HomeMy WebLinkAboutAgreement_General_01/07/2013 EMPLOYMENT AGREEMENT BETWEEN
CHRISTOPHER L. ELG
AND
THE VILLAGE OF TEQUESTA, FLORIDA
u
This Employment Agreement is made and entered into this l$ T ' day of January 2013, at
by and between the Village of Tequesta, Florida, a municipal corporation, hereinafter called the
"Village ", and Christopher L. Elg, an individual, both of whom understand as follows:
WHEREAS, the Village desires to employ the services of Christopher L. Elg, as Chief of
Police for the Village of Tequesta; as provided by appropriate statute and ordinance sections; and
WHEREAS, it is the desire of the Village to provide certain benefits and established
conditions of employment for Christopher L. Elg as set forth in this Employment Agreement;
and
WHEREAS, Christopher L. Elg desires to accept employment as the Chief of Police for
the Village of Tequesta pursuant to the terms and conditions set forth in this Employment
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties hereto agree as follows:
SECTION 1. DUTIES, CERTIFICATIONS
A. The Village hereby agrees to employ Christopher L. Elg as Police Chief for the
Village of Tequesta to perform the functions and duties specified there for in the Village Cade of
Ordinances and state statutes and to perform such other legally permissible and proper duties and
fiznctions as the Village Manager shall from time to time assign.
B. Christopher L. Elg shall remain in the exclusive employ of the Village and shall
not become employed by any other employer unless resignation or termination is effected as
provided in this Employment Agreement. The prohibition against outside employment shall not
be construed to include occasional teaching, writing or consulting performed on Christopher L.
Elg's time off. However, in no event shall Christopher L. Elg's outside employment interfere
with or otherwise hinder the performance of his duties as Chief of Police or reflect poorly upon
the name or reputation of the Village.
C. Christopher L. Elg shall complete the required Equivalency of Training Course,
and obtain the necessary Florida State Officer Certification from FDLE as soon as possible, but
in no event any later than 180 days from the effective date of this Employment Agreement
D. Christopher L. shall be employed on a Temporary Employment Authorization
"TEA" pursuant to Sec. 943.131, Florida Statutes, until he has completed the training
requirements and obtained the certification as set forth in Part B above. Christopher L. Elg shall
complete, as soon as possible, all Florida Department of Law Enforcement requirements,.
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including but not limited to firearms training, to obtain a TEA as set forth at F .A.C. Sec., I IB-
27.00213, attached hereto as Exhibit A.
SECTION 2. TERM/ RENEWAL
A. This Employment Agreement shall be effective as of.. ar .Iauz Z a_ " q� y � 2013 and
shall remain in effect for a term of five (5) years. Nothing in this Employment Agreement shall
prevent, limit or otherwise interfere with the right of the Village Manager to terminate the
services of Christopher L. Elg, without cause, at any time, subject only to the provisions set forth
in Section 3 of this Employment Agreement. Likewise, nothing in this Employment Agreement
shall prevent, limit or otherwise interfere with the right of Christopher L. EIg to resign at any
time from his position with the Village, subject to the provisions set forth in Section 3 of this
Employment Agreement.
B. This Employment Agreement may be renewed for successive terms upon mutual
agreement of the parties. In the event that either the Village Manager or Christopher L. EIg does
not desire to renew this Employment Agreement for a successive term, then the party that does
not desire to renew shall send written notice to the other party a minimum of six months prior to
the expiration of this Employment Agreement. This notice provision may be waived or modified
upon mutual consent of the Village Manager and Christopher L. Elg.
SECTION 3. TERMINATION AND SEVERANCE PAY
A. In the event Christopher L. EIg is terminated by the Village Manager after one
full year of employment but before expiration of the aforesaid term of employment for reasons
other than misconduct as defined in Sec. 443_036(30), Florida Statutes, and during such time that
Christopher L. Elg is willing and able to perform the duties of Chief of Police, then and in that
event, the Village shall pay Christopher L. EIg a lump sum cash payment equal to twenty (20)
weeks aggregate salary ( "Severance Payment "), and shall continue Christopher L. EIg's health
insurance coverage as set forth in Section 8, either until Christopher L. EIg is re- employed and
covered by another health insurance policy, or up to a maximum period of six-months
immediately following termination. In the event Christopher L. EIg is re- employed during the
six -month period immediately following termination, the Village's obligation to continue health .
insurance benefits shall cease. Re- employment, however, will not affect Christopher L. EIg
entitlement to the Severance Payment.
B. In the event, however, that Christopher L. EIg is terminated by the Village
Manager for any reason prior to having completed one full year of employment, or at any time
thereafter for misconduct as defined in Sec. 443.036(30), Florida Statutes, then the Village shall
have no obligation to make the Severance Payment or continue health insurance benefits
subsequent to termination.
C. In the event of a dispute related to the termination of Christopher L. Elg's
employment with the Village, the Severance Payment along with any accrued vacation, sick
leave and other accrued benefits provided for or referenced in this Employment Agreement shall
serve as liquidated damages and as the sole and exclusive remedy for any claim Christopher L.
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Elg may have against the Village, its officers or representatives, directly or indirectly relating to
his termination.
D. In the event Christopher L. EIg voluntarily resigns his position with the Village
before expiration of the term of this Employment Agreement, then Christopher L. EIg shall give
the Village six (6) months advance written notice and shall relinquish any and all rights to the
Severance Payment and health insurance payment provided for in Part A above. Failure to
provide the requisite six (6) months prior written notice shall result in the forfeiture of payment
for of all sick leave accrued by Christopher L. EIg and there shall be no payment whatsoever due
for such accrued sick leave.
SECTION 4. SALARY
Christopher L. Elg's annual salary is $118,000.00, to be paid in equal installments at the
same time other employees of the Village are paid, Christopher L. Eig's annual salary shall be
increased four percent (4 %) each year until the term of this. Employment Agreement expires,
upon receipt of a successful annual performance review by the Village Manager.
SECTION 5. VACATION AND LEAVE
A. Christopher L. Elg shall accumulate fifteen (15) days of vacation annually. Any
leave taken by Christopher L. EIg in excess of eighty (80) consecutive hours shall require prior
approval of the Village Manager. Unused vacation days shall accrue in accordance- with Village
personnel policies.
B. In addition to fifteen (15) days of vacation, Christopher L. EIg shall accumulate
six (6) personal days per contract year. Unused personal days shall not roll into subsequent
contract years.
C. If, at any time during the term of this Agreement Christopher L. Elg is required to
report for active military service, the first 30 days of each such leave shall be with full pay in
accordance with Sec. 1] 5.14, Florida Statutes. In addition, the Village shall maintain all
insurance benefits for Christopher L. EIg at all times while Christopher L. EIg is on military
leave.
SECTION 6. AUTOMOBILE
Because employment requires twenty -four (24) hour availability of a vehicle, the 'Village
shall provide an automobile allowance to Christopher L. EIg in the amount of $500.00 per month
for use of Christopher L. EIg's personal vehicle. This figure may be reviewed by the Village
Manager periodically and adjusted according to the Bureau of Labor Statistics, Southeast
Regional Office Consumer Price Index.
SECTION 7. PROFESSIONAL DEVELOPMENT
The Village agrees to provide Christopher L. Elg the usual and necessary funding
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applicable for travel and subsistence necessary for Christopher L. Elg's professional
development and for the good of the Village. The Village specifically agrees to budget and to
pay for the travel and subsistence relating to attendance at the International Association of Chiefs
of Police Conference, and the Florida Chief's Association Conference, pursuant to the applicable
travel 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.
SECTION 8. INSURANCE
The Village agrees to provide hospitalization, life, major medical and other related_
Insurance for Christopher L. Elg in ,accordance with the Village's personnel policies, and make
available such coverage for his dependents and to pay the premiums thereon in a manner
comparable to that which is provided for all other Village employees. In the alternative,
Christopher L. Elg may elect to opt out of the Village's insurance plan and instead receive a
$500.00 monthly insurance allowance. This election must be made initially in conjunction with
the execution of this Employment Agreement.
SECTION 9. JOB RELATED EXPENSES
A. The Village shall provide Christopher L. Elg a $100.00 per month expense
allowance, payable on the first day of each month, during his term of employment to pay for
cellular telephone expenses, Christopher L. Elg shall not be entitled to reimbursement for any
cellular telephone expenses in excess of the $100.00 per month expense allowance. Entitlement
to this cellular telephone expense allowance shall cease upon Christopher L. Elg's resignation or
termination.
B. The Village recognizes that certain expenses of a non - personal and job related
nature, such attendance at local government meetings, job related publications, uniforms and law
enforcement equipment including but not limited to firearms, etc. are necessarily incurred by
Christopher L. Elg in accordance with his employment as Chief of Police. Therefore, Christopher
L. Elg shall receive a general expense allowance of $200.00 per month, payable on the first day
of each month, during his term of employment 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 expense allowance. Entitlement to this general expense allowance shall cease
upon Christopher L. Elg's resignation or termination. Uniform and law enforcement equipment
shall be obtained in accordance with the Village's police department policies and procedures.
SECTION 10. RETIREMENT
In addition to the base salary and other benefits paid by the Village to Christopher L. EIg
as described in this Employment Agreement, the Village offers Christopher L. Elg the
opportunity to contribute up to 5 % of his annual base salary into a 401A retirement plan, with
the Village contributing a matching amount in equal proportionate installments each pay period
up to the maximum amount of 5% of Christopher L. Elg's annual base salary. The Village will
transfer ownership of the accumulated assets of said 401A plan to Christopher L. Elg upon.
Christopher L. Elg's resignation or termination of employment with the Village.
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Notwithstanding this provision, the maximum contribution to be paid by the Village under this
section shall not exceed the maximum 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
Palm Beach County, Florida and for temporary housing in an amount not to exceed $8,000.00.
Relocation costs under this section shall be reimbursed to Christopher L. Elg as one lump sum
upon execution of this Employment Agreement. In the event that Christopher L. EIg voluntarily
resigns his position with the Village less than one year after the execution of this Employment
Agreement, then he shall reimburse the Village in the amount of $8,000.00 for said moving
expenses.
B. Except as specifically provided herein, Christopher L. Elg shall be subject to all
provisions of the Village Charter and Code, as well as regulations and rules of the Village
relating to sick Ieave, retirement and pension system contributions, holidays, and other fringe
benefits and working conditions as they now exist or hereafter may be amended
C. If any provision or any portion thereof contained in this Employment Agreement
is held to be unconstitutional, invalid or unenforceable, the remainder of this agreement or
portion thereof shall be deemed severable and shall not be affected and shall remain in full force
and effect.
SECTION 12. CONFLICTS OF INTEREST
Christopher L. Elg shall not, without the express prior written approval of the Village
Manager, individually, or as a partner, joint venture, officer, shareholder or any other similar
position of any kind or nature whatsoever, invest or participate in any business venture which
conducts or intends to conduct business within the corporate limits of the Village, except for
stock ownership in any company, the capital stock of which is publicly held and regularly traded.
Except for purchase of a personal residence, Christopher L. Elg shall not own or invest in any
real property within the corporate limits of the Village, without prior notification to and advance
written approval by the Village Manager, which approval may be withheld by the Village
Manager in his sole discretion. Christopher L. Elg is precluded from engaging in any conduct
which creates an actual or perceived conflict of Interest under applicable federal, state or local
law.
SECTION 13. MISCELLANEOUS PROVISIONS
A. This Employment Agreement constitutes the entire understanding between the
parties regarding issues relating to Christopher L. Elg's employment with the Village, and
supersedes any prior agreement or understanding, whether verbal or written, which may have
existed between the parties. This Employment Agreement may not be amended except in writing
and with the express approval of both parties.
B. In the event it should become necessary for either party to initiate adversarial
proceedings to enforce the terms of this Employment Agreement, the prevailing party shall be
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entitled to recover its reasonable attorney's fees incurred in such efforts. Venue for any such
proceeding shall be in a court of competent jurisdiction in Palm Beach County.
C. Christopher L. Elg acknowledges that he has been afforded the opportunity and
encouraged to obtain the representation of legal counsel in connection with the drafting and
execution of this Second Employment Agreement. As such, no provision of this Employment
Agreement shall be construed in favor of or against either party by virtue of draftsmanship.
IN WITNESS WHEREOF, the Village of Tequesta has caused this Employment
Agreement to be signed and executed on its behalf by the Village Manager and duly attested by
its Village Clerk, and Christopher L. Elg has signed and executed this Employment Agreement,
both in duplicate, the day and year first above written.
Village of Tequesta Christoph L. Elg
G
By: By:
Michael R. Couzzo, Jr. C stopher L. El
ATTEST: t � ATTEST:
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1 10- 27.00213 Temporary Employment Authorization. A Certificate of Compliance shall not be issued to
2 officers employed on a Temporary Employment Authorization (TEA) prior to meeting the requirements of Sections
3 943.13(1) -(10), F.S.
4 (1) A TEA shall only be issued pursuant to Section 943.131, F.S. Individuals hired on a TEA shall comply
5 with the firearms training program established by Section 943.17(1)(a), F.S.
6 (a) Pre :. inittg TEA. Individuals employed or appointed on a pre- training TEA shall:
7 1. Begin a Commission - approved Basic Recruit Training Program within 180 days of being placed on a TEA;
8 2. Successfully complete eight hours of firearms training, which shall include demonstration of proficiency in
9 the presence of a Commission - certified firearms instructor.
10 3. Successfully complete a Commission- approved Basic Recruit Training Program within 18 months of
I 1 beginning the training program.
12 4. Achieve a passing score on the State Officer Certification Examination (SOCE) within 180 days from the
13 date 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 Program, the employing agency shall document circumstances for the critical need to employ or
16 appoint such individual on a Temporary Employment Authorization Statement form CJSTC -65, which shall be
17 maintained in the officer's file at the employing agency.
18 (b) Post - training TEA. Individuals employed or appointed on a post- training TEA shall:
19 1. Have completed a Commission- approved Basic Recruit Training Program and is waiting to take the next
20 scheduled SOLE.
21 2. Have 180 days from the completion date of the Basic Recruit Training Program or commence_ ment of
22 employment, whichever is later, to achieve a passing score on the SOLE.
23 (c) A TEA shall terminate if a basic recruit student fails to pass the Basic Recruit Training Program.
24 1. If a basic recruit student fails a course in the Basic Recruit Training Program, the student shall be permitted
25 to remain on the TEA while retaking the failed course; and
26 2. Shall be required to enroll in the next available course to complete the Basic Recruit Training Program.
27 (2) ? afficer.employed on a TEA- shall be excused from the ireatms; tratnang requ mint upon placetttent f
28 a stat
29 ement in the ofcer's f!e at the erlapoytng agency ".The statemen# shall be signed -- ft , the agcy adrnrltStrator
confirming that the.EA= appointed aflicerhall riot lie permuted to cariya fifear until`the: followng ilassirsoir}
30 tralitirig,requternenta havebeen fuiflle_d;
31 (a) :Classroom.Training
=1; Kan a 'Rotes 1 Hour
Z Ise `<' ects.of Fueaftns Hours
3 It4tisducton to T?rima, 'ServicexWe on "Ours
4 i�Itemicat A . ;'erlts 1 H6ux
5; Ip4rgduct<on #o ,Alternate Seraice Wea , n
2 Nvurs
Total Hues 8`.Hours
32 (b) Firearms Range Training. The :trainee's proficiency 'derrtonsira#ton s1a11, be ticicurrleiited,.on a' C'IS
33 )firearms Pefortnarice )valuatic?n; furnt CJTC- 4:G1v1, revised August 6, 2009, hereby incorporated by reference,
34 and maintained in the trainee's file at the employing agency. Form CJSTC4 CMS can be obtained at the following
35 FDLE Internet address: http://www.fdle.s'tate.fl.us/Content/CJST/ Publications /Professionalismf- Program
36 Forms.aspx, or by contacting Commission staff at (850) 410 -8615. The instructor shall qualify the trainee with a
37 handgun (revolver or semi - automatic pistol) and long gun (shotgun or semiautomatic rifle/carbine) using the
38 Commission's Basic Recruit Training Firearms Course of Fire, pursuant to form CJSTC-4 CMS, and the form shall
39 be maintained in the trainee's file at the employing agency. Trainees shall fire a long gun as prescribed in the
40 Commission - approved Basic Recruit Training Program.
41 --
Rule 118- 27.00213 I Effective 6 -3 -10
Certification and Employment or Appointment:
Temporary Employment Authorization
42 (3) The Commission shall separate an officer from employment, through the Commission's AIMS, if the
43 officer's TEA exceeds 180 days without enrollment in a Commission- approved Basic Recruit Training Program,
44 fails to complete a Commission - approved Basic Recruit Training Program within 18 months, or the officer has
45 failed to achieve a passing score on the SOCE within 180 consecutive days after successful completion of a Basic
46 Recruit Training Program.
47 (4) Agencies applying 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 full -time or part -time officer•, or
50 (b) The individual was previously hired on a TEA and has separated from the employing agency or
51 discontinued training while still in good standing, and has had a break -in- service from the last employment for a
52 minimum of four years. Such individual shall comply with the firearms training requirements pursuant to Rule
53 11B- 35.0024, F.A.C., and Section 943.17(t)(a), F.S., unless the agency administrator has waived such requirements
54 in subsection (2) of this rule section, and shall enroll in a Commission - approved Basic. Recruit Training Program
55 within 180 days of employment in the first program offered in the geographic area, or in the first assigned
56 state training program for a state officer.
57 (5) individuals employed on a TEA, pursuant to Section 943.131, F.S., are subject to disciplinary action by the
58 Commission.
59 Rulemaking Authority 943.03(4), 943.12(1) FS. Law Implemented 943.12(3), 943.13, 943.131, 943.133, 943.139,
60 943.1395, 943.17(1 )(a) FS. History—New, 11 -5 -02. Amended 11-30-04,3-27-06,6-9-08,9-28-09,6-3-10.
Rule 11B- 27.00213 2 Effective 6 -3-10
Certification and Employment or Appointment:
Temporary Employment Authorization
k
J '
EMPLOYMENT AGREEMENT
INSURANCE PROGRAM ELECTION
Pursuant to Section 8 of that certain Employment Agreement between Christopher L. Elg and the
Village of Tequesta, Florida, Christopher L. Elg hereby makes his election regarding participation in the
Village's health insurance program:
I hereby elect to participate in the Village's health insurance program which includes
hospitalization, life, major medical and other related insurance for me and my dependants as may be
provided by the Village for its employees in accordance with Village of Tequesta personnel policies.
V I hereby elect to opt out of participation in the Village's health insurance program as described
above and in Section 8 of the Employment Agreement, and instead accept a $500.00 monthly insurance
allowance with which I agree to obtain my own health insurance coverage. It is agreed and understood that
this election also affects Section 3A of the Employment Agreement by providing for an insurance
allowance in accordance with the terms of this election, as opposed to providing actual insurance coverage,
until I am re- employed, or up to a maximum of six months immediately following termination, whichever
occurs first.
I understand and agree that this election shall continue throughout the term of my employment pursuant to
the Employment Agreement and may only be changed during a Village employee open enrollment period,
or upon the occurrence of an eligible qualifying event. If this election is changed at any time during the
term of my employment pursuant to the Employment Agreement, then the Village may simultaneously
re -open the Employment Agreement for the purposes of re- negotiating benefits currently provided for in
Sections 6, 7, and/or 9 thereof.
IN WITNESS WHEREOF, Christopher L. Elg has signed and executed this Insurance Program
Election, in duplicate, on this re day of January, 2013, which shall be appended to the Employment
Agreement.
C topher L. Elg
By:
Ch#stopher L. E