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Home My WebLink AboutCity of Tamarac Resolution R-2005-136Temp. Reso #10735 6/28/05 7/1 /05 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005-1,3� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; AMENDING THE TERMS OF EMPLOYMENT OF CITY MANAGER JEFFREY L. MILLER, AS SET FORTH IN RESOLUTION NO. R-99-226; AS AMENDED BY RESOLUTION NOS. R-2000-91, R-2001-123, R-2002-116, R-2003-90 and R-2004-72; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Jeffrey L. Miller (hereinafter referred to as "MILLER") has been employed as City Manager since September 8, 1999 pursuant to Resolution No. R-99-226; as amended by Resolution Nos. R-2000-91, R-2001-123, R-2002-116, R-2003-90 and R-2004-72; and WHEREAS, the salary and benefits of the City Manager are fixed by the City Commission pursuant to Tamarac Charter Section 5.02(c); and WHEREAS, the City Commission has reviewed MILLER'S performance; and WHEREAS, the City Commission desires to provide a seven and one-half (7-1/2%) percent salary increase which will result in MILLER'S salary to be set at $153,526 per year effective April 30, 2005, payable in twenty-six (26) equal installments at such pay periods as all other City employees are paid; and WHEREAS, if MILLER decides to join the proposed City of Tamarac Elected and Appointed Officers and Non -Represented Employees Retirement Plan, the City Temp. Reso #10735 6/28/05 7/1 /05 Page 2 Commission desires to pay MILLER'S employee contribution of ten (10%) percent to the plan effective the date he joins the plan. The City Commission is authorized by this Resolution to eliminate its future contributions to MILLER'S 401(a) plan effective the date MILLER joins the Elected and Appointed Officers and Non -Represented Employees Retirement Plan; and WHEREAS, the City Commission desires to increase MILLER'S deferred compensation in the amount of $2,000 in 2005 to be paid by August 1, 2005, and by an additional $2,000 beginning in 2006 with the total amount of deferred compensation to be paid annually in a lump sum every calendar year on or before January 101"; and WHEREAS, the City Commission desires to extend MILLER'S severance pay an additional twenty-six (26) weeks; and WHEREAS, available funds exist in the General Fund Budget for this purpose; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac that the terms of employment for City Manager Jeffrey L. Miller be modified as described herein, and that such compensation is fair and equitable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That MILLER receives a salary of $153,526 per year effective April 30, 2005. Temp. Reso #10735 6/28/05 7/1 /05 Page 3 SECTION 3: That if MILLER decides to join the proposed City of Tamarac Elected and Appointed Officers and Non -Represented Employees Retirement Plan, the City Commission desires to pay MILLER'S employee contribution of ten (10%) percent to the plan effective the date he joins the plan. The City Commission is authorized by this Resolution to eliminate its future contributions to MILLER'S 401(a) plan effective the date MILLER joins the Elected and Appointed Officers and Non -Represented Employees Retirement Plan. SECTION 4: That the City Commission hereby increases MILLER'S deferred compensation in the amount of $2,000 in 2005 to be paid by August 1, 2005, and by an additional $2,000 beginning in 2006 with the total amount of deferred compensation to be paid annually in a lump sum every calendar year on or before January 10th SECTION 5: That MILLER'S severance pay is extended an additional twenty-six (26) weeks. SECTION 6: All other benefits and terms and conditions of employment as provided in Resolution No. R-99-226 as amended by Resolution Nos. R-2000-91, R-2001-123, R-2002-116, R-2003-90 and R-2004-72 and Temporary Resolution 10735, shall remain in effect and are not affected by the provisions of this Resolution. SECTION 7: That MILLER'S performance and terms and conditions of employment be reviewed by April 30t" of each year. SECTION 8: That MILLER accepts the terms and conditions of Resolution No. Temp. Reso #10735 6/28/05 7/1 /05 Page 4 R-99-226 as amended by Resolution Nos. R-2000-91, R-2001-123, R-2002-116, R-2003-90, R-2004-72 and Temporary Resolution 10735 as agreed to by his signature on Exhibit "A". SECTION 9: All necessary budget transfers are hereby approved. SECTION 10: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. ECTION 11: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 12: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of J ul L4 2005. JOE SCHREIBER Mayor ST: V� RECORD OF COMMISSION VOT MARION SWENSON, CIVIC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF e DIST 4: COMM. ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GOREN INTERIM CITY ATT RNEY Temp. Reso #10735 6/28/05 7/1 /05 Page 5 EXHIBIT "A" June 1, 2005 City of Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321 Re: Jeffrey L. Miller — Letter of Acceptance — City Manager To Whom It May Concern: I, JEFFREY L. MILLER, as an inducement to continue employment as City Manager of the City of Tamarac, hereby accept the terms and conditions of Resolution No. R-99-226 as amended by Resolution Nos. R-2000-91, R-2001-123, R-2002-116, R-2003-90, R-2004-72 and Temporary Resolution No. 10735. Sincerely, Jeffrey L. Miller, City Manager Attachment C: City Commission Samuel S. Goren, Interim City Attorney Marion Swenson, City Clerk Maria Swanson, Human Resources Director STATE OF FLORIDA ss: COUNTY OF BROWARD Sworn to and subscribed before me this day of 2005. ONOTARY SEA NP(ZV pie<i P OFFICIAL ROBYN THALENFELUg..,..:.. 1 y COMMISSION NUMBER pp118067 ota Public, State of Flori My COMMISSION EXPIRES OF FL' .I!.INF1,2tia)6 �_-_► Q i,n �� Print Name My Commission Expires: ( ) Did take an oath ( ) Did not take an oath (7� Personally known to me ( ) Identification shown (type of ID)