94-29 v t i` ,
RESOLUTION NO. 94-29
A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING KIM
D. LEINBACH 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, and
WHEREAS, Kim D. Leinbach has served as City Manager from June,
1989, to the present time, and
WHEREAS, the City Commission desires that Kim D. Leinbach
continue as City Manager and further desires to fix his duties and
compensation, including certain benefits.
NOW THEREFORE, be it resolved by the City Commission of the
City of Atlantic Beach as follows:
SECTION 1. Kim D. Leinbach, having previously been appointed
Atlantic Beach City Manager ("City Manager") , 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 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 his current
salary and benefits through September 30, 1994 , and then beginning
October 1, 1994 , and thereafter, an annual base salary as
established each year by the City Commission, payable in install-
ments at the same time as other employees of the City are paid. In
addition, the City agrees to set said base salary and/or other
benefits of the City Manager in such amounts and to such an extent
as the City Commission may determine is desirable to do so on the
basis of an annual salary review of employees made at the same time
as similar consideration is given to other employees generally.
SECTION 3 . As separate aspects of the City Manager ' s
employment 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
the City or a monthly car allowance to be determined annually
during the budget approval process.
(b) Dues and Subscriptions. The City agrees to budget and to
pay the professional dues and subscriptions of the City Manager
necessary for his continuation and full participation in national,
regional, state and local associations and organizations necessary
and desirable for his continued professional participation, growth
and advancement, and for the good of the City.
(c) Professional Development. The City hereby agrees to
budget and to pay the travel and subsistence expenses of the City
Manager for professional 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 Annual
Conference of the International City Management Association, the
state league of municipalities, and such other national, regional,
state and local governmental groups and committees thereof which
the City Manager serves as a member. The City also agrees to
budget and to pay for the travel and subsistence expenses of the
City Manager for short courses, institutes, and seminars that are
necessary for his professional development and for the good of the
City.
(d) General Expenses. The City recognizes that certain
expenses of a nonpersonal and generally job-affiliated nature are
incurred by the City Manager and hereby agrees to reimburse or to
pay said general expenses. The Finance Director is hereby
authorized to disburse such monies upon receipt of duly execute
expense or petty cash vouchers, 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 same
rate as other general employees.
(f) Insurance. The City agrees to provide and pay for full
major medical health insurance for the City Manager and his family,
to provide and pay for life insurance as provided for other City
employees.
(g) Retirement. The City agrees to execute the agreement
provided by the International City Management Association retire-
ment plan if not prohibited by City Charter. The City agrees to
contribute to the retirement plan the sum equal to fifteen percent
(15%) of the City Manager' s base salary.
SECTION 4 . The City may terminate the employment of the City
Manager hereunder without notice:
(a) Upon the City Manager ' s failure to promptly and
adequately perform the duties required of him by the City, such
performances to be judged by the City Commission, or
(b) Upon the City Manager' s breach of any provision hereof,
or
(c) For other good cause which shall include, but shall not
necessarily be limited to, habitual absenteeism, a pattern of
conduct which tends to hold the City up to ridicule, conduct
disloyal to the City, conviction of any crime of moral turpitude,
and substantial dependence on any addictive substance.
SECTION 5. The City may terminate the employment of the City
Manager hereunder without cause provided that any termination or
removal of the City Manager shall be in accordance with the
provisions of the City Charter. In such event, the City Manager
shall continue to be paid his salary and benefits for at least one
hundred eighty (180) consecutive days from any preliminary notice
of termination without cause.
SECTION 6. This Resolution shall take effect immediately upon
its final passage and adoption.
PASSED by the City Commission this , 2 n(6 of August, 1994 .
ATTEST:
, 1:00111111%
MAU EEN KING .. .' ,N T. FLETCHER
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
AF N C. `V SEN, ESQUIRE
/ ity At " ney
I hereby accept employment as City Manager for the City of Atlantic
Beach under the foregoing provisions.
i
00' (‘00 /
KIM D./LEINBACH
DATE: Zvi: , l', /19 <r/-