Loading...
HomeMy WebLinkAboutMinutes Council 032593 Specialz CITY COUNCIL SPECIAL MEETING CITY OF PALM BEACH GARDENS MARCH 25, 1993 The Special Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Russo at 10:46 P.M., in the Assembly Room of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida. ROLL CALL The Deputy City Clerk called the roll and present were Mayor Russo, Vice Mayor Monroe, Councilman Jablin, Councilwoman Furtado and Councilman Clark. ITEMS FOR CITY MANAGER Mayor Russo stated the purpose of the Special Meeting of the City Council was to obtain input from the City Council and the City Attorney to come to a clear understanding on the issue of accrued vacation time and sick time paid to City Manager, John Orr. Mayor Russo stated he could not come to proper closure on this matter as it involved a payment to Mr. Orr in the amount of $113,393.71. Mayor Russo stated he had called this meeting to discuss the matter, as these funds had already been deposited in Mr. Orr's bank account. Attorney Brant stated, after research of the Charter, the Merit Ordinance, and Chapter 35 of the Palm Beach Gardens Code, Personnel Policy, his legal opinion was that the City Manager position was exempted from the Merit System, as the position could not be considered a department head, and, therefore was not entitled to payment for accrued vacation and sick time. Attorney Brant stated the only mention of vacation time was contained in Ordinance 13, 1974, which stated "The City Manager shall be entitled to two weeks vacation in calendar year of employment after being employed for one year by the City." Attorney Brant stated his opinion was that City Council approval was needed to authorize the transfer of these funds. Attorney Brant stated there was no sufficient administrative track in the records granting the entitlement. Attorney Brant stated he had spoken with Mr. Orr this afternoon and informed him of his findings, however, Mr. Orr felt he was entitled to these funds and felt he had done nothing wrong. Mayor Russo stated he had met with Holly Vath on Friday, May 19, 1993, and was informed Mr. Orr was going to receive a large check upon his retirement. Mayor Russo stated he requested from Ms. Vath and Mrs. Herakovich, Acting Assistant City Manager, that the proper documentation be in place. Mayor Russo stated he was under the assumption Mr. Orr was going to receive the check on his last day with the City. Ms. Vath addressed the City Council and stated, after researching Mr. Orr's personnel record, it was determined Mr. Orr had taken 67 vacation days during his tenure with the City and based on the 2 weeks of vacation approved in Ordinance 13, 1974, Mr. Orr would be eligible for CITY COUNCIL SPECIAL MEETING, 3/25/93 PAGE 3 approximately 1,500 hours of vacation pay. Ms. Vath stated Mr. Orr was paid for 1,800 hours of vacation, which would mean the City would need to recoup approximately $10,000 - $12,000 in excess payment of vacation pay. Attorney Brant stated the Council had the inherent power to 1) request the return of the monies transferred within a reasonable period of time; 2) approve the transfer of funds; or, 3) approve the transfer of funds in part. Attorney Brant stated, if the consensus of the City Council was to request the return of monies transferred, he recommended the Council authorize the Mayor to direct a letter to Mr. Orr requesting the return of the monies and set a time certain between now and the 4/1/93 Regular Council Meeting for the return of the funds. Attorney Brant stated, if the return of funds did not occur by the time certain, the Council needed to be prepared to take the next legal step and would request the Mayor place this item on the 4/1/93 Regular Council Meeting Agenda to bring it to a conclusion. Councilman Clark made a motion, seconded by Councilwoman Furtado, to authorize the Mayor to deliver a letter to Mr. Orr on Friday, May 26, 1993, or as soon thereafter as could be delivered, requesting the return, in full, of the monies wire transferred into his account no later than the close of business on Monday, March 29, 1993. The motion was unanimously approved by the City Council. CITY COUNCIL SPECIAL MEETING, 3/29/93 PAGE 4 There was a consensus of the City Council for Attorney Brant and Ms. Vath to determine the amount due and payable to Mr. Orr upon his retirement from the City. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 11:37 P.M. APPROVAL MAYOR RUSSO COUNC�MA9-7AAL- VICE MAYOR MONROE '4 4 M. RIEF DEPUTY CITY CLERK COUNCILWOMAN FURTADO COUNCILMAN CLARK