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HomeMy WebLinkAboutcocc_council_mtg_packet_20250128_specialCAPE CANAVERAL CITY COUNCIL SPECIAL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA Tuesday January 28, 2025 6:00 P.M. Please email public comments before noon to: cityclerk@capecanaveral.gov For remote options, please visit: www.cityofcapecanaveral.org/city_meetings CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS All Agenda Section times are estimates and subject to change. PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. ITEM FOR CONSIDERATION City Manager Employment Agreement (Submitted by Mayor Morrison) ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING • JANUARY 28, 2025 AGENDA ITEM SUMMARY Subject: City Manager Employment Agreement Department: Legislative Summary: The City of Cape Canaveral Charter ARTICLE III states: ARTICLE Ill. - CITY MANAGER The city council shall, by majority vote, appoint a city manager to be the administrative head of the government and shall be responsible for the effective administration of all departments of the city. The city manager shall be chosen on the basis of executive and administrative qualifications. The city manager shall hold office at the will of the city council, and shall receive such salary as may be fixed by the city council. The duties of city manager shall be established by the city council, by ordinance. By letter filed with the city clerk, the city manager shall designate a qualified administrative officer of the city to exercise the powers and perform the duties of city manager during the city manager's temporary absence or disability. During extended absence or disability of the city manager, the city council may revoke such designation at any time and appoint another administrative officer of the city to serve until the city manager shall return. The City of Cape Canaveral Code of Ordinances Article III Division 2 states: DIVISION 2. - CITY MANAGER Sec. 2-101. - Powers and duties. The city manager shall have the following powers and duties: (1) Provide sustained administrative leadership and coordination of staff and board activities in carrying out the acts and directives of the city council, through overall supervision and coordination. In this capacity, he coordinates the activities of staff and boards to ensure that adequate information and recommendations in important areas are expeditiously considered by the staff and boards and brought promptly to the attention of the council. (2) Review with the council and with heads of the several boards and offices the programs and projects of the city and make recommendations thereon as may be necessary to administer the city most effectively in the public interest. (3) Assist the mayor in carrying out the administrative and executive responsibilities delegated to the mayor and, in connection with these responsibilities, to plan, direct, coordinate and manage the administrative affairs of the council. (4) Prepare and submit the annual budget to the city council. (5) Appoint and, when deemed necessary for the good of the service, suspend or remove all city employees and appointive administrative officers provided for by and under the Charter, except as otherwise provided by law, the Charter or personnel rules. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or division. City of Cape Canaveral City Council Special Meeting • January 28, 2025 Agenda Item Page 2 of 2 (6) Direct and supervise the administration of all departments, offices and divisions of the city, except as provided by the Charter or by law. (7) Perform such other duties as are specified in the Charter or as may be required by the city council. Recommendation: Consider any necessary actions regarding the recent concerns related to the business affairs of the City expressed at the January 24, 2024 Special City Council Meeting and recent January 21, 2025 Regular City Council Meeting regarding the City Manager as it relates to the City Charter, Code of Ordinances, FL State Law and the attached Employment Agreement between the City Council and City Manager. Submitting Council Member: Mayor Wes Morrison Attachment(s): 1.) City Manager Employment Agreement EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (hereinafter referred to as "Agreement"), is approved and entered into on this 21' day of July, 2020 by and between the City of Cape Canaveral, Florida, a Florida municipal corporation (hereinafter referred to as "City"), and Todd Morley (hereinafter referred to by name or as "City Manager"). WITNESSETH: WHEREAS, the City desires to employ Todd Morley as City Manager of the City of Cape Canaveral, Florida, as provided for in the City Charter of the City of Cape Canaveral, as may be amended by law; and WHEREAS, the City, through its City Council, desires to provide for certain benefits and compensation for the City Manager and to establish conditions of employment applicable to the City Manager; and WHEREAS, Todd Morley desires to accept employment as City Manager of the City of Cape Canaveral under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises as set forth in this Agreement, the parties agree as follows: Section 1. Employment. A. The City of Cape Canaveral hereby hires and appoints Todd Morley as its City Manager, under the terms established herein, to perform the duties and functions specified in the City Charter and the City's Code of Ordinances, as said Charter and Ordinances may be amended from time to time, to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign, and to perform such responsibilities as required by law. B. The City's employment of Todd Morley as City Manager shall be effective June 16, 2020. This Agreement shall remain in effect until terminated by the City or by the City Manager as provided herein. Section 2. Salary and Evaluation. A. For the performance of services pursuant to this Agreement, the City agrees to pay the City Manager an annual base salary of One Hundred Eighteen Thousand and No/100 Dollars ($118,000.00), payable in installments at the same time as other City employees are paid with an evaluation for a potential increase in the base salary as determined by the City Council at the Council's discretion. B. In addition to the provisions of subparagraph A above, the City agrees to consider adjustments of said base salary and/or other benefits of the City Manager in such amounts and to such an extent as the City Council may determine desirable on the basis of an annual performance Page 1 of 8 evaluation of the City Manager. The City Manager shall timely recommend the form of evaluation to be used under this Agreement. However, the City Council shall be solely responsible for approving the form to be used. The evaluation shall be made between May and July of each year in which this Agreement is effective unless otherwise determined by the City Council. C. All salary shall be paid less appropriate deductions for employment taxes, income tax and other lawful withholdings. The City Manager shall not be entitled to overtime or compensatory benefits. Section 3. Duties and Obligations. A. The City Manager shall have the duties, responsibilities and powers of said office under the Charter and Ordinances of the City of Cape Canaveral, as may be amended. The language of the City Charter relating to the position and function of the City Manager of the City of Cape Canaveral, as may be amended from time to time, is incorporated herein by this reference into this Agreement as though it were fully set forth in the text of this Agreement verbatim. The City Manager agrees to perform all duties and responsibilities to the best of his ability and in a professional and competent manner. City Manager also agrees to fully and faithfully perform such duties prescribed by the laws of the State of Florida and United States of America, including regulations of other appropriate administrative agencies, relating to the City of Cape Canaveral and the position of City Manager. All such duties shall be performed within the time frames or deadlines imposed by law, applicable policy, rule, or established by the City Council. Absent a legally or City Council imposed deadline, the City Manager shall perform his duties and functions of his office within a reasonable period of time and with due regard for promptness, loyalty, diligence, competence, and professionalism. B. The City Manager shall request of the City Council from time to time such decisions or actions of the City Council which the City Manager may determine are reasonably necessary for the successful accomplishment of his duties as City Manager. C. The City Manager shall remain in the exclusive employ of the City and shall devote all such time, attention, knowledge and skills necessary to faithfully perform his duties under this Agreement. The City Manager shall not render any other services of a professional or business nature to any other person or organization without the City Council's prior direction or consent as a governing body. This provision shall not include occasional teaching, presentations to professional organizations, writing, or performing functions on behalf of the Florida City and County Manager's Association and such other state and local government groups and committees thereof, or performing in City Manager's musical band, provided such activities do not conflict or interfere with City Manager's duties as City Manager under this Agreement and are not a prohibitive activity under the Code of Ethics For Public Officers and Employees (section 112.311, et. seq., Florida Statutes). D. For temporary, brief absences of the City Manager including, but not limited to, vacations, common illness, and out-of-town seminars, the City Manager may temporarily appoint an Acting City Manager to serve in his absence by providing written notice to the City Council. Page 2 of 8 Section 4. Automobile Allowance. The City Manager is required to be on call for twenty -four-hour service. In recognition thereof: The City shall grant to the City Manager an automobile allowance of $350 per month, which shall reimburse the City Manager for his automobile expenses related to the purchase or lease, maintenance, and insurance of an automobile. The City agrees to reimburse the City Manager for mileage for travel outside of Brevard County associated with business of the City at the same rate as other City employees are reimbursed. Section 5. Dues and Subscriptions. The City agrees to pay the City Manager's professional dues for membership in the International City/County Management Association, and the Florida City and County Management Association. The City shall pay other dues and subscriptions on behalf of the City Manager as are approved in the City's annual budget or as authorized separately by the City Council. Section 6. Professional Development. The City hereby agrees to budget for and pay the travel and subsistence expenses of the City Manager for professional and official travel, meetings, conferences, training, seminars, and occasions consistent with the City's Travel Policy applicable to all City employees. The foregoing shall be subject to the needs of the City and budgetary appropriation by the City Council. Section 7. Paid Time Off. City Manager shall accrue paid time off at the rate of a general City employee. Section 8. Holidays. The City Manager is entitled to the same paid holidays as a general City employee. Section 9. Health, Dental, Vision and Life Insurance. The City agrees to provide the City Manager with health insurance, dental insurance, vision insurance and life insurance in the same manner as it does for its other City employees and employees' family members. Such benefits shall be determined at the City Council's discretion. Page 3 of 8 Section 10. Retirement. The City agrees to provide the City Manager with retirement benefits in the same manner as it does for its other City employees. Such benefits shall be determined at the City Council's discretion. Section 11. Termination by the City Council and Severance Pay. A. The City Manager shall serve at the pleasure of the City Council, and the City Council may terminate this Agreement and the City Manager's employment with the City at any time, for any reason or for no reason. B. Should a majority of the entire Council (three members) vote to terminate the services of the City Manager "without cause," the Council shall pay the City Manager severance pay as set forth in this subsection. The amount of severance pay shall be determined based on the number of years of service as City Manager under this Agreement, as follows: 1. First Year Maximum of five (5) weeks. 2. Second Year Maximum of ten (10) weeks. 3. Third Year Maximum of fifteen (15) weeks. 4. Fourth Year and thereafter Maximum of twenty (20) weeks. Under no circumstances shall the maximum severance pay under this Agreement exceed twenty (20) weeks. Severance pay shall be based the City Manager's current base salary (not including any payment of accrued paid time off) as full and complete payment and satisfaction of any claims that the City Manager may have against the City and its City Council, employees, and City Attorney of whatsoever nature arising out of this Agreement or otherwise arising from his employment with the City. The City Manager agrees that the City Council shall have the sole and absolute discretion to decide upon such termination under this subsection. In the event of such termination, the City Manager waives all rights to contest or challenge the City Council's decision and will accept the payments provided in this subsection in full satisfaction of the City's obligations under this Agreement and in full release of any and all claims that the City Manager has, or may have, against the City, and its City Council, employees, and City Attorney, both individually and in their official capacity, under this Agreement. Furthermore, as a condition of, and in consideration for, such payment, the City Manager and the City shall, execute and deliver to each other a reciprocal general comprehensive release indemnifying and holding harmless each other for all acts and omissions related to the City Manager's employment with the City (whether accrued or subsequently accruing) from the beginning of time until the date of the release. The general comprehensive release shall be prepared by the City Attorney and in a form agreeable to the City and City Manager, and the indemnity to the City shall include not only the City, but the City's council members, employees, and attorneys in their official and individual capacities. The City Manager and the City shall not unreasonably withhold approval and execution of the general comprehensive release. Payment of the severance pay shall not exceed twenty (20) weeks and shall be made within thirty (30) calendar days of the City Manager and the City executing and delivering the general release to each other or such other time mutually agreed to by Page 4 of 8 the parties. In addition, City Manager shall be entitled to any accrued paid time off under the terms and conditions set forth in Section 7 of this Agreement. C. If the City Manager is terminated by the City Council for cause because of: (1) conviction of a felony; (2) an intentional act of felonious embezzlement or theft from the City that occurs in the course of the City Manager's employment with the City; (3) misfeasance, malfeasance, or neglect of duty; (4) intentional or reckless failure to carry out the duties assigned under the City Charter or state or federal statute; (5) continued willful failure to substantially perform his duties and functions as City Manager (other than as a result of incapacity due to physical or mental illness); (6) willful conduct that is determined to be materially injurious to the City by the City Council; (7) conviction of a violation of the Florida Code of Ethics For Public Officers and Employees or any illegal act involving personal gain to him; (8) abandonment of the Office of City Manager when the City Manager is no longer performing the official duties of the city manager; or (9) permanent inability to perform his official duties as city manager, then the City Manager shall not be entitled to any severance pay. For purposes of this Agreement, an act, or failure to act, shall not be deemed willful or intentional, as those terms are utilized herein, unless it is done, or omitted to be done, by the City Manager in bad faith or without a reasonable belief that his action or omission was in the best interests of the City. If City Council terminates the City Manager for cause pursuant to this subsection (C), the City Manager's sole legal or equitable remedies is an action in the court of appropriate jurisdiction and venue. If said court determines that the City Council did not properly terminate the City Manager for cause under this Agreement, the parties agree that such termination from employment shall be deemed a termination without cause, and the provisions of Section 11 (B) shall apply in their entirety including the payment of severance pay and accrued paid time off, and the court may grant such other relief deemed lawful and appropriate. D. In the event the Council, at any time during the employment term, reduces the salary or other benefits of the City Manager, as identified herein, in a greater percentage than an equivalent across-the-board reduction for all full-time City employees, or in the event the City allegedly refuses to comply with any other material provision of this Agreement benefiting the City Manager, the City Manager shall notify the Council in writing of the alleged violation. The Council shall have thirty (30) calendar days from such notice within which to cure the violation, otherwise, the City Manager may at his option, consider such violation as termination "without cause" as of the date of such alleged reduction or refusal, and the provisions of Section 11(B) shall apply in their entirety including the payment of severance pay and accrued paid time off. E. In the event the City Manager is charged, by indictment or information, with a felony crime, the City Council, at its sole discretion, may suspend the City Manager from his duties with pay. Upon conviction of any such charge, this Agreement, at the sole discretion of the City Council, may be terminated and the City Manager discharged from his duties consistent with the terms of this Agreement. F. In the event of the death of the City Manager during the term of this Agreement, this Agreement shall automatically terminate and the City shall pay to his surviving spouse, if any, or if the City Manager does not have a surviving spouse, to the estate of the City Manager, an amount equal to the portion of the City Manager's salary to which he was entitled through the date of this death, Page 5 of 8 plus accrued paid time off pursuant to Section 7 of this Agreement and any other applicable death benefits provided to other employees of the City. G. Neither this Section nor any other provision of this Agreement shall be construed to prohibit the City Council and City Manager from mutually agreeing to a separation agreement effectuating the termination of the City Manager's employment with the City. Section 12. Termination by the City Manager. The City Manager may terminate this Agreement at any time by delivering to the City Council a written notice of termination not later than forty-five calendar (45) days prior to the effective date of the termination. If the City Manager terminates this Agreement, then the provisions of Section 11 (B) above, shall not apply. If the City Manager voluntarily resigns pursuant to this Section, the City shall pay to the City Manager all accrued salary due the City Manager up to the City Manager's final day of employment, including all accrued paid time off pursuant to Section 7 of this Agreement, as would be paid to any other City employee upon termination. The City shall have no further financial obligation to the City Manager pursuant to this Agreement. This Section shall not prevent the City Manager from collecting any vested money earned as a result of participation in any retirement plan established for the City Manager as contemplated in Section 10 of this Agreement. Section 13. Indemnification. The City shall defend, indemnify and hold the City Manager harmless against any and all civil claims, demands, actions, suits, expenses and losses, including reasonable attorneys fees, arising out of the action or omission of the City Manager within the scope of his duties as city manager, except for acts or omissions exhibiting wanton or willful disregard of human rights, safety, or property or outside the scope of the City Manager's employment or willful misconduct of the City Manager ("Covered Loss"). Further, this covenant shall only apply to claims for punitive damages where such claims arose out of the good faith performance of the City Manager's duties; otherwise, this covenant shall not apply to claims for punitive damages. The City may, at the City Manager's option, provide for legal representation of the City Manager through the City Attorney or outside counsel of its choice or may choose to reimburse the City Manager for legal fees incurred as a result of a Covered Loss. The City will have the authority to compromise and settle any such claim or suit within the scope of the City Manager's employment and pay the amount of any settlement or judgment rendered thereon. To the maximum extent permitted by law, the City and the City Manager shall rely upon the doctrine of sovereign immunity and the provisions of section 768.28, Florida Statutes, and other applicable law. In addition, the City also agrees to reimburse the City Manager for reasonable attorneys' fees and court costs incurred by the City Manager in successfully defending himself against any criminal prosecution filed against him where the conduct complained of arises out of or in connection with the performance of his official duties while serving a public purpose. Page6of8 Section 14. Bonding. The City agrees to bear the full cost of any fidelity or other bonds required of the City Manager under any policy, regulation, ordinance or law. Section 15. General Terms and Conditions. A. If any provision, or any portion thereof, contained in this Agreement is held by a court of competent jurisdiction 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. 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. This Agreement shall be binding upon and inure to the benefit of the heirs at law or personal representative of the City Manager. D. This Agreement contains the entire Agreement of the parties, and may only be amended by the parties in writing approved by the City Council at a duly held meeting and signed by the parties. This Agreement may not be changed verbally by the parties. E. Florida law shall govern this Agreement and any litigation that may arise from this Agreement, shall be filed and litigated in Brevard County, Florida for any State action, or Orlando, Florida for any Federal action F. Upon City Manager's death, the City's obligations under this Agreement shall terminate except for: 1.Transfer of ownership of retirement funds, if any, to his designated beneficiaries; 2.Payment of all accrued leave balances and salary in accordance with this Agreement; 3.Payment of all outstanding hospitalization, medical and dental bills in accordance with City's insurance policies or plans; and 4.Payment of all life insurance benefits in accordance with the City's insurance policies or plans. G. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement and, accordingly, no court construing this Agreement shall construe it more strictly against one party than the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. Page 7 of 8 H. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. This Agreement may be executed in duplicate or counterparts; each of which shall be deemed an original and all of which together shall be deemed one and the same instrument. No term, condition or covenant of this Agreement shall be binding on either party until both parties have signed it. J. The effective date of this Agreement shall be retroactive to June 16, 2020 upon approval by the City Council at a duly held meeting and execution of this Agreement by the parties. Executed by the CITY this 24th day of July , 2020. Cityro'f'tape Canaieral By: Mia Goforth;?:CTVIC ity'�Ci&V Executed by the CITY MANAGER this 24th day of July , 2020 Bob Hoog, Mayor Print Name: Mia Goforth Print Name: Daniel LeFever Appro as to legal form and sufficiency: 'g1PP` Anthony A. Garganese, City Attorney Todd Morley Page 8 of 8