82-R-664 bTL.Cc c��A�
RESOLUTION 82-R-
A RESOLUTION DISMISSING JOSEPH MITCHELL AS CITY MANAGER
OF THE CITY OF EDGEWATER UNDER THE TERMS OF SECTION 10,
MODIFIED, OF THE EMPLOYMENT AGREEMENT BETWEEN JOSEPH
MITCHELL AND THE CITY OF EDGEWATER, REPEALING ALL RESOLUTIONS
IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Edgewater, Florida, entered into an employment agreement with
Joseph Mitchell, City Manager, dated June 17, 1981, by Resolution 81-R-56, said
agreement having been amended August 2, 1982, by Resolution 82-R-38, and
WHEREAS, paragraph 10 of said agreement, attached, provides for certain conditions
pertaining to arbitrary firing or dismissal, and
WHEREAS, the City Council of the City of Edgewater no longer requires the services
of its City Manager Joseph Mitchell,
NOW THEREFORE BE IT RESOLVED:
SECTION 1. That Joseph Mitchell is hereby dismissed as City Manager of the City of
Edgewater, Florida effective as of the close of business December 2, 1982, without
prejudice.
SECTION 2. That by said Joseph Mitchell's consent and agreement, the severance p y
required under Section 10 of the employment agreement between Joseph Mi hell an /
the City of Edgewater is hereby waived and instead he shall receive erance pay
in cash, plus all accumulated sick and annual leave due him.
SECTION 3• That the Finance Director is hereby ordered and directed to pay said
Joseph Mitchell, upon demand, all monies due him under Section 2, above.
SECTION 4. That all resolutions or parts of resolutions in conflict herewith be
and the same are hereby repealed.
This Resolution shall take effect immediately upon its adoption by the City Council
and approved as required by law.
This Resolution was introduced by Mr.
This Resolution was read in full and passed by a Vajority vote of the City Council
of the City of Edgewater, Florida at a special meeting of said Council held the
1st day of December, 1982, and approved as provided by law.
Roll call vote as follows:
AY RIVES
_ 2�;._.��i�./.�..
COUN ' A - ZONE TWO
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RESOLUTION 82-R- 38
A RESOLUTION AUTHORIZING THE OFFICIALS OF THE CITY
OF EDGEWATER, FLORIDA TO AMEND A CERTAIN AGREEMENT
WITH JOSEPH MITCHELL, CITY MANAGER OF THE CITY OF
EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN
CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE..
WHEREAS, the City of Edgewater, Florida, has determined"that it
is in the best interest of the citizens of the City to provide for an
agreement between the city and Joseph Mitchell as City Manager of the
City of Edgewater, Florida, in order to promote stability and contin-
pity in government;. and
WHEREAS, a certain agreement between the city and Joseph Mitchell
as City Manager of the City of Edgewater, Florida, has been executed,
a copy being attached hereto and marked as Exhibit "l"; and
WHEREAS, it is desirous that certain changes be made in said
agreement;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA:
SECTION 1. The appropriate officials of the City of Edgewater,
Florida, are hereby authorized to amend attached agreement between the
City and Joseph Mitchell as City Manager of the City of Edgewater,
Florida, to provide for the following:
A. The salary of the City Manager of the City of Edge-
water, Florida shall not be reduced during the term
of this contract.
B. This contract is to be automatically renewed for a
period of two (2) years upon expiration, unless the
manager is notified thirty (30) days prior to contract
termination, in which case the severance provision
will apply.
SECTION 2. That all resolutions or parts of resolutions in con-
flict herewith be and same are hereby repealed.
SECTION 3. That this resolution shall take effect immediately
upon its adoption by the City Council and �aapprov�al/ as provided by law.
The Resolution was introduced by Mr. /,{)JJ, ,t2
The Resolution was read in full and passed by a majority vote of
the City Council of the City of Edgewater, Florida, at a regular meet-
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ing of said council held on the 1982, and
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approved as provided by law.
Roll Call Vote as Follows:
ATTEST:
CITY CLERK Q
Authenticated this ._day of
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7;aryYJan_e-Nettles Henderson
CITY ATTORNEY, Acting
m:
KAYOR P•obe_' Christ'
ZONE ONE COUNCIUM-AN
Jacob Lodico
ZONE TWO COUNCIULAN
David Ledbetter
O E THREE COUNCIL*;AN
Wilbert Pendleton
VwO R OUNCI NUANilbur
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o
f' A G R E E M E N T
THIS AGREEMENT made and executed this 19th day of July, 1982, by
and between the CITY OF EDGEWATER, a municipal corporation within Volusia
County, Florida, hereinafter referred to as the "CITY" and JOSEPH MITCHEL]
as City Manager of the City of Edgewater, Florida, hereinafter referred
to as the "CITY MANAGER".
W I T N E S S E T_H..
WHEREAS, The City is authorized by § 9A of the City Charter and § 2-2
of the Code of Ordinances adopted pursuant thereto, to employ a City
Manager, and
WHEREAS, The City has duly' enacted Resolution No. 81-R-53, which
appointed Joseph Mitchell as City Manager of the City of Edgewater, and
WHEREAS, The City entered into an employment agreement with Joseph
Mitchell setting forth his duties and the terms and conditions of
his employment as City Manager, dated the 17th day of June, 1981, and
WHEREAS, The City has determined that it is in the best interests
of the City of Edgewater to enter into a new agreement with said Joseph
Mitchell,.
NOW THEREFORE,.
IN CONSIDERATION of the terms and conditions as hereinafter set
forth, the City and the City Manager do mutually covenant and promise
as follows:
1. That JOSEPH MITCHELL does hereby agree to serve as City Manager
of the City of Edgewater, Florida, and to carry out to the best of his
ability .all the duties imposed upon him by the Charter and Ordinances
of the City, as well as those additional duties. as may be imposed by
law, or such other duties as the Council may from time to time require
of him.
2. That this contract shall be subject to all provisions of the
Charter of the City of Edgewater and to all amendments thereto.
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3. That the City does hire the City Manager for a term of two
years from the effective date of this Agreement. Such employment
shall be compensated initially at a sum of $25,000.00 which may be
increased and subject to modification in future appropriation ordin-
ances, but may not be reduced during the term of this contract. Said
annual compensation shall be divided into equal weekly installments
and shall be paid to him in the same manner as other municipal employees.
4. The City Manager shall receive all usual benefits which inure
to municipal employees generally, as provided in the Employee Guide for
the City of Edgewater. These benefits shall include but are not necess-
arily limited to medical, disability, leave, and all insurance benefits.
5. The City shall supply a suitable automobile for use by the City
Manager while he is i❑ performance of his duties on behalf of the City.
6. The City Manager by Ordinance and by Resolution declaring same
to be personnel officer, is the administrative head of the City of
Edgewater. The City Council covenants that it shall not interfere in
the lawful exercise of his duties as City Manager.
7. The City shall furnish the City Manager with suitable offices
and facilities, and such equipment, materials, and supplies necessary
and proper for the administration and management of the City.
8. After a period of 24 months following the execution of this
agreement, the City Manager may terminate this agreement by giving the
City 30 days notice of intention to terminate same. Thirty days after
said election, this contract shall be void.
9. Prior to the termination of this contract, the City Council
may not dismiss the City Manager except under the following procedures.
First, the Council by a 3/5ths vote may suspend the employment of the
City Manager when it comes to their attention that he has been charged
by information or indictment with violation of a criminal offense under
the laws of Florida or of the United States. Second, the City Council
by a like vote following a public hearing may only dismiss the City
Manager for a substantial act which constitutes misfeasance, malfeasance,
or nonfeasance, as those terms reflect the law of the State of Florida.
Prior to dismissal, the City Manager shall be informed of charges against
him upon written affidavit, and within a reasonable time thereafter, a
hearing shall be conducted by the Council on the sufficiency of the
charges or complaint.
F.
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f 10. Termination of this Agreement other than above shall
constitute an arbitrary firing or dismissal. In such event, the City
shall be liable to the City Manager in liquidated damages for a sum
equal to six months of his salary for that fiscal year.
11. This Agreement shall take effect upon adoption of a Resolution
authorizing the appropriate officials to execute same and shall be
automatically renewed for a period of two years upon expiration unless
the City Manager is duly notified 30 days prior to contract termination,
in which case the provisions of paragraph 10. shall apply.
12. This Agreement may be modified by future contracts between the
1
City and City Manager adopted in the form as herein executed.
IN WITNESS WHEREOF, The City Manager and appropriate officials of
the City have hereunto set their hands and seals for the purposes here-
inabove expressed this 19th day of July, 1982.
Jos SIITFKLV Witness
CManager
Witness
Mayor
ATTEST:
City C1 rk
i
Approved to legality and form:
(Mi:Aoh '
City Attorney
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