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HomeMy WebLinkAboutReso 2026-4101RESOLUTION NO. 2026 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SEPARATION AGREEMENT WITH STANLEY E. MORRIS; ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE ACTING CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 29, 2026, City Manager Stanley E. Morris tendered his resignation pursuant to Section 10(C) of his employment Agreement; and WHEREAS, on September 29, 2026, the City Commission accepted Stanley E. Morris' resignation with an effective date of November 19, 2026; and WHEREAS, the City Commission wishes to approve a Separation Agreement with Stanley E. Morris, attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Separation Agreement. The City Commission hereby approves a Separation Agreement with Stanley E. Morris, attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of Acting City Manager. The Acting City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. fi kyo � �e t,,TIEST• Maurici Be' @ BCL@ E8153 BO B PASSED AND ADOPTED this 15th day of ctober,� 2026. Larisa Svechin, Mayor , CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Alain E. B eau, City Attorney Nabors, Giblin & Nickerson, P.A. Page 1 of 2 486 Moved by:� DLftHk Seconded by: lce W M V IWAZRA 1. Vote: Mayor Svechin Yes) (No) Vice Mayor Viscarra es) (No) Commissioner Joseph Yes) (No) Commissioner Lama (Yes) o) Commissioner Stuyvesant (Yes) (No) @BCL@E8153BOB Page 2 of 2 487 SEPARATION AGREEMENT This Separation Agreement ("Agreement") is entered into by Stanley E. Morris (hereinafter referred to as "Employee") and the City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160 (hereinafter referred to as "City"), and collectively the `Parties." WHEREAS, Employee serves as City Manager pursuant to the Employment Agreement approved by Resolution No. 2021-3271 on December 6, 2021 ("Employment Agreement"); and WHEREAS, at a Special Meeting of the City Commission held on September 29, 2026, the City Commission requested Employee's resignation, and Employee agreed to resign from the City effective November 19, 2026, contingent upon receipt of Employee's agreed severance and accrued leave payments; and WHEREAS, the City Commission accepted the resignation on those conditions and placed Employee on paid administrative leave through November 19, 2026; and WHEREAS, following additional negotiations during the October 15, 2026 City Commission Meeting, the Parties agreed to revised terms governing Employee's separation from the City and desire to enter into this Agreement to resolve all matters relating to Employee's separation from the City, including the payment of severance and accrued leave due to Employee. NOW, THEREFORE, in consideration of the mutual promises contained herein and other legally sufficient consideration expressly identified below, the Parties agree as follows: 1. Recitals. The foregoing recitals are incorporated into this Agreement. 2. Resignation and Separation Date. The City accepts Employee's resignation, effective at the close of business on October 16, 2026 ("Separation Date"), as an asked -for resignation under Section 10(C) of the Employment Agreement and the City Commission's motion to accept his resignation. Employee confirms that he is willing and able to perform his duties. His employment ends on the Separation Date, subject to this Agreement becoming effective as provided in Section 18. 3. Administrative Leave. Employee shall remain on administrative leave through the revised Separation Date of October 16, 2026. During this period, Employee shall continue to receive his regular salary, benefits, allowances, and retirement contributions, and shall continue to accrue leave and credited service for retirement purposes, in accordance with the Employment Agreement and the City's usual payroll practices. Employee shall not exercise City Manager authority, direct employees, 4927-2931-1449, v. 1 with Florida's Government -in -the -Sunshine Law, section 286.011, Florida Statutes, or Florida's Public Records Law, Chapter 119, Florida Statutes. 8. Return of City Property and Records. Parties acknowledge and agree that Employee has returned all of the City property in his possession or control. Employee shall preserve and deliver all public records maintained on his personal devices or accounts and shall not destroy or alter those records. 9. No Reemployment. Employee agrees not to apply for or seek reemployment with the City in any capacity. The City shall have no obligation to consider an application made in violation of this provision, subject to applicable law. 10. Employment Reference. The City agrees to provide Employee with a neutral employment reference confirming his dates of employment, position held, and separation by resignation, in accordance with City policies. Nothing in this provision limits disclosures required by law or the City's obligations under Chapter 119, Florida Statutes. 11. Release of Claims by Employee. In consideration of the City's agreement to provide the employment reference, which Employee is not otherwise entitled to receive under the Employment Agreement or applicable law, Employee knowingly and voluntarily releases and forever discharges the City and its current and former elected officials, officers, employees, agents, attorneys, and insurers from all legally waivable claims, demands, causes of action, damages, and liabilities,. known or unknown, that Employee has or may have relating to his employment or separation and based on acts or omissions occurring on or before the date he signs this Agreement. This release includes legally waivable contract, tort, constitutional, discrimination, and retaliation claims, including claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act ("ADEA"), the Older Workers Benefit Protection Act, the Florida Civil Rights Act, Florida and federal whistle -blower laws, including § 112.3187, Florida Statutes, and any other federal, state, or local civil or human rights law or any other federal, state, or local law, regulation or ordinance. This release does not include claims to enforce this Agreement, claims arising after Employee signs it, vested retirement rights, existing defense or indemnification rights for employment -related acts or claims that cannot lawfully be waived. Nothing prohibits the Employee from filing a charge of discrimination, reporting suspected violations, communicating with a governmental agency, or participating in an investigation or proceeding. Any waiver of individual monetary recovery applies only to the extent permitted by law and does not waive any nonwaivable award or remedy. No City release of claims against Employee is granted by this Agreement. 4927-2931-1449, v. 1 Agreement. If material revisions are made to that offer, the consideration period shall restart unless the Parties agree otherwise as permitted by law. Employee may voluntarily sign before the period expires, provided his decision is knowing and voluntary and is not induced by fraud, misrepresentation, a threat to withdraw or alter the offer before the period expires, or preferential terms for early signing. Early signing does not waive the seven-day revocation period described in Section 17. 17. Revocation. Employee may revoke this Agreement within seven (7) calendar days after signing it by delivering written notice to Susan Simpson, Acting City Manager, at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 or by email to ssimpson@sibfl.net. Notice must be received by that contact before the seven-day period expires. This revocation period cannot be waived. If Employee timely revokes, this Agreement shall not become effective; and, the Parties' preexisting rights and obligations under the Employment Agreement and the City Commission's prior action shall remain subject to their terms and applicable law. 18. Commission Approval and Effective Date. This Agreement is not final or binding unless approved by the City Commission at a duly noticed public meeting and executed by the Parties. Except as expressly modified by this Agreement, nothing herein diminishes obligations independently owed under the Employment Agreement or applicable law. 19. No Admission of Liability. This Agreement resolves disputed or potential matters and is not an admission of unlawful conduct or liability by either party. 20. Governing Law and Venue. Florida law governs this Agreement. Any action concerning its interpretation or enforcement shall be brought in a court of competent jurisdiction in Miami -Dade County, Florida. Each party shall bear its own attorney's fees and costs except as otherwise required by law or expressly agreed in writing. 21. Entire Agreement and Surviving Obligations. This Agreement constitutes the entire agreement concerning Employee's separation and supersedes inconsistent provisions of the Employment Agreement only to the extent expressly addressed herein. Existing vested rights and obligations expressly preserved herein survive. No amendment is effective unless in writing, approved by the City Commission, and executed with the same formality as this Agreement. 22. Severability and Protected Challenqes. If a provision is held unenforceable, the remaining provisions shall remain effective to the extent permitted by law. Nothing requires Employee to repay consideration or incur a penalty merely for challenging the validity of an ADEA waiver or exercising a nonwaivable right. 23. Notices. Notices shall be delivered personally, by certified mail, or by email to the following designated contacts: 4927-2931-1449, v. 1 IN WITNESS WHEREOF, the Parties hereto knowingly and voluntarily executed this Agreement as of the date set forth below. CITY 4F ISLES BEACH, FLORIDA By: Larisa Svechin, Mayor A -I't' elk, R. Approv t rM City Attorney EMPLOYEE Manley E. Morris Date: 1� City Clerk and legal Sufficiency for the City only. 4W264W4M, v. 2 n, �r of r"J hrY� City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners FROM: Susan Simpson, Acting City Manager DATE: October 15, 2026 RE: Separation Agreement with Stanley E. Morris RECOMMENDATION: °This item is presented for your consideration. REASONS: At the Special City Commission Meeting held on Tuesday, September 29, 2026, a majority of the City Commission requested the resignation of City Manager Stan Morris under Section 10 (c) of his employment agreement. Mr. Morris agreed to resign effective November 19, 2026, contingent upon payment of his severance as provided in his employment agreement and accrued leave. The attached Separation Agreement, drafted by Janice Rustin, Esquire, of Lewis Longman & Walker, P.A. in accordance with the agreed upon terms of the September 29th meeting, has been sent to Mr. Morris for his review and consideration. Pursuant to Section 16 of the agreement and by operation of law, M r. Morris has 21 days to consider the agreement. In accordance with Section 18, this agreement is not final or binding unless approved by the City Commission at a public meeting. In anticipation of Mr. Morris accepting this agreement as drafted, it is before you for consideration. Should Mr. Morris wish to modify the terms of the agreement, he will need to negotiate directly with the City Commission. ADDITIONAL INFORMATION: Pursuant to the Agreement, amounts to be paid will be as follows: • Accrued Vacation: $17,934.81 • Accrued Sick Leave: $42,819.54 • Accrued Personal Time: $8,775.44 Item Number: 9.Q 484 • Severance Pay (20 weeks as per contract): $109,692.96 FUNDING SOURCE: Funding for this Item will require a budget amendment for FY 2026-2027 to be submitted at a future meeting. ATTACHMENTS: Resolution Separation Agreement - Stanley E. Morris Item Number: 9.Q 485