HomeMy WebLinkAboutRESOLUTION NO. 08-04-31PPW
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STATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 08-04-31
A RESOLUTION APPOINTING BILLY BECKETT
AS CITY MANAGER
The Council of the City of Milton hereby resolves while in regular session on the 20 day of April,
2008 at 6:00 pm.:
SECTION 1. That Billy Beckett shall serve as the City Manager of the City of Milton,
pursuant to the Employment Agreement attached hereto as Exhibit "A" and incorporated
herein; and
SECTION 2. That this appointment is effective April 21, 2008, with employment to
commence on April 30th.
RESOLVED this 21St day of April 2008.
Approved:
Joe Lockwoo , Mayor
Attest:
Je ette R. Marchiafava City Clerk
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EMPLOYMENT AGREEMENT
This Employment Agreement (the "Agreement"), made and entered into this _ day of
April, 2008, by and between the City of Milton, Georgia, a municipal corporation, acting by and
through its duly elected Mayor and City Council (hereinafter called "Employer"), and Mr. Billy
Beckett (hereinafter called "Employee"), an individual who has the education, training and
experience in local government management and who, as a member of ICMA, is subject to the
ICMA Code of Ethics, both of whom agree as follows:
Section 1: Term of Employment
This Agreement shall remain in full force in effect from the date first written above until
terminated by the Employer or Employee, as provided in Section 9, 10 or 11 of this Agreement.
Section 2: Duties and Authority
Employer agrees to employ Billy P. Beckett as City Manager to perform the functions
and duties specified in Employer's "City Manager" job description and to perform other legally
permissible and proper duties and functions in accordance with the City of Milton Charter and its
Code of Ordinances.
Section 3: Compensation
A. Base Salary:
Employer agrees to pay Employee an annual base salary of $137,000.00,
payable in installments at the same time that the other management employees
of the Employer are paid. After December 31, 2008, Employee shall be eligible
for consideration of a salary increase up to 4% based upon an evaluation of job
performance.
B. Annual Adiustments:
This Agreement shall be automatically amended to reflect any salary adjustments
that are provided or required by the Employers compensation policies.
Consideration shall be given on an annual basis on the Employee's Anniversary
Date to increase compensation.
Section 4: Health. Disability and Life Insurance Benefits
The Employer agrees to provide and to pay the premiums for health, hospitalization,
surgical, vision, dental and comprehensive medical insurance for the Employee and his
dependents equal to that which is provided to all other employees of the City of Milton under the
City's current benefit policies or as such benefit policies may be amended In the future.
Additionally, the Employer will provide life insurance equal to that which is provided to all other
employees of the City of Milton under the City's current benefit policies or as such benefit
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policies may be amended in the future. The Employee agrees to make any necessary premium
payments for benefits for dependents or otherwise, which are desired by Employee, but which
are over and above what is provided free of charge for all other employees of the City of Milton.
Section 6: Vacation and Sick Leave
A. Vacation Leave:
Upon commencing employment, the Employee shall be immediately credited with
thirty (30) days of vacation leave. Commencing upon January 1, 2009,
Employee will accrue vacation leave annually at the rate provided for in the City's
Personnel Handbook for an employee with the City of Milton who has fifteen (15)
years of service (which is currently 9.23 hours per bi-weekly pay period), or at the
highest rate provided to any other employee of the City of Milton as such
employee policies may be amended in the future. The Employee may cant'
forward any unused vacation leave consistent with the policies provided for all
other employees of the City of Milton, which currently allows for a maximum of
240 hours to be carried forward annually, or as such employee policies may be
amended in the future.
B. Sick Leave:
Upon commencing employment, the Employee shall be credited with 6.5 (six and
one-half) days of sick leave. Additionally, commencing upon January 1, 2009,
Employee will accrue sick leave at the rate of two (2) hours per bi-weekly billing
period as currently provided in the City's Personnel Handbook for all other
""' employees of the City of Milton, or at the highest rate provided to any other
employee of the City of Milton as such employee policies may be amended in the
future. The Employee may carry forward any unused sick leave consistent with
the policies provided for all other employees of the City of Milton, which currently
allows for a maximum of 40 hours to be carried forward annually, or as such
employee policies may be amended in the future.
C. Payment of Accrued Leave Upon Separation:
In the event the Employee's employment is terminated, either voluntarily or
involuntarily, the Employee shall be compensated for all accrued vacation leave,
provided that, in the case of voluntary separation, the Employee provides the
requisite thirty -day notice of resignation as provided in Section 19 of this
Agreement. All accrued sick leave is forfeited upon separation.
Section 6. Automobile
The Employer shall provide the Employee a car allowance equal to $600.00 per month.
The Employee shall be responsible for paying liability, property damage, and comprehensive
insurance for the automobile. Employee shall further be responsible for all expenses attendant
to the purchase, operation, maintenance, repair, and regular replacement of the automobile.
The Employer shall reimburse the Employee at the prevailing IRS standard mileage rate for any
business use of the automobile that requires travel to locations outside a fifty (50) mile radius of
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.N.. the city limits. No mileage shall be paid for Employee's commute to and from his place of
residence. This car allowance shall be paid in the Employee's regular pay check so that record -
bow keeping will not be required, therefore most easily complying with Internal Revenue Service
regulations. At any time, Employee can request an increase in the car allowance based upon
increased costs for operation of an automobile.
Section 7: Retirement
A. Georgia Municipal Association RetirementPlan:
The Employer agrees to enroll the Employee into the applicable retirement pian
with the Georgia Municipal Association ("GMA") known as the Georgia Municipal
Employees Benefit System (°GMEBS") plan, and to make all the appropriate
contributions on the Employee's behalf. Employer intends that Employee shall
be immediately vested in the GMA retirement plan, pending approval from GMA
and approval of all associated documentation.
B. Qualified 401 (a) Defined Contribution Plan:
The Employer agrees to enroll the Employee into the City's qualified 401(a)
defined contribution plan offered through ICMA Retirement Corporation.
Employee shall be immediately vested in the 401(a) plan. Contribution
requirements and matching contributions by the Employer shall be applied the
same as for all other City of Milton employees under the prevailing policies, or as
such policies may be amended in the future. Currently, Employee will be
required to contribute a minimum of two (2%) percent of Employee's base salary
on a pre-tax basis as a condition of participation, and then Employer will
contribute one (1 %) percent of Employee's salary.
B. Social Security Replacement:
Based upon the City's opting out of social security reimbursement payments, the
Employer provides a social security replacement program into the City's qualified
401(a) defined contribution plan. The Employee shall be required to contribute
3.75% of Employee's base salary on a pre-tax basis, and the Employer will
contribute 3.76%.
Section 8: General Business Expenses
A. Employer agrees to budget for and to pay for professional dues and
subscriptions of the Employee necessary for continuation and full participation in
national, regional, state, and local associations, and organizations necessary and
desirable for the Employee's continued professional participation, growth, and
advancement, and for the good of the Employer.
B. Employer agrees to budget for and to pay for travel and subsistence expenses of
Employee for professional and official travel, meetings, and occasions to
■•W adequately continue the professional development of Employee and to pursue
necessary official functions for Employer, including but not limited to the ICMA
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Annual Conference, the state league of municipalities, and such other national,
regional, state, and local governmental groups and committees in which
Employee serves as a member.
C. Employer also agrees to budget for and to pay for travel and subsistence
expenses of Employee for short courses, institutes, and seminars that are
necessary for the Employee's professional development and for the good of the
Employer.
D. Employer recognizes that certain expenses of a non -personal but job related
nature are incurred by Employee, and agrees to reimburse or to pay said general
expenses. The finance director is authorized to disburse such moneys upon
receipt of duly executed expense or petty cash vouchers, receipts, statements or
personal affidavits.
E. The Employer acknowledges the value of having Employee participate and be
directly involved in local civic clubs or organizations. Accordingly, Employer shall
pay for the reasonable membership fees and/or dues to enable the Employee to
become an active member in local civic clubs or organizations.
Section 9: Termination
A. The majority of the governing body votes to terminate the Employee at a duly
authorized public meeting.
B. if the Employer, citizens or legislature acts to amend any provisions of the City of
""' Milton Charter or City of Milton Code of Ordinances pertaining to the role,
powers, duties, authority, responsibilities of the Employee's position that
substantially changes the form of government, the Employee shall have the right
to declare that such amendments constitute termination.
C. If the Employer reduces the base salary, compensation or any other financial
benefit of the Employee, unless it is applied in no greater percentage than the
average reduction of all department heads, such action shall constitute a breach
of this agreement and will be regarded as a termination.
D. If the Employee resigns following an offer to accept resignation, whether formal
or informal, by the Employer as representative of the majority of the governing
body that the Employee resign, then the Employee may declare a termination as
of the date of the suggestion.
E. Breach of contract declared by either party with a 30 day cure period for either
Employee or Employer. Written notice of a breach of contract shallbe provided
in accordance with the provisions of Section 19.
Section 10: Severance
Severance shall be paid to the Employee when employment is terminated as defined in
Section 9 above, subject to the following terms and conditions of this Section.
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A. Prior to December 31 2008:
Up to and including December 31, 2008, the Employee may be terminated, with
no eligibility for severance.
B. Post December 31 2008:
After December 31, 2008, Employee shall be eligible for a severance payment,
payable in twelve (12) monthly installments equivalent to twelve (12) months of
salary at the Employee's then current rate of pay.
C. Termination for Cause
The Employee shall not receive the severance payments specified herein if he is
terminated for cause.
D. Re -Employment:
Severance pay will cease upon the Employee becoming re-employed in a similar
city/county manager position with equivalent salary and benefits. The Employee
has an affirmative obligation under this Agreement to advise the Employer of any
future re-employment should it occur within a severance period following
termination from Employer's employment.
Section 11: Resignation
In the event that the Employee voluntarily resigns his/her position with the Employer, the
Employee shall provide a minimum of 30 days notice, unless the parties agree otherwise.
Section 12: Performance Evaluation
Employer shall annually review the performance of the Employee on or about his
Anniversary Date subject to a process, form, criteria, and format for the evaluation which shall
be mutually agreed upon by the Employer and Employee. The process at a minimum shall
include the opportunity for both parties to: (1) prepare a written evaluation, (2) meet and
discuss the evaluation, and (3) present a written summary of the evaluation results. The final
written evaluation should be completed and delivered to the Employee within 30 days of the
evaluation meeting.
Section 13: Hours of Work
It is recognized that the Employee must devote a great deal of time outside the normal
office hours on business for the Employer, and to that end Employee shall be allowed to
establish an appropriate work schedule.
Section 14: Outside Activities
The employment provided for by this Agreement shall be the Employee's sole
employment, except as specifically authorized herein. Recognizing that certain outside
consulting or teaching opportunities provide indirect benefits to the Employer and the
community, the Employee may elect to accept limited teaching, consulting or other business
opportunities with the understanding that such arrangements shall not constitute a conflict of
interest or in any way interfere with, or impede the performance of, his duties under this
Agreement.
In addition to the above, Employee and Employer acknowledge that Employee is
employed as a football official (the "Officiating Duties"). As such, Employee and Employer
acknowledge that Employee will be required to utilize his vacation leave from time to time to
attend events related to the Officiating Duties and that such vacation leave will be utilized to a
great extent on Fridays during football seasons. Moreover, Employee and Employer
acknowledge that the Officiating Duties will take him away from the City limits on many
weekends during football seasons.
The Employee agrees that the Officiating Duties shall not constitute a conflict of interest
or in any way interfere with, or impede the performance of, his duties under this Agreement.
Moreover, the Employee agrees that he shall be reasonably accessible to the Employer via cell
phone and e-mail even when away from the City and engaged in activities in connection with
the Officiating Duties, with the obvious exceptions of during pre- and post -game briefings and
during actual football games.
Section 16: Movine and Relocation Expenses
A. Permanent Residence
Employee agrees to establish a permanent residence within the corporate
boundaries of the City of Milton within twenty-four (24) months of employment,
and thereafter to maintain permanent a residence within the corporate
boundaries of the City of Milton while employed by Employer.
B. Moving Expenses:
Employer shall pay for the expenses of moving the Employee and his family and
personal property at such time as Employee purchases a permanent residence
within the City of Milton. Said moving expenses include such things as packing,
moving, storage costs, unpacking, and insurance charges. Moving expenses
shall be provided in the lump sum amount of $5,000.00 at the applicable time.
C. Temoorary Housing:
Employer shall reimburse Employee for temporary and interim housing within the
City of Milton up through the one-year Anniversary Date, in an amount not to
exceed $6,000.00. Employee shall produce invoices or other documentation
evidencing the eligibility for such reimbursements for approval by the Mayor.
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Section 16: Nondisclosure and Confidentiality of Employer's Property
bm" Upon the Employee's separation from employment with Employer, whether voluntary or
involuntary, Employee agrees that he will immediately return to Employer all property of
Employer, including, but not limited to, credentials, access cards, keys, files, records, computer
access codes, computer programs, instruction manuals, business plans, financial records, and
any other property which Employee maintained, referred to, prepared, or helped to prepare in
connection with Employee's employment with Employer (collectively referred to as the
"Employer's Property"). Employee acknowledges that the Employer's Property is extremely
sensitive and confidential. Except as otherwise required by law, in no event will Employee
remove or copy any of Employer's Property, access any of Employer's Property, or under any
circumstances disclose any of Employer's Property to any person at any time. Employee
acknowledges that this section is a material and substantial component of this Agreement.
Section 17: Cooperation
During employment and upon the Employee's separation from employment with
Employer, whether voluntary or involuntary, Employee agrees to fully cooperate with Employer
in any and all investigations, inquiries or litigation whether in any judicial, administrative, or
public quasi -public or private forum, in which Employer is involved, whether or not Employee is
the Defendant in such investigations, inquiries, proceedings or litigation. Employee shall
provide such testimony, background information, and any other support and cooperation the
Employer may reasonably request. Employee agrees that he will not voluntarily disclose any of
the Employer's proprietary information, which shall include but not be limited to, any personnel,
payroll, risk management, claims, insurance, attorney-client privileged or other information
received during the course and scope of his employment to any person or entity, except the City
Council or Mayor or their designee. Except as otherwise required by law, the Employee further
agrees that he will not directly or indirectly cooperate or assist with the initiation or advancement
of any claims, lawsuits, actions, or demands against the Employer.
Section 18: Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee
under any law or ordinance.
Section 19: Notices
Notice pursuant to this Agreement shall be given by depositing in the custody of the
United States Postal Service, postage prepaid, addressed as follows:
EMPLOYER: City of Milton
c/o The Mayor of Milton
13000 Deerfield Parkway, Suite 107
Milton, Georgia 30004
EMPLOYEE: Mr. Billy Beckett
203 Wheatleigh Lane
Peachtree City, Georgia 30269
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rw Alternatively, notice required pursuant to this Agreement may be personally served.
Notice shall be deemed given as of the date of personal service or as the date of deposit of
such written notice in the course of transmission in the United States Postal Service. Any
change of address for Employee or Employer shall be provided to the other party by written
notice as provided herein.
Section 20: General Provisions
A. Integration:
This Agreement sets forth and establishes the entire understanding between the
Employer and the Employee relating to the employment of the Employee by the
Employer. Any prior discussions or representations by or between the parties
are merged into and rendered null and void by this Agreement. The parties by
mutual written agreement may amend any provision of this Agreement during the
life of the Agreement. Such amendments shall be incorporated and made a part
of this Agreement.
B. Binding Effect:
This Agreement shall be binding on the Employer and the Employee, as well as
their heirs, assigns, executors, personal representatives and successors in
interest.
C. Effective Date:
This Agreement shall become effective on the date first written above.
D. Severability:
The invalidity or partial invalidity of any portion of this Agreement will not effect
the validity of any other provision. In the event that any provision of this
Agreement is held to be invalid, the remaining provisions shall be deemed to be
in full force and effect as if they have been executed by both parties subsequent
to the expungement or judicial modification of the invalid provision.
IN WITNESS THEREOF, the City of Milton, Georgia, has caused this Agreement to be
signed and executed in its behalf by its Mayor, and fully attested to by its City Clerk, and the
Employee has signed and executed this Agreement, both in duplicate, the day and year first
written above.
[SIGNATURES ON FOLLOWING PAGE)
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EST:
J
City Clerk
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CITY OF MILTON
By: The Honortblir "Joe Lockwood
Its: Mayor
Billy Beckett