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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)