HomeMy WebLinkAboutMcLemore, Ronald W. Seperation Agreement - 2008 11 24AN AGREEMENT ENTERED INTO THIS THE 24TH DAY OF NOVEMBER, 2008 BY
AND BETWEEN RONALD W. MCLEMORE HEREIN REFERRED TO AS "EMPLOYEE"
AND THE CITY OF WINTER SPRINGS HEREIN REFERRED TO AS "CITY"
PROVIDING FOR THE TERMS AND CONDITIONS OF EMPLOYEE'S SEPARATION
FROM EMPLOYMENT.
Reci is
WHEREAS, Employee was employed on January 16, 1996 to assist the City
Commission in formulating and carrying out a new vision for the City that would result
in Winter Springs becoming recognized as one of the finest cities in the State and the
Nation in which to live, and for its excellence in the delivery of municipal services, and
WHEREAS, Employee over the past twelve years of service has faithfully and
successfully carried out those responsibilities resulting in; (1) Winter Springs being
recognized by MSN Advisory Services criteria as the Number One City in the Nation in
which to purchase a new home in Winter Springs' population range, and (2) in Money
Magazine as the second best City in Florida and Thirty First best City in the Nation in
which to live in Winter Springs' population range, and (3) Winter Springs winning
numerous national and state awards of excellence, and
WHEREAS, Employee desires to formalize the terms and conditions of his
remaining service with the City of Winter Springs.
Terms and Conditions
NOW, THEREFORE, IN CONSIDERATION OF EMPLOYEE'S EXTRAORDINARY
RECORD OF ACCOMPLISHMENTS AND CONTRIBUTIONS TO THE PROGRESS OF
CITY DURING HIS TENURE OF SERVICE WITH CITY BE IT ACKNOWLEDGED that
City and Employee agree to the following terms and conditions related to
Employee's separation from service with City.
Section I: Consistent with the City Charter, during Employee's remaining
period of employment with the City, Employee will continue to
receive all rights, compensation, and benefits currently provided to
employee, and all other rights and privileges currently provided to
all other employees of the City.
Section II: If at any time during Employee's employment, City should choose to
have Employee vacate his position for purposes of convenience,
Employee shall be allowed to resign and vacate his position
immediately. In such case, Employee shall continue to receive the
same compensation and benefits as severance for a period of six
months following the date of termination from employment, less car
and cell phone allowances. Employee shall also be entitled to the
payment of unused sick and annual leave as provided to other City
employees to the extent provided for in the City's personnel rules.
Section III: In the event Employee chooses to voluntarily terminate employment
with the City, City shall have no obligation to continue any
compensation and benefits to Employee other than the payment of
unused sick and annual leave as provided to all other City employees
to the extent provided for in the City's personnel rules.
Section IV: City agrees to hold harmless and defend Employee for all bona fide
actions arising out of actions taken within the scope of his duties as
City Manager and consistent with Employee's duties and
responsibilities provided for in the City Charter.
Section V: If Employee is terminated from employment with the City because of
criminal conduct, gross negligence, or intentional misconduct,
Employee shall not receive the severance set forth n Section II of this
Agreement. Further, Employee shall not be held harmless and
defended by the City for such criminal conduct, gross negligence, or
intentional misconduct.
Section VI: This Agreement may be extended or modified only by the mutual
written consent of City and Employee.
Section VII: This Agreement shall be governed by Florida law. Venue for any
action or proceeding shall be in Seminole County, Florida.
Done and ordered this the 24~h day of November 2008 by the City
Commission duly assembled in Winter Springs, Seminole County, Florida.
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RONALD W. McLEMO ;'
ATTEST:
CITY OF WINTER SPRINGS
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J F. BUSH, Mayor