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HomeMy WebLinkAboutCity of Tamarac Resolution R-94-0341 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281 29 30 31 32 33 34 35 Temp. Reso. #6654 (Revision 1) CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA, APPOINTING ROBERT S. NOE, JR. AS CITY MANAGER; PROVIDING FOR A STARTING DATE OF EMPLOYMENT; PROVIDING FOR TERMS OF EMPLOYMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: Robert S. Noe, Jr. (hereinafter referred to as "NOE") is appointed to serve as City Manager of the City of Tamarac, subject to the following conditions which NOE has agreed to by signature to a letter of February 25, 1994, a copy of which is attached as Exhibit "A" and incorporated by reference herein: 1 . NOE will begin to serve as City Manager on February 28, 1994. 2. As of February 28, 1994, NOE will receive a salary of Eighty -Two Thousand Dollars ($82,000.00) per year, payable in twenty-six (26) equal installments at such pay periods as all other City employees are paid. 3. In lieu of the use of a City vehicle, NOE shall receive a monthly car allowance of Four Hundred Fifty Dollars ($450.00), to be paid the first (1st) pay period of each month. 4. In lieu of participation in the City's pension program, NOE shall participate in either the International City Managers' Association Deferred Compensation Program or an approved money purchase program to which the City shall contribute Seven Thousand Five Hundred Dollars ($7,500.00) in deferred compensation per year and the City shall transfer it per NOE'S direction. 5. Health insurance shall be made available to NOE on the same terms and conditions as made available to other City employees. 6. Unless otherwise designated herein, NOE shall receive all benefits received by general City employees. 7. Upon commencement of employment, NOE shall be credited with twenty (20) days of vacation leave. Thereafter NOE shall accrue and have credited on the anniversary of his employment twenty (20) vacation days annually. Maximum accrual of vacation leave shall not exceed six (6) weeks. Sick leave shall be awarded as follows: NOE shall be credited with 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 thirty (30) days of paid sick leave upon his date of hire and thirty (30) additional days on the anniversary date of his hire, Ibbs Skye The purpose of this sick leave is for NOE's use in the event of injury because of an accident or serious illness. Otherwise, NOE shall be governed by the same sick leave policies as any other managerial employee. 8. The City shall pay the annual dues for up to two (2) professional organizations of NOE's choosing. 9. Travel expenses, accommodations, registration and tuition shall be paid for attendance at National, Regional and/or State conferences and/or Seminars. Such conferences and/or seminars shall be related to the profession of City Manager. It is expected that NOE will attend the annual conference of ICMA and FCCMA at City expense. 10. NOE shall be entitled to reimbursement upon proper proof or his statement of costs for all necessary expenses properly incurred in the due course of business on behalf of the City of Tamarac. 11. NOE 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 Council. 12. If NOE 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 NOE becomes gainfully employed and insured, however, in no instance shall the City be obligated to provide health insurance for no 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. 13. 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 or duties or privileges or involving moral turpitude while in office. 14. City may suspend NOE with full pay and benefits at any time during the term of this agreement, but only if ( 1 ) A majority of the Council and NOE agree, or MR 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 (2) After a public hearing, a majority of Council votes to suspend NOE for just cause provided, however, that NOE shall have been given written notice setting forth any charges at least 10 days prior to such hearing by the Council members bringing such charges. 15. The City agrees to provide a disability insurance policy selected by NOE. The cost of this policy shall not exceed $3,000.00 annually. 16. NOE may engage in outside employment including teaching or lecturing without the prior approval of the Council. Such employment must be on his own time. 17. NOE agrees to submit once per calendar year to a complete physical examination by a qualified physician selected by the City, the cost of which shall be paid by the City. 18. The City shall not at any time during the term of this agreement reduce the salary, compensation or other financial benefits of NOE, except to the degree of such a reduction across-the-board for all employees of the City. 19: A cellular telephone shall be provided by the City. NOE shall be permitted to use the phone for official City business and to make incidental personal calls within the local area. Long distance calls of a personal nature are prohibited. 20. Council shall review and evaluate the performance of NOE 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 NOE and the City Council. Said criteria may be added to or deleted from as the Council may, from time to time, determine in consultation with NOE. 21. Annually, the Council and NOE shall define such goals and performance objectives that they determine necessary for the proper operation of the City of Tamarac and in the attainment of the Council's policy objectives, and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. SECTION 2: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 5=0N3: 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 4: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of bu 1994. !/ H/. BENDER MAYOR ATTEST: ` CAROL A. EVANS CITY CLERK I HE Y CERTIFY that I have approved �✓ thW RE 04UTION as to form. MITCHELL S. KRAFT CITY ATTORNEY Z [CityManager.ms(6654)] MAYOR DIST 1: DIST. 2: DIST. 3: DIST. 4: RECORD OF COUNCIL VOTE February 25, 1994 City of Tamarac 7525 N.W. S$th Avenue Tamarac, FL 33321 Re: Robert S. Noe, Jr. - Letter of Acceptance - City Manager To Whom It May Concern: I, ROBERT S. NOE, JR., as an inducement to accept employment as City Manager of the City of Tamarac, hereby accept the terms and conditions of Temporary Resolution No. 6654. Sincerely, Robert S. Noe, Jr. Attachment cc: Mayor Bender Vice Mayor Katz Councilman Abramowitz Councilman Schumann Councilman Schreiber Carol Evans, City Clerk Mitchell S. Kraft, City Attorney Larry D. DuPre, Personnel Director STATE OF FLORIDA COUNTY OF BROWARD Sworn to and subscribed before me a bru 199 _ €"i NOTARY PUBLIC, STATE FL DA r' ;� MY COMMISSION N CC 2%M :g= EXPIRES: AL** 20.1897 I Cif ELL 'S'• i VQ 'r V B°"'°' T'"' Np41y Pic I.I"°M" 1 TTYPE OR PRINT NAME OF NOTARY My Commission Expires: ( ) Did take an oath ( -i Did not take an oath ( v1' Personally known to me ( ) Identification shown (type of ID)