1906 City Clerk Cynthia Porter Employment Contract77—
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To: City Clerk
E: Request for Services
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Development Order
Final Plat (original mylars)
Letter of Credit
Maintenance Bond
Ordinance
Performance Bond
Resolution
Once completed, please:
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® File and Safekeeping
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Mayor's signature
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Recording
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Rendering
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Record Custodian
Original Employment Agreement for Cynthia Porter dated December 11, 2018. Please file in
safekeeping manner accordingly.
Please advise if you have any questions regarding the above.
Thank you!
From
T:\Dept_forms\City Clerk Transmittal Memo - 2009.doc
Date
Employment Agreement for the Charter Office of City Clerk between the City of
Sanford, Florida and Cynthia H. Porter
Introduction:
This agreement made and entered into this day of; 2017, by and
between the City of Sanford, Florida, a municipal corporation, (hereinafter called the
"CITY") and Cynthia H. Porter (hereinafter called the "CITY CLERK").
Section 1: Term
This Agreement shall remain in full force in effect upon full execution hereof by the parties
until terminated by the CITY or CITY CLERK as provided in Section 9, 10, 11, or 12 of
this Agreement.
Section 2: Employment as Charter Officer of the City of Sanford; Duties and
Authority
The CITY agrees to employ the CITY CLERK of the City of Sanford, a Charter Officer of
the CITY, to perform the functions and duties specified in the City Charter and the City
Code of the City of Sanford, applicable Florida law, and to perform other legally
permissible and proper duties and functions. The CITY CLERK agrees to fully and
faithfully execute the duties and responsibilities of the office of the CITY CLERK of the
City of Sanford under any and all applicable law.
Section 3: Compensation
A. The CITY agrees to pay the CITY CLERK an initial base salary of $q q l , ° 2-1
,
payable in installments at the same time that the other management employees of the
CITY are paid. An additional 6% shall be paid upon receiving the Certified Municipal Clerk
designation.
B. This Agreement shall be automatically amended to reflect any salary adjustments
that are provided or required by the CITY's compensation policies or as reflected from
actions in accordance with Section 3.0 of this Agreement.
C. Consideration shall be given on an annual basis by the City Commission of the
City of Sanford to increase salary and other benefits payable to the CITY CLERK
dependent upon the results of the performance evaluation conducted under the
provisions of Section 13 of this Agreement.
Section 4: Health, Disability and Life Insurance Benefits
A. The City agrees to provide and to pay the premiums for health, hospitalization,
surgical, vision, dental and comprehensive medical insurance for the CITY CLERK and
her dependents equal the greatest amount that is provided to any other management
employee of the CITY.
B. The CITY agrees to continue to make required premium payments for short term
disability coverage for the CITY CLERK.
C. The CITY shall pay the amount of the premium due for term life insurance in the
amount of the CITY CLERK's annual base salary, including all increases in the base
salary during the life of this Agreement. The CITY CLERK shall name beneficiary(ies) of
the life insurance policy and provide such information to the CITY.
Section 5: Paid Time Off and Holidays
A. The CITY CLERK shall continue to accrue PTO on an annual basis at the highest
rate equal to any other management employee of the CITY (272 hours at present).
B. The CITY CLERK shall be entitled to paid holidays as any other CITY employee
C. The CITY CLERK shall ensure that the City Commission and City Manager are
apprised on any occasion during which she will not be available to accomplish her day-
to-day activities as CITY CLERK due to leave or other authorized absence (in advance if
practicable) and that a CITY employee (of suitable position and stature) is appointed to
act in the CITY CLERK's place and stead during such absence. The City Commission
shall be advised, in writing, of the person so appointed.
D. The CITY CLERK shall be entitled to accrue all unused PTO, consistent with City
Policies (5.13), and in the event that the CITY CLERK's employment is terminated, either
voluntarily or involuntarily except for terminations arising from cause as set forth herein,
the CITY CLERK shall be compensated for all accrued PTO, all paid holidays, and other
benefits to date, including her previously accrued sick leave bank in accordance with
already established City policy.
Section 6: Monthly Cell Phone Allowance
A. The CITY agrees to provide the CITY CLERK a City cell phone with adequate cell
phone capabilities, and to maintain the same.
Section 7. Retirement
The CITY agrees to make all appropriate contributions into the Florida Retirement System
on the CITY CLERK's behalf.
Section 8. General Business Expense
A. The CITY agrees to budget for and to pay for professional dues and subscriptions
of the CITY CLERK necessary for continuation and full participation in national, regional,
State, and local associations, and organizations necessary and desirable for the CITY
CLERK's continued professional participation, growth, and advancement, and for the
good of the CITY. The CITY shall accomplish its actions in accordance with CITY policies,
and as approved by the City Commission.
B. The CITY agrees to budget for and to pay for reasonable travel and subsistence
expenses of the CITY CLERK for professional and official travel, meetings, and occasions
to adequately continue the professional development of the CITY CLERK and to pursue
necessary official functions of the CITY including, but not limited to, the International
Institute of Municipal Clerks, Florida Association of City Clerks, and such other national,
regional, State, and local governmental groups and committees in which the CITY CLERK
serves as a member. The CITY shall accomplish its actions in accordance with CITY
policies, and as approved by the City Commission.
C. The CITY also agrees to budget for and to pay for reasonable travel and
subsistence expenses of the CITY CLERK for short courses, institutes, conferences, and
seminars that are necessary for the CITY CLERK's professional development and for the
good of the CITY. The CITY shall accomplish its actions in accordance with CITY policies,
and as approved by the City Commission.
D. The CITY acknowledges the value of having the CITY CLERK participate and be
directly involved in local civic clubs or organizations. Accordingly, the CITY shall pay for
the reasonable membership fees and/or dues to enable the CITY CLERK to become an
active member in local civic clubs or organizations, as approved by the City Commission.
Section 9: Termination Without Cause.
For the purpose of this Agreement, termination without cause shall occur when:
A. The majority of the City Commission votes to terminate the CITY CLERK at a duly
authorized public meeting and the termination is without cause. Any termination of the
CITY CLERK shall be accomplished in accordance with provisions of the City Charter or
other controlling law or practice of the City Commission.
B. In the event the CITY CLERK is terminated without cause by the CITY during the
three (3) months immediately following the seating and swearing-in of two (2) or more
new members of the City Commission, and during such time that the CITY CLERK is
willing and able to perform her duties under this Agreement, then, the CITY agrees to pay
severance in accordance with Section 10, plus salary and benefits in accordance with
Section 10 for any portion of the three (3) months not worked.
C. The CITY CLERK shall be compensated for all accrued PTO, and all applicable
paid holidays constituting work days during the period of severance pay shall be included
in the calculation of severance pay; additionally, her previously accrued sick leave bank
shall be paid in accordance with already established City policy.
D. The CITY shall pay the cost to continue the following benefits, as the City Clerk is
tenured with 25+ years and is entitled to receive per HR Policy 2.45:
1. Health insurance for the CITY CLERK and all dependents as provided in Section
4.A.
Section 10: Severance Pay
A. Severance pay shall be paid to the CITY CLERK when employment is terminated
as defined in Section 9.
B. If the CITY CLERK is terminated, the CITY shall provide severance pay equal to
six (6) weeks of salary at the current rate of pay, or the maximum allowed by Florida law
if such has been earned by adding one (1) week of severance for each year of continuing
service in the position of CITY CLERK; provided, however, that, in no event, shall
severance pay exceed ten (10) weeks of salary or the maximum allowed by controlling
State law, whichever is less. Severance pay shall be paid in a lump sum unless otherwise
agreed to by the CITY and the CITY CLERK.
C. The CITY CLERK shall be compensated for all accrued PTO, and all applicable
paid holidays constituting work days during the period of severance pay shall be included
in the calculation of severance pay; additionally, her previously accrued sick leave bank
shall be paid in accordance with already established City policy,
D. For the period established in Section 10.A, following termination without cause, the
CITY shall pay the cost to continue the following benefits, as the City Clerk is tenured with
25+ years and is entitled to receive per HR Policy 2.45:
1. Health insurance for the CITY CLERK and all dependents as provided in Section
4.A.
Section 11: Termination With Cause.
If the CITY CLERK is terminated because of an adjudication or conviction of a crime
involving moral turpitude, a felony, a finding of 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, or the City Commission; for any action that
would constitute an abandonment of office, a departure from generally accepted public
management practices and principles, or malfeasance or misfeasance in office, then the
CITY is not obligated to pay the benefits that it would otherwise be obligated to pay if the
CITY CLERK was terminated without cause under this Agreement. A plea of nolo
contendere shall constitute a conviction under the provisions of this Agreement.
Section 12: Resignation
A. In the event the CITY CLERK voluntarily resigns her position with the CITY, the
CITY CLERK shall provide a minimum of thirty (30) days notice unless the parties agree
otherwise. A resignation will be in writing.
B. The CITY CLERK shall be compensated for all accrued PTO, and her previously
accrued sick leave bank shall be paid in accordance with already established City policy.
C. Per HR Policy 2.45, the CITY shall pay the cost to continue the following benefits,
as the City Clerk is tenured with 25+ years and is entitled to receive:
1. Health insurance for the CITY CLERK and all dependents as provided in Section
4.A.
Section 13: Performance Evaluation
A. The CITY COMMISSION shall annually review the performance of the CITY
CLERK subject to a process, form, criteria, and format for the evaluation which shall be
mutually agreed upon by the CITY and the CITY CLERK. The process at a minimum
shall include the opportunity for both parties to: (1) prepare a written evaluation, (2) meet
and discuss the evaluation, and (3) present a written summary of the evaluation results.
The final written evaluation should be completed and delivered to the CITY CLERK within
thirty (30) days of the evaluation meeting.
Section 14: Hours of Work
The CITY CLERK shall be allowed to establish an appropriate work schedule, given that
the CITY CLERK must devote time outside the normal office hours for business of the
CITY; however, it is expected that the normal pay period will be eighty (80) hours.
Section 15: Indemnification
A. Beyond that required under Federal, State or local law, the CITY shall defend, save
harmless and indemnify the CITY CLERK against any tort, professional liability claim or
demand or other legal action, whether groundless or otherwise, arising out of an alleged
act of omission occurring in the performance of the CITY CLERK's duties as CITY CLERK
or resulting from the exercise of judgment or discretion in connection with the
performance of program duties or responsibilities, unless the act or omission involved
willful, wrongful or wanton conduct by the CITY CLERK. The CITY CLERK may request
and the CITY shall not unreasonably refuse to provide independent legal representation
at the CITY's expense and the CITY may not unreasonably withhold approval. Legal
representation, provided by the CITY for the CITY CLERK, shall extend until a final
determination of the legal action including any appeals brought by either party. The CITY
shall indemnify the CITY CLERK against any and all losses, damages, judgments,
interest, settlements, fines, court costs and other reasonable costs and expenses of legal
proceedings, including attorney fees, and any other liabilities incurred by, imposed upon,
or suffered by the CITY CLERK in connection with or resulting from any claim, action,
suit, or proceeding, actual or threatened, arising out of or in connection with the
performance of her duties. Any settlement of any claim must be made with prior approval
of the CITY in order for indemnification, as provided in this Section, to be available.
Section 16: Bonding
The CITY shall bear the full cost of any fidelity or other bonds required of the CITY CLERK
under any law or ordinance as may be applicable and require such bonding.
Section 17: General Provisions
A. Integration. This Agreement sets forth and establishes the entire understanding
between the CITY and the CITY CLERK relating to the employment of the CITY CLERK
by the CITY. The parties by mutual written agreement may amend any provision of the
Agreement during the life of this Agreement. Such amendments shall be incorporated
and made a part of this Agreement.
B. Binding Effect. This Agreement shall be binding on the CITY and the CITY CLERK
as well as their heirs, executors, and personal representatives.
�7
C. Effective Date. This Agreement shall become effective on � �i J , 2017,
however, it will be retroactive to October 1, 2016.
In Witness Whereof, the parties hereto have made and executed this Agreement on the
respective dates under each signature.
Cyn is H. Porter
Date: l 2--1 t-/-7
Jeff Triplett, Mayor Norton N. Bo aparte, Jr-,- ity Manager
Date: Z - / P - r � Date: o : ,