Minutes 02-26-97MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN COMMISSION
CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY,
FEBRUARY 26, 1997, AT 5:30 P.M.
PRESENT
Gerald "Jerry" Taylor, Mayor
~hirley Jaskiewicz, Vice Mayor
atthew Bradley, Commiss oner
Henderson Tillman, Commissioner
Jamie Titcomb, Commissioner
Dale Sugerman, City Manager
James Cherof, City Attorney
Sue Kruse, City Clerk
CALL TO ORDER
Mayor Taylor called the meeting to order at 5:30 p.m. to review and approve the
proposed contract between the City of Boynton Beach and Kerry Willis. City Manager.
City Attorney Cherof referred to Resolution No. 97-35 and a red-lined version of an
employment agreement. (A copy of these documents are attached to the odginal
minutes on file in the City Clerk's Office.) The underlining document before the red-
lining was done was the contract that Kerry Willis and Mayor Taylor hag discussed.
The employment agreemer~t was a copy of Carrie Parker's contract with a few changes
suggested by City Attorney Cherof. City Attorney Cherof reviewed the terms and
conditions of this contract and advised that he reviewed it with Ms. Willis late this
afternoon and there is no difficulty with any of the provisions.
Commissioner Titcomb inquired about a City car versus a car allowance. Mayor Taylor
advised that Ms. Willis prefers to keep her own car. City Attorney Cherof stated that
Mr. Sugerman has pointed out that a leased vehicle might cost more than the car
allowance when you add on insurance and gasoline,
Vice Mayor Jaskiewicz required about the effective date. City Attorney Cherof advised
that the effective date of the agreement shall be March 3, 1997. as stated in Section 14.
Motion
Commissioner Bradley moved approval of said contract to employ Kerry Willis as City
Manager. ,Commissioner Tillman seconded the motion, which carried 5-0.
MINUTES
SPECIAL CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 26, 1997
ADJOURNMENT
There being no further business to come before the City Commission. the meeting was
adjourned at 5:38 p.m.
ATTEST:
CITY OF BOYNTON BEACH
ayor
Co'mmlssloner
Cit~'Clerk ~
Recording Secretary
(Transcribed from one tape)
Commissioner
Co/n~'iss~oner
?
RESOLUTI ON NO. R97-..~..5~
A RESOLUTION OF THE CITY COMMISSION OF TH E
CITY OF BOYNTON BEACH, FLORIDA. CONFIRMING
THE APPOINTMENT OF KERRY WILLIS AS CITY
MANAGER OF THE CITY OF BOYNTQN BEACH.
FLORIDA AND AUTHORIZING AND DIRECTING THE
MAYOR TO ENTER INTO AN EMPLOYMENT
AGREEMENT ON BEHALF OF THE CITY WITH KERRY
WILLI S, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City desires to employ the services of Kerry Willis as City
Manager of the City of Boynton Beach. Florida as provided in Article IV, Section 49
of the City Charter of Boynton Beach. Florida: and
WHEREAS, it is the desire of the City Commission to provide certain benefits
and requirements regarding the employment of Kerry Willis by the City; and
WHEREAS, Kerry Willis wishes to accept employment as City Manager of
the City of Boynton Beach, Florida, under the terms and conditions mutually agreed
upon;
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 KERRY WILLIS, as City Manager of the
City of Boynton Beach, Florida and directs the Mayor to execute an employment
agreement on behalf of the City of Boynton Beach with Kerry Willis, said Agreement
being attached hereto as Exhibit "A", and incorporated herein by reference.
Willis. Agr
2/26/97
Section 2
passage.
This Resolution
PASSED AND ADOPTED this
ATTEST:
City Clerk
shall become effective immediately upon
day of February, 1997.
CITY OF BOYNTON BEACH FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Willis.Agr
2/26/97
RED-LINE NOTATIONS BY CITY ATTORNEY
EMPLOYMENT GONT-RAG~ AGREEMENT
THIS AGREEMENT, made and entered into this day of February,
1997 by and between the City of Boynton beach: Florida, a municipa
corporation, hereinafter called "City" and Kerry Willis, hereinafter called "City
Mana,qerEmplc:.'cc", pursuant to these terms and conditions:
WITNESSETH:
WHEREAS, the City desires to employ the services of Kerry Willis as City
Manager of the City of Boynton Beach, Florida, as provided by Article IV,
Section 49 of the City Charter of Boynton Beach, Florida; and
WHEREAS, it is the desire of the City Commissioners, hereinafter called
"Commission" to orovide certain benefits, and requirements regarding the
employment of the said City Mana,qerempteyee by the City; and
WHEREAS, City
. ---. ......,.,-~ .......... to accept employment as City
Manager of said City under the terms and conditions recited herein,
NOW, THEREFORE, City and C ty Mana.qer._,,.~.,_~ _.. agree as follows:
Section 1. Duties
City agrees to employ Kerry Willis as City Manager of the City of Boynton
Beach, Florida, to perform the functions and duties specifiect in Article IV,
Section 49, of the City Charter and by City Code; and to perform other legally
permissible and proper duties and functions as the Commission shall from time
to time assign.
Section 2. Salary
City agrees to pay C y Mana,qer_.,,~.,v~.... for her services rendered an
annual salary of Eighty Five Thousand Dollars ($85,000.00) payable in
installments at the same time as- that other mana.qerial employees of the City
are paid.
The City may periodically review City Manager's bec-performance, but in
no event less than =ffcr six (6) months from date of employment and annually
thereafter.--Imaddit-ie~, In conjunction with any review of performance, the City
Commission =grcc= to may increase said base salary and/or other benefits of
City Mana~erEmp!oycc in such amounts and to SUCh extent as the City
Willis. Agr
2./26/97
Commission may determine on the basis of any such performance review of said
C~ty Manager_,..~..w. ~...
2
Section 3. Terms of Employment
A. I..n accordance with Article IV, Section 49 of the City Charter, thn
City Mana,qer serves at the pleasure of the City Commission and the City
Manager's E-mp~s term of employment-~sha~l-~i~defip, i~e is not for a fixed
term.
B. Nothing in this Agreement shall prevent, limit, or otherwise interfere
with the right of the City Commission to terminate the services of City
Mana,qer_,, ,~.,o~ .... ' -, ,~';~*
C. Nothing in this Agreement shall prevent, limit: or otherwise interfere
with the right of the_~--ifv....,---,~-.._,,,~,,~,....,IM~m~n~r¢:'~'"'l ..... tO resign at any time from her
position with the City :subject only to the provisions set forth in Section 4,
paragraph B of this Agreement.
Section 4. Termination Conditions and Pay
A. In the event City Mana,qerEmp!cycc is terminated by the City
Commission either--by receipt anti acknowledgment of written notice and
concurrently while City Mana,qe~mp!cycc is willing and able to perform the
duties of City Manager, in such event, the City agrees to pay City
Mana,qerEmp!oycc a lump sum cash payment equal to six (6) months aggregate
base salary.
B. In the event City Mana,clerEmp!cycc voluntarily resigns her position
then City ManagerEmplcycc shall give City a minimum one (1) month notice in
advance, unless the parties otherwise agree. In the event of a voluntary
resi,qnation by the City Mana,qer, no a.aclre.aate severance pay shall be paid.
C, In the event City Mana,qer_,,,~.,_~.... is terminated because of her
conviction of any felonious act, then~ in that event, the City shall have no
obi ~gation to pay the aggregate severance sum.
Section 5. Automobile
City Mana,qer_,.,,.,oyw shall be i~-evided-with- paid $400.00 per month
car allowance.
Section 6,
Insurance.
Vacation, Sick Leave, Disability, Dental, Health and LifR
City Mana,qerE-mf)leyee shall receive the same vacation, sick leave,
dental, health, hospitalization and life insurance benefits as are granted to other
em~ managerial non-union employees of the City.
Section 7. Retirement
City and City Manager agrees to execute all necessary agreements
provided by the International City Management Association-Retirement
Corporation (ICMA-RC) for-City's City Mana,qer's participation in said ICMA-RC
retirement plan, and in addition to the base salary paid by the City to City
Mana,qerEmp. loycc, City agrees to pay an amount eqUal to Ten (10%) percent of
City Mana,qerE-ml~'S base salary or $7,500.00 whichever is less into the
CMA-RC on City Mana,qerE~s behalf, in equal proportionate amounts
each pay per~od, and to transfer ownership to succeeding City or the City
Mana,qerEmp!cycc upon City Mana,qerEmp!cycc's resignation or discharge.
Section 8. Dues and Subscriptions
The City agrees to budget and to pay for the professional dues and
subscriptions of City Mana,qerEmpleyee necessary for her continuation and full
participation Jn national, regional, state and local associations and organizations
necessary and desirable for her continued professional participation, growth and
advancement, and for the good of the City, including but not limited to, Florida
Bar dues, ICMA, FCCMA and PBCCMA.
Section 9. Professional/Educational Development
City agrees to budget and to pay the cost of registration, travel and
subsistence expenses to City Mana,qerEmpleyee for attending conferences,
training, educatio~ programs and meetings which serve to continue the
professional educational development of City.Mana,qerEmD. Jcycc; including but
not limited to. the Annual Conference of the International City Management
Association, Florida Pre-Legislative Session and Florida League of Cities
Conference.
Section 10. Business Expenses
City agrees to reimburse City Manan,~r=---., ..... ~,.. ~
. ...... r,,-,~ .... · ~,, ~3usiness-related
expenses upon presentation to the Finance Director of duly executed expense
vouchers, receipts, statements or personal affidavits.
Section 11. Indemnification
City shall defend, save harmless an(: indemnify City Mana,qerEmp!oycc
against any tort, professional liability claim or demand or other legal action,
4
whether groundless or otherwise, arising out of an alleged act or omission
occumng in the performance of City Mana,qerEmployco's duties as City
Manager. City shall either compromise and settle any claim or suit a,-,d or pay
the amount of any settlement or judgment rendered thereon, if not compromised
and settled.
Section 12. Bonding
City shall bear the full cost of any fidelity or other bonds required of the
C~ty Mana,qer_.,,~.,_¢ ~ under any law or ordinance
Section 13. Other Terms and Conditions of Employment
A. The Commission, in consultation with the Manager shal fix such
other terms and conditions of employment, as it may determine from time to time,
relating to the performance of City Mana,qerEmp!c¥cc, provided such terms and
conditions are not inconsistent with or in conflict with the provisions of the
Agreement, the City Charter or any other law.
B. In addition to the benefits cited herein this Agreement, City agrees
to provide City Mana,qerEmpleyee with any and a benefits that apply to other
mana,qerial non-union emplc;yees emCeye~s of the City.
C. City Mana,qerEmplcyoc shall be entitled to receive the same
vacation and sick leave benefits as are afforded Department Heads, including
provisions governing accrual and .payment therefor on termination of
employment based on her original employment date with the City.
D. City shall provide City Mana,qeremCeyee with reasonable time off
from normal duties as compensation for extended office hours and evening
meetings, upon reasonable notice to the City Commission.
E. City Mana,qerE-mCeyee agrees to move into the City of Boynton
beach within six (6) months from the date of actual employment date, and City
agrees to fund her moving expenses, in the amount of One Thousand Dollars
($1,000.00).
Section 14. Bindin,q Effect
This Agreement shall be binding on the City and City Mana,qerE-mpleyee
and the successors, assigns, and heirs of each respectively. The effective date
of this Agreement shall be March 1977.
5
N WITNESS WHEREOF, the City of Boynton Beach, Florida has caused this
Agreement to be signed and executed in its behalf by its Mayor and duly
attested to by its City Clerk, and Kerry Willis has signed and executed this
Agreement.
CITY OF BOYNTON BEACH, FLORIDA
Witness
Mayor
Witness
Witness Kerry Willis
Witness
Approved as to Form: ATTEST:
James A. Cherof, City Attorney
City Clerk