HomeMy Public PortalAbout1993 Agreement.tifEMPLOYMENT AGREEMENT
THIS AGREEMENT (the "Agreement") is made and entered into
this 1st day of March, 1993, between the VILLAGE OF KEY BISCAYNE
(the "VILLAGE") and MICHAEL J. FLAHERTY, (the "EMPLOYEE"), pursuant
to the following terms and conditions:
BACKGROUND
The VILLAGE wants to employ the services of MICHAEL J.
FLAHERTY to be an exclusive employee, as the Police Chief of the
VILLAGE OF KEY BISCAYNE and the EMPLOYEE wishes to accept
employment as Chief of Police of the VILLAGE under the terms and
conditions set forth herein. The VILLAGE and EMPLOYEE desire to
provide for certain procedures, benefits and requirements regarding
the employment of EMPLOYEE by the VILLAGE; and
NOW, THEREFORE, in consideration of the mutual promises
and covenants contained herein and in consideration of the
forbearance of the EMPLOYEE from seeking or obtaining other
employment opportunities during the term of this Agreement,
the VILLAGE and EMPLOYEE agree to the following:
SECTION 1. DUTIES
Effective on the date of execution of this Agreement, the
VILLAGE agrees to employ the Employee as the Emergency Services
Director of the VILLAGE to perform the duties and exercise the
powers as prescribed by state law, the Village Charter and the
Village Code, and to perform such other legally permissible and
proper duties and functions as assigned by the Village Manager from
time to time. Any reference in this Agreement to Chief of Police,
Police Official, Police Employee or Employee, shall mean Emergency
Services Director.
SECTION 2. TERM
2.1 This Agreement shall have a term of five years unless
earlier terminated as provided in this Agreement.
2.2 Ninety (90) days prior to the expiration of this
Agreement, the Village Manager and the EMPLOYEE shall meet to
discuss renegotiation or renewal of this Agreement.
1
2.3 Nothing in this Agreement shall prevent, limit or
otherwise interfere with the right of the Village Manager to
terminate the services of EMPLOYEE at any time, subject only to
the provisions set forth in SECTION 3 of this Agreement.
2.4 Nothing in this Agreement shall prevent, limit or
otherwise interfere with the right of EMPLOYEE to resign at any
time from the position of Chief of Police, subject only to the
provisions set forth in SECTION 4 of this Agreement.
SECTION 3. TERMINATION BY VILLAGE AND SEVERANCE PAY
3.1 In the event the EMPLOYEE is terminated by the Village
Manager without cause, the VILLAGE shall pay to the EMPLOYEE
severance payment equal to the salary balance remaining on the
contract, such severance to be paid out in bi-weekly payments over
the remaining life of the contract.
The salary amount will be the entire salary at the date of
termination and will not be reduced in any way. The EMPLOYEE will
continue to get the 401A contribution by the Village and accrue
raises as if still employed. The EMPLOYEE will also continue with
full benefits for the remainder of the contract period, as if the
EMPLOYEE were actively employed by the VILLAGE. However, if the
EMPLOYEE accepts other employment, then the VILLAGE contribution
for medical benefits, car allowance, uniform allowance, physical
exam and the cafeteria benefit plan will be discontinued.
The EMPLOYEE shall also receive payment at the end of the
contract period for any accrued vacation and sick leave in
accordance with the VILLAGE's policies governing other employees.
The EMPLOYEE may also choose to take a lump sum cash payment for
salary and/or benefits if agreed to by the VILLAGE. The lump sum
payment would be made within fifteen (15) working days of
termination if the VILLAGE agrees to a lump sum payment after being
requested to do so by the EMPLOYEE.
3.2 With Cause. The EMPLOYEE may be terminated with cause by
the Village Manager for (1) continual Dereliction of Duty, which he
has been counseled about at a formal annual evaluation conference,
but has failed to correct said dereliction of duty within a
reasonable time frame; (2) habitual use of illicit drugs; (3)
conviction of a felony involving a breach of the public trust.
In the event the Employee is terminated by the Village Manager with
cause pursuant to this Paragraph 3.2, the VILLAGE shall pay to the
EMPLOYEE severance pay equal to twelve (12)months salary and
continue benefits for twelve months following termination.
2
3.3 In the event of termination pursuant to either Paragraph
3.1 or 3.2, the VILLAGE shall provide sixty (60) days notice, in
writing, to the EMPLOYEE.
SECTION 4. TERMINATION BY EMPLOYEE
4.1 In the event that the EMPLOYEE voluntarily resigns his
position during the term of this Agreement, the EMPLOYEE shall give
the VILLAGE at least sixty (60) days written notice prior to the
effective date of such resignation. If the EMPLOYEE voluntarily
resigns his position pursuant to this SECTION, the EMPLOYEE shall
not be entitled to receive severance pay, but shall receive payment
for accrued leave, holidays, and any other unused benefit accrued
but not used as of the date of termination.
4.2 If EMPLOYEE serves a police chief for the full five years
of this Agreement, then at such time as the EMPLOYEE subsequently
terminates his relationship with the VILLAGE, the EMPLOYEE shall be
entitled to six months severance pay with full benefits.
SECTION 5. COMPENSATION.
5.1 The EMPLOYEE shall be paid a salary of $65,000.00 per
year payable bi-weekly.
5.2 The EMPLOYEE, in order to afford to reside in Key
Biscayne, shall receive an additional $1,000.00 per month to be
added to the base salary, to increase the current annual base
salary to $77,000.00 per year.
5.3 The EMPLOYEE shall receive a 5% annual step increase.
5.4 The EMPLOYEE shall receive a cost of living increase
equal to the cost of living increase awarded to other police
officers or department heads, whichever is greater.
3
SECTION 6. HOURS OF WORK/EXCLUSIVE EMPLOYMENT
6.1 EMPLOYEE agrees to remain in the exclusive employ of the
VILLAGE and shall not accept any other employment during the term
of this Agreement. EMPLOYEE further agrees to devote that amount
of time and energy which is reasonably necessary for EMPLOYEE to
faithfully perform his duties under this Agreement. The term
"employment" does not mean occasional teaching, consulting or
writing performed during the EMPLOYEE's time off from work.
6.2 Hours of work shall be normally forty (40) hours per
week. It is recognized that due to the nature of the position that
the EMPLOYEE must devote time outside of normal business hours to
the business of the VILLAGE, and to that end the EMPLOYEE shall be
allowed to adjust work hours and take compensatory time.
SECTION 7. AUTOMOBILE
The VILLAGE shall pay EMPLOYEE a monthly transportation
allowance in the amount of $400.00 for use of his private
automobile in furtherance of his duties.
SECTION 8. INSURANCE AND INDEMNIFICATION
8.1 The EMPLOYEE shall receive $5,000.00 per year toward
expenses for insurance for medical, dental, optical, prescription
plan, etc., a package the EMPLOYEE currently maintains through the
Prince George's County, Maryland, Government. Any excess funds
could be directed by the EMPLOYEE toward additional health or life
insurance options selected by the EMPLOYEE and/or toward similar
options provided in the EMPLOYEE's "Cafeteria Benefits Plan". The
pretaxed payment will be directed by the EMPLOYEE and paid by the
VILLAGE to the appropriate insurance carriers. Also, excess
amounts could be received as taxable income by the EMPLOYEE at his
option.
8.2 Indemnification. VILLAGE shall defend, save harmless and
indemnify EMPLOYEE against any tort, professional liability claim
or demand or other legal action, whether groundless or otherwise,
arising out of an alleged act or omission occurring in the
performance of EMPLOYEE's duties as Chief of Police. VILLAGE will
compromise and settle any such claim or suit and pay the amount of
any settlement or judgment rendered thereon.
4
8.3 Bonding. VILLAGE shall bear the full cost of any
fidelity or other bonds required of the EMPLOYEE under any law or
ordinance.
SECTION 9. OTHER EMPLOYEE BENEFITS.
9.1 EMPLOYEE shall be entitled to the same benefits currently
provided other police officials and department heads and will be
entitled to additional benefits that may be granted to other police
employees or department heads in the future.
9.2 "The Village of Key Biscayne Public Safety Department
Employee Benefits Overview", outlining our current benefit package
offered to all police employee is attached hereto and made a part
thereof this Agreement (Exhibit A). The only areas not granted to
the EMPLOYEE are "Overtime, and Recall of Personnel".
9.3 EMPLOYEE was credited with twelve (12) days annual leave
and twelve (12) days sick leave when hired and was given up to two
(2) weeks time to move his family and conduct business surrounding
the sale of his home in Maryland.
SECTION 10. NO REDUCTION IN BENEFITS
Unless imposed on all governmental employees and benefits
to keep pace with the consumer price index changes annually.
SECTION 11. NOTICE
Notices pursuant to this Agreement shall be given by
certified mail through United States Postal Service delivery,
addressed as follows:
VILLAGE
Village Manager
85 West McIntyre Street
Key Biscayne, FL 33149
5
With copies to:
Weiss Serota & Helfman, P.A.
Village Attorneys
2665 South Bayshore Drive
Suite 204
Miami, Florida 33133
EMPLOYEE Michael J. Flaherty
SECTION 12. PROFESSIONAL DEVELOPMENT
Membership dues, subscription fees, time, registration and
expenses for attendance to selected professional associations,
workshops, schools and seminars will be provided by the VILLAGE.
Permission will be granted for the EMPLOYEE to attend the F.B.I.
National Executive Institute, National F.B.I. Academy Associates,
Police Executive Research Institute (PERF), International
Association of Chiefs of Police, Florida Chiefs of Police
Association and similar training and development seminars.
SECTION 13. DEATH DURING EMPLOYMENT
Unused leave and vacation to be paid to spouse or estate along
with any additional benefits extended to other police officers, as
well as any life insurance benefits and ICMA retirement funds.
SECTION 14. OTHER TERMS AND CONDITIONS
15.1 If any provision, or any portion thereof, contained in
this Agreement is held to be unconstitutional, illegal, invalid, or
unenforceable, the remainder of this Agreement, or portion thereof,
shall not be affected and shall remain in full force and effect.
15.2 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.
15.3 The rights and obligations herein granted are personal in
nature and cannot be transferred by the EMPLOYEE.
6
15.4 This Agreement contains the entire agreement of the
parties. It may not be changed orally, but only by an amendment in
writing signed by the parties hereto.
15.5 in the event of any breach of the terms of this
Agreement, either party may submit such breach to final and binding
arbitration in accordance with Chapter 682, Florida Statutes.
Demand for such arbitration will be made to the American
Arbitration Association. Cost of the arbitration and legal fees to
be paid by the VILLAGE. This shall be the exclusive manner for
enforcing rights or addressing any breach of this Agreement.
15.6 This Agreement shall be binding on and insure to the
benefit of the respective parties, to their respective heirs, legal
representatives, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused the
Village Manager of the VILLAGE to affix his hand on behalf of the
VILLAGE and the Village Clerk of the VILLAGE to affix his hand
and the seal thereof on behalf of the VILLAGE and MICHAEL J
FLAHERTY as EMPLOYEE, have executed this Agreement on the day and
year first written above.
VILLAGE OF KEY BISCAYNE
ATTEST:
14—
VILLAGE LERK
APPROVED AS TO FORM:
I GE
ATTOR
NEY
RNEY
BY:
C. Samuei Kiss j ger
Village Manage
7
THE VILLAGE OF KEY BISCAYNE
Public Safety Department
Employee Benefits Overview
ANNUAL LEAVE:
HOLIDAYS:
Q0,1836
COURT TIME:
RECAL RSONNEL4 2 hours minimury. xat %'mod one-half
SICK LEAVE:
10 days per year after one (1) year
15 days per year after three (3) years
20 days per year after seven (7) years
12 paid holidays - 8 hours leave when holiday falls on regularly
scheduled day off and you don't work. Holidays worked on
regularly scheduled day off at time and one-half plus 12 hours of
annual leave. Holidays worked on regularly scheduled work days
at a rate of 12 hours annual leave or 8 hours pay. HOLIDAYS:
New Year's Day; Martin L. King's Birthday; President's Day;
Memorial Day; Good Friday; Independence Day; Labor Day;
Columbus Day; Veteran's Day; Thanksgiving Day; the Friday after
Thanksgiving and Christmas. The employee also receives his/her
birthday and two personal days as additional holidays.
Time an - 1alf
2 hours minimum pay at time and one-half
12 days per year, up to 480 hours and a sick -leave bank for
contributing time to fellow employees.
SOCIAL SECURITY: Employer contributed 7.65% above base salary to Social Security.
RETIREMENT SAVINGS Employer contributes 11% of base salary to I.C.M.A. 401(a) plan
PLAN: for directed investment of employee in addition to a 6% tax -
deferred contribution required of the employee. Withdrawal of all
funds contributed at time of termination.
LONGEVITY PAY: 5% at 10 years service and 5% at 15 years service.
UNIFORMS AND CLOTHING Uniforms supplied by employer; a $550.00 clothing cleaning allow -
ALLOWANCE: ance, and an $85.00 allowance on an annual basis, for shoes.
PROTECTIVE VESTS: Employer provides reimbursement to a maximum of $557.00 for
vest selected by employee. (Choice of three).
FIREARMS/EQUIPMENT: Semi -auto pistol selected by officer from a list of approved side
arms until such time as departmental weapon is selected.
Standard approved police equipment supplied by the department.
ANNUAL PHYSICAL EXAM:
CAFETERIA BENEFIT PLAN: Provides for a comprehensive health care package which will
include a Section 125 program that is planned to go into effect on
or around March 15, 1993. This Plan will provide single coverage
for the employee. Family coverage will be at the expense of the
employee, payroll deducted and pretaxed.
EXHIBIT A (Section 9.2)