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Home My WebLink AboutCity of Tamarac Resolution R-2008-0961 Temp. Reso #11387 Rev. 6/10/08 Rev. 6/11 /08 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008- A� 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, R-2004- 72, R-2005-136, R-2006-108, AND R-2007-63; 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, R-2004-72, R-2005-136, R-2006-108 and R-2007-63; and WHEREAS, the salary and benefits of the City Manager are fixed from time to time by the City Commission pursuant to Tamarac Charter Section 5.02(c); and WHEREAS, the City Commission has reviewed MILLER's performance for this last year; and WHEREAS, it is the express desire of the City Commission to continue to retain the services of MILLER and to provide an inducement for him to remain in such employment; and WHEREAS, it is the intent of the City Commission and MILLER to secure MILLER's services until his potential planned retirement date of January 28, 2011; and Temp. Reso #11387 Rev. 6/10/08 Rev. 6/11 /08 Page 2 WHEREAS, nothing in this Resolution shall prevent, limit or otherwise interfere with the right of MILLER to voluntarily resign at any time from his position with the City, subject only to the provisions set forth in this and all previous Resolutions incorporated herein by reference and made a specific part hereof regarding terms of employment; and WHEREAS, the City Commission desires to provide a four (4%) percent salary increase for MILLER which will result in MILLER's salary to be set at $193,956 per year retroactive to April 30, 2008, payable in twenty-six (26) equal installments at such pay periods as all other City employees are paid; and WHEREAS, the City Commission agrees to provide an annual four (4%) percent increase to MILLER's salary effective no later than April 30 of each year based on satisfactory performance; and WHEREAS, nothing in this Resolution shall prevent the City Commission, at its sole discretion, from awarding an increase of greater than four (4%) percent for outstanding performance by MILLER; and WHEREAS, the City Commission agrees to fully fund MILLER's health insurance policy secured by the City after MILLER's retirement until he is legally eligible for Medicare; and WHEREAS, available funds have been appropriated and exist in the FY 2008 General Fund Budget and will be allocated in future years for this purpose; and 1 Temp. Reso #11387 Rev. 6/10/08 Rev. 6/11 /08 Page 3 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 and conditions of employment for City Manager Jeffrey L. Miller shall be modified as described herein, and that such compensation and other benefits described herein are both 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 it is the desire of the City Commission to retain the services of MILLER until his potential planned retirement date of January 28, 2011. SECTION 3: That MILLER receives a salary of $193,956 per year retroactive to April 30, 2008. SECTION 4: That the City Commission agrees to provide an annual four (4%) percent salary increase to MILLER effective April 30 of each year until his potential retirement based upon satisfactory performance. SECTION 5: That the City Commission agrees to fully fund MILLER's City of Tamarac's health insurance policy secured by the City during his remaining employment with the City of Tamarac and after his retirement until MILLER is eligible for Medicare. Temp. Reso #11387 Rev. 6/10/08 Rev. 6/11 /08 Page 4 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, R-2004-72, R-2005-136, R-2006-108, R-2007-63 incorporated herein by reference and made a part hereof 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 shall be reviewed on or before April 30'h of each year. SECTION 8: That MILLER accepts 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, R-2005-136, R-2006-108, R-2007-63, incorporated herein by reference and made a part hereof and Temporary Resolution 11387 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. SECTION 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. C PASSED, ADOPTED AND APPROVED this ATTEST: /P ARION SWENSON, TC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. S EL S. OREN CITY ATTORNEY 1 Temp. Reso #11387 Rev. 6/10/08 Rev. 6/11 /08 Page 5 049�b_ day of , BETH FLANSBAUM-TALABISCO, Mayor RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM PORTNER DIST 2: COMM ATKINS-GRAD C DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER 0 Temp. Reso #11387 Rev. 6/10/08 Rev. 6/11 /08 Page 6 EXHIBIT "A" April 23, 2008 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, R-2005-136, R-2006-108, R-2007-63 and Temporary Resolution No. 11387. Sincerely, '( . 1117 � Jeffre Iller, City Manager C: City Commission Samuel S. Goren, 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 U_ 2008. „ROBYTI THALEWELD 1 ..: +: MY COMMISSION # DD 534246 EXPIRES: June 1, 2010 „n eaidedThni"10n'y Pubk U"d°^"A" Nota Public, State of Florida 'F�o Y�,j T-kQ(edec�J Print Name My Commission Expires: ( ) Did take an oath ( ) Did not take an oath (yQ Personally known to me ( ) Identification shown (type of ID) 1 7 1