Resolution No. 04-12RESOLUTION NO. 04-12
A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING
DONNA BUSSEY AS CITY CLERK, FIXING HER DUTIES AND RATE
OF COMPENSATION, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article IV, Sec 28 of the Charter of the City of Atlantic Beach requires the
City Commission to appoint a City Clerk, and
WHEREAS, Donna L. Bussey, hereinafter referred to as Employee, has been selected by
the City Commission, hereinafter referred to as Employer, to serve as the City Clerk, and
WHEREAS, the City Commission desires to establish the duties, compensation, and
benefits, of the City Clerk.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic
Beach as follows:
Section 1: Duties
The City Clerk shall perform the functions and duties specified in Article IV of the City Charter
and such other legally permissible and proper duties and functions as the City Commission shall
from time to time assign.
Section 2: Term
It is the intent of the City Commission, as the governing body of Atlantic Beach, to appoint the
City Clerk for an indefinite term and in furtherance thereof, Employee is hereby appointed as
City Clerk of Atlantic Beach effective October 11, 2004, and continuing for an indefinite term
thereafter; provided, however, that the indefinite term shall be for a term of one (1) year which
shall be automatically renewed from year to year thereafter upon the anniversary date of such
appointment unless either party shall, prior to such anniversary date or at anytime, terminate or
cancel this agreement as hereinafter provided.
Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City
Commission to terminate the services of Employee at any time, subject only to the provisions set
forth in Section 8 of this agreement.
Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the
Employee to resign, or retire, at any time from her position with Employer, subject only to the
provision set forth in Section 8 of this agreement.
Section 3: Hours of Work
It is recognized that Employee must devote a great deal of time outside the normal office hours
to business of the Employer, and to that end, Employee will be allowed to take compensatory
time off as she shall deem appropriate during said normal office hours provided that such does
not result in an adverse effect on the operations of the City.
Section 4: Compensation
The City Clerk is an appointed exempt employee and shall be paid an annual base salary of
47,798.40, payable in installments at the same time as other management employees of the
Employer are paid.
In addition, Employer agrees to increase said base salary and/or benefits of Employee in such
amounts and to such extent as the City Commission may determine that it is desirable to do so on
the basis of an annual salary review of said Employee made at the same time as similar
consideration is given other City employees generally.
Section 5: Benefits
As separate aspects of the City Clerk's employment hereunder, the City shall provide the
Employee with the same benefits as provided to other full time City employees beginning at the
level for an employee with her current City service. Employee shall receive no reduction in
benefits as a result of this action. Changes to such benefits, as applied to all City employees,
shall apply to Employee as they would to other employees of the City. These benefits include,
but are not limited to: personal leave, health and life insurance, longevity pay, holidays with
pay, continued pension plan participation, leave cash-in, and reimbursement for official use of
personal automobile. In addition, Employee shall receive:
a) Dues and subscriptions. Employer agrees to pay for professional dues and subscriptions
necessary for her full participation in national, regional, state, and local associations and
organizations necessary and desirable for her professional participation, growth, and
advancement, and for the good of the Employer up to an amount not to exceed the amount
budgeted.
b) Professional Development. Employer hereby agrees to pay for travel and subsistence
expenses of Employee, up to the amount budgeted, for professional and official travel, meetings,
and occasions adequate to continue the professional development of Employee and to adequately
pursue necessary official functions for Employer, including but not limited to City Clerk's annual
conferences.
c) Reimbursement of General Expenses. Employer recognizes that certain expenses of a non-
personal and generally job-affiliated nature maybe incurred by the Employee, and hereby agree
to reimburse or to pay said general expenses, up to an amount not to exceed the amount
budgeted, and the Director of Finance is hereby authorized to disburse such monies upon receipt
of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits.
d) Tuition Assistance. Employee shall be authorized to take education and/or training
courses, to include college courses, for the purpose of employee development, education, or
training in order to promote the development of the employee, improve the quality of personal
services rendered to the City, equip the employee for career service, and provide a reservoir of
occupational skills necessary to meet current and future employment needs.
e) Other. The City Clerk shall be entitled to enroll within other optional benefits as provided
to other general employees of the City such as: Flexible Spending Accounts, EAP services,
vision and dental insurance, and ICMA 457 Plan.
Section 6: Reduction of Benefits
Employer shall not at any time reduce the salary, compensation, or other financial benefits of
Employee, except to the degree of such a reduction across-the-board for all City employees.
Section 7: Suspension
Employer may suspend the Employee with full pay and benefits at any time during the term of
their employment; but, only if the majority of the City Commission agrees.
Section 8: Termination and/or Cancellation
Either party shall have the right to terminate or cancel this agreement and the employment
contemplated hereby without cause at any time. If the Agreement shall be canceled or
terminated by Employer, such cancellation shall be effective immediately upon the delivery by
Employer of its notice of desire to terminate or cancel to employee. Employee shall likewise
have the right to cancel or terminate this agreement without cause by the delivery of a notice of
cancellation to the Employer, at least thirty (30) days prior to the effective date of such
cancellation or termination unless such written notice shall be waived by the Employer. In the
event of the termination or cancellation of employment by the Employer and during such time
that Employee is willing and able to perform duties under this agreement, then in that event,
Employer agrees to continue to pay salary and benefits for at least one hundred eight (180)
consecutive days from any preliminary written notice of termination. Employee shall also be
compensated for all earned personal leave, holidays and other accrued benefits to date. In the
event Employee is terminated because of conviction by a competent tribunal of any illegal act
constituting a misdemeanor involving a breach of public trust or a felony then, in that event,
Employer shall have no obligation to pay the aggregate severance sum designated above.
In the event Employer, at any time during the term of this agreement, reduces the salary or other
financial benefits of Employee in a greater percentage than an applicable across-the-board
reduction for all employees of the City, or in the event Employer refuses, following written
notice, to comply with any other provision benefiting Employee, or the Employee resigns
following a suggestion, whether formal or informal, by the City Commission that she resign,
then, in that event, Employee may, at her option, be deemed to be "terminated" at the date of
such reduction or such refusal to comply within the meaning and context of the herein severance
pay provision.
The City may terminate the employment of the City Clerk hereunder without cause provided that
any termination or removal of the City Clerk shall be in accordance with the provision of the
City Charter. In such event, the City Clerk shall continue to be paid her salary and benefits for at
least one hundred eight (180) consecutive days from any preliminary written notice of
termination without cause.
Section 9: Disability
If Employee is permanently disabled or is otherwise unable to perform her duties because of
sickness, accident, injury, mental incapacity or health for a period of four successive weeks
beyond any accrued leave, Employer shall have the option to terminate employment of the
Employee, subject to the severance pay requirements of Section 8 and the Family Medical Leave
Act.
Section 10: Indemnification
In addition to that required under state and local law, Employer shall defend, save harmless, and
indemnify Employee against any tort, professional liability claim or demand or other legal
action, whether groundless or otherwise, arising out of an alleged act or omission occurring in
the performance of Employee's duties as City Clerk, provided any such act or omission by the
City Clerk is not intentional and was performed in the course and within the scope of her official
duties. Employer will compromise and settle and such claim or suit or pay the amount of any
settlement or judgment rendered thereon.
Section 11: Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee under
any law or ordinance.
Section 12: General Provisions
If any provision, or any portion thereof, contained within this resolution is held unconstitutional,
invalid or unenforceable, the remainder of the resolution, or portions thereof, shall be deemed
severable, shall not be affected, and shall remain in full force and effect.
Section 13: Effective Date
This Resolution shall take effect October 11, 2004 upon its final passage and adoption.
PASSED by the City Commission this 27th day of September 2004.
ATTEST:
Jim Ha on
Interi City Clerk
Approved as to form and correctness:
lan C. J h n, Esquire
City At ey
I hereby accept employment as the City Clerk for the City of Atlantic Beach under the foregoing
provisions.
U~Y 9/29/04G~y7/K~. /'
Donna Bussey Date