Item Coversheet


LEGISLATIVE MEMORANDUM


TO:


Honorable Mayor and Members of the City Council
FROM:
DATE:

7/2/2020
RE:

Proposed amendment to Employment Agreement for the City Manager's employment contract. (Councilman Anderson)

The City entered into an employment agreement (Agreement) with the Lisa Morrell (Morrell) to serve as the City Manager on December 27, 2018. The Agreement was effective December 6, 2018. Section 4.012 of the City Charter of the City of Palm Bay allows the City Council by a majority vote to remove the city manager by resolution. In addition, section 21 of the Agreement states:

 

Either party may request renegotiation of any provision of this Agreement at any time. If the parties are unable to reach agreement, those terms will remain unchanged.

 

The proposed amendment provides: 1. Morrell resigns her position as City Manager effective July 2, 2020; 2. The City will stipulate that Morrell retired from service in good standing; 3.Morrell will receive 10 weeks of severance; 4. the City will pay out vacation and sick leave in the amounts provided by Administrative Code 1-31 § 31.6; 5. The City will pay Morrell $5,000 of administrative pay and in exchange Morrell and the City will execute a Mutual Release of Claims. If Morrell revokes the Mutual Release of Claims the City would have no obligation to pay her $5,000; 6. The amendment does not affect her entitlement to health insurance for the remainder of the month or her ability to obtain COBRA; 7. The amended agreement supersedes any prior understanding regarding Morrell’s employment and acknowledges Morrell has 7 days to revoke the Mutual Release of Claims by delivering her revocation to the City Attorney.

The Mutual Release of Claims releases both Morrell and the City from any claim or cause of action.

The proposed amendment may only become effective if: 1. Morrell executes the amendment and 2. A majority of Council approves the amendment. If either condition fails, then the amendment fails, and Morrell’s contract will remain unchanged.




REQUESTING DEPARTMENT:
City Attorney's Office

FISCAL IMPACT:
The proposed contract amendment would provide the City Manager an additional $5,000 that is not provided for in her contract or through the administrative code’s provisions for leave payout.

ATTACHMENTS:
Description
Contract Amendment
Lisa Morrell Employment Contract