HomeMy Public PortalAbout22-9960 James Wright Employment AgreementSponsored by Vice Mayor Taylor
RESOLUTION NO. 22-9960
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, APPROVING AN
EMPLOYMENT AGREEMENT WITH JAMES B.
WRIGHT; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on January 14, 2022, the City Commission of the City of Opa-Locka
("City Commission") appointed James B. Wright as Interim City Manager to serve for a
term not to exceed nine (9) months starting at 12:01 AM on February 1, 2022, and
requiring a national search for the appointment of a permanent City Manager for which
the Interim City Manager may be considered; and
WHEREAS, the City Commission further appointed James B. Wright as Acting
City Manager up to and including 12:00 AM on February 1, 2022; and
WHEREAS, the Commission desires to enter into an Employment Agreement
with James B. Wright, consistent with the City Charter, City of Opa-Locka's Code of
Ordinances, relevant resolutions, statutes, laws and constitutional provisions applicable
to the positions of Acting City Manager and Interim City Manager; and
WHEREAS, it is the desire of the Commission to provide certain benefits and
establish certain conditions of employment for James B. Wright in accordance with the
attached Agreement, Exhibit "A"; and
WHEREAS, the City Commission finds that it is in the best interest of the City to
approve the Agreement, attached hereto as Exhibit "A".
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the parties agree as follows:
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS:
Section 1. Adoption of Representations. The foregoing "Whereas" clauses
are hereby ratified and confirmed as being true, and the same are hereby made a
specific part of this Resolution.
Resolution No. 22-9960
Section 2. Authorization and Approval.
The City Commission of the City of Opa-Locka hereby approves the
Employment Agreement with James B. Wright consistent with Exhibit "A" attached
hereto.
Section 3. Scrivener's Errors.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Attorney, without need of public hearing, by filing a corrected copy of same with the
City Clerk.
Section 4. Effective Date.
This Resolution shall be effective immediately and upon adoption hereof and
approval by the Governor of the State of Florida or Governor's designee.
PASSED and ADOPTED this 26th day of January 2022.
Veronica J. W liams, Mayor
ATTEST:
nna Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
B +%• dette No - is -Weeks, P.A.
City Attorney
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Resolution No. 22-9960
Moved by: Commissioner Dominguez
Seconded by: Commissioner Taylor
VOTE: 3-2
Commissioner Bass NO
Commissioner Davis YES
Commissioner Dominguez YES
Vice Mayor Taylor YES
Mayor Williams NO
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EMPLOYMENT AGREEMENT
BETWEEN
JAMES B. WRIGHT
AND
THE CITY OF OPA-LOCKA, FL
THIS EMPLOYMENT AGREEMENT hereinafter called this "Agreement", is made
and entered into as of the a� day of aArlOcorq , 2022, by and between the City
Commission, hereinafter referred to as the "City" or "Commission", of the City of Opa-Locka, a
political subdivision of the State of Florida, hereinafter called the "Employer", and James B.
Wright, hereinafter referred to as "City Manager".
W -I -T -N -E -S -S
WHEREAS, the Commission desires to employ the services of James B. Wright, as the
Acting City Manager until February 1, 2022 at 12:00 AM and starting at 12:01 AM as the
Interim City Manager, hereinafter both referred to as the "Manager", pursuant to the terms of the
Opa-Locka City Charter, hereinafter referred to as the "Charter", the City of Opa-Locka Code of
Ordinances, hereinafter referred to as the "City Code" and all statutes, applicable resolutions,
laws and constitutional provisions applicable to the position of Manager, and,
WHEREAS, it is the desire of the Commission to provide certain benefits and establish
certain conditions of employment for City Manager as the Manager in accordance with this
Agreement; and,
WHEREAS, it is the desire of the Commission that this Agreement comports with prior
resolutions concerning the applicable term of the Manager; and
WHEREAS, City Manager desires to accept employment as the City Manager in
accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
Section 1. Employment.
A. The Commission hereby hires and appoints James B. Wright as the City Manager, under
the terms established herein, to perform the duties and functions specified in the Charter,
the City Code and all statutes, laws, constitutional provisions and other City ordinances,
regulations, applicable resolutions and policies applicable to the position of a City
Manager, and to perform such other legally permissible and proper duties and functions as
the Commission shall assign from time to time.
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B. The Commission's employment of the Manager was effective on the date services were
approved and shall continue as consistent with the terms of this Agreement and prior
resolutions. This Agreement shall remain in effect until terminated by the Commission or
by the City Manager as provided herein.
C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the
Commission to terminate the services of the Manager at any time, subject only to the
provisions set forth in Section 3 of this Agreement.
D. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the
Manager to resign at any time from his position as the Manager, subject only to the
provisions set forth in Section 4 of this Agreement.
E. It shall be the duty of the City Manager to employ, direct, assign, reassign, evaluate, and
accept the resignations of all the City Staff under his supervision consistent with the City
rules, policies, ordinances, charter, county, state and federal law.
F. It shall be the duty of the City Manager to organize, reorganize and arrange the City Staff
of the City and to develop and establish internal regulations, rules, and procedures which
the City Manager deems necessary for the efficient and effective operation of the City
consistent with the lawful City directives, policies, ordinances, city charter, county, state
and federal law.
G. The Manager shall perform the duties of a City Manager with reasonable care, diligence,
skill and experience.
Section 2. Duties and Obligations.
A. The Manager shall have the duties, responsibilities and powers of said office under the City
of Opa-Locka Charter, Code of Ordinances and all statutes, laws, constitutional provisions
and other city ordinances, regulations, resolutions and policies applicable to a position of
City Manager. The Manager shall carry these out in a professional and competent manner.
B. The Manager shall remain in the exclusive employ of the Commission and shall devote all
such time, attention, knowledge and skills necessary to faithfully perform his duties and
responsibilities, and to exercise his powers under this Agreement. The Manager shall be
limited to a maximum of five (5) hours of outside employment per week.
C. In the event the Manager shall serve on any appointed or elected board of any professional
organization, or serve on any committees related to his professional activities, in the event
any monies are paid, or gifts received, by him related to such service, such money or
property shall be paid over to or delivered to the City, unless otherwise approved by the
Commission.
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Section 3. Termination.
A. Termination without Cause. The Commission may, at any time up to the term, terminate
the employment of the Manager, without cause, by an affirmative vote of not less than
three (3) members of the Commission. If the Manager is terminated without cause, he shall
be entitled to no more than twenty (20) weeks of a severance payment as otherwise
consistent with Section 215.425, Florida Statutes. Additionally, Manager shall be paid at
100% for all remaining leave time as granted to all other employees. All available leave
time shall be provided by Manager to the City Commission no less than one time each year
to coincide with the annual evaluation process of the City Manager.
B. Termination for Cause. The Commission may also, for cause, terminate the employment of
the Manager at any time whatsoever, by affirmative vote, of not less than three (3)
members of the City Commission. The term "for cause" shall be deemed to include: gross
negligence in the handling of City affairs; willful violation of the provisions of law; willful
disregard of a direct order, demand, or policy of the Commission; conduct unbecoming a
public City Manager; illegal or habitual drug abuse; arrest; conviction of a felony;
conviction of any crime involving moral turpitude or any crime relating to official duties;
or violation of the Florida Ethics Code. For the purpose of this subsection, if the City
Manager pleads guilty or nolo contendere or is found guilty of a felony, he shall be deemed
to have been convicted, notwithstanding a suspension of sentence or a withholding of
adjudication. If terminated for cause, the Manager shall be entitled to receive any earned
and accrued annual, sick and compensatory leave, as applicable.
Section 4. Resignation.
A. In the event the Manager voluntarily resigns his position, he thereby agrees to give the City
not less than thirty (30) days' written notice prior to effective date of any voluntary
resignation, unless the parties agree otherwise.
B. All actions pursuant to this Agreement should be performed within thirty (30) days of
resignation or termination, unless a different time period is negotiated between City
Manager and City.
Section 5. Compensation and Annual Review.
A. The City shall pay the Manager, for his service, an annual base salary of One Hundred
and Sixty Two Thousand Two Hundred Dollars ($162,200.00) payable in equal monthly
installments. At any time during the term, the Commission may agree to increase the
base salary and/or other benefits received by the Manager in such amounts and to such
extent as the Commission may determine to be desirable in its sole discretion.
B. Beginning in year 2022, as determined by the Commission, the Commission shall review
and evaluate the performance of the City Manager. If the Manager continues beyond the
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initial term, an evaluation shall take place at least once every fiscal year between August
1St and September 1St in writing. Said review and evaluation shall assess the City
Manager's performance of all duties and responsibilities, and his exercise of all powers
for which he is responsible under this Agreement during the immediately preceding
period. Failure by the Commission to conduct such a review and evaluation in any given
year shall not be considered a breach of this Agreement.
C. Annually, the Commission and the City Manager shall jointly define goals and
performance objectives determined necessary for the proper operation of the City and for
the attainment of the Commission's policy objectives, and shall further establish a relative
priority among those various goals and objectives, and said objectives and goals may be
reduced to writing. Objectives and goals hereunder shall generally be attainable within the
time limitations specified and shall take in to account the City's annual operating budget
and capital budget and appropriations provided thereunder.
Section 6. Retirement.
The City shall enroll the City Manager in the Florida Retirement System for the City Manager's
retirement benefit participation and shall contribute share of three percent (3%) on behalf of the
City Manager.
Section 7. Communications Equipment.
The City Manager is required to be on call for twenty-four hour service. In recognition thereof:
The City shall issue a city owned cell phone for City business purposes.
Section 8. Other Benefits.
The City Manager shall be entitled to the following:
Except as otherwise be limited under the terms of this agreement, the Manager shall be entitled
to earn, use, accrue, and be compensated for 15 days of sick leave, and 25 vacation days per year
upon execution of this agreement. The Manager shall further be provided a bank of 7.5 days of
sick and 14.5 days of vacation leave upon the execution of this agreement.
Section 9. Insurance.
A. The Commission agrees to provide to the City Manager and his dependents with health
insurance coverage equivalent to that provided for other City employees.
B. The City shall pay the monthly premium of the Manager's life insurance policy. The
Manager shall remain as the owner of the policy and payable to his selected
beneficiary.
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Section 10. No Reduction of Benefits
The Commission shall not at any time during the term of this Agreement, reduce the salary,
compensation or other financial benefits of the Manager, except and to the degree and extent
such reduction is also imposed for all non-union employees of the City.
Section 11. Disability
A. If City Manager is permanently disabled or is otherwise unable to perform his duties because
of sickness, accident, injury, mental incapacity or health for a period of twelve successive weeks,
the City shall have the option to terminate this Agreement, in accordance with the provisions and
requirements of Section 3A (without cause) for the term of the contract. Any payments due to
City Manager will be offset by any disability benefits City Manager receives from or through the
City for the twelve (12) week period.
B. Where necessary, to determine whether to continue the services of City Manager due to his
disability, the City reserves the right to require a physical or psychiatric examination by a
qualified physician or psychiatrist to be chosen by the City from a list of at least three doctors
approved by the City. In the event such an examination is required, the City will pay all costs of
said examination.
Section 12. General Professional Development
City agrees to budget and pay for reasonable participation in such conferences, forums, and
seminars as approved by the City and to pay such reasonable professional dues and
subscriptions. The City Manager shall be offered reasonable participation with national, regional,
state, and local associations and organizations necessary and desirable for his continued
professional growth and advancement.
Section 13. Defense of Manager
The City shall defend and indemnify and pay all judgements or settlements in regard to
liability arising out of and in the scope of the City Manager's responsibilities, to the
fullest extent authorized by Florida Statutes, and other laws and in accordance with the City of
Opa-Locka's Code of Ordinances. The City agrees to pay all reasonable litigation expenses of
Manager during the pendency of proceedings only if actions were taken in the course and scope
of the Manager's employment.
Section 13. Bonding
City shall bear the full cost of any fidelity or other bonds required of the City Manager under any
law or ordinance.
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Section 14. Other Terms and Conditions of Employment
The City, only upon agreement with Manager, shall fix any such other terms and conditions of
employment, as it may determine from time to time, relating to the performance of the Manager,
provided such terms and conditions are not inconsistent with or in conflict with the provisions of
this Agreement, City Charter, local ordinances or any other laws.
Section 15. Notices
Notice pursuant to this Agreement shall be given by depositing in the custody of the United
States Postal Service by certified mail return receipt, or any other certified delivery service
showing confirmation of process delivery and directed to the City Mayor, City Attorney as to the
City. As to the City Manager, notice may be made by hand -delivery at the Officers of the City
Hall (if City Manager is working for City) or by certified delivery service showing confirmation
of process at the last known address of the City Manager as maintained within the City
Manager's employment file or other reliable source.
Section 15. Entire Agreement
The text of this document shall constitute the entire Agreement between the parties, except as
may be amended in writing by the parties hereto. All provisions contained in this Agreement are
subject to and conditioned upon compliance with the Charter, the County Code and all statutes,
laws, constitutional provisions, County Ethics Ordinances and other County ordinances,
regulations, applicable resolutions to. Manager and prior approved policies. This Agreement may
also be subject to review by the Governor's designee for financial oversight of the City. The
Charter, City Code and all such statutes, laws, constitutional provisions and other County
ordinances, regulations, state and local regulations and applicable policies shall take precedence
over any part or portion of this Agreement, any other provisions of this Agreement to the
contrary notwithstanding. For purposes of this Agreement, venue shall be in Miami -Dade
County.
Any terms and conditions not specifically addressed in this Agreement shall be deemed to be
addressed in the City's approved Personnel Rules for employees, to the extent there is no conflict
with this Agreement. Said rules shall have been in existence prior to the execution of this
Agreement.
THIS SPACE IS INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to have been
executed on behalf of each as of the date and year first above -written.
MANAGER:
James B. Wright
THE CITY:
City Commission of Opa-Locka, a political
subdivision of the State of Florida:
By:
City Mayor
Attest:
City Clerk
City Attorney
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