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.
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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
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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.
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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.
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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.
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(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)
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