10-9-14 CRC Agenda Packet
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities
needing special accommodation to participate in this meeting should contact the
City Clerk by 5:00 PM, Tuesday, August 5, 2014.
CITY OF ATLANTIC BEACH
CHARTER REVIEW COMMITTEE MEETING
October 9, 2014 – 5:00 PM
AGENDA
Call to Order
1. Approval of Minutes from the September 25, 2014 Charter Review Committee Meeting.
2. Unfinished Business from Previous Meetings
A. Discussion on contracts for City Clerk, City Manager and City Attorney
3. Discussion
4. Miscellaneous Business
5. Discussion on Committee Report to the City Commission
6. Next Meeting Date: October 23, 2014 at 5:00 p.m.
7. Courtesy of the Floor to Visitors
Adjourn
Minutes
Charter Review Committee Meeting
September 25, 2014
City Hall, 800 Seminole Road
In Attendance:
Committee Members Staff Don Wolfson, Chairman City Manager Nelson Van Liere Mark Tomaski, Vice Chairman City Attorney Richard Komando Joan Carver, Secretary City Clerk Donna Bartle Mike Borno Katherine Carithers Sally Clemens David Vincent
Absent Tom Goodrich Judith Leroux
Call to Order Chairman Don Wolfson called the tenth meeting of the Charter Review Committee (CRC) to order at 5:10 p.m. on September 25, 2014.
Approval of Minutes Chairman Wolfson asked if there were corrections or changes to the minutes of September 25, 2014. Hearing none, Mr. Vincent moved the approval of the minutes, Ms. Carithers seconded the motion and it was approved.
Unfinished Business
IV. The City Clerk.
Sec. 28 Appointment; duties The Charter Review committee returned to the discussion of the duties of the city clerk begun at the September 11 meeting. Ms. Carithers raised a question about number five of
Draft- Minutes of the Charter Review Committee meeting of September 25, 2014
the duties, “Serve as supervisor of election for city elections,” suggesting this provision is in conflict with the duties of the Duval County Supervisor of Elections. At Chairman Wolfson’s request City Clerk Bartle stated that among her duties was preparation of a calendar, keeping up with the relevant laws, providing information to citizens and serving on the canvassing board. City Attorney Komando stated that under the state’s home rule provisions the city has the power to run its own elections. Ms. Carithers stated that she was concerned with the title that seems to conflict with Jerry Holland’s title as Supervisor of Elections. Dr. Carver suggested rewording number five to emphasize the duty not the title, such as “supervises city elections.” City Attorney Komando asked that the issue be postponed to the next meeting so he can check on state requirements regarding local elections. Chairman Wolfson stated that he did not see this as a problem. Ms. Carithers stated that she also had concerns regarding the composition of the Canvassing Board that she will raise when the committee discusses that subject.
Discussion. IV. The City Clerk.
Sec. 29. Qualifications The CRC reviewed the qualifications for the position of city clerk. Dr. Carver suggested that the word preferably be inserted after baccalaureate in item one, a baccalaureate in Business Administration. Mr. Vincent asked whether the committee wished to continue to allow experience to substitute for a baccalaureate degree as provided in item three of Sec. 29. Chairman Wolfson pointed out that City Clerk Bartle had qualified under items 2 and 3 based on experience. He pointed out that she had a wealth of invaluable experience from working under the prior city clerk. Mr. Borno stated that she provided needed continuity. Chairman Wolfson stated that the position should be reviewed annually. Ms. Clemens suggested that the requirement of a review should be put in the contract. She stated that in the past there had been a public review and then it shifted to a private review. She suggested consideration be given to a quarterly review provided by each of the commissioners. Chairman Wolfson said an annual public review would not be designed to embarrass the city official being evaluated but to bring the commission together. Chairman Wolfson asked City Clerk Bartle to provide copies of the contracts of the city manager, city attorney and city clerk for the members of the CRC to review.
Mr. Borno moved the approval of the qualifications for the clerk specified in Section
29 with the addition of the word preferably after baccalaureate to read: “At least a
Draft- Minutes of the Charter Review Committee meeting of September 25, 2014
baccalaureate preferably in business administration….” Ms. Clemens seconded the
motion and it was approved without dissent.
Sec. 30. Removal of the city clerk. Ms. Clemens recommended that four votes be required to remove the city clerk. Chairman Wolfson stated that the current requirement of three votes has worked in the past. In response to a question from Dr. Carver, City Attorney Komando indicated that a simple majority was the usual practice.
Article V. City Attorney
Sec. 31. Appointment and Qualifications Dr. Tomaski asked City Attorney Komando whether the City of Atlantic Beach was contracting with him as an individual or with his law firm. City Attorney Komando stated that the contract was with the firm.
Chairman Wolfson moved that the words “which may be a law firm” be inserted after
…shall appoint a city attorney. Mr. Borno seconded the motion and it passed. The
sentence will then read: The city commission shall appoint a city attorney, which
may be a law firm, with at least five years of experience in the practice of general,
civil or municipal law, admitted in and having authority to practice in all courts of
this state, and who shall be compensated at a rate set by the city commission.
Sec. 32. Powers and Duties The question was raised whether the charter should specify that the city attorney works for the city commission. Mr. Borno raised the question whether the attorney works for the city commission and for the employees. City Attorney Komando stated that he interpreted the statutes to mean the city commission and upper management. Ms. Carithers asked whether city officials who the city attorney might advise were defined. City Manager Van Liere stated that employees are supposed to talk to him about issues that come up. Ms. Carithers asked City Attorney Komando if the city commission wanted to fire the city manager and the manager talks to you does that pose a conflict for you. Mr. Komando stated that he would have to deal with the situation when it came up. He noted that there was a potential for conflict; for example it would be a conflict if the manager asked him if he could save the manager’s job. City Attorney Komando noted that there is no removal provision for the city attorney. Chairman Wolfson stated the removal provision had been removed at some prior time and he believes it should be put back in. It is a reminder that the primary responsibility of the city attorney is to the city commission.
Draft- Minutes of the Charter Review Committee meeting of September 25, 2014
Chairman Wolfson moved that a new section be added to Article V for the removal of
the city attorney following the language used for the city manager. Mr. Borno
seconded the motion and it passed. The new provision would read: The city attorney
shall serve at the pleasure of the city commission. The city commission may remove
the city attorney by the affirmative vote of not less than three (3) of its members.
Article VI. Department of Public Safety Ms. Clemens stated that she thinks that when the charter refers to particular ordinances, the content of those ordinances should be included so the public has the information without having to access the codes themselves. City Attorney Komando stated that his concern was what happens when there is no director of public safety. City Manager Van Liere stated that he had planned to combine the positions of director of public safety and chief of police prior to the recent resignation of the chief of police. Dr. Tomaski stated that this is an important position. He stated the people he talks to have a lot of ideas: should it be elective rather than appointive; should it be a different position altogether. Dr. Carver stated that she felt an elective director of public safety or police chief was not a good idea. First, it could lead to selection on the basis of campaign skills rather than professional qualifications. Second, it removes an important area of city government from the authority of the city manager, yet the manager has overall responsibility for the community. While in the past David Thompson was both director of public safety and police chief, under the current ordinance the city manager is the director of public safety and appoints the police chief. The city manager also has the authority to appoint someone to serve as director of public safety. The appointment needs the approval of the city commission. Chairman Wolfson stated that what occurred with the recently resigned police chief was that he was hired as a captain but was the heir apparent when the vacancy in the chief’s position occurred. Dr. Tomaski expressed concern that he was selected from approximately 100 candidates when he had previously lived within seven miles of the former home of the city manager. Chairman Wolfson asked whether this was a charter issue and if there was language that would prevent problems in the selection process. Dr. Tomaski asked how temporary appointments are handled. City Attorney Komando stated that the city manager makes the appointment and it is approved by the city commission. Chairman Wolfson stated that during the appointment process there are tools for the public to look into issues. If the city manager recommends someone, it is an agenda item. Citizens can look into someone’s background and raise questions with the city commission, He stated that it is incumbent on the city commission to do due diligence in approving an appointment. That is where the responsibility rests.
Draft- Minutes of the Charter Review Committee meeting of September 25, 2014
Dr. Tomaski raised the question of whether citizens could be involved in the selection process for the police chief. City Attorney Komando stated that he had never seen that level of citizen input. Ms. Carithers pointed out the citizens could have input on the selection of a police chief at a public meeting. Several committee members pointed out that Atlantic Beach citizens are not reluctant to put forward their opinions. Mr. Borno suggested removal of fire chief from this provision since Atlantic Beach no longer has a fire department. City Attorney Komando stated that the term might be better left in the article in the event Atlantic Beach decided in future to assume responsibility again for fire protection. No Change recommended in Article VI. Sec. 33.
Article VII. Budget
Sec. 34. Preparation and Adoption. No change.
Article VIII. Department of Finance
Sec. 35. Director of finance. No change.
Article IX. Elections.
Sec. 36. Elections. No change.
Sec. 37. Nonpartisan Elections. No change.
Sec. 38. Electors; registration. No change. Mr. Vincent notes that Mr. Mayhew had made suggestions in writing. Chairman Wolfson pointed out that he suggested earlier that committee members bring up any of the suggestion they wish to discuss at the time that topic is being considered. Chairman Wolfson said that under old business the CRC would review the contracts of the city manager, city clerk and city attorney at the next meeting. City Attorney Komando stated that at the next meeting the CRC would need to discuss the report to the City Commission on the CRC’s work to this point.
Draft- Minutes of the Charter Review Committee meeting of September 25, 2014
Courtesy of the Floor Chris Jorgensen, 92 West Third Street, pointed out that the provisions in the Atlantic Beach charter for a referendum are more limiting than those of neighboring communities with a deadline of 20 days and at least 25 per cent of registered voters. Adjournment of the meeting was moved by Mr. Borno, seconded by Mr. Vincent and passed. __________________________________________________________ Don Wolfson, Chairman
RESOLUTION NO 0815
A RESOLUTION OF THE CITY OF ATLANTIC BEACH FLORIDA
TO AMEND PREVIOUSLY APPROVED RESOLUTION N00412 APPOINTING
DONNA BUSSEY AS CTTY CLERK FIXING HER DUTIES AND RATE OF
COMPENSATION AND PROVIDING AN EFFECTIVE DATE
WHEREAS Article IV Section 28 of the Charterthe City of Atlantic Beach requires the City
Commission to appoint a City Clerk and
WHEREAS the City Commission has previously appointed Donna Bussey Bartle as the City
Clerk and set her compensation and benefits in Resolution No 0412 and
WHEREAS the City Commission desires to amend that previous resolution to provide health
insurance to the employees dependents and pay the insurance premiums thereon
NOW THEREFORE be it resolved by the City Commission of the City of Atlantic Beach
SECTION 1 B nefi
That Section 5 benefits of Resolution 0412 be amended to add a new subparagraph a as
follows Health Insurance Employer agrees to provide hospitalization surgical and comprehensive
medical insurance for Employee and her dependents and to pay the premiums thereon for health
insurance policy which is provided all other employees of Employer
SECTION 2 Effective Date
This Resolution shall be effective upon its final passage and adoption
PASSED AND ADOPTED by the City Commission this 2 day of November 2008
A v o form and correctness
JENSEN ESQUIRE
rney
DONNA L BARTLE CMC
City Clerk
RESOLUTION NO 0412
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
Employee to resign 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
Section 4 Compensation
The City Clerk is an appointed exempt employee and shall be paid an annual base salary of
4779840 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 andor 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 Clerks 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 cashin 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
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 Clerks annual
conferences
c Reimbursement of General Expenses Employer recognizes that certain expenses of a non
personal and generally jobaffiliated 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 andor 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
Section6ReductionofBenefitsEmployershallnotatanytimereducethesalarycompensationorotherfinancialbenefitsofEmployeeexcepttothedegreeofsuchareductionacrosstheboardforallCityemployeesSection7SuspensionEmployermaysuspendtheEmployeewithfullpayandbenefitsatanytimeduringthetermoftheiremploymentbutonlyifthemajorityoftheCityCommissionagreesSection8TerminationandorCancellationEitherpartyshallhavetherighttoterminateorcancelthisagreementandtheemploymentcontemplatedherebywithoutcauseatanytimeIftheAgreementshallbecanceledorterminatedbyEmployersuchcancellationshallbeeffectiveimmediatelyuponthedeliverybyEmployerofitsnoticeofdesiretoterminateorcanceltoemployeeEmployeeshalllikewisehavetherighttocancelorterminatethisagreementwithoutcausebythedeliveryofanoticeofcancellationtotheEmployeratleastthirty30dayspriortotheeffectivedateofsuchcancellationorterminationunlesssuchwrittennoticeshallbewaivedbytheEmployerIntheeventoftheterminationorcancellationofemploymentbytheEmployerandduringsuchtimethatEmployeeiswillingandabletoperformdutiesunderthisagreementtheninthateventEmployeragreestocontinuetopaysalaryandbenefitsforatleastonehundredeight180consecutivedaysfromanypreliminarywrittennoticeofterminationEmployeeshallalsobecompensatedforallearnedpersonalleaveholidaysandotheraccruedbenefitstodateIntheeventEmployeeisterminatedbecauseofconvictionbyacompetenttribunalofanyillegalactconstitutingamisdemeanorinvolvingabreachofpublictrustorafelonytheninthateventEmployershallhavenoobligationtopaytheaggregateseverancesumdesignatedaboveIntheeventEmployeratanytimeduringthetermofthisagreementreducesthesalaryorotherfinancialbenefitsofEmployeeinagreaterpercentagethananapplicableacrosstheboardreductionforallemployeesoftheCityorintheeventEmployerrefusesfollowingwrittennoticetocomplywithanyotherprovisionbenefitingEmployeeortheEmployeeresignsfollowingasuggestionwhetherformalorinformalbytheCityCommissionthatsheresigntheninthateventEmployeemayatheroptionbedeemedtobeterminatedatthedateofsuchreductionorsuchrefusaltocomplywithinthemeaningandcontextofthehereinseverancepayprovisionTheCitymayterminatetheemploymentoftheCityClerkhereunderwithoutcauseprovidedthatanyterminationorremovaloftheCityClerkshallbeinaccordancewiththeprovisionoftheCityCharterInsucheventtheCityClerkshallcontinuetobepaidhersalaryandbenefitsforatleastonehundredeight180consecutivedaysfromanypreliminarywrittennoticeofterminationwithoutcauseSection9DisabilityIfEmployeeispermanentlydisabledorisotherwiseunabletoperformherdutiesbecauseofsicknessaccidentinjurymentalincapacityorhealthforaperiodoffoursuccessiveweeksbeyondanyaccruedleaveEmployershallhavetheoptiontoterminateemploymentoftheEmployeesubjecttotheseverancepayrequirementsofSection8andtheFamilyMedicalLeaveAct
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 Employees 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 shallremain 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 27th day of September 2004
ATTEST
Jim Ha on
Interi City Clerk
Approved as to form and correctness
lan C J h n Esquire
City At ey
I hereby accept employment as the City Clerk for the City of Atlantic Beach under the foregoing
provisions
UY 92904Gy7K
Donna Bussey Date
AGREEMENT FOR LEGAL SERVICES
CITY COMMISSION OF THE CITY OF ATLANTIC BEACH
THIS AGREEMENT is made and entered into this 16th day of December 2013 by and
between the City Commission of the City of Atlantic Beach a Florida municipality and
Kopelousos Bradley Garrison P A KBG
WHEREAS the City of Atlantic Beach desires to retain the legal services of KBG on an
interim basiqpursuant to the terms and conditions set forth below and
tfLrrai1egcepecznat Acs 9Cr7 4e e tC0
WHEREAS KBG desires to accept said engagement pursuant to the terms and
conditions set forthbelow and
WHEREAS the parties desire to set forth their agreement inwritten form
NOW THEREFORE for and in consideration of the foregoing and other good and
valuable consideration the receipt and sufficiency of which are hereby acknowledged the parties
agree as follows
1 Monthly Retainer The City of Atlantic Beach shall pay KBG a monthly
retainer of 8 000 00 for the Legal Services set forth in paragraph 2 of this Agreement beginning
on December 16th 2013 and continuing on a monthly basis thereafter
2 Legal Services The retainer will compensate KBG for traveltime and the
following Legal Services
a acting as the legal advisor to and attorney and counselor for the City of Atlantic
Beach and its officers in matters relating to their official duties
b attendance and participation at regularly scheduled City Commission meetings
Special meetings Emergency meetings Commission workshops Community
Development meetings and Code EnforcementBoard meetings
c preparing in writing all contracts inwhich the City is concerned including the
interlocal agreement with the City of Jacksonville and giving an endorsement of
approval as to form and correctness
d review and preparation if necessary of ordinances and resolutions not concerning
the matters set forth in paragraph 3
e furnishingopinions on questions of law relating to the powers and duties of city
officers
f legaladvice to the City Commissioners the City Manager andthe City of Atlantic
Beach staff
g legal research and preparation of legal memorandato assistthe City of Atlantic
Beach in the conduct of its business
3 Additional Services The monthly retainer does not compensate KBG for the
following Additional Services
a Prosecuting and defending against and on behalf of the City of Atlantic Beach all
civil complaints suits and controversies in which the City is a party
b representation of the City of Atlantic Beach in a controversy where another
attorney is involved
1
c legal work associated with the issuance of bonds and otherinstruments by the
City of Atlantic Beach
d performing such other duties as may be requiredby ordinance or resolution of the
City Commission
e legal work not contemplated in paragraph 2 of this Agreement
4 Compensation for Additional Services The City of Atlantic Beach will
compensate KBG at the rate of 200 00 per hour plus costs unless the parties agree to an
alternative form of compensation for the Additional Services described in 3 a and b The
parties will negotiate the terms of compensation for the Additional Servicesdescribed in and
3 c dand e at such time as said Additional Services are required
5 Termination of Agreement Eitherparty may terminate thisAgreement with or
without cause KBG must provide the City of Atlantic Beach thirty 30 days written notice
however the City is notrequiredto provide advance notice
6 Severability If any provision or portion of this Agreement is held to be
unconstitutional invalid or unenforceable the remainder of this Agreement orportions thereof
shall be deemedseverable shall not be affected and shall remain in full force and effect
7 Governing Law This Agreement shall be interpreted and construed under the
laws of the United States and the State of Florida Any litigation arising hereunder or related
hereto shall be tried by the state courts for the County of Duval Florida
8 Entire Agreement Between the Parties The parties agree thatthis is the entire
agreement between the parties This Agreement overrides and replaces all prior negotiations and
terms proposed or discussed whether in writing or orally about the subject matter of this
Agreement No modification of this Agreement will be valid unless it is in writing identified as
an Amendment to the Agreement and is signed by an authorized representative of the City of
Atlantic Beach and KBG
WITNESS the following signatures pursuant to due authority
CITY COMMISSION OF
THE CITY OF ATLANTIC BEACH
a Floridamunicipality
By
f F o L VN VOc r AVO
KOPELOUSOS BRADLEY GARRISON P A
By
Rob Bradl uire
Managing Partner
2
A RESOLUTION OF TH8 CITY OF ATLANTIC BSACH SXTSNDING
THE APPOINTiNT OF ALAN C JSNSSN AS CITY ATTORNEY
FIXING BIS DUTIES AND RATS OF COLSNSATION AND
PROVIDING AN SFFSCTIVB DATE
WHSREAS Sec 31 of the Charter of the City of Atlantic Beach
requires the City Commission to appoint a City Attorney and
WHEREAS Alan C Jensen has served as City Attorney from
July 1982 through June 1983 and from November 1 1989 to the
present time and
WHEREAS the City Commission desires to appoint Alan C
Jensen to continue as City Attorney and to fix his duties and
compensation including certain benefits
NOW THSRSFORE be it resolved by the City Commission of the
City of Atlantic Beach as follows
SSCTIOTT 1 Alan C Jensen having previously been appointed
Atlantic Beach City Attorney City Attorney shall continue in
said position according to the terms as set forth herein The
City Attorney shall perform the functions and duties specified in
Article V of the City Charter as follows
a Acting as the legal advisor to and attorney and
counselor for the City and its officers in matters
relating to their official duties and
b Preparing in writing all contracts bonds and other
instruments in which the City is concerned and giving
an endorsement of approval as to form and correctness
c Prosecuting and defending for and on behalf of the City
all civil complaints suits and controversies in which
the City is a party except as set forth in Section 4
below and
d Furnishingopinions on questions of law relating to the
powers and duties of City officers and
e Performing such other duties as may be required by
ordinance or resolution of the City Commission
SSCTION 2 Beginning October 2005 the City shall pay to
the City Attorney a monthly retainerin the amount of Two
Thousand Five Hundred and 00100 Dollars 250000 which sum
shall be paid monthly by the tenth 10th day of each month In
return for said retainer the City Attorney shall attend all
regularly scheduled and specially called meetings of the City
Commission attend regularly scheduled and specially called
meetings of the Community Development Board as requested attend
all meetings of the Code Enforcement Board at which the City
Attorney shall advise the board prepare all resolutions and
ordinances consult with City Commissioners on all issues related
to City business meet with City staff as requested by the City
Manager as often as once per month and review any and all
documents received by the City on an asneeded basis The City
Attorney shall submit written monthly reports regarding the
status of all litigation and other legal activities involving the
City
SECTION 3 As a separate aspect of the City Attorneys
employment hereunder as to all litigation brought against the
City or which is authorized by the City to be brought on its
behalf or as to any other services provided to the City which are
not covered under the monthly retainer as authorized by the City
Commission or City Manager the City Attorney shall be paid an
hourly rate of One Hundred Fifty and 00100 Dollars 15000
effective October 2005 In addition the City Attorney shall be
reimbursed for all outofpocket expenses as are reasonably
expended in support of the litigation or other services The City
Attorney shall render bills to the City for litigation fees and
costs on a monthly basis and such bills shall detail work
performed and time spent The term litigation as used herein
shall involve actions before any court of law or administrative
body or panel other than an administrative body of this City
SECTION 4 At such time as legal services may be needed in
certain specialized areas of the law such as in connection with
the issuance of municipal bonds or with any other specialized area
of the law or when insurance coverage provides the City with the
costs of defense of a lawsuit and the City Attorney assists or
monitors the insurance defense attorneys the City Attorney shall
assist the City as requested by the City Commission or the City
Manager in obtaining bond counsel or other specialized counsel as
is necessary at a reasonable rate of compensation The City
Attorney shall receive compensation in connection therewith only
for actual services rendered in monitoring the status of such
legal services and the Citys position therein at the hourly rate
authorized herein and billed to the City as required herein
SECTION 5 The City agrees to provide and pay for full major
medical health insurance for the City Attorney and his eligible
family members under its existing or any future group health plan
during the term of his employment hereunder
SECTION 6 The City may terminate the employment of the City
Attorney hereunder with notice in writing from the City Commission
andor City Manager for the following causes
Resolution No 0513 2
a upon the City Attorneys 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 Attorneys material breach of any
provision hereof provided the City Attorney is first
given a reasonable period of time to cure said breach
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
d upon the City Attorney becoming permanently disabled
and the City Attorney shall be deemed permanently
disabled if during any period of the term hereof
because of ill health physical or mental disability
or for other causes fails to perform the essential
functions of the City Attorney duties hereunder for
thirty 30 consecutive calendar days and medical or
other information indicates that the City Attorney will
not be able to return to his duties within the
following sixty 60 days
SLCTIOi 7 The City may terminate the employment of the City
Attorney hereunder without cause provided that any termination or
removal of the City Attorney shall be in accordance with the
provisions of the City Charter In such event the City Attorney
shall continue to be paid his retainer and average monthly
billings using the 6 months prior to termination in determining
said average including health insurance benefits as provided
herein for at least one hundred eighty 180 consecutive days
from the effective date of any termination without cause
SLCTIOTi 8 In the event the City Attorney elects to
terminate his employment hereunder by resignation or retirement
he shall provide written notice to the City Commission and City
Manager at least six 6 months prior to the effective date of any
such resignation
SBCTION 9 Any modification to the terms of this contract
shall be in writing and signed by both parties hereto
SECTION 10 This Resolution shall take effect immediately
upon its final passage and adoption
Resolution No 0513 3
PASSBD by the City Commission this
AT EST
lIYUYIQ
DONNA BUSSEY
City Clerk
day of October 2005
Mapr Presiding Officer
Ap oved as o form and correctness
N C J SEN ESQUIRE
City orney
I hereby accept continued employment as attorney for the City of
Atlantic Beach under the foregoing provisions
LAN C J NSEN
DAT D p2DS
Resolution No 0513 4
RESOLUTION NO 99
29 A RESOLUTION OF THE CITY OF ATLANTIC BEACH
APPOINTING ALAN C JENSEN AS CITY ATTORNEY FIXING HIS DUTIES
AND RATE OF COMPENSATION AND PROVIDING AN EFFECTIVE
DATE WHEREAS Sec 31 of the Charter of the City of Atlantic
Beach requires the City Commission to appoint a City Attorney
and WHEREAS Alan C Jensen has served as City Attorney from
July 1982 through June 1983 and from November 1 1989 to the
present time
and WHEREAS the City Commission desires to appoint Alan C
Jensen to continue as City Attorney and 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 Alan C Jensen having previously been
appointed Atlantic Beach City Attorney City Attorney shall continue
in said position beginning December 1 1999 according to the terms
as set forth herein The City Attorney shall perform the
functions and duties specified in Article V of the City Charter as
follows a Acting as the legal advisor to and attorney
and counselor for the City and its officers in
matters relating to their official duties
and b Preparing in writing all contracts bonds and
other instruments in which the City is concerned and giving
an endorsement of approval as to form and
correctness c Prosecuting and defending for and on behalf of the
City all civil complaints suits and controversies in
which the City is a party except as set forth in Section
4 below
and d Furnishing opinions on questions of law relating to
the powers and duties of City officers
and e Performing such other duties as may be required
by ordinance or resolution of the City
Commission SECTION 2 The City shall pay to the City Attorney
a monthly retainer in the amount of Two Thousand Two Hundred
Fifty and00 100 Dollars2250 00 which sum shall be paid
monthly by the tenth 10th day of each month In return for
said retainer the City Attorney shall attend all regularly
scheduled and specially called meetings of the City Commission
attend regularly scheduled and specially called meetings of the
Community Development Board as requested attend all meetings of
the Code Enforcement Board at which the City Attorney shall
advise the board prepare all resolutions and ordinances consult
with City Commissioners on all issues related to City business
meet with City staff as directed by the City Manager as often
as once per month and review any and all documents received by
the City on an as needed basis The City Attorney shall
submit written monthly reports regarding the status of all
litigation and other legal activities involving the
City The City Commission shall conduct an annual review of the
CityAttorney s performance retainer and hourly rate as set
forth herein to be completed no later than July 31 of each
year beginning with the year
2000 SECTION 3 As a separate aspect of the CityAttorney
s employment hereunder as to all litigation brought against the
City or which is authorized by the City to be brought on its behalf
or as to any other services provided to the City which are not
covered under the monthly retainer as authorized by the City Commission
or City Manager the City Attorney shall be paid an hourly rate of
One Hundred Forty and00 100 Dollars140 00 In addition the
City Attorney shall be reimbursed for all out of pocket
expenses as are reasonably expended in support of the litigation
or other services The City Attorney shall render bills to the
City for litigation fees and costs on a monthly basis and such bills
shall detail work performed and time spent The term litigation
as used herein shall involve actions before any court of
law or administrative body or panel other than an administrative body
of this City SECTION 4 At such time as legal services may
be needed in certain specialized areas of the law such as
in connection with the issuance of municipal bonds or with any
other specialized area of the law or when insurance coverage provides the
City with the costs of defense of a lawsuit and the City
Attorney assists or monitors the insurance defense attorneys the
City Attorney shall assist the City as requested by the City Commission
or the City Manager in obtaining bond counsel or other
specialized counsel as is necessary at a reasonable rate of
compensation The City Attorney shall receive compensation in
connection therewith only for actual services rendered in monitoring the status
of such legal servicesand the City s position therein at
the hourly rate authorized herein and billed to the City
as required herein SECTION 5 The City agrees to provide and pay
for full major medical health insurance for the City Attorney
and his eligible family members under its existing or any future
group health plan during the term of
his employment hereunder SECTION 6 The City may terminate the employment
of the City Attorney hereunder with notice in writing from
theCity Commission and or City Manager for
the
followingcausesFem
aupontheCityAttorneysfailuretopromptlyandadequatelyperformthedutiesrequiredofhimbytheCitysuchperformancestobejudgedbytheCityCommissionorbupontheCityAttorneysmaterialbreachofanyprovisionhereofprovidedtheCityAttorneyisfirstgivenareasonableperiodoftimetocuresaidbreachorforothergoodcausewhichshallincludebutshallnotnecessarilybelimitedtohabitualabsenteeismapatternofconductwhichtendstoholdtheCityuptoridiculeconductdisloyaltotheCityconvictionofanycrimeofmoralturpitudeandsubstantialdependenceonanyaddictivesubstancedupontheCityAttorneybecomingpermanentlydisabledandtheCityAttorneyshallbedeemedpermanentlydisabledifduringanyperiodofthetermhereofbecauseofillhealthphysicalormentaldisabilityorforothercausesfailstoperformtheessentialfunctionsoftheCityAttorneydutieshereunderforthirty30consecutivecalendardaysandmedicalorotherinformationindicatesthattheCityAttorneywillnotbeabletoreturntohisdutieswithinthefollowingsixty60daysSECTION7TheCitymayterminatetheemploymentoftheCityAttorneyhereunderwithoutcauseprovidedthatanyterminationorremovaloftheCityAttorneyshallbeinaccordancewiththeprovisionsoftheCityCharterInsucheventtheCityAttorneyshallcontinuetobepaidhisretainerandaveragemonthlybillingsusingthe6monthspriortoterminationindeterminingsaidaverageincludinghealthinsurancebenefitsasprovidedhereinforatleastonehundredeighty180consecutivedaysfromanynoticeofterminationwithoutcauseSECTIONBIntheeventtheCityAttorneyelectstoterminatehisemploymenthereunderbyresignationorretirementheshallprovidewrittennoticetotheCityCommissionandCityManageratleastsix6monthspriortotheeffectivedateofanysuchresignationSECTION9AnymodificationtothetermsofthiscontractshallbeinwritingandsignedbybothpartiesheretoSECTION10ThisResolutionshalltakeeffectimmediatelyuponitsfinalpassageandadoption
PASSEDbytheCityCommissionthis8thdayofNovember1999ATTESTIAUREENKINGJOMSERVECityClerkMayrPreidingOfficerAppoedasoformandcorrectnessCiVES4UIRECityAtneyIherebyacceptemploymentasattorneyfortheCityofAtlanticBeachundertheforegoingprovisionsiceDATEyam