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Filing # 89322056 E-Filed 05/10/2019 01:56:23 PM

IN THE CIRCUIT COURT OF THE


15th JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA

LYNNE HUBBARD,
TERENCE DAVIS,

Plaintiffs, CASE NO.:

v.

THE CITY OF RIVIERA BEACH,


JONATHAN EVANS,
DAWN PARDO

Defendants.
__________________________________________/

COMPLAINT TO ENFORCE PLAINTIFFS’ SETTLEMENT AGREEMENT

PARTIES, JURISDICTION AND VENUE

1. Plaintiff LYNNE HUBBARD is a resident of PALM BEACH COUNTY, Florida

and was a Commissioner for the City of Riviera Beach.

2. Plaintiff TERENCE DAVIS is a resident of PALM BEACH COUNTY, Florida,

and was a Commissioner for the City of Riviera Beach.

3. Plaintiff HUBBARD and DAVIS are collectively (the “Plaintiffs”).

4. Defendant DAWN PARDO, resident of PALM BEACH COUNTY, Florida, and

was a Commissioner for the City of Riviera Beach. PARDO is an interested party in this

litigation. She is not accused of any wrongdoing herein, faces no liability, and is invited to

join the Plaintiffs or alert the Court that she relinquishes any interest in this litigation.

5. Defendant CITY OF RIVIERA BEACH, is a municipal entity seated in PALM

BEACH COUNTY, Florida. Hereinafter referred to as (the “City”).

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6. Defendant JONATHAN EVANS, is a resident of PINELLAS COUNTY, Florida.

Hereinafter referred to as (“Evans”).

7. This action seeks equitable remedies, therefore the Circuit Court has jurisdiction.

8. All conditions precedent to the bringing of this action have been satisfied, performed,

or waived.

Facts Relevant to All Counts

9. In February of 2017, the City hired Jonathan Evans as City Manager.

10. His career was short lived as the City fired Evans in September of 2017 for

misfeasance.

11. Plaintiffs and Pardo were City Commissioners when the City fired Evans.

12. Evans then filed a federal lawsuit in the Southern District of Florida (Case No.: 9:18-

cv-80687-Rosenberg/Reinhart: the “Federal Case”) against the City, Plaintiffs, and Dawn Pardo

in their official and individual capacities.

13. Evans agreed to dismiss the Federal Case in exchange for $190,000.

14. Evans also agreed that he would not seek employment with the City at any time.

15. Evans also agreed that he would not apply for any position with the City.

16. Evans also agreed that he would not accept any position offered by the City.

17. In exchange for the aforementioned promises by Evans, the City, Plaintiffs and Pardo

gave up their ability to vindicate their rights in the Federal Case as part of the agreement.

18. Plaintiffs and Pardo agreed to relinquish their rights to vindication in the Federal Case

both in their official and individual capacities.

19. A true and correct copy of the Settlement Agreement and Resolution 74-18 ratifying

that agreement is attached hereto as Exhibit 1.

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20. Exhibit 1 is also available on the City’s website under the documents related to the

City’s April 10, 2019 meeting.

21. In the Federal Case, the City, the Plaintiffs, and Pardo were represented by Torcivia,

Donlon, Goddeau & Ansay, P.A. (“Defense Counsel”).

22. In the Federal Case, Defense Counsel represented Pardo and Plaintiffs in their

individual and official capacities.

23. The Settlement Agreement was executed by all parties thereto.

24. Defense Counsel filed a Notice of Settlement on behalf of all Defendants in all

capacities.

25. A true and correct copy of that Notice of Settlement filing is attached hereto as

Exhibit 2.

26. Exhibit 2 is a public record available on PACER.

27. The Settlement Agreement was perfected in late August, 2018, when Defense

Counsel filed a Joint Stipulation of Dismissal in the Federal Case.

28. A true and correct copy of that filing is attached hereto as Exhibit 3.

29. Exhibit 3 is a public record available on PACER.

30. Defense Counsel filed the Joint Stipulation of Dismissal for Pardo and the Plaintiffs

in their official and individual capacities.

31. The Settlement Agreement was binding upon Evans.

32. The Settlement Agreement was binding upon the City.

33. The Settlement Agreement was binding upon Pardo and the Plaintiffs in their official

capacities.

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34. The Settlement Agreement was binding upon Pardo and the Plaintiffs in their

individual capacities.

35. In 2019, the City advertised that it was seeking a new City Manager.

36. In 2019, the City advertised that it would be accepting applications for a new City

Manager.

37. However, on April 10, 2019, the City reversed course when it decided to waive

Paragraph H of the Settlement Agreement.

38. Paragraph H of the Settlement Agreement prohibits Evans from seeking or obtaining

employment with the City for any position.

39. Plaintiff Hubbard protested this decision.

40. A true and correct copy of the letter sent to the City in protest of the April 10, 2019

decision is attached hereto as Exhibit 4.

41. City Attorney Dawn Wynn warned the City that Evans could be judicially restrained

from taking office if the City hired Evans for any position.

42. Attorney Torcivia, Plaintiffs’ former lawyer and one of the Defense Counsel,

counseled the City that Plaintiffs’ had no rights under the Settlement Agreement.

43. Attorney Torcivia’s advice was materially adverse to Plaintiffs and Pardo’s interests

because Torcivia’s law firm represented Plaintiffs and Pardo in their individual capacity in

securing their rights under the Settlement Agreement yet has counseled the City to ignore the

rights of Plaintiffs and Pardo under the Settlement Agreement.

44. Plaintiffs did consent to any of the Defense Counsel taking such an adverse position.

45. On April 17, 2019, the City decided that it would entertain contract negotiations with

Mr. Evans for a position at the City.

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46. Plaintiff Hubbard again protested the City’s conduct.

47. A true and correct copy of the letter sent to the City in protest of the April 17, 2019

decision is attached hereto as Exhibit 5.

48. On April 23, 2019, the City gave notice that it would hold two public meetings, the

first on April 24, 2019, to discuss the initial contract negotiations with Evans and the second on

April 26, 2019, to entertain final discussions.

49. The notice to entertain final contract negotiations was published even though the City

had not publicly entertained initial negotiations as required under §286.011, Fla. Stat. and the

Florida Constitution.

50. At the last minute, the City changed its mind about holding final contract negotiations

April 26, 2019.

51. Instead, the City attempted to hold a public meeting where the City would publicly

discuss filling the City Manager position through a public application process.

52. On April 26, 2019, the City also considered terminating all negotiations with Evans.

53. Three City Commissioners voted against merely discussing whether the City should

reverse its course of courting Evans for City Manager.

54. Hubbard again protested that the City should not move forward with Evans.

55. A true and correct copy of Hubbard’s letter to the City on April 26, 2019 is attached

hereto as Exhibit 6.

56. On May 8, 2019, those same three City Commissioners voted to finalize contractual

demands made by Mr. Evans for the City Manager position, even though two City

Commissioners protested.

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57. On May 8, 2019, the City decided to offer Mr. Evans the position of City Manager

and offered salary and benefits that were in excess of $350,000 per year.

58. A true and correct copy of the City’s offer is attached hereto as Exhibit 7.

59. The City determined that Evans would not be required to return the $190,000 he

received pursuant to the Settlement Agreement.

60. Evans accepted the City’s offer of employment as City Manager.

Count I - Injunction

61. Plaintiffs reallege and reincorporate allegations 1-60 as if fully stated herein.

62. Evans has breached the Settlement Agreement.

63. Plaintiffs have no adequate remedy at law other than a Court Order permanently

enjoying the City and Evans from engaging in any employment relationship.

64. Plaintiffs have a substantial likelihood of success since Evans’ promise not to seek or

obtain employment with the City is clear.

65. The public interest will be served because the City has neglected to open the position

up to the public and conduct a thorough search for the position of City Manager.

66. The City has deprived the public of a thorough investigation and public consideration

of the best candidate for the job of City Manager.

67. Plaintiffs will suffer irreparable harm as there is no monetary compensation for Evans

breach.

68. Plaintiffs also have a well-founded fear that Evans will retaliate against them for their

actions in firing Evans for misfeasance

69. The equities are such that Evans cannot be seated as City Manager.

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WHEREFORE, Plaintiffs request that this Court:

(a) Enter a judgment ordering that Defendants City and Evans cease from engaging in

any further employment negotiations.

(b) Enter a judgement enjoying Defendants City and Evans from engaging in any

employment relationship.

(c) Grant an Order and any further relief that this Court should deem just and proper

including preliminary or temporary injunctive relief.

Count II – Declaratory Relief

70. Plaintiffs reallege and reincorporate allegations 1-60 as if fully stated herein.

71. Plaintiffs have alleged a bona fide, actual, present and practical need to for the Court

to declare that the City cannot hire Evans without their consent and without Pardo’s consent.

72. The facts are not subject to dispute as they are all matters of public record and can be

judicially noticed.

73. Plaintiffs have a need to understand their rights under the Settlement Agreement.

74. The City and Evans are antagonistic to Plaintiffs’ asserted rights under the Settlement

Agreement.

75. All parties of interest are properly before this Court.

76. Plaintiffs are not merely seeking an advisory opinion out of curiosity.

WHEREFORE, Plaintiffs request that this Court:

(d) Declare that Evans may not lawfully accept the position of City Manager under

the Settlement Agreement.

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(e) Enter a judgement enjoying Defendants City and Evans from engaging in any

employment relationship.

(c) Grant an Order and any further relief that this Court should deem just and proper

including preliminary or temporary injunctive relief.

Count III – Contact Implied by Law (In the Alternative)

77. Plaintiffs reallege and reincorporate allegations 1-60 as if fully stated herein.

78. Plaintiffs have given a benefit to Evans by allowing him to voluntarily dismiss the

Federal Case under Federal Rule 41.

79. Evans knew of that benefit.

80. Evans has accepted that benefit.

81. In exchange for that benefit, Evans promised not to seek or obtain employment with

the City and was paid $190,000.

82. The circumstances are such that equity demands estop Evans from seeking or

obtaining employment with the City.

WHEREFORE, Plaintiffs request that this Court:

(f) Declare that Evans may not lawfully accept the position of City Manager under

the Settlement Agreement.

(g) Enter a judgement enjoying Defendants City and Evans from engaging in any

employment relationship.

(c) Grant an Order and any further relief that this Court should deem just and proper

including preliminary or temporary injunctive relief.

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Dated: May 10, 2019 Respectfully Submitted,

THE O’BOYLE LAW FIRM


Attorneys for Plaintiffs – Pro Bono
1286 West Newport Center Drive
Deerfield Beach, FL 33442
Telephone: (754) 212-4201
Facsimile: (754)-212-2444
For Service of Court Documents:
oboylecourtdocs@oboylelawfirm.com

By: /s/ Jonathan R. O’Boyle


Jonathan R. O’Boyle, Esq.
Florida Bar #117547
joboyle@oboylelawfirm.com

9
Case 9:18-cv-80687-RLR Document 21 Entered on FLSD Docket 08/02/2018 Page 1 of 2

UNITED STATES DISTRICT COURT


SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION

JONATHAN EVANS,

Plaintiff,

v. CASE NO.: 9:18-cv-80687-RLR

TERENCE DAVIS, in his individual and


official capacity, LYNNE HUBBARD,
in her individual and official capacity,
DAWN PARDO, in her individual and
official capacity, and CITY OF RIVIERA
BEACH, a municipal corporation,

Defendants.

_______________________________________/

JOINT NOTICE OF SETTLEMENT


Defendants, TERENCE DAVIS (“Mr. Davis”), in his individual and official capacity,

LYNNE HUBBARD (“Ms. Hubbard”), in her individual and official capacity, DAWN PARDO

(“Ms. Pardo”), in her individual and official capacity, the CITY OF RIVIERA BEACH (the

“City”) (together, referred to as the “Defendants”), and Plaintiff JONATHAN EVANS hereby file

this Joint Notice of Settlement of the above-captioned action. This case has been settled between

the parties. Plaintiff’s counsel will subsequently file a Stipulation for Voluntary Dismissal with

Prejudice.

August 2, 2018 Respectfully Submitted,

s/ Matthew L. Ransdell ___________ s/ Luis A. Cabassa ___________


Glen J. Torcivia (Fla. Bar No.: 343374) Luis A. Cabassa (Fla. Bar No. 0053643 )
glen@torcivialaw.com lcabasa@wfclaw.com
Matthew L. Ransdell (Fla. Bar No.: 0070390) twellls@wfclaw.com
mransdell@torcivialaw.com Wenzel Fenton Cabassa, P.A.
pleadings@torcivialaw.com 1110 North Florida Avenue, Suite 300
Case 9:18-cv-80687-RLR Document 21 Entered on FLSD Docket 08/02/2018 Page 2 of 2

Torcivia, Donlon, Goddeau & Ansay, P.A. Tampa, Fl 33602


701 Northpoint Parkway, Suite 209 Telephone: (813) 379-2565
West Palm Beach, FL 33407 Facsimile: (813) 229-8712
Telephone: (561) 686-8700 Counsel for Mr. Evans
Facsimile: (561) 686-8764
Counsel for the City of Riviera Beach And

Barbara D. Bonar
Pending Pro Hac Vice Admission
Law Offices of Bonar, Buchner, & Rankin, PSC
311 Decoursey Ave.
Covington, KY 41015
Phone: (859) 431-3333
Facsimilie: (859) 431-3900
Email: bdbonar@lawatbdb.com

CERTIFICATE OF SERVICE

I hereby certify that on August 2, 2018, I electronically filed the foregoing document with

the Clerk of the Court using CM/ECF, which sends notification and a copy of the foregoing to:

Luis A. Cabassa
Email: lcabassa@wfclaw.com
Email: twells@wfclaw.com
Wenzel Fenton Cabassa, P.A.
1110 N. Florida Avenue, Suite 300
Tampa, FL 33602

I also certify that a true and correct copy of the foregoing was served via email on August 2, 2018

on proposed pro hac vice counsel:

Barbara D. Bonar
Email: bdbonar@lawatbdb.com
Law Offices of Bonar, Bucher & Rankin, PSC
3611 Decoursey Ave.
Covington, KY 41015

s/ Matthew L. Ransdell ___________________


Attorney

2
Case 9:18-cv-80687-RLR Document 23 Entered on FLSD Docket 08/27/2018 Page 1 of 2

UNITED STATES DISTRICT COURT


SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION

JONATHAN EVANS,

Plaintiff,

v. CASE NO.: 9:18-cv-80687-RLR

TERENCE DAVIS, in his individual and


official capacity, LYNNE HUBBARD,
in her individual and official capacity,
DAWN PARDO, in her individual and
official capacity, and CITY OF RIVIERA
BEACH, a municipal corporation,

Defendant.
___________________________________/

JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE

Plaintiff, JONATHAN EVANS, and Defendant, TERENCE DAVIS, in his

individual and official capacity, LYNNE HUBBARD, in her individual and official

capacity, DAWN PARDO, in her individual and official capacity, and City Of Riviera

Beach, a Municipal corporation, by and through their respective undersigned counsel,

hereby stipulate to the dismissal of this matter with prejudice in accordance with Federal

Rule of Civil Procedure 41(a), with each party to bear their own attorneys’ fees and costs.

Dated this 27th day of August, 2018.


Case 9:18-cv-80687-RLR Document 23 Entered on FLSD Docket 08/27/2018 Page 2 of 2

Torcivia, Donlon, Goddeau & Ansay, P.A. Wenzel Fenton Cabassa, P.A.
Northpoint Corporate Center 1110 North Florida Avenue
701 Northpoint Parkway, Suite 209 Suite 300
West Palm Beach, FL 33407 Tampa, Florida 33602
Telephone: (561) 686-8700 Telephone: 813-224-0431
Facsimile: (561) 686-8764 Facsimile: 813-229-8712

BY: /s/Matthew Ransdell BY: /s/Luis A. Cabassa


Matthew Ransdell, Esquire Luis A. Cabassa
Florida Bar Number: 70390 Florida Bar Number: 0053643
E-mail: mransdell@torcivialaw.com; E-mail: lcabassa@wfclaw.com
Counsel for Defendant Counsel for Plaintiff
Jonathan R. O’Boyle
Admitted FL, PA, NJ April 10, 2019
Email:
joboyle@oboylelawfirm.com

Re: Hiring of Jonathan Evans

To the City of Riviera Beach and Jonathan Evans:

Undersigned represent Lynn Hubbard. It has come to our attention that the City is
contemplating hiring Mr. Evans (the “Parties”). The Parties, along with Com. Hubbard,
executed a settlement agreement in exchange for the dismissal of Mr. Evan’s case against
the City, Com. Hubbard, and others in U.S. District Court for the Southern District of
Florida Case No.: 9:18-cv-80687-RLR. The Settlement Agreement is a public record and
was executed by Mr. Evans on July 30, 2018.

Com. Hubbard was a party to that Settlement Agreement. Under Paragraph H.: Mr.
Evans “hereby agrees that he will not seek employment with [the City] at any time in the
future. [Mr. Evans] further agrees that he will neither apply for any position with [the City]
nor will [Mr. Evans] accept any position offered to him by Employer.”

Com. Hubbard was sued individually by Mr. Evans and was gracious enough to
allow him to dismiss his claims against her under Federal Rule of Civil Procedure 41(a).
Com. Hubbard was not required to giver her assent to the dismissal under Federal Law and
could have chosen to vindicate her rights against Mr. Evan’s in the Federal Court.

As such, it is Com. Hubbard’s position that the City and Mr. Evans will be violating
their contractual obligations if Mr. Evans accepts employment with the City. Com.
Hubbard further cautions the City that inducing Mr. Evan’s to accept employment with the
City runs afoul of the covenant of good faith and fair dealings. Therefore, Com. Hubbard
places Mr. Evans and the City on Notice that the City and Mr. Evans will be in breach of
their obligations under the Settlement Agreement. Com. Hubbard gives further notice that
she may be forced to enforce the Settlement Agreement should Mr. Evans or the City
violate the Terms of the Settlement Agreement, particularly if she suffers any harm from
Mr. Evans employment at the City particularly since Mr. Evans will be in a position of
power and may act unfairly or with bias against Com. Hubbard for political or personal
reasons.
Therefore, Com. Hubbard petitions the City and Mr. Evans to refrain from engaging
in an employment relationship of any kind in order to uphold the promises exchanged in the
Settlement Agreement. Mr. Evans was already paid handsomely for his promises
($190,000). And it offends common decency to allow Mr. Evans to profit from breaking a
promises: it is dishonest.

1286 West Newport Center Drive 525 Route 73 North, Suite 104 1001 Broad Street
Deerfield Beach, FL 33442 Marlton, NJ 08053 Johnstown, PA 15906
Phone 754-212-4201 Phone 856-619-8558 Phone 814-535-5175
THE O’BOYLE LAW
FIRM
April 10, 2019
Page 2
Further, it is undersigned’s understanding that City Attorney Dawn Wynn advised
the City on April 3, 2019, that the Settlement Agreement may only be withdrawn with the
consent of all parties thereto. In my legal opinion, Dawn Wynn’s advice is correct.

Undersigned respectfully asks that this Petition for Redress of Grievances under the
First Amendment of the U.S. Constitution be entered into the Public Record of the City of
Riviera Beach on behalf of Com. Hubbard and serve as a notice to all so interested.

Sincerely,

Jonathan R. O’Boyle, Esq.


The O’Boyle Law Firm

1286 West Newport Center Drive 525 Route 73 North, Suite 104 1001 Broad Street
Deerfield Beach, FL 33442 Marlton, NJ 08053 Johnstown, PA 15906
Phone 954-570-3533 Phone 856-619-8558 Phone 561-758-1223
Jonathan R. O’Boyle
Admitted FL, PA, NJ April 17, 2019
Email:
joboyle@oboylelawfirm.com

Re: “Resolution to memorialize the action taken by the City Counsel on April 10, 2019,
Amending the Settlement Agreement and General Release in the case Jonathan Evans V.
City of Riviera Beach”

To the City of Riviera Beach and Jonathan Evans:

I represent Lynn Hubbard. It has come to our attention that the City has taken
affirmative steps to hire Mr. Jonathan Evans back as City Manager.

As I stated in my April 10, 2019 Letter, Com. Hubbard was a party to a Settlement
Agreement (represented by Glenn Torcivia in U.S. District Court for the Southern District
of Florida Case No.: 9:18-cv-80687-RLR) where she gave up her right to vindicate her
position in exchange, in part, for Mr. Evan’s promise to “not seek employment with [the
City] at any time in the future. [Mr. Evans] further agrees that he will neither apply for any
position with [the City] nor will [Mr. Evans] accept any position offered to him by [the
City].”

I understand that the City has sought to change the Settlement Agreement so that
Mr. Evans can both (1) keep the $190,000 paid to him and (2) obtain future benefits from
employment with the City in spite of Com. Hubbard’s release of holding Mr. Evan’s to his
claims in federal court.

I write to put Mr. Evans and the City on notice that a potential legal action is
contemplated. The action will seek to enforce Mr. Evan’s promise to not seek employment
with the City and to enjoin both Mr. Evan’s and the City from violating the settlement
agreement. Com. Hubbard may be joined by other parties to the agreement.

I urge the City and Mr. Evan’s to refrain from taking action that violates the
Settlement Agreement and the covenant of good faith and fair dealings. There is still time
to abandoned this course of conduct and prevent litigation. But should the City and Mr.
Evans proceed to breach the Settlement Agreement, I ask that the City delay employment of
Mr. Evan’s for 90 days in order to afford time for a Court challenge. This will prevent any
unnecessary harm to the Citizens of Riviera Beach by preventing the seating of an officer
who is not legally allowed to hold that position.

Undersigned respectfully asks that this Petition for Redress of Grievances under the
First Amendment of the U.S. Constitution be entered into the Public Record of the City of
Riviera Beach on behalf of Com. Hubbard and serve as a notice to all so interested.

1286 West Newport Center Drive 525 Route 73 North, Suite 104 1001 Broad Street
Deerfield Beach, FL 33442 Marlton, NJ 08053 Johnstown, PA 15906
Phone 754-212-4201 Phone 856-619-8558 Phone 814-535-5175
THE O’BOYLE LAW
FIRM
April 17, 2019 Respectfully,
Page 2
/S/ Jonathan R. O’Boyle, Esq.
The O’Boyle Law Firm

1286 West Newport Center Drive 525 Route 73 North, Suite 104 1001 Broad Street
Deerfield Beach, FL 33442 Marlton, NJ 08053 Johnstown, PA 15906
Phone 954-570-3533 Phone 856-619-8558 Phone 561-758-1223
Jonathan R. O’Boyle
Admitted FL, PA, NJ April 26, 2019
Email:
joboyle@oboylelawfirm.com

Re: “Seeking a competitive Solicitation for City Manager, Special Meeting 4.26.19 – City
of Riviera Beach, Florida”

To the City of Riviera Beach and Jonathan Evans:

I write to inform the City and Mr. Evan’s that Com. Hubbard was delighted to hear
the City is entertaining competitive selection for City Manager.

As I have written on April 10, 2019, and April 17, 2019, Com. Hubbard still
maintains her right to enforce the Settlement Agreement achieved in Southern District of
Florida Case No.: 9:18-cv-80687-RLR. In the Settlement Agreement, Mr. Evans promised
to “not seek employment with [the City] at any time in the future. [Mr. Evans] further
agrees that he will neither apply for any position with [the City] nor will [Mr. Evans] accept
any position offered to him by [the City].”

I understand that the City has manifested an intent to waive its rights under that
portion of the Settlement Agreement. That is the City’s prerogative but Commissioner’s
Davis, Pardo, and Hubbard were also parties to that agreement and a modification of the
Settlement Agreement requires the assent of the aforementioned. The City does not have
that assent.

Therefore, I urge the City to reject any application filed by Mr. Evans should the
City put the position of City Manager out to bid. I have confidence that there are willing
and able people in Florida who will suit the position quite well besides Mr. Evans.
Especially since the City has considered paying Mr. Evans a very large sum in salary and
benefits to return to the City without repaying the $190,000.

Mr. Evans insisted on putting the aforementioned employment restrain provision in


the Settlement Agreement and accepted $190,000 in exchange for that promise and others.
It is a moral afront to my client to have that promise broken as she gave up her right in
federal court to prove the allegations made by Mr. Evans, wrong and undeserving.

Should the City accept a proposal submitted by Mr. Evans, Com. Hubbard may be
required to take legal action to enforce her position that Mr. Evans made a promise,
benefitted greatly from that promise, and should not be allowed to break that promise.
Com. Hubbard feels very strongly that the City would benefit greatly by entertaining and
selecting the appropriate candidate for this high office.

1286 West Newport Center Drive 525 Route 73 North, Suite 104 1001 Broad Street
Deerfield Beach, FL 33442 Marlton, NJ 08053 Johnstown, PA 15906
Phone 754-212-4201 Phone 856-619-8558 Phone 814-535-5175
THE O’BOYLE LAW Respectfully,
FIRM
April 26, 2019
Page 2 /S/ Jonathan R. O’Boyle, Esq.
The O’Boyle Law Firm

1286 West Newport Center Drive 525 Route 73 North, Suite 104 1001 Broad Street
Deerfield Beach, FL 33442 Marlton, NJ 08053 Johnstown, PA 15906
Phone 954-570-3533 Phone 856-619-8558 Phone 561-758-1223
SPECIAL CITY COUNCIL MEETING
AGENDA
CITY COUNCIL CHAMBERS
Special Meeting to Follow the CRA Board Meeting
RIVIERA BEACH, FL 33404
May 8, 2019
7:00 PM

NOTICE
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990,
PERSONS IN NEED OF A SPECIAL ACCOMMODATION TO PARTICIPATE IN
THE PROCEEDINGS SHALL CONTACT THE OFFICE OF THE CITY MANAGER
AT 561-845-4010 NO LATER THAN 96 HOURS PRIOR TO THE PROCEEDINGS;
IF HEARING IMPAIRED, TELEPHONE THE FLORIDA RELAY SERVICES 1-800-
955-8771 (TDD) OR 1-800-955-8770 (VOICE) FOR ASSISTANCE.

MAYOR

RONNIE L. FELDER

CHAIRPERSON

K ASHAMBA MILLER-ANDERSON - DISTRICT 2

CHAIR PRO-TEM

JULIA A. BOTEL - DISTRICT 4

COUNCILPERSONS

TRADRICK MCCOY - DISTRICT 1

SHIRLEY D. LANIER - DISTRICT 3

DOUGLAS A. LAWSON - DISTRICT 5

ADMINISTRATION
INTERIM CITY MANAGER DEIRDRE JACOBS

CLAUDENE L. ANTHONY, CMC, CITY CLERK

DAWN S. WYNN, CITY ATTORNEY

PLEASE TAKE NOTICE AND BE ADVISED, that if any interested person desires to appeal
any decision made by the City Council with respect to any matter considered at this meeting, such
interested person, at own expense, will need a record of the proceedings, and for such purpose may
need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based, pursuant to F.S. 286.0105.

LOBBYING - ORDINANCE 4001 - ADOPTED SEPTEMBER


2011
Lobbyist registration and reporting forms are available for you online and
in print. Forms can be obtained in the Office of the City Clerk & in the
Council Chambers. Registration and reporting forms shall be submitted to
the Office of the City Clerk.
ANY PERSON W HO W OULD LIKE TO SPEAK ON AN AGENDA ITEM; PLEASE FILL OUT A
PINK PUBLIC COMMENT CARD LOCATED IN THE BACK OF THE COUNCIL CHAMBERS
AND GIVE IT TO THE STAFF PRIOR TO THE ITEM BEING TAKEN UP BY CITY COUNCIL FOR
DISCUSSION. MEMBERS OF THE PUBLIC SHALL BE GIVEN A TOTAL OF THREE (3)
MINUTES TO SPEAK ON ALL ITEMS LISTED ON THE CONSENT AGENDA. MEMBERS OF
THE PUBLIC W ILL BE GIVEN THREE (3) MINUTES TO SPEAK ON EACH REGULAR
AGENDA ITEM. IN NO EVENT W ILL ANYONE BE ALLOW ED TO SUBMIT A COMMENT CARD
AND SPEAK ON AN AGENDA ITEM AFTER THE RESOLUTION IS READ OR ITEM
CONSIDERED.

CALL TO ORDER
Roll Call
Invocation
Pledge of Allegiance

AGENDA Approval:

Additions, Deletions, Substitutions


Disclosures by Council
Adoption of Agenda
Comments From the Public on Consent Agenda (Three Minute Limitation)
CONSENT AGENDA
ALL MATTERS LISTED UNDER THIS ITEM ARE CONSIDERED TO BE
ROUTINE AND ACTION WILL BE TAKEN BY ONE MOTION. THERE WILL BE
NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS A COUNCILPERSON
SO REQUESTS, IN WHICH EVENT, THE ITEM WILL BE REMOVED FROM
THE GENERAL ORDER OF BUSINESS AND CONSIDERED IN ITS NORMAL
SEQUENCE ON THE AGENDA.
MINUTES
RESOLUTIONS
END OF CONSENT AGENDA
UNFINISHED BUSINESS
PETITIONS AND COMMUNICATIONS FOR FILING
AWARDS AND PRESENTATIONS
PUBLIC HEARINGS
COMMENTS FROM THE PUBLIC - 7:30 PM Non-Agenda Item Speakers (Three
Minute Limitation)
Public Comments should be restricted to issues, matters, or topics pertinent to the City of
Riviera Beach. Please be reminded that the City Council has adopted "Rules of
Decorum Governing Public Conduct during Official Meetings", which has been posted at
the entrance of the Council Chambers. In an effort to preserve order, if any of the rules
are not adhered to, the Council Chair may have any disruptive speaker or attendee
removed from the podium, from the meeting and/or the building, if necessary. Please
govern yourselves accordingly.

Public Comments shall begin at 7:30 PM unless there is no further business of the City
Council, which in that event, it shall begin sooner. In addition, if an item is being
considered at 7:30 PM, then comments from the public shall begin immediately after the
item has been concluded. Any person who would like to speak during public comments,
please fill out a public comment card located on the table directly outside of the council
chambers and give it to the staff before the public comments section is announced.
ITEMS TABLED
REGULAR
1. RESOLUTION NO.___________A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RIVIERA BEACH,
PALM BEACH COUNTY, FLORIDA, APPROVING THE
EMPLOYMENT AGREEMENT WITH JONATHAN EVANS
AS CITY MANAGER COMMENCING JULY 12, 2019;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.

DISCUSSION AND DELIBERATION


DISCUSSION BY CITY MANAGER
DISCUSSION BY CITY ATTORNEY
CITY COUNCIL COMMITTEE REPORTS
STATEMENTS BY THE MAYOR AND CITY COUNCIL
ADJOURNMENT
CITY OF RIVIERA BEACH CITY COUNCIL
AGENDA ITEM SUMMARY

Meeting Date: 5/8/2019


Agenda Category:

Subject: CITY MANAGER AGREEMENT

Recommendation/Motion:

Originating Dept City Manager Costs


User Dept. City Manager Funding Source
Advertised No Budget Account Number
Date
Paper
Affected Parties Not Required

Background/Summary:
At its meeting of April 17, 2019 at a Regular Council meeting, it was agreed to offer employment to Mr.
Jonathan Evans as City Mananger. At that meeting, it was also agreed that the City Attorney and
Councilchair would negotiate the terms and conditions of the Employment Agreement on behalf of the
City.

The City Council offered input on the compensatory and benefits terms and conditions of employment at
a Special Meeting held on April 24, 2019 and continued to do so at a Regular Meeting that was held on
May 1, 2019.

Fiscal Years
Capital Expenditures
Operating Costs
External Revenues
Program Income (city)
In-kind Match (city)
Net Fiscal Impact
NO. Additional FTE Positions
(cumulative)

III. Review Comments


A. Finance Department Comments:
B. Purchasing/Intergovernmental Relations/Grants Comments:

C. Department Director Review:

Contract Start Date


Contract End Date
Renewal Start Date
Renewal End Date
Number of 12 month terms this renewal
Dollar Amount
Contractor Company Name
Contractor Contact
Contractor Address
Contractor Phone Number
Contractor Email
Type of Contract
Describe

ATTACHMENTS:
File Name Description Upload Date Type
5_06_19_RESOLUTION_CITY_MANAGER_(003).pdf Resolution 5/7/2019 Resolution
CITY MANAGER
Evans_Renewed_City_Manager_Contract.pdf AGREEMENT - 5/7/2019 Agreement
FINAL DOCUMENT
REVIEW ERS:
Department Reviewer Action Date
Finance sherman, randy Approved 5/7/2019 - 3:31 PM
Attorney Wynn, Dawn Approved 5/7/2019 - 3:45 PM
City Manager Jacobs, Deirdre Approved 5/7/2019 - 3:47 PM
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA,
APPROVING THE EMPLOYMENT AGREEMENT WITH
JONATHAN EVANS AS CITY MANAGER COMMENCING
JULY 12, 2019; AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING
AN EFFECTIVE DATE.

WHEREAS, on April 17, 2019 at the regular City Council meeting, the City Council
agreed to offer employment to Mr. Jonathan Evans as City Manager for the City of Riviera
Beach, Florida; and

WHEREAS, the City Council designated the City Attorney and City Council Chair
to negotiate a compensatory and benefits employment contract; and

WHEREAS, the City Council offered input and changes to the compensatory and
benefits employment contract at the Special City Council meeting held on April 24, 2019;
and

WHEREAS, the City Council continued to offer input and changes to the
compensatory and benefits employment contract at the Regular City Council meeting held
on May 1, 2019; and

WHEREAS, the Employment Agreement is effective commencing July 12, 2019.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY


OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, as follows:

SECTION 1. That the City Council hereby approves the Employment Agreement
with Jonathan Evans as City Manager for the City of Riviera Beach, commencing July 12,
2019.

SECTION 2. That the Mayor and City Clerk are authorized to execute the
Employment Agreement on behalf of the City, said Agreement is attached hereto and
made a part of this Resolution.

SECTION 3. That this Resolution shall take effect immediately upon its passage
and approval by the City Council.

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]


RESOLUTION NO.________
PAGE 2 OF 2

APPROVED:

________________________________
KASHAMBA MILLER-ANDERSON
CHAIRPERSON

ATTEST:

_______________________________ ________________________________
CLAUDENE L. ANTHONY, JULIA A. BOTEL, Ed.D
CERTIFIED MUNICIPAL CLERK CHAIR PRO TEM
CITY CLERK

_____________________________
TRADRICK MCCOY
COUNCILPERSON

_______________________________
SHIRLEY D. LANIER
COUNCILPERSON

_______________________________
DOUGLAS A. LAWSON
COUNCILPERSON

REVIEWED AS TO LEGAL SUFFICIENCY


MOTIONED BY: _______________
____________________________________
SECONDED BY: _______________ DAWN S. WYNN, CITY ATTORNEY

T. MCCOY: ____ DATE: _____________________________

K. MILLER-ANDERSON: ____

S. LANIER: ____

J. BOTEL: ____

D. LAWSON: ____