JUNE 16, 2020 SPECIAL SESSION MINUTES ,` aB '
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 16, 2020
Mayor Dyer called to order the SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Chamber, Tuesday,June 16, 2020, at 1:00 P.M.
Council Members Present:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
2
CALL TO ORDER
ITEM#70356
Mayor Dyer read the Mayor's Call for the SPECIAL FORMAL SESSION MEETING:
June 15, 2020
"HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in
me as Mayor of the City of Virginia Beach,I hereby call for a SPECIAL FORMAL SESSION
MEETING of the VIRGINIA BEACH CITY COUNCIL to CONVENE A CLOSED
MEETING TO DISCUSS APPOINTMENT OF A NEW CITY MANAGER and then
immediately afterwards in open session to and VOTE ON THE APPOINTMENT OFA NEW
CITY MANAGER on A CONTRACT FOR THE NEW CITY MANAGER to be held:
Tuesday,June 16, at 1:00 P.M.
City Council Chambers
City Hall
2401 Courthouse Drive
This special meeting is an addition to the regularly scheduled meeting. The regularly
scheduled meeting, which was previously scheduled to begin at 1 p.m. with the City Manager's
Briefings, will instead begin after the special meeting.
Sincerely,
s/
Robert M. Dyer
Mayor"
Cc: City Manager
City Attorney
City Clerk
Deputy City Managers
FOIA Officer
Communications Office
June 16, 2020
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ITEM#70357
Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PERSONNEL MATTERS: Discussion, consideration, or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees of any public body
pursuant to Section 2.2-3711(A)(1)
• City Manager Appointment
June 16, 2020
4
ITEM#70357
(Continued)
Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council voted to
proceed into CLOSED SESSION at 1:02 P.M.
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
Closed Session 1:02 P.M. —1:19 P.M.
June 16, 2020
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CERTIFICATION
ITEM#70358
Mayor Dyer RECONVENED the Special Formal Session at 1:19 P.M.
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
June 16, 2020
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RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the
affirmative vote recorded in ITEM#70358 Page 5 and in accordance with the provisions of The Virginia
Freedom of Information Act;and,
WHEREAS:Section 2.2-3712 ofthe Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
AA11
Amanda B.rnes, MMC
City Clerk June 16, 2020
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RESOLUTION
ITEM#70359
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED
Resolution APPOINTING Patrick Duhaney as City Manager
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer,
Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy
K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina
D. Wooten
Council Members Absent:
None
June 16, 2020
REQUESTED BY CITY COUNCIL
1 A RESOLUTION APPOINTING PATRICK DUHANEY AS
2 CITY MANAGER
3
4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA, THAT:
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7 Pursuant to § 4.01 of the City Charter, Patrick Duhaney is hereby appointed as the
8 City Manager, effective July 20, 2020.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 t h day of
June , 2020.
APPROVED AS TO
LEGAL SUFFICIENCY:
City Attorney's Office
CA15096
R-1
June 15, 2020
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ORDINANCE
ITEM#70360
Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council ADOPTED
Ordinance APPROVING an employment contract for the City Manager
Voting: 9-2
Council Members Voting Aye:
Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis
R.Jones,Aaron R. Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor
James L. Wood and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley
John D. Moss
Council Members Absent:
None
June 16, 2020
REQUESTED BY CITY COUNCIL
1 AN ORDINANCE APPROVING AN EMPLOYMENT
2 CONTRACT FOR THE CITY MANAGER
3
4 WHEREAS, the City Council has appointed Patrick Duhaney as the new City
5 Manager.
6
7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA, THAT:
9
10 The employment contract between the City of Virginia Beach and the City
11 Manager, for the term of July 20, 2020 to July 19, 2022, attached hereto, is approved,
12 and the Mayor is authorized to execute the contract on behalf of the City.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of
June , 2020.
APPROVED AS TO
LEGAL SUFFICIENCY:
tkNX-
b
City Attorney's Office
CA15095
R-1
June 15, 2020
EMPLOYMENT AGREEMENT
This Agreement is entered into this day of , 2020 by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, hereinafter
referred to as "City" and Patrick Duhaney, hereinafter referred to as"Employee."
WITNESSETH
WHEREAS, the City wishes to hire Employee as its City Manager;
WHEREAS, Employee agrees to accept such employment; and
WHEREAS, the parties hereto desire to set forth herein the terms and conditions of such
continued employment.
NOW, THEREFORE, for and in consideration of the mutual covenants and obligations set
forth herein and other good and valuable consideration, the parties hereto agree as follows:
Article I—Duties
(a) Employee shall perform the functions and duties of the position of City Manager in
accordance with the provisions of the Charter of the City of Virginia Beach and all other applicable
statutes and ordinances.
(b) Employee shall perform such functions and duties in accordance with the policy
and direction of the City Council.
(c) Employee shall also perform any other legally permissible duties or functions as
the City Council may deem appropriate to assign him at any time during the term hereof.
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Article II—Term of Agreement
(a) Except as otherwise provided herein,this Agreement shall commence July 20,2020
and end July 19, 2022,unless extended by mutual agreement of the City and Employee.
(b) Except as provided by Article III,below, during the term hereof, Employee agrees
to remain in the exclusive employ of the City.
(c) Nothing herein shall be deemed to limit in any way the authority of City Council to
terminate Employee at any time; provided, however that such termination shall be in accordance
with the provisions of Article III,below.
(d) Nothing herein shall be deemed to limit the right of Employee to voluntarily resign;
provided, however, that such resignation shall be in accordance with Article III,below.
Article III—Termination and Resignation: Severance Pay
(a) In the event Employee is terminated by the City before the expiration of the term
of this Agreement,he shall receive as severance pay an amount equal to twelve(12)
months of his annual gross salary. In addition, City shall pay the total cost of
COBRA continuation coverage for a period not to exceed nine months or until such
time as Employee secures alternative employment providing employer-provided
health benefits,whichever is earlier. Employee shall also be entitled to payment of
all leave accrued as of the date termination in accordance with existing City policy.
Except as provided in this paragraph, all other benefits shall cease as of the date of
termination. However, if Employee is terminated for misfeasance, malfeasance, or
nonfeasance in office, all compensation by the City shall end as of the date of
termination
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(b) If Employee voluntarily resigns, then all compensation and benefits shall cease as
of the effective date of such resignation. Employee shall give the City ninety (90) days written
notice of any such resignation; provided, however, it is expressly understood that City Council
may, in its sole discretion waive any or all of this ninety(90) day notice requirement.
(c) In the event the City, at any time during the employment of Employee, reduces the
salary or other fringe benefits of Employee by a percentage greater than the percentage of any
across-the-board reduction for all City employees, or refuses to comply with any other provisions
of the Agreement benefiting Employee, or in the event Employee resigns following the request of
a majority of the members of City Council that he resign; then Employee may, at his option, be
deemed to have been "terminated", and shall receive severance pay and benefits in accordance
with Article III(a) of this Agreement.
Article IV—Compensation
This Agreement contemplates that the salary and benefits set forth herein may be adjusted
by City Council annually,by ordinance.
City Council agrees to pay Employee for services rendered pursuant hereto an annual gross
salary of two hundred and seventy thousand dollars($270,000),payable in installments at the same
time and in the same manner as other City employees are paid. Such annual gross salary will be
increased annually by ordinance in an amount no less than the average increase for all other City
employees for the corresponding fiscal year unless Employee has received an unsatisfactory
performance evaluation.
In addition to the annual gross salary described above, the City agrees to contribute an
amount equal to 6 percent of Employee's salary, not to exceed the maximum permissible annual
3
contribution for which Employee is eligible, as announced by the Internal Revenue Services for
each calendar year, distributed equally over the annual biweekly payroll cycle per year as deferred
compensation, for the benefit of Employee, to the International City Management Retirement
Corporation. This amount may be adjusted by City Council annually,by ordinance.
Article V—Automobile Allowance
In lieu of supplying a City-owned vehicle for use by Employee in conducting City business,
City agrees to pay Employee a car allowance as additional salary in the sum of seven hundred and
fifty Dollars($750)per month and in addition,Employee shall be reimbursed for business mileage
at the same rate at which other City employees are reimbursed. Said sum for car allowance may
be increased from time to time by action of the City Council. In consideration thereof, Employee
shall provide his own vehicle and shall be solely responsible for all fuel, maintenance, insurance,
and other expenses related thereto. This allowance amount may be adjusted by City Council
annually,by ordinance.
Article VI—Temporary Housing and Moving Expenses
Employee shall be required to establish residency within the City of Virginia Beach. City
will reimburse the actual cost of temporary housing in an amount of up to $12,000 to Employee
until permanent housing can be secured. In addition, the City will pay for usual and customary
moving expenses for Employee to relocate to Virginia Beach. Employee will adhere to City
guidelines for payment of moving expenses.
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Article VII—Fringe Benefits
(a) In addition to the Compensation set forth in Article IV and the Automobile
Allowance set forth in Article V, the City agrees to provide the same hospitalization and medical
insurance, including dental and vision coverage, available to all City employees in accordance
with existing City policies and ordinances to the same extent as other City employees. Employee
shall pay any premium or other cost associated with participation in these benefit programs on the
same terms as all other City employees. Nothing herein shall be construed to prevent changes in
the nature of such benefits to Employee should such benefits be subsequently altered for all other
City employees.
(b) Except as set forth in this Article VII, Employee shall receive fringe benefits such
as paid time off ("PTO"), life insurance, hospitalization and medical insurance, Virginia
Retirement System benefits, etc. in accordance with existing City policies and ordinances as
applicable to all other City employees. Nothing herein shall be constructed to prevent changes in
the nature of such benefits to Employee should such benefits be subsequently altered for all other
City employees. Employee shall be credited with 15 days PTO on the first day of employment and
then accrue PTO at the maximum rate allowed City employees under the City Code. Employee
shall also receive 40 hours of executive leave annually.
Article VIII—Hours of Employment
It is recognized that the nature of Employee's position requires flexible hours. Therefore,
Employee in consideration of his compensation shall work whatever hours are necessary to
satisfactorily perform the functions and duties of City Manager.
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Article IX—Dues and Subscriptions
City agrees to pay professional dues and subscriptions of Employee necessary for its
membership and participation in national,regional, state, and local associations and organizations
of a job-related nature(including the International City and County Management Association)and
for travel and associated expenses of Employer to secure his attendance at professional meetings
and conferences, as budgeted and approved by the City Council.
Article X—General Business-Related Expenses
Except as specifically provided in Articles V and VIII, the City agrees to reimburse
Employee for job-related expenditures in accordance with existing City policy.
Article XI—Other Terms and Conditions of Employment
(a) The City agrees to evaluate the performance of Employee after six months of
employment and thereafter at least once each year. All aspects of such evaluation shall be treated
confidentially by the City and Employee subject to the provisions of the Freedom of Information
Act.
(b) The City Council may at any time prescribe any other terms and conditions of
employment related to Employee's performance as City Manager as it may deem necessary,
provided such terms and conditions are not inconsistent with the specific provisions of this
Agreement.
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(c) City agrees to provide self-insurance coverage and legal counsel for Employee in
matters relating to his official duties within the scope of his employment,as is provided to all other
City employees.
(d) All provisions of state or city law or policy relating to terms and conditions of
municipal employment generally as they now exist or may hereafter be amended shall apply to
Employee; provided however, that should any such law or policy be so changed as to be
inconsistent with the terms hereof, this Agreement shall be deemed amended so as to comply with
such law or policy.
(e) The text herein shall constitute the entire Agreement between the parties and shall
only be amended by a writing executed by both parties.
(f) If any provision hereof shall be deemed unlawful, invalid, ultra vires, or otherwise
unenforceable,the remainder of the Agreement shall be deemed severable and shall remain in full
force and effect.
(g) This Agreement supersedes any other agreement between the parties.
IN WITNESS WHEREOF, the City of Virginia Beach has caused this Agreement to be
executed on its behalf by its mayor in accordance with an ordinance of the City Council authorizing
such execution, and Employee, Patrick Duhaney, has executed this Agreement, both the day and
year first above written.
CITY OF VIRGINIA BEACH
BY
Mayor
BY
Patrick Duhaney
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8
ADJOURNMENT
ITEM#70361
Mayor Robert M. Dyer DECLARED the City Council SPECIAL FORMAL MEETING ADJOURNED
at 1:32 P.M.
' s
Chief Deputy City Clerk
A d e , MC Robert M. Dyer
City Clerk Mayor
June 16, 2020