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ADDENDUM TO EMPLOYMENT LETTERHuman Resources Department Ms. Jennifer Poirrier 6787 Augusta Blvd Seminole, FL 33777 Ms. Jennifer Poirrier: CITY OF CLEARWATER HUMAN RESOURCES, POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL. SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4870 FAX (727) 562-4877 October 1, 2022 Recognizing the importance for unclassified (exempt) employees to have a clear understanding of the nature of their employment relationship with the City, this Employment Agreement Letter is intended to relate to you the conditions of employment, the provision of benefits, and the working conditions as Assistant City Manager. It is intended to provide an inducement for you to remain in employment with the City, to make possible your full work productivity by assuring morale and peace of mind with respect to future security, to act as a deterrent against malfeasance or dishonesty for personal gain, and to define the various proper means for severing the employment relationship, whether by you or the City, in a fair and equitable manner. This Employment Agreement Letter is effective October 1, 2022. It is agreed by the undersigned that your employment relationship with the City includes the terms, duties and responsibilities, salary, benefits, and conditions for termination and severance pay which are listed below: 1. Term: a. The position of Assistant City Manager is unclassified and is exempt from the City's civil service program and the Assistant City Manager serves at the pleasure of the City Manager as a condition of employment; however, this Employment Agreement Letter is intended to establish reasonable employment provisions to which the City Manager and Employee both agree. b. Nothing in this Employment Agreement Letter shall be construed to establish a fixed time or fixed term of appointment. Mark Bunker, Councilmember Kathleen Beckman, Councilmember Frank Hibbard, Mayor David Allbritton, Councilnember Lina Teixeira, Councilmember "Equal Employment and Affirmative Action Employer" Page 2 October 1, 2022 c. Nothing in this Employment Agreement Letter shall prevent, limit, or otherwise interfere with the right of the City Manager to terminate the services of the Employee at any time in accordance with the applicable provisions of this Employment Agreement Letter. d. Nothing in this Employment Agreement Letter shall prevent, limit, or otherwise interfere with the right of the Employee to resign at any time subject to the provisions set forth in this Employment Agreement Letter. 2. Duties and Responsibilities: a. Employee agrees to perform the duties of the position Assistant City Manager as have been discussed by the Employee and the City Manager or his/her designee, and it is understood that such duties and responsibilities may change from time to time. b. Employee agrees to remain in the exclusive employ of the City and shall not engage in other employment or professional or business activity without the specific prior written approval of the City Manager. c. Employee agrees to continually provide his/her best efforts to efficiently and effectively perform his/her duties in a professional manner, uphold City regulations and policies, support the Council -Manager form of government as expressed through City Charter of the City of Clearwater, and abide by ethical standards of conduct, including the City's Code of Ethics. 3. Salary: a. Employee's annual base salary will be $170,000.00, which is to be paid in prorated biweekly amounts. This base salary shall continue until such time as any adjustment is made pursuant to the provisions of this Employment Agreement Letter. b. Salary shall be reviewed from time to time by the City Manager and may be adjusted as in his/her judgment is appropriate and consistent with the provisions of pay administration policies applicable to unclassified managerial positions which have been established by the City Manager and/or City Commission, subject to the availability of funds for such purpose in the City's annual operating budget. c. Employee will be covered by federal Social Security. Page 3 October 1, 2022 d. The Employee shall participate in the Money Purchase Pension Plan (401A Plan) as provided in Ordinance 6180-97 adopted August 21, 1997, as may be amended by the City Commission from time to time. 4. Benefits—Employee will be provided with the following: a. Coverage under the City's hospitalization and major medical program with the City paying the cost for the Employee coverage. This program may, at times, have multiple plan options for the Employee. Employee may include dependent coverage under the program at the City employee group rate if desired and subject to such limitations and available options as are provided in such program. Any other insurance program available to employees of the executive/managerial group as a whole shall apply to the Employee. b. Employee will accrue sick leave at the rate of .0385 hours of sick leave on an hourly basis (the equivalent of ten days per year) or such other rate as may be amended and/or adopted for executive/managerial personnel as a group until a maximum of 1040 hours is reached. Thereafter, the Employee shall no longer accrue sick leave, except as may be provided below. Should sick leave be allowed to accrue as provided below, accrual will be at the rate of .0385 hours of sick leave on an hourly basis. Employee's sick leave bank will not be debited for an absence of less than one (1) day except when sick time absences of partial days are utilized on consecutive workdays; any absences due to sick leave usage (personal and family) of one (1) day or more shall be debited to the Employee's sick leave bank. After Employee reaches his/her sick leave cap, Employee thereafter will not be charged for the first ten (10) days of sick leave (personal and family) used each calendar year. Sick leave used in excess of ten (10) days in the calendar year shall be debited to the Employee's sick leave bank. The Employee shall not accrue sick leave to replace that debited amount, except as provided below. In the event that a major illness or injury results in the Employee's continuous absence for a period in excess of sixty (60) days, upon the Employee's return to work, the City Manager may, at his/her sole discretion, authorize the Employee's sick leave accrual to recommence. Because of the provisions in the paragraphs above, Employee does not participate in the City's sick leave incentive program. Page 4 October 1, 2022 c. Employee will accrue and utilize vacation consistent with the provisions and limitations provided to the SAMP employee group of the City. d. Employee will be eligible to participate in the City's Tuition Refund Program consistent with the level of benefit provided to other executive/managerial employees as a group. e. Employee will be provided with fourteen (14) paid holidays each year taken in accordance with practices utilized for other executive/managerial personnel (typically consistent with the holidays provided in the collective bargaining agreement with the general employee group). f. If any of the benefits referred to above are modified for the members of the executive/managerial group of employees of the City as a whole, then such modifications will apply to the undersigned Employee. 5. Indemnification: The City shall indemnify, defend, and hold harmless Employee as provided in Chapter 2, Article 2, Clearwater Code of Ordinances. 6. Termination and Severance Pay: a. Termination Without Cause. In the event Employee is terminated by the City Manager during such time that Employee is willing and able to perform the duties of Assistant City Manager and such termination is without cause, then, in this event, the City Manager agrees to pay the Employee on the last day of employment: 1. A lump sum cash payment equal to four (4) months' aggregate salary. (Aggregate salary shall include the base compensation of the Employee and pension or 401A, as appropriate. 401A compensation payments that are due shall be deposited with the appropriate fund for the benefit of the employee.) 2. All accumulated and unused vacation time of the employee. 3. All accumulated and unused floating holidays of the employee. 4. Six months of outplacement services with an optional two-month extension if recommended by the provider and approved by the City. Page 5 October 1, 2022 Further, the City Manager agrees that the City will pay the cost for the employee's continued personal coverage under the City's major medical and hospitalization program or alternative HMO program, where applicable and available through the City, for the first four (4) months after Employee's termination. (This provision relates to the continuation of the employee's personal coverage under COBRA.) Termination without cause shall include any formal or informal action of the City Manager requesting that the Employee resign or any other action of the City Manager whose purpose is to eliminate or reduce any of the benefits or prerogatives to which the Employee is entitled under this Employment Agreement Letter, in a greater percentage than an applicable across-the-board reduction for other executive/managerial personnel of the City; or an action to reduce the status or role of the Employee as contemplated herein or whose purpose is to induce the Employee to terminate employment with the City (except that basic reorganization and/or consolidation of departmental/divisional functions without a change in pay or benefits of the Employee shall not be deemed a reduction in status or role of the Employee as herein contemplated). b. Termination Because of Illness/Iniurv. In the event the Employee is terminated by the City Manager because the Employee is beset with any chronic debilitating illness or injury which prevents employee from undertaking or performing Employee's responsibilities, then, in that event, the City Manager agrees to pay the Employee on the last day of employment: 1. A lump sum cash payment equal to four (4) months' aggregate salary. 2. All accumulated and unused vacation time of the employee. 3. All accumulated and unused floating holidays of the employee. 4. Payment for all accumulated and unused sick leave at the time of termination. Further, the City Manager agrees that the City will pay the cost of the Employee's continuing personal coverage under the City's major medical and hospitalization program or alternative HMO program, where applicable and available through the City, for the first four (4) months after the employee's termination. (This provision relates to the continuation of the employee's personal coverage under COBRA.) Page 6 October 1, 2022 c. Termination for Cause. In the event the Employee is terminated by the City Manager for cause, the Employee shall receive no severance pay but shall be paid only for any accrued and unused vacation leave and floating holidays. d. Retirement. In the event the Employee retires under provisions of federal Social Security or under provisions of the Deferred Compensation Program (provided the Employee has completed twenty-five years of service and be at least age 60 or ten years of service and be at least age 65), the Employee thereupon shall be paid for all accumulated and unused vacation leave and floating holidays and shall have the option to utilize one-half of the Employee's accrued and unused sick leave to extend his/her retirement date or to be paid in a lump sum payment for one-half of the Employee's accrued and unused sick leave. e. Voluntary Resignation. In the event the Employee resigns to seek or to accept other employment or for reasons other than those enumerated in "a" through "d" above, and such resignation is accepted by the City Manager, the Employee shall continue in his/her employment with all pay and benefits until the effective resignation date unless the Employee subsequently elects to amend that resignation date to an earlier time or the Employee is placed on administrative leave with pay as hereinafter provided. The parties agree that it is reasonable that in no event shall the City Manager accept a resignation more than six (6) months in advance. Employee agrees to inform the City Manager in writing of a voluntary resignation and shall provide at least thirty (30) days' notice in advance unless the Employee and City Manager otherwise agree. 1. In the event of a resignation as provided in this subsection, the Employee shall not receive any severance pay nor sick leave pay but shall be paid for any accrued and unused vacation leave and floating holidays as of the effective date of the resignation. 2. Should the City Manager, after having accepted Employee's resignation for voluntary reasons as contemplated in this subsection and while said Employee is willing and able to continue to work as Assistant City Manager, determine that it is not in the best interest of the City for the Employee to continue actively in the job, then the City Manager may place the Employee on administrative leave, said leave to commence with the City Manager's determination as herein referenced and continuing to the effective and approved resignation date, during which time the Employee shall continue to receive his aggregate salary and regular benefits. Page 7 October 1, 2022 If the Employee accepts and begins other full-time employment in a job with generally comparable duties and responsibilities or pay prior to the approved effective date of the Employee's resignation as originally submitted and accepted, then the Employee agrees to notify the City Manager and agrees that the resignation shall be amended to become effective as of the date of such new employment. Notwithstanding the above provisions, termination for cause may supersede the voluntary resignation provisions where the actions of the Employee that demonstrate cause occur after the acceptance of the resignation; and, in that event, provisions of paragraph "c" shall apply. If this Employment Agreement Letter confirming your employment relationship with the City is satisfactory to you, including the acknowledgment of your status as an unclassified employee and the provisions herein relating to term, duties and responsibilities, salary, benefits, and termination and severance pay, please sign below as Employee and return a signed and dated copy of this Employment Agreement Letter to me. Page 8 October 1, 2022 Approved as to form: Attest: David Margolis City Attorney CITY OF CLEARWATER, FLORIDA By: .64 0:"? . C L-:(-3 Jon Jennings City Manager bi_uvtAA(t, Giva Rosemarie CaII City Clerk EMPLOYEE ACKNOWLEDGEMENT AND ACCEPTANCE: Jennifer Poirrier 91-Qcid g Date Signed