Wednesday, September 26, 2007

More on the City Manager's Proposed Contract...

As I continue to review these documents, the following questions and issues arise:

Renewal Option Contract:
  • Under Section 1: Term, the anniversary date of the contract would be November 17, 2007. The contract would be "automatically" renewed "annually" ninety days before the anniversary date - which would be August 16, 2008 - but the eight month initial term expires July 16, 2008. What is magic about July and what about the missing month?
  • By my calculations, the salary stated here on a bi-weekly basis totals $169,999.96. In the Palm Beach Post article today there was a much lower figure, which I think assumed a bi-monthly payment plan. We need to clarify whether this is bi-weekly or bi-monthly.
  • We need to know the dollar impact related to the items listed in Section 8: Retirement - especially "catch-up provisions" and "maximum allowable contributions".
  • Section 9: Terminations - Nothing is mentioned about termination for "cause" and how provisions for severance would be eliminated if that were the case.
  • Section 10: Separation - Only if convicted of a felony would he not be able to collect severance. There are a lot of despicable deeds that could be committed short of a felony where he shouldn't be able to collect severance - we need a separation for "cause" provision.
  • Same section: Why do we need to cut him a check for the full amount of severance 7 days after termination? Isn't the regular bi-monthly payment adequate for 12 months?
  • Same section: What is "executive leave"?
  • Same section: If termination occurs during the first eight months, he is eligible for severance equal to one year's salary - not so in the short term version.
  • Section 13: Hours of Work - Can we eliminate this section? This makes it sound like he can drive by the building and conduct business on his cell phone. We need someone that is PRESENT and is IN TOUCH with what is going on at City Hall. Maybe we need a section that talks about minimum number of hours a week to be present?
  • Section 14: Outside Activities - No problem with this but can we have a limit on the number and length of these consulting activities? And what constitutes Lake Worth as being his primary employer - I would hope it is more than just we are the one that pays him the most. That term should be defined.
  • Section 15: Moving and Relocation Expenses Recommended - First of all, eliminate the "recommended" and eliminate "if required by the City Commission". We should have a City Manager that lives here in the City.
Short Term Option
  • Compensation here equals $165,000 per year, based on a bi-weekly payment plan - more than the Post article (see link above).
  • Section 5: Vacation and Sick Leave - This is one month's worth of vacation which amounts to one eighth of his time here. Didn't he have a vacation during his interim period? Was that paid or un-paid? This seems excessive for a short term contract.
Bottom line: This contract needs a lot more work and the City's interest must be better protected.