HomeMy WebLinkAboutAgreementEMPLOYMENT AGREEMENT
THIS AGREEMENT, effective the g`h day of May 2018 (the "Effective Date") by
and between the CITY OF SEBASTIAN (CITY), and J. Michelle Morris (EMPLOYEE),
governs the terms and conditions of EMPLOYEE'S employment. This document
contains seven (7) pages.
WHEREAS, CITY desires to retain the services of an administrative officer to
manage, direct, supervise and coordinate the activities of its Police Department; and
WHEREAS, CITY desires to appoint a Police Chief; and
WHEREAS, CITY agrees to employ EMPLOYEE and EMPLOYEE agrees to
accept employment with CITY in the position of Police Chief; and
WHEREAS. it is the desire of CITY to establish terms and conditions of
employment, and to codify working conditions of EMPLOYEE; and
NOW THEREFORE, in consideration of the mutual covenants herein contained,
CITY and EMPLOYEE agree as follows:
I. DUTIES.
A. A job description for the position delineating specific job
duties is attached hereto as Exhibit A and incorporated herein by this reference.
B. CITY agrees that the Police Chief shall be the chief
administrative officer of the Police Department, subject to the supervision of the City
Manager, pursuant to Section 3.06 of the City Charter.
II. DURATION OF AGREEMENT.
A. EMPLOYEE shall serve at the pleasure of the City Manager
and shall be an at -will contractual employee of the CITY, and waives any rights to a pre -
or post -disciplinary hearing in the event of discipline, including termination.
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B. Nothing in this Agreement shall prevent, limit, or otherwise
interfere with the right of City Manager to terminate the employment of EMPLOYEE at
any time, subject only to the provisions set forth in Section X.
C. Nothing in this Agreement shall prevent, limit, or otherwise
interfere with the right of the City Manager to cancel this Agreement, subject only to the
provisions set forth in Section III (B) and (C).
D. Nothing in this Agreement shall prevent, limit, or otherwise
interfere with the right of EMPLOYEE to resign at any time, subject only to the
provisions set forth in Section III (A).
E. The duration of this Agreement shall be for a period of two
(2) years, commencing the 9th day of May 2018, until the 8th day of May 2020.
F. Extension of Agreement. In the event either party to this
Agreement does not give written notice to the other party at least ninety (90) days prior
to the expiration date, this Agreement shall be extended for two (2) years on the same
terms and conditions as set forth in this Agreement. Said Agreement shall continue
thereafter for two-year periods, unless either party provides written notice to the other
party at least ninety (90) days prior to the expiration date of the current period of the
Agreement. In the event either party provides written notice at least ninety (90) days
prior to the expiration date of the initial term or renewal, the Agreement will expire and
EMPLOYEE shall only be compensated for eligible accrued benefits to date, based on
the limitations and conditions detailed herein.
III. CANCELLATION OF AGREEMENT.
The parties agree that this Agreement may be canceled in one of the
following ways:
A. EMPLOYEE may cancel this Agreement providing at least
60-days written notice to City Manager of EMPLOYEE'S voluntary resignation, unless
the parties agree otherwise. A timely notice constitutes a "good standing" separation.
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EMPLOYEE acknowledges and understands that, in the event of a voluntary
resignation, EMPLOYEE is not entitled to any severance pay.
B. City Manager may cancel this AGREEMENT in the event
EMPLOYEE voluntarily abandons the position. A position is considered abandoned
after unauthorized absences from work for a consecutive period of three (3) working
days (or three (3) assigned shifts) occur. EMPLOYEE is not entitled to severance pay in
the event of cancellation due to abandonment.
C. If EMPLOYEE is convicted of a misdemeanor involving
moral turpitude or a felony violation of Florida or federal criminal law, such charges
arising from the events and prosecution occurring during the term of this Agreement,
City Manager shall have the option of canceling this Agreement without being obligated
to pay any severance pay.
IV. TERMINATION OF EMPLOYMENT. City Manager may, with or
without cause, terminate the employment of the EMPLOYEE at any time. If the
EMPLOYEE is terminated before the expiration of the Agreement as set forth in Section
II (E), EMPLOYEE shall be entitled to severance pay as set forth in Section X.
EMPLOYEE shall also be compensated for all eligible accrued benefits to date, based
on the limitations and conditions detailed herein.
V. PERFORMANCE CRITERIA AND EVALUATIONS.
A. At least annually, City Manager (or his/her designee) shall
meet with EMPLOYEE to establish performance standards, departmental goals and
criteria for a performance evaluation. Shortly before each annual anniversary date of
this Agreement, City Manager (or his/her designee) shall, in accordance with criteria
previously established, review and evaluate the performance of EMPLOYEE.
B. City Manager (or his/her designee) shall provide
EMPLOYEE with a written performance evaluation and provide an opportunity for
EMPLOYEE to discuss the contents thereof with City Manager (or his/her designee) for
the purpose of advancing the overall effectiveness of EMPLOYEE in her position.
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VI. HEALTH, DISABILITY, AND LIFE INSURANCE.
A. CITY agrees to provide disability, accidental death and
dismemberment, and life insurance for EMPLOYEE and to pay the premiums
commensurate with other exempt department heads.
B. CITY agrees to provide comprehensive health and
hospitalization insurance coverage, which includes medical, dental, and vision
insurance for EMPLOYEE and EMPLOYEE'S dependents (if eligible), provided
EMPLOYEE pays the required contribution(s). Contributions, co -payments, and other
fees shall reflect the rate(s) applicable to CITY employees, (if needed).
VII. SECONDARY EMPLOYMENT. EMPLOYEE agrees not to accept
any other full-time employment. However, City Manager agrees that EMPLOYEE shall
be allowed to accept part-time employment and to accept normal compensation for
such endeavors, provided such part-time employment shall be scheduled so as to not
interfere with the normal operations of the CITY and shall require the prior written
approval of City Manager.
VIII. SICK, ANNUAL, PERSONAL, BEREAVEMENT, AND MILTARY
LEAVES, AND OTHER AUTHORIZED ABSENCES.
SICK TIME. EMPLOYEE shall be granted ninety-six (96) hours sick time
annually. Said sick time may only be used in accordance with the provisions outlined in
the City's Personnel Rules and Regulations. Upon leaving CITY employment in good
standing, EMPLOYEE shall be compensated for unused sick time, in accordance with
the Exempt Employee Benefits Package. Payments are limited to a maximum of one
thousand (1,000) hours.
ANNUAL LEAVE. EMPLOYEE shall accrue annual leave on a bi-weekly
basis as outlined in Exempt Employee Benefits Package.
Annual leave may only carry over a maximum of four hundred (400)
regular hours each October 1(unless approval by City Manager). If EMPLOYEE leaves
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CITY employment for any reason, she shall receive payment for any accrued annual
leave as of the date of separation.
PERSONAL DAYS. EMPLOYEE shall be granted three (3) paid personal
leave days upon each fiscal year. Paid personal leave days may not be accrued from
year-to-year. Personal days are not compensated upon separation from City
employment.
BEREAVEMENT, MILITARY AND OTHER AUTHORIZED
LEAVES/ABSENCES may be granted, pursuant to the City's Personnel Rules and
Regulations, and in accordance with applicable law.
IX. RETIREMENT
A. The CITY agrees the Police Chief receives the same
pension benefits and contributions as all other law enforcement employees per Section
58 Article III of CITY Code of Ordinances.
B. EMPLOYEE acknowledges that, pursuant to the Fair Labor
Standards Act (FLSA), EMPLOYEE qualifies for the "ADMINISTRATIVE," employee
exemption. As an exempt employee, EMPLOYEE is paid a weekly salary, not subject to
minimum wage or overtime provisions of the FLSA. As such, EMPLOYEE shall do
things necessary and required to be available to CITY during the term of this
Agreement.
C. AUTOMOBILE EXPENSES. EMPLOYEE will receive a
CITY -issued vehicle for local and out -of -area business travel. EMPLOYEE will also
receive mileage reimbursement for use of EMPLOYEE'S personal vehicle for local and
out -of -area business travel at the CITY rate, which shall annually coincide with the
Internal Revenue Service's standard mileage rate (if needed).
D. COMMUNICATION EXPENSES. CITY hereby agrees to
provide EMPLOYEE with a cell phone, for use in the normal conduct of business, in
accordance with City policy.
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X. SEVERANCE PAY. In the event EMPLOYEE is terminated without
cause, CITY shall pay EMPLOYEE twenty (20) weeks salary and grant credited service,
including any contribution to the pension fund necessary therefore, to provide
EMPLOYEE with the normal retirement benefit as set forth in Section 58.51, Code of
Ordinances to the extent permitted by IRS Regulations.
XI. GENERAL EXPENSES. CITY recognizes that certain expenses of
a non -personal and job -affiliated nature may be incurred by EMPLOYEE, and hereby
agrees to reimburse or to pay said general expenses, subject to prior approval of City
Manager and in accordance with City policy. The Finance Director is hereby authorized
to disburse such monies upon receipt of duly executed expense or petty cash vouchers,
receipts, statements, or personal affidavits.
XII. CIVIC CLUB MEMBERSHIPS. CITY recognizes the desirability of
representation in and before local civic and other organizations. EMPLOYEE shall
present to City Manager for his/her review and approval a listing of civic organizations
for which, if approved, the CITY shall pay all expenses on EMPLOYEE'S behalf.
XII. EMPLOYEE HANDBOOK. Terms and conditions of EMPLOYEE'S
employment not specifically set forth in this Agreement shall be governed by the City's
Personnel Rules and Regulations for non -bargaining unit employees, provided said
provisions are not inconsistent with or in conflict with the provisions of this Agreement,
CITY Code of Ordinances and/or any law.
XIII. MODIFICATIONS. No change or modification of this Agreement
shall be valid unless it is reduced to writing and signed by both parties.
XIV. GOVERNING LAW. This Agreement shall be construed and
governed by the laws of the State of Florida, and venue for any proceedings brought
hereon shall be in Indian River County, Florida. The CITY shall indemnify the
EMPLOYEE in the same manner and the same status as any full-time employee subject
to the provisions of Florida Statutes Chapter 111, 768.28 and applicable provisions of
112.
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XV. SEVERABILITY OF PROVISIONS. If any clause or provision of
this Agreement shall be determined to be illegal or to be void as against public policy,
the remainder of this Agreement shall not be affected thereby.
IN WITNESS WHEREOF, the parties hereunto have set their hands to
this instrument this 25t' day of April 2018.
ichelle Morris
IPLOYEE
ATTEST:
.1A�lY�.�.( C��X-t.LQ-l�✓LQ.
J nette Williams, MMC
ity Clerk
(SEAL)
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V4 -
Joseph Griffin
City Manager
Approved as to form and legality for
reliance by the City of Sebastian only:
Jari�rg'S`tokes
City Attorney
Position T@le: Police Chief Job Code Number.
Department Police Pay Grade: 87e
Date: 1221/2000 Union: No (Exempt)
CITY OF SEBASTIAN
CLASSIFICATION DESCRIPTION
POSITION TITLE: POLICE CHIEF
GENERAL DESCRIPTION OF DUTIES
Under direction of the City Manager, the purpose of the position Is to provide overall direction and
management for all aspects of law enforcement operations for the City of Sebastian Police
Department. Employees in this classification function as Department Director, and- administer
department operations through subordinate management and supervisory personnel. Incumbents
perform complex administrative work requiring extensive knowledge of the agency's fiscal structure,
and exercise of critical judgment and initiative regarding functions under charge. Performs related
work as directed.
SPECIFIC DUTIES AND RESPONSIBILITIES
ESSENTIAL FUNCTIONS
Administers Department of Law Enforcement operations for the City of Sebastian.
Exercises primary operational and administrative control over department functions, to include
coordinating department activities. with other jurisdictions.
Evaluates crime prevention and law enforcement problems of the City.
Prepares proposed and final department budgets; prepares such for presentation to various
committees, the City Manager and the City Council.
Develops policies, procedures and priorities to meet established goals.
Supervises and participates in training of members of the department in police methods, procedures
and duties with particluar attention to personnel at the administrative and supervisory level.
Implements organizational restructuring and administrative changes where applicable.
Reviews existing organizational patterns, work relationships, equipment, and staffing; plans and
implements new programs to increase effectiveness and efficiency of department operations.
Determines budgetary needs and prepares operating budget; implements and monitors adherence
to such according to approved/established budgetary guidelines.
Evaluates trends and developments in police techniques, technologies, and operations; promotes
effective operations through standardization as appropriate.
Devises strategic, fiscal and capital Improvement plans for the department.
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Conducts operational Inspections of department organizational units; ensures compliance with
departmental regulations and policies.
Coordinates police response to speck or unusual conditions; directs response to critical incidents,
emergencies, and large scale events.
Coordinates with other regions, units, and/or agencies on mutual law enforcement and crime
prevention initiatives; provides assistance to such as needed.
Responds to oral and written public concerns, inquiries, and complaints; provides information on
departmental regulations and procedures; resolves personally or directs to appropriate entities.
Prepares various narrative and statistical reports In presenting findings, recommending solutions,
providing information and documenting department activities; provides for review and approval of
various administrative reports.
Attends/facilitates/chairs various meetings, conferences, and workshops in representing the agency
and department; establishes cooperative communications between the agency and groups.
Provides testimony in legal proceedings as required.
Reviews and evaluates personnel performance reports; recommends disciplinary actions as
appropriate; recommends promotion procedures as appropriate.
Assists the Department of Human Resources with labor contract negotiations and labor relations.
Maintains current knowledge of professional standards, and trends and developments in law
enforcement administration for application to functions under charge.
Operates a law enforcement vehicle.
MARGINAL FUNCTIONS
While the following tasks are necessary for the work of the unit, they are not an essential part of the
purpose of this position and may also be performed by other unit members.
Performs related duties as directed.
MINIMUM TRAINING AND EXPERIENCE
Minimum Bachelor's degree in Criminal Justice, Justice Policy Management, Public Administration or
related field, with Master's degree preferred; supplemented by ten (10) or more years cumulative
experience and progression through an established law enforcement rank structure, the majority of
which shall be acquired through supervision, management and/or administration of one (1) or more
major/cdtfcal law enforcement functions, preferably for a large scale law enforcement agency; or an
equivalent combination of education, training, and experience.
SPECIAL REQUIREMENTS
Minimum nineteen (19) years of age at time of appointment; State Law Enforcement Officer
Certification; possess and maintain a valid Florida driver's license throughout employment without any
restrictions which affectjob performance.
PERFORMANCE APTITUDES
Data Utilization: Requires the ability to synthesize and integrate data and/or information for predicting,
anticipating, and planning for future events impacting the organization. Includes determining -strategic
and tactical decisions at the highest organizational levels of authority and responsibility.
Human Interaction: Requires the ability to function in a director capacity for a major organizational unit
requiring significant Internal and external interaction.
Eaulument Machinerv. Tools. and Materials Utilization: Requires the ability to operate, maneuver
and/or control the actions of equipment, machinery, tools, and/or materials used in performing
essential functions.
Verbal Aptitude: Requires the ability to udlize'conceptual data and information, as well as reference,
descriptive, design, advisory, consulting and synthesis data and Information as applicable.
Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and
division; ability to calculate decimals and percentages; may require ability to utl¢e principles of
descriptive statistics and statistical inference.
Functional Rea5.9ning: Requires the ability to apply principles of logical or conceptual thinking to
determine a wide range of both intellectual and practical relationships. Ability to exercise judgment and
make decisions to serve as guides and general directives for an entire organization.
Situational Reasoning: Requires the ability to exercise the judgment, decisiveness and creativity in
critical and/or unexpected situations involving high risk to the organization.
ADA COMPLIANCE
Physical Ability: Tasks involve the ability to exert light physical effort in sedentary to light work, but
which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight
(5-10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Tasks may
involve standing or walking for long periods of time. Tasks could also involve the ability to exert
extremely heavy physical effort in very heavy work, typically involving some combination of climbing
and balancing, stooping, kneeling, crouching, and crawling, and the lifting, carrying, pushing, and/or
pulling of objects and materials in excess of 100 pounds.
Sensory Reaulrements: Tasks require oral communications ability.
Environmental Factors: Tasks are regularly performed without exposure to adverse environmental
conditions, such as dirt, dust, pollen, odors, wetness, humidity, rain, fumes, temperature and noise
extremes, machinery, vibrations, electric currents, traffic hazards, animals/wildlife, toxioJpolsonous
agents, violence, disease, or pathogenic substances.
The City of Sebastian is an Equal Opportunity Employer. To comply with the Americans with Disabilities Act, the
City will provide reasonable accommodations to qualified Individuals with disablltles and encourages both
prospective and current employees to discuss potential accommodations with the employer.
This jab description is not Intended to be and should not be construed as an all Inclusive list of ell responsibilities, skips or warking
conditions associated with the position. While it Is Intended to accurately reflect the position activilles and requirements,
management resents the right to modify, add, or remove duties and assign other duties as necessary. This job description does
not constitute a written or implied contract of employment.
Approval: Approval:
City Manager Director of Human Resources
Effective Date:
Department of Human Resources
Revised 12-21410