HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 01_01/07/2013 EMPL4YMENT AGREEMENT BETWEEN
CHRiSTOPHER L. ELG �
AND
THE VIL�AGE O�` T�QUES'I'A, FLOR�DA
TIYis Em}�Ioyn�ent Agr�ement is made and entered ir�tfl #tiis 31 st day of J�nuat y 2013, at
by and between the Village of Tequesta, Florida, a rnunicipal carpc�ration, hereinafter called the
"Village", and Christopher L. Elg, an individual, both of whom �,�nderstand as follows:
WHEREAS, the Vi�lage desires to employ the servic�s af Christopher L. Elg, as Chief of
Police fvr the Village o� Tequesta, as provided by appropriate statute and oxdinance sectians; and
1�VHEREAS, i# is tlie desire af the Village ta provic�e certain benefits and established
conditions of employment for Christopher L. Elg as set forth in this Employ�ent Agreement;
and
WHEREAS, Christopher L. Elg desires to accept employment as fhe Chief of Police for
the Village of Tee�uesta pursuant to the terms and canditions set forth in this Employment
Agreement.
NUW, THEREFQRE, in considcration of the mutual covenants hcrein contained, the
parties I�ereto agree as follo��s:
SECTI��� �, DUTIE�, CERTIFICATIpN�
A. The Village hereby a�rees to ernploy Christopher L. Elg as Police Chief for the
Village of Tequesta to perform the functions and duties specified there for in the Village Code of
Ordinances and state statutes and to perform sucii other legally permissible and proper duties and
fiinctions as tl�e �lillage Manag�r shaIl frotn time ta time assign.
B. Cliristopher L. EIg �hall renlain in the exclusive emplvy of fhe Village and shall
nu# became employed b� any other employer unIess resignation or ierminatian is effected as
provided in this Employment Agreenient, The prohibition against autside employment shall not
be construed to include occasional teaching, writing or consuItin,g performed on Christc�pher L.
Elg's time off. Hawever, in na e��ent shall Ghristopher L. Elg's outside emplayment interfere
�vith or otherwise hinder the perfarmance of his duties as Chief af Folice or retlect paorly upon
the nanne or reputation of the Village.
C. Cl�ristopher L. Elg sl�all eomplete the requirsd Equivalency of Training Course,
and obtain #he necessary Florida �tate Offieer Certification from FBLE as soon as possible, but
xn no event any later fllan 180 days from the effective date ofthis Employment Agreement
D. Ghristopher L. Elg shall be empIoyed on a Temparary Employment Authorization
"TEA" pursua�lt to Sec. 943.131, Fioridcr �tcr���tes, until he has cornpleted the training
requirements a�id obtained the certi�cation as set faz in Part B abave. Ghristopher L. Elg shal�
complete, as saon as possible, all Florida Department of Law Enforcement requirements,
1
inctuding but not li�nited to firearn�s t�aining, to obtain a TEA as set forth at F.A:G. Sec. 11B-
27.00213 attached hereto as Exhibit A.
SECTIiJN 2. TEItM / RENEWAL
A, This Ernployinent Agreen�ent shall be effective as of January 31st, 2013 and
shall remain in effect far a term of five (5) years. Nothing in this Employment Agreement shall
prevent, liniit or atherwise interfere with the right of �he Village Maaager to terminate the
ser��iees of Christopher L. Elg, without cause, at any time, subject only xo the provisions set forth
in Section 3 of tnis Eniployment A�reement. Likewis�, nothing in this Employment Agree�ent
shall pre�=ent, lin�it or otherrvise interfere with the righ� af Christopher L. Elg to resign at any
time �rom his positic��t v4titih th� VilIaDe, subject ta the provisians set forth in Section 3 of t�is
Emplo�rnzent Agreement.
B. This Enlployment Agreement may be r�newed for successive term� upon mutual
agreeinent of tl�e parties. In the event that either the Village Manager or Ghris#opher L. Elg does
nat desire ta renew this Employttient Agreement for a successive �erm, then the party that does
nat desire to renew shall send written notice to the other party a minimum of six month� prior to
tl�� expiration of this Ernploymei�t Agreement. Tlxis notice provision may be waived or modified
upon n�utual consent vf the Village Manager and Christopher L. Elg,
SECTI4N 3� T�RMINATI4N AF�iD SEVERANCE PAY
A, In the event Christopher L, E1g is terminated by the Village Manager after one
full year of employn�ent but before expiration of the aforesaid term Qf emplQyment for reasons
other tha�z misconduct as defined in Sec. 443.03b(30}, Florrda Statutes, and dezring such time that
Christopher L. Elg is wilting and ab�e to �erform ilie duties of Ghief of PQlice� tl�en and in that
event, the Village sha(1 pay Christopher L. Elg a lump sum cash gayment equal to twenty (20}
��eeks aggregate salary ("Severance Payment") and stiall continue Christopher L. Elg's health
insurance coverage as set farth in Section 8, either until Cluistopher L. Elg is re-emptoyed and
covered by another health insl�rance policy, ar up ta a maxirnum period of six-months
immediatel}r following termiaiation. �n the event Christopher L. Elg is re-emplayed during the
six-���ontli period i�nmediateiy foliovving termination, the Village's obligatic�n to continue health
insuranee benefits shall cease. Re-emplvyment, liotivever, will noi affect ChristQpI�er L. EIg
entitleinent to the Severance Payme�ii.
B. �n the event; ho��ever, ihat Christopher L. �lg is terminated by the Village
Mana�er for any reason prior to having eQmpleted one full year of employment, or at any time
thereafter for misconduct as defined in See. 443.036(30), Florida Stututes, then the Village shall
haue no abli�ation to �nake the Severance Payment or continue health insurance benefits
subsequ�nt io terminatian.
C, In the event c�f a dispute related to the ternunatic�n of Christopher L. EIg's
emplo��n�ent �«Fith the Villag�, the Severance Payment alang with any accrued vacation, sick.
lea�re and o#her aecrued bei�efts provided for or refezen+ced in this Employment Agreement shall
serve as liquidated damages and as the sale a�d exclusive remedy for a.�y �laim Chris#opher L.
2
Elg may have against the Village, its officers or xepresentatives, directly or indirectIy relating t�
his tenninatinn.
D. In the evene ChristQpher L. Elg �{oluntarily resigns his position with the Village
befare expiration of the term of this Employment Agreement, then Christopher L. E!g shall give
the Village six (6) months advance �vritten notice and shall reIinquish any and ail rights to the
Severance Payn�ent and health insurance payment provided for in Part A abave. Failure ta
prcavid� tlie requi�ite si� (6) months prior written notice shall result in ths forfeiture of payment
for of all sick leave accrued by Gi�ristopher L. Elg and there shatl be no payment whatsaever due
fo�r such accrued sick leave.
SECTIQN 4. SALARY
ChristQpher L. Elg's amlual salary is $118,OQ4.00, to be paid in equal installments at the
same time other en;ployees of tl�e Village are paid. Ghristopher L. Elg's annual salary shall be
increased faur pe�•cent (4%) each year Lmtil tl�e term of this Employment Agreement expires,
upc�n receipt of a successful annual perfornianee r�view by the Village Manager.
�ECTION 5. VACATIUN A,ND LEAVE
A. Christopher L. Elg shall accumulate fifteen (15) days of vacation annually. Any
leave taken by Christopher L. Elg in excess of eighty (80� consecutive hours shall require prior
approval of the Viliage Manager. Ui�used vacation days shal} accrue in accordance with Village
personnel policies. �
$. Iu addition to fifteen (15) days of vaeation, Christopher L. Elg shall accumulate
sia (6) perscanal days per contract year. Unused personal days shall not roll into subsequent
contract years.
C. If, at any tin�e duriug the term of this Agreen�ent Christopher L. Elg is required to
report for active inilitary service, tlie first 30 da��s of each such leave shall be with full pay in
accordance with 5ec. 115.1�, Flor•idn Stati�tes. In addition, the Viliage shall maintain all
insuranee benefits for Ghristo�her L. Elg at all times while Ghristapher L. Elg is on military
leave.
SECTI4N G. �UTt?iVIOSILE
Because en�pioymeiit requires tvrrenty-four (24j hour availability of a vehicle, the Village
shall pravide an automobile allo�vance tc� Christoplier L. Elg in the amount of $SOQ.00 per month
for use of Ghristopher L. Elg's persanai vehicle. This figure may be reviewed by the Village
Ma��ager periodically and adjusted according to the Bureau of Labor Statistics, Souilzeast
Regional Offiee Consiuner Price IndeY.
SECTION 7. FRQFESSIUNAL D�VELOPMENT
The Viltage agrees ta provid� Christopher L. Elg the usual and necessary funding
3
apglicahle for trav�l and subsistence necessary for Christopher L. Elg's prafessional
development and for the good of the Village. T�ie Village specifcally agrees to budget and to
pay for the tra��el and subsistence relating to attendance at the Int�rnatianal Assaciation Qf Chiefs
of Police Conference, and tl�e Florida Ghief s Assoeiatinn Conference, pursua�at to tl�e applicable
tra�Tel policies of the Village, if any, Absent any Village travel policy relative to same, such
travel and subsistence shall be reasonable as determined by the Village Manager.
SECTit)lti' $. INSURAY�CE
The Village agrees to prouide hospitalizatian, life, major medical and ather related
Insurance for C��ristc�pher L. Elg in accordance with the Village's personnel policies, and make
avaitable such cotiFerage far his d�pendents and to pay the premiums therean in a manner
coi��parable to tliat whicl� is provided for all other Village ernployees. In the alternative,
Christopher L. El� i�tay elect tQ opt aut of the Village's insurance plan and instead receive a
$50(�.00 n�onthfy insurance allowance. This electio�i must be made initially in conjunetion with
tl�e execution of i��is Emplo}Tment Agreen;ent.
SE�TIOI'� 9. JOB RELATED EXPEP�fSES
A. The Village shall provide Christopher L. Elg a$100,00 per month expense
allowance, p�yable on the first day of each n�oi�th, during his term of employmen# to pay for
cellular telepl�one expenses. Christophet� L. Elg shall not be entit�ed to reimbursement for any
cellular tel�phor�e exp�nses in excess of the �10f�AU per month expense aflou�ance. Entitlement
ta this cellular telephor�e expense allowance shall cease upon Christapher L. Elg's resignation or
temYination.
B. Tl�e Village recognizes that certain expenses of a n4n-personai and job reIated
nature, such attendance at local government meetings, job rela#ed publications, uniforms and lavv
enforcement equipment inclu�ting but not limited to firearms, etc. are necessazily incurred by
Christopher L, Elg in �ccordance with his ernployment as Ghief af Poli<;e. Therefore, Ch�riskopher
L. EIg shal( recei�=e a general expense atlawance of $204.00 per month, payable vn the first day
af eaci� 2nanth, during l�is terin of empl�yment to cover these and similar expenses. Christopher
L. Elg shall not be entitled to reimbursement for any expenses incurred over and above the
$200.00 per month expens� allowance. Entitlement to this general expense allowance shalt eease
upon Christopl�er L, Elg's resignation or termination. Uniforrn and law enfarcement equipment
shall be obtained in accardance with the Viilage's police department policies and procedures.
SECTIOI� 14. RETIREMEP�tT
In addition to the base salary and other benefits paid by the Village to Christopher L. Elg
as described in this Employ�nent Agreement, the Village affers Cl2r�stapher L. Elg the
opportunity to contribute up to S°!+� of his annual base salary into a 401A retirement ptan, with
th+e Village contribu�ing a mat�hing amaunt in equal proportionate instailments each pay period
up t� the maximi.un amount of 5% of Christopher L. Elg's annuat base salary. The Village will
transfer o�vnership af the accumulated assets of said 4(llA glan to Christopher L. Elg upon
Christopher L. Elg's resignation or termination af ernployment with the �lillage.
4
Nfltwithstandit�g this pro�isican. the r�aximum contribution to be paid by the Village under tl�is
section shall not exceed the �naximum allowed by law.
SECTION 11. OTHER TERMS AND CONDITIONS OF EMPLOYMENT
A. The Village shall pay Christopher L. Elg's moving expenses for relocating to
Palrn B�ach Cour�ty, Florida and for temporary housing in an amount not to exceed $$,f100.00.
Reit�cation casts under this sectit�t� shall be reir�ibursed ta Christopher L, Elg as one lump sur�n
upon e�ecution of this Etnptoyment Agreement. I� the event t�tat Christopher L. Eig volur�tari�y
resigi�s l�is posiiion with tl�e Village less than one 3�ear after the execu#ion of this Ernplayment
Agreement, then he shall reimburse the Village in the annount Qf $8,OQ0.04 for said moving
expej�ses.
B. Except as specifically provided herein, Christopher L. Elg shall be subject ta �Il
pro��isions of the Village Charter and Code, as well as regulations and ruIes of the ViIlage
relating to sick leave, retirement and pension system cantributions, holidays, and other fringe
benefits and working conditions as they now exist or hereafter may be amended.
C. If any pravisic�n or any portion ther�of contained in this Employment Agreernent
is l�eld to be unconstitutional, invalid ar unenfareeable, the remainder of this agreement or
portion thereaf shall be deemed severable and shall not be affected and shall remain in full force
and effect.
SECTIUN 12. C4P�fFLICTS 4F INTE1tE5T
Clu L. Elg shall not wifhout the express pr%or written approval of the Vi}Iage
Manager, individually, Qr as a par�ner, jaint venture, af#icer, shareholder or any other similar
positiox� of an}� kind 4r nature whatsoever, invest or participate in any business venture which
canducts or intends to conduct business within the corporate limits of the Viliage, except for
stnck ou�iersl�ip in any coinpany, tl�e capital stock of which is publicly held and regula.rly traded.
Except for purcl�ase of a personal residenee, Christopher L, Elg shall not own or invest in any
real property �Fithin the cdrporate limits of the Village, witI}out prior notificatian ta and advance
written approval by the Villa�e Mana��er, wl�ich approval may be withheId by the Village
Manager i.�1 �iis sc�le discretion. Cl�istop�i�r L. Elg is preclnded from engaging in any conduct
which creates an actual ar perceived couflict c�f Interest under applicable federal, state or local
law.
SECTION 13. MISCELLANEUUS PRQVISIQNS
A. This Ernployment Agreernent constitutes the entire understanding between the
parties regardi�zg issues relating to Christoph�er L, Eig's employment with the Village, and
supersedes any prior agreement Qr understandii�g, whether verbal ar written, �rhich may have
existed betti�een the parties. This Employment Agreement may nat be amended except in writing
and ��ith th� express a�proval of both parties.
B. In tlle event it shoulc� b�come ��ecessary for either party ta initiate ad�versariai
proceedings to enforce the terms of this Employment Agreement, #he prevailing party shall be
5
etititled to reco�er its reasonable attorney's fees incurrred in such efforts. Venue for any such
proceec�ing sl�all be in a cour� of carn}�eteiit jurisdiction in Palrn Beach County_
C. Christopher L. Elg ackno�vled;es that he has been afforded the opportuniiy and
encQUraged ta obtain the r•epresentatiQi� of legai caunsel in conx►ection with the drafting and
�x�cutiQn of this Seca�id Emplayn�en# A�reement. As such, no provision of this Employrnent
Agreernent sha11 be construed iti favor af or against either party by vi�e of draftsmanship.
IN WITNESS WHEREtI►F, the Village af Tequesta has caused this Employment
Agreement ta �e signed and exeGUted on its behaif by the Village Manager and duly attested by
its Village Glerk, and Ghristvpher L. Eig has si�ned and executed this Employment Agreement,
both in dupiicate, t��e day and year first above �vritten.
Viltage of Tequesta Christapher L. Elg
By: By: r� -f �- ,��:
I�Iietiael R. Cauzzo,lr. Chrisfiapher L. ��g
ATTEST: A'TTEST:
By: By;
Lari McWilliams, MMC Lori McWilliarns, MMC
Villa�e Glerk Viltage Glerk
6
I 11B-27.04213 Temparary Employment Authorization. A Certificate of Cpmpliance shafl not be issued to
2 afficers ernpl�yec� an a Teniporary Emplo�m�nt Authorizatian (TEA) pr[or to meeting tl�e requirements af Seetions
3 9�43, l3{l )- f 10j, F,S.
4 (1) A�"EA shall onlSi be iss�ed pursuant €o Section 94.i.131, F.S. I�dividuals hired an a TEA shall camply
5 �vith tlte �rearm� training pro�am established by Section 943.17(1)�a}, F.�.
fi (a) Pre-"�rainin� TEA. Indi�iduats employed or appointed on a pre-training TEA s(tall:
7 1. Segin a Commission-approved Basic Recruit Training Program within 180 days of being placed on a TEA;
8 2. Suecessfulfy complete eight hours of firearrns training, �vhich shall include demonstration of praficiency in
9 the presence of a Commission-certified firearms instructor,
10 3. Successfitlly co�npiete a Commission-approveci Sasic Recruit Training ProD am tivithin t8 months of
i l beginning the training program.
i2 4, Achieve a passiEtg score on the State �fficer Certification Examination (SOCE) within 18Q days from the
I3 dake that basic recruit training was completed.
14 5. To employ or appoint an individual on a TEA, �who has not completed a Commission-approved Basic
15 Recruit Training Frobram, the em�loyiub agency shall document cireumstanees for the cri�ical need to employ ar
16 appoint such individual or► a Temporaey �mplQyment A.uthorizatian Statement �onn C3STG-bS, �i�hic�i shall be
19 maintained in the officer's file at the emplaying ag�ncy.
1& (b) Post-training T�A. Individuals emplo��ed or appointed an a post-training TEA shalt:
19 l. Have completed a Cammission-approved Basic Recruit TraininD Frogram a�nd is waiting to take the next
20 scheduled SOCE.
21 2. Have ]&0 days fram the completion date of the Basic Recruit Training Program or eamn�encement of
2'� ernployment, whichever is later, ta achieve a passing score op the SOCE.
23 (c) A TEA shafl terminate if a basic recruit student fails to pass the Basic RecruiC Training Pro,�ram.
24 1, 1F a basic recruit student fails a eaurse in the Basic Recruit Traiiun; Pragram, the student shall be pennitted
25 to rernain on the TEA �vhile retaking the failed course; and
26 2. Shall be required to enroll in the next avaifable coarse to complete the Basic Recruit Training Frogram.
27 (2) An officer �mp[oyed an a TEA, shalt be ��ccused:from #he _fir�s training require�enT upon {�ta���nent-of
28 a state,ment-in the ot�icer's file at the emFtoying_agency. The �tatement sha(1 be signed by the agency adtninisfrafor
29 con�rming that the TEA-appoiated ot�icer shall'not be permitted'to carry a fvearm untit the following classroo�n
3U train4�g requirements have been fuif lied;
31 (a} Classroom Training;
1. RanQe Safe `Rules i Hour
2. Le 1 As ects vf Firearms 2;Ht�ues
3. Intrc�duction to Prima F Service Wea on 2 Hours
4� Cl�emical°A` en�s 1 Haur
S: Introdvctian to A1ter�ate Service V�lea on ����
Tpta1 Hi�urs 8 Hours
32 (b) Firearms Range Training. The #rainee's profeciency demons€ration `shall be ducumented on a CMS
33 Firearn�s Perf'ormance EYaivatiqn, form CJSTC-4 CMS, revised August 6, 2009, hereby incorporated by reference,
34 and maintained in the trainee's file at the employing aaency. Forrn C1STC-4 CMS can be obtained at the foilowing
35 FDLE I�ttemet address: http://www.fdie.state.fl.uslConteni/CJSTIPublications(Frofessionaiism
�5 Forms.aspx, or by contacting Commission staff at (85U) 41Q-8615. The instructor shall qualify the trainee with a
37 hand;un (revoiver or semi-automatic pistal) and long gun {shot�un ar semiautomatic riflelcarbine3 using the
38 Cammission's �asic Recruit Training Firearms Course of Fire, pursuant to form CJSTC-4 CMS, and the forrrt shall
39 be maintained in the trainee's fle at tlte employing a�ency. Trainees shaH fire a long gun as prescribed in the
40 Gommissioa-appraved Basic Recruit Trainin� Proa am.
�l
Ru le � 1 B-27.00213 I ��fect��e 6-3-10
Certi�cation and Empioyment or AppaiAtment:
Temporary Employment Authorization
42 (3) Th� Commission shall separate an officer from employment, through the Commission's ATMS, if the
43 officer's TEA exceeds 180 days withottt enrollment in a Commission-approved Basic Recruit Train'tng Peogram,
44 fails to complete a Commission-a�proved Basic Recruit Training Pragram within i 8 months, or the officer has
45 faited to achieve a passing score on ih� SOCE wi#hiR 18Q consecutive days afier successful completion of a Basic
46 Recruic Training Prograrn.
47 (�3) Agenciss appiying to temporarily employ or appoint an individual who has had a previous TEA registered
48 with the Commission in the same discipline, may do so only if:
�49 (a} The individual was previously certified as a fulJ-time or part-time officer; ar
5� (b) The individuat �vas previously hired on a TEA and has separated from the employing ageney or
Si discontinued trainin� while still in good standing, and has had a break-in-service from the tast e�npipyment for a
52 minimum of four years. Suci� individual shali comply with the firearms training requirements pursuant to Rule
53 1 iB-35.0024, F.A,C., and Section 943.17(1)(a), F.S., unless t&e agency administrator has waived such reguirements
54 in subsection (2) of this rule section, and shall enrall in a CommissiQn-approved Basic Recruit Training Pro�ram
55 �vithin I80 days of employment in the first training program offered in the geographie area, or in the first assigned
S6 state training pro�ram for a s#ate ofticer.
57 (5) Individuals empioyed on a TEA, pursuant to Se�tion 943.131, F.S., are subject to disciplirtary action by the
5$ Cominission.
59 Rutemaking Authority 943.Q3(4), 943,12(1} FS. Law Implemented 943.12(3), 9�3.13, 943.i3i, 943.133, 943.139,
60 94}.1395, 943,17(l)(a) FS. Histary New, 11-5-02. Amended 11-30-04, 3-27-U6, 6-9-�8, 9-28-09, G-3-IQ.
Rule tIB-2'1.OD213 2 .. E�eckive fi-3-1Q
Certiftcation and �inployment or Appointment:
Temporary Employment Authorization
Ruie t 1 B-2?A0213 � E#'�ective 6-3-10
Certi�cafion and Employment or Appointment;
Te�aorary Employment Authorization