HomeMy WebLinkAboutCity of Tamarac Resolution R-94-0341
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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
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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
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(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
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