M E M O R A N D U M
To: Honorable Mayor and Town Council
From: Mayor Peggy R. Bell
Date: November 18, 2015
Re: Proposed Amendment to Town Manager’s Employment Agreement
REQUEST
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A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING AN AMENDED EMPLOYMENT AGREEMENT WITH THE TOWN MANAGER; AND PROVIDING FOR AN EFFECTIVE DATE.
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BACKGROUND AND ANALYSIS
In accordance with the May 20, 2015 Regular Town Council Meeting, the Charter Official Evaluations Forms were completed by each Council Member and submitted to the Town Clerk’s Office.
During our September 30, 2015 Town Council Workshop, I reported that the Town Manager’s performance evaluation which, included my fellow Council Members’ comments, were “excellent”. Each Council Members’ performance evaluations are on file in the Town Clerk’s office, for further review.
Since our Town Council Workshop, the Town Attorney’s Office has worked closely with Council Members regarding the Town Manager’s Employment Agreement, to allow the Town Manager to “cash-out” accrued vacation hours.
Please find below a summary of the items which, resulted in the specific changes to the Manager’s existing Employment Agreement:
Ø The Manager can cash-out up to 120 hours per fiscal year.
Ø The Manager can only cash-out those hours once per fiscal year and must do so before October 1st.
Ø The Manager must give 60 days notice of his intent to cash out the accrued vacation leave.
Ø If the Manager does not give 60 days notice, he does not get the leave.
Ø If the Manger cashes it out and then separates less than 60 days thereafter, it gets deducted from his paycheck or if his check is not enough to cover what he received, he will have an obligation to pay the Town within the timeframe requested by the Town.
Ø If the Town has to use the services of an attorney to recover payment of the accrued leave, he has to pay attorney’s fees as well.
As a result of the above summary points, the following Employment Agreement language was drafted by the Town Attorney’s Office, to be included as a new section in the Manager’s Employment Agreement (Section 6.4):
“The Manager shall be allowed to elect payment of accrued, unused vacation leave in lieu of time off to a maximum of one hundred and twenty (120) hours per year. Any such election may only be made once per fiscal year and must be made before October 1st of the new fiscal year. The Manager is prohibited from electing payment for any of his accrued, unused vacation leave less than sixty (60) days prior to his separation from the Town. In the event the Manager elects payment of his accrued, unused vacation leave less than sixty (60) days prior to his separation from the Town, the amount of any such payout shall be deducted from the Manager’s final paycheck. If the final paycheck is insufficient to cover the amount of the payout, the Manager will immediately reimburse the Town upon request, within the timeframe requested by the Town and, in the event that the Manager fails to reimburse the Town and the Town is required to obtain the services of any attorney to collect the sums owed by the Manager, any attorney's fees and court costs incurred by the Town in doing so will be added to the amounts owed by the Manager to the Town.”
RECOMMENDATION
It is recommended that the Town Council adopt the attached Resolution amending the Town Manager’s Employment Agreement.