R23-140 1 RESOLUTION NO. R23-140
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPOINTING SHAWNA G. LAMB AS CITY
5 ATTORNEY OF THE CITY OF BOYNTON BEACH, FLORIDA
6 AND AUTHORIZING AND DIRECTING THE MAYOR TO
7 SIGN THE EMPLOYMENT AGREEMENT ON BEHALF OF
8 THE CITY WITH SHAWNA G. LAMB, AND PROVIDING
9 AN EFFECTIVE DATE.
10
11 WHEREAS, the City desires to employ the services of Shawna G. Lamb as City Attorney
12 of the City of Boynton Beach, Florida, as provided in Article II, Section 22 of the City Charter of
13 Boynton Beach, Florida; and
14 WHEREAS, it is the desire of the City Commission to provide certain benefits and
15 requirements regarding the employment of Shawna Lamb by the City; and
16 WHEREAS, Shawna G. Lamb wishes to accept employment as City Attorney of the City
17 of Boynton Beach, Florida, under the terms and conditions mutually agreed upon; and
18 WHEREAS,the City Commission of the City of Boynton Beach Florida deems it to be in
19 the best interest of the citizens and residents of the City to appoint Shawna G. Lamb as City
20 Attorney and authorize the Mayor to sign the Employment Agreement.
21 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
22 BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption.
25 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
26 appoint Shawna G. Lamb, as City Attorney of the City of Boynton Beach, Florida and directs the
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S:\CA\RESO\Appoint Shawna Lamb City Attorney And Approve Agreement-Reso.Docx
27 Mayor to sign the Employment Agreement on behalf of the City of Boynton Beach with Shawna
28 G. Lamb,a copy of said Agreement being attached hereto and incorporated herein by reference
29 as Exhibit "A".
30 Section 3. That this Resolution shall become effective immediately.
31 PASSED AND ADOPTED this 3rd day of October, 2023.
32 CITY OF BOYNTON BEACH, FLORIDA
33
34 YES NO
35 7
36 Mayor—Ty Penserga
37
38 Vice Mayor—Thomas Turkin /
39 ✓
40 Commissioner—Angela Cruz
41
42 Commissioner—Woodrow L. Hay
43
44 Commissioner—Aimee Kelley
45 q—C31
46 VOTE
47
48
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50 A ST:
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53 Mayle7P Jesus, MPA, MMC Ty Pen ilia
54 City Cl- Mayo•
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59C'"P 5 ; i David N. Tolces
60 �$i!5:• \�5 A •:Q-i Interim City Attorney
2
S:\CA\RESO\Appoint Shawna Lamb City Attorney And Approve Agreement-Reso.Docx
EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this �� day of October 2023, by and between the City of
Boynton Beach, Florida, a municipal corporation ("CITY"), and Shawna G. Lamb ("CITY ATTORNEY"), pursuant to
these terms and conditions:
WITNESSETH:
WHEREAS, the City Commission ("COMMISSION"), pursuant to the City Charter and Code of Ordinances,
has the power of appointment of the City Attorney; and,
WHEREAS, the COMMISSION has determined that Shawna G. Lamb shall be appointed to serve as City
Attorney subject to the following terms and conditions; and
WHEREAS, Shawna G. Lamb wishes to accept appointment as City Attorney under the terms and
conditions recited herein.
NOW, THEREFORE, the COMMISSION, acting on behalf of and for the benefit of the CITY, and CITY
ATTORNEY, agree as follows:
1.0 Duties
1.1 CITY ATTORNEY shall perform the functions and duties pursuant to Article II,Section 23 of the City
Charter and other legally permissible and proper duties and functions as required of the officeor
as directed by the COMMISSION.
1.2 CITY ATTORNEY agrees to perform the duties of CITY ATTORNEY with care, diligence, skill, and
expertise.
2.0 Salary
2.1 CITY will pay CITY ATTORNEY an annualized base salary of Two Hundred Five Thousand Dollars
[$205,000.00], payable in equal bi-weekly payments, paid at the same time that other managerial
level employees of the CITY are paid.
2.2 CITY will pay CITY ATTORNEY cost of living increases to be paid at the same time that other
managerial level employees of the CITY are paid.
3.0 Performance Review.
3.1 The COMMISSION will provide the CITY ATTORNEY with a performance evaluation after the first
six months of employment and thereafter no less than annually, utilizing a process,form,criteria,
and format for the evaluation, which shall be agreed upon by the members of theCOMMISSION.
3.2 In conjunction with any review of performance, the COMMISSION may increase the base salary
and/or other benefits of CITY ATTORNEY in such amounts and to such extent as the COMMISSION
may determine is proper.
Appointment Agreement—Shawna G.Lamb
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4.0 Terms of Appointment
4.1 This Agreement commences October 23,2023.
4.2 The CITY ATTORNEY serves at the pleasure of the City Commission,and therefore,the appointment
has no fixed term.
4.3 Nothing in this Agreement shall limit the right of the COMMISSION to terminate the appointment
of CITY ATTORNEY at any time, subject only to the provisions set forth in Section 5.0 of this
Agreement.
4.4 Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the CITY
ATTORNEY to resign at any time from her position with the CITY,subject only to the provisions set
forth in Section 5.0 of this Agreement.
5.0 Termination Conditions and Pay
5.1 This Agreement shall terminate:
5.1.1 By mutual agreement of CITY ATTORNEY and the CITY.
5.1.2 By the CITY COMMISSION's unilateral termination of CITY ATTORNEY.
5.1.3 Death of CITY ATTORNEY.
5.1.4 Resignation of CITY ATTORNEY.
5.1.5 Amendment of the City Charter or Code of Ordinances pertaining to the role, powers,
duties, authority, and responsibilities of the CITY ATTORNEY's position that substantially
changes the authority of the CITY ATTORNEY, in which case,the CITY ATTORNEY shall have
the right to declare that such amendments constitute unilateral City termination in the
same manner as 5.1.2 above.
6.0 Rights and Obligations Upon Unilateral Termination by CITY.
6.1 Unilateral termination shall be by vote by the COMMISSION and need not reflect performance-
related reasons. In the event of a termination for misconduct as defined by section 443.036(29)(a)
or (b), Florida Statutes (2023), the CITY ATTORNEY shall not receive severance pay. If this
Agreement is terminated by unilateral action by the CITY other than for misconduct, CITY
ATTORNEY shall be entitled to:
6.1.1 Unpaid base salary through the effective date of the termination.
6.1.2 Severance pay equal to twenty [20] weeks of CITY ATTORNEY's base Salary pursuant to
Section 2 of this Agreement, as may be adjusted from time to time (less all applicable
deductions and withholdings).
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6.1.3 In the event of a conflict between the severance benefit terms of this agreement and
the limitation on severance benefits as provided in s. 215.425, Florida Statutes, the
provisions of the statute shall prevail
6.1.4 Reimbursement for as-yet unreimbursed expenses pursuant to this Agreement.
6.1.5 One hundred percent [100%] of all earned and accrued vacation leave.
6.1.6 Fifty percent [50%] of all earned and accrued sick leave.
7.0 Rights and Obligations Upon Termination by Mutual Agreement.
7.1. Unpaid base salary through the effective date of the termination.
7.2 Reimbursement for as-yet unreimbursed expenses pursuant to this Agreement.
7.3 One hundred percent [100%] of all earned and accrued vacation leave.
7.4 Fifty percent [50%] of all earned and accrued sick leave.
8.0 Rights and Obligations Upon Termination Due to Disability or Death.
8.1. If this Agreement terminates due to CITY ATTORNEY's disability or death, CITY ATTORNEY or her
guardian or personal representative shall be entitled to the following compensation and benefits:
8.1.1 Base salary to date of death or last day of work if disability.
8.1.2 Reimbursement for as-yet unreimbursed business expenses pursuant to this Agreement.
8.1.3 Fifty percent [50%] of earned and accrued sick leave and one hundred percent [100%] of
vacation leave.
8.1.4 Life and/or disability benefits, if applicable.
8.1.5 Accrued deferred compensation.
8.1.6 In the event of any disagreement or dispute regarding to whom payment shall be made,
the CITY may rely on a court order or in the absence of an order, may interplead the
payment with a court of proper jurisdiction.
9.0. Rights and Obligations Upon Termination Due to Resignation.
9.1. If this Agreement terminates due to CITY ATTORNEY's resignation, CITY ATTORNEY shall be
entitled only to the following compensation and benefits:
9.1.1 Base salary through the date of resignation or such other date as mutually agreed to
between CITY ATTORNEY and the CITY.
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9.1.2 Reimbursement for as-yet unreimbursed expenses pursuant to this Agreement.
9.1.3 Fifty percent [50%] of earned and accrued sick leave and one hundred percent [100%] of
vacation leave.
9.1.4 Accrued deferred compensation.
9.2. A resignation shall be submitted in writing to the COMMISSION through the City Clerk and shall
provide for an actual resignation date no fewer than thirty [30] days following the date of notice
of resignation.The COMMISSION may establish an earlier separation date, but compensation and
benefits shall accrue through the full thirty [30]days.
10.0 Automobile
10.1. The CITY shall provide use of a vehicle to the CITY ATTORNEY,which shall be used for business and
unlimited personal use. The vehicle shall be suitable for conducting City business and of
comparable quality to vehicles purchased for or assigned to the City Manager. The CITY shall be
responsible for paying for liability, property damage, and comprehensive insurance, and for the
purchase (or lease), operation, maintenance, repair, and regular maintenance of a take-home
automobile.
11.0 Additional Benefits.
11.1 The CITY will pay the premiums for employee group medical, dental, and vision insurance for the
CITY ATTORNEY and her dependents. Each January, the CITY will also fund the CITY ATTORNEY'S
health savings account to the IRS maximum family contribution amount.
11.2 The CITY will pay the premiums for CITY ATTORNEY'S group short-term and long-term disability
insurance.
11.3 CITY shall pay for and provide the CITY ATTORNEY with term life insurance in the amount of Three
Hundred Forty Thousand Dollars[$340,000.00]. The City will not be responsible for policy renewal
after the date of termination of appointment.
11.4 CITY will pay an amount equal to the IRS maximum allowable contribution,which does not include
the IRS maximum allowable for "catch up" provisions upon eligibility, into the CITY ATTORNEY'S
deferred compensation account in equal proportionate amounts each pay period.
11.5 The CITY ATTORNEY is entitled to participate in the CITY's pension plan at the same rate as other
managerial level employees of the CITY.
11.6 CITY ATTORNEY will accumulate vacation leave and may cash out leave as provided under the rules
and regulations for other managerial employees of the CITY.
11.7 CITY ATTORNEY will accumulate sick leave and may cash out leave as provided under the rules
and regulations for other managerial employees of the CITY.
11.8 The CITY will pay for the CITY ATTORNEY's Florida Bar membership dues and any continuing
education courses required to maintain the CITY ATTORNEY'S Bar MemberAspOtArkuterrietnoimpt Agtvna G. Lamb
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to exceed two thousand dollars [$2,000], per calendar year.
11.9 The CITY will pay for the registration, travel, and subsistence expenses of the CITY ATTORNEY for
professional and official travel and meetings to continue the professional development of the CITY
ATTORNEY and to pursue necessary official and other functions for the CITY.
11.10 The CITY will pay for the registration, travel, and subsistence expenses of the CITY ATTORNEY for
short courses, institutes, and seminars that are necessary for this professional development and
the good of the CITY.
11.11 The CITY will pay for the professional dues and subscriptions of CITY ATTORNEY necessary for her
continuation and full participation in national, regional, state,and local associations, civic groups,
committees, and organizations necessary and desirable for her continued professional
participation,growth and advancement, and for the good of the CITY.
12.0 Reimbursable Business Expenses
12.1 CITY will reimburse CITY ATTORNEY for all business-related expenses upon presentation to the
Finance Director of duly executed expense vouchers, receipts, statement, or personal affidavits.
13.0 Outside Activities
13.1 Recognizing that certain teaching opportunities provide indirect benefits to the CITY and the
community, with prior City Commission approval,the CITY ATTORNEY may elect to accept limited
teaching, with the understanding that such arrangements must neither constitute interference
with nor a conflict of interest with her responsibilities under this Agreement.
14.0 Indemnification
14.1 CITY shall defend, hold harmless from, and indemnify CITY ATTORNEY against any tort,
professional liability claim, demand, or other legal action, whether groundless or otherwise,
arising out of an alleged act or omission occurring in the performance of CITY ATTORNEY's duties
as CITY ATTORNEY in accordance with the provisions of Sections 111.07 and 111.071, Florida
Statutes. CITY shall either compromise and settle any claim or suit or pay the amount of any
judgment against CITY ATTORNEY rendered thereon, if not compromised and settled.
14.2 CITY reserves the right to select,appoint,retain,and discharge legal counsel necessary to provide
the foregoing defense.
15.0 Bonding
15.1 CITY shall bear the full cost of any fidelity, professional liability insurance, or other bonds
required of the CITY ATTORNEY under any law or ordinance.
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16.0 Other Terms and Conditions of Appointment
16.1 The CITY has appropriated funds of the CITY in an amount sufficient to fund and pay all financial
obligations of the CITY ATTORNEY pursuant to this Agreement, including but not limited to the
Severance and other benefits set forth above.
16.2 The COMMISSION, in consultation with the CITY ATTORNEY, shall fix such other terms and
conditions of appointment, as it may determine from time to time, relating to the performance
of CITY ATTORNEY, provided such terms and conditions are not inconsistent with or in conflict
with the provisions of the Agreement, the City Charter or any other law but no subsequent
agreement that would modify monetary benefits is binding on the parties unless reduced to
writing and approved and signed with the same formalities as this Agreement.
16.3 The CITY ATTORNEY will be required to work on premises five (5) days a week or four (4) days a
week with one (1) day working remotely. The CITY ATTORNEY shall dedicate herself to the tasks
necessary to effectively and efficiently manage the affairs of the CITY.
16.4 The CITY will provide the CITY ATTORNEY with a laptop computer, cellular phone or phone
allowance, or other similar electronic devices suitable for on and offsite business use.
17.0 Binding Effect
17.1 The Agreement shall be binding on the CITY and CITY ATTORNEY and the successors, assigns,and
heirs of each, respectively.
17.2 The effective date of the Agreement shall be the date it is last signed by either the CITY or the
CITY ATTORNEY.
End of Agreement-Signature Page Follows
Appointment Agreement—Shawna G. Lamb
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IN WITNESS WHEREOF,the parties sign and execute this Agreement.
CITY OF BOYNTON BEACH, FLORIDA
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Witness
CITY TTORNEY
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Witness Shawna G. Lamb q�/n��'�2
Dated: /015 /W3
Witness
Ap•roved as • Form A ST:
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David N.Tolces Mayle: De -sus,MMC
Interim City Attorney City Clerk
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Appointment Agreement—Shawna G.Lamb
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