Mark E. Berman, City Attorney presented the item, pursuant to the City Commission’s direction to negotiate an employment agreement for the City Manager’s position with Gregory P. Harrison.  This provides for a five (5) year agreement.  Set forth in the agreement are the severance, salary, automobile, and vacation, which are the standards that the City has followed in the past.  The remuneration is below what the current City Manager is making, as well as it is below the average in Broward County.   

Tom Terwilliger, 3160 NW 1st Avenue, Pompano Beach, indicated at the last City Commission meeting, there was discussion regarding the potential employment of Mr. Harrison, but the Commission had left it opened to conduct a search for someone else. 

Mayor Fisher corrected Mr. Terwilliger’ s statement that the City Commission did not agree that they would be offering it to anyone else.  In answer to Mr. Terwilliger’s question for the reason of a second reading rather than a first, there was not enough time to advertise.  Consequently, the second reading will be heard tonight and the first reading will be heard in two weeks’ time when the contract will be ratified.

Comr. Hardin stated that he looks forward to Mr. Harrison doing a great job in the City of Pompano Beach.

Comr. Moss, Vice Mayor Burrie and Mayor Fisher concurred with Comr. Hardin.

Comr. Sobel indicated that the $192,500 salary is too low and explained his reasons for the comment.  Nevertheless, he stated that the City should be seeking an opportunity to attract the best and the brightest.  The average pay for a City Manager in Broward County is $225,000.  In fact, cities in other states of similar size as the City of Pompano Beach pay their City Manager on an average $300,000 or more.  In this particular area and position, it behooves the City to put out an expenditure for the City Manager that would attract all kinds of other options.

Nonetheless, Comr. Sobel mentioned that having worked with Mr. Harrison in a short time; he has grown to know how amazing he is as a City Manager/Assistant City Manager.  He is impressed with his abilities to handle certain matters and his diverse resume and background.  Therefore, he suggested now would be a good time to put the position out for a public search.  He said that because of the way Mr. Harrison is being hired, whether through expediency or a lack of opportunity for public notice or input, does a disservice to him and the residents in the City of Pompano Beach.  Comr. Sobel said he wanted to make it clear that Mr. Harrison is eminently qualified to be in the position. However, when it comes to the best interest of the residents of the City, he believes that the City should increase the salary range by at least $50,000 to $242,500 and put it out for a public search, which would take a month or two to advertise and interview.  This would not jeopardize Mr. Harrison’s ability to serve in the position or to be a leading candidate for the position.

In sum, Comr. Sobel stated that transparency is the key to good government and the Commission owes it to Mr. Harrison and the residents to put the position out for a public search.  He opined that there are some unique nuances that need to be addressed because this matter should not have taken place under reports at the “dark of night” after a very long Commission meeting. This will be problematic in the future, if the Commission does not rectify the situation now.

In conclusion, Comr. Sobel suggested that the Commission should increase the salary of the position to something consistent with other cities of similar size, budget, and requirements.  Also, that a public search should be done while Mr. Harrison continues to do the excellent job he is doing as Acting City Manager.  He opined that there is no downside and the City would get the best of both worlds. 

Comr. Sobel moved for a motion to consider clarifying the contract terms as to specific responsibilities that are limited with the CRA, increase the potential contract amount, and put out the maximum amount to attract the best and the brightest.

Mayor Fisher indicated that the motion appears to be a bit ambiguous and requested that Comr. Sobel allow for comments on some of the points he spoke on earlier within the motion.  Mayor Fisher thanked Mr. Berman for negotiating a good contract, which was similar to the one used with City Manager Beach.  In fact, he is saving taxpayers’ dollars regarding the position. 

Mayor Fisher indicated that two of the commissioners have not been in office long enough to work with Mr. Harrison in seeing the vision created and what will be done.  Mayor Fisher explained the general process, which has always been that under reports any commissioner or the mayor can talk about things, and if support is gained then it would move on to the agenda. This was what happened in this instance.  The item is now on the Agenda for the public to be transparent and will be able to speak.  Therefore, there will be two opportunities for the public to participate in the discussion one (1) tonight and the other two (2) weeks later.  So, there has not been any type of shady or trying to do anything behind closed doors to warrant comments such as “Things were done in the wee hours of the morning” and “the public did not have a chance to talk about it.”

Finally, Mayor Fisher indicated that the contract is for five (5) years with a termination clause; therefore, if the Commission feels Mr. Harrison is not doing his duties there is the right to terminate after six (6) months.  He noted that the Commission has always been transparent and he has given everyone the last word to speak on any item they wish to do.  However, everyone has an opinion and has the freedom to voice it at the meetings.

Comr. Hardin stated that the City has a great candidate in Mr. Harrison. Nevertheless, he agrees with the Mayor that Comr. Sobel is entitled to his opinion, which he respects.  However, no one was cut out of the discussion but as the Mayor explained earlier this is the process to include two hearing.

In sum, Comr. Hardin indicated that the City has a good qualified candidate who is willing to continue with the Commission’s vision set forward.  Therefore, for the sake of the continuity of the City, and the momentum currently going, he thinks hiring from within, to take Mr. Harrison and promote him to full City Manager status, is the right thing to do.  However, if Mr. Harrison does not do a good job and it does not work out, the Commission, as representatives of the people, can elect to fire him.  Notwithstanding, Mr. Harrison is a good candidate and the Commission should move forward with it, which he hopes his fellow commissioners would agree.

Vice Mayor Burrie noted that the Commission has used a number of national searches prior to Mr. Beach.  In fact, through one of these searches, they identified a good City Manager who did not turn out to be such a good City Manager for the City.  Again, a national search was used for the City Attorney when the prior City Attorney left; however, the Commission selected to promote from within and Mark Berman was selected as City Attorney, which she was happy with the selection.  Vice Mayor Burrie explained that to overlook someone in such a high authority and to bring someone else to take the position that the person was doing a good job, contributes to morale degrading among other things. Mr. Harrison has proved to be a great leader who can get the job done and is an asset to the City of Pompano Beach.  If the salary is increased and then put out to bid, then she agrees with Comr. Hardin that you will get the best, and the Commission will be interviewing persons who do not know anything about the City.  The momentum is moving forward with the CRA and progressing with the City.  Therefore, to hire someone from outside the City at this time would be a detriment to the people.

An extensive debate followed among the members of the commission regarding the various opinions expressed on this issue and the process in place to handle this type of matter, as well as the validity of promoting from within versus going out for a national search.

Comr. Perkins indicated that she had considered doing a one (1) year contract but was surprised that a five (5) year contract has been negotiated for approval.  She also expressed that she has been working with Mr. Harrison since November and is still uncomfortable with his lack of response to some of the requests she has made.  She mentioned that all districts should be treated the same by the City Manager and felt that she has not been treated the same as the other district commissioners in getting results from Mr. Harrison.  Nevertheless, she is open and willing to ensure that the relationship is improved and that she does take the concerns of her district seriously and would want the City Manager to do the same.

Comr. Sobel clarified his motion made earlier by stating, that the City put out for a public search for potential candidates within a given price range for City Manager and that in the process of the search the City Commission appoint Mr. Harrison as Acting City Manager. 

MOTION was made by Commissioner Sobel, seconded by Commissioner Perkins.  There were 4 Nos and 2 Yes, therefore, the motion FAILED.

Mr. Berman advised that the motion that was on the floor should be amended and voted on and then an amended motion can be voted on.  In sum, a motion was made therefore, a motion should be made to amend and if approved then state the new motion and vote on it.  The other option is to rescind the motion and make a new motion at this point.

Mayor Fisher repeated that there is a main motion on the floor to approve the contract.  However, there is a subsidiary motion to disapprove the contract and go out for a public search

Mayor Fisher pointed out that the first reading will be heard in two weeks for the public to understand that the item will return for the City Commission’s discussion.

Comr. Hardin hopes in two weeks the vote would be unanimous.