982-Non renew of Al GrieshaberMEMORANDUM
CITY 0I: SAN]IOI~D~ i~LOlklDA
300 Nort~ Par~ Az,eh% sa~forb~ ?[odba 32771
TO:
CC:
FROM:
RE:
DATE:
Al Grieshaber, Jr, City Manager
Members of the City Commission
Jan Dougherty, City Clerk
William L Colbert, City Attorney
Mayor Brady Lessard ~
Non-Renewal of City Manager Employment Agreement
January 25, 2005
As you know, in accordance with the provisions of Section 3 of the Employment Agreement
between you and the City of Sanford, the City Commission of the City of Sanford, at last
night's public meeting, elected to not renew the terms of said Agreement.
In accordance with the terms of the Agreement the Agreement will, accordingly, expire on
August 4, 2005. Thus, the determination not to renew has been made at least six (6)
months prior to the expiration of the term of the Agreement.
Thank you for your attention to this matter.
EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this 26th day of June, 2003, by and between
the City of Sanford ("City"), a political subdivision of the state of Florida, and Al Grieshaber, Jr.
("Employee") as follows:
WITNESSETH:
WHEREAS, City desires to employ the services of said Al Grieshaber, Jr. as City Manager
of Sanford, Florida, as provided by Section 3.01, City of Sanford Charter; and
WHEREAS, it is the desire of the City to provide certain benefits, to establish certain
conditions of employment, and to set working conditions of said Employee; and
WHEREAS, Employee desires to accept employment as City Manager of Sanford, Florida;
NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as follows:
Section 1: Duties
The City hereby agrees to employ said A1 Grieshaber, Jr. as City Manager to exercise the
executive responsibilities and duties of local self-government not inconsistent with the City of
Sanford Charter and to perform other legally permissible and proper duties and functions as the City
shall from time to time assign.
Section 2: Term
A. Employee agrees to accept employment as the City Manager of Sanford, Florida and to
begin service in that position on August 4, 2003, and to continue that service until completed
pursuant to Sections 3, 4 or 5 of this agreement.
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B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the
City to terminate the services of Employee at any time, subject only to the provisions set forth in
Section 3, paragraph A, of this agreement and Article III, City of Sanford Charter.
C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the
Employee to resign at any time from his position with City subject only to the provision set forth in
Section 4 of this agreement.
Section 3: Termination and Severance Pay
A. In the event that Employee is terminated by the City during such time as employee is
willing and able to perform the duties of City Manager, then the City agrees to continue Employee's
salary and benefits in full force and effect until August 4, 2005, or for six months after termination,
whichever is latest, as a severance benefit; provided, however, that in the event Employee is
terminated as a result of his conviction of any felony, any crime of moral turpitude or any illegal act
involving personal gain to him in conjunction with his employment, the City shall have no obligation
to make the salary and benefits payments designated in this Agreement. Employee waives any
entitlement to unemployment compensation in consideration of severance pay.
After the initial term of two years, the Employment Agreement shall be automatically
renewed for a period of two years, unless the Mayor and Board of Commissioners give the Employee
written notice of its intention not to renew this Agreement at least six months prior to the expiration
of the current two year term, such written notice to be adopted at a regular public meeting of the
Mayor and Board of Commissioners of Sanford, Florida.
B. At Employee's option, he may request a lump sum cash payment of the salary and
benefits to which he is entitled pursuant to paragraphs A above by making written request therefor
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within 30 days following the date of termination, and the City agrees to pay such salary and benefits
in a lump sum cash payment not later than thirty (30) days following Employee's request therefor.
C. In the event the City at any time during the employment of Employee shall cause his
salary or other financial benefits to be reduced in a greater percentage than an applicable across-the-
board reduction for City employees at the department head level, or in the event the City refuses,
following written notice, to comply with any other provisions hereof which benefits Employee as
stated herein, or in the event Employee shall resign following a formal request for his resignation
by the City pursuant to the procedures of Article III, City of Sanford Charter, then Employee may
at his option be deemed to have been "terminated" as of the date of such reduction or such refusal
or such resignation and shall be entitled to the continuation of salary and benefits payments stated
in this Agreement.
D. Should the Charter be changed to provide for an elected executive rather than the present
appointed city manager position, then the employee may at his option be deemed to have been
"terminated" as of the date the elected executive takes office and he shall be entitled to severance
as provided in paragraph 3 A. above.
Section 4: Resignation
In the event Employee voluntarily resigns his position with City, then Employee shall give
City three months notice in advance, unless the parties agree otherwise. The Employee shall be
entitled only to payment of salary accrued to date of termination and for unused vacation time and
sick leave in accordance with City policy.
Section 5: Disability
If Employee is unable to perform his duties for any reason, including but not limited to
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sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond
any accrued sick leave, City shall have the option to terminate this agreement. In this event,
employee shall be entitled to six months severance pay. Upon electing to participate in the City's
long-term disability policy, Employee agrees to pay the cost of premiums at the same rate as
provided to other managerial employees.
Section 6: Salary
City agrees to pay Employee for his services rendered pursuant hereto an annual base salary
of $125,000.00, payable in installments at the same time as other employees of the City are paid.
The City shall consider additional salary or benefit increases as it may deem appropriate no
later than sixty days after completion of Employee's annual performance evaluation which increase
shall be retroactive to the evaluation date/anniversary date.
Section 7: Performance Evaluation
The City shall review and evaluate the performance of the Employee at least once annually,
by August 4th of each year, and at such other times as the City deems appropriate. Said review and
evaluation shall be in accordance with specific criteria developed -jointly by City and Employee.
Said criteria may be added to or deleted from as the City may time to time determine, in consultation
with the Employee.
Section 8: Outside Activities
Employee shall be permitted to engage in teaching during non-work time, so long as such
activity is not in conflict with the interests of the City. The City shall be the sole.judge of whether
any conflict exists.
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Section 9: Moving and Relocation Expenses
City will be invoiced directly, for the expenses of moving Employee, Employee's family, and
Employee's personal property from Leesburg, Georgia to Sanford, Florida. Such expenses shall
include but not be limited to, packing, any necessary storage, insurance related to the movement of
household goods and unpacking.
Section 10: Temporary Housing
A. Employee shall be reimbursed for expenses incurred in no more than two house hunting
trips for Employee and spouse.
B. City shall provide an allowance for temporary housing for Employee, as additional
compensation, in the amount ors 1,889.00 per month commencing August l, 2003, until Employee's
present residence is sold, or for a period not to exceed 9 months fbr a maximum of $17,001.00,
whichever event first occurs.
Section 11: Automobile and Other Items
Employee's duties require that he shall have thc individual and exclusive use at all times
during his employment with City of an automobile provided to him by thc City for business and
incidental or occasional local personal trips. City shall furnish an appropriate car for Employee's
use. Thc City shall bc responsible for paying for liability, property damage, and comprehensive
insurance, and for thc costs of thc operation, maintenance, repair and regular replacement of said
automobile.
Employee's duties require that he shall have the individual and exclusive use at all times
during his employment with City of a cellular telephone, lap top computer and printer provided to
him by the City for business and incidental personal use. Employee shall select and City shall
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purchase an appropriate cellular telephone, lap top computer and printer for Employee's use. The
City shall be responsible for paying for the cost of operation, maintenance, repair and regular
replacement of said cellular telephone, lap top computer and printer.
City shall provide an annual physical examination to the Employee at no cost to the
Employee.
Section 12: Vacation and Sick Leave
Upon being employed, Employee shall be credited with 100 hours of sick leave to be reduced
as sick leave is earned. Employee shall accrue, and have credited to his personal account, vacation
at the rate of 15 days a year and sick leave at the same rate as other employees of the City. Upon
termination of employment, employee shall be paid for all unused vacation leave and sick leave in
accordance with City policy.
Section 13: Disability, Health, and Life Insurance
A. City agrees to pay at the same rate as provided to other managerial employees cost of
premiums for either group hospitalization, surgical and comprehensive medical insurance or an
equivalent participation in an HMO for employee and his dependents.
B. City agrees to provide Employee with life insurance in the amount of $50,000.00.
Employee will have the right and option to purchase additional life insurance coverage up to a
maximum of $300,000.00 in accordance with City policy and insurance coverage.
Section 14: Retirement
City agrees to pay an amount equal to 6.6% of Employee's base salary into a designated
account on Employee's behalf.
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Section 15: Dues and Subscriptions
City agrees to budget for and to pay for professional and other dues and subscriptions of
Employee necessary for his continuation and full participation in national, regional, state, and local
associations and organizations necessary and desirable for his continued professional participation,
growth, and advancement, and for the good of the City.
Section 16. Professional Development
A. City hereby agrees to budget for and to pay for registration, travel and subsistence
expenses of Employee pursuant to Chapter 112, Florida Statutes for professional and official travel,
meetings, and occasions adequate to continue the professional development of Employee and to
adequately pursue necessary official functions for City, including but not limited to the Florida City
and County Management Association Annual Conferences, and such other national, regional, state
and local governmental groups and committees in which Employee serves as a member.
B. City also agrees to budget for and to pay for registration, tuition, travel and subsistence
expenses of Employee pursuant to Section l 12, Florida Statutes for short courses, institutes, and
seminars that are necessary for his professional development and for the good of the City.
Section 17: Indemnification
In addition to that required under state and local law, City shall defend, save harmless, and
indemnify Employee against any tort, professional liability claim or demand or other legal action,
whether groundless or otherwise, arising out of an alleged act or omission occurring in the
performance of Employee's duties as City Manager, unless he acted in bad faith or with malicious
purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.
The City shall not be liable in tort for the acts or omissions of the Employee committed while acting
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outside the course and scope of his agreed duties or committed in bad faith or with malicious purpose
or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. City
may compromise and settle any such claim or suit and pay the amount of any settlement or judgment
rendered thereon.
Section 18: Other Terms and Conditions of Employment
A. The City in consultation with the Employee shall fix any such other terms and conditions
of employment, as it may determine from time to time, relating to the performance of Employee,
provided such terms and conditions are not inconsistent with or in conflict with the provisions of this
agreement, the City of Sanford Charter, or any other law.
B. All provisions of the City of Sanford Charter and Code, and regulations and rules of the
City relating to vacation and sick leave, retirement and pension system contributions, holidays, and
other benefits and working conditions as they now exist or hereafter may be amended, also shall
apply to Employee as they would to other managerial employees of the City, in addition to said
benefits enumerated specifically for the benefit of Employee except as herein provided.
Section 19: No Reduction of Benefits
City shall not at any time during the term of this agreement reduce the salary, compensation
or other financial benefits of Employee, except to the degree of such a reduction across-the-board
for all department head employees of the City.
Section 20: Notices
Notices pursuant to this agreement shall be given by deposit in the custody of the United
States Postal Service, postage prepaid, addressed as follows:
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(l)
(2)
Employer:
City of Sanford
c/o Mayor Brady Lessard
1501 E. 2nd Street
Sanford, Florida 32771
Employee:
A1 Grieshaber, Jr.
P.O. Box 1845
Albany, Georgia 31702
Alternatively, notices required pursuant to this agreement may be personally served in the same
manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of
personal service or as of the date of deposit of such written notice in the course of transmission in
the United States Postal Service.
Section 21: General Provisions
A. The text herein shall constitute the entire agreement between the parties.
B. This agreement shall be binding upon and inure to the benefit of the heirs at law and
executors of Employee.
C. This agreement shall be effective upon execution.
D. If any provision, or any portion thereof, contained in this agreement is held
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.
IN WITNESS WHEREOF, the Board of Commissioners of the City of Sanford, Florida, has
caused this agreement to be signed and executed in its behalf by its Mayor, and duly attested by its
clerk, and the Employee has signed and executed this agreement, both in duplicate, the day and year
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first above written.
CITY OF SANFORD
t~ity Clerk
ATTEST:
Witness
N ER ,
City Attorney
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