HomeMy WebLinkAboutR-2021-153 City Attorney Contract (Boutsis)RESOLUTION NO.2021-153
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE CITY COMMISSION TO ENTER
INTO AN EMPLOYMENT AGREEMENT WITH EVE A. BOUTSIS AS CITY
ATTORNEY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. In accordance with the City of Dania Beach Charter, Part I — Charter
and Related Laws, Part III — Administrative Officers and Departments, Article 5 — City
Attorney, Section 1. — Appointment and qualifications, the City Commission wishes to enter
into an employment agreement with Eve A. Boutsis, a copy of which Agreement is attached
to this Resolution.
Section 2. That the parties are authorized to make minor revisions to the
provisions of the Agreement as deemed to be necessary and in the best interest of the City,
should the need arise due to any negotiations and agreement of the parties.
Section 3. That all resolutions or parts of resolutions in conflict with this
Resolution are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED on October 12, 2021.
ATTEST:
THOMAS SCHNEIDER, CMC od` TAMARA JAME
CITY CLERK �� y°� MAYOR
q&Lis
APPROVED AST FORM AND CORRECTNESS:
THOM S J. ANSB
CITY A TORNEY
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (this "Agreement") is made and entered into
on , 2021, between the City of Dania Beach (the "City") and Eve
Boutsis, the City Attorney (the "Attorney").
TERMS
1. Employment. The City employs the Employee as its City Attorney under the following
terms and conditions.
2. Term.
2.1 This Agreement shall have a term of three (3) years commencing on the date of
separation of the current City Attorney, Tom Ansbro, or January 4, 2022, whichever date is
earlier (the "Commencement Date") and ending on January 3, 2025, unless earlier terminated as
provided in this Agreement.
2.2 No later than ninety (90) days prior to expiration of this Agreement, unless this
Agreement is terminated earlier as provided in this Agreement, the City Commission
("Commission") shall notify the Attorney of its intention to either enter into a new agreement or
to allow this Agreement to expire. If the Commission intends to let this Agreement expire, the
Attorney may resign from her position with two (2) weeks' prior written notice and shall be
entitled to receive any accrued unused annual leave, sick leave and personal days. In the event
this Agreement expires due to the Commission's failure to act and Attorney is ready, willing and
able to continue with her employment as Attorney, the Commission agrees to continue providing
the Attorney with her regular bi-weekly salary and benefits as provided in this Agreement, until
otherwise notified by the Commission.
3. Duties.
The Attorney shall perform the duties and exercise the powers of City Attorney as
prescribed by state law and as provided in the City Charter, including but not limited to the
following:
3.1 Be responsible for the appointment, supervision and removal of employees within
the Office of the City Attorney;
3.2 Provide legal advice to all departments, boards or agencies;
3.3 Review and revise all resolutions, contracts, agreements, leases, and other legal
documents;
3.4 Attend all Commission meetings except when excused by the Commission and
shall participate in discussion but not have the right to vote;
3.5 Provide guidance to the Mayor and City Commission as it relates to state laws,
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ethics, and all other applicable rules and regulations affecting the elected officials and the City,
at large;
3.6 See that all laws, provisions of the Charter and acts of the Commission, subject to
enforcement and administration by her or by officers subject to her direction and supervision, are
faithfully executed;
3.7 Prepare and submit to the Commission a proposed annual budget for the office of
the City Attorney;
3.8 Prepare such other reports as the Commission may require concerning the legal
issues facing the operation of City departments, offices, boards and agencies;
3.9 Keep the Commission fully advised as to the financial condition and future needs
of the City and make such recommendations to the Commission concerning the affairs of the
City as she deems to be in the best interests of the City;
3.10 Before any ordinance so proposed shall be submitted to the City Commission, it
shall be first approved as to its form by the Attorney whose duty it shall be to draft such
proposed ordinance in proper legal language, if called upon so to do, and to render such other
service to persons desiring to propose such ordinance as shall be necessary to make the same
proper for consideration by the City Commission;
3.11 The Attorney, or her designee, shall present the City's case at formal hearings
and shall have prosecutorial discretion, including, but not limited to, the right to negotiate a
plea with a violator and present that plea to the magistrate for approval, to recommend the
disposition of a case to the magistrate, and to decline to prosecute a case, similar to the
discretion exercised by the state attorney in criminal cases. In no case shall the Attorney, or
her designee, serve as attorney for the magistrate and at the same time present the city's cases
to the magistrate.
3.12 The Attorney shall be required to take such legal steps as may be necessary to
enforce the terms and conditions imposed in favor of the city or its inhabitants in any public
utility franchise are faithfully kept and performed.
3.13 Review and revise contracts, deeds and other documents to ensure that the City is
in the best position possible, as authorized by the Commission; and
3.14 Perform such other duties as are specified in the Charter and as may be required
by the Commission.
4. Hours of Work The Attorney agrees to remain in the exclusive full-time employment of the
City and shall not accept any other employment during the term of this Agreement. The Attorney
further agrees to devote that amount of time and energy which is reasonably necessary for the Attorney to
faithfully perform her duties under this Agreement. Notwithstanding the foregoing, with the prior
consent of the Commission, the Attorney, from time to time, may engage in teaching opportunities so
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long as such opportunities are not for compensation and do not conflict with or affect her ability to
perform her duties under this Agreement.
5. Compensation.
5.1 Ste. The annual salary of the Attorney shall be Two Hundred Thousand Dollars
($200,000.00), which shall be payable in installments at the same time and manner as other
employees of the City are paid. Any increase in the annual base salary other than as provided in
Section 5.2 shall be in the sole discretion of the City Commission, and only after the annual
performance evaluations provided for under Section 6 of this Agreement.
5.2 Annual Salary Adjustments. The Attorney's salary shall be adjusted annually at the
beginning of each fiscal year at the same time and manner as other employees during the term of
this Agreement.
5.3 The Attorney will receive a monthly expense allowance consistent with that
paid to the City Manager and other Department Heads, to be paid in the same manner as
Department Directors.
5.4 The Attorney's salary will be increased to reflect an annual cost of living
adjustment at the same rate and effective time as the cost of living adjustment that is next
provided to AFSCME bargaining unit employees.
6. Performance Evaluation.
6.1 An evaluation of the Attorney shall be conducted annually each March (consistent
with the time period, evaluation period for the City Manager) in advance of the adoption of the annual
operating budget. Any such review and evaluation shall be conducted in accordance with criteria
developed by the Commission. Criteria may be added or deleted as the Commission may from time to
time decide. If any such evaluation is not conducted, the Attorney will still receive the salary
adjustment specified in Paragraph 5.2, above.
6.2 Subsequent to each evaluation of Attorney's performance, but prior to the beginning
of each fiscal year, the Commission may (in consultation with the Attorney) define such goals and
performance objectives, in writing, which they determine necessary for the proper operation of the
office.
7. Automobile and Electronics.
7.1 The City shall provide the Attorney with an automobile allowance of six hundred dollars
($600.00) per month ($7,200.00) annually) to be paid on a bi-weekly pay period at the same time and in
the same manner as other employees, which is intended to cover the Attorney's automobile related
expenses during her employment as City Attorney.
7.2 The City shall provide the City Attorney with a monthly cellphone and data stipend (City
Attorney shall use her personal cell phone but will receive a stipend towards the phone and data usage) of
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one hundred twenty five dollars per month ($1,500.00 annually) to be paid on a bi-weekly pay period
basis at the same time and in the same manner as other employees and such devices shall be connected to
the City's computer network.
8. Insurance. The City shall provide the Attorney with comprehensive medical, vision, and
dental insurance, and life insurance, and to participate in those plans in the same manner and
amounts are to be paid as are provided to Department Heads of the City. The Attorney shall select
such coverage from the insurance plan provided to all City employees. The City also shall provide
the Attorney with life insurance and long-term disability insurance coverage in the same manner and
amounts as provided by the City to other general employees of the City and pay the related cost of
the premiums.
9. Retirement Benefits. The Attorney shall be enrolled by the City in the Florida Retirement
System's ("FRS") Senior Management Service Class and the City shall be responsible for paying the
mandatory City Employer contributions into FRS for the Senior Management Service Class. In addition,
the City will pay one and one half percent (1.5%) of the required three percent (3) employee contribution
to the plan on behalf of the City Attorney. The Attorney will pay the remaining one and one half percent
(1.51/o) of the employee contribution. The City Attorney will be entitled to participate in the City's 457
Deferred Compensation plan at the same level of benefits afforded to all other City employees. The
election to participate must be made at the time of hire and the Attorney will be required to contribute
the required Employee Contribution in order to receive the City match which is currently a maximum of
1.8% of pay.
10. Annual Leave, Sick Leave and Personal Days. The Attorney shall be entitled to the
following annual leave:
10.1 Twenty-one (21) days of annual vacation leave.
10.2 Twelve (12) days of annual sick leave.
10.3 Four (4) days of annual personal leave.
10.4 8 hours of safety day.
Upon date of hire the Attorney will be immediately credited with ten (10) days of vacation leave, six
(6) days of sick leave, and two (2) personal days. Thereafter, vacation leave shall immediately begin
to accrue at the rate of 6.15 hours per pay period and sick leave will accrue at the rate of eight (8)
hours per month in the same manner as is applicable to all other City employees. The four (4)
personal days will be granted and effective with the first payroll after January V of each year
beginning January 1, 2022.
11. Termination by City and Severance Pay.
11.1 In accordance with the Charter, the Attorney shall serve at the pleasure of the
Commission. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the
right of the Commission to terminate the services of the Attorney at any time during a regular or
special City Commission meeting.
11.2 In the event the Commission wishes to terminate the Attorney without cause,
5 RESOLUTION #2021-153
within the first year of her employment, the Attorney shall receive a lump sum severance pay
equal to ten (10) weeks of her regular base salary at the time of termination. Such severance is
authorized by Florida law. A vote by the Commission to terminate without cause requires at least
a four fifths (4/5) vote. The City shall also continue to pay the premiums for the Attorney's
medical, vision, and dental insurance for ten (10) weeks after the effective date of her
termination. If the Attorney is terminated without cause during the second or third year of
employment, the Attorney shall receive a lump sum severance salary equal to twenty (20) weeks
of her regular base salary and shall continue to pay the premiums for twenty (20) weeks of paid
medical, dental and vision insurance after the effective date of her termination. The Attorney
shall be entitled to receive payment of any accrued unused vacation leave, sick leave and
personal days. The City's obligation to pay for medical, vision and dental insurance shall cease
upon Attorney's ability to participate in another group plan offered by any subsequent employer.
The City shall not provide the Attorney with any other benefit or reimbursement (except as
specifically set forth in this paragraph) beyond the date of her termination. All severance
payments (excluding the continuation of medical, vision, and dental insurance benefits) shall be
paid to the Attorney in a lump sum upon her next regular pay period after termination. Upon
payment of the severance payment specified in this Section 11.2, and the medical, vison and
dental insurance, and life insurance benefits provided for in this Agreement, the City shall have
no further contractual financial obligations to the Attorney. The severance payment shall
constitute stipulated and liquidated damages and the maximum amount of financial liability for
which the City may be liable in the event of termination for breach of contract. Termination by
the Commission under this Section or any other provisions of this Agreement shall not cause the
Attorney to forfeit any vested benefits under the Defined Contribution Plan.
11.3 In the event the Attorney is terminated for misconduct as defined in Section
443.036(30), Florida Statutes, the City shall have no obligation to pay the Attorney any
compensation, severance pay, medical, vision, and dental insurance or other benefits under this
Agreement, including any unused accrued vacation leave, sick leave and personal days.
Misconduct includes but is not limited to: (i) gross negligence in the performance of her duties;
(ii) conviction of a felony; (iii) gross insubordination; (iv) willful neglect of duty; or (v)
adjudicated violation of the Florida Code of Ethics for Public Officers and Employees, the
Broward Conflict of Interest and Code of Ethics, the City Charter, or the City's Code of
Ordinances.
11.4 If the Attorney is unable to perform her duties as specified in Section 3 of this
Agreement for a period of thirty (30) consecutive days or sixty (60) non-consecutive days during
any one-year period for any reason other than approved Family Medical Leave Act ("FMLA")
absence, the Commission may terminate this Agreement. If the Attorney takes FMLA-approved
leave and exhausts her statutorily protected FMLA-approved leave in any one-year period, the
Commission may terminate this Agreement. If this Agreement is terminated under this Section,
the Attorney shall not be entitled to severance pay or any other benefits under the terms of this
Agreement except for payment of accrued unused leave (vacation, sick and personal leave).
12. Termination of Agreement by Attorney.
12.1 In the event that the Attorney resigns during the term of this Agreement, the
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Attorney shall provide the City with ninety (90) days' advance written notice, unless the parties
agree in writing to a different period of time. In the event of resignation by the Attorney under
this Section, the Attorney shall not be entitled to receive any severance or medical, vision or
dental insurance benefits; however, she shall be entitled to receive payment of any accrued
unused vacation leave, sick leave and personal days.
12.2 In the event that the Attorney resigns with less than ninety (90) days' advance
written notice, the City Commission may elect to terminate the Attorney immediately or allow
the Attorney to continue to serve until the date specified in the Attorney's resignation. In the
event of a resignation or termination under this paragraph, notwithstanding any other provisions
of this Agreement, the Attorney shall not be entitled to receive any compensation, severance
payment, any accrued unused vacation leave, sick leave, and personal days unless the City
Commission authorizes payment of same.
13. Professional Development.
13.1 Subject to City policy and state law, the City agrees to pay the reasonable professional
dues and subscriptions of the Attorney necessary for her continuation and participation as a member in
national, regional, state and local professional associations and organizations necessary and
desirable for her continued professional participation, growth and advancement, and for the good of
the City. The Attorney shall not hold office in any local, state, regional or national professional
association or organization without prior written approval of the Commission.
13.2 Subject to City policy and state law, the City agrees to pay the travel and reasonable
per diem expenses of the Attorney for travel to one national and one state association conferences per
year. The Attorney may, with the advance written approval of the City Commission, attend additional
national or state conferences, or both.
14. Notice. Notices pursuant to this Agreement shall be given by hand delivery or by certified mail
through United States Postal Service delivery, addressed as follows:
City: Mayor and Members of the City Commission
City of Dania Beach
100 W Dania Beach Blvd
Dania Beach, FL 33004
City Attorney: Eve Boutsis, City Attorney
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
15. Real Estate Investments Prohibited. Without the Commission's written approval, the
Attorney shall not directly or indirectly invest in real estate within the City, except for her
primary residence.
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16. Other Terms and Conditions.
16.1 If any provision, or any portion of a provision contained in this Agreement is held to be
unconstitutional, illegal, invalid, or unenforceable, the remainder of this Agreement, or any portion
of it, shall not be affected and shall remain in full force and effect.
16.2 The waiver by either party of a breach of any provision of this Agreement by the other
shall not operate or be construed as a waiver of any subsequent breach by that party.
16.3 The rights and obligations in this Agreement are personal in nature and cannot be
transferred by the Attorney.
16.4 This Agreement contains the entire agreement of the parties. It shall not be
changed or amended unless by an amendment in writing signed by the parties.
16.5 In the event of any litigation which arises out of, pertains to, or relates to this
Agreement, or the breach of it, or the standard of performance required in it, each party shall
bear its own attorney fees and costs.
16.6 This Agreement shall be governed by Florida law and any litigation which may arise
from this Agreement shall be filed and litigated in Broward County, Florida. The parties waive the
right to a jury trial.
IN WITNESS OF THE FOREGOING, the parties have executed this Agreement, in
duplicate, on the day and year first written above.
ATTEST:
THOMAS SCHNEIDER, CMC
CITY CLERK
APPROVED FOR FORM AND CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
CITY:
CITY OF DANIA BEACH, FLORIDA
a Florida Municipal Corporation
TAMARA JAMES
MAYOR
Dated: , 2021.
8 RESOLUTION #2021-153
WITNESSES:
Signature
PRINT Name
Signature
PRINT Name
STATE OF FLORIDA)
COUNTY OF BROWARD)
CITY ATTORNEY:
EVE A. BOUTSIS
DATE
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, on , 2021, by Eve A. Boutsis, who is personally known to
me or has produced identification
Notary Public, State of Florida
My Commission Expires:
Print Name
9 RESOLUTION #2021-153