TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, City Manager
TITLE: Approve Separation Agreement with the City Manager
Recommended Action
Approve the Separation Agreement with the City Manager.
Background Information
The City Manager entered into an employment agreement with the City of North Port effective July 13, 2017. On July 14, 2020, the City Commission placed the City Manager on administrative leave returning on September 16, 2020 after a discussion regarding an investigation on September 8, 2020 by a vote of 3-2. Since returning to work, I have met with each Commissioner and Director as well as all employees. These meetings have been very productive to help the City recover from the events earlier in the year that resulted in the investigation. During that time, there has been significant comments made on social media and by some Commissioners and Commissioner candidates demanding the removal of the City Manager as well as comments made in the newspaper. In an effort for the City and community to move forward, the City Manager is presenting the City with a separation agreement. This agreement is not an admission of wrongdoing by either party.
The terms of the agreement are similar to those in the employment agreement for termination without cause with some slight differences. Those differences include four (4) weeks less in severance pay in exchange for the City paying for health insurance coverage for six (6) months through COBRA. Also, there is a provision to work for 30 days as required if the City Manager were to resign, which the City Manager will continue to work during this period. The leave payouts are the same as in the employment agreement for termination without cause. This agreement, if accepted by all parties will satisfy the thirty (30) day notice requirement for resignation in the employment agreement and cancel that agreement.
The agreement has been reviewed by the City Attorney as to form and correctness.
Strategic Plan
N/A
Financial Impact
Payment for an amount equal to health insurance through COBRA in the amount of $7,437.90, payment of 12 weeks of severance pay, payout of vacation and sick accruals in the amounts totaling $120,402.75 plus applicable payroll taxes.
Procurement
N/A
Attachments:
1. Separation Agreement
Prepared by: Peter Lear, City Manager
Department Director: Peter Lear, City Manager