AMENDMENT TO EMPLOYMENT AGREEMENT
I
I
L~(
. (~ /ro/:"o,/
"/ # .
":t!~'-t'b (~)
of the City Commission to lermin1t:~ the servic~~s of Employee at Jn)' time in accordance with the
applicable provisions of the City Charter.
ii. Nuthing in liIi,) agreement sh:.lii prL:ven:, jimit, or otherWlse Interfere ",vim t11~ right
of Employee to resign at any time,
C. Nothing in this agreement shall be :;o:1~lrued to establish a r;x~d ~i.mc or fixed term
of office,
Section 3. TerminatiQ.n and Sevcram;!~_-'~m:
A. In the event Employee is terminal~d by lh~ Cily Commission during such time thot
Employee is willing and able to perform the duties of CilY Manager, then in L1at event L1C City
agrees to pay Employee on the last day of her employmenL A lump sum cash payment equal to three
(3) months aggregate salary~ all accumulated and unus~d v<.ic3tion time :md flDJting holidays of me
employee. The City will provide professional OUl pla~ement services up to a maximum e..xpelE"
equivalent to one month of employee"s salary,
1. ~~.-e~t-fe--t;:'~Gt :15 le-t'tl~!nrh.~1lCm.-hJ'--thc C::y.
willlin I.
~
.ti-r\gRerncnt. 11.1)' rermai -ur~lat-fr~th:t~
&f-~!y-tommi5<linR reques:ing-lhu!-~ign""hlH~'.<>lOO-mfiillH'f-ille-Gl~
Commi5'iaR ",hose'i"''l'8S' is 10 ,lirnit~'-f~~~~"'-"
~r~rng9Iive' Ie w";elHl_F.fll~leyee is oRlilk<l-tmder-lh~ffi!'k",mem--,\~
~rf-Gf~jAane~s er the--5ftHUs--f'f-f~~-(;ii.~egef--.;5
~",~~I()-;ndlj"&lh,,-+:il~,lI1og<'f-('Hermil1il!<"
~lt-wiGt-t:h~'-G~ Tt'nnina:ion ({ lht~ EmpinYLc's ('l!lf,'uymc.'11 hy rh(~
City within the mean.ing oj"- Seetin,., 3A {~l {his ..(~rf't'molf siu;Jl 71lt'a:: any j()fnwl actIon.
b~v the City COfTU1li~.'iion requ/:!.,'{ing rho! silt' resign er JiJmi.s5ing h!'r from ht'r
employment \\'ir}z llu~ City. 77re Employee may ('leef to treal a5 tenninarion oj lrt'r
employment by the Ciry H.'lenin rht~ meanilI? ofSt!crion 3,,1 oI:hi.r Agreemt'nt an)' other
action of the Cif)' Commission which r:'liminl1les or rc'(Juces an_.... oj The benefits or
prerogali~'es j(} which The Employee is entitled ufuler /his Emp/()yn:nrt Agrct!rzem, rhr
Cil)' Chaner, or rh~' City Cod( ,?f Ordillu!Zces or lire SlaWS ,)r rol:.: of /he Cft}
Manager as defined in rlre Charter, or whose purpose is 10 indua the Employeero
renninule her employmenr v./i/h lire C;(v.
2. In me evenl th:3t Employee is hesct with any chrvni.::. debilitating illr:es.5 or injury
which prevents Employee from undertaking or p~rforming her responsibilities, !.hen.
in that e....em. the Employee may resign her position wilh payment of sever~mc.: pJY
equivalent to three (3) months' aggregate salary and 01\ ~ccurr.u:ated ,nd unused
-2-
I _ . .-:;
, , '
i _' - ~ > .
,
, ". .-. ...-
/')0 ~ ,-]; - .I1..~/~ C
v, c/.' ..J~'
(:JJ
J;>rinted from MCC10B,94 (27-Aug-96)
==========================1=============
I
ITEM #34 - Other Commission Action
a) City Attorney Evaluation - no action required - for record only
b) City Manager Evaluation Report
The Mayor stated all Commissioners met with the City Manager
regarding her evaluation. She wished to clarify a newspaper article.
felt she needed to better communicate with Ms. Deptula, not the other
around as she was quoted as saying. Commissioner Thomas said he was
quoted in the article even though he did not speak to a reporter.
She
way
The Mayor felt Ms. Deptula accomplished every listed goal exceedingly
well and has done an excellent job, She indicated the City Manager's
response has been so timely she has suggested she slow down, Mayor Garvey
complimented the team approach Ms, Deptula has adopted,
Commissioner Thomas concurred with Mayor Garvey and stated Ms,
Deptula is the finest city manager he has ever observed. He suggested she
still has room to grow but felt her greatest attribute is the way she is
performance driven and manages people without being ego driven, He
indicated he gave her the lowest marks in the goals she established for FY
1994/95, He said he has spoken to her since he became a member of the
Commission about his desire to incorporate profit sharing and bonus driven
goals, He expected her to provide a plan to financially reward staff for
doing a good job. He felt government employees are pension and benefit
driven and suggested a need for financial compensation,
commissioner Berfield observed it was difficult to identify any
negatives about the City Manager. She agreed with the self-performance
review Ms, Deptula completed except Commissioner Berfield suggested Ms,
Deptula's performance on one item was "Outstanding" instead of "Highly
Successful," She agreed employee morale is difficult to address during
contract negotiations. Commissioner Berfield said City staff respects the
City Manager and noted how she and the staff are up to date on State laws
and code provisions. She felt the idea for a controller for certain
departments was a good one. She expressed concerns regarding the City
Commission'S long agendas. Commissioner Berfield said Ms. Deptula has
done well.
Commissioner Fitzgerald rated the City Manager's overall performance
as "Highly Successful," He stated Ms, Deptula'S strongest point is in
budgeting. He noted her willingness to work long and hard has benefitted
the City, He felt Ms. Deptula'S weakest point is her limited experience
as a city manager and noted she was still in a learning mode,
Commissioner Fitzgerald indicated Ms, Deptula was successfully adjusting
, from administration to management,
, I
I
Commissioner Deegan reviewed the review's four sections, On goals,
he rated her as "Highly Successful." As a first effort, he noted some
goals lacked specific yardsticks, Commissioner Deegan rated Ms, Deptula's
completion of duties as "Highly Successful," He complimented her
budgeting ability but suggested she will be more successful, not relying
on others as she becomes more experienced. On behavior, he rated her as "
Outstanding" for her successful leadership and team work. On Personal
Development, he rated her as "Outstanding" and noted there was no plan for
this year. He indicated next year more work will be needed for this goal
as benchmarks are established. He requested increased follow-up and a
closer review on memorandums before they are sent to Commission members,
On a scale of one to five, Commissioner Deegan rated Ms, Deptula's
performance as 4,2, between Highly Successful and Outstanding.
Commissioner Deegan felt the City was fortunate to have Ms. Deptula
as the City Manager and wished her well, Mayor Garvey looked forward to
many more years.
The City Manager related her appreciation for Commission members
meeting individually with her and providing input, She noted not all
comments were positive, She stated her success was due to her staff, Ms,
Deptula noted it has been a good year, Juggling five bosses was more
difficult than she had anticipated but she does enjoy it, She stated she
does not want to be anywhere but City Manager of Clearwater, She reported
her Personal Development Plan included more contact with city manager
organizations to learn new trends and computer literacy training.
Commissioner Deegan stated he was very satisfied with Ms, Deptula's
performance.
Ms. Deptula explained when the City recently negotiated the contract
with the City Attorney, the definition of termination and severance pay
was changed, She distributed a copy of Section 3(A) (I) from her contract
that include modifications in compliance with the City Attorney's contract
The Mayor concurred with Ms, Deptula's praise for City staff,
Commissioner Thomas questioned if the modifications include the same
language as the City Attorney's contract, The City Manager indicated they
did,
Mayor Garvey recommended completing the evaluation tonight and
continuing the salary negotiations to a later meeting. Commissioner
Deegan stated he was not prepared to discuss compensation tonight,
Commissioner Thomas moved to amend Section 3
contract regarding termination and severance pay.
seconded and carried unanimously.
of the City Manager's
The motion was duly
Consensus was to discuss the City Manager's goals and compensation at
the October 17, 1994 Commission meeting,
I
J