HomeMy WebLinkAbout1554 Smith, Cecil Employment Agmt.155
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OFFICE OF HUMAN RESOURCES AND RISK MANAGEMENT
TRANSMITTAL MEMORANDUM
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CITY OF SANFORD /CITY POLICE CHIEF
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this 14 day of February, 2013, by
and between the City of Sanford, a municipal corporation of the State of Florida,
hereinafter called "CITY ", whose address is City Hall, 300 North Park Avenue, Sanford,
Florida 32771, acting through the City Manager of the CITY in accordance with the City
Charter of the CITY, and Cecil E. Smith, whose address is Elgin,
Illinois 60123, hereinafter called "Mr. Smith ".
WITNESSETH:
WHEREAS, the CITY desires to employ the services of Mr. Smith as the Police
Chief of the City of Sanford, as provided by Florida law and the City Charter of the City
of Sanford ( "City Charter "); and
WHEREAS, Mr. Smith represents that he is capable of serving and desires to
accept employment as Police Chief of the City of Sanford under the terms and
conditions of this Agreement and after evaluating the City Charter, codes, ordinances of
the City of Sanford, the operational requirements of City of Sanford City government,
and such other matters as he has deemed appropriate to evaluated the position of
Police Chief of the City of Sanford; and
WHEREAS, it is the desire of the CITY to engage Mr. Smith and provide certain
benefits and establish certain conditions of employment to which Mr. Smith has agreed.
NOW, THEREFORE, in consideration of the premises and other mutual promises
and covenants herein contained, and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the parties agree as follows:
SECTION 1. RECITALS. The above recitals are true and correct and constitute
a part of this Agreement upon which the parties have relied.
SECTION 2. DUTIES. The CITY hereby agrees to employ Mr. Smith as the
Police Chief of the City of Sanford and a State of Florida certified law enforcement
officer to perform the functions and duties specified in the City Charter, the job
description applicable to Chief of Police of the City of Sanford as may be amended from
time -to -time, applicable Florida law and sound and generally accepted law enforcement
and public safety practices and principles as well as to perform all other legally
permissible and proper duties and functions in accordance with controlling Florida law.
Mr. Smith shall commence full time employment on April 1, 2013. Mr. Smith agrees to
fully and faithfully execute the duties and responsibilities of the office of Police Chief of
the City of Sanford under any and all applicable law in accordance with controlling
Florida law. It is, and shall always be, a condition of employment for Mr. Smith to
maintain certification as a certified Florida law enforcement officer, as provided in
Section 5 of the agreement.
SECTION 3. GENERAL TERMS AND CONDITIONS OF EMPLOYMENT.
(A) Nothing in this Agreement shall prevent, limit or otherwise interfere with
the right of the CITY to terminate the services of Mr. Smith at any time, subject only to
the provisions set forth in Section 10(A) of this Agreement.
(B) Nothing in this Agreement shall prevent, limit, or otherwise interfere with
the right of Mr. Smith to resign at any time from his position with the CITY, subject only
to the provisions set forth in Section 10(B), 10(C) and 10(D) of this Agreement.
(C) Mr. Smith agrees to remain in the exclusive employ of the CITY and not
be employed by any other employer unless otherwise mutually agreed by both parties.
For purposes of this Subsection, however, employment shall not mean occasional
teaching, presentations to professional organizations and professional consultation on
Mr. Smith's time off, as authorized by the City Manager of the City of Sanford, and to
the extent such does not conflict or interfere with Mr. Smith's duties hereunder and is in
the best interests of the CITY.
SECTION 4. COMPENSATION.
The CITY agrees to pay Mr. Smith for his services rendered pursuant to the
terms and conditions of this Agreement, an annual salary of $114,757 payable in equal
bi- weekly payments or portions thereof in accordance with the CITY's payroll system.
Mr. Smith's salary shall be reviewed annually by the City Manager of the City of Sanford
during each succeeding month after each twelve (12) month period that this Agreement
is in effect with the first evaluation occurring for the time period ending March 31, 2014
and then occurring for the periods ending March 31 of each succeeding year. If merit
increases for all non -union employees have been adopted by the City Commission, the
CITY agrees to consider an increase in Mr. Smith's salary and other benefits payable to
Mr. Smith in such amounts and to such extent as the CITY may determine desirable
based on the City Manager's written evaluation of Mr. Smith's performance during the
evaluation period.
SECTION 5. FLORIDA LAW ENFORCEMENT.
Mr. Smith agrees that he will take and pass the State Officers Certification
Examination (SOCE) for an Out of State Sworn Florida officer to be certified in the State
of Florida within the first nine (9) months of his employment as Police Chief of the City
of Sanford. In the event Mr. Smith does not take and pass the SOCE within the first
nine (9) months of employment with the City that event shall be deemed to constitute
grounds for dismissal with cause as provided for in this employment agreement. Mr.
Smith understands that until such time as he is certified in the State of Florida he will not
Police Chief Employment Agreement
Page 2 of 9
be able to wear a police uniform nor carry a firearm or have any enforcement or arrest
powers.
SECTION 6. AUTOMOBILE, PAGER AND CELLULAR PHONE.
(A) The CITY shall provide Mr. Smith with a full -size law enforcement tooled
and arrayed automobile for his use, which automobile shall be owned and maintained
by the CITY as part of its fleet of motor vehicles and it shall be the obligation of Mr.
Smith to use the motor vehicle as Police Chief of the City of Sanford and as part of his
demonstrating community policing activities. Mr. Smith is encouraged to maximize his
presence within the City of Sanford community (which shall not be deemed to confine
the activities of Mr. Smith to within the jurisdictional limits of Seminole County) and to
fully engage in community activities and events and to encourage those under his
authority and control to do likewise. Mr. Smith's use of the motor vehicle for taking his
family to community events is encouraged and such use shall not be subject to audit or
critique in the context of local usage for personal reasons, all of which shall be
considered incidental to the community policing activities which are his obligation and
the twenty -four (24) hours a day on -call nature of his duties. During personal and family
activities Mr. Smith may use his own personal motor vehicle as he deems appropriate,
but such motor vehicle shall not be used during the course of CITY law enforcement
activities except in the event of exigent emergency circumstances. In recognition of the
twenty -four (24) hours a day on -call nature of the duties of the position of Police Chief of
the City of Sanford, there shall not be any take home charges imposed relative to the
assigned motor vehicle.
(B) The CITY shall provide a cellular phone for Mr. Smith to use for CITY
business which shall be and remain CITY property in the event that Mr. Smith vacates
the position of Police Chief of the City of Sanford for any reason. As a result of the
twenty -four (24) hours a day responsibilities placed upon, and inherent in, the position
of Police Chief, Mr. Smith use of the cellular phone shall not be subject to audit or
critique in the context of local usage for personal reasons all of which shall be
considered incidental except for international calls which result in a cost to the CITY.
SECTION 7. INSURANCE COVERAGE.
(A) The CITY shall provide to Mr. Smith the same coverage and benefit
package and plan available to all other CITY employees in the CITY's Group Health
Insurance Program.
(B) The CITY shall pay Mr. Smith's premium on a life insurance policy written
in an amount equal to Mr. Smith's annual salary. The benefactor of the insurance shall
be determined by Mr. Smith.
SECTION 8. PAID TIME OFF AND HOLIDAYS.
(A) Upon commencement of services to the CITY as Police Chief, Mr. Smith
,III be credited with one hundred twenty (120) hours of paid time off (PTO). Effective
Police Chief Employment Agreement
Page 3 of 9
October '1, 2013 Mr. Smith shall, thereafter, accrue paid time off at a rate consistent with
an employee of the CITY in the five (5) to nine (9) years of service classification until he
has attained eligibility for a higher rate of PTO accrual at the end of nine (9) years of
service as per City Administrative Policy 5.13, Leave /Paid Time Off.
(B) Upon commencement of services to the CITY as Police Chief, Mr. Smith
shall be credited with and shall be entitled to use of a prorated share of forty (40) hours
of administrative leave (AL), then thereafter on October 1 of each year will be credited
with forty (40) hours of AL; all AL must be used by the following September 30; any
unused will be forfeited as per Administrative policy 5.13, Leave /Paid Time Off.
(C) Mr. Smith shall be entitled to bereavement leave under the terms and
conditions set forth in CITY policy.
(D) It is recognized that Mr. Smith's work hours will vary from day -to -day and
that his office hours will be at various times based upon the needs of the CITY. It is
also recognized that Mr. Smith is on -call twenty -four (24) hours a day and seven (7)
days a week and maintains, at all times, the plenary obligation to administer the law
enforcement functions of the government of the CITY in accordance with the provisions
of the City Charter and sound and generally accepted public safety and law
enforcement practices and principles.
(E) Mr. Smith shall be entitled to paid holidays in accordance with CITY policy.
(F) Mr. Smith shall ensure on each and every occasion during which he will
not be available to accomplish his day -to -day activities as Police Chief due to PTO or
other authorized absence, that the City Manager is promptly apprised of such absence
(in advance if practicable) and that a CITY employee (of suitable position and stature) is
appointed to act in the Police Chiefs place and stead during such absence. The City
Manager shall be advised of the person so appointed and may revoke such
appointment and make appointment of a person as may be deemed advisable and in
the best interests of the CITY.
SECTION 9. INDEMNIFICATION AND BONDING.
(A) The CITY shall defend, save harmless and indemnify Mr. Smith against
any tort, professional liability claim or demand or other legal claim or action, whether
groundless or otherwise, arising out of an alleged act or omission occurring in or arising
out of the good faith performance of Mr. Smith's duties as Police Chief of the City of
Sanford. However, this covenant shall not apply to acts outside the scope of Mr.
Smith's employment or services or for claims for punitive damages. The CITY will have
the authority to compromise and settle any such claim or suit within the scope of Mr.
Smith's employment and pay the amount of any settlement or judgment rendered
thereon.
Police Chief Employment Agreement
Page 4 of 9
(B) To the maximum extent permitted by law, the CITY and Mr. Smith shall
rely upon the doctrine of sovereign immunity and the provisions of Section 768.28,
Florida Statutes, and other applicable law.
SECTION 10. TERMINATION AND SEVERANCE PAY.
(A) Any termination of Mr. Smith shall be accomplished in accordance with the
provisions of the City Charter or other controlling law or practice. In the event that Mr.
Smith is terminated by the CITY for any reason other than termination based upon a
finding of violation of Chapter 112, Part 3, Florida Statutes; violation of the City Charter,
a violation of the CITY's Code of Ethics; any ethical violation that constitutes a breach of
public trust as determined by the Florida Commission on Ethics; controlling Florida law;
for any action that would constitute an abandonment of office including, but not limited
to, loss of Florida law enforcement officers certification; or malfeasance or
misfeasance in office; while Mr. Smith is willing and able to perform the duties of Police
Chief of the City of Sanford, then and in that event the CITY agrees to pay Mr. Smith
lump sum severance pay equal to twenty (20) weeks (as set forth as the statutory
maximum in Section 215.425 (4)(a), Florida Statutes. However, in the event that Mr.
Smith is terminated based upon a basis as set forth above, then, and in that event, the
CITY shall have no obligation to make severance payment provided for in this Section.
In the event Mr. Smith voluntarily leaves the employment of the CITY within twelve (12)
months of employment, then in that event initial PTO awarded under Section 7(A) and
7(B) shall not be paid and severance pay shall, likewise, not be paid.
(B) In the event that the CITY, at any time during the employment, reduces
the financial benefits of Mr. Smith in a greater percentage than any applicable across -
the board reduction for all CITY employees, or in the event, that the CITY refuses,
following written notice, to comply with any other provision of this Agreement, Mr. Smith
may be deemed to be "terminated without cause" within the meaning of Section 10(A)
at the date of such reduction or such refusal to comply with the provision of this
Agreement and the severance provisions of this Section shall become applicable.
Should the CITY establish a policy encouraging the use of PTO and limiting the hours
eligible for accrual, such action shall not be deemed to be a reduction in benefits.
(C) In the event that the CITY, at any time during the employment of Mr.
Smith, refuses, following written notice, to comply with any of the terms of this
Agreement benefitting Mr. Smith, or Mr. Smith resigns following a suggestion by the City
Manager of the City of Sanford that he resign, then in that event, Mr. Smith may, at his
option, consider himself "terminated without cause" within the meaning of Section 10
(A) on the date of such action by the City Manager of the City of Sanford and the
severance provision shall become applicable.
(D) In the event that Mr. Smith voluntarily resigns his position with the CITY,
then Mr. Smith shall give the CITY no less than thirty (30) days written notice in
advance, unless the parties otherwise agree.
SECTION 11. RETIREMENT.
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In addition to his compensation set forth in Section 4, Mr. Smith is eligible to
participate in the CITY's retirement system available to CITY police officers. If
authorized by controlling law, Mr. Smith may direct the amount of the retirement benefit
that the CITY would normally contribute for Mr. Smith to the retirement system available
to CITY police officers to any other retirement plan or program of Mr. Smith's choice,
provided that such diversion does not result in any additional costs to the CITY.
SECTION 12. PROFESSIONAL ASSOCIATIONS AND DEVELOPMENT.
(A) The CITY agrees to pay for the reasonable professional dues and
subscriptions of Police Chief as may be necessary for his continuation and participation
in public safety and law enforcement organizations as may enhance his statute and the
stature of the CITY provided that such professional dues and subscriptions are
consistent with the budget approved by the City Commission. Any additional
professional dues and subscriptions are subject to approval by the City Manager of the
City of Sanford.
(B) The CITY hereby agrees to pay the reasonable travel and subsistence
expenses of Mr. Smith for professional and official travel, meetings and occasions
adequate to reasonably continue the professional development of Mr. Smith and to
adequately pursue necessary official and other functions for the CITY consistent with
budgetary conditions and the approval of the City Manager of the City of Sanford and
consistent with the general travel policies of the CITY. In addition, the CITY shall pay
for New Police Chief Orientation and /or Training offered by the State of Florida or a
recognized law enforcement association one (1) time during the first twelve (12) months
of Mr. Smith's employment.
(C) The CITY recognizes that from time -to -time certain expenses of a non -
personal and generally job affiliated nature may be incurred by Mr. Smith in his capacity
as Police Chief of the City of Sanford, which amounts shall be reasonably reimbursed or
paid to Mr. Smith in amounts not to exceed appropriations for the same prior to said
expenses being incurred in accordance with CITY policies and consistent with
budgetary conditions and the approval of the City Manager of the City of Sanford.
SECTION 13. OTHER TERMS AND CONDITIONS OF EMPLOYMENT.
(A) The CITY shall fix any such other terms and conditions of employment, as
it may determine from time -to -time, relating to the performance of Mr. Smith; provided,
however, that such terms and conditions are not inconsistent with or conflict with the
provisions of this Agreement, CITY policies and procedures, State law or any other
applicable law.
(B) Mr. Smith agrees to submit to a complete physical examination by a
qualified physician selected by the CITY at any time upon the prior request of the CITY,
the cost of which shall be paid by the CITY. The CITY shall receive a copy of all medical
Police Chief Employment Agreement
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reports related to said examination. Said physical may include, but may not necessarily
be limited to, drug, alcohol, behavioral and such other appropriate testing; provided"
however, that Mr. Smith shall not be deemed to have waived his rights under the
Federal Health Insurance Portability and Accountability Act ( "HIPPA ") law or any other
applicable State or Federal law. Notwithstanding the foregoing, the CITY may
accomplish fitness for duty evaluations to ensure that Mr. Smith remains qualified to
accomplish his duties.
SECTION 14. MOVING AND RELOCATION EXPENSES.
(A) Mr. Smith agrees to establish residence in a property having a Sanford
mailing address within six (6) months of employment, and thereafter to continually
maintain residence in a property having a Sanford mailing address. It is expected that
any temporary housing Mr. Smith utilizes until establishing residency will have a
Sanford mailing address. Mr. Smith may request the City Manager to grant an additional
period within which to establish residency in a property having a Sanford mailing
address which period shall not exceed an additional six (6) months.
(B) The CITY shall pay directly or reimburse Mr. Smith for the expenses of
moving him and his immediate family (spouse and legal dependents) and personal
property from Elgin, Illinois to Sanford, Florida. Said moving expenses include packing,
moving, storage costs, unpacking, and insurance charges.
(C) The CITY shall reimburse Mr. Smith one time for actual lodging and meal
expenses for his family, as described above, in route from Elgin, Illinois to Sanford,
Florida. Mileage costs for moving two (2) personal automobiles shall be reimbursed at
the current rate per mile in accordance with CITY policies. The CITY shall reimburse Mr.
Smith one time for documented expenses for moving and storage of Mr. Smith's
personal belongings associated with establishing a residence in a property having a
Sanford mailing address, which reimbursement shall not exceed the amount to be
established as the lowest of three (3) competitive bids obtained from moving
companies. The reimbursement request must be submitted to the CITY within twelve
(12) months of the date of the execution of this Agreement.
(D) The CITY shall pay Mr. Smith an interim housing supplement of $1,200
monthly for up to nine (9) months or until he has established residency in a property
having a Sanford mailing address.
(E) The CITY shall reimburse Mr. Smith for a total of no more than three (3)
round trip air fares for Mr. Smith and his spouse at any time during the first twelve (12)
months of service to the CITY in order to assist with house hunting and other facets of
the transition and relocation process. Mr. Smith shall be reimbursed for actual lodging
within the City of Sanford and meal expenses incurred by Mr. Smith within the City of
Sanford and herein; provided, however, that the total number of house hunting and
related days allowed for reimbursement shall not exceed three (3) days per trip. The
CITY shall accomplish its actions in accordance with CITY policies.
Police Chief Employment Agreement
Page 7 of 9
SECTION 15. GENERAL PROVISIONS.
(A) The language of the City Charter and the City Code relating to the position
and functions of the Police Chief of the City of Sanford is incorporated herein by
reference into this Agreement as though it were set forth in the text of this Agreement
verbatim.
(B) If any provision, or any portion thereof contained in this Agreement is held
to be unconstitutional, invalid or unenforceable, the remainder of this Agreement, or
portion thereof, shall be deemed severable, shall not be affected and shall remain in full
force and effect.
(C) Time is of the essence of the lawful performance of the duties and
obligations contained in this Agreement. The parties covenant and agree that they shall
diligently and expeditiously pursue their respective obligations set forth in this
Agreement.
(D) This Agreement and the terms and conditions hereof shall be binding upon
and inure to the benefit of the CITY and Mr. Smith and their respective successors in
interest.
(E) This Agreement and the provisions contained herein shall be construed,
controlled and interpreted according to the laws of the State of Florida. Florida law shall
govern the interpretation and enforcement of this Agreement. Further, venue for any
dispute resulting from this Agreement shall be in the Eighteenth Judicial Circuit Court in
and for Seminole County, Florida.
(F) Each party hereto represents to the other that it has undertaken all
necessary actions to execute this Agreement, and that it has the legal authority to enter
into this Agreement and to undertake all obligations imposed on it.
(G) This Agreement is the result of bona fide arm's length negotiations
between the parties and both parties have contributed substantially and materially to the
preparation of the Agreement. Accordingly, this Agreement shall not be construed or
interpreted more strictly against anyone (1) party than against any other party.
(H) In the event of any action to enforce the terms of this Agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees, paralegals' fees,
and costs incurred, whether the same be incurred in pre - litigation negotiation, litigation
at the trial level, or upon appeal.
(1) The headings or captions of the sections and subsections contained in this
Agreement are used for convenience and reference only, and do not, in themselves,
have any legal significance and shall not be afforded any.
(J) The parties shall comply with applicable State and local laws, regulations
Police Chief Employment Agreement
Page 8of9
and ordinances. All laws relating to the open government, public meetings and public
records shall be carefully complied with.
(K) This Agreement may not be amended, changed, or modified, and material
provisions hereunder may not be waived, except by a written document, of equal dignity
herewith and signed by all parties to this Agreement.
(L) This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which, taken together, shall constitute one
and the same document.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed by affixing their signature thereto on the dates indicated.
SIGNATURE PAGE FOLLOWS
T:
CITY OF
Lel
Approved as to form and
legal sufficiency.
!�
nie N. Groot, Esquir
,ssistant City Attorney
_3
Second Witness
Norton N.
Jr., City Manager
POLICE CHIEF
'Ss
Cecil E. Smith
Police Chief Employment Agreement
Page 9 of 9