ATTORNEY is the Chief Legal Officer of the CITY and is authorized, p~Jrsuant to Section 72.:~(b) to appoint individuals in a specialized field. j B. The C1TY A'I-I'ORNEY on behalf of the CITY desires to appoint JUDY SpLOMON as the Legal Secretary for the ct-rY, and SOLOMON desires to undertake that appointment. C. In selecting SOLOMON to be appointed as Legal Secretary for the C1TY, the ['FY A'I-I'ORNEY has relied on all information and materials appearing on or furnished in )nnection with her application for that position, including representations made in oral terviews. SOLOMON represents that all such information and materials are accurate, )mplete, and authentic and that she is qualified to serve as a Legal Secretary and that tl~e performance of such duties are specialized in nature. j D. The CiTY and SOLOMON wish to reduce their agreements to writing in o~'der to describe their relationship with each other, to provide a basis for effective communication between them as they fulfill their respective functions in the operation of ti A C al ~e Legal Department the C1TY and to enhance administrative stability and continuity ithin the Department. E. The position of Legal Secretary is a contractual appointment by the C1TY I-I'ORNEY of an individual in a specialized field and not a civil service position. The .TY's Civil Service Rules and Regulations are not applicable to SOLOMON. SOLOMON is "at will" employee. F. Nothing herein shall constitute an abridgment of or limitation to the rights powers of the A~-I'ORNEY to manage the work force of the Legal DeparLment of the ty and to organize, reorganize, create, or abolish the Legal Department work force, duding the appointment referenced herein. G. Nothing herein shall constitute an abridgment or limitation 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. TERHS, CONDITIONS, AND COVENANTS Accordingly, on the foregoing premises and in consideration of the mutual covenants cOntained in this contract, the Ci-I'Y and SOLOMON agree as folloWs: ARTTCLE 1 Agreement for Appointment 1.1 The C1TY ATTORNEY hereby appoints SOLOMON to serve as Legal Secretary for the C1TY and SOLOMON hereby accepts that appointment. 1.2 SOLOMON is an at will employee of the QTY. By acceptance of this Contract SOLOMON acknowledges that there has been no representation or promise, express or implied fixing the term of his appointment, ARTICLE 2 Duties and Obligations 2.1 Principal Duties and Obligations. Subject to the C~' A']-fORNEY's responsibilities and direction for the overal~ operation of the C1TY's work force, SOLOMON shall: 2.1.1 Serve as the Legal Secret3ry of the C1TY and shall perform the job responsibilities as set forth on Exhibit "A"; 2.:[.2 Perform such legally permissible job responsibiliUes related to the Qty's Legal Department as assigned by the CITY ATTORNEY and/or his designee. 2.2 t4anner of Performance. Except as otherwise expressly provided by the contract, _lUDY SOLOMON, Legal Secretary at all Umes shall: 2.2.1 devote all her time, attenUon, 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- 2.2.2 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 CTfY ATrORNEY. 2.2.4 Confidentiality. Solomon shall maintain confidentiality on the contents of ali 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. ARTZCLE 3 Annual Performance Goals and Evaluation 3.1 The City ATrORNEY and/or his designee shall conduct a preliminary pe. rformance evaluation one hundred twenty (120) days from the employment date In addition to the preliminary performance evaluation, the C-TTY A-I-I'ORNEY and/or his designee shall review and evaluate the performance of SOLOMON at least once annually id advance of the adoption of the C2T~S annual operating budget. The review and evaluation shall be in accordance with specific criteria developed by the A'rrORNEY and/or his designee. The cdteria may be added to or deleted from as ATTORNEY may from time to time determine. Further, the ATTORNEY and/or his designee shall provide SOLOMON with written summary statement of the evaluation and proVide an adequate opportunity for SOLOMON to discuss her evaluation with the ATTORNEY and/or his d?signee. The ATI'ORNEY shall periodically define such goals and performance objectives that they determine 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 C[I'Y personnel. Salary adjustments shall be at the sole discretion of th~ C~-Y ATTORNEY and are subject to the appropriation of funds by the City Commission. -3- ART'~CLE 4 Compensation and Benefits 4.1 ' Base Salary, The CITY shall pay to SOLOMON bi-weekly the sum of $:[,076.92 DOLLARS, ($28,000 + 26 weeks) payable in equal installments at the same intervals as cTrY's management personnel are paid. 4.2 Health Insurance, SOLOMON shall receive the same benefit provided to non-union City employees hired after :[0/:[/91. 4.3 Disability Insurance. SOLOMON shall receive the same benefit provided to non-union City employees hired after 4.4 Life Insurance. SOLOMON shall receive the same benefit provided to non-union City employees hired after 4.5 Holidays. SOLOMON shall be entitled to observe the same paid legal holidays as non-union employees hired after 4.6 Vacations. SOLOMON shall be entitled the same vacation accrual as non-union employees hired after :L0/:L/9:[. Use of vacation Ume shall be coordinated with and approved by the CTFY A'Fi'ORNEY. 4.7 Sick Leave. SOLOMON shall be entitled to accrue sick leave and be subject to the same sick leave policies as non-union employees hired after 10/:[/9:[. 4.8 Participation in Retirement System. SOLOMON shall be enrolled in and shall enjoy all benefits provided under the General Employee Pension Plan. ARTICLE 5 ~ndemnification and Reimbursement 5.1 Indemnification. The cTrY shall: 5.1.:[ defend and indemnify SOLOMON against all claims and actions (civil, aaministrative or criminal), provided the claims or actions are not initiated by the CITY and arise out of and in the course of the performance of his duties and responsibilities pursuant tc this contract; and -4- 5.1.2 Day any judgment or settlement, if approved by the City Commission, that may be entered against SOLOMON in any action referenced in 5.1J.. provided SOLOMON was in the course of the performance of his duties and responsibiliUes pursuant to this contract, except a judgment based on intentional wrongful misconduct by SOLOMON. 5.1.3 CITY reserves the right to select, appoint, retain, or discharge legal counsel necessaq/to provide the defense referenced herein. ARTICLE 6 Duration of Contract 6.:[ SOLOMON's appointment and the term of this Contract shall commence on the day of November, :[999. This appointment has no fixed term and may be terminated as set forth in Article 7 hereof. ARTICLE 7 Termination of Contract Events of Termination. This Contract shall terminate: 7.1. Rights and Obligations Upon Unilateral Termination by cTrY. Jnilateral termination shall be in writing, signed by the CTi'Y ATTORNEY and need not r( flect performance related reasons. Tf this Contract ~s terminated by unilateral action by t~ e CITY ATTORNEY, SOLOMON shall be entitled only to: 7.1.2 an amount for accrued and unused vacation leave, not to exceed the n' aximum number of days permitted by law, according to the schedule/formula for non- union employees hired after 10/1/91; i 7.1.3 an amount for accrued and unused sick leave, not to exceed the m~ximum number of days permitted by law, according to the schedule/formula for non- ul lion employees hired after 10/1/91. -5- 7.2 ' Rights and Obligations Upon TerminaUon Due to Resignation. If this Contract terminates due to SOLOMON's resignation, SOLOMON shall be entitled 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 SOLOMON and the C1TY ATTORNEY; 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 after 10/1/91; 7.2.4 life and/or disability benefits if applicable. AR'I/CLE 8 Modification or Extension of Contract 8.1 Modification and Amendment. No modification of or amendment to this Contract shall be valid unless reduced to writing and signed by both parties. AR1/CLE 9. [napplicability of CollecUve-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 SOLOMON is a confidential employee under F.S ~7.203(5) and is prohibited from partidpaUng in labor organizaUons or collective bargaining. ARTICLE 10 Venue 10.1 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, Flodda. ARTZCLE 11 Waiver 11.1 The CITY's or SOLOMON'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. ARTICLE 12 Applicability to Successors 12.1 This Contract shall be binding on and inure to the benefit of: 12.1.1 SOLOMON's heirs and personal representaUves; and 12.1.2 the CITY regardless of changes in the persons holding office as members of the CITY. ARTICLE 13 Severability of Provisions 13.1 If any provision of this Contract or the application of any provision to a ly party or circumstance shall be prohibited by or invalid under applicable law, the p'ovision shall be ineffective to the extent of such prohibition or invalidity without ir validating the remaining provisions of this Contract or their application to other parties or circumstances. AR'I'~CLE 14 Governing Law it S( to ef 14.1 This Contract and the terms, conditions, and covenants contained in shall be governed by and construed in accordance with the laws of the State of Florida. ARTICLE 15 Integration of All Agreements and Understandings 15.1 This Contract contains the entire agreement between the CITY and )LOMON. All prior agreements and understandings, whether written or oral, pertaining the CITY's appointment of SOLOMON are fully abrogated and of no further force and "ect from and alter the date of this Contract. -7- 15.2 ' Regardless of which party of party's counsel prepared the original draft and subsequent revisions of this Contract, SOLOMON and the C~q-Y 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. ARTZCLE 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. EXECS, TED on the respective dates set forth below. CI-fY OF BORON B~CH ~_¢/.~ames A. Cherof, City Attor~ley Dated: Dated: s:ca~agr',,SOLOMON Employment Contract -8- NATURE OF WORK 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~olving and expediting matters. ILLU Si~ATIVE TASKS i (Note: These examples are intended only as illustrations of the various tYPes of work performed in this class. The c~ission of specific statements of duties does not exclude them frcm this position if the work is similar, related, od a logical assignment to the depaztmants function. ) ~ Processes documents into final form on wor~ ~rocessor. "~ r~so~uti n ~ ~ _ ~ ~p~ or~znances, ~ .z o s, .memoranda., letters, agreements, deeds, legal descrintions an~ various pleadings received from tape, longhand, shorthand, and ~ ' i~structions. , Edits and amends new ordinances by referring to City Code of Ordinances ~to determine the appropriate language. I Composes letters and me~aoranda for City Attorney. i Prepares ordinances and resolutions frcma Planning and Zoning Board r ~cc~ar~_ndations. . Answers in person and telephone inquiries. Screens and directs all i~ccming calls. Resolves problems which do not require an attorney's atten- tion. Places calls to obtain specific infOrmation requested by attorney and t~nsmits the information. i Researches and retrieves backup material for specific requests. i Performs record keeping functions. Assigns cede numbers to all ordinances an~ 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 documents from general and 'litigation fJ les. 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 u~m~ng follow-up log for City Attorney regarding work in progress, matters, due dates, and work schedules. , Photocopies materials and maintains law library. I Provides legal support services. Opens, sorts, stamps, distributes, and reJads all incc~ing correspondence and arranges outgoing mail. Keeps reperts of annual and sick leave and all timekeeping for the Legal D~ ~r tment. Schedules travel and hotel reservations for attorney's trips and prepares tz ~vet 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 SECRETARY - Continued Klq~q~532C~ES~ ABILITIES AND SKILLS Ability to operate modern office equipment including a word processor. Proficiency in shorthand and operating transcribihg equipment. Knowledge of gr--/spelling and punctuation, proper forms for legal docu- ments, city resolutions/ordinances, legal terminology, uniform 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. MINIMUM QUALIFICATIONS High school graduation and four (4) years legal secretarial experience, or an equivalent combination of training and experience.