1326 Tooley Retirement AgrmtRETIREMENT AND TRANSITION AGREEMENT 872�
THIS RETIREMENT AND TRANSITION AGREEMENT, executed this day of September,
2010, by and between BRIAN F. TOOLEY (hereinafter referred to as "Tooley ") and THE CITY OF
SANFORD, FLORIDA (hereinafter referred to as "Sanford ") is as follows:
WHEREAS, Tooley is and has been employed by Sanford as its Chief of Police since 1999 and
has provided honorable and distinguished service to Sanford; and
WHEREAS, Tooley and Sanford entered into a City of Sanford Employment Agreement dated
July 27, 1999, which provided for the elements of Tooley's compensation and benefits; and
WHEREAS, After many years of valued service and dedication to Sanford, pursuant to this
Retirement And Transition Agreement, Tooley will be retiring as of January 31, 2011, and thus Sanford
will be implementing a transition plan, whereby a nationwide search or other appropriate measures will
commence relative to the recruitment and engagement of a new Chief of Police, and Tooley will
participate in and provide assistance with the transition as needed by Sanford; and
WHEREAS, Section 4.01.(c) of the Sanford City Charter provides as follows:
Chief of police to be appointed by city manager. There shall be a chief of
police who shall be appointed by the city manager from eligible lists to be
furnished by the civil service board. The chief of police shall be the head
of the police department, and as such shall appoint subordinates from
eligible lists to be furnished by the civil service board. The chief of police
shall have power, for cause, to discipline any officer or employee of the
police force and shall perform such other duties as may be required by this
act [charter], by the laws and ordinances of the city or by the city manager.
The chief of police shall be responsible to the city manager for the proper
functioning of the police department. The chief of police and other police
officers or patrolmen shall receive such compensation as may be fixed by
the city commission.
; and
WHEREAS, The undersigned City Manager has the power and authority to enter this
Retirement and Transition Agreement as acknowledged in open session of the City Commission; and
WHEREAS, The parties have entered into this Retirement and Transition Agreement to
commence a an orderly, smooth and coordinated transition process upon which both parties can reliably
base plans and work to effectuate a seamless transition and the best in service to the citizens of Sanford,
NOW, THEREFORE, in consideration of the premises and mutual promises contained herein,
and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
it is agreed as follows:
Orr
1. Upon approval of this Retirement and Transition Agreement by the City Manager of Sanford,
this Retirement and Transition Agreement shall immediately take effect, bind the parties, and replace the
City of Sanford Employment Agreement entered into on July 27, 1999 between Sanford and Tooley.
Thus, the effective date of this Retirement and Transition Agreement shall be the day that the Sanford
City Manager approves this Retirement and Transition Agreement. In the event that the said City
Manager does not approve this Retirement and Transition Agreement in full, then the parties shall
remain in the status quo as they were prior to their signing this Retirement and Transition Agreement,
with Tooley continuing as Chief of Police for Sanford, as if this Retirement and Transition Agreement
had not been signed by Tooley, and the City of Sanford Employment Agreement entered into on July 27,
1999 between Sanford and Tooley shall remain in full force and effect, and Tooley will not be deemed
to have resigned, tendered resignation or expressed intent to retire.
2. Tooley shall continue to be employed by Sanford as its Chief of Police through January 31,
2011. Immediately thereafter, from February 1, 2011 through April 30, 2011, Tooley shall remain
employed by Sanford as a police officer serving only in the role of a transition facilitator and providing
consultation as may be reasonably required by Sanford from time -to -time. During the period of
February 1, 2011 through April 30, 2011 Tooley shall not be required to report to work and shall be free
to simultaneously work for another employer or himself, in any manner that does not conflict with his
being a law enforcement officer for Sanford, if he so chooses, but shall make himself reasonably
available upon reasonably advance notice to facilitate the transition to a new Chief of Police. Sanford
shall not unreasonably object to any employment of Tooley and shall not withhold any approval
unreasonably and shall consent in writing to such employment upon reasonable request being made.
3. Through April 30, 2011, Sanford will continue, without interruption, to pay and provide to
Tooley all of the same salary, benefits, perquisites, allowances and other compensation as Tooley
currently receives in his employment at Sanford pursuant to the City of Sanford Employment dated July
27, 1999. Tooley's salary, benefits, perquisites, allowances and other compensation shall not in any
manner be reduced or adversely affected by this Retirement and Transition Agreement. For example,
and not by way of limitation, Tooley shall continue to receive his salary of $116,451.30, and applicable
increases; his health, life, disability and other insurances, his full pension participation and pension
accruals, his mortgage incentive, expense reimbursement, and all other fringe benefits, perquisites and
other payments and compensation as Sanford has customarily provided to Tooley; provided, however,
with regard to leave, on September 30, 2010 Tooley shall cease earning leave and his vacation and sick
leave balances shall be totaled as of that date; provided, further, however, that on October 1, 2010
Tooley shall be credited with 80 hours of paid time off to use as leave, for vacation or sick purposes as
Tooley deems appropriate, during the period of October 1, 2010 through January 31, 2011, on which
date Tooley shall be paid for any leave balance remaining from the 80 hours on that date and provided,
further, however, that on February 1, 2011 Tooley shall cease being paid for or entitled to his City
vehicle usage benefit.
4. With regard to the leave bank which Tooley has accrued throughout his many years of
employment at Sanford, which leave bank, if no leave is used until September 30, 2010; currently totals
1,060 hours of sick leave and 755.37 hours. Tooley shall be entitled, at any time after the effective date
of this Retirement and Transition Agreement, to "cash out" and receive full cash payment for all, or any
portion(s), of his leave bank as Tooley so chooses. The balance in Tooley's leave bank as of April 30,
2011, including also the accruals of leave that occurred during the term of this Retirement and
pe
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Transition Agreement, and any amount that Tooley has not earlier "cashed in" pursuant to this paragraph
as referenced herein- above, shall be paid in full to Tooley on or before May 7, 2011.
5. The City of Sanford shall have the option to discontinue use of Tooley's services at any time
after the effective date of this Retirement and Transition Agreement. However, Sanford guarantees, and
shall be obligated to comply with, honor, and continue to pay Tooley, all of the salary, leave bank sums,
compensation, benefits, perquisites, reimbursements, allowances and all other payments and benefits of
all kinds, as set forth herein just as if Tooley remained in full service to Sanford, without interruption,
through April 30, 2011. In other words, for avoidance of doubt, Sanford must pay to Tooley and provide
to Tooley all of what he would receive under this Retirement and Transition Agreement, regardless of
whether Sanford chooses to discontinue use of Tooley's services prior to April 30, 2011 or at any time
during the term of this Retirement and Transition Agreement. The only exception to this guarantee is
that if Tooley 1) is convicted in a court of competent jurisdiction of a felony related to his employment
at Sanford; or 2) is adjudicated after due process by the State of Florida Commission on Ethics to have
committed a breach of the public trust as defined by Section 112.312(3), Florida Statutes, then in such
event Tooley's continued payments shall be terminated.
6. In the event of any conflict between this Retirement and Transition Agreement, and any
Sanford policies, programs and/or standard procedures, this Retirement and Transition Agreement shall
control and govern. However, in no event shall this Retirement and Transition Agreement be construed
so as to deny Tooley any additional benefits or compensation to which he would otherwise be entitled
under any Sanford policy, program or procedure except to the extent specifically set forth herein.
7. In the event that Tooley dies during the term of this Retirement and Transition Agreement, his
wife shall be the direct beneficiary of and shall be entitled to immediate cash payment of his full leave
bank balance, and all other payments and benefits to which Tooley was entitled under this Retirement
and Transition Agreement.
8. This Retirement and Transition Agreement contains the entire understanding of the parties and
may not be modified, except by a subsequent, mutually agreed upon writing which is signed by both
parties as an express amendment to this Retirement and Transition Agreement.
9. In the event of litigation regarding breach or enforcement of this Retirement and Transition
Agreement, the prevailing party in such litigation shall also be entitled to an award of reasonable
attorneys' fees and costs.
10. Time if of the essence in performance of this Retirement and Transition Agreement.
11. The laws of the State of Florida shall govern this agreement.
AGREED AND EXECUTED BY THE PARTIES:
SIGNATURE PAGE FOLLOWS
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Dated: 6 Brian F. Tooley
" Tooley"
Dated: 9 0
City of Sanford, Florida
"Sanfor "
By: rr
Tom George
Its: Interim City Manager
ATTEST.
Qdzk��
Janet Dougherty
City Clerk
For use and reliance of the
Sanford City Commission only.
Approved to form and 1 a 'ty.
it iam 1. Colbert
City attorney
El