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Home My WebLink AboutCity of Tamarac Resolution R-99-2261 Temp. Reso. #8742 August 31, 1999 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99- Aaa A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, PROVIDING FOR TERMS OF EMPLOYMENT FOR CITY MANAGER JEFFREY MILLER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Resolution No. R-99-214 approved by the City Commission on August 25, 1999 appointed Jeffrey Miller as City Manager effective at the close of business (5:00 p.m.) September 10, 1999, subject to terms and conditions being approved by the City Commission at a subsequent date; and WHEREAS, the City Commission deems it to be in the best interest of the citizens and residents of the City of Tamarac to accept the following terms and conditions for the employment of their City Manager. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: 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: Jeffrey Miller's (hereinafter referred to as "MILLER") appointment as City Manager of the City of Tamarac is subject to the following conditions which MILLER has agreed to by signature on Exhibit "A". 2 Temp. Reso. #8742 August 31, 1999 SECTION 3: As of September 10, 1999, MILLER will receive a salary of Eighty Nine Thousand Dollars ($89,000) per year, payable in twenty-six (26) equal installments at such pay periods as all other City employees are paid. SECTION 4: In lieu of the use of a City vehicle, MILLER shall receive a monthly car allowance of Four Hundred Fifty Dollars ($450), to be paid the first (1s) pay period of each month. SECTION 5: MILLER shall participate in the City's 401(a) Pension Plan on the same terms and conditions available to managerial employees. At MILLER's option a separate 401(a) plan may be established for his benefit with the City's contribution continuing to be equal to the contribution allocated for management employees of the City of Tamarac. SECTION 6: Unless otherwise designated herein, MILLER shall receive all benefits on the same terms and conditions as are available to other City employees. SECTION 7: MILLER shall be entitled to reimbursement upon proper proof of his statement of costs for all necessary expenses properly incurred in the due course of business on behalf of the City of Tamarac. SECTION 8: MILLER shall be considered an "at will" employee of the City and may be terminated without cause with a minimum of forty-eight (48) hours prior notice by the City Commission, SECTION 9: If MILLER is terminated without cause twenty-six (26) weeks' severance pay shall be awarded. Severance pay (exit salary rate), shall be paid bi-weekly as payroll rather than in one lump sum. City health insurance shall continue to be provided until such time as MILLER becomes gainfully employed and insured, however, 3 Temp. Reso. #8742 August 31, 1999 the City shall not be obligated to provide health insurance for more than fifty-two (52) weeks. No other benefits shall be owed or paid by the City beyond the twenty-six (26) weeks' severance pay and continued health coverage. SECTION 10: Upon dismissal for cause, no severance pay or extended health coverage other than that mandated by COBRA requirements will be awarded. For the purpose of this Resolution, "for cause" shall be defined as convictions of any felony, or a misdemeanor directly relating to his powers, duties or privileges or charges involving moral turpitude, while in office. SECTION 11: City may suspend MILLER with full pay and benefits at any time during the term of this agreement, but only if (a) A majority of the Commission and MILLER agree, or (b) After a public hearing, a majority of the Commission votes to suspend MILLER for just cause provided, however, that MILLER shall have been given written notice setting forth any charges at least ten (10) days prior to such hearing by the Commission members bringing such charges. SECTION 12: MILLER may engage in outside employment including teaching, lecturing or consulting on his personal time. No such employment may conflict with his duties as City Manager. SECTION 13: A cellular telephone shall be provided by the City. MILLER shall be permitted to use the telephone for official City business and to make incidental personal calls within the local area. Long distance calls of a personal nature are prohibited. 1 1 1 4 Temp. Reso. #8742 August 31, 1999 SECTION 14: At the discretion of the City Commission, but no later than April 2000, the City Commission shall review MILLER's performance and the terms and conditions of his employment. At the sole discretion of the City Commission, all terms of employment, including but not limited to salary, pension, deferred compensation and car allowance, may be reviewed and modified as deemed appropriate by the City Commission. SECTION 15: Subsequent to the initial evaluation, the City Commission shall review and evaluate the performance of MILLER at least once annually in advance of the adoption of the annual operating budget. Said review and evaluation shall be in accordance with specific criteria developed jointly by MILLER and the City Commission. Said criteria may be added to or deleted from as the Commission may, from time to time, determine in consultation with MILLER. SECTION 16: All necessary budget transfers are hereby approved. SECTION 17: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 18: 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 19: This Resolution shall become effective immediately upon its passage and adoption. 1 I 5 Temp. Reso. #8742 August 31, 1999 PASSED, ADOPTED AND APPROVED this kA day of , 1999. ATTEST: I HEREBY CERTIFY that I have approved this RESOLUTION as to forpl" MITCHELL S. KR FT 61TY ATTORNEY E SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PARTNER_ DIST 2: � V M MISITYJN DIST 3: COMM. St�.T�11PiC DIST 4: __ COMM. FiQB,M.,, 6 Temp. Reso. #8742 August 31, 1999 EXHIBIT "A" September 8, 1999 City of Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321 Re: Jeffrey Miller — Letter of Acceptance — City Manager To Whom It May Concern: I, JEFFREY MILLER, as an inducement to accept employment as City Manager of the City of Tamarac, hereby accept the terms and conditions of Temporary Resolution No. 8742. Sincerely, ..;Ooele Jeff(4 Miller Attachment cc: City Commission Mitchell S. Kraft, City Attorney Carol Gold, City Clerk Maria Swanson, Personnel Director STATE OF FLORIDA ) ) ss: COUNTY OF BROWARD ) Sworn to and subscribed before me this da of er1999. Notary Public tate of Florida Print Name — My Commission Expires: ( ) Did take an oath (,Personally known to me :•.Ci�Ct�000t�(tCSSCKKV.d^,;•;•, :>;�P.tttttitttttt5 Carol Gold :., Notary Public, state of Florida < ., � �.. Commission No. CC 597328 ; °f•` ' My Commission Exp. 12/27/2000� Bonded 11vouQlt Fla. Not ®ay 5trviee & .3 mding Co. ( Id not take an Oath �11llllllllll........Itl/lrllrlllll:.'1 Y1f1�1111111 . ( ) Identification shown (type of ID)