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.