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KEITH W. DAVIS
ATTORNEY AT LAW
Board Certifted in City, Coinity �nd Lvcal Goverrunent Lnw
MEMORANDUM
TO: Mayor Brennan, Vice Mayor Arena, Council Members D'Ambra, Okun and
Paterno
CC: Manager Couzzo, Clerk McWilliams
FROM: Attorney Davis
DATE: November 30, 2015
RE: Agenda Item — First Reading of Ordinance 25-15; Interim Firefighter
Employment Agreements
The following describes in detail the above referenced agenda item:
As requested by the Village Manager and the Fire Chief, the proposed ordinance would
authorize the Village manager to execute employment agreements for interim firefighters
without prior Village Council approval. This proposed code change is made in order to
improve efficiency in the hiring of interim firefighters, and to reduce payment of overtime
between the time an interim firefighter is needed and the date that an actual employment
agreement is approved and executed by the Village Council.
The typical interim firefighter agreement contains a three (3) year term, but provides for "at
will" service, allowing the interim firefighter to be terminated at any time. Compensation for
said individuals is at the prevailing minimum wage. Interim firefighters are typically provided
vacation and sick leave, as well as insurance benefits, in accordance with Village policy for
non-unionized employees. No retirement benefits are afforded to these individuals.
ORDINANCE NO. _
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING SECTION
2.81 AT CHAPTER 2. ADMINISTRATION. OF THE CODE OF
ORDINANCES, VILLAGE OF TEQUESTA, FLORIDA TO
AUTHORIZE THE VILLAGE MANAGER TO EXECUTE
INTERIM FIREFIGHTER CONTRACTS WITHOUT PRIOR
VILLAGE COUNCIL APPROVAL; PROVIDING THAT EVERY
OTHER SECTION AND SUBSECTION OF CHAPTER Z SHALL
REMAIN IN FULL EFFECT AS PREVIOUSLY ADDOPTED;
PROVIDING A CONFLICT CLAUSE, A SEVERABILITY
CLAUSE, AUTHORITY TO CODIFY, AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, section 2.81(c) of the Code of Ordinances, Village of Tequesta, Florida
authorizes the Village Manager to sign contracts in the amount of $25,000 without prior approval
of the Village Council; and
WHEREAS, the Village Council desires to further authorize the Village Manager to
execute interim firefighter c�ntracts without prior Village Council approval, in order to provide
for more expedient hiring ability and in order to save overtime expenses currently incurred
between the need for an interim firefighter and the execution of an interim firefighter employ-
ment agreement by the Village Council; and
WHEREAS, the Village Council believes the following amendment to the Code of
Ordinances, Village of Tequesta, Florida will serve the best interest of the Village and its
residents.
NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA
THAT:
Section 1. Section 2-81 of the Code of Ordinances, Village of Tequesta, Florida, is
hereby amended to read as follows:
(a) Generally. The village manager shall generally be vested with the authority and
duties as set forth in Section 3.03 of the Village Charter.
(b) Ex officio responsibilities. The village manager may assume ex o�icio, the duties
of department head for any department under his jurisdiction with the exception
of the police department, the fire department and the public safety department, if
any„- in the event that a separate departrnent head is not employed in that capacity.
(c) Contracts. The village manager is authorized to sign contracts in the m�imum
amount of $25,000.00, as well as emnlovment a�:reements for interim firefighters
without prior village council approval.
Section 2: Each and every other section and subsection of Chapter 2. Administration.
sha11 remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 4: Should any section or provision of this ordinance, any paragraph, sen-
tence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder of this ordinance.
Section 5: Specific authority is granted to codify and incorporate this ordinance into
the existing Code of Ordinances of the Village of Tequesta, Florida.
Section 6: This ardinance shall take effect immediately upon adoption.
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