TOWN OF WHITE SPRINGS
TOWN MANAGER EMPLOYMENT AGREEMENT
THIS TOWN MANAGER AGREEMENT (“Agreement”) is made and entered into this 12th day of December 2017, by and between the Town of White Springs, Florida, a Florida municipal corporation (The “Town”) and Stacy Tebo (the “Manager”).
WHEREAS: The Town Council of the Town (the “Council”) and the Manager believe that an employment agreement negotiated between the Council, on behalf of the Town, and the Manager is mutually beneficial to the Town, the Manager and the community they serve;
WHEREAS: When appropriately structured, the Council and the Manager believe an employment agreement strengthens the Council-Manager relationship by enhancing the excellence and continuity of the management of the Town for the benefit of its citizens;
WHEREAS: The Council on behalf of the Town, desires to employ the services of the Manager, as the Town Manager of the Town (“Town Manager”) pursuant to the terms, conditions and provisions of this agreement;
WHEREAS: The Manager agrees to accept employment as the Town Manager, subject to the terms, conditions and provisions of this Agreement.
NOW THEREFORE, the Town and the Manager, for and in consideration of the terms, conditions and provisions hereinafter established have agreed and do, hereby agree as follows:
1.1 DURATION. The Town hereby employs the Town Manager for a twenty-four month term to commence on the 12th day of December, 2018. The Town has the right to terminate the employment with the Town Manager at any time subject to and in accordance with the provisions of section six (6) of this agreement.
2.1 CHIEF EXECUTIVE OFFICER The Manager is the chief executive officer of the Town and shall faithfully perform the duties of the Town Manager as prescribed in the job description, as set forth in the Town Charter, if any, and Town ordinances and, as may lawfully assigned by the Council (collectively the “Town Manager’s Duties”). Further, the Manager shall comply with (collectively “Applicable Laws and Authorities”) state and federal law, the Town’s Charter, all Town policies, rules, regulations and ordinances as they exist or may hereinafter be amended; and , all lawful Council directives. All duties assigned to the Manager by the Council shall be appropriate to and consistent with the professional role and responsibility of the Town Manager position.
1.1 DUTIES; The Council does hereby employ Manager as Town Manager to perform the Town Manager’s Duties in accordance with and pursuant to the Town Charter, all Applicable Laws and Authorities and to the full extent not prohibited by or in material conflict with any existing provisions of the Town’s Charter or Applicable Laws and Authorities. The Manager shall perform the Town Manager’s Duties with reasonable care, diligence, skill and expertise.
2.3 CRITICISMS, COMPLAINTS AND SUGGESTIONS The Council individually and collectively, shall refer in a timely manner all substantive criticism, complaints and suggestions called to the Council’s attention to the Manager for study and/or appropriate action, and the Manager shall refer the matter(s) to the appropriate Town employee or shall investigate such matter(s) and inform the Council of the results of such efforts.
2.4 HOURS OF WORK The Manager acknowledges the proper performance of the Town Manager’s Duties require the Manager to generally observe normal business hours and will also often require the performance of necessary services outside of normal business hours. The Manager agrees to devote additional time as is necessary for the full and proper performance of the Town Manager’s Duties and that the compensation herein provided includes compensation for the performance of all such services. The Manager will devote full time and effort to the performance of the Town Manager’s Duties and shall remain in the exclusive employ of the Town during the term of this Agreement. The Manager, with the prior consent of the Council, may accept outside professional employment which does not interfere with the Manager performing the Town Manager’s Duties. The term “outside professional employment” means professional services provided to third parties for which the Manager is compensated and which are performed on the Manager’s time off.
2.5 RESIDENCE: The Manager agrees to maintain her primary residence within a thirty (30) minute response time to the Town throughout the life of this agreement.
3.1 SALARY: The Town shall provide the Manager with an annual salary equal to the sum of fifty-eight thousand dollars and zero cents ($58,000.00).
The Manager’s salary shall be paid to the Manager in equal weekly installments on the schedule of other Town employees and shall be paid subject to any applicable withholdings or deductions required by the Applicable Laws and Authorities.
3.2 SALARY ADJUSTMENTS. At any time during the term of this Agreement, the Council may, in its discretion, review and adjust the salary of the Manager, but in no event shall the Manager be paid less than the salary set forth in Paragraph 3.1 of this Agreement, except by mutual agreement of the two parties. Such adjustments, if any, shall be made pursuant to Lawful Council resolutions. In such event, the parties agree to provide their best efforts and reasonable cooperation to execute a new agreement incorporating the adjusted salary.
3.3 PAID LEAVES – VACATION, SICK, PERSONAL, AND HOLIDAY The Manager may take at the Manager’s choice, the same number of hours of vacation authorized and adopted for employees of the Town, the leave must be in a single period or at different times. The vacation leave taken by the Manager will be taken at such time or times as will least interfere with the performance of the Town Manager’s Duties. The Manager is hereby granted the same sick/personal leave benefits as authorized by Council policies for employees. The Manager shall observe the same legal holidays as provided by the Town for its administrative employees.
3.4 BENEFITS – GENERAL Unless expressly provided otherwise in this Agreement, in addition to those benefits specifically set forth herein, the Manager shall be entitled to the same benefits that are enjoyed by any other employees of the Town pursuant to all applicable laws and authorities. This includes accrual and payment of benefits upon the events defined by the adopted employee benefits rules and regulations.
3.5 INSURANCE – HEALTH: The Town agrees to pay the premiums for health, hospitalization, vision, dental and comprehensive medical insurance for the Manager pursuant to the group health care plan provided by the Town for its employees.
3.6 BONDS AND INDEMNIFICATION: The Town shall bear the full cost of any fidelity or other bonds required of the Manager under any law or ordinance. The Town shall to the extent required by law, defend, save harmless and indemnify the Town Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise arising out of alleged act or omission occurring in the performance of the Manager’s duties as Town Manager STACY TEBO’S CONDUCT WAS NOT AN ALLEGED ACT OR OMISSION BUT RATHER GROSS MISCONDUCT WHEREBY HER “INTENTIONAL” ACTS TO TAKE DOWN WHITE SPRINGS with MALICE AND FORETHOUGHT WOULD NOT BE COVERED BY INSURANCE AND SHOULD SURELY NOT BE COVERED BY THE CITIZENS OF WHITE SPRINGS WHO ARE SUFFERING AT THIS POINT. The Town will defend and pay the amount of settlement or judgment rendered in any tort, professional liability claim, demand or other legal action arising out of alleged act or omission occurring in the performance of the Manager’s duties as Town Manager. In furtherance of the above, the Town Manager shall be covered by Town’s Public Official Liability Policy, as well as other Liability policies. THESE LIABILITY POLICIES THROUGH THE FLORIDA MUNICIPAL TRUST ARE INSTITUTED FOR THE PURPOSE OF COVERING NEGLIGENCE. WHAT STACY TEBO DID TO THE TOWN WAS MALICIOUS AND INTENTIONAL FOR HER OWN PURPOSES WHILE NOT FOLLOWING THE CONDITIONS OF HER CONTRACT, THE CHARTER OR THE PERSONNEL MANUAL. An Attorney will be able to handle this.
3.7 CIVIC ACTIVITIES: The Manager is encouraged to participate in community and civic organizations and activities. The cost of such activities shall be borne by the Town.
3.8 COMMUNICATIONS: The Town agrees to pay forty dollars and zero cents ($40.00) monthly towards a cell phone. The Manager agrees to keep a functioning cell phone available for Town business.
I V PROFESSIONAL GROWTH:
4.1 PROFESSIONAL DUES AND SUBSCRIPTIONS: The Town agrees to reasonably budget for and to pay for professional dues and subscriptions of the Manager, necessary for continuation and full participation in national, state, regional and local associations and organizations as necessary and/or desirable for the good of the Town through the Manager’s continued professional participation, growth and advancement.
4.2 PROFESSIONAL DEVELOPMENT TRAVEL: The Town agrees to reasonably budget for and to pay for travel and subsistence expense of the Manager for professional and official travel and meetings to adequately continue the professional development of the Manager and to pursue necessary official functions for the Town, including, but not limited to the Florida Municipal League , The Florida Town Management Association, to the International/City/County Management Association (ICMA) Annual Conference and such other national, regional, state and local governmental groups and committees in which the Manager is a member. The intent of this provision is to reasonably provide for professional development to the extent of available funding. The Manager will include annually in the budget for adoption, all anticipated professional development and related expenses to the best information possible. The Council will allow the Manager to utilize the budgeted travel funds as herein described and will inform the Council of travel and use of funds prior to and subsequent to travel expenditures for Town business. The Manager shall comply with all procedures and documentation requirements in accordance with Applicable Laws and Authorities.
4.3 PROFESSIONAL CONTINUING EDUCATION; The Town also agrees to reasonably budget to the extent of available funding for and to pay for travel and subsistence expenses of Manager for short courses, institutes and seminars that are necessary and/or desirable for the good of the Town through the Manager’s professional development.
V PERFORMANCE EVALUATION
5.1 EVALUATION PROCESS: The Council shall review the Manager’s job performance annually upon the anniversary of the original document date unless the parties agree otherwise. The Council shall provide the Manager a reasonable and adequate opportunity to discuss with the Council and/or respond to the Manager’s evaluation.
VI SEPARATION / TERMINATION
6.1 SEPARATION AND TERMINATION EVENTS> This agreement shall separate or terminate the employment relationship upon any of the following:
- Resignation by Manager, in writing, with thirty (30) days advanced notice of the effective date and signed by the Manager; or
- Retirement of the Manager with thirty (30) days advance notice of the effective date and signed by the Manager ; or
- Death of the Manager
Upon the occurrence of any of the events listed within Section 6,1, above, the Town shall pay to the Town Manager any accrued benefits of vacation and sick leave as defined by and in accordance with the standard employees’ rules and regulations.’
6.2 UNILATERAL SEVERANCE. The Council may end the employment relationship and terminate this Agreement, at the pleasure of the Council. If the Council determines that it desires a Unilateral Severance, it shall require a 4 to 1 vote, for termination, by the Council. The Town shall provide written notice to the Manager at least thirty (30) days in advance of the effective date of such termination. Upon a Unilateral Severance, the Manager shall be entitled to thirteen (13) weeks of severance pay from the Town.
V I I GENERAL PROVISIONS:
7.1 COMPLETE AGREEMENT. This Agreement sets forth and establishes the understanding of the Town and the Manager relating to the employment of the Manager by the Town.
7.2 BINDING EFFECT. This agreement shall be binding on the Town and the Manager as well as their heirs, assigns, executors, personal representatives and successors in interest. Any modifications to this agreement shall be accomplished in writing and affixed to the most recent agreement.
7.3 SEVERABILITY CLAUSE. If any term or provision of this Agreement, as applied to any party or to any circumstance, is declared by a court of competent jurisdiction hereof to be illegal, unenforceable or void in any situation and in any jurisdiction, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending provision in any other situation or in any other jurisdiction. The parties agree that the court or arbitrator making such determination shall have the power to reduce the scope, duration, area or applicability of the term or provision, to delete specific words or phrases or to replace any illegal unenforceable or void term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision.
7.4 CONFLICTS. In the event of any conflict between the terms, conditions and provisions of this agreement and the applicable laws and authorities, then, unless otherwise prohibited by law, the terms of this agreement shall take precedence over the contrary provisions of the applicable laws and authorities during the term of this Agreement.
7.5 CONTROLLING LAW. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida and shall be performable in Hamilton County Florida, unless otherwise provided by law.
Stacy Tebo Spencer Lofton