CITY OF PORT ST LUCIE

CITY OF PORT ST LUCIE COUNCIL AGENDA MEMORANDUM Agenda Item #: 7K Meeting Date: 6/12/2017 TO: VIA: FROM: Mayor and City ; ouncil Russ Blackburn i y Manager O. Reginald Osenton, City Attorney Agenda Item: Motion: Ratification of Appointment of Elizabeth L. Hertz, Esq. as Assistant City Attorney/Land Use Litigation pursuant to Section 9.04 of the City Charter which provides that the City Council shall appoint a City Attorney and such Assistant City Attorney as it deems necessary who shall serve at the pleasure of the Council and act as legal advisor to the City and all its officers on matters relating to their official duties; Providing an Effective Date Submittal Date: 5/31 /2017 STRATEGIC PLAN LINK: This item is consistent with the Port St. Lucie City Government Mission to provide Exceptional Municipal Services. BACKGROUND: Elizabeth Hertz is a member in good standing of the Florida Bar and has been admitted to practice law in the State of Florida since 2011. Mrs. Hertz will commence employment with the City of Port St. Lucie as an Assistant City Attorney/Land Use Litigation on June 12, 2017. Mrs. Hertz's experience includes, but is not limited to, two (2) judicial internships, and employment as an Associate Attorney handling contractual and complex land disputes, employment and community association litigation, quasi-judicial and administrative hearings, land use and zoning matters. ANALYSIS: The attached Employment Agreement is presented for City Council consideration and seeks to ratify the appointment of Elizabeth L. Hertz as Assistant City Attorney/Land Use Litigation. Section 9.04 of the City Charter provides that the City Council shall appoint a City Attorney and such Assistant City Attorney as it deems necessary who shall serve at the pleasure of the City Council and act as legal advisor for the City and all its officers on matters relating to their official duties. The Employment Agreement shall be in substantially the same form as is attached and as may be authorized and approved by the City Manager. Council Agenda Memorandum V 1.3

FINANCIAL INFORMATION: The proposed Employment Agreement remains within the budget set for the City Attorney's Office. LEGAL INFORMATION: The attached Employment Contract and Job Description were reviewed by Manny Anon, Jr., Assistant City Attorney and approved as to legal form and sufficiency by O. Reginald Osenton, City Attorney. STAFF RECOMMENDATION: The City Attorney's Office recommends approval and ratification of the Employment Agreement. SPECIAL CONSIDERATION: N/A PRESENTATION INFORMATION: N/A REQUESTED MEETING DATE: 6/12/2017 LOCATION OF PROJECT: N/A ATTACHMENTS: Employment Agreement and Job Description MAY p 8 2817 _ 3.^; i Council Agenda Memorandum V 1.3

EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("Agreement") effective the 10, day of!rtivct_y, 2017, by and between the CITY OF PORT ST. LUCIE, hereinafter referred to as "CITY", acting through the CITY ATTORNEY, hereinafter refer red to as "CA", and ELIZABETH L. HERTZ, hereinafter referred to as "EMPLOYEE", governs the terms and conditions of EMPLOYEE'S employment. WHEREAS, CITY desires to retain the legal services of EMPLOYEE as an Assistant City Attorney; and WHEREAS, CITY agrees to employ EMPLOYEE and EMPLOYEE agrees to accept employment with CITY in the position of Assistant City Attorney; and WHEREAS, it is the desire of CA to establish terms and conditions of employment, and to codify working conditions of EMPLOYEE; and NOW THEREFORE, in consideration of the mutual covenants herein contained, CITY and EMPLOYEE agree as follows: I. DUTIES. A job description for the position delineating specific job duties is attached hereto as Exhibit "A" and incorporated herein by this reference. II. DURATIONOFAGREEMENT. A. EMPLOYEE shall be an at-will contractual employee of the CITY and serve at the pleasure of CA and, pursuant to Section 9.04 of the City Charter, shall serve at the pleasure of the City of Port St. Lucie City Council (hereinafter the "CITY COUNCIL"). EMPLOYEE waives any rights to a pre- or post-disciplinary/termination hearing in the event of discipline or termination. 1

B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of CA or the CITY COUNCIL to terminate the employment of EMPLOYEE at any time, subject only to the provisions set forth in Section Xli. C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of CA or the CITY COUNCIL to cancel this Agreement, subject only to the provisions set forth in Section III (B) or (C). M. CANCELLATIONOFAGREEMENT. The parties agree that this Agreement may be canceled in one of the following ways: A. EMPLOYEE may cancel this Agreement by providing at least 60-days written notice to CA of EMPLOYEE' voluntary resignation, unless the parties agree otherwise. A timely notice constitutes "good standing" separation. EMPLOYEE acknowledges and understands that, in the event of voluntary resignation, EMPLOYEE is not entitled to any severance pay. B. CA or CITY COUNCIL may cancel this agreement in the event EMPLOYEE abandons the position of Assistant City Attorney. A position is considered abandoned after unauthorized absences from work for a consecutive period of three (3) clays (or three (3) assigned shifts) occur. EMPLOYEE is not entitled to severance in the event of cancellation due to abandonment. C. If EMPLOYEE is convicted of a misdemeanor involving a crime of moral turpitude or a felony violation of Florida or federal criminal law, such charges arising from events and prosecution occurring during the term of this Agreement, CA or CITY COUNCIL shall have the option of canceling this Agreement without being obligated to pay any severance pay. EMPLOYEE is obligated to advise the CA of an arrest within three (3) working days. The 2

EMPLOYEE will have a continual obligation to keep the CA advised as to the status of the case until final disposition. IV. TERMINATION OFEMPLOYMENT. CA may, with or without cause, terminate the employment of the EMPLOYEE at any time. The CITY COUNCIL may, with or without cause terminate employment of the EMPLOYEE at any time by a majority vote of all members. If the EMPLOYEE is terminated before the expiration of the Agreement as set forth in Section II (B), EMPLOYEE shall be entitled to severance pay as set forth in Section XII. In the event of termination, EMPLOYEE shall also be compensated for all eligible accrued benefits to date, based on the limitations and conditions detailed herein. V. PERFORMANCE CRITERIA ANDEVALUATIONS. A. At least annually, CA shall meet with EMPLOYEE to establish performance standards, departmental goals and criteria for a performance evaluation. Within thirty (30) days of each annual anniversary date of this Agreement, CA shall, in accordance with the criteria previously established, review and evaluate the performance of EMPLOYEE. B. CA shall provide EMPLOYEE with a written performance evaluation and shall provide an opportunity for EMPLOYEE to discuss the contents thereof with CA for the purpose of advancing the overall effectiveness of EMPLOYEE in his/her position. C. CA shall provide EMPLOYEE with periodic written performance evaluations during EMPLOYEE'S first 180 days of employment as Assistant City Attorney. VI. HEALTH.DISABILITY ANDLIFEINSURANCE. A. The CITY agrees to provide disability. accidental death and dismemberment, and life insurance for EMPLOYEE and to pay the premiums thereon equal to 3

that which is provided to all other management/non-bargaining unit CITY employees. B. The CITY agrees to provide hospitalization, surgical, dental, vision and comprehensive medical insurance for EMPLOYEE and EMPLOYEE'S dependents (if eligible) and to pay the premiums thereon equal to that which is provided to all other management/nonbargaining unit CITY employees. VII. PROFESSIONAL DEVELOPMENT. The CITY recognizes its obligation for the professional development of EMPLOYEE and agrees that EMPLOYEE will be given adequate opportunity to develop EMPLOYEE'S skills and abilities as an attorney, and EMPLOYEE agrees to participate in professional development activities. CA agrees to budget and pay for professional and official travel and meetings in continuance of the professional development of EMPLOYEE and in furtherance of the promotion of necessary official functions of the CITY. CA also agrees to budget and pay for EMPLOYEE'S professional dues (such as Florida bar dues), continuing education, and travel and subsistence expenses of EMPLOYEE for training purposes, institutes, and seminars that are necessary for EMPLOYEE'S professional development and for the good of the CITY. VIII. SECONDARYEMPLOYMENT. EMPLOYEE agrees to not accept any other full-time employment. However, the CITY and CA agree that EMPLOYEE shall be allowed to accept part-time employment and to accept normal compensation for such endeavors, provided such part-time employment shall be scheduled to not interfere with the normal operations of the MY' and shall require the prior written approval of CA. 4

IX. SICK,ANNUAL,COMPENSATORY.PERSONAL.BEREAVEMENT, MILITARY LEAVES, ANDOTHER AUTHORIZEDABSENCES Note: EMPLOYEE'S original date of hire. June 12, 2017, shall be deemed the "Hire Date" or "Anniversary Date" as those terms are used in this Agreement. A. SICK TIME. EMPLOYEE shall be granted ninety-six (96) hours sick time upon EMPLOYEE'S hire date and an additional ninety-six (96) hours sick time each year upon subsequent anniversary dates. Said sick time may only be used in accordance with the provisions outlined in the City's Personnel Rules and Regulations. Upon termination of employment, EMPLOYEE may be compensated for unused sick time, pursuant to the City's Personnel Rules and Regulations. In the event EMPLOYEE separates from service pursuant to Section III (B), (C) or Section IV, EMPLOYEE shall not be compensated for unused sick time. However, the aforementioned prohibition of unused sick time compensation does not include a separation clue to a "Reduction in Force" (RIF). If EMPLOYEE leaves City employment pursuant to Section III (A) or as part of a RIF, said separation shall constitute good standing and compensation for unused sick time will be granted in accordance with the following: Years Employed Payment Percentage 5-9 50% 10-14 60% 15-19 75% 20 + 100% Payments are limited to a maximum of one thousand forty (1,040) hours. 5

B. ANNUM. LEAVE. EMPLOYEE shall accrue annual leave on a bi-weekly basis, using his/her date of hire, as follows: Years Employed Days Accrued Per Year 0-3 10 4-9 15 10-19 20 20 + 25 Annual leave may only be accrued to a maximum of two-hundred forty (240) regular hours. If EMPLOYEE leaves CITY employment after more than nine (9) months of continuous employment from EMPLOYEE'S date of hire, then EMPLOYEE shall receive payment for any accrued annual leave as of the date of separation. C. COMPENSATORY TIME. EMPLOYEE shall be granted forty (40) hours of compensatory time upon each anniversary date. Said compensatory time may be used in addition to other approved leaves. No more than forty (40) hours per year may be utilized within any twelve-month period. Upon separation from employment with the City for any reason, including but not limited to retirement, termination or cancellation of the Agreement, EMPLOYEE is not entitled to and will not receive payment for any unused compensatory time balance. D. PERSONAL DAYS. EMPLOYEE shall be granted three (3) paid personal leave days upon each anniversary date. Paid personal leave days may not be accrued from year-to-year. Personal days arc not compensated upon separation from CITY'S employment. E, BEREAVEMENT, MILITARY AND OTHER AUTHORIZED LEAVES. Bereavement, Military and Other Authorized Leave may be g ranted, pursuant to the City's 6

Personnel Rules and Regulations, Section 3 - Benefits and Section 4-Types of Leaves of Absence and in accordance with applicable Federal and Florida law. X. RETIREMENT. The CITY agrees to pay an amount equal to ten and one-half (10.5%) percent of EMPLOYEE'S base pay into the ICMA Retirement Corporation 401(A) or 457 Account. Said contributions to coincide with EMPLOYEE'S bi-weekly salary payments as provided to all other management/non-bargaining unit CITY employees. XI. SALARY, ALLOWANCES,COMPENSATORY LEAVEANDPERSONAL DAYS. A. Starting salary shall be EIGHTY THOUSAND DOLLARS ($80,000.00) per annum, payable in bi-weekly installments. EMPLOYEE shall be eligible for any budgeted annual COLA increases and/or merit increases, based upon annual performance reviews. B. EMPLOYEE acknowledges that, pursuant to the Fair Labor Standards Act (FLSA) EMPLOYEE qualifies for the "Professional" Employee Exemption. As an exempt employee, EMPLOYEE is paid a weekly salary, not subject to minimum wage or overtime compensation provisions of the FLSA. As such. EMPLOYEE shall do all things necessary and required to be available to CITY during the term of this Agreement. C. AUTOMOBILE EXPENSES. EMPLOYEE will receive mileage reimbursement for use of EMPLOYEE'S personal vehicle for local and out-of-area business travel at the CITY rate, which shall annually coincide with the Internal Revenue Service's standard mileage rate. D. COMMUNICATION EXPENSES. CITY hereby agrees to provide EMPLOYEE a cellular telephone or similar device for use in the normal conduct of business, in 7

accordance with CITY policy. XII. PROBATIONARY PERIOD. EMPLOYEE must serve in a probationary capacity for a minimum of nine (9) months in accordance with City's Personnel Rules and Regulations Section 2-1 - Probationary Period. Completion of the probationary period does not alter EMPLOYEE'S at-will employment status. After successfully completing the probationary period, CA may present EMPLOYEE with an Assistant City Attorney Badge. X11I. SEVERANCE PAY. After EMPLOYEE successfully completes a nine (9) months probationary period, CA shall grant EMPLOYEE thirteen (13) regular weeks' severance pay upon termination pursuant to Section IV. After two (2) years from EMPLOYEE'S Hire Date, CA shall pay EMPLOYEE twenty (20) weeks' severance pay upon termination by CA or CITY COUNCIL pursuant to Section IV. XIV. GENERALEXPENSES. CA recognizes that certain expenses of a non-personal and job-affiliated nature may be incurred by EMPLOYEE, and hereby agrees to reimburse or to pay said general expenses, subject to prior approval of CA and in accordance with CITY policy. The Finance Director is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements, or personal affidavits. XV. CIVIC CLUB MEMBERSHIPS,. CA recognizes the desirability of representation in and before local civic and other organizations. EMPLOYEE shall present to CA for his review and approval a listing of civic organizations for which the CITY shall pay all expenses on his/her behalf. XVI. EMPLOYEE HANDBOOK. Terms and conditions of EMPLOYEE'S employment not specifically set forth in this Agreement shall be governed by the Citv's Personnel 8

Rules and Regulations for non-bargaining unit emplovees, provided said provisions are not inconsistent with or in conflict with the provisions of this Agreement, CITY Code of Ordinances and/or any Federal and Florida law. XVII. POST EMPLOYMENTRESTRICTIONS. EMPLOYEE shall not personally represent another person or entity for compensation before CITY COUNCIL or any CITY board or commission for a period of two (2) years following EMPLOYEE'S separation of employment. However, this post employment restriction shall not apply to EMPLOYEE'S representation of a collective bargaining unit or any not-for-profit entity serving the needs to the community as may be determined by the CITY COUNCIL. XVIII. MODIFICATIONS. No change or modification of this Agreement shall be valid unless it shall be in writing and signed by both parties. XIX. GOVERNINGLAW. This Agreement shall be construed and governed by the laws of the State of Florida, and venue for any proceedings brought hereon shall be in St. Lucie County, Florida. XX. SEVERABILITYOFPROVISIONS. If any clause or provision of this Agreement shall be determined to be illegal, invalid, or to be void as against public policy, the remainder of this Agreement shall not be affected thereby. IN WITNESS WHEREOF, the parties hereunto have set their hands to this instrument this '3C day of Mat/ 2017. 9

Human Resources Department 121 S.W.Port St. Lucie Blvd Port St. Lucie, FL 34984-5099 www.cityofpsl.com Assistant City Attorney-Land Use & Civil Litigation REPORTS TO: PAY BAND: JOB CODE: BARGAINING UNIT: FLSA STATUS: DATE PREPARED: DATE MODIFIED: CITY VEHICLE USAGE: City Attorney Manager/Professional TBD Non Exempt 03/31/2017 May be required This position is an Essential classification and will require you to report to duty before, during and after a civil emergency. SUMMARY Professional work assisting the City Attorney in providing legal services to the City. Duties include assisting the City Attorney as a member of a specific legal team that performs the complex responsibilities of general legal counsel for the City, including the rendering of legal advice and assistance to the Mayor, Council, City Manager and Department Directors. May represent the City in Federal and State courts. Work is performed under the direction of the City Attorney and is reviewed through conferences, inspection of documents, and evaluation of results obtained. However, as a professional, this position is afforded general independence and autonomy in order to accomplish the work and handle any and all issues presented by the City Council, City Manager, and Department Heads. ESSENTIAL RESPONSIBILITIES Assists in the preparation and presentation of cases on behalf of the City in civil law suits and administrative hearings. Performs land use, construction, and civil litigation duties. Performs legal searches and prepares opinions on various legal problems for City departments. Prepares, drafts, reviews and approves contracts, deeds, leases and other legal documents and instruments for various City departments; reviews such documents and renders opinions as to their legal acceptability. Prepares proposed ordinances and makes recommendations to repeal, amend or revise existing ordinances and resolutions. Reviews the preparation of deeds, easements and other documents in connection with the acquisition and disposal of property rights.

Conducts investigations of claims and complaints by or against the City; prepares reports, memoranda, and drafts legal opinions recommending courses of action. May represent the City in litigation. Advises department heads on legal questions. Participates in the preparation of state and federal cases for trial, takes depositions, prepares briefs and pleadings and participates in necessary investigations. Represents Legal Department at City Council and board meetings as assigned. Researches legal questions, and renders legal opinions, prepares resolutions and ordinances, issues briefs and legal documents, represents the City in any and all litigation matters such as civil lawsuits, arbitrations, mediations, and legal hearings. Reviews municipal financial documents and proceedings. MINIMUM REQUIREMENTS Juris Doctorate Degree (J.D.) and a member of the Florida Bar in "good standing". At least Five (5) years of progressively responsible legal experience. Knowledge of municipal, county, state, federal, common law and constitutional laws affecting the City government. Knowledge of City codes, ordinances and charter provisions relating to the authority and functions of the City. Knowledge of established precedents and sources of legal references applicable to municipal activities. Ability to prepare civil law cases. Ability to analyze and prepare a variety of legal documents. Ability to conduct research on legal problems and to prepare legal opinions. Ability to express ideas clearly and concisely, both orally and in writing. Ability to establish and maintain effective working relationships as necessitated by the work. Ability to prepare and defend civil law cases through completion. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this Job, the employee is regularly required to talk or hear. The employee is frequently required to sit. The employee is occasionally required to stand; walk; use hands to finger, handle, or feel; reach with hands and arms; climb or balance and stoop, kneel, crouch, or crawl. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, depth perception and ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. Office environment is fast paced.