THIRD AMENDMENT TO EMPLOYMENT AGREEMENT
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THIRD AMENDMENT TO EMPLOYMENT AGREEMENT
T is Thirc~ Amendment to Employment Agreement is entered into this \ 'S.l'
day of ov"(ntb-r ,2001, by and between the CITY OF CLEARWATER, FLORIDA
("CITY") and PAMELA AKIN ("Employee").
WHEREAS, City and Employee entered into an Employment Agreement on
August 30, 1994, to employ the services of the Employee to serve as City Attorney, and
said agreement was subsequently amended on August 28, 1997 and December 18,
1997; and
WHEREAS, it is the desire of the City and the Employee to change certain
benefits as originally provided in the Employment Agreement; now, therefore,
Section 1. Section 3, Termination and Severance of the Employment Agreement
between the City and the Employee as amended to read as follows:
Section 3, Termination and Severance Pay,
(a) The City specifically agrees that because the City Attorney is a fulHime
employee of the City, the sole remedy for any error, omission, negligence or the like of the
City Attorney is termination of empbyment, except as otherwise provided in the City's Code
of Ethics, whereby the City may recover any pecuniary benefits received by the Employee
because of the violation of said code.
(b) Employee agrees that because his continued employment as City Atbrney
is solely at the discretion of the City Commission, should employment be terminated by the
City Commission for any reason, Employee hereby expressly waives any right to seek
redress in any manner except as herein provided.
(c) Termination Without Cause. 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 Attorney and such termination is without cause, then in this event the City agrees to
pay Employee on the last day of employment:
1, A lump sum cash payment equal to six (6) months' aggregate salary
at the rate in effect at the time of termination plus one (1) month for each year of
employment beginning October 2001, not to exceed the total of six (6) addtional months.
(Aggregate salary shall include the base compensation of Employee and the City's
contribution to the Money Purchase Pension Plan. The City's Money Purchase Pension
Plan payments that are due shall be deposited with the appropriate fund Dr the benefit of
Employee.)
Employee,
2. All accumulated and unused general leave (as herein defined) of
(d) Termination of Employee's agreement by the City within the meaning of this
section shall mean any formal or informal action of the City Commission requesting that he
resign or dismissing him from his employment with the City. Employee may elect to treat
as termination of his employment by the City, within the meaning of this section of the
agreement, any other action of the City Commissi.:m which eliminates or reduces benefits
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to which Employee is entitled under this Employment Agreement, the City Charter, or the
City Code of Ordinances or the role of City Attorney as defined in the Charter, in a greater
percentage than an applicable across-the board reduction for other executive/managerial
personnel of the City whose purpose is to induce Employee to terminate employment with
the City.
(e) Termination Because of Illness or Injury, In the event Employee is
terminated by the City Commission or elects to resign his position because Employee is
beset with any chronic, debilitating illness or injury which prevents Employee from
undertaking or performing the responsibilities of the position of City Attorney, than in that
event the City Commission agrees to pay Employee on the last day of employment:
1. A lump sum cash payment equal to six (6) months' aggregate salary
at the rate in effect at the time of termination plus one (1) month for each year of
employment beginning October 2001, rot to exceed the total of six (6) additional months,
(Aggregate salary shall include the base compensation of Employee and the City's
contribution to the Money Purchase Pension Plan, The City's Money Purchase Pension
Plan contribution payments that are due shall be deposited with the appropriate fund for the
benefit of Employee).
2, All accumulated and unused general leave of Employee.
(f) Termination for Cause. In the event Employee is terminated by the City
Commission for proper and just cause, including but not limited to misfeasance,
malfeasance, neglect of duty, or conviction of a felony, Employee shall receive no
severance pay but shall be paid only for any accrued and unused general leave. Should
the City Commission terminate Employee for proper and just cause, then the City
Commission agrees upon request of Employee to appoint a hearing officer, mutually
acceptable to the City Commission and Employee. The hearing officer shall conduct a
hearing and issue findings of facts within 60 days of the termination, The City Commission
and Employee will be bound by the findings of fact. The City Commission will provide
Employee an opportunity to respond to the fact report at a public hearing,
(g) Voluntary ResiQnation. In the event Employee resigns to accept other
employment or for reasons other than those enumerated above, Employee shall not
receive any severance pay, but shall be paid for the accrued and unused general leave as
of the effective date of the resignation. Employee agreesto inform the City Commission in
writing of voluntary resignation and shall provide at least two months' notice in advance
unless Employee and City Commission otherwise agree.
(h) In the event of termination as set forth herein other than a voluntary
resignation pursuant to Paragraph (g) above, the City agrees to continue paying its
portion of medical insurance, including but not limited to, COBRA benefits for Employee
only, for a period not to exceed the severance period provided herein. In the event that
during such period Employee shall obtain other employment wherein such benefits are
paid, the City's obligation to continue paying such medical and other insurance shall
cease as of the effective date of such other insurance coverage or the end of the
severance period, whichever comes first.
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Section 2. Section 4, Paragraph C, Subsection 6, Salary, Retirement, Vehicle,
and Other Benefits, of the Employment Agreement between the City and the Employee
as amended is further amended as follows:
6, Employee shall be given "general leave" in lieu of vacation, sick leave, and
floating holidays at a rate of 35 days per year to be accrued biweekly beginning on October
19, 2001. Accumulation of general leave shall be capped at 90 days, When Employee
reaches the cap, the City Commission agrees to consider an increase to the cap or
buyback of leave,
Section 3. All other terms and conditions of the Employment Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the City and the Employee have executed this
Amendment on the date first above written.
CITY OF CLEARWATER, FLORIDA
By:
Approved as to form: Attest:
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Assistant City Attorney
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Pamela K. Akin