2183 Chief Lee Separation Agrmtmi-I't
MEMORANDUM OF AGREEMENT
To: Norton N. Bonaparte, Jr., City Manager
From: Billy R. Lee, Jr. Police Chief
Signaturg
Date: April 23, 2012
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Department, o so diligently and bravely erve the citizens of Sanford. I am willing,
ready and able to continue to perform the duties of Chief of Police for the City of
Sanford and have not been found to have committed any wrongdoing. However, in
response to the City Manager's suggestion that I resign from my position and solely to
allow the City to move beyond recent events, I have decided that I can no longer serve
as Police Chief.
I I P a g e
(1) The City accepts my signature above and this notice and the conditions set forth
herein as providing for adequate notice with regard to termination of my Employment
Agreement with the City at the suggestion of the City Manager. The City affirms that I
have complied with the requirements of Section 9(D) and all of my obligations under the
Employment Agreement. The City has complied with the requirements of, and all
obligations under, the Employment Agreement.
(2) On May 4, 2012, 1 shall receive my last temporary administrative leave payment.
(3) On May 4, 2012, 1 shall be paid a lump sum payment equal to ninety-eight and
one-fourth (98 1/4) days of pay in accordance with Section 9 (A) of the Employment
Agreement.
(4) On May 4, 2012, 1 shall be paid a lump sum payment equal of. (a) 217 hours- of
accrued leave that I have accrued, (b) 40 hours of administrative time that I have
accrued, and (c) a sum equal to ninety-eight and one-fourth (98 Y4) days of COBRA
premiums in order to maintain my current health insurance coverage for myself and my
family.
(5) My leaving the City will be in bilateral good standing and, based upon that fact,
there is no reason to develop or enter into any formal non -disparagement agreement.
The City agrees to recommend me positively to potential future employers as a result of
and on the basis of the accomplishments of the City under my management and
leadership of the Police Department. We each have no basis for disparaging comments
relative to me, the City or its officials or personnel. In that vein, the City and I agree that
the City and I have no claims or assertions or obligations against one another other than
as provided for in this Agreement. Both the City and I agree that this resignation from
employment and its implementing actions are being accomplished in accordance with
Florida law and the Employment Agreement.
(6) Should either party breach the terms of this Agreement, that party shall be
subject to the payment of attorney's fees relative to any legal action that may be
necessary to enforce the terms and conditions of this Agreement.
(7) 1 am providing this document to the City Commission; however, in the event the
City Commission fails to approve this Agreement on April 23, 2012, this document shall
have no force or effect and my contingent resignation shall be deemed withdrawn.
I have appreciated the time I have served the citizens of Sanford with the employees of
the City of Sanford and especially the men and women of the Police Department.
Through good and bad, we have served well. I am a law enforcement professional and
will continue to serve my community in the future.
Agreed to and accepted by Billy R. Lee, Jr. and the City of Sanford on this 23rd day of
April, 2012. By execution of this Agreement by me, above, and the City below, we
expressly agree and accept the terms and conditions set forth herein.
ATTEST.
Janet Dougherty, City Clerk
For the use and reliance of City of Sanford
only, Approved as to form and legal
sufficiency.
William L. Colbert, City Attorney
CITY OF SANFORD
By.
Norton N. Bonaparte, Jr., City Manager
(Under the authority of the City
Commission).
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2.
ResolutionNo. 2300
A Resolution of the City Commission of the City of Sanford,
Florida approving the separation agreement tendered to the
City Manager by Police Chief Billy R. Lee, Jr.; providing for
legislative findings and intent; providing for authorization and
urging actions of City personnel and citizens of the City;
providing for a savings provision; providing for administrative
implementation; providing for conflicts; providing for
severability and providing for an effective date.
Be it adopted and resolved by the City Commission of the City Of Sanfor
Florida as follows: I
Section 1. Legislative Findings and Intent.
The City of Sanford has complied with all requirements and procedures of
Florida law in processing this Resolution and finds that the adoption of this
Resolution is in the best interests of the City of Sanford and its citizens.
Section 2. Approval of Separation Agreement.
(a). The City Commission of the City of Sanford hereby approves and
authorizes the City Manager to execute the separation agreement tendered to
the City Manager by Police Chief Billy R. Lee, Jr.
(b). The City Commission of the City of Sanford expresses its
continuing and renewed commitment to all citizens of the City for the protection
of the public safety and the protection of the public welfare. The City Commission
further expresses its continuing and renewed commitment to the men and
women of the City's Police Department and urges all members of the
Department, sworn and unsworn, to rededicate their efforts to service to the
public.
(c). The City Commission of the City of Sanford urges all citizens of the
�1 e
City to work together, in a spirit of unity and harmony, toward a better future for
the City of Sanford, its citizens, it churches and businesses.
Section 3. Savings.
The prior actions of the City Manager of the City of Sanford relating to,
and pertaining to, Police Chief Billy R. Lee, Jr. are hereby ratified and affirmed.
Section 4. Future Implementing Actions.
The City Manager is hereby granted full and complete authority to take
any and all necessary administrative actions that may be desirable or necessary
to implement the actions taken in this Resolution.
Section 5. Conflicts.
All resolutions or parts of resolutions in conflict with this Resolution are
hereby repealed.
Section 6. Severability.
If any section, sentence, phrase, word or portion of this Resolution is
determined to be invalid, unlawful or unconstitutional, said determination shall not
be held to invalidate or impair the validity, force or effect of any other section,
sentence, phrase, word or portion of this Resolution not otherwise determined to
be invalid, unlawful or unconstitutional.
Section 7. Effective Date.
This Resolution shall become effective immediately upon enactment.
2 111 a g
Passed and adopted this 23d day of April, 2012.
Attest: City Commission of the City of
Sanford
Janet R. Dougherty, City Clerk Jeff Triplett, Mayor
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
William L. Colbert, City Attorney
3 111 a !,