EMPLOYMENT CONTRACT

THIS AGREEMENT entered into this

day of

Deegn 6&,~

, 2014, by and

between the City of Fort Myers, Florida, hereinafter referred to as the "CITY" and Douglas E.
Baker, hereinafter referred to as "BAKER".
WITNESSETH:
WHEREAS, the CITY desires the services of BAKER as its Chief of Police for the City of
Fort Myers Police Department, and BAKER desires to provide services to the CITY as its Chief
of Police for the City of Fort Myers, for the term of this Agreement and upon the terms and

conditions hereinafter described:

NOW, THEREFORE, the parties agree as follows:
SECTION 1: EMPLOYMENT OF DOUGLAS E. BAKER AS CHIEF OF POLICE
(1.1) Employment of the Chief of Police, Douglas E. Baker. The CITY shall employ
BAKER as Chief of Police and BAKER shall provide services to the CITY subject to the terms
and conditions of this Agreement.
(1.2) Term of Agreement and Effective Date of Employment. This Agreement is effective
on the 1 st day of January, 2015, and shall remain in effect for three (3) years from said date.
(1.3) Duties and Responsibilities. BAKER shall perform such duties and responsibilities
as are required of him pursuant to the Charter of the City of Fort Myers, Florida, the Code of
Ordinances of the City of Fort Myers, Florida, approved resolutions by the City Council, and all
applicable local, state and federal laws or regulations.

EMPLOYMENT CONTRACT - DOUGLAS E. BAKER

SECTION 2: COMPENSATION AND PERFORMANCE OBJECTIVES
(2.1) Salary. The CITY agrees to pay BAKER for his services rendered an annual base
salary of $136,756.00 payable in equal biweekly installments.
The CITY MANAGER will reevaluate BAKER's base salary at the end of his first twelve
(12) months of employment and every twelve (12) months thereafter. The CITY MANAGER
agrees to increase BAKER's base salary and/or benefits in such amounts and to such an extent that
the CITY MANAGER may determine that it is desirable to do so on the basis of an annual
performance review to be held on the anniversary of BAKER's hiring date. The CITY MANAGER
reserves the right to not increase salary or benefits.
At least once each year, the CITY MANAGER shall utilize the City Annual Evaluation
Process for the purpose of review and evaluation of your performance as Chief of Police. Said
review and evaluation shall be in accordance with the CITY's performance evaluation policy and
the performance requirements set in the Chief of Police Employment Agreement.
(2.2) City Manager's Performance Requirements. The Chief of Police is responsible to
administer and manage the Fort Myers Police Department in a manner consistent with CITY
policies as prescribed by the CITY MANAGER, to include:
a.

Maintain current strategic plan for the Fort Myers Police Department.

b.

Review goals within the strategic plan to enhance, maintain and increase
community relations and involvement while reducing; specifically, violent crime
in the CITY.

C.

Reduce violent crime 7% annually.

d.

Increase homicide clearance rate 7% annually.

e.

Provide homicide investigations training annually to personnel assigned to perform

the homicide investigations function and those personnel who support the function.
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EMPLOYMENT CONTRACT - DOUGLAS E. BAKER

f.

Maintain Commission for Florida Law Enforcement Accreditation (CFA) for the
duration of the contract.

g.

Maintain Commission on Accreditation for Law Enforcement Agencies (CALEA)

for the duration of this employment contract.

(2.3) Other Benefits. Upon commencement of services to the CITY as Chief of Police
under this Contract, all sick leave time accrued by BAKER during the proceeding contract will
roll over and additionally BAKER shall continue to accrue sick leave at the rate of 3.69 hours per
biweekly pay period (four weeks annually/95.54 hours per year) under this Contract.
Upon commencement of employment as the Chief of Police under this Contract, all
vacation leave time accrued by BAKER during the proceeding contract will roll over and
additionally BAKER shall continue to accrue vacation leave at the rate of 9.23 hours per biweekly
pay period (six weeks annually/240 hours per year) under this Contract.
As Chief of Police, BAKER shall also be entitled to holidays as any other CITY employee.
Under the CITY MANAGER's policy, department directors are ineligible for
compensatory time. Accordingly, the job of a department director inherently requires more than
forty (40) hours per week to perform.
(2.4) Vehicle, Business Communication Devices and Clothing Allowance.

a.

The CITY agrees to pay for and provide you, as the Chief of Police, with the use of
a motor vehicle for business and personal use.

b.

The CITY agrees to pay for and provide you, as Chief of Police, with either a
cellular telephone or a CITY stipend for business and reasonable personal use.

C.

The CITY agrees to provide you, as the Chief of Police, with an annual clothing
allowance of $2,000 paid every six (6) months.

EMPLOYMENT CONTRACT - DOUGLAS E. BAKER

(2.5) Business, Education, Training Expenses and Indemnification. As the CITY's Chief
of Police, the CITY agrees to pay for BAKER's professional dues and subscriptions, for BAKER's
continuation and full participation in national, regional, state and local associations and
organizations necessary and desirable for BAKER's continued professional participation and
advancement, and for the good of the CITY, subject to budget approval by the CITY MANAGER.
The CITY agrees to budget for and pay for reasonable and customary travel and subsistence
expenses for BAKER, as the CITY's Chief of Police, for professional and official travel to
meetings and occasions adequate to continue your professional development and to adequately
attend to necessary official functions for the CITY and such expenses to cover the cost for
membership dues in the International Association of Chiefs of Police and the Florida Police
Chief's Association, as well as the cost to attend the annual conferences of these two organizations.
In addition, the CITY may choose to pay for BAKER's attendance at other national, regional, state
and local seminars, conferences and committee meetings as it deems appropriate and approved by
the CITY MANAGER. All travel and expenses are subject to budget approval by CITY
MANAGER.
Additionally, BAKER shall receive reimbursement for tuition costs, fees and books
incurred by BAKER in pursuing courses at a state accredited college or university, provided:

i.

Such courses must be in the field on criminal justice, law enforcement, business
administration, public administration or such other fields that sufficiently relate to
police work or police administration.

ii.

Reimbursement at the rate of 100% for tuition, fees and books shall occur
immediately after BAKER provides proof of successful completion of the course(s)
with a grade of "C" or better. Reimbursement for tuition shall be based on actual
cost not to exceed credit hour cost at Florida Gulf Coast University.
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EMPLOYMENT CONTRACT - DOUGLAS E. BAKER

On behalf of BAKER as the CITY's Chief of Police, the CITY will comply with all the
provisions of Chapter 111.07 and 111.071 Florida Statutes in regard to defense in civil actions
against public officers, employees or agents and payment of judgments or settlements against
public officers or employees.
(2.6) Health and Wellness. As Chief of Police, BAKER may utilize the CITY's health
facilities at Skatium at a discounted rate of 50% of the fee charged to general employees of the
CITY.
(2.7) Retirement. Consistent with CITY policy, the CITY will provide a retirement benefit
equal to 15.3% of salary to be invested in BAKER's choice of either the ICMA 401(a) or the
ICMA 457 deferred retirement plan. No employee contribution or vesting period shall be required.
SECTION 3: TERMINATION OF EMPLOYMENT
(3.1) Termination of Employment: This Agreement shall terminate on the occurrence of
any of the following events:
a.

The death of BAKER during the term of this Agreement. If BAKER shall die during
the term of this Agreement, the CITY shall pay to BAKER's estate any unpaid
compensation earned by BAKER prior to his death, including all accumulated
vacation time and sick days.

b.

This Agreement may be terminated by BAKER upon thirty (30) days written notice
to the CITY. If terminated by resignation of BAKER, he shall receive all
accumulated sick hours and vacation hours in addition to his salary through the date
of resignation.

C.

This Agreement may be terminated by the City at any time as prescribed by the
City Charter.

EMPLOYMENT CONTRACT - DOUGLAS E. BAKER

(3.2) Termination and Severance Pay: In the event BAKER's employment is terminated
as Chief of Police based on a finding of violation of Chapter 112, Part III, Florida Statutes, or
violation of the City Charter, or malfeasance or misfeasance or nonfeasance in office, the CITY
shall have no obligation to provide any severance pay, but only accrued and unused vacation hours
and sick time shall be paid.
In the event that BAKER's employment as Chief of Police is terminated
under any other circumstance during such time as BAKER is willing and able to perform the duties
of Chief of Police, then BAKER shall receive severance pay in the following amount, less
appropriate deductions for federal withholding and other applicable taxes:
a.

Twenty weeks of base salary in compliance with Florida Statutes Section

215.425(4)(a) (2014). BAKER shall also receive twenty weeks of continuation of
the existing health insurance allowance provided by the City for the Chief of Police.
Severance pay is prohibited if the Chief of Police is terminated for misconduct as
defined by Florida Statutes Section 443.036(30).

b.

BAKER shall be without continuation of any other CITY benefits, inclusive of no

further pension benefit.

C.

In exchange for the severance, BAKER waives any rights pursuant to the CITY

Charter pertaining to such termination.

SECTION 4: GENERAL PROVISIONS
(4.1) Notices. Any notice required pursuant to this Agreement shall be in writing, and sent
by registered or certified mail to the City Manager of the City of Fort Myers and to BAKER's last
known address.

(4.2) Governing Law. This Agreement shall be governed by the laws of the State of Florida
and venue shall be in Lee County, Fort Myers, Florida.

EMPLOYMENT CONTRACT - DOUGLAS E. BAKER

(4.3) Merger. This Agreement represents the entire Agreement between the CITY and
BAKER. No modification of this Agreement is valid unless it is in writing and signed by the
parties.
(4.4) Non-assignability. This Agreement is not assignable.
(4.5) Severability. Each division of this Agreement is separate from the whole. If any
portion of this Agreement is determined to be invalid, that invalidity shall not impair the remaining
provisions of this Agreement.
(4.6) Bindin . This Agreement shall be and inure to the benefit of the respective parties
and their executors, administrators, heirs, personal representatives, successors and assigns.

EMPLOYMENT CONTRACT - DOUGLAS E. BAKER

IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have
executed this Agreement on the dates shown below to be effective the day and year first shown
above.
CITY OF FORT MYERS, FLORIDA
a Municipal Corporation

ATTEST:
V

By: t7 j4&4 r-. m-r----L .

Randall P. Henderson, ., Mayor

Date:

/1C1 -

Marie Adams, MMC, City Clerk

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By:
illiam P. Mitchell, City Manager
Date:

la -y-

0/4/

.1
/I
APPROVED AS TO FORM:
1-f VJ

v 11`I .
Grant Williams Alley, CityAttorney

uglas E.