AGREEMENT TO SERVE AS CITY MANAGER (5)
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CITY MANAGER
EMPLOYMENT CONTRACT
THIS AGREEMENT made and entered into this n'+"^- day of October, A.D. 1996,
by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
called "City," as Party of the First Part, and ELIZABETH M. DEPTULA, hereinafter called
"Employee," as Party of the Second Part,
WITNESSETH:
WHEREAS, the City employed the services of said Employee in a public meeting on
April 4, 1994, to serve as City Manager; and
WHEREAS, it is the desire of the City Commission to provide certain benefits, establish
certain conditions of employment, and set working conditions of said Employee; and
WHEREAS, it is the desire of the City Commission (1) to secure and retain the services
of Employee and to provide inducement for her to remain in such employment (2) to make
possible full work productivity by assuring Employee's morale and peace of mind with respect
to future security, (3) to act as deterrent against malfeasance or dishonesty for personal gain on
the part of the Employee, and (4) to provide ajust means for terminating Employee's services;
and
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
Section 1. Duties and ResDonsibilities
A. Employee agrees to serve as City Manager of Clearwater and to fulfill the duties
of that office as set forth in the City Code and City Charter.
B. Employee agrees to remain in the exclusive employ of the City and shall not
engage in any other employment or business activity, without specific prior approval of the City
Commission.
Section 2. Tenn
A. 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 in accordance with
the applicable provisions of the City Charter.
B. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right
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of Employee to resign at any time.
C. Nothing in this agreement shall be construed to establish a fixed time or fixed
term of office.
Section 3. Termination and Severance Pav
A. In the event Employee is terminated by the City Commission during such time that
Employee is willing and able to perform the duties of city Manager, then in that event the City
agrees to pay Employee on the last day of her employment: A lump sum cash payment equal
to three (3) months aggregate salary; all accumulated and unused vacation time and floating
holidays of the employee. The City will provide professional out placement services up to a
maximum expense equivalent to one month of the employee's salary,
1. Termination of the Employee's employment by the City within the meaning of
Section 3A of this Agreement shall mean any formal action by the City
Commission requesting that she resign or dismissing her from her employment
with the City. The Employee may elect to treat as termination of her
employment by the City within the meaning of Section 3A of this Agreement any
other action of the City Commission which eliminates or reduces any of the
benefits or prerogatives to which the Employee is entitled under this Employment
Agreement, the City Charter, or the City Code of Ordinances or the status or role
of the City Manager as defined in the Charter, or whose purpose is to induce the
Employee to terminate her employment with the City.
2. In the event that Employee is beset with any chronic, debilitating illness or injury
which prevents Employee from undertaking or performing her responsibilities,
then, in that event, the Employee may resign her position with payment of
severance pay equivalent to three (3) months' aggregate salary and all
accumulated and unused vacation time, floating holidays as of the date of
termination.
3. Aggregate salary as used in this section shall include the compensation and
retirement provided for in Section 4, A and C,
B. In the event Employee is terminated because of conviction of any illegal act
involving personal gain to herself or conviction of a felony, City shall have no obligation to pay
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the aggregate severance benefits described in Section 3 A.
C. City specifically agrees that, because City Manager is a full-time employee of the
City, its sole remedy for any error, omission, negligence, or the like of the City Manager is
termination of her employment.
D. In the event Employee voluntarily resigns her position with the City, then
Employee shall inform the City in writing and shall give the City two (2) month's notice in
advance, unless the parties otherwise agree.
E. This Agreement shall be terminated by the death of the EMPLOYEE as of the
date of death. In the event of the Employee's death, the CITY shall pay a designated beneficiary
of the EMPLOYEE or her estate all accrued compensation due EMPLOYEE under this
Agreement within ten (10) working days of the EMPLOYEE's death.
Section 4. Salarv. Retirement. Vehicle. and Other Benefits
A. City agrees to pay Employee for her services pursuant hereto an annual base
salary of $89,888.24 made payable in bi-weekly installments, beginning October I, 1996 with
a review of salary and benefits annually in October each year thereafter.
B. Employee continues to be covered by the Employee's Pension Plan.
C. City agrees to contribute an amount equal to six percent (6%) of Employee's
annual base salary to the City sponsored deferred compensation program.
D. Employee shall be provided a $400 per month local area car allowance with all
operating and insurance costs to be borne by employee. In the event Employee travels outside
a local radius of 100 miles on official City business, she shall be reimbursed the same rate as
all other employees.
E. City agrees to provide Employee other and additional employment benefits
enjoyed by other City SAMP employees, including but not limited to such benefits as holiday
and vacation leave; and health, hospitalization, life and accident insurance, except that Employee
will no longer accumulate additional sick leave hours.
F. City agrees to pay Employee upon her retirement one-half of the 1,271.4
accumulated sick leave hours as calculated for pay period ending April 30, 1994. If sick leave
surpasses 10 days in anyone year, the Employee agrees to charge the additional hours to the
accumulated balance.
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G. At the Employee's option, on the first pay period in December of each year, the
City agrees to pay up to seven (7) days of the employee's accumulated vacation days.
H. City agrees to budget and pay the dues and subscriptions of Employee necessary
for fuII participation in national, regional, state, and local associations and organizations
necessary and desirable for the good of the City.
I. City hereby agrees to budget and pay the travel and subsistence expenses of
Employee for professional and official travel.
J. In accord with the City Charter, the Employee shall establish residency within the
City within one year of appointment to the City Manager position. The City shall pay all direct
moving expenses related to the moving and relocation of the Employee's family.
Section 5. Perfonnance Evaluation
A. The City shall review and evaluate the performance of the Employee at least once
annually in accord with City Charter provisions. Said review and evaluation shall be in
accordance with specific criteria developed jointly by the City and the Employee. Said criteria
may be added or deleted as the City may from time to time determine, in consultation with the
Employee. Further, the City Commission shall provide the employee with a written summary
of the findings of the evaluation and shall provide for the employee to discuss the evaluation
with the City Commission.
F. Annually, the City Commission and Employee shall define such goals and
performance objectives that they determine necessary for the proper operation of the City and
in the attainment of the City Commission's policy objectives and shall further establish a relative
priority among those various goals and objectives, said goals and objectives to be reduced to
writing. They shall generally be attainable within the time limitations as specified and the
annual operating and capital budgets and appropriations provided.
C. In effecting the provisions of this section, the City Commission, City, and
Employee mutually agree to abide by the provisions of applicable law.
Section 6. Other Tenus and Conditions of Emolovrnent
A. The City Commission shall fix any such other terms and conditions of
employment, as it may determine from time to time, relating to the performance of Employee,
provided such terms and conditions are not inconsistent with or in conflict with the provisions
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of this agreement, or the City Charter, or any other law.
Section 7. General Provisions
A. The members of the City Commission and the City Manager agree to work in a
spirit of open communication and cooperation, in an atmosphere of mutual trust and support to
attain shared goals.
B. The language of the City Charter with regard to the powers and duties of City
Manager is incorporated herein by reference. The text herein, including the aforesaid provision
of the City Charter and City Code, shall constitute the entire agreement between parties.
C. This Employment Agreement shall become effective as of October 1, 1996, and
shall inure to the benefit of the Employee and the executors and the heirs at law of the
Employee.
D. If any provision, or any portion thereof, contained in this Agreement is held to
be unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion
thereof, shall be deemed severable, shall not be affected, and shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties below have caused this Agreement to be
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duly executed this 9 day of Ne'lember, 1996.
ATTEST:
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City <lJlerk
CITY OF CLEARWATER, FLORIDA
By: k
Eli e M. ptula, City Manager
Approved as to form and correctness:
Countersigned:
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City Attorney
BYt&~
Mayo~Commissioner
WITNESSES:
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Pripted from MCC10B.94 (27-Aug-96)
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ITEM #34 - Other Commission Action
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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
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of tile City Commission to termin3tc tile services of Employee at any tirre in accordance wi!h the
applicable provisions of !he City Charler,
Il. No!hing in liIi; agreement snail prevent. iimit, or OIMrwlse Interfere with L,e right
of Employee to resign at any lime,
C, No!hing in this agreement shJII he conslnled 10 establish a roxed time or fixed :"rm
of office.
Section 3. Termination and Severance Pax
A, In !he event Employee is terminated by the City Commission during such time that
Employee is willing and able to perform !he duties of Cicy Manager, then in thaI event L,e City
agrees to pay Employee on the last day of her employment: ^ lump sum cash payment equal to three
(3) mon!hs aggregate salary; all accumulated and unused vacation time and floating holidays of the
employee. The City will provide professional out plaoement services up to a maximum e'pen"
equivalent to one month of employee' 5 salary,
I. ~~leetls ";01 0: l;rmiflelffi,.t-i}f-*,r.,ml'h.')'fflC~
willlin l"~ meaninj; ef SeetieA 3A sf Illi, .\g"em~Al. &fl) iarmal ar ;Aier~K'"
et-~~emmis,;i"A reljues:;ng !hat SA~ resign,-i>f-ill~lffifI-of lIIe Ct:,
Cemmissi"A 'I.llese puFf'ss, is te <!;miABI~ dr "a~'~ en, df !l1c !l~A~filS Yo
~ruBgali'ICs te .\hich the Empley<e is 'Ali~....dzr H,is EA1P"-'rm~A: '\oL"'A1e'f>!c
Ch Elrter , er CSSl (.f.--.G<<iiflaAe~3 Sf lhe---stftltlS .x rei.: Jf lhe--tii.;Meft~
~~oHOO'k.'e-\he eil) \lilflilgff~
hef......e.m~leymlRt v. ilit 1hz: City _ Tc'nnina:ion of the Empio:.er.' 's eT."lp,'c.\"TlIenl by Ih(~
at)' within the m~aning ofSf!c!in.1 3...4 (~fthjs "',~rrrm{nr shcIl mean an.vjorml1111crio....
by the City Commission requesti!!g thai .'.ht' rC.'i(~n or Jismi\sinx her from her
employment with Ihe City, TI.e Emplovee may elect 10 treal a.< tem,ination oj her
employment by the CiO}' within Ih,' meaning oj Section 3,.1 of this Agreement any /lIher
aaion of Ihe Cif)' Cmnmission which eliminates or reduc<s any oj the benefits or
prirogari\'es to which rht Employee is enrirltd under this Err.pID.\'f1:I'nl ARr~fmen:. /hr
Ciry Chaner. or Ihe City Code .?f Ordillolllces or the status or role of rhe Cil}
Manager as defined in Ihe Chaner. or whose purpose is 10 induce the EI1'.plo)'u to
renninare Irer employment with the eit.v.
2, In the event that Employ<e is beset with any ch"mic. debililating il:ness or inju')'
which prevents Employee from underlaking or performing her responsibilities, then,
in ll1at c"ent. ll1e Employee may resign her position will1 payment of s."erance pay
equivalent to three (3) monll1s' aggregal< sallry and all accumulated and unused
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fr0~ administration to management.
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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 II
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.
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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) (1) 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
" tQ~ October 17, 1994 Commission meeting.
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