TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, Interim City Manager
TITLE: Cancellation of the Employment Agreement with City Attorney Mark Moriarty
Recommended Action
Cancel the Employment Agreement with City Attorney Mark Moriarty in accordance with provision 6c of his contract with an effective date of June 3, 2017
Background Information
On August 25, 2014 the City Commission appointed Mark Moriarty as City Attorney and entered an employment agreement with an effective date of September 15, 2014.
Provision 6 and 6c of the Employment Agreement states:
"6. Termination The employment and compensation of the EMPLOYEE can be ended at the option of the CITY or the EMPLOYEE at any time with or without cause, subject to the following conditions:"
"6C. Pursuant to Section 6.02 of the City of North Port City Charter the CITY may cancel this Agreement and the EMPLOYEE's employment without cause by giving the EMPLOYEE ten (10) days written notice before the effective date of termination. The EMPLOYEE shall receive a lump sum severance payment equal to twenty (20) weeks of EMPLOYEES annual base salary, together with payment for any unused leave that EMPLOYEE has accrued as of the effective date of termination, in accordance with the Personnel Policy in effect at that time. This provision complies with section 215.425, Florida Statutes.
A formal vote of "no confidence" by the CITY Commission may be considered by CITY ATTORNEY as a termination without cause under this Agreement."
The requested action is to cancel the employment agreement with City Attorney Mark Moriarty in accordance with provision 6c of his contract with an effective date of June 3, 2017. Coinciding with the requested action the Commission may want to consider providing direction regarding filling the vacancy for an interim period upon the effective date of termination as well as announcing the vacancy and the process to be used for seeking applicatio...
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