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Item 6A sA AGENDA ITEM 6A SEPTEMBER 27, 2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Filling of City Clerk Position SUBMITTED BY: George Foster, Human Resource Manager DATE: September 21, 2004 BACKGROUND: On September 1, 2004, City Clerk Maureen King retired after almost 19 years of City service. The City Clerk is appointed by, and works directly for the City Commission. The City Charter (see attached) states that the City Clerk "shall be chosen by the city commission solely on the basis of education and experience necessary to carry out the responsibilities ..." and "shall serve at the pleasure of the city commission". The City Clerk position was advertised from July 15, 2004 through August 11, 2004 at a starting salary range of $36,317 to $47,798, depending on qualifications. During this period, 79 applications were received. The Human Resource Manager George Foster reviewed the 79 applications ,~. and placed them into two categories with 14 applications in one category and 65 applications in a second category. A1179 applications were then provided to City Clerk Maureen King who placed an additional 5 ~, .applications in one category and retained 60 applications in a second category. The 19 applications were then scored by Human Resource Manager George Foster and City Clerk Maureen King using a point system with a natural break point resulting after the top 4 applicants and another break point after the top 8 applicants. The top four applicants were interviewed by a Selection Committee as ~"' appointed by the City Commission consisting of Commissioner Rick Beaver, City Manager Jim Hanson, City Clerk Maureen King, and Human Resource Manager George Foster. After completion of the interviews, the !~* Selection Committee discussed the applicants and rank the applicants so that 1 to 4 applicant names could be submitted, as necessary, to the City Commissioners once additional guidance was received. On September 20, 2004, the City Commission held a workshop and interviewed the top three applicants. After the interviews and discussion, the Commission requested that staff prepare the necessary paperwork to appoint Ms. Donna Bussey as the City Clerk. BUDGET: Funds for this action are currently included within the budget. ~* ATTACHMENTS: 1. Proposed Resolution 2. City Charter, Article IV. The City Clerk CITY MANAGER: #~ AGENDA ITEM 6A SEPTEMBER 27, 2004 RESOLUTION NO. 04-12 A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING ~" DONNA BUSSEY AS CITY CLERK, FIXING HER DUTIES AND RATE OF COMPENSATION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article IV, Sec 28 of the Charter of the City of Atlantic Beach requires the City Commission to appoint a City Clerk, and WHEREAS, Donna L. Bussey, hereinafter referred to as Employee, has been selected by the City Commission, hereinafter referred to as Employer, to serve as the City Clerk, and WHEREAS, the City Commission desires to establish the duties, compensation, and benefits, of the City Clerk. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: Section 1: Duties The City Clerk shall perform the functions and duties specified in Article IV 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: Term It is the intent of the City Commission, as the governing body of Atlantic Beach, to appoint the City Clerk for an indefinite term and in furtherance thereof, Employee is hereby appointed as City Clerk of Atlantic Beach effective October 11, 2004, and continuing for an indefinite term thereafter; provided, however, that the indefinite term shall be for a term of one (1) year which shall be automatically renewed from year to year thereafter upon the anniversary date of such appointment unless either party shall, prior to such anniversary date or at anytime, terminate or cancel this agreement as hereinafter provided. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City Commission to terminate the services of Employee at any time, subject only to the provisions set forth in Section 8 of this agreement. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Em to ee to resi p y gn, or retire, at any time from her position with Employer, subject only to the provision set forth in Section 8 of this agreement. Section 3: Hours of Work It is recognized that Employee must devote a great deal of time outside the normal office hours to business of the Employer, and to that end, Employee will be allowed to take compensatory time off as she shall deem appropriate during said normal office hours provided that such does ~ not result in an adverse effect on the operations of the City. AGENDA ITEM 6A SEPTEMBER 27, 2004 Section 4: Compensation The City Clerk is an appointed exempt employee and shall be paid an annual base salary of $47,798.40, payable in installments at the same time as other management employees of the Employer are paid. In addition, Employer agrees to increase said base salary and/or benefits of Employee in such amounts and to such extent as the City Commission may determine that it is desirable to do so on the basis of an annual salary review of said Employee made at the same time as similar consideration is given other City employees generally. Section 5: Benefits ,~,,, As separate aspects of the City Clerk's employment hereunder, the City shall provide the Employee with the same benefits as provided to other full time City employees beginning at the level for an employee with her current City service. Employee shall receive no reduction in ~,,. benefits as a result of this action. Changes to such benefits, as applied to all City employees, shall apply to Employee as they would to other employees of the City. These benefits include, but are not limited to: personal leave, health and life insurance, longevity pay, holidays with ~.. pay, continued pension plan participation, leave cash-in, and reimbursement for official use of personal automobile. In addition, Employee shall receive: ~• (a) Dues and subscriptions. Employer agrees to pay for professional dues and subscriptions necessary for her full participation in national, regional, state, and local associations and organizations necessary and desirable for her professional participation, growth, and advancement, and for the good of the Employer up to an amount not to exceed the amount budgeted. !g"~ (b) Professional Development. Employer hereby agrees to pay for travel and subsistence expenses of Employee, up to the amount budgeted, for professional and official travel, meetings,. and occasions adequate to continue the professional development of Employee and to adequately ~"' pursue necessary official functions for Employer, including but not limited to City Clerk's annual conferences. ~'' (c) Reimbursement of General Expenses. Employer recognizes that certain expenses of a non- personal and generally job-affiliated nature maybe incurred by the Employee, and hereby agree to reimburse or to pay said general expenses, up to an amount not to exceed the amount "" budgeted, and the Director of Finance is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. ~" (d) Tuition Assistance. Employee shall be authorized to take education and/or training courses, to include college courses, for the purpose of employee development, education, or training in order to promote the development of the employee, improve the quality of personal services rendered to the City, equip the employee for career service, and provide a reservoir of occupational skills necessary to meet current and future employment needs. (e) Other. The City Clerk shall be entitled to enroll within other optional benefits as provided to other general employees of the City such as: Flexible Spending Accounts, EAP services, vision and dental insurance, and ICMA 457 Plan. ~* AGENDA ITEM 6A SEPTEMBER 27, 2004 Section 6: Reduction of Benefits Employer shall not at any time reduce the salary, compensation, or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all City employees. Section 7: Suspension Employer may suspend the Employee with full pay and benefits at any time during the term of their employment; but, only if the majority of the City Commission agrees. Section 8: Termination and/or Cancellation Either party shall have the right to terminate or cancel this agreement and the employment contemplated hereby without cause at any time. If the Agreement shall be canceled or terminated by Employer, such cancellation shall be effective immediately upon the delivery by Employer of its notice of desire to terminate or cancel to employee. Employee shall likewise have the right to cancel or terminate this agreement without cause by the delivery of a notice of cancellation to the Employer, at least thirty (30) days prior to the effective date of such cancellation or termination unless such written notice shall be waived by the Employer. In the event of the termination or cancellation of employment by the Employer and during such time that Employee is willing and able to perform duties under this agreement, then in that event, Employer agrees to continue to pay salary and benefits for at least one hundred eight (180) consecutive days from any preliminary written notice of termination. Employee shall also be compensated for all earned personal leave, holidays and other accrued benefits to date. In the event Employee is terminated because of conviction by a competent tribunal of any illegal act constituting a misdemeanor involving a breach of public trust or a felony then, in that event, Employer shall have no obligation to pay the aggregate severance sum designated above. In the event Employer, at any time during the term of this agreement, reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all employees of the City, or in the event Employer refuses, following written notice, to comply with any other provision benefiting Employee, or the Employee resigns following a suggestion, whether formal or informal, by the City Commission that she resign, then, in that event, Employee may, at her option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. The City may terminate the employment of the City Clerk hereunder without cause provided that any termination or removal of the City Clerk shall be in accordance with the provision of the City Charter. In such event, the City Clerk shall continue to be paid her salary and benefits for at least one hundred eight (180) consecutive days from any preliminary written notice of termination without cause. Section 9: Disability If Employee is permanently disabled or is otherwise unable to .perform her duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued leave, Employer shall have the option to terminate employment of the Employee, subject to the severance pay requirements of Section 8 and the Family Medical Leave Act. ~" AGENDA ITEM 6A SEPTEMBER 27, 2004 Section 10: Indemnification In addition to that required under state and local law, Employer shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Clerk, provided any such act or omission by the City Clerk is not intentional and was performed in the course and within the scope of her official duties. Employer will compromise and settle and such claim or suit or pay the amount of any settlement or judgment rendered thereon. Section 11: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 12: General Provisions If any provision, or any portion thereof, contained within this resolution is held unconstitutional, ,~,, invalid or unenforceable, the remainder of the resolution, or portions thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. Section 13: Effective Date This Resolution shall take effect October 11, 2004 upon its final passage and adoption. PASSED by the City Commission this ATTEST: Jim Hanson Interim City Clerk Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney day of , 2004. John Meserve Mayor