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11-19-14 Amended Agenda Packet-Special Called Meeting CITY OF ATLANTIC BEACH CITY COMMISSION AMENDED AGENDA NOVEMBER 19, 2014 SPECIAL CALLED MEETING AT 6:30 PM Call to order. 1. Courtesy of the Floor to Visitors. 2. Selection of a City Manager. *3. City Manager Model Employment Agreement. Please Note: This meeting will be live-streamed and videotaped and can be accessed by clicking on the Commission Meeting Video tab on the home page of the City's website at www.coab.us. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. 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, Monday, November 17, 2014. * Item 3 was added on 11-12-14. 1 Candidate Profiles Robert Middaugh 6005 Richpress Drive•Williamsburg, Virginia 23188 ( 757.634.2772(c)•rcmj0629 @outlook.com Salary: $174,900(most recent) Experience 2010—2013 County Administrator•James City County,Virginia 2001—2010 Assistant City Manager•City of Miami Beach,Florida 1999—2000 Town Manager•Town of Davie,Florida 1992—1999 City Manager•City of Wheat Ridge, Colorado 1990—1992 Recycling/Solid Waste Consultant•New England area 1985—1990 Town Manager•Town of Watertown, Connecticut 1978—1985 City Administrator•City of Elk River,Minnesota 1976-1978 Personnel Director/Administrative Assistant•Town of Coon Rapids,Minnesota Educational Background Masters,Public Administration University of Colorado Bachelor of Arts Miami University Senior Executive Institute University of Virginia Association and Committee Memberships Credentialed Manager,International City/County Managers Association (ICMA) Board Member,Virginia Local Government Managers Association(VLGMA) Member,Virginia Association of Counties (VACo) Member,Virginia Municipal League(VML) Background Information Bob Middaugh is a veteran professional local government manager with over thirty-five years (35) of experience, including three (3) years as County Administrator in James City County, Virginia, nine (9) years as Assistant City Manager of Miami Beach and variety of other public and private sector positions in which he increased his experience and level of responsibility along the way. Mr. Middaugh is recognized as a Credentialed Manager by the International City/County Management Association (ICMA). For the most recent three (3) years of his career Mr. Middaugh served as County Administrator of James City County, a county of 70,000 residents adjacent to and surrounding the City of Williamsburg, Virginia. James City is a county which hosts over a million visitors per year and has developed a high level of services for its citizens. The County is a mixture of urban-suburban, residential and commercial areas surrounding the City of Williamsburg and maintains a strong rural base with agricultural production predominating the western section of the County. In James City County Mr. Middaugh managed a full-service county with a staff of 600 and a budget of$173 million with both urban and rural challenges such as agricultural preservation, and land conservancy and storm water utility development. James City is a county which also possesses well-defined and well thought-out land use policies, a strong civic engagement program and has worked to develop a sustainable economic base. Services provided by the County and in those other communities in which Mr.Middaugh served are similar to those provided in Atlantic Beach. Mr. Middaugh was separated from his position in James City County in November 2013 by a new, Springsted City of Atlantic Beach,Florida Executive Search—City Manager Candidate Profiles very conservative Board which provided him no reason for his departure. In conversations with a long-term Board member who is a professor of public administration at William and Mary, he felt that Mr. Middaugh had served the County well and that the termination was politically motivated and without cause.Prior to serving in James City County Mr.Middaugh served as Assistant City Manager for the City of Miami Beach,Florida,a highly diverse community of 164,000 residents. In his prior position with Miami Beach, he had overall management responsibility for a range of municipal services including parks and recreation, public works, public safety code compliance and neighborhood services and capital projects. Mr. Middaugh's interest in the Atlantic Beach Manager's position stems from his current employment situation, a desire to return to Florida and maintain a coastal community and because of the City's excellent reputation as a progressive area with a high quality of life.He believes that the Atlantic Beach Manager's position and the community seem to be a good fit based on the variety of management experiences he possesses in both urban and rural communities. While he acknowledges that his technical strengths have been developed in the area of public works, as the chief administrative officer in other full-service localities he has acquired significant working knowledge of all aspects of local government.Mr.Middaugh describes his management style as open and participatory in which he delegates freely to department directors with the expectation that they will perform in accordance with their technical expertise and at a high level. If a director does not perform at a high level or experiences difficulties, he often serves as a coach and reestablishes the director's goals if warranted.He considers himself to be a good listener who is easily accessible and approachable.He believes in focusing more on solutions rather than problems and takes a practical,common-sense approach to his management of the workplace, which he further described as fair and consistent with well-managed expectations, action-oriented and mission-driven. Mr. Middaugh noted that his short tenure as Town Manager in Davie, Florida, came about due to an ethical conflict with his elected body. According to Mr. Middaugh, he was directed by members of the Council to conduct an investigation of the Fire Chief and Deputy Fire Chief who had become very active politically within the Town. Following an extensive ten-month investigation, Mr. Middaugh concluded that the disciplinary action against the two individuals sought by several elected officials (termination) was not warranted and could not be justified. Some Council members insisted that he fire them anyway and he refused on the basis that it was unwarranted and in conflict with the ICMA Code of Ethics. Consequently, Mr. Middaugh was terminated, Information also exists that a community in Pennsylvania offered Mr. Middaugh a position and the governing body that made a job offer then defunded the position. Mr. Middaugh had not accepted the position and consequently there was no ethical violation, although a record exists that an offer was made and then rescinded, Mr. Middaugh is a good communicator, somewhat soft-spoken, but very articulate, He expressed his thoughts clearly and with conviction.He indicated that he is comfortable speaking to community groups and the media and relies on the elected body to determine the extent to which he represents the face of the organization. He maintains a customer service orientation and believes strongly that all employees are leaders to some extent and share in the responsibility to serve the public in a manner that is "more than good". Sprincjsted City of Atlantic Beach,Florida Executive Search—City Manager Candidate Profiles Justification for ( Recommendation Bob Middaugh is a solid, veteran professional manager with significant experience in a variety of different local government settings of comparable size and complexity to Atlantic Beach as both a manager and an assistant manager. He demonstrates a strong background in the public works arena,but also is very knowledgeable in other areas of local government including finance, land use planning,growth management, and dealing with the impacts of development on the community. He understands the dynamics of organizational management in a high-profile, high-pressure environment and respects the role of the staff in support of the elected leaders of the community.He demonstrates a broad range of relevant experience in developing, maintaining and enhancing regional partnerships, as well as public-private partnerships for effective and efficient service delivery. Though somewhat soft-spoken, Mr. Middaugh is thoughtful and articulate and is able to convey his thoughts clearly and thoroughly. If selected as City Manager in Atlantic Beach he would work to develop a close working relationship with the Mayor and Commissioners,both on an individual and collective basis, believing that to manage effectively he has to fully understand the Commission and learn to think like the governing body he serves.Mr.Middaugh maintains his distance from interjecting personal opinions into issues and discussions and appears to be fully supportive of the governing body's adopted policies.He works collaboratively with other local governments and is a manager who prefers to work collaboratively with others. He works well with public finance and has a collaborative style of developing annual budgets seeking out the governing body's opinions at a pre-budget retreat or work session. References described Bob Middaugh as being a very professional manager who is candid, honest and straightforward. References said that he a "straight shooter" who "calls it like he sees it" and is very knowledgeable with facts before bringing forward a recommendation. Individuals contacted also noted that while he was straightforward in his approach to responding to questions that he did so in a non-offensive manner and was flexible in changing his views based upon new information being provided. He is said to work well under pressure and will rely on facts to support his position on an issue, as opposed to opinion. He is said to be a good listener who seeks and uses input from others to help reach conclusions. He is considered to be an effective presenter who is highly capable of presenting his organization's position without a flashy style. While visible in the community he was noted to be very low-keyed at public events and an individual who avoids upstaging the elected officials he serves. Mr.Middaugh was viewed by those contacted as a fair manager who did not get involved in political discussions and was viewed to be a principled professional. Those contacted indicated that he managed staff well and was able to focus staff on developing a more professional approach to customer service and service delivery. One noted that he followed a long-term,popular County Administrator in James City County and that Mr. Middaugh was patient and deliberate in making changes to processes and procedures and did so only after he had thoroughly analyzed the need for a change. S p r i n g s t e d City of Atlantic Beach,Florida Executive Search—City Manager ( August 13,2014 The Honorable Carolyn Woods Mayor C/o John Anzivino Springsted Incorporated Via electronic submission Dear Mayor Woods, Enclosed(attached) please find my resume in application for the position of City Manager for the City of Atlantic Beach. I am an ICMA credentialed Manager with 35 years of experience in local government service, 23 years of which have been at the Manager level. I have had the opportunity to work in five different regions of the country,which has afforded me a broad understanding and depth of experience in governmental operations and experience in balancing the needs of many different groups and interests. My most recent position was as the County Administrator of James City County,Virginia,where I served for three years in this growing and full service county. James City County is a blend of urban and rural areas and the community expects and receives a high quality of life. During my tenure the County moved to a values based leadership model through which we were able to deliver service enhancements while conservatively managing our resources. My experience in Virginia is more extensive than either a City or County Manger in other states,as Counties and Cities in Virginia are independent of each other. All locals governments in Virginia are expected to provide both County and City services to their communities. My previous position was as an Assistant City Manager in the coastal tourism destination community of the City of Miami Beach, Florida. I served in this capacity for nine years and was assigned a portfolio of departments to oversee on behalf of the City Manager. My portfolio varied slightly over my tenure but eventually included most of the operating departments of the City. My assigned portfolio of departments typically exceeded 1,000 employees. Throughout my career, I have strived to improve upon my leadership skills. I have been successful in helping to create high performing organizations that have a culture of collaboration, inclusiveness and a team orientation rooted in ethics and integrity. Employees in my organizations are innovative problem solvers and focused on constant improvement. I believe that my combination of skills and experience would allow me to succeed in the City Manager's position. I look forward to the opportunity to meet and discuss my interest in serving you and the community as your next City Manager. Sincerely, Robert C. Middaugh Robert C. Middaugh Resume Summary 6005 Richpress Drive, Williamsburg, VA,23188 Home phone, 757-903-2981 Cell phone 757-634-2772 E-mail rcmj0629©outlook.com Personal: Married 40 years, 3 children, 5 grandchildren Leadership Style: Ethics and value based, inclusive, approachable, customer and team oriented, creative and open Demonstrated Skills and Expertise • Successful organization leadership • Citizen participation and involvement • Ethics • Strategic planning • Communication • Financial management • Consensus and team building • Creativity • Customer service • Problem solving Work History County Administrator, James City County,VA 2010-2013 A Hampton Roads community, home to Jamestown, Busch Gardens and Anheuser Busch brewery. Community is a blend of rural and urban uses. Population 70,000, 600 staff, budget$173,000,000. Assistant City Manager, City of Miami Beach, FL 2001-2010 Tourism destination community, average daily population 164,000, assigned portfolio budgets $201,000,000, assigned portfolio staff 1,100. Management Consultant 2000 Consulting to City of Pembroke Pines, FL, population112,000. Town Manager, Town of Davie, FL 1999 Broward County community, population 78,000, home of large edu- cation complex, budget $60,000,000, staff 600, five member Council City Manager, City of Wheat Ridge, CO 1992-1999 Suburban Metro Denver community, population 32,000, budget $30,000,000, staff 198, nine member Council Recycling/Solid Waste Consultant 1990-1992 Primary client, a regional solid waste/recycling agency in central CT Town Manager, Town of Watertown, CT 1985-1990 Suburban community in NW CT, population 21,000, budget $15,000,000, staff 140, nine member Council City Administrator, City of Elk River, MN 1978-1985 Free standing rural community NW of Minneapolis, population 7,300, budget$3,000,000, Staff 40, five member Council Personnel Director/Administrative Assistant, Town of Coon Rapids, MN 1976-1978 Education Bachelor of Arts Degree, Miami University, Oxford, Ohio, 1974 Master of Public Administration, University of Colorado, Boulder, Colorado, 1976 Credentialed City Manager, International City/County Management Association 2004 Senior Executive Institute,University of Virginia, 2004 Various professional conferences/seminars/courses Robert C. Middaugh Page 2 of 4 Robert C. Middaugh Resume Detail ( Work Experience County Administrator, James City County, VA, 7/10 to 11/13. Chief Executive for this growing full service County. Terminated with no explanation provided. County Services Include: • Police, Fire (career and volunteer), Parks and Recreation, Development Management(Planning, Zoning, Engineering, Building Permits), Financial Management, Human Resources,Water and Sewer Utility, General Services(Capital, Fleet, Solid Waste, Recycling, Building and Grounds Maintenance, Storm water), Community Services(Social Services, Housing and Community Development, Cooperative Extension, Satellite Services) Economic Development,Communications and Constitutional Officer Services. Accomplishments: • Two AAA bond ratings • Lowest per capita spending since 2005 • Multiple award winning Departments • Growth of local tourism through sports and special events • Expanded/refined the County Enterprise zone to leverage investment and to create over 171 jobs • Developed a three jurisdiction new business incubator managed by the College of William and Mary • Participate in multiple joint services agreements to save tax dollars • Award winning Library • Historic and agricultural land preservation • Extensive citizen engagement • Significant leadership training and development for staff • Construction of significant capital projects including; County buildings, School refurbishments, Sewer, water and storm water projects • Constructed a County owned fiber optic loop that connects all County facilities, all Schools and other regional institutions for voice and data services Assistant City Manager, City of Miami Beach, FL,4/01 to 7/10. Responsible to supervise an assigned portfolio of departments and special projects on behalf of the City Manager. Experience and accomplishments within assigned departments includes: Assigned Departments: • Supervision of a portfolio of departments that included, Police(530 employees,$80,800,000 operating budget), Fire(306 employees, $49,800,000 operating budget), Parks and Recreation (195 employees, $31,000,000 operating budget), Parking(117 employees,$31,300,000 operating budget)and Fleet(21 employees, $8,700,000 operating budget) • Previous Departments supervised included Public Works(Sanitation,Water,Sewer, Storm Water, Property Management, Streets and Street Lighting, Engineering and Transportation), Neighborhood Services (Code Compliance, Housing,Community Outreach, Homeless,Children and Elder Affairs) and the Capital Improvement Office. Accomplishments: • Lead staff member in a multi department citywide cleanliness initiative that developed a process and measurement tool to assess performance and improved cleanliness citywide. The initiative received first place in both regional and State competitions for quality assurance and competed as the only City team at the international meeting of the American Society for Quality Assurance • Assisted with the creation of and supervised the Capital Improvement Office developed by the City to manage all construction associated with voter approved Bonds. Significant capital improvements completed, including, Recreation Center,outdoor pool, parks renovations,golf course renovation, roads,water, sewer and storm water, public buildings, Fire stations and an EOC • Developed Parks and Recreation Department to be an award winning agency providing expanded quantity and quality of programs for the community ( • Extensive resident and business outreach and involvement on services and quality of life concerns Robert C. Middaugh Page 3 of 4 • Emergency Management Coordinator and lead staff member during the 2004/2005 hurricane seasons • Led City efforts to convert overhead electric lines to underground lines for 3 neighborhoods • Worked with Miami Dade County and the Corps of Engineers to complete beach erosion projects and an experimental sand retention structure • Negotiated the successful"Local"bus shuttle agreement with Miami Dade County, improving service and saving approximately 1 million per year from past electric bus operations • Primary instructor for presentations/classes on ethics and the form of government to the City Employee, the Neighborhood Leadership and the City Employee Leadership Academies • Negotiating contracts with vendors for two sustainability initiatives,shared cars and shared bicycles • Coordinating a comprehensive energy audit and alternative energy generation feasibility study • Developed recycling program for multifamily buildings and public areas • Senior staff member on City team granted the"All America City"award Management Consultant, 11/00 to 4/01. Provided organizational and programmatic review of the Community Services Department (including a 192 unit senior housing project and a senior center providing services such as transit, day care, counseling, meals and recreation) and elements of the Finance Department for the City of Pembroke Pines, population 112,000. Town Administrator (Town Manager), Town of Davie, FL, 7/99 to 8/00. Manager for this full service and rapid growth community of 78,000. Town includes the Nova Southeastern University campus and Broward Community College. Terminated for declining to violate the City Charter and the ICMA Code of Ethics. Experience included: • Development of a community forum for issue discussion and participation in government • Development and implementation of customer service training and philosophy for all employees • Development of first community bus shuttle service • Negotiation of Police and Fire Department labor agreements ( • Implementation of construction program for 12 million dollar park improvement program • Provided stability and improvement in employee morale for organization in turmoil City Manager, City of Wheat Ridge, CO, 3/92 to 7/99. Manager for this suburban Denver community of 32,000 residents. Experience included: • Budget management that created a 20%fund balance, a multi-year equipment and capital improvement program and no long term indebtedness • Completed first strategic plan, utilizing broad community involvement • Successful revitalization of existing commercial and industrial areas • Initiated successful citizen communication and civic participation program • Developed and implemented a customer oriented service philosophy • Developed and implemented a successful employee compensation and appraisal system • Succeeded in obtaining voter approval for two special tax measures,one for Police facilities and one for capital enhancement and code enforcement at multifamily units and hotels • Organized and directed the process to obtain voter approval for a 13 million dollar multi-purpose recreation center • Developed and implemented a comprehensive neighborhood traffic management program • Participant in several multiple government cooperative service agreements • Established community's first housing rehabilitation Community Development Block Grant program Recycling/Solid Waste Consultant, 5/90 to 3/92. Senior level consultant to various government clients in the New England area, including a Connecticut regional solid waste agency. Experience included: • Project management, including responsibility for client satisfaction,work quality and project expenses • Provision of senior level technical assistance to clients on a variety of solid waste issues, including recycling program design and implementation, facility design and program economics • Assistance with client regulatory compliance on issues including facility permitting,siting and land use. Robert C. Middaugh Page 4 of 4 • Evaluation and negotiation of client vendor contracts for facility construction and operation Town Manager, Town of Watertown, CT, 2/85 to 5/90. Manager for this full service community of 21,000 residents in Northwest Connecticut. Experience included: • Completion of strategic plan for economic growth and development • Negotiated cost saving labor agreements with three employee unions without the need to resort to State mandated binding arbitration • Developed and implemented employee classification, compensation and evaluation systems • Initiated an employee service excellence program • Negotiated long term water supply and sewer disposal agreements with adjacent City • Coordinated Town activities to comply with State mandates for solid waste disposal and recycling • Extensive work in planning, financing and construction of major capital improvements including water and sewer projects, roads, school construction and public buildings • Prepared and implemented budget with a 9% reduction in expenses with limited service impacts to address revenue downturn City Administrator, City of Elk River, MN, 7/78 to 2/85. First Administrator for this newly consolidated City and Township of 7,300 residents northwest of Minneapolis. Experience included: • Development of all initial operating and support systems and procedures • Extensive land use planning and capital improvement planning in this fast growth 44 square mile community • Development of a joint public/private economic development promotion program • Development of a Code of Ordinances, including zoning and subdivision regulations • Represented City in all labor relation matters including contract negotiation, mediation and compulsory binding arbitration Administrative Assistant/Personnel Director, City of Coon Rapids, MN, 3/76 to 7/78 Education • Master of Public Administration, University of Colorado, Boulder, Colorado, 1976 • Bachelor of Arts, Miami University, Oxford, Ohio, 1974 • Credentialed City Manager, International City County Management Association (ICMA), 2004 • Senior Executive Institute, University of Virginia, Darden School, 2004 • Various professional courses in: • Supervisory Practices • Economic Development and Capital Project Financing • Citizen Participation • Environmental Regulation and Compliance • Facilitation and Mediation • Transportation and Traffic Management ♦ Emergency Management ♦ Budget and Performance Measurement • Professional Conference Attendance Professional Affiliations • Member, ICMA, 35 years • Board Member, Virginia Local Government Managers Association • Member Virginia Association of Counties • Member, Virginia Municipal League Candidate Profiles Nelson Van Liere 12448 Gately Road South•Jacksonville,Florida 32225 ( 904.220.4131 (h) •904.318.0357(c)•vanliere @bellsouth.net Salary: $123,000 Experience 1998—Present Interim City Manager• City of Atlantic Beach,Florida Finance Director•City of Atlantic Beach,Florida 1991-1998 Budget Officer• City of Jacksonville Beach,Florida 1989—1991 Accountant•City of Jacksonville Beach,Florida Accounting Supervisor I• City of Jacksonville Beach,Florida Assistant Finance Director•City of Jacksonville Beach,Florida 1988—1989 Associate Staff Accountant• Smoak,Davis and Nixon CPA •Jacksonville, Florida Educational Background Bachelor of Business Administration University of North Florida Florida Certified Public Accountant Association and Committee Membership Member,Florida Government Finance Officers Association Member,American Institute of Certified Public Accountants Background Information Nelson Van Liere, the City's current Finance Director, has served as Interim City Manager for nine(9)months,acting in both a leadership role for City staff ( and managing the Finance Department during that time. Mr. Van Liere has previously spent time in various accounting positions in the private sector (1988-1989) and served as the Budget Officer and in other public finance capacities for the City of Jacksonville Beach (1989 — 1998). He has served as Finance Director for Atlantic Beach for sixteen (16) years, supporting the budget development and management function of the City. Mr. Van Liere has applied for the City Manager's position because he has enjoyed the broader view of problem solving across departmental lines he has experienced and because he feels he has the ability to lead staff,noting the City's twenty percent (20%)turnover rate,the City's consolidation of Public Works and Utilities and dealing with issues such as Police Department expansion and a wide variety of complex issues that he feels he is dealing with or has dealt with successfully while serving in an interim capacity. Mr. Van Liere noted that he was gaining confidence in his problem solving abilities and that he was excited to be challenged with new and different things on a daily basis.He believes he is well suited for the position due to his knowledge of the City and the City staff and the various issues internal to the City and external(regionally). Justification for Recommendation Nelson Van Liere is an experienced local government finance professional who has observed the City's operations for some time and has detailed knowledge of the City's financial structure. He is supplementing his deep knowledge of finance by working to gain similar levels of knowledge related to operating issues and has taken on several issues for the City that have helped him expand his horizons as a Manager. In addition, he discussed numerous new ideas he developed during our discussion including new ideas for citizen engagement should he be selected for the position,noting that the City's message needs to be S r r I n g s t e d City of Atlantic Beach,Florida Executive Search—City Manager Candidate Profiles consistent across all lines. He is an adequate, but quiet, oral communicator and ( writes well. He has gained an understanding of the roles of the Manager and Commission, noting that the Manager and staff implement approved Commission policy and that the Manager also serves as a facilitator, bringing a variety of views together to form a common direction, He also noted that as Interim Manager there was more of a focus on an aggressive effort in developing a community development authority for the Mayport Corridor,work with department heads to better focus the City's performance evaluation needs for staff and to rearrange Commission meeting to maintain transparency, but improve efficiency.As a manager,Mr. Van Liere appears to have a style which allows staff freedom to act within their own areas of responsibility and leads by providing information which prompts deeper thought and discussion. He believes all staff are experts in their field and recognizes that they have creative and positive ideas. He has implemented other ideas to improve staff efficiency and has been aggressive for an Interim Manager in doing so. References described Nelson Van Liere as being a well-rounded, easy-going, conscientious, and an outside-the-box thinker.His management style is to place competent, capable people in key positions, delegating and giving them the latitude to do the work while remaining available to provide guidance, especially in his areas of strength, budgeting and finance. With elected officials, references noted that he is professional,thorough, always prepared, and doesn't `overstep his knowledge," that is, he is willing to take the time to research an issue to provide the best information and doesn't respond blindly. He is considered to be more a leader than a manager, a `thinking leader,' as described by one reference, who brings his thoughts into the conversation to be sure all aspects of an issue are contemplated in the decision-making process.References also point to his strong skills based in his broad spectrum of knowledge in municipal budgeting and services, and in fact his greatest professional accomplishments were mentioned in that regard; his commitment to excellence and to his profession as a CPA, and the City's recognition from GFOA for Excellence in Financial Reporting. His strengths are considered to be his capacity to see the `big picture' and to consider issues from multiple angles. References agreed that Mr. Van Liere would perform well in this role, and would continue to work for the good of the City. S p f l n g s t e d City of AUantic Beach,Florida Executive Search—City Manager Nelson Van Liere, CPA 12448 Gately Road South,Jacksonville,Florida,32225 Home 904-220-4131, Cell 904-318-0357 E-mail: vanliere@bellsouth.net August 25,2014 John A. Anzivino Springsted Incorporated 1564 East Parham Road Richmond,VA 23228 Reference: City Manager,Atlantic Beach Florida Dear Mr.Anzivino, Please accept the enclosed resume in response to your employment advertisement for the City Manager for the City of Atlantic Beach, Fl. Having now served as the City Manager for the past nine months,it is my pleasure to formally apply for the position to serve the community permanently. I feel that the City Commission and I have been on a journey together through this time of change in our City and we have shared many thoughts and ideas about the kind of place we want Atlantic Beach to be and about the kind of personnel we want serving the citizens. Through this period of change,I have managed turnover of key individuals and presented a budget including many of the ideas that have been shared with me. I feel that my values align themselves well with that of our citizens and of the City Commission. I am thoroughly up to speed on community issues such as the Mayport Road Corridor,Human Rights Ordinance,Marsh Master Plan,Police Building and the general maintenance condition of City Hall and Russell Park as well as other facilities. My twenty four years of experience working closely with six different local city managers has given me the perspective I need to fulfill the role of the City Manager of Atlantic Beach. My extensive background in finance and budgeting,specifically related to the cities of Atlantic Beach and Jacksonville Beach, gives me unique insight to our issues. Issues such as the Inter-Local Agreement, Better Jacksonville Plan,turtle and shore protection as well as rccent pension reform are just a few. In addition to assuming the role of City Manager, I have also been a liaison to the Charter Review Committee and continue to be the Pension Plan Administrator. I have numerous community contacts as well as ties to local professionals that already provide a network of information at my disposal. On a personal note,I have kids that attend the local schools and volunteer at the Gail Baker Community Center from time to time. Our family is already entrenched into this community and deeply committed to its success. I look forward to discussing my experience and qualifications in more detail as to how I may continue to serve Atlantic Beach in new ways. Sincerely, Nelson Van Liere, CPA Nelson Van Liere, CPA 12448 Gately Road South, Jacksonville, Florida, 32225 Home 904-220-4131,Cell 904-318-0357 E-mail: vanliere@bellsouth.net Professional Summary I am an experienced municipal government administrative officer specializing in finance,budgeting, and customer service for a small city. My background includes 24 years serving the public in the beachside communities of North Florida. Attributes e Community and political awareness a Process improvement mindset e Ethical and fair e Strategic thinking e Finance and budgeting expertise e Local government operations ® Strong interpersonal skills a Presentation and software Work History Interim City Manager, 12/13 to present Salary — $123k City of Atlantic Beach—Atlantic Beach,Florida I was appointed to serve as the City Manager,performing all duties as prescribed while concurrently performing the duties of the Finance Director. Most recently I have developed and presented the Proposed Annual Operating Budget for consideration. This year's spending plan is balanced and addresses the strategic goals of the City. Finance Director,2/98 to present Salary — $112k City of Atlantic Beach—Atlantic Beach, Florida As Finance Director for the past 16 years, the City has enjoyed unqualified audit opinions,balanced budgets and full compliance with all regulations related to public finance, I also supervise the customer service and billing where recent improvements to payment processing have just been implemented. Budget Officer,5/91 to 2/98 Salary — 48k City of Jacksonville Beach—Jacksonville Beach,Florida As Budget Officer,I designed the budget document,created the budget each year for the City Manager and monitored its compliance throughout the year for accounting accuracy and appropriateness. I received the Distinguished Budget Award multiple times and assisted Atlantic Beach by creating the Atlantic Beach Budget Document. Accountant,Accounting Supervisor/Assistant Finance Director,4/89 to 5/91 City of Jacksonville Beach—Jacksonville Beach, Florida Duties began as entry level accounting functions but quickly moved up to the assistant position. Associate Staff Accountant,5/88 to 4/89 Smoak,Davis and Nixon CPA Jacksonville,Florida Small local audits and tax return preparation. Accomplishments Since assuming the City Manager Position • Created the 2015 Annual Operating Budget • Refinanced the Utility Revenue Bonds at 2.33%saving$1.6 million • Restructured the Police Department and changed the shifts • Negotiated new contract for sanitation services • Restructured the Planning Department • Restructured the Public Works and Public Utility Departments • Received an Unqualified Audit Report • Implemented Interactive Voice Response Payment Processing • Re-evaluated the Marsh Master Plan and changed the scope to be more in line with the community • Moved forward on the police building project with an RFP for design • Delivered re-use water to Atlantic Beach Country Club • Shifted focus towards maintenance of facilities and parks • Offered settlement with Jacksonville on tipping fees • Offered legislation on annexation for the Atlantic Beach Country Club • Gave a budget preparation presentation at the Beaches Watch meeting • Participate on the Charter Review Committee • Began departmental disaster preparedness training • Also spent enormous amounts of time with the Human Rights Ordinance and the SPA approval of 201 Mayport Road. Education BBA,University of North Florida,Jacksonville,Florida Affiliations Member of Florida Government Finance Officers Association Member of American Institute of Certified Public accountants Certification Florida Certified Public Accountant#29001 References • Ron Whitesides,CPA, City Auditor, Purvis Gray&Company—(352)378-2461 • Rich Komando,City Attorney,City of Atlantic Beach—(904)269-1111 • Michael O'Shields, Senior Vice President Morgan Stanley Wealth Mgt.—(904)543-7809 • Jim Jarboe,City Manager,Neptune Beach—(904)270-2400 • Jack McWilliams, III,Esq.Bond Counsel,Lewis Longman&Walker—(904)353-6410 • Bob Kosoy,PE, FDOT,Jacksonville Maintenance Engineer—(904)360-5222 • Craig Dunlap,Financial Advisor,Dunlap&Associates—(407)678-0977 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: City Manager Employment Agreement SUBMITTED BY: Catherine Berry, Esq., Human Resources Director CO DATE: November 10,2014 BACKGROUND: The Commission is selecting a City Manager November 19,2014,and then will need to enter into an Employment Agreement with that candidate to cover the terms and conditions of said employment. The Commission has approved a budget for compensation and benefits to be provided to the City Manager. The City Attorney is in a unique position to negotiate such Agreement between the City and the City Manager, with input or assistance, as appropriate, from the Director of Human Resources. Attached is a Model Employment Agreement for City Managers produced by ICMA, to use as a template,. BUDGET: No impact. RECOMMENDATION: That the City Attorney, with assistance from the Director of Human Resources, be directed to negotiate an employment agreement with the candidate selected for City Manager, based on the attached template and within the parameters of the budget approved by the Commission,and authorize the Mayor to execute said Agreement on behalf of the City. ATTACHMENTS: ICMA Template for the City Manager Employment Agreement Introduction This Agreement, made and entered into this [date], by ing and experience in local government management and between the [local government] of[state], [town/ and who, as a member of the International City/County city/county] a municipal corporation, (hereinafter Management Association (ICMA), is subject to the called"Employer") and [name], (hereinafter called ICMA Code of Ethics, both of whom agree as follows: "Employee") an individual who has the education,train- Section 1 : Term Recommended Language (I2 months recommended)before the expiration date. In the event the agreement is not renewed, all com- A. This agreement shall remain in full force and pensation, benefits and requirements of the agreement effect from [date] until terminated by the Employer shall remain in effect until the expiration of the term or Employee as provided in Section 9, 10 or 11 of this of the Agreement unless Employee voluntarily resigns. agreement. In the event that the Employee is terminated, as defined in Section 9 of this agreement, the Employee Option 1 shall be entitled to all compensation including sal- The term of this agreement shall be for an initial ary, accrued vacation and sick leave, car allowance period of[#] years from [date] to [date]. This Agree- paid in lump sum or in a continuation of salary on ment shall automatically be renewed on its anniver the existing [biweekly/monthly] basis, at the Employ sary date for a [#] year term unless notice that the ee's option, plus continuation of all benefits for the Agreement shall terminate is given at least [#] months remainder of the term of this agreement. Section 2: Duties and Authority Recommended Language D. It shall also be the duty of the Employee to direct, assign, reassign and evaluate all of the employees of A. Employer agrees to employ [name] as [title] to perform the Employer consistent with policies, ordinances, the functions and duties specified in [legal reference] of charter, state and federal law. the [local government] charter and/or by ordinance(#) dated [legal reference] of the [local govern-ment] code E. It shall also be the duty of the Employee to orga and to perform other legally permissible and proper duties nize, reorganize and arrange the staff of the Employer and functions without interference. and to develop and establish internal regulations, rules and procedures which the Employee deems neces- B. Employee is the chief executive officer of the sary for the efficient and effective operation of the Employer and shall faithfully perform the duties as Employer consistent with the lawful directives, poli- prescribed in the job description as set forth in the cies, ordinances, state and federal law. Employer's charter and/or ordinances and as may be lawfully assigned by the Employer and shall comply F. It shall also be the duty of the Employee to accept with all lawful governing body directives, state and all resignations of employees of the Employer consis- federal law, Employer policies, rules and ordinances as tent with the policies, ordinances, state and federal they exist or may hereafter be amended. law, except the Employee's resignation which must be accepted by the governing body. C. Specifically, it shall be the duty of the Employee to employ on behalf of the Employer all other employees G. The Employee shall perform the duties of(city, of the organization consistent with the policies of the county or town) manager of the Employer with rea governing body and the ordinances and charter of the sonable care, diligence, skill and expertise. Employer. 1 H. All duties assigned to the Employee by the govern- body, both public and closed, with the exception of ing body shall be appropriate to and consistent with the those closed meetings devoted to the subject of this professional role and responsibility of the Employee. Agreement, or any amendment thereto or the Employ- I. The Employee cannot be reassigned from the posi-ee's evaluation or otherwise consistent with state law. tion of(city, county or town) manager to another posi- K.The governing body, individually and collectively, tion without the Employee's express written consent. shall refer in a timely manner all substantive criticisms, J. The Employee or designee shall attend, and shall complaints and suggestions called to their attention to be permitted to attend, all meetings of the governing the Employee for study and/or appropriate action. Section 3: Compensation Recommended Language based on an agreed upon economic indicator; such as the Consumer Price Index. A. Base Salary: Employer agrees to pay Employee an annual base salary of[$ amount], payable in install- Option 3 ments at the same time that the other management em to ees of the Em to er are aid. The Employer agrees to increase the compensation by p y p y p [ %] each year. B. This agreement shall be automatically amended to reflect any salary adjustments that are provided or Option 4 required by the Employer's compensation policies to include all salary adjustments on the same basis as The Employer agrees to increase the compensation applied to the executive classification of employees. each year by at least the average across the board increase granted to other employees of the Employer. C. In addition, consideration shall be given on an annual basis to an increase in compensation. D. At any time during the term of the Agreement, Employer may, in its discretion, review and adjust Options for Section 3. C the salary of the Employee, but in no event shall the p Employee be paid less than the salary set forth in Sec- Compensation tion 3.A. of the Agreement except by mutual written agreement between Employee and Employer. Such Option 1 adjustments, if any, shall be made pursuant to a law- The Employer agrees to increase the compensation of ful governing body action. In such event, Employer the Employee dependent upon the results of the per- and Employee agree to provide their best efforts and formance evaluation conducted under the provisions reasonable cooperation to execute a new agreement of Section 12 of this Agreement. Increased comnpen incorporating the adjusted salary. sation can be in the form of a salary increase and/or E. Except as otherwise provided in this Agreement,the performance incentive and/or an increase in benefits. Employee shall be entitled, at a minimum, to the highest level of benefits enjoyed by and/or available to Option 2 other employees, department heads or general employ- The Employer agrees to increase the compensation of ees of the Employer as provided by the Employer's the Employee dependent upon the results of the per- policies, Charter, ordinances, or personnel rules and formance evaluation conducted under the provisions regulations or other practices. of Section 12 of this Agreement in addition to provid- ing a fixed annual increase in the Employee's salary 2 Section 4: Health, Disability and Life Insurance Benefits Recommended Language Employee and dependents in a manner mutually agreed upon by Employer and Employee. A. The Employer agrees to provide and to pay the B. The Employer agrees to put into force and to make premiums for health, hospitalization, surgical, vision, dental and comprehensive medical insurance for the required premium payments for short term and long Employee and his/her dependents, at a minimum, term disability coverage for the Employee. equal to that which is provided to all other employ- C. The Employee may elect to submit once per calen- ees of the [local government]. In the event no such dar year to a complete physical examination, including plan exists, Employer agrees to provide coverage for a cardio-vascular examination, by a qualified physi- the Employee and dependents in a manner mutually cian selected by the Employee, the cost of which shall agreed upon by Employer and Employee. be paid by the Employer. B. The Employer agrees to put into force and to make D. The Employer shall pay the amount of premium required premium payments for short term and long due for term life insurance in the face amount of three term disability coverage for the Employee. (3) times the Employee's annual base salary, including C. The Employee may elect to submit once per calen all increases in the base salary during the life of this dar year to a complete physical examination, including agreement. If such coverage is not available through a cardio vascular examination by a qualified physi the Employer's insurance carrier or the Employee elects cian selected by the Employee, the cost of which shall to obtain coverage through a different insurance car- be paid by the Employer. rier;the Employer shall reimburse the Employee for the cost of the premiums in an amount equal to the same D. The Employer shall pay the amount of premium value as that provided by the Employer's insurance car- due for term life insurance in the amount of three (3) rier. The Employee shall own the life insurance policy times the Employee's annual base salary, including and the life insurance policy shall be in the name of all increases in the base salary during the life of this the Employee and the Employee shall have the right to agreement. The Employee shall name the beneficiary name the beneficiary of the life insurance policy. of the life insurance policy. Option 2 Option 1 E. The Employer shall provide business travel insur- A. The Employer agrees to provide for full health, hos- ance for the Employee while the Employee is traveling pitalization, surgical, vision, dental and comprehensive on the Employer's business, and the Employee shall medical insurance for the Employee and his/her depen- name the beneficiary thereof. Should the Employee dents on an equivalent basis to that which is provided die while on travel for the Employer; the Employer to all other employees of the [local government]. and shall cover the full cost of retrieving and transporting Employer shall pay all premiums for the Employee and the Employee's remains back to the custody of the the Employee's dependents. In the event no such plan Employee's family. exists, Employer agrees to provide full coverage for the Section 5: Vacation, Sick, and Military Leave Recommended Language available to any other employees, under the same rules and provisions applicable to other employees. A. Upon commencing employment, the Employee shall be credited with [#] accrued sick leave hours and [ # Option 1 ] accrued vacation leave hours. In addition, beginning the first day of employment, Employee shall accrue Beginning the first day of employment, Employee shall sick leave and vacation leave on an annual basis, at a accrue sick leave and vacation leave on an annual minimum, at the highest rate provided or basis equivalent to the number of years served in the profession. 3 B.Upon commencing employment, the Employee shall involuntarily, the Employee shall be compensated for have access to a bank of 180 sick days to be used in the all accrued vacation time, all paid holidays, executive case of serious medical conditions. This leave can only leave, and other benefits to date. be used to provide coverage during the waiting period D. The Employee shall be entitled to military reserve between the onset of illness or disability and the point at leave time pursuant to state law and [local govern which short or long term disability coverage takes effect went] policy. and may be renewed after each occurrence. C. The Employee is entitled to accrue all unused Option 2 leave, without limit, and in the event the Employee's E. The Employee shall annually be credited with five employment is terminated,either voluntarily or (5) days of executive leave. Section 6: Automobile Recommended Language Employee shall be responsible for paying for liability, property damage, and comprehensive insurance cover- The Employee's duties require exclusive and unre- age upon such vehicle and shall further be responsible stricted use of an automobile to be mutually agreed for all expenses attendant to the purchase, operation, upon and provided to the Employee at the Employer's maintenance, repair; and regular replacement of said cost, subject to approval by Employer which shall not vehicle. The Employer shall reimburse the Employee be withheld without good cause. It shall be mutu- at the IRS standard mileage rate for any business use ally agreed upon whether the vehicle is purchased by of the vehicle beyond the greater [local government] the Employer, provided under lease to the Employer area. For purposes of this Section, use of the car or to the Employee, or provided through a monthly within the greater [local government] area is defined allowance. as travel to locations within a mile (recom- mended one hundred (100) mile) radius of the local Option 1—Monthly Vehicle government limits.) Allowance Option 2—Employer Provided The Employer agrees to pay to the Employee, during the term of this Agreement and in addition to other Vehicle salary and benefits herein provided, the sum of[dol- The Employer shall be responsible for paying for liability, lar amount] per year; payable monthly, as a vehicle property damage, and comprehensive insurance, and for allowance to be used to purchase, lease, or own, oper- the purchase(or lease), operation, maintenance, repair, ate and maintain a vehicle. The monthly allowance and regular replacement of a full-size automobile. shall be increased annually by [% or $] amount. The Section 7: Retirement Recommended Language sary agreements provided by ICMA Retirement Corpo- ration [ICMA-RC]or any other Section 457 deferred The Employer agrees to enroll the Employee into the compensation plan for Employee's [continued] participa- applicable state or local retirement system and to tion in said supplementary retirement plan. In addition make all the appropriate contributions on the Employ- to the base salary paid by the Employer to Employee, ee's behalf. Employer agrees to pay an amount equal to [percentage In addition to the Employer's payment to the state or of Employee's base salary, fixed dollar amount of[$] local retirement system (as applicable) referenced above, or maximum dollar amount permissible under Federal Employer agrees to execute and keep in force all metes and state law into the designated plan on the Employee's 4 behalf, in equal proportionate amount each pay period. pensation annually. The 401(a) plan shall be established The Employer and Employee shall fully disclose to each as an employer paid plan with non-discretionary contri- other the financial impact of any amendment to the butions by the Employer and the Employee shall have no terms of Employee's retirement benefit. right to receive such contributions in cash. The 401(a) In lieu of making a contribution to a Section 457 plan shall be established under a written plan document deferred compensation plan, the dollar value of this that meets the requirements of the IRS Code and such contribution may be used, at the Employee's option, to document is hereby incorporated herein by reference. purchase previous service from another qualified plan. The funds for the 401(a) plan shall be invested in such investment vehicles as are allowable under the IRS Code Option 1 and the Employee shall make the sole determination as p to how the funds are invested. Recognizing that effective service with the community is based in part on the stability rovided through a Option 2 A: The Employee shall be required to con- long-term relationship, the Emp Oyer shall pro de a tribute [ % ] of base salary or [dollar amount] annu- retirement annuity, as directed by the Employee, at a ally on a pre-tax basis as a condition of participation. rate of[dollar amount], payable at the completion of each quarter of the fiscal year. This annuity serves as Option3 a retirement contribution and does not require further The Employer shall adopt a qualified 401(a) profit- action of the Employer. sharing plan offered through 1CMA Retirement Cor- poration for the Employee in the form of a money Option 2 purchase plan to which the Employer shall contribute The Employer shall adopt a qualified 401(a) defined con-[% ] of all performance bonuses annually. tribution plan offered through 1CMA Retirement Corpora- Option 3 A: The Employee shall be required to con- tion for the Employee in the form of a money purchase tribute [ % ] of base salary or [dollar amount] annu- plan to which the Employer shall contribute [%] of corn- ally on a pre-tax basis as a condition of participation. Section 8: General Business Expenses Recommended Language C. Employer also agrees to budget and pay for travel and subsistence expenses of Employee for short A. Employer agrees to budget and pay for professional courses, institutes, and seminars that are necessary for dues, including but not limited to the International City/ the Employee's professional development and for the County Management Association, and subscriptions of good of the Employer. the Employee necessary for continuation and full par- ticipation in national, regional, state, and local associa- personal Employer recognizes that certain expenses of a non- tions, and organizations necessary and desirable for the personal but job related nature are incurred by Employee, Employee's continued professional participation, growth, and agrees to reimburse or to pay said gen eral and advancement, and for the good of the Employer. expenses. Such expenses may include meals where Employer business is being discussed or conducted and B. Employer agrees to budget and pay for travel and participation in social events of various organizations subsistence expenses of Employee for profes- sional when representing the Employer. Such expenditures are and official travel, meetings, and occasions to subject to annual budget constraints as well as state adequately continue the professional development of and Employer ethics and purchasing policies. The Employee and to pursue necessary official functions finance director is authorized to disburse such moneys for Employer, including but not limited to the ICMA upon receipt of duly executed expense or petty cash Annual Conference, the state league of municipalities, vouchers, receipts, statements or personal affidavits. and such other national, regional, state, and local gov- E. The Employer acknowledges the value of having ernmental groups and committees in which Employee serves as a member. Employee participate and be directly involved in local civic clubs or organizations. Accordingly, Employer 5 shall pay for the reasonable membership fees and/ personal use, and pager for business and personal use or dues to enable the Employee to become an active required for the Employee to perform their duties and member in local civic clubs or organizations. to maintain communication with Employer's staff and F. Recognizing the importance of constant communi officials as well as other individuals who are doing cation and maximum productivity, Employer shall pro business with Employer. Upon termination of Employ vide Employee, for business and personal use, a laptop ee's employment, the equipment described herein computer, software, internet connection at Employee's shall become the property of the Employee and at the permanent residence, mobile phone/personal digital discretion of the Employee any mobile phone number assistant and/or tablet computer for business and shall be transferred to the Employee. Section 9: Termination Recommended Language 4. If the Employee resigns following an offer to accept resignation,whether formal or informal, by A. For the purpose of this agreement, termination shall the Employer as representative of the majority of the occur when: governing body that the Employee resign, then the 1. The majority of the governing body votes to termi Employee may declare a termination as of the date of nate the Employee in accordance with (cite applicable the suggestion. local law) at a properly posted and duly authorized 5. Breach of contract declared by either party with a public meeting. 30 day cure period for either Employee or Employer. 2. If the Employer; citizens or legislature acts to amend Written notice of a breach of contract shall be pro any provisions of the [charter, code, enabling legisla- in accordance with the provisions of Section 20. tion] pertaining to the role, powers, duties, author- ity, responsibilities of the Employee's position that Option substantially changes the form of government, the A. In the event the Employee is terminated by the Employee shall have the right to declare that such Employer during the six (6) months immediately fol- amendments constitute termination. lowing the seating and swearing-in of one or more 3. If the Employer reduces the base salary, compensa new governing body members, and during such time tion or any other financial benefit of the Employee, that Employee is willing and able to perform his duties unless it is applied in no greater percentage than the under this Agreement, then, Employer agrees to pay average reduction of all department heads, such action Severance in accordance with Section 10 plus salary shall constitute a breach of this agreement and will be and benefits in accordance with Section 10 for any regarded as a termination. portion of the six months not worked. Section 10: Severance Severance shall be paid to the Employee when The Employer agrees to make a contribution to the employment is terminated as defined in Section 9. Employee's deferred compensation account on the A. If the Employee is terminated, the Employer shall value of this compensation calculated using the provide a minimum severance payment equal to then current annual salary of Employee at the date twelve (12) months salary at the then current rate of of termination divided by two thousand and eighty pay. This severance shall be paid in a lump sum or (2080) hours. If the amount of the contribution under in a continuation of salary on the existing [biweekly/ this Section exceeds the limit under the Code for a monthly] basis, at the Employee's option, contribution to the Deferred Compensation plan, the remainder shall be paid to the Employee in a lump B. The Employee shall also be compensated for all sum as taxable compensation. sick leave, vacation leave, and all paid holidays. 6 C. For a minimum period of one year following termi- them in an amount not to exceed [$10,000 to $15,000 nation, the Employer shall pay the cost to continue the recommended], and following benefits: 6. Any other available benefits. 1. Health insurance for the employee and all depen- D. If the Employee is terminated because of a felony dents as provided in Section 4A, after which time, conviction,then the Employer is not obligated to pay Employee will be provided access to health insurance severance under this section. pursuant to the Consolidated Omnibus Budget Recon- ciliation Act("COBRA"). E. The termination and severance of Employee shall be in accordance with the "Separation Agreement" 2. Life insurance as provided in Section 4D agreed to by Employer and Employee. A template for 3. Short-term and long-term disability as provided in such agreement is provided by ICMA,and is incorpo- Section 4B rated herein by reference. 4. Car allowance or payment of lease, or provide *Provisions for severance and severance related ben- option to buy Employer's vehicle at depreciated value efrts may be governed by state and/or local law Before 5. Out placement services should the employee desire entering into negotiations, both parties should be knowledgeable about relevant legal provisions. Section 11 : Resignation In the event that the Employee voluntarily resigns his/ provide a minimum of 30 days notice unless Employer her position with the Employer, the Employee shall and Employee agree otherwise. • Section 12: Performance Evaluation A. Employer shall annually review the performance of B. Unless the Employee expressly requests otherwise in the Employee in [month] subject to a process, form, writing, the evaluation of the Employee shall at all criteria, and format for the evaluation which shall be times be conducted in executive session of the govern- mutually agreed upon by the Employer and Employee. ing body and shall be considered confidential to the The annual evaluation process, at a minimum, shall extent permitted by law. Nothing herein shall prohibit include the opportunity for both parties to: (1) the Employer or Employee ftom sharing the content of conduct a formulary session where the governing the Employee's evaluation with their respective legal body and the Employee meet first to discuss goals counsel. and objectives of both the past twelve (12) month C. In the event the Employer deems the evaluation performance period as well as the upcoming twelve instrument, format and/or procedure is to be modified (12) month performance period, (2) following that by the Employer and such modifications would require formulary discussion, prepare a written evaluation of new or different performance expectations, then the goals and objectives for the past and upcoming year, Employee shall be provided a reasonable period of (3) next meet and discuss the written evaluation of time to demonstrate such expected performance before these goals and objectives, and (4) present a written being evaluated. summary of the evaluation results to the Employee. D. In the event the Employee is an ICMA Credentialed The final written evaluation should be completed and delivered to the Employee within 30 days of the initial Manager; the multi rater evaluation tool will be uti lized at a minimum of every five years. formulary evaluation meeting. 7 Section 13: Hours of Work It is recognized that the Employee must devote a great The schedule shall be appropriate to the needs of the deal of time outside the normal office hours on busi- Employer and shall allow Employee to faithfully per- ness for the Employee; and to that end Employee shall form his or her assigned duties and responsibilities. be allowed to establish an appropriate work schedule. Section 14: Ethical Commitments Employee will at all times uphold the tenets of the commitments by refraining from any order, direction ICMA Code of Ethics, a copy of which is attached or request that would require Employee to violate the hereto and incorporated herein. Specifically, Employee ICMA Code of Ethics. Specifically, neither the govern- shall not endorse candidates, make financial contribu- ing body nor any individual member thereof shall tions, sign or circulate petitions, or participate in fund- request Employee to endorse any candidate, make any raising activities for individuals seeking or holding financial contribution, sign or circulate any petition, elected office, nor seek or accept any personal enrich- or participate in any fund-raising activity for individu- ment or profit derived from confidential information als seeking or holding elected office, nor to handle or misuse of public time. any matter of personnel on a basis other than fairness, Employer shall support Employee in keeping these impartiality and merit. Section 15: Outside Activities The employment provided for by this Agreement shall teaching, consulting or other business opportunities be the Employee's primary employment. Recognizing with the understanding that such arrangements must that certain outside consulting or teaching opportuni- neither constitute interference with nor a conflict of ties provide indirect benefits to the Employer and the interest with his or her responsibilities under this community, the Employee may elect to accept limited Agreement. Section 16: Moving and Relocation Expenses Recommended Language B. Employer shall reimburse Employee for actual lodging and meal expenses for his/her family in route from [loca- Employee agrees to establish residence within the cor- tion name] to [location name]. Mileage costs for moving porate boundaries of the local government, if required, two personal automobiles shall be reimbursed at the cur- within [number] months of employment, and thereaf- rent IRS allowable rate of[cents amount] per mile. ter to maintain residence within the corporate bound- aries of the local government. C. Employer shall pay Employee an interim housing supplement of[dollar amount] per month for a period A.Employer shall pay directly for the expenses of commencing [date], and shall continue for a maxi- moving Employee and his/her family and personal mum of[# ] months, or until a home is purchased property from [location name] to [location name]. and closed on, within the corporate limits of the [local Said moving expenses include packing, moving, government name], whichever event occurs first. storage costs, unpacking, and insurance charges. The Employee shall provide evidence of actual mov D. Employer shall reimburse Employee for a total of ing expenses by securing quotations from three (3) [number] round trip air fares for Employee and his/ companies. The Employee shall submit these quotes to her family [amount of total tickets] at any time during the Employer who, in consultation with the Employee, the first year of service to assist with house hunting and shall select the moving company. other facets of the transition and relocation process. The 8 Employee and his/her family may utilize and distribute ing during the first year of this agreement. The cost of the total [enter number] individual round trip tickets this move shall not exceed (dollar amount). in any combination of individual members making the F. The Employer shall pay the Employee's tax liability trips. The Employee shall be reimbursed for actual lodg- on all Employer provided benefits for relocation and ing and meal expenses incurred by Employee or his/her housing. family members on any trips conducted prior to reloca- tion, as detailed herein. Option 1 E. The Employee shall be reimbursed, or Employer The Employer shall pay a lump sum payment of[$] to may pay directly, for the expenses of packing and the Employee to cover relocation costs. moving from temporary housing to permanent hous- Section 17: Home Sale and Purchase Expenses Recommended Language Option 3 A. Employee shall be reimbursed for the direct costs Employer agrees to provide the Employee a loan for the associated with the sale of Employee's existing per- purchase of a home in an amount not to exceed [dollar sonal residence, said reimbursement being limited to amount]. Employee shall pay Employer a monthly mort- real estate agents' fees, and other closing costs that gage payment of[dollar amount] for interest,which is are directly associated with the sale of the house. Said equal to the amount currently being paid in principle and reimbursement should not exceed the sum of[$ ]. interest for the current residence.Employee shall accrue equity at a rate of[% ] per month. B. Employee shall be reimbursed for the costs inciden- tal to buying or building a primary residence within Upon termination of employment with the Employer, the [local government], including real estate fees, title Employee shall have a maximum of six months to insurance, and other costs directly associated with the sell the home while continuing to reside in it under purchase or construction of the house, said reimburse- the terms and conditions here. Should the home ment not to exceed the sum of [$]. sell during the time period, Employer shall receive 100% of the proceeds minus the percentage of equity Option 1 accrued by Employee as described above, and minus the amount of equity originally invested by Employee. Employer shall reimburse Employee for up to three Said accrued equity and original equity shall both discount points within thirty (30) days following pur- be payable to Employee upon closing. Said original chase of a home within the corporate limits of[local equity invested shall be calculated as an amount equal government name], in an effort to minimize mortgage to the percentage of original purchase price, repre- rate differentials. sented by the original equity investment by Employee, and adjusted to be the same percentage of equity in Option 2 the current sale price of the home. All closing costs Employer shall provide Employee with a borne by the seller shall be split between Employer [fixed-interest, variable-interest, interest-only] loan and Employee in a proportion equal to the equity to purchase a house. The amount of the loan shall share described above. Should the house fail to sell not exceed $ . The loan shall be repaid in within the allotted six month time period, Employer full to the Employer upon the occurrence of either of has the option of allowing the previous arrangement the following events: (i) the home, or the Employee's to continue in place or to purchase equity, calcu- interest in the home, is sold, transferred, or conveyed, lated as provided above, plus the original cost of all or (ii) the Employee's employment with the Employer, improvements made to the property. for any reason, is terminated. The Employer and Employee shall execute any and all documents neces- sary to document this transaction. 9 Option 4 Option 5 A. Employer shall provide a residence for Employee Employee shall place their current residence on the mar- at no cost to Employee other than the monthly cost of ket and make every reasonable attempt to sell residence. all utilities and services. Should Employee choose to If after six(6) months,Employee has not sold or agreed not accept the housing no additional housing incentive to sell their residence the Employer shall purchase the shall be provided to Employee. residence from Employee at ninety percent (90%) of current list price or appraised value whichever is less. B. Upon separation, voluntary or involuntary, Employee shall vacate the residence with six (6) Employer shall then place the residence on the market months of date of separation. with all proceeds of any sale to Employer. Section 18: Indemnification Beyond that required under Federal, State or Local damages,judgments, interest, settlements, penal- Law, Employer shall defend, save harmless and ties, fines, court costs and other reasonable costs and indemnify Employee against any obligation to pay expenses of legal proceedings including attorneys fees, money or perform or no perform action, including and any other liabilities incurred by, imposed upon, without limitation,any and all losses, damages,judg- or suffered by such Employee in connection with or ments, interests, settlements, penalties, fines, court resulting from any claim, action, suit, or proceeding, costs and other reasonable costs and expenses of legal actual or threatened, arising out of or in connection proceedings including attorneys fees, and any other with the performance of his or her duties. Any settle- liabilities arising from, related to, or connected with ment of any claim must be made with prior approval any tort, professional liability claim or demand or any of the Employer in order for indemnification, as pro- other threatened, pending or completed action, suit vided in this Section, to be available. or proceeding,whether civil, criminal, administrative, Employee recognizes that Employer shall have the arbitrative or investigation, whether groundless or right to compromise and unless the Employee is a otherwise, arising out of an alleged act or omission party to the suit which Employee shall have a veto occurring in the performance of Employee's duties as authority over the settlement, settle any claim or suit; [job title] or resulting from the exercise of judgment unless, said compromise or settlement is of a per- or discretion in connection with the performance of sonal nature to Employee. Further, Employer agrees program duties or responsibilities, unless the act or to pay all reasonable litigation expenses of Employee omission involved willful or wanton conduct. The Employee may request and the Employer shall not throughout the pendency of any litigation to which the Employee is a party, witness or advisor to the unreasonably refuse to provide independent legal rep- Employer. Such expense payments shall continue resentation at Employer's expense and Employer may beyond Employee's service to the Employer as long not unreasonably withhold approval. Legal representa- as litigation is pending. Further; Employer agrees to tion, provided by Employer for Employee, shall extend pay Employee reasonable consulting fees and travel until a final determination of the legal action including expenses when Employee serves as a witness, advisor any appeals brought by either party. The Employer or consultant to Employer regarding pending litigation. shall indemnify Employee against any and all losses, Section 19: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. 10 Section 20: Other Terms and Conditions of Employment A. The Employee; only upon agreement with Employee, heads or general employees] of the Employer as provided shall fix any such other terms and condi- tions of in the Charter, Code, Personnel Rules and Regulations or employment, as it may determine from time to time, by practice. relating to the performance of the Employee, pro- vided such terms and conditions are not inconsistent with or Option 1—Ap p ro p riati o n in conflict with the provisions of this Agree-ment, the The Employer has appropriated, set aside and encum- [local government] Charter; local ordinances or any bered, and does hereby appropriate, set aside, and other law. encumber, available and unappropriated funds of the B.Except as otherwise provided in this Agreement, the municipality in an amount sufficient to fund and pay Employee shall be entitled, at a minimum, to the highest all financial obligations of the Employer pursuant to level of benefits that are enjoyed by or offered to other this Agreement, including but not limited to, the Sev- [appointed officials, appointed employees,department erance and other benefits set forth in Section10. Section 21 : Notices Notice pursuant to this Agreement shall be given by Notice shall be deemed given as of the date of per- depositing in the custody of the United States Postal sonal service or as the date of deposit of such writ- Service, postage prepaid, and addressed as follows: ten notice in the course of transmission in the United States Postal Service. (a) EMPLOYER: City of( ) address city,state,zip (b) EMPLOYEE: name address city, state zip 11 Section 22: General Provisions A. Integration. This Agreement sets forth and estab- Employer and Employee subsequent to the expunge- lishes the entire understanding between the Employer ment or judicial modification of the invalid provision. and the Employee relating to the employment of the E. Precedence. In the event of any conflict between Employee by the Employer. Any prior discussions the terms, conditions and provisions of this Agreement or representations by or between the Employer and and the provisions of Council's policies, or Employer's Employee are merged into and rendered null and void ordinance or Employer's rules and regulations, or any by this Agreement. The Employer and Employee by permissive state or federal law, then, unless otherwise mutual written agreement may amend any provision prohibited by law, the terms of this Agreement shall of this agreement during the life of the agreement. take precedence over contrary provisions of Council's Such amendments shall be incorporated and made a part of this agreement. policies, or Employer's ordinances, or Employer's rules and regulations or any such permissive law during the B. Binding Effect. This Agreement shall be binding term of this Agreement. on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and Name of Employer successors in interest. By: C. Effective Date. This Agreement shall become Governing Body Representative effective on Executed this the (number) day of(month), (year). D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the Employee validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the Signature: remaining provisions shall be deemed to be in full Executed this the (number) day of(month),(year). force and effect as if they have been executed by both 12 Appendix 1 SEPARATION OF EMPLOYMENT AND GENERAL RELEASE This Separation of Employment and General of all obligations due and owing Employee, Employer Release Agreement ("Agreement") is made by and shall: between the [local government] ("Employer") and a. Pay Employee an amount equal to (_) ("Employee"). months of his current salary, subject to customary WHEREAS,Employer has employed Employee as its payroll deductions—to include Employee's portion ; however, the parties wish of health, dental and vision insurance premiums for to enter into a voluntary agreement to terminate their (_) months. employment relationship and to resolve any actual or b. Continue, and pay for; Employer's current health, potential claims that either party may have against the dental and vision insurance coverages for (_) other by reason of Employee's employment or termi- months, ending on , 20_. nation thereof. [C. INCLUDE ANY OTHER CONSIDERATION, SUCH WHEREAS, The parties desire to set forth the terms AS AGREEING NOT TO CONTEST UNEMPLOYMENT, and conditions governing Employee's separation of ALLOWING THE EMPLOYEE TO PURCHASE HIS employment and to provide for the settlement and WORK LAPTOP, ETC.] release of any and all disputes or controversies that have arisen, or which may hereafter arise, between 3. SURRENDER AND VACATION OF EMPLOYER's Employer and Employee, including without limitation, PROPERTY. Upon execution of this Agreement, any and all claims arising out of or in any way related Employee shall deliver all Employer's property in his/her to Employee's employment with or separation from possession and further; shall vacate Employer's property. the Employer. 4. RELEASE AND WAIVER OF CLAIMS. In con- NOW THEREFORE, in consideration of the mutual sideration of the benefits to be provided to Employee covenants herein contained and the mutual benefits to pursuant to this Agreement, Employee—including his be derived therefrom, the sufficiency of which consid- heirs and assigns hereby irrevocably and uncondi- eration is hereby acknowledged by the undersigned, tionally releases, acquits and discharges Employer and Employer and Employee agree and state: each of its past, present and future elected officials, department heads, officers, employees, agents, rep- 1. TERMINATION OF EMPLOYMENT. Upon resentatives and attorneys from any and all charges, their mutual agreement, Employee's employment complaints, claims, liabilities, obligations, promises, shall terminate on agreements, controversies, damages, actions, causes of 20_, which shall be Employee's final date of action, suits, rights, demands, costs, losses, debts and employment. expenses (including attorneys' fees and costs actually 2. NO ADMISSION OF LIABILITY. This Agreement incurred), of any nature whatsoever; whether known is not an admission by Employee or Employer of any or unknown, arising out of any act, omission, or event wrongful conduct whatsoever. Both parties deny and from the beginning of time up to the execution of this disclaim any liability to or wrongful conduct against Agreement. Employee specifically acknowledges and the other or any third party. agrees that he is releasing and giving up any right that 3. PAYMENT AND BENEFITS. Employee shall receive he may now have under federal or state law or politi his/her regular paycheck for the pay period ending cal subdivision thereof and any claims that he may , 20_on or before , 20_ now have or could have asserted against Employer. Employee shall receive on or before , 20_an Employee specifically agrees to release all claims that additional payment to compensate for his accumulated against Employer under many different laws, including leaves (vacation and floating holidays) and comp time, but not limited to: the Age Discrimination in Employ- subject to customary payroll deductions. merit Act, the Older Workers Benefit Protection As consideration for this Agreement and the release Act, and Executive Order 11141, which prohibit age contained within, and in full and complete satisfaction discrimination in employment; Title VII of the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act 13 of 1866, and Executive Order 11246, which prohibit been sold, assigned or pledged to any third party; discrimination based on race, color, national origin, and he/she presently possesses the exclusive right religion, or sex; the Americans with Disabilities Act to receive all of the consideration paid in exchange and Sections 503 and 504 of the Rehabilitation Act of for this Agreement. 1973, which prohibit discrimination based on disabil b. Employee represents and warrants that he/she has ity; any other federal, state, or local laws prohibiting not and will not file any complaints, charges or law- employment or wage discrimination; the Fair Labor Standards Act of 1938 and state laws that regulate suits against Employer or any of its past, present and future elected officials, department heads, officers, wage and hour matters; the Family and Medical Leave employees,agents, representatives or attorneys with Act of 1993; the Employee Retirement income Security any governmental agency or any court, including Act of 1974; any federal, state, or local laws providing without limitation,any claim or matter of any nature workers' compensation benefits, prohibiting retalia whatsoever related to or arising out of his employ- tory or wrongful discharge, otherwise restricting an ment with or separation of his/her employment, employer's right to terminate employees, or otherwise except Employee expressly reserves the right to file a regulating employment; claims for breach of con claim for unemployment benefits. Employee further tract, promissory estoppel, defamation, slander; or agrees to indemnify and hold Employer harmless libel; claims for termination pay, severance, or other from any and all loss, costs, damages or expenses, benefits; and any other federal, state, or local tort or including reasonable attorney fees incurred by contract claim. Employee expressly waives all rights Employer, arising out of any claim concerning the that he might have under any law that is intended to separation of employment that may hereafter be protect him from waiving unknown claims. made by the Employee or any other party. Employer hereby irrevocably and unconditionally c. Employer represents and warrants that it has not releases, acquits and discharges Employee from any and will not file any complaints, charges or lawsuits and all from any and all charges, complaints, claims, against Employee with any governmental agency liabilities, obligations, promises, agreements, controver- sies, damages, actions, causes of action, suits, rights, or any court, including without limitation, any claim or matter of any nature whatsoever relating demands, costs, losses, debts and expenses (including to or arising out of Employee's employment with attorneys' fees and costs actually incurred), of any Employer or the separation of his employment from nature whatsoever,whether known or unknown, aril Employer. Employer further agrees to indemnify ing out of any act, omission, or event from the begin and hold the Employee harmless from any and all ping of time up to the execution of this Agreement. loss, costs, damages or expenses, including reason 5. REFERENCES AND NON-DISPARAGEMENT. If able attorney fees incurred by Employee, arising it is necessary for Employer to provide a reference out of any claim arising from the separation of to a prospective employer, Employee agrees that his employment that may hereafter be made by he will direct the prospective employer to contact Employer or any other party. Additionally, Employee and the elected d. Each party is fully aware of the contents of this officials agree that they shall not disparage or make Agreement and of its legal effect and understands negative comments about each other; provided that that it should obtain legal advice regarding this this Section shall not apply to comments made to any Agreement as they deem appropriate. The parties other governmental entity or as required by law. hereto and each of them, have carefully read this 6. REPRESENTATIONS AND WARRANTIES. The Agreement and know the contents thereof, and they undersigned parties hereby represent and warrant the signed the same freely and voluntarily. following to the other: e. This Agreement sets forth the entire agreement a. Employee represents and warrants that: he/ between the parties and supersedes any and all she is legally and mentally competent to sign this prior agreements or understandings between the Agreement; he/she is the sole owner of any claims parties pertaining to the subject matter herein. No against the Employer; he/she has the requisite waiver of a breach of any provision of this Agree- capacity and authority to make this Agreement, and went shall be construed to be a waiver of any no portion of any existing or potential claims has breach of any other provision of this Agreement or 14 of any succeeding breach of the same provision. carefully read the Agreement and the Release No delay in acting with regard to any breach of any included herein; (c) fully understands it; and (d) provision of this Agreement shall be construed to is entering into it voluntarily. Employee represents be a waiver of such breach. If any provision in this that Employer encouraged him/her to discuss this Agreement is found to be unenforceable, all other Agreement with an attorney of choice before sign- provisions will remain fully enforceable. ing it. This Agreement shall not become effective or f. No promise or inducement has been made or enforceable until the seven-day revocation period offered, except as herein expressly set forth, and has expired without Employee having revoked this Agreement is executed without reliance upon acceptance of it. any statement or representation by any of the IN WITNESS WHEREOF, the parties have executed released parties or their representatives. this Agreement as of the respective dates set forth g. The language of all parts of this Agreement shall, below and each hereby acknowledge receipt of an in all cases, be construed as a whole, according executed copy of this Agreement. to its fair meaning, and not strictly for or against either party. On behalf of the Employer of h. This Agreement and any amendments hereto may be executed in multiple counterparts by the • parties. Each counterpart shall be deemed an origi- nal, but all counterparts together shall constitute 15 one and the same instrument 7. JURISDICTION. This Agreement shall be gov-dined by the laws of the State of , and the County District Court shall have exclu- sive jurisdiction of any disputes arising under this Agreement. 8. BINDING EFFECT. This Agreement shall be bind- ing upon and shall accrue to the benefit of the parties hereto, their respective personal representatives, suc-cessors in interest and assigns. 9. REVIEW&REVOCATION. The parties acknowl-edge that Employee may revoke his/her acceptance and execution of this Agreement at any time within seven (7) days of the date of his/her execution of it. Any revocation shall be in writing and shall be effec-tive upon timely receipt by the Employer's Attorney. If the revocation is submitted by mail, the revoca-tion must be postmarked before the expiration of the seven (7)-day revocation period, and must be sent by overnight mail or other method so that it is received at the above address no later than the next business day immediately following the expira- tion of the seven (7)-day period. Further, Employee represents that, before accepting and executing this Agreement,he/she was given a review period of twenty-one (21) days in which to consider it. Employee further represents that he/she: (a) took advantage of as much of this period as required to consider this Agreement before signing it; (b) 16 Employer Date Attested by: Employer's Representative Date On behalf of Employee: Date 17