10-07-1996 Voting Order
Councilman Mitchum
Mayor Hayman
Councilman Hatfield
Councilwoman Martin
Councilman Hays
AGENDA
CITY COUNCIL OF EDGEWATER
OCTOBER 7, 1996
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF
ALLEGIANCE
2. PRESENTATION OF LIFE SAFETY ACHIEVEMENT AWARD CERTIFICATE
TO EDGEWATER FIRE - RESCUE
3. APPROVAL OF MINUTES
A. Special meeting /Public hearing of September 9, 1996
B. Regular meeting of September 16, 1996
4. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY
(Other than public hearings)
5. CITY COUNCIL REPORTS
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Public hearing re: proposed settlement of Toni
DeHaven claim
7. CONSENT AGENDA
(None)
8. OTHER BUSINESS
A. Approve purchase of liability /property /casualty
insurance for FY 1996 -97 in amount of $106,999
B. Approval of 1996 amendments to FOP, PEA and SPEA
Agreements
9. GENERAL CITIZEN COMMENTS /CORRESPONDENCE
10. OFFICER REPORTS
11. ADJOURN.
NOTE: All items for inclusion on the next City Council agenda
must be received by the City Manager's office no later than 4:30
p.m. Monday, October 14, 1996.
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made
with respect to any matter considered at a meeting or hearing, that individual will
need a record of the proceedings and will need to insure that a verbatim record of
the proceedings is made.
In accordance with the Americans with Disabilities Act, persons needing assistance
to participate in any of these proceedings should contact City Clerk Susan
Wadsworth, 904 - 424 -2407, prior to the meeting.
City Of Edgewater
Department Of Fire Rescue Services
P.O. Box 100
Edgewater, Fl 32132 -0100
Phone 904/424 -2445 Fax 904/424 -2450
William C. Vola, Chief Lisa R. Miller, Administrative Assistant
23 September 1996
TO: City Manager George McMahon S � �t)
E N 2 3 19 96
RE: Life Safety Achievement Award Gaye
Since 1994, the International Association of Fire Chiefs and Operation
Life Safety have been recognizing the nation's fire departments that have had
outstanding fire safety statistics and /or have taken a proactive stance in
providing a safer environment in their community.
This year a total of 153 departments representing 37 states, 3 countries
and the District of Columbia, are being recognized for their efforts to eliminate
or reduce their community's fire life loss statistics.
Edgewater Fire - Rescue received the International Association of Fire
Chiefs Life Safety Achievement Award on August 23, 1996 "in recognition of its
work to keep its community free of deaths from fire in the year of 1995." This
prestigious award would not have been possible without the high level of
dedication and devotion that the organization receives from each of its
members.
I would like to request that this certificate be presented to the City
Council during its 07 October meeting.
Some important information:
There have been -0- fire deaths in Edgewater since November 1989.
There have been fire related property losses of nearly $850,000 dollars
since November 1989.
Edgewater Fire /Rescue has saved • more than $9 million dollars worth of
citizen property from fire since November 1989.
Edgewater Fire /Rescue has provided emergency medical care to nearly
10,000 citizens since November 1989.
Nifty
1 EDGEWATER'S LIFE FORCE
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"WORIQNG TOGETHER TOWARDA LIFESAVING SOLUTION"
1......, ,
Volume 11, Numbers 9 & 10 September /October 1996
Fire & Life Safety Programs Recognized-
Third Annual OLS /IAFC Fire Department Recognition Awards
ince 1994, the International Association of Fire Chiefs (NC) Fire Department, Wyoming (MI) Fire Department and Xenia
(IAFC) and Operation Life Safety (OLS) have been recog (OH) Fire Division, have been recognized twice for their efforts to
nizing this nation's fire departments and their chief fire officers eliminate life loss from fire in their community. These departments
which have had outstanding fire safety statistics and/or have taken a received both the 1993 and the 1995 Life Safety AchievementAward.
proactive stand toward improving their community's fire /life safety Sixteen other fire departments, however, received the Life Safety
records. Achievement Award in two consecutive years, 1994 and 1995 —
In the firstyear ofthe awards program, which recognized fire and including Annapolis (MD) Fire Department; Ann Arbor (MI) Fire
life safety achievements for the calendar year 1993, the IAFC /OLS Department; Big Wheeling Creek (WV) Vol. Fire Department;
received 26 applications representing 14 states. Fire services recog- Eastpointe (MI) Fire & Rescue; East Ridge (TN) Fire Rescue;
nized in Michigan and Ohio dominated that year's program. Fayetteville (GA) Fire Department; Fishers (IN) Fire Department;
The second year's program, which recognized fire and life safety Lenexa (KS) Fire Department; McMahan (KY) Fire Protection
achievements for the cal- District #14; McMinnville
endar year 1994, 40 fire (OR) Fire Department;
departments, representing Nacogdoches (TX) Fire
20 states, were bestowed Department; Northville
this destinction. Michi- Township (MI) Fire De-
LIFE SAFETY ACHIEVEMENT AWARD
gan again lead the pro- P : reco artmenr, Palatine (IL) Fire
gram with the most fire those jurisdictions that have successfully responded to and Department; Prospect
departments recognized. extinguished fire without the loss of a single life in the calendar Heights (ND Vol. Fire Co.;
In this, the third y ear year. 1995, Santa Clara (CA) Fire De-
of the Fire & Life Safety partmenr, and Wolfeboro
program, 153 fire depart- (NY) Fire - Rescue.
Adrian Fire Department Avon Fire Department Finally, five fire de-
ments representing 37 y
Chief Larry Liedel Chief Andrew S. Burnett
states, three countries and Adrian, Michigan Avon, Indiana partments have been be-
the District of Columbia, stowed the Life Safety
are being recognized for Anderson Department of Bay City Fire Department Achievement Award for
their efforts to eliminate or Fire and Emergency Services Chief Gary Mueller
Chief Jerry E. Quire Bay City, Michigan all three y ears of the pro -
reduce their community's Anderson, Indiana gram (1993- 1995): Lee
fire life loss statistics. Once Bay Shore Fire Department Summit(MO)FireDepart-
again, Michigan leads this Annapolis Fire Department Chief Eric Schnall menr, Redford Township
Chief Edward P. Sherlock, Jr. Bay Shore, New York MI Fire Department;
awardsprogramwith2l fire Annapolis, Maryland ( ) P
departments being recog- Baytown Fire & Rescue SaginawCharterTownship
nized—athree- foldincrease Ann Arbor Fire Department Chief Bob Leiper (MI) Fire Department;
41110. over last year. Florida is a Chief Georg Markus Baytown, Texas Union Township (OH)
Ann Arbor, M
dose second with 13 fire Belcourt Rural Fire Department F Department; and
departmentsrecognizedand Apple Valley Fire Department Chief Peter J. Hamley WhiteBearLake(MN)Fire
Texas is third with nine fire Chief Mary Calvin Belcourt, North Dakota Department.
departments recognized Appl Valley, Minnesota Congratulations to
Berk Townsh
Of special emphasis, Ashburnham Fire Department Fire Prevention Bureau all 153 fire departments
four fire departments in- Chief Paul Zbikowski Chief William 1. Schultz for protecting and serving
duding Midland (MI) Fire Ashburnharn, Massachusetts Bayville, New Jersey your communities well in
Department, Mount Airy 1995!
Fire & Life Safety Awards Continued from previous page
Big Wheeling Creek Vol. Dearborn Heights Fire Department East Ridge Fire Rescue Gordon Co. Fire Department
Fire Department Chief James Langlois Chief Eddie Phillips Chief Mike Satterfield
Chief Kevin' G. Coleman Dearborn Heights, Michigan East Ridge, Tennessee Calhoun, Georgia
Wheeling, West Virginia
Derry Fire Department Edgewater Fire - Rescue Grand Blanc Fire Department
Boca Raton Fire - Rescue Services Chief Ronald D. Gagnon Chief William C. Vola Chief James B Harmes
Chief Kerry B. Koen Derry, New Hampshire Edgewater, Florida Grand Blanc, Michigan
Boca Raton, Florida
Detroit Metropolitan Wayne El Dorado Fire Department Grenloch Fire Department
Bonner Springs Fire Department County Airport Fire Department Chief Ben E. Blankenship Chief Howard Deveney
Chief Warren L. Hanks Chief David L. Russow El Dorado, Arkansas Grenloch, New Jersey
Bonner Springs, Kansas Detroit, Michigan
Farmington Fire Department Hampden Township Fire Company
Brewer Fire Engine Co. No. 1 Dothan Fire Department Chief Robert L. McCleery Chief Tim Knepp, Sr.
Chief Walter A. Morris Chief Dennis L. Rubin Farmington, Maine Mechanicsburg, Pennsylvania
Monsey, New York Dothan, Alabama
Hampton Division of Fire & Rescue
Bridgeport Fire Department Chief Gregory B. Cade
Chief John Podgorski Hampton, Virginia
Bridgeport, Michigan T .• •
.l e Sa etyAChievement Haverford Township Bureau of Fire
Brownstown Fire Department Fire Marshal James A. Marino
Chief Larry Morabito Havertown, Pennsylvania
Brownstown, Michigan Recipients
1 Hickory Fire Department
Buena Vista Township 1993-1995 Chief Herman Bishop
Fire Department 77J Hickory, North Carolina
Chief Scott A. Pellerito
Saginaw, Michigan • • • • • • • ............. O O • Huntington Beach Fire Depatmrnt
Lee's Summit Fire Department Chief Michael Dolder
Camdenton Fire Department Huntington Beach, California
Chief David J. Stonitsch Chief Richard A. Dyer
Camdenton, Missouri Lee's Summit Missouri Hurffville Fire Department
Y�r Chief Alfred J. Morgan, Jr.
Camp Pendleton Fire Department Redford Township Fire Departme Hurffville, New Jersey
Chief Robert E. Praytor Chief Leonard Sobieski
Camp Pendleton, California Resford, Michigan Industrial Fire Brigade
Chief Norman M. Spence
Central Jackson County Fire Saginaw Charter Township Fire Department Bellmawr, New Jersey
Protection District Chief Richard Powell
Chief Steve Westermann Saginaw, Michigan Isles of Capri Fire Department
Blue Springs, Missouri Chief Emilio Rodriquez
Union Township Fire Department Naples, Florida
on
Champion Township p p
Fire Department Chief Stanley G. Deimling Jacksonville Fire Department
Chief Richard H. Fowler Cincinnati, Ohio Chief Rodney M. Kelley
Warren, Ohio Jacksonville, Texas
White Bear Lake Fire Department
Chesterfield Township Chief Tim Vadnais James Island Fire Department
Fire Department Chief Charlie Rhodes
White Bear Lake, Minnesota
Chief Edward Cuneo James Island, South Carolina
Chesterfield, Michigan
Kankakee Fire Department
Chillicothe Fire Department . Fayetteville Fire Department Chief Terry Lewis
Chief Bruce Vaughan Dougherty Regional Fire Authority Chief Henry W. Argo Kankakee, Illinois
Chillicothe, Ohio Chief Karl Diekman Fayetteville, Georgia
San Ramon, California Kissimmee Fire Department
Coppell Fire Department Fishers Fire Department Chief Larry K. Bell
Chief John Linstrom Dover Fire & Rescue Chief Brian D. Lott Kissimmee, Florida
Coppell, Texas Chief David F. Bibber Fishers, Indiana
+`, Dover, New Hampshire Kitty Hawk Fire Department
Corsicana Fire Department Garden City Fire Department Chief J. Lowell Spivey
Chief Troy England Downers Grove Fire Department Chief Kenneth R. Hines Kitty Hawk, North Carolina
Corsicana, Texas Chief Lanson Russell Garden City, Michigan
Downers Grove, Illinois Knob Noster Vol.: Fire Department
Covington Fire Department Goodyear Fire Department Chief Rick Johnson
Chief Whatley E. Curtis Eastpointe Fire & Rescue Chief Mark Gaillard Knob Noster, Missouri
Covington, Georgia Chief Danny H. Hagen Goodyear, Arizona
Eastpointe, Michigan
on page 7
2 September /October 1996 — OLS Newsletter
6 .
AGENDA REQUEST
C.A. NO.: 96 -131
Date: October 2, 1996
'err
PUBLIC
HEARING 10/07/96 RESOLUTION ORDINANCE
OTHER
CONSENT BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Public Hearing Regarding Proposed Settlement of Toni Dehaven Claim
BACKGROUND:
Pursuant to Section 164.106, Florida Statutes, no settlement of a claim
in excess of $5000.00 shall be entered into unless the terms of the
settlement have been the subject of a public hearing.
RECOMMENDATION /CONCLUSION:
It is recommended that the Council consider settlement of the Toni
Dehaven claim at the public hearing. As a condition to settlement, each
"'`party should bear their own costs in the matter.
FUNDS AVAILABLE: (ACCOUNT NUMBER) Self Insurance - 50590
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO XX
DATE: AGENDA ITEM NO.
Respectfully submitted,
411
Krista A. Storey
City Attorney
KAS
Nosw
AGENDA REQUEST
Date: SEPTEMBER 24. 1996
OTHER
, lear CONSENT BUSINESS 10/07/96
PUBLIC HEARINGS,
ORD., RESOLUTION
ITEM DESCRIPTION /SUBJECT:
Approve purchase of Liability /Property /Casualty Insurance
for FY -96/97 in the amount of $106,999.
BACKGROUND:
The City purchases various insurance coverage, as shown on
my memorandum dated September 24, 1996, under its self - insurance
program. This coverage is principally through Risk Management
Associates - an increase of $28,391 is due to the improved
General Liability coverage (a $5,000 deductible), and Boiler and
Machinery coverage ($216). The other increases total $245. A
total of $105,510 has been budgeted for FY- 96/97. The short fall
of $1,489 can be covered.
RECOM ENDATION /CONCLUSION:
Staff recommends City Council's consideration of this
request to purchase these insurance coverage.
FUNDS AVAILABLE ACCOUNT NUMBER: 50590 -53450
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
F.D. NO.: 09 -01
PRESENTED BY: Ferdinand Munoz, Finance Director
PREVIOUS AGENDA ITEM: YES NO XX
DATE: AGENDA ITEM NO.
Re pectfully ubm ted,
./
Ferdinand Munoz,
Finance Director
Co currence:
.Q
Copy to: File Geor ge/E. McMahon
FMAGENDRMAINS City Manager
J '
CITY OF EDGEWATER
MEMORANDUM
`'sir►'
TO: George E. McMahon, City Manager
FROM: Ferdinand Munoz, Finance Director /�
SUBJECT: FY -1997 Property /Casualty Insurance
DATE: September 24, 1996
Coverage Limit Retention Insurer Agent
LIABILITY INSURANCE (Total bill - see below) Cost: $94,807
General Liability $3,000,000 $ 5,000 Coregis RMA
Law Enforcement 1,000,000 5,000 Coregis RMA
Public Official 1,000,000 100,000 Coregis RMA
EMT Liability 1,000,000 5,000 Coregis RMA
Auto Liability 1,000,000 100K /$200K Coregis RMA
PROPERTY INSURANCE
Property Insurance $17,991,681 $ 2,500 Coregis RMA
Cost Above
44 """' Crime 10K -$250K 1,000 Coregis RMA
See Schedule Cost Above
Boiler & Machinery 5,000,000 2,500 Hartford RMA
Cost $ 4,529
Pension Fiduciary 1,000,000 2,500 AET Jennings Ins
Cost $ 5,128
Auto Physical Damage Cash Value 2,500 Coregis RMA
Cost Above
ACCOUNTS RECEIVABLE AET Jennings Ins
Cost $ 1,147
3RD PARTY LIABILITY (FUEL TANKS)
Corrective Action MacMilliari- Buchanan
Cost $ 438
LINE OF DUTY AD &D WITH HEART & CIRCULATION ON FIREMEN
Fresh Pursuit 25,000 Hunt Insurance Group
Intentional Death 75,000 Cost $ 950
Nor Total Self - Insurance Program Cost $106,999
WORKERS COMPENSATION FMSIF Florida League
Cost $209,550
FMEDGEINS 9 7
AGENDA REQUEST B
C.A. NO.: 96 -130
Date: October 2, 1996
PUBLIC
HEARING RESOLUTION ORDINANCE
N,, OTHER
CONSENT BUSINESS 10/7/96 CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Approval of 1996 Amendments to FOP, PEA and SPEA Agreements
BACKGROUND:
Attached for consideration by the Council are the proposed 1996
Amendments to the FOP, PEA and SPEA Agreements. Consideration by the
Council is contingent upon ratification by the respective bargaining
units prior to the Council meeting.
RECOMMENDATION /CONCLUSION:
Staff recommends that the Council consider approval of the proposed
1996 Amendments to the FOP, PEA and SPEA Agreements effective October
4, 1996.
'V`r FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO XX
DATE: AGENDA ITEM NO.
Respectfully submitted,
4
c44 4 4 'S
Krista A. Storey
City Attorney
N r KAS
Attachments
AMENDMENT TO FOP AGREEMENT
THIS AMENDMENT TO FOP AGREEMENT made this day of
October, 1996, by and between the CITY OF EDGEWATER, FLORIDA, a
municipal corporation (hereafter "City ") and FRATERNAL ORDER OF
POLICE, FLORIDA STATE LODGE (hereafter "FOP ").
WITNESSETH, that the parties hereto have agreed to amend that
certain Agreement executed on February 8, 1996, such that:
I. Article 10 - Leave of Absence is hereby amended to read as
follows:
The Police Chief may grant an employee a leave of absence with
or without pay for a period not to exceed thirty (30) days. Leaves
of absence with or without pay for a period in excess of thirty
(30) days shall be approved by the DCR. Only employees with a
sufficient amount of accrued time shall be eligible for a leave of
Now
absence with pay.
For the purpose of this Article, the taking of a day off
without pay shall not constitute a leave of absence without pay
until an employee has accumulated five (5) days off without pay
within any twelve (12) month period.
Holidays, sick leave, vacation leave, and any other benefit
based on time spent in the employ of the City shall not accrue
during a leave of absence without pay. Any salary increases for
which an employee would have become eligible based in whole, or in
part, on length of service with the City shall not be credited
`'`' during any period of leave of absence without pay. During a leave
of absence without pay an employee shall be given the opportunity
to continue existing insurance coverage pursuant to the
Consolidated Omnibus Budget Reconciliation Act of 1985 (hereinafter
COBRA), and any amendments hereto.
Holidays, sick leave, vacation leave, and any other benefit
based on time spent in the employ of the City shall accrue during
a leave of absence with pay until such time as the leave of absence
with pay extends beyond sixty (60) working days. If the approved
leave of absence with pay exceeds sixty (60) working days, sick
leave and vacation leave shall not accrue during the period of
Now
leave of absence with pay exceeding sixty (60) working days.
1996 FOP Amendment
October 2, 1996 1
Any employee who is a member of the National Guard or an
organized military or naval reserve unit of the United States will
be allowed a maximum of seventeen (17) working days leave of
absence with pay in any one annual period the employee is engaged
+ in training ordered under the provisions of the United States
military or naval training regulations. During such period of
leave with pay the employee's benefits shall continue
uninterrupted. Administrative leaves of absence for additional or
longer periods of time for assignment to duty functions of a
military character shall be without pay unless the employee has a
sufficient amount of accrued time and shall be granted by the City
and when so granted shall be without loss of time or efficiency
rating.
Pursuant to the Family and Medical Leave Act of 1993, upon
request, employees with at least twelve (12) months of service who
have worked an average of more than twenty -four (24) hours per week
over the preceding twelve (12) months (1,250 hours), will be
granted leave without pay for up to a maximum of twelve (12) weeks
in any twelve (12) month period for childbirth, adoption of a
child, or a serious health condition of the employee or her
immediate family member (spouse, parent, child). Employees with a
sufficient amount of accrued time shall be eligible for a leave of
absence with pay. The City will determine the amount of leave
available for an eligible employee by using a "rolling" twelve (12)
month period measured backward from the date an employee uses any
Ilse such leave. The procedure to be followed in requesting family and
medical leave and any additional requirements shall be as set forth
in the City's Personnel Policy and Procedure Manual, and as that
document may from time to time be amended.
II. Article 14 - Holidays and Personal Days is amended to read as
follows:
The City will recognize the following as paid holidays:
New Years
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving Day
*Now Christmas Day
1996 FOP Amendment
October 2, 1996 2
A. If a holiday falls on a Saturday, the holiday will be
observed on the Friday before the holiday. If the holiday falls on
a Sunday, the holiday will be observed on the Monday following the
holiday.
B. For those employees participating in the Platoon System,
if the actual holiday falls on an employee's off duty day, he shall
receive an additional day's compensation paid at his regular rate
of pay.
C. For those employee's participating in the Platoon System,
if the actual holiday falls on an employees on duty day, he shall
be compensated at the rate of time and one -half his regular rate of
pay for all hours worked on the holiday in addition to his holiday
pay.
D. In order to be eligible for holiday pay an employee must
work both his last scheduled work day before the holiday and the
first scheduled work day after the holiday unless the absence is
due to compensated leave.
E. Holiday pay shall not be withheld for any reason other
than being waived by the employee with the concurrence of the Chief
of Police. In lieu of the holiday pay an employee shall be allowed
a day off with pay. The day taken off in lieu of the holiday must
be taken within thirty (30) calendar days.
F. For those employees participating in the Platoon System,
a day shall be considered to be twelve (12) hours.
Each employee shall be entitled to three (3) personal days
with pay per year which must be taken within that year. Employees
shall not receive pay in lieu thereof. Personal days shall be
scheduled with the approval of the Police Chief.
III. Article 30 - Wages is amended to read as follows:
For fiscal years 1996 - 1997 and 1997 - 1998, the pay -for-
performance plan and a 457 deferred compensation plan shall be
funded in a total amount equal to four (4) percent of the
cumulative annual salaries for all employees. This Article shall
not be construed to guarantee an individual employee any given
percentage as a wage adjustment. Wage adjustments for individual
employees shall be determined by their performance evaluation.
From the four (4) percent of the cumulative annual salaries of all
1996 FOP Amendment
October 2, 1996 3
• employees, the City shall contribute three and 69/100 dollars
($3.69) per week to a 457 deferred compensation plan established
for each individual employee.
IV. Article 38 - Duration of Agreement is amended to read as
follows:
This Agreement shall be effective from October 1, 1995,
through September 30, 1998.
Upon mutual consent anytime during the term of this Agreement,
the parties may agree to reconsider any provisions of this
Agreement. Such consent shall not be unreasonable withheld by
either party.
V. The effective date of this Amendment to FOP Agreement is
October 4, 1996.
VI. In all other respects, the terms and conditions of that
certain Agreement executed by the parties on February 8, 1996,
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment
to FOP Agreement on dates set forth below.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Jack H. Hayman, Sr.
City Clerk Mayor
Dated:
APPROVED FOR FORM
AND CORRECTNESS:
Nifty
Krista A. Storey
City Attorney
ATTEST: FRATERNAL ORDER OF POLICE,
FLORIDA STATE LODGE
By:
Paul R. Fafeita
Staff Representative
Dated:
By:
Ronald H. Robbins
Unit Representative
1996 FOP Amendment
October 2, 1996 4
AMENDMENT TO PEA AGREEMENT
"fir THIS AMENDMENT TO PEA AGREEMENT made this day of
October, 1996, by and between the CITY OF EDGEWATER, FLORIDA, a
municipal corporation (hereafter "City ") and VOLUSIA COUNTY PUBLIC
EMPLOYEES ASSOCIATION, INC. (hereafter "PEA ").
WITNESSETH, that the parties hereto have agreed to amend that
certain Agreement executed on October 22, 1995, and October 16,
1995, such that:
I. Article 20 - Leave of Absence is hereby amended to read as
follows:
The Department Head may grant any employee a leave of absence
with or without pay for a period not to exceed thirty (30) working
v..
days. Leaves of absence with or without pay for a period in excess
of thirty working (30) days shall be approved by the DCR. Only
employees with a sufficient amount of accrued time shall be
eligible for a leave of absence with pay. Any approved leave of
absence shall automatically be terminated when the employee obtains
full time employment elsewhere.
For the purposes of this Article, the taking of a day off
without pay shall not constitute a leave of absence without pay
until an employee has accumulated five (5) days off without pay
within any twelve (12) month period.
I fte Holidays, sick leave, vacation leave, and any other benefit
based on time spent in the employ of the City shall not accrue
during a leave of absence without pay. Any salary increases for
which the employee would have become eligible based in whole, or in
part, on length of service with the City shall not be credited
during any period of leave of absence without pay. A leave of
absence may be granted after the employee has exhausted all of his
sick, vacation and personal time accrued. During a leave of
absence without pay an employee shall be given the opportunity to
continue existing insurance coverage pursuant to COBRA and any
amendments thereto.
1996 PEA Amendment
October 2, 1996
1
Any employee who is a member of the National Guard or an
organized military or naval reserve unit of the United States will
be allowed a maximum of seventeen (17) working days leave of
absence with pay in any one annual period when the employee is
engaged in training ordered under the provisions of the United
States military or naval training regulations. During such period
of leave with pay, the employee's benefits shall continue
uninterrupted in the same manner as if he were on active duty with
the City. Administrative leaves of absence for additional or
longer periods of time for assignment to duty functions of a
military character shall be without pay unless the employee a
sufficient amount of accrued time and shall be granted by the City
and when so granted shall be without loss of time or efficiency
'fir
rating.
Pursuant to the Family and Medical Leave Act of 1993, upon
request, employees with at least twelve (12) months of service who
have worked an average of more than twenty -four (24) hours per week
over the preceding twelve (12) months (1,250 hours), will be
granted leave without pay for up to a maximum of twelve (12) weeks
in any twelve (12) month period for childbirth, adoption of a
child, or a serious health condition of the employee or her
immediate family member (spouse, parent, child). Employees with a
sufficient amount of accrued time shall be eligible for a leave of
absence with pay. The City will determine the amount of leave
available for an eligible employee by using a "rolling" twelve (12)
month period measured backward from the date an employee uses any
such leave. The procedure to be followed in requesting family and
medical leave and any additional requirements shall be as set forth
in the City's Personnel Policy and Procedures Manual, and as that
document may from time to time be amended.
II. Article 22 - Holidays and Personal Days is amended to read as
follows:
The City will recognize the following as paid holidays:
New Years
_ _ Martin Luther King's Birthday
1996 PEA Amendment
October 2, 1996
2
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
A. If a holiday falls on a Saturday, the holiday will be
observed on the Friday before the holiday. If the holiday falls on
a Sunday, the holiday will be observed on the Monday following the
holiday.
B. For those employees working rotating shifts, if the
actual holiday falls on an employee's off duty day, he shall
receive an additional day's compensation paid at his regular rate
of pay.
C. For those employees working rotating shifts, if the
''rrr
actual holiday falls on an employee's on duty day, he shall be
compensated at the rate of time and one half his regular rate of
pay for all hours worked on the holiday in addition to his holiday
pay.
D. Holiday pay shall not be withheld for any reason other
than being waived by the employee with the concurrence of the
Department Head. In lieu of holiday pay, the employee shall be
allowed a day off with pay. The day taken off in lieu of the
holiday must be taken within thirty (30) calendar days.
E. In order to be eligible for holiday pay, an employee must
*ww work both his last scheduled work day before the holiday and the
first scheduled work day after the holiday unless the absence is
due to compensated leave.
Each employee shall be entitled to three (3) personal days
with pay per year which must be taken within that anniversary year.
Employees shall not receive pay in lieu thereof. Personal days
shall be scheduled with the approval of the Department Head.
III. Article 31 - Pension Plan is amended to read as follows:
The City agrees to continue the present pension plan with all
contributions to it paid by the City for all employees vested in
the plan as of September 30, 1996. Any changes or additions to
1996 PEA Amendment
October 2, 1996
3
the present plan agreed to by the General Employee's Pension Board
and the City Council shall be implemented. Two (2) employee
members of the plan shall be selected by plan members to be
appointed by the City Council to serve on the General Employees
Pension Board for a period of two (2) years.
In lieu of the present pension plan, for all employees hired
effective October 1, 1996, or thereafter, on behalf of the
employee, the City shall contribute twelve (12) percent of all
compensation earned during employment with the City to a 401(a)
money purchase plan. The account shall not be established until
the first day of the month following completion of ninety (90) days
of employment with the City, but shall include a contribution of
twelve (12) percent of all compensation earned since the effective
date of employment with the City. Employees shall be deemed vested
on the date the account is established.
Employees hired prior to October 1, 1996, and not vested in
the present pension plan as of September 30, 1996, may elect to
participate in the 401(a) money purchase plan under the following
conversion schedule :
A. Employees with three (3) months to two (2) years of
service with the City as of October 1, 1996, shall be
entitled to a contribution of ten (10) percent of all
compensation earned during the period of employment with
'ow the City prior to October 1, 1996, and twelve (12)
percent of all compensation earned October 1, 1996, or
thereafter.
B. Employees with two (2) years and one day to four (4)
years of service with the City as of October 1, 1996,
shall be entitled to a contribution of eleven (11)
percent of all compensation earned during the period of
employment with the City prior to October 1, 1996, and
twelve (12) percent of all compensation earned October 1,
1996, or thereafter.
C. Employees with four (4) years and one day of service or
law
1996 PEA Amendment
October 2, 1996
4
more with the City as of October 1, 1996, shall be
entitled to a contribution of twelve (12) percent of all
; , y compensation earned during the period of employment with
the City prior to October 1, 1996, and twelve (12)
percent of all compensation earned October 1, 1996, or
thereafter.
IV. Article 32 - Wages is amended to read as follows:
For fiscal years 1996 - 1997 and 1997 - 1998, the pay -for-
performance plan and a 457 deferred compensation plan shall be
funded in a total amount equal to four (4) percent of the
cumulative annual salaries for all employees. This Article shall
not be construed to guarantee an individual employee any given
percentage wage adjustment. Wage adjustments for individual
"'fir►'
employees shall be determined by their performance evaluations.
From the four (4) percent of the cumulative annual salaries of all
employees, the City shall contribute three and 69/100 dollars
($3.69) per week to a 457 deferred compensation plan established
for each individual employee.
V. Article 38 - Duration of Agreement is amended to read as
follows:
This Agreement shall be effective from October 1, 1995,
through September 30, 1998.
Upon mutual consent anytime during the term of this Agreement,
%De the parties may agree to reconsider any provisions of this
Agreement. Such consent shall not be unreasonably withheld by
either party.
VI. The effective date of this Amendment to PEA Agreement is
October 4, 1996.
VII. In all other respects, the terms and conditions of that
certain Agreement executed on October 22, 1995, and October 16,
1995, shall remain in full force and effect.
1996 PEA Amendment
October 2, 1996
5
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
B
Susan J. Wadsworth Jack H. Hayman, Sr.
City Clerk Mayor
Dated:
APPROVED FOR FORM
AND CORRECTNESS:
Krista A. Storey
City Attorney
ATTEST: VOLUSIA COUNTY PUBLIC
EMPLOYEES ASSOCIATION, INC.
By:
Patrick L. McGuire, Jr.
Executive Director
Dated:
1996 PEA Amendment
October 2, 1996
6
r y
AMENDMENT TO SPEA AGREEMENT
THIS AMENDMENT TO SPEA AGREEMENT made this day of
October, 1996, by and between the CITY OF EDGEWATER, FLORIDA, a
municipal corporation (hereafter "City ") and VOLUSIA COUNTY PUBLIC
EMPLOYEES ASSOCIATION, INC. (hereafter "SPEA ").
WITNESSETH, that the parties hereto have agreed to amend that
certain Agreement executed on October 22, 1995, and October 16,
1995, such that:
I. Article 19 - Leave of Absence is hereby amended to read as
follows:
The Department Head may grant any employee a leave of absence
with or without pay for a period not to exceed thirty (30) working
days. Leaves of absence with or without pay for a period in excess
of thirty working (30) days shall be approved by the DCR. Only
employees with a sufficient amount of accrued time shall be
eligible for a leave of absence with pay. Any approved leave of
absence shall automatically be terminated when the employee obtains
full time employment elsewhere.
For the purposes of this Article, the taking of a day off
without pay shall not constitute a leave of absence without pay
until an employee has accumulated five (5) days off without pay
within any twelve (12) month period.
vow Holidays, sick leave, vacation leave, and any other benefit
based on time spent in the employ of the City shall not accrue
during a leave of absence without pay. Any salary increases for
which the employee would have become eligible based in whole, or in
part, on length of service with the City shall not be credited
during any period of leave of absence without pay. A leave of
absence may be granted after the employee has exhausted all of his
sick, vacation and personal time accrued. During a leave of
absence without pay an employee shall be given the opportunity to
continue existing insurance coverage pursuant to COBRA and any
amendments thereto.
1996 SPEA Amendment
October 2, 1996
1
Any employee who is a member of the National Guard or an
organized military or naval reserve unit of the United States will
be allowed a maximum of seventeen (17) working days leave of
absence with pay in any one annual period when the employee is
engaged in training ordered under the provisions of the United
States military or naval training regulations. During such period
of leave with pay, the employee's benefits shall continue
uninterrupted in the same manner as if he were on active duty with
the City. Administrative leaves of absence for additional or
longer periods of time for assignment to duty functions of a
military character shall be without pay unless the employee has a
sufficient amount of accrued time and shall be granted by the City
and when so granted shall be without loss of time or efficiency
rating.
Pursuant to the Family and Medical Leave Act of 1993, upon
request, employees with at least twelve (12) months of service who
have worked an average of more than twenty -four (24) hours per week
over the preceding twelve (12) months (1,250 hours), will be
granted leave without pay for up to a maximum of twelve (12) weeks
in any twelve (12) month period for childbirth, adoption of a
child, or a serious health condition of the employee or her
immediate family member (spouse, parent, child). Employees with a
sufficient amount of accrued time shall be eligible for a leave of
%r absence with pay. The City will determine the amount of leave
available for an eligible employee by using a "rolling" twelve (12)
month period measured backward from the date an employee uses any
such leave. The procedure to be followed in requesting family and
medical leave and any additional requirements shall be as set forth
in the City's Personnel Policy and Procedures Manual, and as that
document may from time to time be amended.
II. Article 21 - Holidays and Personal Days is amended to read as
follows:
The City will recognize the following as paid holidays:
New Years
* Martin Luther King's Birthday
1996 SPEA Amendment
October 2, 1996
2
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
A. If a holiday falls on a Saturday, the holiday will be
observed on the Friday before the holiday. If the holiday falls on
a Sunday, the holiday will be observed on the Monday following the
holiday.
B. For those employees working rotating shifts, if the
actual holiday falls on an employee's off duty day, he shall
receive an additional day's compensation paid at his regular rate
of pay.
C. For those employees working rotating shifts, if the
Now
actual holiday falls on an employee's on duty day, he shall be
compensated at the rate of time and one half his regular rate of
pay for all hours worked on the holiday in addition to his holiday
pay.
D. Holiday pay shall not be withheld for any reason other
than being waived by the employee with the concurrence of the
Department Head. In lieu of holiday pay, the employee shall be
allowed a day off with pay. The day taken off in lieu of the
holiday must be taken within thirty (30) calendar days.
E. In order to be eligible for holiday pay, an employee must
%we work both his last scheduled work day before the holiday and the
first scheduled work day after the holiday unless the absence is
due to compensated leave.
Each employee shall be entitled to three (3) personal days
with pay per year which must be taken within that anniversary year.
Employees shall not receive pay in lieu thereof. Personal days
shall be scheduled with the approval of the Department Head.
III. Article 30 Pension Plan is amended to read as follows:
The City agrees to continue the present pension plan with all
contributions to it paid by the City for all employees vested in
the plan as of September 30, 1996. Any changes or additions to
taw
1996 SPEA Amendment
October 2, 1996
3
the present plan agreed to by the General Employee's Pension Board
and the City Council shall be implemented. One (1) member of the
bargaining unit shall be selected by bargaining unit members to be
appointed by the City Council to serve on the General Employees
Pension Board for a period of two (2) years.
In lieu of the present pension plan, for all employees hired
effective October 1, 1996, or thereafter, on behalf of the
employee, the City shall contribute twelve (12) percent of all
compensation earned during employment with the City to a 401(a)
money purchase plan. The account shall not be established until
the first day of the month following completion of ninety (90) days
of employment with the City, but shall include a contribution of
twelve (12) percent of all compensation earned since the effective
date of employment with the City. Employees shall be deemed vested
on the date the account is established.
Employees hired prior to October 1, 1996, and not vested in
the present pension plan as of September 30, 1996, may elect to
participate in the 401(a) money purchase plan under the following
conversion schedule :
A. Employees with three (3) months to two (2) years of
service with the City as of October 1, 1996, shall be
entitled to a contribution of ten (10) percent of all
compensation earned during the period of employment with
% w the City prior to October 1, 1996, and twelve (12)
percent of all compensation earned October 1, 1996, or
thereafter.
B. Employees with two (2) years and one day to four (4)
years of service with the City as of October 1, 1996,
shall be entitled to a contribution of eleven (11)
percent of all compensation earned during the period of
employment with the City prior to October 1, 1996, and
twelve (12) percent of all compensation earned October 1,
1996, or thereafter.
C. Employees with four (4) years and one day of service or
1996 SPEA Amendment
October 2, 1996
4
more with the City as of October 1, 1996, shall be
entitled to a contribution of twelve (12) percent of all
compensation earned during the period of employment with
the City prior to October 1, 1996, and twelve (12)
percent of all compensation earned October 1, 1996, or
thereafter.
IV. Article 31 - Wages is amended to read as follows:
For fiscal years 1996 - 1997 and 1997 - 1998, the pay-for-
performance plan and a 457 deferred compensation plan shall be
funded in a total amount equal to four (4) percent of the
cumulative annual salaries for all employees. This Article shall
not be construed to guarantee an individual employee any given
percentage wage adjustment. Wage adjustments for individual
iofty
employees shall be determined by their performance evaluations.
From the four (4) percent of the cumulative annual salaries of all
employees, the City shall contribute three and 69/100 dollars
($3.69) per week to a 457 deferred compensation plan established
for each individual employee.
V. Article 37 - Duration of Agreement is amended to read as
follows:
This Agreement shall be effective from October 1, 1995,
through September 30, 1998.
Upon mutual consent anytime during the term of this Agreement,
Ni the parties may agree to reconsider any provisions of this
Agreement. Such consent shall not be unreasonably withheld by
either party.
VI. The effective date of this Amendment to SPEA Agreement is
October 4, 1996.
VII. In all other respects, the terms and conditions of that
certain Agreement executed on October 22, 1995, and October 16,
1995, shall remain in full force and effect.
`err►.
1996 SPEA Amendment
October 2, 1996
5
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Jack H. Hayman, Sr.
City Clerk Mayor
Dated:
APPROVED FOR FORM
AND CORRECTNESS:
Krista A. Storey
City Attorney
ATTEST: VOLUSIA COUNTY PUBLIC
EMPLOYEES ASSOCIATION, INC.
By:
Patrick L. McGuire, Jr.
Executive Director
`here
Dated:
1996 SPEA Amendment
October 2, 1996
6
•
Ir
.'11141111
INTER - OFFICE MEMORANDUM
EDGEWATER, FLORIDA
TO: t City Council
FROM: Krista A. Storey, City Attorney KA-)
C.A. NO.: 96 -135
DATE: October 4, 1996
SUBJECT: Addition to Agenda - Satisfaction of Lot Clearing
Liens
Payment in the amount of one hundred sixty -two and 34/100 dollars
($162.34) was received from Absolute Title Agency in satisfaction
of two (2) lot clearing liens recorded against Surrey Ridge, Inc.
/Perry Barrett. Staff recommends that the City Council acknowledge
receipt of the payment and authorize the Mayor to execute the
attached Satisfactions of Lien.
KAS /rmw
Attachment
Copy to: City Manager
Finance Director
City Clerk
SATISFACTION OF LOT CLEARING LIEN
CITY OF EDGEWATER, FLORIDA
KNOW ALL MEN BY THESE PRESENTS: That the City Council of the
City of Edgewater, Florida, pursuant to the provisions of Section
10 -50, Code of Ordinances, City of Edgewater, Florida, on February
6, 1996, filed a lien against property owned by Surrey Ridge c/o P.
Barrett and described as Lots 3226 to 3229 Inc, Blk 49, Florida
Shores #2 (property location: SE corner of Needle Palm Drive & SR
442), in the amount of fifty -five and 00 /100 dollars ($55.00) plus
interest, filing fees, in fees and any other costs incurred by the City;
said lien being recorded in Official Records Book 4075, Page 4174,
of the Public Records of Volusia County, Florida. The City Council
does hereby acknowledge full payment and satisfaction thereof, and
hereby consents that the same shall be discharged and satisfied of
record.
CITY COUNCIL OF THE
ATTEST: CITY OF EDGEWATER, FLORIDA
_ By: --
Susan J. Wadsworth Jack H. Hayman, Sr.
City Clerk Mayor
Date:
APPROVED FOR FORM
AND CORRECTNESS:
Krista A. Storey
City Attorney
(liens \surrey3s)
SATISFACTION OF LOT CLEARING LIEN
CITY OF EDGEWATER, FLORIDA
KNOW ALL MEN BY THESE PRESENTS: That the City Council of the
City of Edgewater, Florida, pursuant to the provisions of Section
10 -50, Code of Ordinances, City of Edgewater, Florida, on February
6, 1996, filed a lien against property owned by Surrey Ridge c/o P.
Barrett and described as Lots 1557 to 1560 Inc, Blk 69, Florida '
Shores #3 (property location: NW corner of Orange Tree & SR 442),
in the amount of fifty -five and 00 /100 dollars ($55.00) plus
interest, filing fees, and any other costs incurred by the City;
said lien being recorded in Official Records Book 4075, Page 4172,
of the Public Records of Volusia County, Florida. The City Council
does hereby acknowledge full payment and satisfaction thereof, and
hereby consents that the same shall be discharged and satisfied of
record.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Jack H. Hayman, Sr.
City Clerk Mayor
Date:
APPROVED FOR FORM
AND CORRECTNESS:
Krista A. Storey
City Attorney
(liens\surrey2s)
L:11
INTER - OFFICE MEMORANDUM
EDGEWATER, FLORIDA
TO: city Council
FROM: Krista A. Storey, City Attorney 0
C.A. NO.: 96 -136
DATE: October 4, 1996
SUBJECT: Addition to Agenda - Retaining Dean, Ringers,
Morgan and Lawton to Represent the City in Mary
Louise & Joseph McDonald vs City of Edgewater
On October 4, 1996, the Mayor was served with the attached
Complaint regarding the termination of former City employee Mary
Louise McDonald.
Joseph Flood of Dean, Ringers, Morgan and Lawton has successfully
represented the City in several matters including Ms. McDonald's
recent federal court action. Since the issue in the current case
dates back to the fall of 1993, this suit must be handled as a self
insurance claim. Based on the firm's responsiveness, work quality
to date, and knowledge of the McDonald situation, I recommend that
the Council retain Dean, Ringers, Morgan and Lawton in reference to
this matter. The firm's current hourly rate is a very reasonable
$95.00.
KAS
Attachment
Copy to: City Manager
City Clerk
Finance Director
Director of Parks & Recreation
1 1(012 . :
.
VC,
IN >-E C IRCUIT /COUNTY COURT
� ��1 V 3� IN 2WFOR VOLUSIA COUNTY, FLORIDA
/ g 1) ' %. 96 -32117 CICI
C ASE NO. PATRICK KENNEDY -DIV. 31
\� �� JUDGE __ �__ __:_____,
1 1 8:Eel-Ent/to 1
MARY LOUISE M O LID AT AL THE CITY OF EDGEWATER, I ETOCT li 4 1996
0111 Al 1 OKNCY
-vs- � Y ...
Plaintiff(s), ' Defendant(s) - , i
, 971
l SUMMONS �u
THE STATE OF FLORIDA:
TO EACH SHERIFF OF THE STATE: . (6 — a` 7 ,.. ;:;n_ O f ? M
YOU ARE HEREBY COMMANDED to serve this summons and a copy o El c n pl aint or petition in
the above styled cause upon the defendant(s):
THE CITY OF EDGEWATER, A MUNICIPAL
CORPORATION
104 NORTH RIVERSIDE DRIVE
EDGEWATER FL 32132
Each defendant is Hereby required to serve written defenses to said complaint or petition on plaintiff or
plaintiff's attorney, whose name and address is:
CHARLES TINDELL ESQUIRE
406 NORTH WILD OLIVE AVENUE
DAYTONA BEACH FL 32118
4.0
within 20 days after service of this summons upon that defendant e of the day of service, and to
file the original of said written defenses with the Clerk of Court at any of the three addresses listed on
the'reverse side of this summons either before service on plaintiff's attorney or immediately thereafter. If
a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the
complaint or petition. .
SEPTEMBER 26, 1996
Dated DIANE M. MATOUSEK
CLERK OF CIRCUIT /COUNTY COURT
ret to pltf atty for SOP, / SHEILA A. M.NNICK /tnn
cc: pltf atty by mail By:
Deputy Clerk (seal)
CL- 0224 -8412
IN THE CIRCUIT COURT, SEVENTH
JUDICIAL CIRCUIT, IN AND FOR
VOLUSIA COUNTY, FLORIDA
CASE NO.:
MARY LOUISE MCDONALD and
JOSEPH MCDONALD,
Plaintiffs,
vs.
THE CITY OF EDGEWATER, a
municipal corporation,
Defendant. /
COMPLAINT
COME NOW the Plaintiffs, MARY LOUISE MCDONALD and JOSEPH
MCDONALD, and make this their complaint against the Defendant,
THE CITY OF EDGEWATER, a municipal corporation, existing under the
laws of the State of Florida, by and through their undersigned
attorneys of record, and allege that:
GENERAL ALLEGATIONS
1. This is -Of action for damages exceeding the sum of
$15,000.00.
•
2. At all times material hereto, the Defendant was a
municipal corporation, organized and existing under the laws of the
State of Florida, and located in Volusia County, Florida.
3. At all times material hereto, the Pl' intiffs were residents
of Volusia County, Florida, and the Plaintiff, MARY LOUISE
1
MCDONALD, was employed by the Defendant. The Plaintiff, JOSEPH
MCDONALD, was the husband of Plaintiff, MARY LOUISE MCDONALD.
4. At all times material hereto, the Defendant acted through
its city manager, George McMahon, and other managerial
administrators who were officers and employees of said Defendant,
within the perview and meaning of 768.28(9)(a), F.S..
5. The Plaintiff's employment with the Defendant was
governed by the terms of a collective bargaining agreement,
between the Volusia County Public Employees Association and the
Defendant, and a copy of said agreement is attached hereto and made
a part hereof as fully set out herein, marked as Exhibit A for
identification.
6. All of the matters hereinafter alleged occurred within
Volusia County, Florida. The Plaintiff, MARY LOUISE MCDONALD, was
a permanent employee of the city of Edgewater, Florida, from
January 3, 1986, until November 4, 1993, at which time she was
separated from her service with the city of Edgewater in the manner
hereinafter set forth. At all times material hereto, the Plaintiff,
MARY LOUISE MUONALD, had a constitutionally protected property
interest in her employment with the Defendant, CITY OF EDGEWATER,
pursuant to the collective bargaining agreement referred to above as
Exhibit A, and was entitled to the protections of Article I, Sections 2
and 9 of the Constitution of the State of Florida.
7. At all time material hereto, the Plaintiff, MARY LOUISE
MCDONALD, was assigned by the Defendant to work around a
municipal building hereinafter referred to as the Community Center.
2
•
Among the Plaintiff's duties was the assigned job of cleaning said
building.
8. For more than one year prior to July 2, 1993, public
records of the Defendant show that the City, and it's administrative
officials, were aware of the serious contamination of the air
conditioning system of the Community Center and it's adjacent
environs arising from the fact that pigeons were living and nesting
in, on, and around said air conditioning system. The Defendant had
knowledge that a large amount of pigeon waste, dead pigeons,
feathers and other debris from the pigeons, had accumulated in said
air conditioning system. The public records of the Defendant also
reveal that administrators of said City knew that the pigeon
contamination of the air conditioning system at the Community
Center, and it's environs, was a health hazard to the employees in
and around said Community Center, or who worked in spaces
serviced by the air conditioning system located therein. Said
Defendant also had knowledge that the pigeon contamination posed a
health threat to the general public who on occasion used the
community center fc public affairs and business. The Defendant
also had knowledge that
g pigeon contamination as herein described is
the source of the disease Psitticosis and that said disease could be
spread by airborne transmissions of microscopic particles of pigeon
waste.
9. On or about July 2, 1993, after Defendant had failed to
adequately address and remedy the problem described in paragraph
7 above, and out of concern for her own health and the health of her
3
co- workers and general public, the Plaintiff reported her concerns to
the State of Florida's Department of Labor and Employment Security.
10. Thereafter, on or about August 25, 1993, the State of
Florida conducted an on -site investigation of the Community Center
and adjacent Detective Bureau of the City of Edgewater, . and at the
request of the State investigator, the Plaintiff, MARY LOUISE
MCDONALD, accompanied him to the site where the pigeon
contamination was located and identified for him the air conditioning
system and its duct work.
11. Thereafter, on September 11 , 1993, the State of Florida
issued a notice of violation, requiring the City to take remedial action.
12. While the Plaintiff, MARY LOUISE MCDONALD, was
showing the State inspector the location of the contaminated air
conditioning system and ducts, as set forth above, her Supervisor
learned what she was doing, and ordered her to leave the scene. The
State inspector requested her to stay until they had located all of the
areas of contamination, which she did. Thereafter, on or about
August 27, 1993, the Plaintiff was given an oral reprimand for
refusing the Supervjor's order, which was documented in writing on
--s
September 20, 1993, according to the public records of the
Defendant.
13. On or about August 12, 1993, the Defendant was
informed by Graciela Grey, M.D., that the Plaintiff was being treated
for Psitticosis, and that she should no longer enter or work in the
Community Center. Thereafter, on or about September 30, 1993, the
Defendant was informed by Dr. Grey that the Plaintiff would not be
4
able to return to work at the Community Center until it had been
determined to be Psitticosis -free.
14. On or about September 30, 1993, the Defendant received
a report from Albert J. Razzetti, M.D., another physician treating the
Plaintiff confirming that she had Psitticosis, attendant respiratory
problems, and requesting the City's cooperation regarding her work-
place environment.
15. Notwithstanding the above, on September 30, 1993, the
Plaintiff was ordered by her Supervisor, at the specific instruction of
the City Manager, George McMahon, to return to work in the
Community Center on October 1, 1993, and to perform cleaning
functions within the Center. When the Plaintiff advised her
supervisors that this was against the specific instructions of her
physicians, she was notified that she was suspended.
16. On or about October 26, 1993, the City Manager held
what he described as a "pre- termination hearing ". At this time, the
City Manager terminated the Plaintiff effective November 4, 1993,
permanently ending her career employment with the city of
Edgewater, in violation of the terms of the collective bargaining
agreement and without due process, and incomplete derogation of
the Plaintiff's property rights in her employment.
17. The Plaintiff's personnel record prior to August 27, 1993,
was excellent, and contained no probable cause for the termination of
the Plaintiff from her employment.
COUNT I
18. The Plaintiff re- alleges each and every allegation in
paragraphs 1 through 17 above.
5
19. On or about September 30, 1993, the Plaintiff, MARY
LOUISE MCDONALD, was suffering from the disease Psitticosis, which
was caused by her exposure to pigeon waste and contamination in
her work place as set forth above, and said Plaintiff was under the
treatment of her physicians who advised her not to return to her
work place until it had
been determined that her work environment was Psitticosis -free, for
the reason that continued exposure would greatly exacerbate her
symptoms and impairments resulting from the Psitticosis virus. Two
of the physicians treating the Plaintiff communicated this restriction
directly to the managerial employees of the Defe::idant, CITY OF
EDGEWATER.
20. With full and complete knowledge of the matters alleged
in paragraph 19, as well as the matters alleged in paragraph 8, 9, 10,
11, 12 and 13 above, the city manager, George McMahon, the City's
chief administrative officer, instructed the Plaintiff's supervisors to
order her to return to work in the community center on October 1,
1993, and to perform cleaning functions within said environment.
The Plaintiff was contacted by her departmental supervisor and
--s
ordered to return to work in the community center as instructed, and
the Plaintiff advised her supervisor that to do so would be against
the specific instructions of her physicians, and would constitute an
unreasonable risk to her health and safety. Thereupon, the Plaintiff
was immediately suspended from her employment.
21. On or about October 12, 1993, the director of Parks and
Recreation, the department supervisor over the Plaintiff,
recommended to personnel administrator that the Plaintiff be
6
terminated from her employment for failure to follow the
instructions given to her to return to work on October 1, 1993, at her
regular duties. The next day, on October 13, 1993, the Plaintiff was
notified by the personnel administrator that her termination had
been recommended to the city manager for failure to return to her
duties as instructed, and that the termination would be effective at
4:30 p.m. on Friday, the 22nd of October, 1993, unless the Plaintiff
requested a pre- termination hearing. The Plaintiff was not formally
notified of the actual charges against her at that time.
22. The Plaintiff thereafter requested the "pre- termination
hearing" but did not at any time waive any of her rights under the
collective bargaining agreement. Thereafter, on October 20, 1993,
the Plaintiff was notified by the personnel administrator of the
Defendant, that there would be a pre- termination hearing held on
October 26, 1993, six days later. Accompanying that notice, was a
photocopy of Section 12.02 of the city personnel policies which list
major offenses.
23. On October 26, 1993, the city manager, George McMahon, ,,
conducted the "pre -- termination" hearing in the presence of the
--s
director of Parks and Recreation, the assistant director of Parks and
Recreation, the personnel administrator, the city attorney, and the
Plaintiff. At no time during the hearing did the Plaintiff waive any
of her rights under law or under the collective bargaining agreement.
At the conclusion of the hearing, the city manager determined to
terminate the Plaintiff's employment, and formally notified the
Plaintiff on October 28, 1993, that her employment was terminated
effective November 4, 1993.
7
24. The termination of the Plaintiff was a pretext, and
without just cause based upon the foregoing allegations. The Plaintiff
was not in willful violation of any policy of the City in refusing to
further endanger her health and safety pursuant to the instructions
of the physicians, all of which was well known to the City. The
Plaintiff's termination was contrived by the city manager, and other
managerial employees of the Defendant City, in an effort to cover up
the Psitticosis contamination of the city buildings, and the
consequent exposure of the Plaintiff, and other city employees to the
Psitticosis virus.
25. The pre - termination hearing convened by the city
manager is not a procedure set forth in the collective bargaining
agreement covering the employment of the Plaintiff, MARY LOUISE
MCDONALD, and was an ex- contractu unilateral attempt by the city
manager to circumvent the due process requirements of the
collective bargaining agreement, and the Florida Constitution.
26. On November 4, 1993, the Plaintiff requested the
submission of her termination to Federal mediation and conciliation
pursuant to Article j of the collective bargaining agreement, Exhibit
A. The Defendant City, acting through its managerial employees,
refused to follow the arbitration provisions of the collective
bargaining agreement in reference to the Plaintiff's termination.
27. The Defendant City, acting through its managerial
employees, denied the Plaintiff due process of law in the termination
of her constitutionally protected property interest in her
employment as guaranteed by the Constitution of the State of Florida,
and as set forth in the contract governing her employment with the
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City, the collective bargaining agreement. As a result thereof, the
Plaintiff, MARY LOUISE MCDONALD, has lost the benefits and
emoluments of her position, has been stigmatized and prevented
from seeking similar employment and said economic losses are
continuing, and will continue into the future.
WHERFORE the Plaintiff requests a judgment for damages
against the Defendant, and requests a trial by jury.
COUNT II
28. The Plaintiff re- alleges each and every allegation in
paragraphs 1 through 17 above.
29. In 1992, the administrative officers and managerial
employees of the Defendant City became aware that the air
conditioning system in the building known as the Community Center,
the work environment of the Plaintiff, had become seriously
contaminated by pigeons nesting in the duct work of the system and
in and about the air conditioning units which were placed on the roof
of the building. The contamination consisted of pigeon waste, dead
birds, feathers, trash and other debris accumulal.ed by the pigeons.
The Defendant's employees issued a series of work orders directed to
various people to correct the problem. The problem of contamination
was so wide spread and evasive that none of the efforts taken by the
Defendant at that time were effective in reducing the contamination.
The Defendant was also aware at that time through the knowledge of
its City Manager and its tither managerial employees, of the danger
of the Psitticosis virus being present in any environment
contaminated by pigeons. Said Defendant, through its managerial
employees, was also aware of the extreme danger to humans from
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the Psitticosis virus. Notwithstanding such knowledge, the City
Manager continued to expose the Plaintiff, and other employees, to
the danger of the pigeon contamination described above. The City
Manager at no time warned the Plaintiff of the danger of exposure to
the Psitticosis virus, nor did he provide the Plaintiff with any
protective apparatus, clothing, or materials to decontaminate her
work place. At no time did the City Manager inform the Plaintiff of
the potential for the pigeon contamination existing in her work
environment for containing the Psitticosis virus, and at no time did
the City Manager warn the Plaintiff that said virus could be spread
by airborne transmission, all of which was known to him, or in the
exercise of reasonable cart should have been known.
30. The Plaintiff continued to work in the contaminated
environment thereafter, wi shout any warning of the potential hazard
from the City Manager or other administrative employees under his
direction, and without any precautions being taken by the Defendant
to protect the Plaintiff's health and safety.
31. On or about February 19, 1993, af:e� receiving
complaints from employees of the Defendant, the life safety inspector
of the Defendant, began an investigation of the situation in the air
conditioning ducts as described above. The life safety inspector
determined that a sample of the contamination tested privately had
tested positive for Psitticosis, and immediately contacted the center
for disease control of the United States government in Atlanta,
Georgia. The CDC advised the City, through its life safety inspector, to
provide the employees with protective masks, and to follow certain
precautions and decontaminating the area. The CDC also
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recommended that any employee suffering from any respiratory
infection be evaluated by a physician immediately. All of this
information was forwarded to the city manager, and on February 22,
1993, a formal written warning was directed to employees of the
detective division in the police department of the Defendant City,
which shared the common air conditioning system with the
community center. However, no warnings or information was given
to the Plaintiff. On February 22, 1993, the employees of the
detective division of the police department were requested to fill out
and return a health screening questionnaire, designed to determine
their exposure to the Psitticosis virus. No such caution was taken
with the Plaintiff, although the City Manager knew that the Plaintiff
had been in the position to suffer the greatest exposure to the virus
of any employee in the City.
3 2. It was subsequently determined that the Plaintiff, MARY
LOUISE MCDONALD, had contracted Psitticosis and by March of 1993
she was suffering from severe respiratory problems associated with
the disease. The Plaintiffs exposure to the Psitticosis virus and
subsequent illness fWm Psitticosis disease was directly and
proximately caused by the negligence of, the Defendant's city
manager and other managerial employees in failing to warn her of
the contamination of her work environment, failing to take
protective measures for her health and safety after said City
Manager and other managerial employees knew, or should have
known to the exercise of reasonable care, that they were exposing
the Plaintiff to an unreasonable risk of injury and disease.
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33. As a result, the Plaintiff, MARY LOUISE MCDONALD, has
suffered bodily injury and resulting pain and suffering, disability,
mental anguish, loss of capacity for the enjoyment of life, the
expense of medical and nursing care and treatment, loss of earnings,
loss of ability to earn money, and aggravation of previously existing
conditions. These losses are permanent and continuing, and the
Plaintiff, MARY LOUISE MCDONALD, will suffer these losses in the
future.
34. At all times material hereto, the Plaintiff, JOSEPH
MCDONALD,
was the husband of the Plai stiff, MARY LOUISE MCDONALD, and as a
direct and proximate result of the negligence of the Defendant, as set
forth above, said JOSEPH MCDONALD has sustained the following
damages:
a. Loss of consortium and other services from his said
wife.
b. Mental pain and suffering for the serious injuries
inflicted upon MARY LOUISE MCDONALD by the negligence of the
Defendant, resultinuin said wife becoming permanently disabled,
thereby causing the laintiff, JOSEPH MCDONALD, mental pain and
suffering.
c. The Plaintiff, JOSEPH MCDONALD, has lost
enjoyment of life in that he has had to care for his wife and has been
unable to carry out his normal activities and pursuit of the
enjoyment of his life.
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