Ord. No. 19-06-1887ORDINANCE NO. 19-06-1887
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS;
APPROVING AN EMPL YMENT CONTRACT BETWEEN THE CITY OF
SOUTH MIAMI AND T E CITY MANAGER; PROVIDING FOR TERMS
AND CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of South Miami following a comprehensive search selected Yvonne
McKinley to serve as City Manager; and
WHEREAS, the City Attorney and Ms. McKinley have successfully negotiated a proposed
employment contract, which is attached to this ordinance as app. 1; and
WHEREAS, the Mayor and City Commission desire to approve this contract
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The employment contract between the City of South Miami and Yvonne
McKinley which is attached to this ordinance is approved. The City Manager is authorized to
exercise this contract on behalf of the City.
Section 2. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this $'day of44,2006.
ATTEST:
JY2--
CLERK
APPROVED:
I/Cb ku n
x
MAYOR
1St Reading - 7/25/06
2"d Reading - 8/15/ 0 6
ZREA P AS TO FORM:
Luis �7FIigu,��r ,
Nag' ueredo, P.A.
Office of city Attorney
COMMISSION VOTE: 3 -2
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Birts:
Yea
Commissioner Palmer:
Nay
Commissioner Beckman:
Nay
Additions shown by underlining and deletions shown by
EMPLOYMENT AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI
AND
WONNE SOLER- MCKINLEY
This Agreement is made and entered into this '2;�, day of August, 2006, by and
between the City of South Miami (hereinafter, "City ") and Ms. Yvonne Soler- McKinley
(hereinafter, "City Manager"), which hereafter may be individually referred to as a
"Party" or be collectively referred to as "Parties ".
In consideration of the promises, mutual covenants, conditions, provisions and
undertakings contained in this Agreement, and for other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged by both Parties, the Parties
covenant and agree with each other as follows:
1. APPOINTMENT AS CITY MANAGER
1.1. The City, pursuant to art, a sec. 1 of the City Charter and acting through
its Board of City Commissioners ( "Commission "), have by City Resolution 91 -06 -12232
elected to employ Ms. Yvonne Soler - McKinley as its City Manager.
1.2. Ms. Soler- McKinley, upon approval of the terms of this Agreement by the
Commission, agrees to serve as the City Manager of the City of South Miami in
accordance with the terms and conditions of this Agreement.
2. TERMS OF EMPLOYMENT
2.1. The City Manager, pursuant to art. II, sec 7.A of the City Charter, serves
at the pleasure of the Commission, which is empowered to terminate the services of the
City Manager at any time in accordance with the provisions of this Agreement.
2.2. This Agreement shall continue in force for a period of three years from the
effective date.
2.3. This Agreement may be renewed for additional one -year terms.
Employment Agreement — City Manager Page I of 10
2.4. This Employment Agreement neither alters the nature of the employment
from an "at -will" employment nor creates a property right to employment under the laws
of the State of Florida.
3. DUTIES AND REPSONSIBILITIES OF THE CITY MANAGER
3.1. The City Manager, as the Chief Administrative Officer of the City, shall
be responsible for the administration of all City affairs, for carrying out policies adopted
by the Commission, and for implementing the City budget and programs as directed by
the Commission.
3.2. The City Manager shall report and be accountable only to the
Commission.
3.3. The City Manager shall perform those duties prescribed by art. 1II, sec. 5
and other relevant provisions of the City Charter; prescribed by law or inter -local
agreement, and as directed by the Commission.
3.4. The City Manager shall be solely responsible for hiring and terminating
City employees, subject to limitations imposed by budget authorizations, funding
availability or policy direction by the Commission.
3.5. The City Manager shall devote her time and interests to the City's affairs
at whatever time of day or day of week reasonably required or scheduled by the City
Manager, subject to a minimum average of forty (40) hours per week.
3.6. The City Manager may engage in other professional endeavors unrelated
to City business or affairs, provided that such endeavors;
(i) are approved by the Commission upon request and disclosure by
the City Manager of the nature of the endeavor, its duration and the estimated
time requirements and schedule commitments, and
(ii) do not violate the prohibition against dual office holding: and
(iii) do not create the reality or appearance of a conflict of interest; and
(iv) do not materially detract from the time or schedule to accomplish
the City Manager's duties and objectives.
Employment Agreement — City Manager Page 2 of 10
3.7. The City Manager warrants that:
3.7.1. She does not now have, and that she will not knowingly enter into,
any contract or relationship with another person or entity that creates a conflict of
interest, as that term is described in sec. 2 -11.1 of the Code of Miami -Dade County and
the City's Conflict of Interest and Ethics Codes,
3.7.2. She has not paid or agreed to pay any person any consideration for
the procurement of this Agreement,
3.7.3. She will uphold the State, County and City ethics codes and the
Florida Public Meeting and Public Records laws (Sunshine Laws), and
3.7.4. In the event she has any concerns or reservations about any
pending actions as they may relate to the above topics, will seek legal advice from the
City Attorney and/or direction from the Commission.
4. DUTIES AND RESPONSIBILITIES OF THE CITY
4.1. To the extent practical, the Commission members shall address their
concerns regarding the financial condition, operations, personnel and other City matters
directly to the City Manager, who shall address those matters with the pertinent City
staff, consultants, contractors and advisors for response to the Commission.
4.2. Any Commission member, acting alone and without authorization of the
Commission, shall not direct the City Manager to enter into or terminate any contract, to
grant or withhold funds to any person, or to instruct any person under the City Manager's
authority to take or refrain from taking any specific action.
4.3. To the extent practical, Commission members shall address their concerns
regarding the financial condition, operations, personnel and other city matters directly to
the city manager and the city manager shall address those matters with the city staff,
consultants, contractors and advisors. Individual members of the City Commission shall
not, acting alone and without authorization of the city commission, direct the city
manager to enter into or terminate any contract, to grant or withhold funds to any person,
nor instruct any city personnel under the city manager's control to take or refrain from
taking any action. This paragraph shall not be applied to limit the non - interference
provisions of art. VI, sec. 7 of the City Charter.
Employment Agreement — City Manager Page 3 of 10
4.4 The Commission shall review the performance of the City Manager
annually, on or before each anniversary of this Agreement, and in accordance with
established criteria for the annual performance reviews for the City Manager.
4.5 The Commission may grant the City Manager an annual merit salary
increase on or before each anniversary of this Agreement in an amount determined by the
Commission, having considered such factors as job performance, experience, length of
employment, satisfaction of objectives, responsiveness or other factors as the
Commission may deem to be important.
4.6 The Commission, for unforeseen fiscal adversity, may elect to either
temporarily or permanently reduce the salary and/or benefit payments to City employees.
In the event the Commission reduces the salary or other benefits of the City Manager in a
greater percentage than an equivalent "across- the - board" reduction of salary or benefits
of all full -time City employees, or in the event the City refuses to comply with any other
substantive provision of this Agreement, the City, upon notification by the City Manager
within fifteen (15) days of such action, shall have forty -five (45) days from such notice
within which to cure the violation. If the violation is not cured within the forty -five (45)
day period, the City Manager may consider the violation to be a constructive termination
"for convenience ", in which case the associated severance provisions, as described
herein, shall be effective as of the day the violation occurred and pursuant to the salary,
benefits or other conditions in effect immediately before the violation.
5. SALARY AND BENEFITS
5.1. Salary
5.1.1. The City Manager shall initially receive an annual base salary of
$140,000, commencing with the effective date of this Agreement and paid in the same
frequency and proportion as that of other salaried City employees and subject to the same
legally required deductions.
5.1.2. The City Manager shall be entitled to and receive the same annual
cost -of- living adjustment (COLA) as may be granted to other City administrative
employees. The City Manager's role, if any, in negotiating such an adjustment with
Employment Agreement — City Manager Page 4 of 10
recognized collective bargaining organizations shall not be considered a conflict of
interest.
5.2. Benefits
5.2.1. The City Manager shall be credited with eighteen (18) days of
personal leave time at the commencement of the Agreement and shall accrue the
equivalent of 1.5 days of "leave time" and 1.0 days of "sick time" per month of
employment thereafter.
5.2.2. The City Manager shall be entitled to all paid holidays customarily
granted to all City employees..
5.2.3. All comprehensive medical, dental, vision, disability and other
health and wellness insurance options shall be available to the City Manager in the same
plans, terms and conditions as available to other unclassified City employees. The City
shall also provide the City Manager, at the City's expense, a comprehensive annual
physical examination and life insurance coverage in an amount equal to the City
Manager's annual base salary.
5.2.4. The City shall contribute to a deferred compensation plan selected
by the City Manager an amount equal to fifteen percent (15 %) of the City Manager's
annual base salary. Such contributions shall occur on a pro -rated basis per City pay
period.
5.2.5. The City shall provide the City Manager with a monthly expense
allowance equal to the allowance provided to a member of the City Commission and a
vehicle and gasoline allowance of $500 and $100 per month, respectively. The gasoline
allowance shall be escalated by ten percent (10 %) annually on the anniversary date of this
Agreement. In lieu of the gasoline allowance, the City may authorize the City Manager to
use gasoline dispensed from the City's fueling facility up to the equivalent value.
5.3. Equipment
5.3.1. The City shall provide or provide for all equipment, material and
devices necessary or desired to efficiently and effectively carry out the City Manager's
duties to the City's benefit, including, but not limited to: a cellular phone, personal digital
assistant, radio, pager, hard hat, reflective vest, emergency equipment, etc. Any
equipment, material and devices so provided shall remain the property of the City and
Employment Agreement — City Manager Page 5 of 10
shall be either returned to the City or have the financial responsibility for it assumed by
the City Manager upon termination or expiration of this Agreement.
5.3.2 The City shall indemnify, defend and hold harmless the City
Manager against ay tort, professional liability claim or demand or any other legal action
arising of an alleged act or omission occurring from the performance of the City
Manager's duties. The City will litigate, compromise or settle any such claim, demand or
legal action and pay the amount of any settlement or judgment rendered thereon.
Additionally, the City, or its insurer, will provide suitable legal representation for the City
Manager for any and all proceedings, mediations, arbitrations, law suits or appeals related
to or arising out of the City Manager's affiliation with the City. The City shall be under
no obligation to indemnify and hold harmless the City Manager where she is found to
have acted dishonestly, in bad faith or in a manner exhibiting wanton and willful
disregard of human rights, safety or property. This entire indemnification provision shall
survive the termination or expiration of this Agreement
5.3.3 The City Manager shall furnish a surety bond to be approved by
the Commission, as required under art. VI, sec. 2 of the charter, in such amount as may
be determined by the Commission. The City shall be responsible for payment of the
premium of this bond. The City Manager shall secure a surety bond, upon approval of
the Commission, within 30 days of the effective date of this agreement.
5.3.4 The City shall pay registration, travel and per diem expenses, as
authorized by law, for the City Manager's attendance and representation of the City at the
International County Managers Association, the Florida City /County Management
Association and the Florida League of Cities annual conferences, and any other related
conferences, meetings, conventions or seminars the Commission may direct or authorize
the City Manager to attend.
5.3.5 The City shall reimburse the City Manager for pertinent,
reasonable and customary professional society or association dues, subscriptions, training
or other costs related to the continued professional growth and recognition of the City
Manager, and as may be represented in the City's annual budget.
Employment Agreement — City Manager Page 6 of 10
6. TERMINATION
6.1. The City may terminate this Agreement with or . without cause in
accordance with art. III, sec 3 of the City Charter, subject only to the severance
provisions set forth in this Agreement.
6.2. The term "for cause" shall be defined to mean (1) breach of any material
term or condition of this. agreement; (2) conviction of a felony during the term of this
agreement; (3) misconduct in office; (4) gross insubordination and, or willful neglect of
duty; or (5) a knowing or intentional violation of the Florida or Miami -Dade County
conflict of interest and code of ethics laws. A "for cause" termination decision may be
reviewed by the circuit court in an original action or a de novo review proceeding.
6.3 In the event that the Commission terminates this Agreement "for cause',
the City shall not be obligated to pay and the City Manager shall not be entitled to receive
any severance compensation other than the cash value of accrued but unused leave time
or sick time, and any salary and other benefits earned up to the effective date of the
termination, unless the amounts for accrued leave and sick time are used as a set off for
any amounts owed by the City Manager to the City. The payment for unused leave or
sick time shall be made within fifteen (15) days of the effective date of the termination.
6.4 In the event that the Commission terminates this Agreement "for
convenience" during the first year of the Agreement term, the City shall pay the City
Manager a lump sum cash payment equal to the City Manager's base salary for three (3)
months as a severance benefit. The severance benefit basis shall increase by one month
for each additional year, or portion thereof, of employment under this Agreement, subject
to a maximum benefit limit of six (6) months of base salary, at the time of termination.
The severance benefit shall be paid within fifteen (15) days of the effective date of the
termination. In addition to the severance benefit, the City shall continue to provide all
insurance benefits from the effective date of the termination for a period equal in time to
the basis of the severance benefit. The City shall not be obligated to pay for any other
allowances or benefits after the effective date of termination and shall not be financially
obligated to the City Manager thereafter, except as may be required by the indemnity
provision herein.
Employment Agreement — City Manager Page 7 of 10
6.5 The City Manager may terminate this Agreement through an act of
resignation by providing the Commission with at least thirty (30) days prior written
notice. In the event that at least thirty (30) days prior written notice is provided, the City
Manager shall be entitled to full pay and benefits until the effective date of the
resignation, at which time the City will be obligated to pay only the cash value of accrued
but unused leave or sick time on the effective date and all insurance benefits for an
additional thirty (30) days. In the event that the City Manager terminates this Agreement
through an act of resignation with less than thirty (30) days advance written notice, the
severance provisions of a termination "for cause" shall apply unless the Commission
elects otherwise.
7. RETURN OF PROPERTY
7.1 Upon termination of this agreement, the City Manager shall immediately
return all City property in her possession or control, including but not limited to, keys,
computers, cell phone, pagers, vehicle, documents and any other property of the City.
8. OTHER TERMS AND CONDITIONS
8.1 Dispute Resolution. Any claim or dispute arising out of or related to this
Agreement shall be subject to informal mediation as a condition precedent to the
initiation of legal or equitable proceedings by either party. Mediation shall be deemed
complete upon either an executed written settlement of the claim or dispute or the
expiration of forty -five (45) days from the date either party serves the other with a written
request for mediation and the other party has not responded. The parties shall share
equally the mediator's fee and any filing fees. Mediation shall be held in Miami -Dade
County, Florida and settlements or other agreements reached in mediation shall be
enforceable as settlement agreements in the Circuit Court for the 11tb Judicial Circuit of
the State of Florida.
8.2 Waiver of a Jury Trial. Both parties hereby waive any right to arbitration
and to jury trial.
Employment Agreement — City Manager Page 8 of 10
8.3 Venue. Any legal or administrative action arising under this Agreement,
including an action to enforce the Agreement, shall be brought in state court in Miami-
Dade County, Florida and administered and be governed by Florida law.
8.4 Construction. In the event a court of competent jurisdiction must interpret
any word or provision of this Agreement, the word or provision shall not be construed
against either party by reason of drafting or negotiating this Agreement.
8.5 Notice. Any notice required or provided for in this Agreement shall be
given to the parties at the addresses provided in the execution of this Agreement.
8.6 Severability. In the event any provision of this Agreement is declared by a
court of competent jurisdiction to be invalid, the declaration shall not affect the validity
of the Agreement as a whole or any part of the Agreement other than the part declared to
be invalid.
8.7 Non - Waiver. The waiver by either party of a breach of any provision
herein by the other shall not operate or be construed as a waiver of any subsequent breach
by that party.
8.8 Sovereign hnmunity. The City does not waive its sovereign immunity for
any claim arising under, or related to, this agreement other than for breach of contract.
The City shall not be liable to pay for damages, other than amounts due under this
agreement, in the event it is adjudicated to be liable for breach of contract, or otherwise
permitted by law. Notwithstanding this limited waiver of sovereign immunity, the City
does not waive its immunity from, and shall not pay awards for prejudgment interest
and/or attorney's fees.
8.9 Policy. The Commission shall fix any other terms and conditions of
employment it may determine from time to time to be necessary and in the City's best
interest relating to the performance of the City Manager, provided that such terms and
conditions are compatible with the provisions of this agreement, Florida Statutes and any
other law, and are agreed to in writing by the City Manager.
8.10 Effective Date. The Effective Date of this Agreement shall be the date of
approval by Resolution of the Commission; Resolution No. 91- 06- 12232.
Employment Agreement — City Manager Page 9 of 10
ATTEST:
aria Menendez,
City Clerk
APP AS TO FO
Luis . igueredo,
City Attorney
CITY OF SOUTH MIAMI
6130 Sunset Drive
South Miami, Florida 33143
Horace G. Feliu
Mayor
i
f
ONNE SOLER- MCKINLEY
1765 Southwest 1334 Terrace
Miami, Florida 33176
Employment Agreement — City Manager Page 10 of 10
CITY OF SOUTH MIAMI-
INTER - OFFICE MEMORANDUM
To: Mayor and City Commission Date: July 17, 2006, revised August 10, 2006
From: Luis R. Figueredo, Re: City Manager Contract
Nagin Gallop & Figueredo, P.A.
Office of City Attorney :
SUBJECT: The draft city manager employment contract for Ms. Yvonne Soler - McKinley.
DISCUSSION: This contract creates an Employment Agreement between the City Manager and the
City of South Miami for an initial term of three years. It provides that the City Manager will devote
substantial time to the affairs of the City. This memorandum provides an overview of the draft
Employment Contract negotiated by my office and .Ms. McKinley. The draft agreement was
transmitted to each of you for your review and comment on July 7, 2006.
Section 1 of the contract provides a three (3) year term, and is-consistent with the term typically
given to a city manager.
Section 2 of the contract provides that the city manager shall "serve at the pleasure of the City
Commission and that the City Commission may terminate the services of the city manager at any
time. This is consistent with the "at -will" provision of the City - tarter.
Section 3 outlines the responsibilities of the city manager.
Section 4 outlines the duties and responsibilities of the City under the contract, and includes a non-
interference clause which implements the Charter requirement tor= ensure the city manager has the
ability to manage the operations of the city.
Section 4.3 provides for annual performance reviews of the city.manager by the City Commission
Section 5 specifies an annual salary of $140,000.
Section 5.2 outlines the additional benefits to be provided to the manager. The benefits provided are
consistent with the benefits available to unclassified City employees.
Section 5 -3.2 delineates the provisions of a hold harmless and indemnification provision, in which
the City agrees to defend the city manager should she be sued for-acts- arising out of the performance
of her duties. The agreement does not indemnify the manager for dishonesty, bad faith, wanton or
willful disregard of human rights, safety or property.
City Manager Contract Memorandum
July 17, 2006
Page 2 of 4
Section 5 -3.3 provides that the manager shall furnish a "surety bond."
Sections 6.3 and 6.4 specifies the terms under which the city manager may be terminated for
convenience. She would be provided a severance package of three (3) months base salary. In
addition, for each year of employment completed, the city manager would be entitled to one
additional month's pay. The maximum severance payment would be six (6) months. If the City
Manager is terminated for cause she shall not be entitled to receive any severance compensation.
RECOMMENDATION: Approve the ordinance accepting the contract.
AugLast 10 2006 update to Ci ty Attorney report:
During the August 1, 2006 city commission meeting, several members of the commission
indicated that they would like to propose several amendments to the draft city manager's contract.
All comments were to be provided to our office by August 8, 2006. Below are the proposed
recommended changes that have been requested:
1. At page 1, subsection 2.2: "This Agreement shall continue in force for a period of twee
one years-from the effective date."
2. At subsection 23: This Agreement may be renewed for additional ev arlL
if performance is acceptable to the city commission.
3. At page 2, subsection 3.5: "The City Manager shall devote her time and interests to the
City's affairs at whatever time of day or day of week reasonably required or- se-he aide ,.t,
the City Manag °._, subject to a minimum image of 40 hours per week. The--Ckty
Manager shall be available during normal operating hours of City Hall and shall keep the
Citv Commission informed of time spent out of the office and where she can be
contacted."
4. At page 3, sections 4.1 and 4.2 should be deleted. Remainder of numbering in 4 should
be revised.
5. At page 4, subsection 4.4, second sentence: "The Commission may grant the City
Manager an annual merit salary increase on sere each anniversary of this
Agreement, and in accordance with established criteria for the annual performance
reviews for the City Manager.
6. Subsection 4.5 shall be renumbered and: "The Commission may ff°4 the Git y Ma n ne
ame diaed b the - C4y -Cenm:iiss1en renew this employment agreement for an
additional one vear term with a salary ad;iustment, having considered such factors...."
7. Subsection 4.6, second sentence: "In the event the Commission reduces the salary or
benefits of the City Manager in a greater percentage than an equivalent "across -the-
board" reduction of salary or benefits of all full -time City employees or Department
City Manager Contract Memorandum
July 17, 2006
Page 3 of 4
Heads,...."
8. At subsection 5.1.1: "The City Manager shall initially receive an annual base salary of
$140,000 $110,000, ..."
9. At subsection 5.1.2, strike entire subsection.
10. At page 5, subsection 5.2.1: "The City Manager shall be credited with 49 12 days of
personal leave time at the commencement of the agreement and shall accrue the
equivalent of 4-4 1.0 day of "leave time" and 1.0 days of " ' per mar
of employment thereafter." Add to end of paragraph: "Sick time" shall accrue the
equivalent of 1.0 days per month, to a maximum of 21 days."
11. At subsection 5.2.3, that paragraph relating to medical and other insurances should be
deleted, or provide same benefits as to other unclassified employees.
12. At subsection 5.2.4, change deferred compensation rate from 15% to 12% of the City
Manager's base salary.
13. At subsection 5.2.5: "The City shall provide the City Manager with a monthly expense
allowance equal to the allowance provided to a member ofthe City Commission $1,500)
and a vehicle and gasoline, or $500
automobile allowance. The gasoline alle ,,.,flee shed be esealated by i not a ally efl
the ffiinWa,.nW Fate of th s a °f ...." Alternative language, provides solely $1,500
allowance to the City Manager.
14. At subsection 5.3.1, under equipment, the City Manger can either have a cellular phone
or $80.00 per month to cover phone services. Additionally, the City shall provide
personal digital assistant, radio, pager, hard hat, reflective vest, emergency equipment,
etc., or $800.00 per year to cover these charges. Alternative language proposed solely
allows necessary, rather than desired purchases of equipment. Moreover, the alternative
language requires the following additional sentence be added to the subsection: "All
purchases shall be reported to the City Commission at the next re ularly scheduled City
Commission meeting."
15. At page 6, subsection 5.3.2, correct first sentence, second line to replace "ay" with "any".
16. Subsections 5.3.4 and 5.3.5 should be combined and limit the per diem for travel and
participation in professional associations to $2,500.00., per year. Or alternatively, at
subsection 5.3.4: "The City shall pay registration, travel and per diem expenses, as
authorized by law, for the City Manager's attendance and representation of the City744he
eenfer-enees, meetings, e ensor seethe Commission may direct or authorize
the City Manager to attend." if alternative language is used, then also modify subsection
5.3.5, to add following phrase to end of last sentence: "and as authorized by the
Commission."
17. Page 7, subsection 6.3, last sentence should be deleted: "
E)r- siek time sWI be made -A44±ia 15 days of t4e effi�ive d-a-f-e- A--f 4-he
Alternatively, only leave can be paid out during the term of the contract, and no sick
City Manager Contract Memorandum
July 17, 2006
Page 4 of 4
time.
18. Subsection 6.4 (correct numbering, last subsection on page 7), replace three month
severance with one month's severance, and strike any fizrther compensation for length of
service. "The se-,;efaftee benefit basis sWI iner-ease by ene meffth for- eaeh additional
year ....... ." Alternative language: delete all additional payments and refers
parties back to Article IR, section 3 of the City Charter. Fourth sentence, related to
continued payment of insurance is to be stricken.
19. Page 8, subsection 6.4 should be renumbered. The subsection should be modified to be
consistent with city's personnel policy for all other personnel at the city. If there is no
payout of vacation or sick time for other employees, then the city manager should not
receive payout. Alternatively, only accrued leave shall be paid, and no insurance
benefits.
CITY OF SOUTH MIAMI -
' I Sol Congo I u!:;►1i j3I
To: Mayor and City Commission Date: July 17, 2006, revised August 10, 2006
From: Luis R. Figueredo, Re: City Manager Contract
Nagin Gallop & Figueredo, P.A.
Office of City Attorney T "
SUBJECT: The draft city manager employment contract for Ms. Yvonne Soler- McKinley.
DISCUSSION: This contract creates an Employment Agreement-between the City Manager and the
City of South Miami for an initial term of three years. It provides that the City Manager will devote
substantial time to the affairs of the City. This memorandum provides an overview of the draft
Employment Contract negotiated by my office and .Ms. McKinley. The draft agreement was
transmitted to each of you for your review and comment on July 7, 2006.
Section 1 of the contract provides a three (3) year term, and is-consistent with the term typically
given to a city manager.
Section 2 of the contract provides that the city manager shall'serve at the pleasure of the City
Commission and that the City Commission may terminate the services of the city manager at any
time. This is consistent with the "at -will" provision of the City_Cha ter.
Section 3 outlines the responsibilities of the city manager.
Section 4 outlines the duties and responsibilities of the City under the contract, and includes anon-
interference clause which implements the Charter requirement to -ensure the city manager has the
ability to manage the operations of the city. :
Section 4.3 provides for annual performance reviews of the city manager by the City Commission
Section 5 specifies an annual salary of $140,000.
Section 5.2 outlines the additional benefits to be provided to the manager. The benefits provided are
consistent with the benefits available to unclassified City employees.
Section 5 -3.2 delineates the provisions of a hold harmless and indemnification provision, in which
the City agrees to defend the city manager should she be sued for-acts- arising out of the performance
of her duties. The agreement does not indemnify the manager for dishonesty, bad faith, wanton or
willful disregard of human rights, safety or property.
City Manager Contract Memorandum
July 17, 2006
Page 2 of 4
Section 5 -3.3 provides that the manager shall finnish a "surety bond."
Sections 6.3 and 6.4 specifies the terms under which the city manager may be terminated for
convenience. She would be provided a severance package of three (3) months base salary. In
addition, for each year of employment completed, the city manager would be entitled to one
additional month's pay. The maximum severance payment would be six (6) months. If the City
Manager is terminated for cause she shall not be entitled to receive any severance compensation.
RECOMMENDATION: Approve the ordinance accepting the contract.
August 10 2006 uladate to City Attorney re ort: ;
During the August 1, 2006 city commission meeting, several members of the commission) 'l
indicated that they would like to propose several amendments to the draft city manager's contract.
All comments were to be provided to our office by August 8, 2006. Below are the proposed
recommended changes that have been requested: -
i�
- 1. At page 1, subsection 2.2: "This Agreement shall continue in force for a period of thFee,r.
- one rom the effective date."
2. At subsection 2.3: This Agreement may be renewed for additional yearly, -
if performance is acce table to the city commission. X.
,
3.' At page 2, subsection 3.5: "The City Manager shall devote her time and interests to the "
City's affairs at whatever time of day or day of week reasonably required eery
the City Manage subject to a minims cage of 40 hours per week. The City"
Manager shall be available during normal operating eratin hours of City Hall and shall kee the � y
City ommission informed of time spent out of the office and where she can be
contacted."
4. At page 3, sections 4.1 and 4.2 should be deleted. Remainder of numbering in 4 should %J
ri
be revised.
5.', At page 4, subsection 4.4 second sentence: "The Commission ma ant the City
P g Y gr
Manager an annual merit salary increase on ^ e each anniversary of this,.-4 `?!
Agreement, and in accordance with established criteria for the annual performance
reviews for the City Manager.
6. Subsection 4.5 shall be renumbered and: "The Commission may gpanl the City Manag
- - -" °m°_n+ de+em; ~e'b° the City remm ss;e„ renew this em p loment agreement for an � -
additional one year with a salary adjustment, having considered such factors...."
7. 'E Subsection 4.6, second sentence: "In the event the Commission reduces the salary or
benefits of the City Manager in a greater percentage than an equivalent "across- the - LRf "
board" reduction of salary or benefits of all full -time City employees or Department
S,
City Manager Contract Memorandum
July 17, 2006
Page 3 of 4 V
8. At subsection 5. L-1 "The City Manager shall initially receive an annual base salary of
lfs
$140,000 $11060,
At subsection 5.1.2, strike entire subsection. V" ti
10.i At page 5, subsection 5.2. if 'The City Manager shall be credited with 44 12 days of
personal leave time at the commencement of the agreement and shall accrue the
equivalent of 441_0 dayof "leave time" and 1.0 days of "siek time" per- men 12er year
V.2
of employment thereafter." Add to end of paragraph: "Sick time" shall accrue theme
equivalent of 1.0 day§ i)er month, to a maximum of 21 days.'
11. At subsection 5.2.3, that paragraph relating to medical and other insurances should be
deleted, or provide same benefits as to other unclassified employees.
N."
2., At subsection 5.2.4, change deferred compensation rate from 15% to 12% of the Ci ty
— Manager's base salary.
e,13. At subsection 5.2.5: "The City shall provide the City Manager with a monthly expense
allowance equal to the allowance provided to a member of the City Commission L$1,500)
and a vehicle and gasoline, va -AfEWO and $ 100 pe en4h, respeeli or $500
automobile allowance. The gaseline allowanee shag be eseala4ed by 100% —anni—mlly An
Elate ef 4his ageem ... Alternative 1 -
language, provides solely $1, 500
allowance to-the -City-Manager.
14. At subsection 5.3.1, under equipment the City Manger can either have a cellular phone
or U0.00 per month to cover -phone services. Additionally, the City shall provide
personal digital assistant, radio, pager, hard hat, reflective vest, emergency equipment,
etc., or $800.00 per year to cover these charges. Alternative language proposed solely
allows necessary, rather than desired purchases of equipment. Moreover, the alternative
language requires the following additional sentence be added to the subsection: "All
-purchases shall be reported to the City Commission at the next regulg!Lly scheduled C
Commission meetin
.,15. At page 6, subsection 5.3.2, correct first sentence, second line to replace "ay" with "any".
16. Subsections 5.3.4 and 5.3.5 should be combined and limit the per them for travel and
participation in professional associations to $2,500.00., per year. Or alternatively, at
subsection 5.3.4: "The City shall pay registration, travel and per them expenses, as
authorized by law, for the City Manager's attendance and representation of the City 79-the
Geuffty ManageTs Asseeiation, the Fierida Gft5�Ceunty N4aaa-geflien4.
Asseeia-fien and the Fier-ida Leat%e _4 Gifies; and any ethef related-
eenfer-enees, meetings, eenvenfiens er-s gfmrsthe Commission may director authorize
the City Manager to attend." If alternative language is used, then also modify subsection
5.3.5, to add following phrase to end of last sentence: "and as authorized by the
Commission."
'1 17. Page 7, subsection 6.3, last sentence should be deleted: "The pq5 'neat fef uffused leaw
date
iek time shall be made Agiia 15 days ef the effiae4ive ef the
Alternatively, only leave can be paid out during the term of the contract, and no sick
City Manager Contract Memorandum.
July 17, 2006
Page 4 of 4
time.
1$. Subsection 6.4 (correct numbering, last subsection on page 7), replace three month
' severance with one month's severance, and strike any further compensation for length of - A;
service.'
" Alternative language: delete all additional payments and refers
parties back to Article III, section 3 of the City Charter. Fourth sentence, related to j
continued payment of insurance is to be stricken. '
19. Page 8, subsection 6.4 should be renumbered. The subsection should be modified to be Y
C
onsistent with city's personnel policy for all other personnel at the city. If there is no
i..
payout of vacation or sick time for other employees, then the city manager should not 'x- ?
receive payout. Alternatively, only accrued leave shall be paid, and no insurance
benefits.
u