06/02/1997 (2)
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CITY COMMISSION SPECIAL MEETING
CITY OF CLEARWATER
June 2, 1 997
Present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seel
Elizabeth M. Deptula
Kathy S. Rice
Bob Keller
Pamela K. Akin
Cynthia E. Goudeau
Gwen Legters
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the special meeting to order at 1 :02 p.m. at City Hall. The
purpose of the meeting was to approve the employment agreement for City Manager
candidate Michael J. Roberto.
City Attorney Akin stated she negotiated the. proposed agreement, which contains
significant provisions. Reviewing a page-by-page summary of the agreement, she
highlighted the standard no term of office provision, compensation, termination for cause,
and severance issues. She said Mr. Roberto wished to establish what does and does not
constitute cause, to clarify the issue for subsequent City Commissions. Ms. Akin
suggested specific language to define cause for termination without severance. Definitions
of malfeasance and misfeasance were given. She noted cause for termination without
severance would not include being disliked by the Commissioners.
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Lengthy discussion ensued regarding termination and severance issues. Ms. Akin
responded to questions. Mr. Roberto has proposed, if a dispute should arise regarding
whether or not severance should be paid, a hearing officer would determine whether
termination was for cause. This action is a quicker and easier alternative to going to court.
The decision to terminate would rest with the City Commission. Discussion ensued
regarding the time frame and circumstances under which such action could occur, and how
the agreement differs from Ms. Deptula's and Ms. Akin's contracts.
Ms. Akin highlighted pension and retirement issues. She noted the agreement
ensures the City would negotiate, in good faith, an alternative method of benefit if the plan
should be found discriminatory or unlawful. An actuary has indicated the plan outlined in
the agreement should pass the test.
Discussion ensued regal'dingrelocation. Ms. Akin said Mr. Roberto may have an
. offer on his house and may relocate sooner than expected. It was suggested transferring
some of the $10,000 housing allocation to pay added moving or storage costs he may
incur while he looks for a house in Clearwater. The total would not exceed the maximum
$15,000 relocation allowance.
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The Mayor objected to approving the contract without having had time to read it in
detail~ and reiterated concerns regarding hearing officer determination of termination for
cause. Ms. Akin responded the document had come off the printer immediately prior to
today's meeting. She reiterated that personality differences between a City Manager and
Commissioners has never been considered termination for cause. Mr. Roberto has agreed
to the contract and a signed copy will be forwarded to the City. Ms. Akin did not feel
Commission approval could wait until Thursday, because Mr. Roberto needed to interact
with the North Miami Beach Commission at their meeting tomorrow. Consensus of the
Commissioners was to accept the City Attorney's assurance the agreement is in order, and
. move ahead with hiring Mr. Roberto as City Manager.
Commissioner Johnson moved to approve the contract as submitted. The motion
was duly seconded.' The Mayor reiterated she was opposed to voting on the contract
before reading it. Upon the vote being taken, Commissioners Johnson, Clark, Hooper and
Seel voted "Aye"; Mayor Garvey voted "Nay." Motion carried.
The special meeting adjourned at 1 :29 p.m.
ATTEST: ~2 ~nv"
'.' , '. City Clerk
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