Resolution 081-1984
Lucien C. Proby, Jr.
County Attorney
RESOLUTION NO. 081-1984
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, TO EXECUTE AN EMPLOYMENT
AGREEMENT BY AND BETWEEN MONROE COUNTY,
FLORIDA, AND JAMES R. KELLER TO FILL POSITION
OF ASSISTANT COUNTY ATTORNEY IN COUNTY
ATTORNEY'S OFFICE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board of County Commis-
sioners of Monroe County, Florida, is hereby authorized to
execute an Employment Agreement by and between Monroe County,
Florida, and James R. Keller, a copy of same being attached
hereto, to fill Assistant County Attorney's position in County
Attorney's Office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 23rd day of March, A.D. 1984.
BOARD OF COUNTY COMMISSIONERS
OF M.~COUNTY' ~RIDA
BY)(~ ..--~- 0~
Chairman
(Seal)
'1)~ L. KOLHAGEIl~erk
1\(tJ\A~M. r~.O.fL.
D Clerk
BY
EMPLOYMENT AGREEMENT
This Agreement dated the
~ 3F'd
day of March, 1984,
between MONROE COUNTY, FLORIDA, a political subdivision of the
State of Florida, herein referred to as COUNTY, and JAMES R.
KELLER,
a member of the Florida Bar, herein referred to as
EMPLOYEE, witnesseth that in consideration of the mutual cove-
nants and promises contained herein, the parties agree as fol-
lows:
1. COUNTY employs and hires EMPLOYEE, and EMPLOYEE accepts
such employment, as Assistant County Attorney for COUNTY.
.
2. This employment shall commence March 1, 1984, and shall
continue in accordance with the terms of this Agreement and the
Monroe County Employment Policies and Procedures, at a salary to
be agreed to between COUNTY and EMPLOYEE from time to time. The
term of this employment shall be concurrent with the employment
of LUCIEN C. PROBY, JR. as County Attorney for COUNTY, to the
extent that this provision shall not be inconsistent or conflict
with any other provisions of this agreement.
3. EMPLOYEE shall receive as compensation for this employ-
ment, an initial annual salary of $30,000.00, and shall receive
such additional benefits as are received from time to time by
other County employees, including, but not limited to hospi-
talization for himself and his dependents, life insurance,
retirement, holidays, sick leave, and annual leave.
4. EMPLOYEE shall be considered a full-time/permanent
employee as defined in ~2 of the Monroe County Employment Pol-
icies and Pro~edures, and shall be eligible for career service
status after one year of satisfactory employment, which employ-
ment by COUNTY dates from March 1, 1984.
5. EMPLOYEE shall perform such services of a legal nature
as shall be required of him by the County Attorney, in the
operation of the legal department of COUNTY, and shall be subject
to the direct control and supervision of the County Attorney.
EMPLOYEE shall devote substantially all of his normal working
time to these tasks, and shall not maintain a private law prac-
tice.
6. EMPLOYEE shall be e~titled to reimbursement for travel
and per diem expenses as are provided other County Employees, for
authorized travel in connection with this employment, whether
within or outside of Monroe County, Florida.
7. The parties hereto agree that EMPLOYEE has conducted a
private law practice prior to this employment, and that he has a
professional responsibility to conclude the affairs of his
clients, or to transfer them to another Attorney.
EMPLOYEE shall
.
conclude or transfer these matters as expeditiously as possible,
using his best efforts to do so promptly.
He shall provide the
County Attorney with the identities of those cases which he has
been unable to conclude or transfer thirty (30) days from the
date of this Agreement.
EMPLOYEE may continue to represent these
clients until he has been able to conclude or transfer their
affairs, with the understanding that the representation of these
clients shall be considered temporary, that these matters shall
not be permitted to interfere with EMPLOYEE'S County duties, and
that EMPLOYEE shall undertake no additional legal matters for
these clients.
8. It is recognized by the COUNTY that prior to becoming
employed by the COUNTY, EMPLOYEE has, in his private law prac-
tice, represented individual clients in litigation, (some of
which are currently pending having been referred to substitute
counsel), adverse to the COUNTY.
It is agreed that the EMPLOYEE
shall not be required to assist the legal department of the
COUNTY in any such case where a conflict of interest is or could
be involved. These cases include the Appeals to the Circuit Court
of Monroe County, Florida of zoning matters involving David Day
(venue Plantation Key) and the appeal of Pizza Hut of Gainesville
(venue Marathon Sub-Courthouse).
Conversely, EMPLOYEE agrees not
to participate on behalf of his said former clients in any
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further proceedings in such matters or to take any action adverse
to the interests of the COUNTY.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
(Seal)
Attest:
DANNY L. KOLHAGE, Clerk
1 '\~r M. p~.
Clerk
&J:L~, p~
C?~
W1.tnesses
~~g~i~:~ONR:E' ~E OF
By ;::~~;>O~
Mayor and Chairman of the
Board of County Commis-
sioners of Monroe County,
Florida
.
APPROVED AS TO FORM
AND ,LEGAL SUFFICIENCY.
;
/
BY .
...t ( . i, ,
~ .. ,-
Attorne'ls Office
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