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HomeMy WebLinkAbout2008 11 24 Regular 604 ADD ON Approval of Manager Separation AgreementCity of Winter Springs Regular Meeting November 24, 2008 112408_COMM_Regular_Add_On_604_CM_S eparation_Agreement Page 1 of 1 COMMISSION AGENDA ADD-ON ITEM 604 November 24, 2008 Regular Meeting Consent Informational Public Hearing Regular X MGR. ~- /DEPT. Authorization REQUEST: The City Manager requesting the Commission to Consider Approval of the Attached Separation Agreement. PURPOSE: This agenda item is needed for the Commission to consider approval of the attached Agreement providing for a plan of separation at any point in time in which the Commission may choose to sever its employment relationship with the current City Manager. CONSIDERATION: Currently, the City Manager and the City does not have an Agreement setting out the terms and conditions under which the City may choose to sever its employment relationship with the current City Manager. The terms of the proposed Separation Agreement are customary for City Managers providing for the reasonable terms and conditions that would provide for the mutual benefit of the City and the City Manager, and an orderly transition of administrative leadership. FUNDING: No additional funding is required for this Agreement. RECOMMENDATION: It is recommended that the Commission approve the City Manager's attached Separation Agreement. ATTACHMENTS: Separation Agreement COMMISSION ACTION: AN 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, IF AND WHEN CITY MAY CHOOSE TO SEVER ITS EMPLOYMENT RELATIONSHIP WITH EMPLOYEE. R i 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 if and when City may choose to take such action. 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 provided to other employees under 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 employees under the City's personnel rules. Section IV: City agrees to hold harmless and defend Employee for all bona fide actions taken by Employee during his employment which are consistent with Employee's duties and responsibilities provided for in the City Charter. Section V: Nothing in this Agreement shall prevent or prohibit City from terminating Employee for criminal conduct, gross negligence, or intentional misconduct, and in such case terminating in full or in part the terms and conditions of this Agreement. Section VI: This Agreement may be extended or modified only by the mutual consent of City and Employee. Done and ordered this the 24th day of November 2008 by the City Commission duly assembled in Winter Springs, Seminole County, Florida. RONALD W. McLEMORE CITY MANAGER ATTEST: AN 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. ., ,~~~ ~ ,~ /` ~ '~~~ RONALD W. McLEMO ;' ATTEST: CITY OF WINTER SPRINGS . / ' J F. BUSH, Mayor