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HomeMy WebLinkAbout06-13-2024 City Commission Regular Workshop Agenda The City of City Commission Aventura Workshop Agenda June 13, 2024 '- 9:00 a.m. Aventura Government Center 5t" Floor Executive Conference Room 19200 W. Country Club Drive, Aventura, FL 33180 1. Call to Order/Roll Call 2. Pledge of Allegiance 3. Discussion: Changing the October 1, 2024, City Commission Meeting to October 811 (Mayor Weinberg) 4. Discussion: Hate Speech (City Attorney) 5. Discussion: Deputy City Manager's Contract (City Manager) 6. Adjournment This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,305-466- 8901 or cityclerkC cityofaventura.com,not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may participate in the meeting.Agenda items are available online at cityofaventura.com for viewing and printing.Copies of agenda items can also be requested through the Office of the City Clerk at 305-466-8901 or cityclerkC&,cityofaventura.com. HATE SPEECH WORKSHOP ITEM Hate speech may be offensive and hurtful; however, it is generally protecting by the First Amendment. One common definition of hate speech is any form or expression through which speakers intend to vilify, humiliate or incite hatred against a group or a class of persons on the basis of race, religion, skin color, sexual identify, gender identity, disability or national origin. Although hate speech is protected by the Constitution, any expression that constitutes a true threat, incitement to lawless action, discriminatory harassment or defamation is punishable. The courts recognize a distinction between a public forum and a limited public forum. Commission meetings are limited public forums, enabling government to enact reasonable time, place and manner restrictions — e.g., adopting rules of decorum to bar speakers from disrupting the assembly. Hate speech would certainly qualify as a disruption to the meeting. The City's rules of decorum, set forth in Resolution 2023-20, establish the chair to follow when a speaker is being disruptive -- to issue a warning to the speaker to refrain from further disruptive comments. If the speaker refuses to abide by the chair's directive, that person can be removed from the meeting. Since we have a resolution on point, the Commission could amend the resolution to cite hate speech as an example of disruptive speech without attempting to define it. We could also give other examples of disruptive comments in the amended resolution as follows: disruptive speech includes, but is not limited to, hate speech, fighting words, defamation. Alternatively, we could simply focus on hate speech and add a sentence to the resolution by including the abovementioned definition. All things considered, it is a balancing act between a person exercising one's First Amendment rights when speaking in a limited public forum versus engaging in behavior which disrupts the meeting. CITY OF AVENTURA EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this day of , 2024, between the CITY OF AVENTURA, Florida, a Florida municipal corporation, hereinafter referred to as the "CITY" or "City" and Bryan Pegues, hereinafter referred to as "CITY MANAGER", both of whom understand and agree, as follows: WITNESSETH: WHEREAS, Article III, Section 3.01 of the Charter of the CITY requires that there shall be a City Manager who shall be the Chief Administrative Officer of the CITY; and WHEREAS, the CITY desires to employ the services of Bryan Pegues as City Manager of the City of Aventura as provided by Article III of the City Charter, and in accordance with this Agreement; and WHEREAS, the parties have indicated their interest in entering into this Agreement for the purposes of establishing the basis, framework and context for the relationship which shall exist between the CITY and CITY MANAGER. NOW THEREFORE, in consideration of the promises, the mutual covenants, conditions, provisions and undertakings herein contained, and for other good and valuable consideration, the parties do mutually covenant and agree with each other as follows: SECTION 1. TERMS AND CONDITIONS - CITY 1.0 The CITY and City Manager agree as follows: 1.1 The CITY shall employ Bryan Pegues as City Manager for a term hereinafter described consistent with the terms, conditions and covenants of the Charter of the City of Aventura. Bryan Pegues shall commence employment as City Manager of the CITY on November 4, 2024. 1.2 The City shall pay and compensate the CITY MANAGER for his services commencing on November 4, 2024, an initial base salary for the first year of service under this Agreement in the amount of Two Hundred Thirty-Seven Thousand Five Hundred ($237,500) Dollars, payable in accordance with the regularly scheduled method of compensation for other municipal employees of the CITY. 1.2.1 For each City fiscal year hereafter, commencing with October 1, 2025, CITY MANAGER shall receive the standard annual salary increase percentage amount which is granted to all other general employees of the City. 1.2.2 Using the City's established evaluation criteria and process, the City Commission shall review and evaluate the performance of CITY MANAGER annually at a time established by the City Commission. Based on the results of the annual evaluation, the City Commission may, in its sole discretion, grant a merit salary increase and/or other benefits upon an affirmative vote of the majority of the City Commission. 1.3 The City shall take whatever action is reasonably necessary, including executing the necessary agreements provided by the ICMA Retirement Corporation, to deposit into the International City Management Association Pension Fund (401 Plan for City Managers) on behalf of the CITY MANAGER an amount equal to 18% of CITY MANAGER'S base salary, in equal proportionate amounts each pay period, and to transfer ownership to succeeding employers upon CITY MANAGER'S resignation or termination. 1.4 The City shall agree to pay CITY MANAGER's annual deferred compensation in equal proportionate amount each pay period into the Mission Square Section 457 Retirement Fund equal to the maximum annual amount authorized by Section 457 of the Internal Revenue Code. CITY MANAGER shall be responsible for paying any and all taxes related to withdrawal transactions associated with this fund. City agrees that all contributions made on the CITY MANAGER's behalf are immediately 100% vested when deposited into the fund. 1.5 The City shall budget and pay for all reasonable and customary professional dues and subscriptions of the CITY MANAGER which are necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for this continued professional participation, growth and advancement, and for the good of the CITY. (i.e., ICMA, FCCMA). 1.6 The City shall lease, rent or purchase a Ford Explorer (or comparable vehicle) at the discretion of the CITY for exclusive and unrestricted use by the CITY MANAGER at all times during his tenure with the CITY as CITY MANAGER. The CITY shall be responsible for all costs associated with the acquisition, operation, maintenance, repair and replacement of the vehicle. 1.7 The CITY shall provide at no cost to the CITY MANAGER the necessary equipment, including, but not limited to, a cellular telephone, laptop/iPad, a home printer with scanning features, in order to perform the essential functions of the job. 1.8 The City shall provide and make the required premium payments for health and hospitalization, major medical, disability, and dental insurance, for CITY MANAGER and his eligible dependents, if any, through the CITY's group health, hospitalization, major medical, dental insurance and disability insurance program. Upon separation from employment, the CITY shall continue to make the required premium payments as described above for the CITY MANAGER until the CITY MANAGER reaches the age of sixty-five (65). Upon separation and until age sixty-five (65), the CITY MANAGER will be responsible for the required premiums payments for eligible dependents at the rates established for City employees during the applicable plan year. 1.9 The CITY shall provide the CITY MANAGER with the same holidays, vacation, sick and other leave benefits and accruals as would be accorded any department head position of CITY, with the following exceptions: 1) the CITY MANAGER shall be provided with an allocation of a total of twenty (20) days of vacation leave each year, and two (2) additional days of personal leave each year, immediately available to the CITY MANAGER at the beginning of each calendar year and unused vacation leave shall be rolled over from one calendar year to the next and shall not be capped; 2) before the commencement of this agreement, the CITY MANAGER shall receive a payout of 400 hours of vacation leave earned in his prior positions with the City, calculated based on his current salary as Assistant City Manager; 3) the sick leave balance of the CITY MANAGER is not capped; and all accrued sick leave earned in his prior positions shall be rolled over; 4) commencing November 4, 2024, the CITY MANAGER will immediately begin accruing vacation and sick leave at the maximum accrual rates under CITY policies and 5) upon separation from employment, CITY MANAGER shall be paid for all accrued vacation/personal leave and sick leave. 1.10 The City shall budget and pay for the reasonable and customary travel and subsistence expenses of the CITY MANAGER for professional and official travel and meetings and seminars adequate to continue the professional development of CITY MANAGER and to adequately pursue his necessary official and other functions for CITY. Such professional meetings may include the International City Management Association, Florida City and County Management Association, National League of Cities, Florida League of Cities, and Miami-Dade County League of Cities. 1.11 The City shall defend, save harmless and indemnify CITY MANAGER against any tort, professional liability claim or demand or other legal action arising out of an alleged act or omission occurring in the performance of his duties as CITY MANAGER to the fullest extent authorized by applicable law. 1.12 The City shall pay the cost of any bonds required of the CITY MANAGER under any law, ordinance or the Charter of the City. 1.13 The City Commission may establish such other terms and conditions of employment, as the Commission may determine from time to time, relating to the performance of CITY MANANGER, provided that such terms and conditions are not in conflict with the provisions of this Agreement, the City Charter, or applicable law. 1.14 The CITY MANAGER will receive all other benefits which the City provides to department directors in accordance with the City's policies as existing from time to time. SECTION 2. TERMS AND CONDITIONS-CITY MANAGER 2.0 The CITY MANAGER agrees as follows. 2.1 To commence employment with the City on November 4, 2024, as City Manager of the City of Aventura, Florida, as described herein, and in accordance with the terms, conditions and provisions contained in the Charter and Code of the City of Aventura. 2.2 To fulfill the obligations and responsibilities provided for in the Charter and Code of the City of Aventura and to perform all functions and duties as the Chief Administrative Official of the CITY in a professional and respectable fashion and with full decorum historically required of the City Manager of CITY and as required for City Managers generally in Miami-Dade County, Florida, and the standards and Code of Ethics of the International City Management Association, and applicable local, county, state and federal ethics codes. 2.3 That the position of CITY MANAGER is an exempt position pursuant to the federal Fair Labor Standards Act. Accordingly, the CITY MANAGER shall do all things necessary and required to be available to the CITY, its commissioners, agents, servants and employees during the course of this Agreement consistent with good and respectable management requirements and as otherwise dictated and provided by this Agreement, the Charter and Code of Ordinances of the City of Aventura. The CITY MANAGER agrees to remain in the exclusive employ of City from November 4, 2024 through the term of this Agreement, and not to be employed by any other employer, while in the employment of the City, unless otherwise expressly authorized in writing by the City Commission. 2.4 In the event CITY MANAGER determines to voluntarily resign his position with the CITY, the CITY MANAGER shall provide CITY with four (4) months written notice in advance, unless the parties otherwise agree in writing to a different period of time. SECTION 3. TERM 3.0 This Agreement shall be effective from and after , 2024, and shall be for an indefinite term in accordance with Section 4 of this Agreement. The actual commencement of employment date of the CITY MANAGER shall be on November 4, 2024. SECTION 4. REMOVAL OF CITY MANAGER 4.0 The CITY MANAGER shall serve at the pleasure of the City Commission. In the event the CITY Commission wishes to terminate the employment of the CITY MANAGER it shall do so in accordance with Article III, Section 3.08. of the CITY Charter. 4.1 In the event CITY MANAGER is terminated by the CITY, the CITY agrees to pay CITY MANAGER severance pay in an amount equal to sixteen (16) weeks of salary, plus any accrued sick leave, vacation leave and other accrued benefits. CITY hereby expressly warrants and represents that said severance payments shall be paid to CITY MANAGER in a lump sum upon his termination or within thirty (30) days thereafter. Moreover, once the CITY MANAGER has satisfactorily served the CITY for a one (1) year period of time following commencing service on November 4, 2024, the City Commission may, at its sole discretion, increase the sixteen (16) weeks of severance pay (described above) to a total of twenty (20) weeks of severance pay. However, in the event CITY MANAGER is terminated for the conviction of an illegal act or for misconduct as referenced in Sec. 215.425(4)(a)(2), F.S., CITY shall have no obligation to pay the respective sixteen (16) weeks or twenty (20) weeks of severance pay which is referenced above.