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HomeMy WebLinkAbout1984-07-30 - City Commission Special Meeting Minutesr- 1 M MAIL REPLY TO: P.O. BOX 25010 TAMARAC. FLORIDA 33320 5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 July 23, 1984 NOTICE OF SPECIAL MEETING CITY COUNCIL CITY OF TAMARAC, FLORIDA There will be a Special Meeting of the City Council on Monday, July 30, 1984 at 9:00 A.M. in the Council Chambers of City Hall, 5811 NW 88 Avenue, Tamarac. The purpose of this meeting is discussion and possible action regarding selection of City Manager. The Council may consider and act upon such other business as may come before it. The public is invited to attend. Carol A. Evans Assistant City Clerk Pursuant to Section 286.0105, Florida Statutes If a person decides to appeal any decision made by the city Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings and for such purpose, he may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. MAIL REPLY TO: P.O. BOX 25010 TAMARAC, FLORIDA 33320 5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 NOTICE OF SPECIAL MEETING CITY COUNCIL CITY OF TAMARAC, FLORIDA July 27, 1984 A Special Meeting of the City Council has been scheduled for Monday, July 30, 1984, at 10:00 A.M., In the Council Chambers at City Hall, 5811 Northwest 88th Avenue, Tamarac, Florida. The purpose of this meeting is to provide clarification and accept the resignation of the City Manager; and to authorize expenditure for settlement with the City Engineer. The public is invited to attend. Marilyn Bevffiolf, CMC City Clerk Pursuant to Section 286.0105, Florida Statutes If a person decides to appeal any decision made by the city Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings and for such purpose, he may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based, "An Equal Opportunity Employer" � ON .W CITY OF TAMARAC, FLORIDA SPECIAL CITY COUNCIL MEETING July 30, 1984 Tape CALL TO ORDER: Mayor Philip B. Kravitz called the meeting to order I on Monday, July 30, 1984, at 10:10 A.M.,.in the Council Chambers at City Hall. Mayor Kravitz read the call to the meeting into the record. ROLL CALL:* PRESENT: Mayor Philip B. Kravitz *See bottom of Vice Mayor Sydney M. Stein Page 2. C/M Jack Stelzer C/M Raymond J. Munitz ABSENT AND EXCUSED: C/M John J. Dunne ALSO PRESENT: City Attorney Jon Henning Secretary, Carol Thrasher The purpose of the meeting was to provide clarification and accept the resignation of the City Manager and to authorize expenditure for settle- ment with the City Engineer. SYNOPSIS OF ACTION: Reconsidered Council's actions taken on 7/25/84. Larry Keating's resignation accepted (see Attachment #1) and City Manager authorized to pay Mr. Keating the sum of $10,000.00 as a lump sum for settlement of termination. Revised release to be hand - delivered today for Mr. Keating's signature. Accepted conditions in City Attorney's revised memo of 7/30/84 regarding settlement with City Manager (see Attachment #2) and authorized Finance Department to prepare the appropriate checks pur- suant to those figures as agreed to by Attorney O'Donnell. City Attorney to prepare additional release for Mrs. Stuurmans' signature. City Attorney Henning advised that the meeting was called to clarify the status for the record with regard to individual discussions and Public meetings. He advised that in the last Council Meeting on July 25th, there were memos and releases discussed. He added that questions were razs..ed at both that meeting and the Reconvened Meeting on Thursday, July 26th, regarding the provisions in the Personnel Manual for buy-back of accrued Sick Leave. He stated that this was in regard to City Manager Laura Stuurmans and City Engineer Larry Keating, who have both submitted resignations under particular circumstances and which were to be approved by the City Council. The City Attorney continued that Council had asked the Finance Department and the City Attorney to compute the formula for buy-back of the Sick Leave and added that it should be made clear that when referring to accrued leave, it means 100% value of that leave, which is either used at full value or bought back by the City at a reduced rate as set forth in Section 25.06 of the Personnel Manual. He stated that Vacation Leave is bought back at full value, as salary. -1- 7/30/84 /cmt Mr. Henning stated that it is his understanding of the legal position as it relates to Larry Keating that the City Manager is authorized to accept the resignation and Council must authorize the expenditure of the settle- ment. He continued that that settlement includes a lump sum amount of $10,000.00 and added that Council should be aware that the conditions of Mr. Keating's resignation included buy-back of the Sick Leave, which amounts to $2,288.06 based on the formula in the Personnel Manual; and 100% of Vacation Leave amounting to $2,281.96. The City Attorney stated that this differs slightly from his July 19th memo because some of Mr. Keating's Vacation Leave was included on his last check. He added that the Pension Plan pay -back is for the 1% contribution made by Mr. Keating plus 5% interest compounded quarterly. Mr. Henning advised Council that action must now be taken on the approval of the settlement amount, in view of these conditions. City Attorney Henning advised that the second item is a revision of his July 24th memo regarding the resignation of the City Manager. C/M Munitz referred to the revised memo regarding Larry Keating stipulating the settlement and asked if the pay -back of the Pension Plan amount would be included in that memo and the City Attorney confirmed that it would, adding that it is not a condition of the settlement but is by the rules. Mayor Kravitz confirmed with the City Attorney that Mr. Keating had picked up the checks on Friday and asked if a signed agreement had been received. The City Attorney stated that he had talked with Mr.. Keating by telephone, and Mr. Keating acknowledged receipt of that check and agreed to sign an amended release. The City Attorney added that Mr. Keating indicated that he did not anticipate any legal action but requested that if Laura is given__any additional consideration, he —... would like the same consideration. C/M Munitz asked if Mr. Keating picked up checks for the total amount and the City Attorney advised that it included the Vacation pay of $2,281.96 and the Sick Leave pay of $2,288.06. C/M Munitz confirmed with the City Attorney that approval of the $10,000.00 settlement is now required. C/M Stelzer pointed out that the original release is invalid and the City Attorney stated that Mr. Keating has agreed to sign a revised release. The Vice Mayor stated that he understood that Mr. Keating was going to sign that release on Friday or the checks would be stopped and stated his concern in handling the release by mail. City Attorney Henning stated that he contacted Mr. Keating by telephone to get his position on this action because Mr. Henning had only Council's observations that there was some dissatisfaction. He continued that in discussions with Staff and this telephone conversation, Mr. Keating did not indicate that there would be repercussions and agreed to sign the release. The City Attorney suggested that this could be hand -delivered today and added that he anticipates no problem. Both the Mayor and the Vice Mayor agreed that the release should be hand -delivered today. The Vice Mayor MOVED to accept Larry Keating's resignation and authorize the Acting City Manager to pay Mr. Keating the sum of $10,000.00 as an agreed lump sum for settlement of termination. Mayor Kravitz asked for clarification that this action should be taken by the Acting City Manager or the City Manager and the City Attorney advised that Laura is -in her office today as Mr. Wood is ill. The Vice Mayor agreed to AMEND his MOTION to the City Manager. C/M Munitz SECONDED. *At C/M Stelzer's suggestion, the roll was taken at this time. VOTE: ALL VOTED AYE -2_ 7/30/84 /cmt � � r City Attorney Henning advised that with regard to Laura Stuurmans, the Attorney on her behalf is present, as he was on July 25th, in previous discussion of this subject. Mr. Henning added that the figures in this regard are for Vacation pay at full value amounting to $3,886.96, Sick Leave pay based on the formula in Section 25.06 of the Personnel Manual amounting to $9,227.74, and the lump sum settlement of $12,500.00. Mr. Henning stated that no additional releases will be executed since there were no specific conditions addressed; however',if Mr. O'Donnell wants other releases, they will do so. Mr. Henning advised Council that action is now required to resolve these matters. C/M Munitz asked if this had been agreed to by Mrs. Stuurmans and her Attorney. Mayor Kravitz referred to Ttem 6 of the City Attorneys memo and asked if Mrs. Stuurmans' leave for July 30 and 31 was considered in the final adjustment. The City Attorney advised that this was Personal Leave that had been accrued for which she was not asking a pay -back. The Vice Mayor pointed out that the City Manager was here today and he felt that it was commendable of her to do that. City Attorney Henning referred to Mr. O'Donnell's letter which stated the conditions for 100% Sick Leave on both resignations and advised that a revised letter may be needed, if this is resolved today. Mr. John O'Donnell, Attorney, 6tated that when the letter of rL-siEnatinn---w.as .submitt_esl_..bv_.Ilrs. Stuurmans, an .ac-companving-letter-_ —_ stipulated the conditions of that resignation. He continued that the stipulation regarding Sick Leave remains in dispute and his understanding was that the agreement was reached for pay -back at 100% of the Sick Leave value. He recalled that in the previous discussions regarding the formula in the Personnel Manual, there was a question whether it applied to Mrs. Stuurmans with regard to her position as City Manager. Mr. O'Donnell stated that their position is that the agreement and the Resolution approved by Council last week both intended 100% pay -back. He asked that Council consider this in their actions and suggested a compromise between the 100% and the 25% in the Personnel Manual. C/M Munitz confirmed with Mr. O'Donnell that he was referring to the Sick Leave and added that the original letter stated that the City would pay all of her accrued Sick Leave as of the effective date, but did not state any specific percentage that would be paid. Mr. O'Donnell stated that he was referring to his letter to the City, which reflected his assumption that it was for 100% based on the statement that it was for all of her accrued Sick Leave. Mayor Kravitz advised that 100% cannot be assumed when it is contrary to the Code and added that Council's intention today is to clarify those provisions. He added that the City Attorney's memo to Council recommends following the provisions of the Personnel Manual, which indicates that pay -back figure as $9,227.74, and asked Mr. 'O'Donnell if he was agreeable to that. Mr. O'Donnell agreed. C/M Stelzer asked if the Resolution should be reconsidered and the Vice Mayor stated that it did not stipulate the percentage. Mayor Kravitz advised that in last week's Council meeting, the City Attorney and the Finance Director were requested to submit figures, and added that those figures are included in the City Attorney's memo. C/M Stelzer asked if the figures regarding Mr. Keating were changed and the Mayor replied that they were based on the Personnel Manual. C/M Stelzer pointed out that the Resolution called for $9,000.00 and the Mayor asked the City Attorney for the legal way to handle this to protect the City. -3- 7/30/84 /cmt City Attorney Henning advised that the purpose of this meeting was to clarify or reconsider the actions taken in the July 25th meeting, and suggested that the motion should be to reconsider actions of Council regarding conditions of resignations of Laura Stuurmans, City Manager, and Larry Keating, City Engineer. C/M Munitz so MOVED and Vice Mayor Stein SECONDED. 1 41PI 1 ALL VOTED AYE City Attorney Henning advised Council, in regard to the City Manager, that the motion should be to accept the conditions as set forth in the City Attorney's revised memo of July 30, 1984, and authorize the Finance Department to prepare the appropriate checks pursuant to those figures. Mayor Kravitz asked that the motion include that the Attorney for Mrs. Stuurmans agreed to those figures. C/M Munitz so MOVED and Vice Mayor Stein SECONDED. C/M Stelzer confirmed with the City Attorney that a revised resignation is not needed from Laura. VOTE: ALL VOTED AYE City Attorney Henning asked Mr. O'Donnell's opinion if additional releases are required or if he was satisfied with those previously submitted. Mr. O'Donnell. st-a.ted that there should be additional releases because there is no question in his mind that the conditions have changed and the reduction should be in writing in order that no further changes can be made. Mayor Kravitz agreed that additional releases would be executed. Mayor Kravitz adjourned the meeting at 10:30 A.M. • A • ATTEST: - ASSISTANT CITY CLERK This public document was promulgated at a cost of $ or $ /•/0 per copy to inform the general public and public officers and employees about recent opinions and considerations by the Council of the City of Tamarac. -4- 7/30/817 /cmt CITY OF TAN"AC APP VED AT MWIPIG OF City Clerk e i ATTACHMENT #2 TO MINUTES OF 7/30/84 - CITY COUNCIL SPECIAL MEETING, 7/30/84 MEMO TO: FROM: GATE: SUIJECT: REFERENCE: *END NO. CITY OF TAURAC CITY ATTORNEVS OFFICE INTER -OFFICE NENORANDUN Mayor Philip B. Kravitz and Members of Council Jon M. Henning, City Attorney July 30, 1984 REVISED CONDITIONS OF ACCEPTANCE OF RESIGNATION OF LAURA Z. STUURMANS, CITY MANAGER MEMO - 84-7-22 DATED JULY 24, 1984 -*'WgW ! The conditions of acceptance of Laura Z. Stuurmans resignation as City Manager as discussed with her attorney are outlined below: 1. Resignation to be effective Tuesday, July 31, 1984 at 5:00 P.M. 2. City will pay Laura Z. Stuurmans 100% of her accrued vacation leave as provided in Section 26.03 of the Personnel Manual, $3,886.96. 3. City will pay Laura Z. Stuurmans that portion of her accrued sick leave that is computed by applying the formula for pay back at termination which is provided in Section 25.06 of the Personnel Manual $9,227.74. 4. City will pay a $12,500 lump sum settlement to Laura Z. Stuurmans. 5. Laura Z. Stuurmans will execute a General'Release for the City, its officers and employees. 6. Laura Z. Stuurmans will be on leave July 30 and July 31, 1984. 7. Pension benefits will remain in tact until Laura Z. Stuurmans or her beneficiaries are eligible for payments. JMH:mw ACKNOWLEDGED AND AGREED TO BY: DATE Lam;-P=cy or M = auss CF EaMOL sA�ts Moll 7/30/84 /cmt 1 F. I ATTACHMENT 1 TO MINUTES OF 7130184 - CITY COUNCIL SPECIAL MEETING, 7/30/84 CITT OF TNIARAC CITT ATTORMET'S OFFICE ~ INTER -OFFICE RENDRANDUM MEND T0: Laura Z. Stuurmans, City Manager FROM: Jon M. Henning, City Attorney oATE: July 30, 1984 SUBJECT: REVISED CONDITIONS OF ACCEPTANCE OF RESIGNATION OF LAWRENCE J. KEATING, CITY ENGINEER REFERENCE: MEMO - 84-7-18 dated July 19, 1984 M D ■a. 84-7-25 The conditions of acceptance of Lawrence J. Keating's resignation as City Engineer as discussed with both of you today are outlined below: 1. Resignation to be effective Tuesday, July 31, 1984 at 5:00 P.M. 2. City will pay Lawrence J. Keating 100% of his accrued vacation leave as provided in Section 26.03 of the Personnel Manual, $2,281.96, as of effective date. 3. City will pay Lawrence J. Keating that portion of his accrued sick leave that is computed by applying the formula for pay back at termination which is provided in Section 25.06 of the Personnel Manual, $2,288.06, as of effective date. 4. City will pay a $10,000 lump sum settlement to Lawrence J. Keating. 5. Lawrence J. Keating may keep those engineering books which are in the City Engineer's Library provided they are inventoried before removal. 6. Lawrence J. Keating will execute a General Release for the City, its officers and employees. 7. Lawrence J. Keating will be on leave from July 20, 1984 to July 31, 1984. 8. Lawrence J. Keating will receive reimbursement of his 1% plus interest accrued at 5% compounded quarterly as provided in the Pension Plan. JMH:mw - w • rv... •• -i 1 -5- 7/30/84 /cmt