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06/02/1997CITY COMMISSION SPECIAL MEETING CITY OF CLEARWATER June 2, 1997 Present: Rita Garvey Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Karen Seel Commissioner Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager Bob Keller Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Gwen Legters 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. 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 regarding relocation. 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. 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.