1495 Police Chief Bill Lee• •
CITY OF SANFORD /CITY POLICE CHIEF
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this /T " day of April, 2011, 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 Charterof
the CITY, and Billy R. Lee, Jr., whose address is Florida
32732, hereinafter called "POLICE CHIEF ".
WITNESSETH:
WHEREAS, the CITY desires to employ the services of the POLICE CHIEF as the
City 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, the POLICE CHIEF represents that he is capable of serving and
desires to accept employment as City 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 the POLICE CHIEF and provide
certain benefits and establish certain conditions of employment to which the POLICE
CHIEF 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 the POLICE CHIEF
as the City 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. The POLICE CHIEF shall commence full time employment on May 8, 2011. The
POLICE CHIEF agrees to fully and faithfully execute the duties and responsibilities of the
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office of City 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 the POLICE CHIEF to maintain certification as a certified Florida law
enforcement officer.
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 POLICE CHIEF at any time, subject only
to the provisions set forth in Section 9(A) of this Agreement.
(B). Nothing in this Agreement shall prevent, limit, or otherwise interfere with
the right of the POLICE CHIEF to resign at any time from his position with the CITY,
subject only to the provisions set forth in Section 9(B), 9(C) and 9(D) of this
Agreement.
(C). The POLICE CHIEF 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 the POLICE CHIEF's time off and to the extent such does not conflict or
interfere with POLICE CHIEF's duties hereunder and is in the best interests of the CITY.
In addition, "employment" shall not mean any work or compensation associated with the
winding down of the POLICE CHIEF's former employment with Seminole State College
( "SSC ") and any related transition issues, including his assistance with SSC's recruiting
and /or hiring his replacement at SSC.
SECTION 4. COMPENSATION.
The CITY agrees to pay the POLICE CHIEF for his services rendered pursuant to
the terms and conditions of this Agreement, an annual salary of ONE HUNDRED TWO
THOUSAND TWO HUNDRED NINETY -NINE AND 21 /100THS DOLLARS ($102,299.21)
payable in equal bi- weekly payments or portions thereof in accordance with the CITY's
payroll system. The POLICE CHIEF'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 April 30, 2012 and then occurring for the periods ending April 30 of each
succeeding year. The CITY agrees to consider an increase in the POLICE CHIEF's
salary and other benefits payable to the POLICE CHIEF in such amounts and to such
extent as the CITY may determine desirable based on the City Manager's written
evaluation of the POLICE CHIEF's performance during the evaluation period.
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SECTION 5. AUTOMOBILE, PAGER AND CELLULAR PHONE.
(A). The CITY shall provide the POLICE CHIEF 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 the POLICE CHIEF to use the motor vehicle as City Police Chief of the City
of Sanford and as part of his demonstrating community policing activities. The POLICE
CHIEF is encouraged to maximize his presence within the City of Sanford community
(which shall not be deemed to confine the activities of the POLICE CHIEF 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. The
POLICE CHIEF'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 the POLICE CHIEF 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 the POLICE CHIEF to use for
CITY business which shall be and remain CITY property in the event that the POLICE
CHIEF vacates the position of City Police Chief of the City of Sanford for any reason. As a
result of the twenty -four (24) a day responsibilities placed upon, and inherent in, the
position of POLICE CHIEF, the POLICE CHIEF's 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 6. INSURANCE COVERAGE.
(A). The CITY shall provide to the POLICE CHIEF 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 the POLICE CHIEF's premium on a life insurance policy
written in an amount equal to the POLICE CHIEF's annual salary.
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SECTION 7. PAID TIME OFF AND HOLIDAYS.
(A). Upon commencement of services to the CITY as POLICE CHIEF, the
POLICE CHIEF shall be credited with ninety -two (92) hours of paid time off (PTO). The
POLICE CHIEF, 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.
(B). Upon commencement of services to the CITY as POLICE CHIEF, the
POLICE CHIEF shall be credited with and shall be entitled to use up to forty (40) hours of
administrative leave each year of service with the first year of service concluding on
September 30, 2011.
(C). The POLICE CHIEF shall be entitled to bereavement leave under the terms
and conditions set forth in CITY policy.
(D). It is recognized that the POLICE CHIEF'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 the POLICE CHIEF 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). The POLICE CHIEF shall be entitled to paid holidays in accordance with
CITY policy.
(F). The POLICE CHIEF 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 CHIEF's 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 8. INDEMNIFICATION AND BONDING.
(A). The CITY shall defend, save harmless and indemnify the POLICE CHIEF
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 the POLICE CHIEF's duties as City Police
Chief of the City of Sanford. However, this covenant shall not apply to acts outside the
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scope of POLICE CHIEF'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 POLICE CHIEF's employment and pay the amount of any settlement or
judgment rendered thereon.
(B). To the maximum extent permitted bylaw, the CITY and the POLICE CHIEF
shall rely upon the doctrine of sovereign immunity and the provisions of Section 768.28,
Florida Statutes, and other applicable law.
SECTION 9. TERMINATION AND SEVERANCE PAY.
(A). Any termination of the POLICE CHIEF shall be accomplished in
accordance with the provisions of the City Charter or other controlling law or practice. In
the event that the POLICE CHIEF 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 the POLICE CHIEF is willing and able to
perform the duties of City Police Chief of the City of Sanford, then and in that event the
CITY agrees to pay the POLICE CHIEF lump sum severance pay equal to six (6) months
of the POLICE CHIEF's then current salary together with accrued PTO under the same
terms and conditions as any other City employee if the termination occurs within the first
six (6) months of employment; lump sum severance pay equal to five (5) months of the
POLICE CHIEF's then current salary together with accrued PTO under the same terms
and conditions as any other City employee if the termination occurs within the first seven
(7) months of employment; lump sum severance pay equal to four (4) months of the
POLICE CHIEF's then current salary together with accrued PTO under the same terms
and conditions as any other City employee if the termination occurs within the first eight
(8) months of employment; and lump sum severance pay equal to three (3) months of the
POLICE CHIEF's then current salary together with accrued PTO under the same terms
and conditions as any other City employee if the termination occurs within the first nine (9)
months of employment or thereafter. However, in the event that the POLICE CHIEF 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
the POLICE CHIEF 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. After the first twelve
(12) months of employment, the POLICE CHIEF shall earn an additional week of
severance entitlement for each year of service to the CITY.
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(B). In the event that the CITY, at any time during the employment, reduces
the financial benefits of the POLICE CHIEF 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, the
POLICE CHIEF may be deemed to be "terminated without cause" within the meaning of
Section 9(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.
However, during the first twelve (12) months of employment, at a minimum, the POLICE
CHIEF shall not be subject to any employment furlough and it is affirmatively recognized
that the position of Chief of Police is a position of employment within City of Sanford
government that is a critical command positions that requires, as a general rule,
continuous command and supervision.
(C). In the event that the CITY, at any time during the employment of the
POLICE CHIEF, refuses, following written notice, to comply with any of the terms of this
Agreement benefitting the POLICE CHIEF, or the POLICE CHIEF resigns following a
suggestion by the City Manager of the City of Sanford that he resign, then in that event,
the POLICE CHIEF may, at his option, consider himself "terminated without cause" within
the meaning of Section 9(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 the POLICE CHIEF voluntarily resigns his position with
the CITY, then the POLICE CHIEF shall give the CITY no less than thirty (30) days written
notice in advance, unless the parties otherwise agree.
SECTION 10. RETIREMENT.
In addition to his compensation set forth in Section 4, the POLICE CHIEF is
eligible to participate in the CITY's retirement system available to CITY police officers. If
authorized by controlling law, the POLICE CHIEF may direct the amount of the retirement
benefit that the CITY would normally contribute for the POLICE CHIEF to the retirement
system available to CITY police officers to any other retirement plan or program of the
POLICE CHIEF's choice provided that such diversion does not result in any additional
costs to the CITY.
SECTION 11. 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
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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 POLICE CHIEF for professional and official travel, meetings and occasions
adequate to reasonably continue the professional development of the POLICE CHIEF
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 the POLICE CHIEF'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 the POLICE CHIEF in
his capacity as City Police Chief of the City of Sanford which amounts shall be reasonably
reimbursed or paid to the POLICE CHIEF in amounts in 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 12. 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 the POLICE CHIEF;
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). The POLICE CHIEF 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 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 the POLICE CHIEF 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 the POLICE CHIEF remains
qualified to accomplish his duties.
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SECTION 13. GENERAL PROVISIONS.
(A). The language of the City Charter and the City Code relating to the position
and functions of the City 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 the POLICE CHIEF 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 arms 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 any one (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.
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(J). The parties shall comply with applicable State and local laws, regulations
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
Police Chief Employment Agreement
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ATTEST:
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Approved as to form and
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CITY OF SANFORD
Tom G , Interim City M ger
POLICE CHIEF
Billy Lee
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