96-01 v t
RESOLUTION NO. 96- 1
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
APPOINTING JAMES R. JARBOE AS CITY MANAGER, FIXING HIS
DUTIES AND RATE OF COMPENSATION, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Sec. 10 of the Charter of the City of Atlantic Beach
requires the City Commission to appoint a City Manager to serve at
the pleasure of the City Commission; and
WHEREAS, James R. Jarboe has served as Deputy City Manager
from December 2 , 1992, to November 24, 1995, Acting City Manager
from November 24 , 1995, to December 31, 1995, and City Manager from
January 1, 1996, to the present; and
WHEREAS, the City Commission desires that James R. Jarboe
remain City Manager and further desires to fix his duties and
compensation, including certain benefits and general work
provisions.
NOW THEREFORE, be it resolved by the City Commission of the
City of Atlantic Beach as follows:
SECTION 1. James R. Jarboe, having previously been appointed
Atlantic Beach City Manager ("City Manager") by unanimous vote of
' the City Commission on December 27, 1995, effective January 1,
1996, shall continue in said position according to the terms as set
forth herein. The City Manager shall perform the functions and
duties specified in Article III of the City Charter, the City
Ordinance Code, and such other legally permissible and proper
duties and functions as the City Commission shall from time to time
assign.
SECTION 2 . The City shall pay to the City Manager an annual
base salary of Sixty Eight Thousand Five Hundred and 00/100 Dollars
($68, 500. 00) per year beginning January 1, 1996. Each year there-
after a base salary, no less than the beginning base salary, shall
be set by the City Commission no later than January 1 of each year
the City Manager is employed by the City. The City Manager shall
be paid at least seven and one-half percent (7 . 5%) more than any
employee under his direction. If this provision causes an increase
in the City Manager's salary, the City Manager must have prior
approval by the City Commission for both increases in salaries. At
a minimum, all benefits given to any City employee shall be given
to the City Manager.
SECTION 3 . As separate aspects of the City Manager's employ-
ment hereunder, the City shall provide the following:
(a) Automobile: The City Manager's duties require that he
shall have the exclusive and unrestrictive use, at all times during
his employment with the City, of an automobile provided to him by
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the City. The cost of operation, insurance and maintenance of the
automobile shall be born by the City.
(b) Dues and Subscriptions: The City shall budget and pay
for the professional dues and subscriptions of the City Manager
necessary for his participation in recognized national, regional,
state and local associations and organizations which shall
contribute to his professional growth and advancement, and for the
good of the City.
(c) Professional Development: The City shall budget and pay
for travel and subsistence expenses of the City Manager for profes-
sional and official travel, meetings and occasions adequate to
continue the professional development of the City Manager and to
adequately pursue necessary official and other functions for the
City, including, but not limited to, the International City Manage-
ment Association, the Florida League of Cities, and such other
national, regional, state and local government groups and commit-
tees thereof which the City Manager serves as a member. The City
shall also budget and pay for travel and subsistence expenses of
the City Manager for short courses, institutes, and for the good of
the City.
(d) General Expenses: The City recognizes that certain
expenses of a non-personal and generally job-related nature are
incurred by the City Manager and the City shall reimburse or pay
for said general expenses. The Finance Director is hereby
authorized to disburse such monies upon receipts, statements or
personal affidavits.
(e) Personal Leave Days: The City Manager shall accrue, and
have credited to his personal account, personal leave at the rate
of twenty-one (21) days per year. The City recognizes that the City
Manager must devote a great deal of time outside normal working
hours to perform City business and, to that end, the City Manager
shall be allowed to take time off which will not account against
his personal leave hours, as he deems appropriate during said
working hours. Existing personal leave now held by James R. Jarboe
as Deputy City Manager may be sold back to the City or added to his
new personal leave account as City Manager.
(f) Insurance: The City shall provide and pay for, as has
been tradition, full major medical health insurance for the City
Manager and his family. The City shall also provide and pay for a
disability insurance policy for the City Manager.
(g) Retirement: The City shall execute an agreement provided
by the International City Management Association Retirement Plan if
not prohibited by City Charter. The City shall continue to
contribute, as has been the tradition, to the retirement plan
yearly the sum equal to fifteen percent (15%) of the City Manager's
base salary.
SECTION 4 . The City Commission and City Manager shall review
and evaluate the performance of the City Manager annually. Said
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review and evaluation shall be based on defined goals and perform-
ance objectives which the City Commission has set twelve (12)
months prior to the review and evaluation. The goal and objectives
shall generally be based on the resources available in the annual
operating budget.
SECTION 5. The City Commission may terminate the employment
of the City Manager hereunder with or without cause provided that
any termination or removal of the City Manager shall be in accord-
ance with the provisions of the City Charter. In such event, the
City Manager shall continue to be paid his salary and all benefits
for at least one hundred eighty (180) days from any preliminary
notice of termination. However, if the City Manager is terminated
because of his conviction of any felonious act or criminal act
involving personal gain, the City Commission shall have no obliga-
tion to pay the aggregate severance payment and benefits. If the
City Commission suggests formally or informally that the City
Manager resign or refuses to comply with the terms of this Resolu-
tion, the City Manager, at his option, may deem his employment to
be terminated. In that event, he shall provide written notice to
the City Commission. In the event that such termination occurs, he
shall receive the severance pay and benefits outlined in this
section.
SECTION 6. In the event the City Manager resigns, he shall
give the City thirty (30) days' written notice in advance.
4106-, SECTION 7. This Resolution shall be considered a contract
between the City of Atlantic Beach and James R. Jarboe related to
his appointment and terms of employment as City Manager for
Atlantic Beach, Florida.
SECTION 8. This Resolution and its terms shall take effect
retroactively to January 1, 1996, immediately upon its final
passage and adoption, and the signature of James R. Jarboe.
PASSED by the City Commission this c day of , 1996.
ATTEST:
01.
MAUREEN KING �' N T. FLETCHER
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
�►
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� . 'SEN, ESQUIRE
City Ad, rney
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I hereby accept employment as City Manager for the City of
Atlantic Beach under the provisions of Resolution No. 96-1 .
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JAME? R. JARBOE
JANUARY 9, 1996
Date
VP
W.
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