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HomeMy WebLinkAboutR-2024-104 City Attorney Eve Boutsis - Employment Agreement ExtensionRESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY COMMISSION TO ENTER INTO AN EXTENSION OF EMPLOYMENT AGREEMENT WITH THE CITY ATTORNEY, EVE A. BOUTSIS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. 2021-153, at the Commission meeting held on October 12, 2021, the Commission authorized the execution of the City Attorney, Eve A. Boutsis' employment contract; and WHEREAS, Ms. Boutsis' current agreement will expire on January 3, 2025; and WHEREAS, Ms. Boutsis is requesting that her current employment agreement be extended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission authorizes the proper City Officials to execute the extension of employment agreement with Ms. Boutsis with specific terms and conditions, a copy of which Agreement is attached as Exhibit "A" and is incorporated by reference into this Resolution. Section 2. That the City Attorney is authorized to make minor revisions consistent with the decision of the City Commission. 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 10 days after its passage and adoption. PASSED AND ADOPTED on ry _ _, 2024 Motion by / c [U °- ('(A l a second by SPACE INTENTIONALLY LEFT BLANK FINAL VOTE ON ADOPTION: Commissioner Joyce L. Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen Mayor Archibald J. Ryan IV ELORA RIER CITY CLERK Unanimous Yes No 0 e APPROVED AS TO FORM AND CORRECTNESS: TTORNEY RESOLUTION #2024- THIS EMPLOYMENT AGREEMENT (this "Agreement") is made and entered into on , 2024, between the City of Dania Beach (the "City") and Eve Boutsis, the City Attorney (the "Attorney"). 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 five (5) years commencing January 4, 2025, (the "Commencement Date") and ending on January 3, 2030, 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, 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 2 consent of the Commission, the Attorney, from time to time, may engage in teaching opportunities so 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 Salary. The annual salary of the Attorney shall be Two Hundred and Thirty Two Thousand One Hundred and Ninety Dollars ($232,190.00), 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. Automobile and Electronics, Etc. 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 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. 7.3 The City shall provide the City Attorney the benefits provided to employees as provided in the City's Personnel Policy Manual (PPM). 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 the rate 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 provided for all employees, which is three (3) percent 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 1 ' of each year beginning January 1, 2022. If additional dates of authorized leave are provided to employees (i.e. bereavement leave, floating holiday or any other policy change) the City Attorney shall automatically be entitled to the same benefit. 11 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 If the Attorney is terminated without cause, 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, personal days, or other authorized and accrued days off. 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 bi- weeklyupon 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). 5 12. Termination of Agreement by Attorney. 12.1 hi the event that the Attorney resigns during the term of this Agreement, the 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. 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. 162 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 parry. 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 parry 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. 7 IN WITNESS OF THE FOREGOING, the parties have executed this Agreement, in duplicate, on the day and year first written above. ATTEST: ELORA REIRA CITY CLERK APPROVED FOR FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY CITY: CITY OF DANIA BEACH, FLORIDA a Florida Municipal Corporation ARCHIBALD J. RYAN IV MAYOR Dated: 2024. 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 , 2024, by Eve A. Boutsis, who is personally known to me or has produced identification Notary Public, State of Florida My Commission Expires: Print Name 0