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96-22128 RESO RESOLUTION NO. 96-22128 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING AND RATIFYING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY AND POLICE CHIEF RICHARD BARRETO. WHEREAS, in accordance with the Miami Beach City Charter, the City Manager may appoint all Department Directors with the consent of the Mayor and City Commission; and WHEREAS, on November 16,1995, the City Manager appointed Richard Barreto to serve as Police Chief of the City; and WHEREAS, the City Manager herein submits the attached Employment Agreement between the City and Police Chief Richard Barreto, for a three-year period, commencing retroactively from November 16, 1995, through November 15', 1998, unless extended by mutual agreement by both parties, with an annual compensation of $101,781.00, to be reviewed six (6) months after the execution of the Agreement, and thereafter on an annual basis when other Department Directors' salaries and benefits are reviewed. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the attached Employment Agreement between the City of Miami Beach, Florida, and Police Chief Richard Barreto is retroactively approved and ratified: PASSED AND ADOPTED this 25thday of September ,1996. ATTEST: ~o~~ ~~ City Clerk I v: CITY OF MIAMI BEACH~ CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO.~ ~~ TO: Mayor Seymour Gelber and Members of the City Commission DATE: September 25, 1996 FROM: tL Jose Garcia-Pedros City Manager h POLICE CHIEF R CHARD BARRETO/EMPLOYMENT AGREEMENT SUBJECT: ADMINISTRATION RECOMMENDATION: Pass and adopt the attached Resolution. BACKGROUND: Pursuant to Article IV, Section 4.02 of the Miami Beach City Charter, attached is the Employment Agreement between the City of Miami Beach and Police Chief, Richard Barreto, alo(lg with a Resolution for the Mayor and City Commission's ratification of the Employment Agreement. ,J JGP:RWs:IS9 Attachments f:\cmgr\$al~Comm-mem. 96lbrto4emp.agr a:\COMM-MEM01196/BRT04EMP.AGR Agenda Item C- 1 B- Oa te q -~5". q t- TERMS AND CONDITIONS OF EMPLOYMENT THIS AGREEMENT is made and entered into this ~ day of ()a()~t1L , 1996, by and between the City of Miami Beach, Florida, a Florida municipal corporation, hereinafter referred to as the "EMPLOYER", and Richard Barreto, hereinafter referred to as the "EMPLOYEE". WITNESSETH: WHEREAS, EMPLOYER desires to employ the services of EMPLOYEE as the Chief of Police for the City of Miami Beach, Florida; and WHEREAS, both the EMPLOYER and the EMPLOYEE agree that it is appropriate to enter in to this AGREEMENT in order to provide certain benefits, conditions of employment, and terms of employment; and WHEREAS, the EMPLOYEE is desirous to retain employment as the Police Chief of the City of Miami Beach. NOW THEREFORE, the City of Miami Beach does hereby confirm the services of Richard Barreto as its Police Chief under, and in accord with, the following terms and conditions: SECTION 1. DUTIES A) As Police Chief, the EMPLOYEE shall be the Chief Administrative Officer of the Police Department. The EMPLOYEE shall be responsible to the City Manager, or his designee, for the administration of the Police Department. The EMPLOYEE shall be charged with the effective and impartial enforcement of all City ordinances and State laws for the protection of all persons who live in or who visit the City. The EMPLOYEE shall be responsible for planning, organizing, directing, staffing, and coordinating police operations. The EMPLOYEE shall be responsible for the operations of the police department and the reporting of same. The EMPLOYEE shall annually prepare and submit to the City Manager a proposed budget for the Police Department. B) The EMPLOYEE shall perform other legally permissible and proper duties and functions as the City Manager shall, from time to time, assign. C) The EMPLOYEE shall formulate departmental rules, regulations, and procedures in cooperation with the City Manager, or his designee to whom the EMPLOYEE reports and to whom the EMPLOYEE is responsible for the proper operation of the Police Department. Such rules and regulations shall not be in conflict with the EMPLOYER'S labor agreements or other existing City policies. ;Jk Page 1 of 6 Pages -l; TERMS & CONDITIONS OF EMPLOYMENT Page 2 of 6 Pages SECTION 1. DUTIES, continued D) The EMPLOYEE shall devote his entire time to the discharge of his official duties and not engage in outside employment; however, the term "outside employment" shall not be construed to include occasional teaching, writing, or consulting performed on the EMPLOYEE'S time off for public or non-profit entities (e.g., universities, colleges, police institutes). Such off duty requests shall be approved by the City Manager prior to the EMPLOYEE commencing same. SECTION 2. SALARY AND EVALUATION OF PERFORMANCE A) EMPLOYER shall pay EMPLOYEE for his services an annual salary of $101,781 (one hundred and one thousand, seven-hundred eighty-one dollars) payable in installments made at the same time as other department heads and supervisors are paid. EMPLOYEE agrees to accept such salary for his services. B) EMPLOYER agrees to review EMPLOYEE'S salary in the same manner as the salaries of other department directors are reviewed. C) In addition, within six (6) months after the effective date of this Agreement, EMPLOYER agrees to review the salary and other benefits of EMPLOYEE under this Agreement with a view of adjusting his compensation, consistent with the City Commission-approved compensation plan in effect at the time. D) Thereafter, beginning with the next review of all Department Heads and continuing annually thereafter, EMPLOYEE'S compensation plan shall be reviewed on an annual basis, as and when other Department Heads' salaries and benefits are reviewed in accordance with the same criteria employed for all of the Department Heads, as well as the degree to which EMPLOYEE'S annual evaluation indicates the EMPLOYEE is performing his duties and responsibilities and is achieving the Police Department's goals and objectives. The decision whether to increase the EMPLOYEE'S salary shall be at the sole discretion of the City Manager, consistent with the City Commission's approved compensation plan in effect at the time. -&- / ~ EMP. TERMS & CONDITIONS OF EMPLOYMENT Page 3 of 6 Pages SECTION 3. PERFORMANCE GOALS A) EMPLOYER shall provide an adequate opportunity for EMPLOYEE to discuss the evaluation with the EMPLOYER. B) Periodically, EMPLOYER and EMPLOYEE shall discuss such goals and performance objectives with one another and determine what is necessary for the proper operation of the City and for the attainment of the EMPLOYER'S goals and objectives. Such goals and objectives shall generally be attainable within the time limitations as specified and within the applicable existing operating and capital budgets and appropriations. SECTION 4. HOURS OF WORK The defined work week for the EMPLOYEE shall be as determined by the City Manager. SECTION 5. AUTOMOBILE EMPLOYEE shall have the unrestricted use of an automobile at all times during his employment as the Chief of Police. SECTION 6. VACATION. SICK AND MILITARY LEA VB EMPLOYEE has accrued and has credited to him vacation benefits and sick leave as a result of having been a police officer of the EMPLOYER. This credit shall be given to the EMPLOYEE, and any future vacation benefits and sick leave time shall be credited at the same rate and subject to the same conditions as similar management category employees of EMPLOYER, taking into consideration his prior employment with the City. SECTION 7. GROUP LIFE AND HEALTH INSURANCE During the course of employment, EMPLOYER agrees to continue to offer enrollment to EMPLOYEE of group life plans, occupational accidental death plan, medical plan, dental plan, and other such group benefits plans sponsored by the City of Miami Beach for its eligible employees and their eligible dependents. EMPLOYER and EMPLOYEE agree to contribute the EMPLOYER'S portion of premiums to group plans in which EMPLOYEE enrolls to the same extent as other department directors of the City of Miami Beach. OJ;( ~ ~ EMP. TERMS AND CONDITIONS OF EMPLOYMENT Page 4 of 6 Pages SECTION 8. RETIREMENT EMPLOYEE will continue to participate in the City's Policemen and Firemen Pension Plan. During the course of employment, EMPLOYEE shall be entitled to continue to participate in a deferred compensation plan approved by the City. EMPLOYEE shall be credited towards vesting in the retirement system for his full service from the beginning of his employment to present. SECTION 9. DUES AND SUBSCRIPTIONS EMPLOYER agrees to budget and to pay for reasonable professional dues and subscriptions of EMPLOYEE necessary for EMPLOYEE'S participation in national and state associations and organizations that the EMPLOYER agrees are necessary and desirable for both EMPLOYEE'S continued professional participation, growth, and advancement and for the good of the EMPLOYER. SECTION 10. PROFESSIONAL DEVELOPMENT A) EMPLOYER agrees to pay for the travel and subsistence expenses of EMPLOYEE for conferences, short courses, institutes, and seminars that the EMPLOYER agrees are necessary for both EMPLOYEE'S professional development and for the good of the EMPLOYER, to the extent that such expenses are approved by EMPLOYER in advance of being incurred. B) The foregoing expenses shall be paid as prescribed by City policies and standards, and will be afforded to EMPLOYEE to the same extent as such expenses are paid for other similar management employees of the City. SECTION 11. TERMINATION A) It is understood and agreed that the EMPLOYEE'S employment is at the will of the EMPLOYER. EMPLOYER may terminate EMPLOYEE'S employment with or without cause at any time. In all other respects, the provisions of this AGREEMENT shall terminate three (3) years after the effective date of this AGREEMENT. B) If the EMPLOYEE is terminated from the position of Chief of Police, the EMPLOYEE shall, subject to the City's Personnel Rules, be entitled to revert to the last position he held under Civil Service Rules of the City of Miami Beach in the Police Department. ,~ ~ TERMS AND CONDITIONS OF EMPLOYMENT Page 5 of 6 Pages C) If the City Manager elects to demote the EMPLOYEE for any reason he deems advisable during the EMPLOYEE'S tenure as Chief of Police, the EMPLOYEE will receive the following lump sum payment equal to. The difference in pay between the EMPLOYEE'S then current salary and the rank or the position within the Miami Beach Police Department that the EMPLOYEE is entitled to roll back into at that time, calculated for a six (6) month period. SECTION 12. INDEMNIFICATION EMPLOYER shall defend, save harmless and indemnify EMPLOYEE against any tort, professional liability claim or demand or other legal action, arising out of an alleged act or omission occurring in the scope of the performance of EMPLOYEE'S duties as Police Chief of the City of Miami Beach, such duties to include all obligations and commitments as articulated in this AGREEMENT, except for acts performed in bad faith with malicious purpose, or in an manner exhibiting wanton and wilful disregard of human rights, safety, or property. EMPLOYER may compromise and settle any such claim or suit in it discretion and pay the amount of any settlement or judgment rendered thereon; provided, however, that nothing herein shall obligate the EMPLOYER to pay the costs of defending any criminal action brought by any State or Federal authority. SECTION 13. DISABILITY If EMPLOYEE is permanently and totally disabled or is otherwise unable to perform employment duties because of sickness, accidents, injury or mental incapacity, he shall be entitled to all the benefits for which he would be eligible under the City's appropriate Pension Plan and he shall be credited for any accrued sick leave, vacation, and other accrued benefits to the same extent as other management employees and Civil Service employees of the City of Miami Beach. ;Ik {t. TERMS AND CONDITIONS OF EMPLOYMENT Page 6 of 6 Pages WITNESSES: EMPLOYER: CITY OF MIAMI BEACH ,lu ~~- [Jose Garcia-Pedrosa City Manager f ATTEST: Ro ~~ Pauk Robert Parcher City Clerk WITNESSES: EMPLOYEE: --:k2n~ ~ Richard Barreto Police Chief DRM:lsg FORM APPROVt~ 3Y~/- Date _~-#<r-