A. Commissioner's Items
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY -- SPECIAL MEETING
Meeting Date: 12/05/07
Division: Commissioner Spehar
Bulk Item: Yes No ~
Staff Contact Person: Les Boatwright x3440
AGENDA liTEM WORDING: Approval of a resolution notitying Thomas 1. Willi that the County is
cancelling his employment agreement effective January 4, 2008.
ITEM BACKGROUND: The County Administrator's contract allows for the County Commission to
terminate him without cause by cancelling the agreement effective 30 days after giving him written
notice by resolution. Under paragraph 7(f)(3) of the agreement, the Administrator would be entitled to
a severance package which include 9 months of pay. At his current salary, the Administrator would be
entitled to bl~ paid $124,220.25 in pay plus some of the benefits due under the contract. The total cost
to the County will depend, in part, on whether the contract provision calling for the County to pay for
vesting him with the Florida Retirement System is legally binding and valid or not.
PREVIOUS RELEVANT BOCC ACTION: On 9/8/04, BOCC entered into a contract with Mr.
Willi to serv,~ as County Administrator starting 11/1/04. The agreement was modified on] 1/16/05 and
1/25/06.
CONTRACT/AGREEMENT CHANGES: Cancel contract under provisions in paragraph 7(f)(3).
STAFF RECOMMENDATIONS: n/a
TOTAL COST:
To be provided
BUDGETED: Yes
No
COST TO COUNTY: To be orovided
SOURCE OF FUNDS:
REVENUE I'RODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 8/06
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, NOTIFYING THOMAS J. WILLI THAT THE COUNTY WILL
BE TERMINATING HIS EMPLOYMENT WITHOUT CAUSE BY CANCELLING HIS
EMPLOYMENT CONTRACT EFFECTIVE JANUARY 4, 2008.
WHEREAS, the Board of County Commissioners entered into an employment
agreement with Thomas J. Willi ("Willi") on or about September 8, 2004 through which Mr.
Willi agreed to serve as County Administrator for a four year period starting November I, 2004;
and
WHEREAS, in the aforementioned contract, the Board of County Commissioners
retained the right to terminate Mr. Willi without cause; and
WHEREAS, pursuant to paragraph 7(1)(3) of the aforementioned contract, the Board
must provide written notice via resolution to Mr. Willi of its intent to cancel the contract; and
WHEREAS, under the agreement, the Board must give Mr. Willi 30 days notice of its
intent to (;ancel the contract;
and
WHEREAS, the Board has met at a duly noticed, special meeting called for this purpose;
WHEREAS, it is the intent of the Board of County Commissioners of Monroe County,
Florida that this Resolution shall serve as the 30-day written notice to Mr. Willi that his contract
is being cancelled; and
WHEREAS, it is the intent of the Board that Mr. Willi's contract shall be cancelled
effective January 4, 2008; and
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. The Board of County Commissioners, by this resolution, gives written notice to
Thomas 1. Willi that the Board is cancelling his employment contract to serve as
County Administrator, effective January 4, 2008.
2. The County Attorney, and/or her designee, and the County Clerk, and/or his
designee, are hereby authorized to take all steps necessary to terminate the
agreement and make all payments due to Mr. Willi under his employment
contract.
3. Mr. Willi is directed to immediately turn over all County owned and/or leased
property in his possession, with the exception of his cellular phone, to the Deputy
County Administrator and/or her designee. County owned or leased items that are
not in his immediate possession shall be turned over to the Deputy County
Administrator and/or her designee within 24 hours.
4. Mr. Willi is directed that, for the next 30 days, he is to report to work at his home
and be available to consult by telephone from 8 a.m. until 6 p.m. with any
Commissioner, any person named Acting County Administrator, the Deputy
County Administrator and/ or her designee, the County Attorney and/or her
designee, the Clerk and/or his designee, and any Division Director.
5. Mr. Willi is directed to make only County business calls on his County cellular
phone and to turn over that phone to the Deputy County Administrator or her
designee on January 5, 2008.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting of the Board, which was called for this purpose and held on
the 5th day of December, 2007.
Mayor McCoy N
Mayor Pro Tern Di Gennaro l-J
Commissioner Neugent --Y-
Commissioner Spehar 1
Commissioner Murphy +-