HomeMy WebLinkAboutReso 2003-564
RESOLUTION NO. 03-~ t./
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING
THE TERMS AND CONDITIONS SET FORTH IN THE
CONTRACT ATTACHED AS EXHIBIT "A" FOR LYNN M.
DANNHEISSER, AS CITY ATTORNEY; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission appointed Lynn M. Dannheisser on August 8,
1997 in accordance with the Charter of the City .of Sunny Isles Beach, to appoint a City
Attorney to be chief legal counsel of the City; and
WHEREAS, Lynn M. Dannheisser has served the City well and the City wishes to
retain her as City Attorney under the terms and conditions of a formal contract in the same
manner as the City Manager; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF SUNNY ISLES BEACH, FLORDA, AS FOLLOWS:
Sectionl. Ratification of Contract. The City Commission hereby ratifies the
terms and conditions of continued employment as set forth in the Contract attached hereto
as Exhibit "A" for Lynn M. Dannheisser as City Attorney.
Section 2. Terms and Conditions. The terms and conditions of such continued
employment are set forth in the contract which is attached hereto as Exhibit "A" and is
incorporated herein by reference.
Section 3.
adoption.
Effective Date. This Resolution shall take effect immediately upon
PASSED and ADOPTED this 19th day of June, 2003.
ATTEST: .
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Jane A. Hines, Acting City Clerk
City Manager Continued Employment Res.
06/16/03 - 10:48 AM
1
APPROVED AS TO FORM AND
L GAL SUFFICIENCY
Moved by: Vl ~ (YVutl)y~~l.CU P
Seconded by: GmmK~'{) V<t.p (~()t))11AN
VOTE: S-.o
Mayor Samson
Vice Mayor Edelcup
Commissioner Goodman
Commissioner Iglesias
Commissioner Kauffman
V (Yes)
V (Yes)
~ (Yes)
v (Yes)
V (Yes)
(No)
(No)
(No)
(No)
(No)
City Manager Continued Employment Res.
06/16/03 - 10:48 AM
2
-II =
Emplovment Aareement between City of Sunny Isles Beach and Lvnn M. Dannheisser
This agreement is made and entered into this (~~ day of June, 2003, between the City of
Sunny Isles Beach, Florida (herein after the "City") and Lynn M. Dannheisser (hereinafter the
"Employee"), pursuant to the following terms and conditions ("Agreement"):
A. Whereas, the City wishes to continue the employment of the services of Lynn M.
Dannheisser as the City Attorney of the City of Sunny Isles Beach; and
B. Whereas, Employee wishes to accept continued employment as City Attorney of said
City under terms and conditions, set forth herein.
Now, therefore, in consideration of the mutual promises and covenants contained herein
the City and Employee agree to the following:
SECTION 1. DUTIES'
A. The City agrees to continue the employment of Lynn M. Dannheisser as the City
Attorney of the City of Sunny Isles Beach to perform the duties and exercise powers
as prescribed by the City Charter, and to perform such other legally permissible and
proper duties and functions as assigned by the City Commission from time to time.
B. The City Attorney shall perform the duties of City Attorney of the City in accordance
with the terms, conditions and provisions contained in this Agreement and the
Charter in a professional and respectable fashion and with full decorum required of
City Attorneys generally and as required by the Rules Regulating The Florida Bar
and the Guidelines for Professional Conduct. The Employee recognizes that the
position of City Attorney is not, and cannot be, a nine- to- five employment position
and, while it is agreed and understood that the City Attorney shall attempt to perform
all work on three (3) designated days per week, preferably Monday, Tuesday and
Thursday, as .consideration of her continued employment, she nevertheless agrees
to devote the time and energy, which is reasonably necessary to perform the duties
required under this Agreement, carry out her responsibilities regardless of
designated days, and she shall use her best efforts to be available whenever a legal
emergency arises.
SECTION 2. TERM OF AGREEMENT
A. The term of this agreement shall be effective immediately (except where specifically
indicated otherwise) and shall continue until terminated, or otherwise amended from
time-to-time, by the City Commission. The City Attorney shall serve at the pleasure
of the City Commission.
B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of
the City Commission to terminate the services of Employee at any time, subject only
to the provisions set forth in SECTION 11 of this Agreement.
C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of
the Employee to resign at any time from the position of City Attorney, subject only to
the provisions set forth in SECTION 11 of this Agreement.
A:/City Attorney's Employment Agreement
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D. Employee agrees to remain in the exclusive employ and neither to accept other
employment nor to become employed by any other employer. The term "employed"
shall not be construed to include teaching, writing, consulting, or military reserve
service performed on employee's time off.
SECTION 3. SALARY
A. Effective October 1, 2003, the annual base salary of Employee shall be increased to
$167,656.00, which shall be payable in installments at the same time as other
Employees of the City are paid.
B. The City Commission agrees to evaluate the performance of the Employee to
determine any adjustment in annual salary and/or benefits at least once annually,
pursuant to the terms of this Agreement. Any adjustments in said annual salary
and/or benefits should be based upon the results of the. performance evaluation,
within the sole discretion of the City Commission.
SECTION 4. AUTOMOBILE
In lieu of the automobile allowance previously allotted to the City Attorney, the City shall
provide Employee a City-owned vehicle and shall insure, maintain and repair that vehicle
provided however that when the employee uses the vehicle for her own personal use,
she shall reimburse the City for fuel costs.
SECTION 5. RETIREMENT/DEFERRED COMPENSATION
A. The City shall continue to contribute into a Retirement Program chosen by the
Employee. a monthly contribution equivalent to 12% of annual salary.
B. If Employee desires to participate in the ICMA deferred compensation programs, the
City 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.
SECTION 6. LIFE INSURANCE AND DISABILITY INSURANCE
The City shall continue to pay the premiums for the Employee on the following:
1. $100,000 whole life insurance policy
2. $300,000 term life insurance policy
3. Disability policy equivalent to the amount of annual salary.
SECTION 7. HEALTH-DENTAL AND VISION COVERAGE
The City agrees to continue to provide the Employee with full family coverage for Health,
Hospitalization, Dental and Vision Care, as may be provided to other employees, or, the
City shall pay for the full premium for such coverage, unless employee elects to receive
the equivalent dollar cost.
A:/City Attorney's Employment Agreement 2
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SECTION 8. HOUSING ALLOWANCE
The City agrees to provide the Employee with an annual housing allowance of $13,000
payable on a monthly basis.
SECTION 9. VACATION, PERSONAL LEAVE, SICK LEAVE AND HOLIDAYS
Commencing upon the effective date of this agreement, Employee shall be accredited
with 4 weeks vacation days per year. Employee shall be accredited with 12 sick days
per year. In the event of a long-term illness during the first year of employment, the City
shall pay Employee salary for the period of time uncovered by sick leave, prior to any
disability policy taking effect. Employee shall be entitled to holidays and personal days at
the same rate as other Employees of the City.
SECTION 10. PROFESSIONAL EXPENSES AND DEVELOPMENT
A. Subject to City policy, State law, the City agrees to pay the reasonable professional
expenses, dues, subscriptions travel and seminar fees required by The Florida Bar to
maintain the Florida Bar license in active status and to continue professional
development or adequately pursue necessary official and other functions of the City,
including, but not limited to, Local Government Lawyers' seminars and the Florida
Municipal Attorneys Association Seminar.
SECTION 11. TERMINATION AND SEVERANCE
A. In the event that the City terminates the Employee, and the Employee is willing and
able to perform her duties under this agreement, the City agrees to pay the
Employee and adhere to the terms of this agreement for a minimum period of 9
months beyond any accumulated vacation time.
B. In the event that the Employee Voluntarily resigns her position, the Employee shall
give the City two months notice in advance, unless the parties otherwise agree in
writing. In the event of resignation, severance pay as outlined above shall not be
payable.
C. In the event that the City Attorney is terminated "for cause", which shall be defined
as an act of fraud, dishonesty or conviction of any criminal act (except for minor
traffic infractions), the City shall have no obligation to grant severance pay.
SECTION 12. OTHER CUSTOMARY BENEFITS
The City shall afford the Employee the right to participate in any other benefits or
working conditions as provided for the Administrative and Management Employees of
the City.
SECTION 13. INDEMNIFICATION
A. The City shall defend, save harmless and indemnify the 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 connection with the
performance of the Employees duties as City Attorney. The City, or its insurance
carrier, will payor settle any such claim or suit or judgment rendered thereon.
A:/City Attorney's Employment Agreement 3
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SECTION 14. MISCELLANEOUS
A. Complete Agreement.:, It is understood and agreed that this document
incorporates and includes all prior negotiations, correspondence, conversations,
agreements, or understandings applicable to the matters contained herein and that
the parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, it is agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
B. Severability. 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.
C. No Waiver. 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.
D. Obligations Personal. The rights and obligations herein granted are personal in
nature and cannot be transferred by the City Attorney.
E. Florida Law. 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.
LYNN M. DANNHEISSER
~~~~
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WITNESS
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A:/City Attorney's Employment Agreement 5
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