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HomeMy Public PortalAbout1998 Agreement.tifEMPLOYMENT CONTRACT THIS AGREEMENT is made and entered into this 1st day of March, 1998, between the VILLAGE OF KEY BISCAYNE (hereinafter the "VILLAGE") and MICHAEL J. FLAHERTY (hereinafter the "EMPLOYEE"), pursuant to the following terms and conditions: (A) WHEREAS, the VILLAGE wishes to continue the employment of MICHAEL J. FLAHERTY as Police Chief of the VILLAGE OF KEY BISCAYNE; and (B) WHEREAS, the VILLAGE and EMPLOYEE desire to provide for certain procedures, benefits and requirements regarding the employment of EMPLOYEE by the VILLAGE; and (c) WHEREAS, EMPLOYEE wishes to accept continued employment as the Police Chief of said VILLAGE under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein the VILLAGE and EMPLOYEE agree to the following: SECTION 1. DUTIES. VILLAGE agrees to employ MICHAEL J. FLAHERTY as the Chief of Police 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. SECTION 2. TERM OF EMPLOYMENT. (A) Employee's term of employment shall be for a period of five (5) years from March 1, 1998, until February 28, 2003, unless terminated as provided in this Agreement. Six (6) months prior to the expiration of this Agreement, the Village Manager and the EMPLOYEE shall meet to discuss the renegotiation or renewal of this Agreement if requested by either party. (B) Nothing in the 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. (c) Nothing in the Agreement shall prevent, limit or otherwise interfere with the right of EMPLOYEE to resign at any time from the position of Police Chief, subject only to the provisions set forth in Section 4 of the Agreement. 1 SECTION 3. TERMINATION BY VILLAGE AND SEVERANCE PAY. (A) In the event that the EMPLOYEE is terminated by the Village Manager during the first through the fourth year of the five-year term of this Agreement, at which time EMPLOYEE is ready, willing, able and continually available to perform his duties under this Agreement, the VILLAGE agrees to pay EMPLOYEE a lump -sum cash payment equal to twelve months aggregate salary and benefits. The EMPLOYEE will be paid for all accrued annual and sick leave. In the event of termination, the Village shall provide sixty (60) days notice, in writing, to the employee. In the event that the EMPLOYEE is terminated during the last one-year period of the five-year term of this Agreement, at which time EMPLOYEE is ready, willing, able and continually available to perform his duties under this Agreement, the amount of such lump sum cash payment shall be pro rated in accordance with the number of days remaining in the unexpired term of the Agreement; provided, however, that the applicable lump sum cash payment shall not be less than the equivalent of six (6) months aggregate salary. (B) In the event that the EMPLOYEE is terminated because of conduct unbecoming a public official, including but not limited to criminal conduct, the VILLAGE shall have no obligation to pay the aggregate severance sum designated in sub -paragraph (A) above. If Employee's employment is terminated pursuant to this sub -paragraph (b), then the VILLAGE shall pay to EMPLOYEE all accrued compensation and all accrued benefits due to the EMPLOYEE as of the date of termination. After the payment described in the immediately preceding sentence of this sub -paragraph (B), the VILLAGE shall have no further obligation to EMPLOYEE pursuant to the Agreement. SECTION 4. RESIGNATION BY EMPLOYEE. In the event EMPLOYEE voluntarily resigns his position with the VILLAGE, the EMPLOYEE shall give the Village Manager at least one month written notice in advance, unless waived at the sole discretion of the Village Manager. EMPLOYEE shall not be entitled to receive severance pay referred to in Section 3(A) of this Agreement.The EMPLOYEE would be entitled to receive payment for all accumulated annual, holiday, and sick leave and other accrued benefits. SECTION 5. SALARY. (A) The current salary of EMPLOYEE shall be $95,719.00, which shall be payable in installments at the same time as other employees of the VILLAGE are paid. (B) The EMPLOYEE shall be entitled to a sixth and seventh step in the salary step plan like all other employees receive during this five-year agreement. SECTION 6. PERFORMANCE EVALUATION. (A) The Village Manager may review and evaluate the performance of the 2 I - EMPLOYEE at least once annually. Said review and evaluation shall be in accordance with procedures developed jointly by the Village Manager and the EMPLOYEE. (B) Annually, the Village Manager and EMPLOYEE shall define goals and performance objectives that they determine necessary for the proper operation of the Police Department and in the attainment of the stated policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. SECTION 7. HOURS OF WORK. (A) EMPLOYEE agrees to remain in the exclusive employ of the Village of Key Biscayne 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 reasonable and 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. If the Employee resigns in compliance with Section 4, then Section 7(A) becomes null and void. (B) 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 exercise flex time. (C) The EMPLOYEE will retain the compensatory time accumulated to date under the original contract. However, under no circumstances will these hours be paid to the EMPLOYEE. These hours are to be used as time off and in order to adjust working hours as needed. When the contract expires, there is no payout for remaining hours accumulated. SECTION 8. AUTOMOBILE. The EMPLOYEE will be issued an existing, unmarked 1997 Ford vehicle. The vehicle will be used by the EMPLOYEE for on -duty and unlimited/unrestricted off -duty usage during the term of this agreement. Maintenance, operational and insurance expenses will remain the same coverage as with other police vehicles like it is now. The EMPLOYEE shall be responsible for additional gasoline costs beyond local metropolitan usage and non - job related usage outside the metropolitan area. The vehicle will be sold to the EMPLOYEE for $100. at the end of the contract if the employee wishes, or for a pro -rated amount based on the amount of months expired of this Agreement. The difference between the five year cost of the present car allowance ($24,000.) And the value of the vehicle ($18,200.) Is $5,800. This amount, divided over the sixty months of this Agreement, equals $97. per month, which will be paid to the EMPLOYEE. 3 SECTION 9. RETIREMENT/DEFERRED COMPENSATION. (A) The VILLAGE shall contribute into a retirement program chosen by EMPLOYEE in an annual amount of 11% of the Employee's adjusted annual earnings. (B) If EMPLOYEE desires to participate in the ICMA deferred compensation programs, the VILLAGE agrees to execute all necessary documents or agreements provided by the ICMA. Retirement Corporation and contribute into the ICMA deferred compensation programs on behalf of EMPLOYEE at the level provided in paragraph (A) above. (c) The Employee will be allowed to participate in the Police/Fire Pension Plan which has been approved by Council in September, 1997. SECTION 10. INSURANCE AND INDEMNIFICATION (A) The VILLAGE agrees to pay EMPLOYEE an insurance allowance of $5000. to be paid in equal monthly installments. (B) 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 arty such claim or suit and pay the amount of any settlement or judgment rendered thereon. SECTION 11. VACATION, SICK LEAVE, HOLIDAYS AND OTHER BENEFITS. (A) EMPLOYEE will continue to receive his current annual leave, sick leave and holiday leave and all other additional employee benefits (other than paid overtime, paid compensatory leave and paid court time) in accordance with the "Employee Policies and Procedures" manual revised January 14, 1997. (B) EMPLOYEE shall be entitled to the same benefits currently provided other employees and department heads and will be entitled to any additional benefits that may be granted to other employees or department heads in the future. (c) EMPLOYEE's Housing Allowance is frozen at the current rate in place as of this date, for the term of this Agreement. The Housing Allowance and annual cost of living adjustments which constitute the EMPLOYEE's adjusted annual income. SECTION 12. PROFESSIONAL DEVELOPMENT. 4 r' 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 may be granted for the EMPLOYEE to attend the F.B.I. National Executive Institute (PERF), International Association of Chiefs of Police, Florida Chiefs of Police Association and similar training and development seminars in order that the Chief maintain sufficient training as mandated by the State and stays current on matters affecting law enforcement. 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, pension funds and ICMA retirement funds. This Agreement shall be binding on and insure to the benefit of the respective parties, to their to their respective heirs, legal representatives, successors and assigns. SECTION 14. RESIDENCY. EMPLOYEE agrees to reside within the incorporated limits of the Village of Key Biscayne during the term of this Agreement unless allowed to move by written agreement with the Village after requested by the Employee. SECTION 15. Unless SECTION 16. NO REDUCTION IN BENEFITS. imposed on all governmental employees. OTHER TERMS AND CONDITIONS. (A) 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 portions thereof, shall not be affected and shall remain in full force and effect. (B) 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. (c) The rights and obligations herein granted are personal in nature and cannot be transferred by the EMPLOYEE except as provided in any benefits, including without limitation, retirement, accrued leave, disability and death benefits. (D) This Agreement contains the entire agreement of the parties.This Agreement shall be binding on and insure to the benefit of the respective parties, to their respective heirs, legal representatives, successors and assigns. This Agreement may not be changed orally, but only by an agreement in writing signed by the parties hereto. 5 (E) This Agreement shall be governed by Florida law and any litigation which may arise from this Agreement shall be filed and litigated in Dade County, Florida. IN WITNESS WHEREOF, the Village of Key Biscayne as VILLAGE, and MICHAEL J. FLAHERTY as EMPLOYEE, have caused this Agreement to be signed and executed, in duplicate, the day and year first written above. VILLAGE EMPLOYEE //' Michae laherty, Police Chief VILLAGE CLERK Approved as to form: Villa e Attorney MJF5yrCONTRACT.REV VILLAGE MANAGER �r J C. Samuel Kissinger OV KEY 4. f Key Biscayne) 6