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12/20/1995 Agreement MONROE COUNTY STANDARD EMPLOYMENT AGREEMENT This agreement entered into this ;J. 'D day of December 1995, for ~ P-J!iod ~ginn~ :::<; ,." ::.::: r-r, September I. 1996 and ending August 31. 2000, by and between the Monr~~~ntY3ioar~f ~~ :z ... r' 0 County Commissioners, a political subdivision of the State of Florida, herer!~er ref~d tegs _< -0 fTl "Board" and James L. Roberts, hereinafter referred to as "Employee", ServiGes 'of the ~plo~e -- W:::v o C:J shall commence during the first week of September, 1996. In consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: The Board hereby employes, engages, and hires Employee as the County Administrator, under the direct management of the Board of County Commissioners, Employee shall carry out to the best of his ability the following functions and duties: In addition to the jurisdiction, authority and duties which may be conferred upon the Employee by other provisions of the Monroe County Code, the Employee shall have the following jurisdiction, authority and duties as described in Addendum A (Attached signed copy of job description). 1 . Employee agrees that he will at all times faithfully, industriously, and to the best of his ability, experience and talents, perform all of the duties that may be required of and from him pursuant to the terms hereof 2, This Board shall pay Employee, and Employee shall accept from the Board, In full payment for Employee's services hereunder, compensation as follows: (a) Salary of $96,507,62 per annum (FY 1996), (b) Benefits and services received by other Monroe County employees, including but not limited to life insurance, medical, hospitalization, dental and vision care, retirement, holidays, annual and sick leave and Social Security benefits as provided by the Monroe County Personnel Policies and Procedures except as expressly amended below: (c) Employee, at the direction of the Board of County Commissioners, shall represent the Board's interests at national, state and local professional society functions, 3, The Employee shall be entitled to annual cost of living raises as may be awarded to Monroe County employees each fiscal year beginning October 1, 4. Merit raises may be awarded on an annual basis at the Monroe County Board of County Commissioners approved rate, if so recommended by the Board of County Commissioners. 5, Employee shall devote all of his time, attention, knowledge, and skill during working hours solely to County matters, and Employee shall not engage in any outside employment during the period of this contract. 6, The Employee shall have the use of County servIces and personnel to carry out the functions of his job, including, but not limited to: legal, accounting, secretarial and clerical assistance, (Office space, utilities, telephone services, custodial services, books, library, postage, office supplies, photocopy equipment, furniture, office equipment and computer equipment as may be necessary,) 7. Employee shall have the following amenities in addition to those mentioned above: (a) An additional five (5) days personal leave. Nothing contained in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with the County, providing 2 the Employee shall give the Commission 90 days notice, unless the parties shall otherwise agree, 8. The Board shall reimburse the Employee for all travel and lodging expenses on approved County business at the rate specified under Florida Statutes, 9. Employee may be terminated in the following manner: (a) For Cause, The Board of County Commissioners may remove the Employee from office for cause as set forth in the Monroe County Employment Policies and Procedures Manual in accordance with the procedure set forth in the County Administration Law of 1974, also known as Part III of Chapter 125, Florida statutes, as amended, (b) Termination Without Cause, The Board of County Commissioners may remov~ the Employee at any time without cause by enactment of a resolution at any regularly convened Board Meeting in accordance with the procedures set forth in the County Administration Law of 1974, also known as Part III of Chapter 125, Florida Statutes, as amended, Upon adoption of said resolution, the Board shall cause to be paid to the Employee nine (9) months severance pay, together with payment for accrued annual leave not yet taken by him and any pro rated sick leave to which the employee may be entitled under Monroe County's Personnel Policies and Procedures Manual. Full payment shall be made by the Board within twenty (20) days of such termination, Additionally, in the event that said Employee is removed for cause under the provisions of 9,(a) above, and a court of competent jurisdiction renders a judgment which shall become final after appeal, he shall receive his reasonable attorney's fees and court costs incurred. in successfully 3 bringing said suit, if Employee prevails following an appeal, if taken, to the final appellate court with jurisdiction. The Board further agrees to pay to the Employee the sum of$500.00 per month as and for an automobile allowance. This allowance shall be in lieu of a County-furnished car and shall cover all items including, but not limited to: cost of rental, fuel and oil, repairs, insurance and other normally incurred items. In fiscal year] 998, that amount will be $550,00 per month. In the event that the Board shall vote to abolish the Employee's position during Employee's term of office, the same shall be deemed a removal without cause under the provision of this subsection. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written, BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BycS'~-F~ Mayor/Ch' an (Seal) DANNY L. KOLHAGE, CLERK BY:~ot.J. C, ~A~ Deputy Clerk .. ~~~ JAMES L. ROBERTS Employee ",,:--, 4 ~.... ..' f ~~ .... .. \ E Series #N/A COUNTY ADMINISTRATOR MAJOR FUNCTION The County Administrator reports directly to the Board of County Commissioners. This position shall be responsible for the administration of all departments responsible to the Board of County Commissioners and for the proper administration of all affairs under the jurisdiction of the Board, including all the Districts governed by the Board. To that end, the County Administrator shall by way of enumeration and not by way of limitation, have the following specific powers and duties to: ILLUSTRATIVE DUTIES Administer and carry out the directives and policies of the Board of County Commissioners and enforce all orders, resolutions, ordinances and regulations of the Board to assure that they are faithfully executed. Report to the Board on action taken pursuant to any directive or policy within the time set by the Board and provide an annual report to the Board on the state of the County, the work of the prevlous year and any recommendations as to actions or programs, deemed necessary for the improvement of the County and the welfare of its residents. Provide the Board, or individual members thereof, upon request, with data or information concerning County government and to provide advice and recommendations on County government operations to the Board. ' Attends Commission meetings, prepares agenda, makes comprehensive reports, informs and advises Commission, makes recommendations, Prepare and submit to the Board of County Commissioners, for its consideration and adoption, an annual operating budget, a capital budget, and a capital program. Establish the schedules and procedures to be followed by all County divisions, departments, offices, and agencies in connection with the budget and supervise and administer all phases of the budgetary process. Keeps Board of County Commission informed on County operations, financial conditions and future needs. Prepare and submit to the Board, after the end of each fiscal year, a complete report on the administrative activities of the County for the preceding year along with recommendations. / Supervise the care and custody of all County property. Recommend to the Board a current position classification and pay plan for all positions in County service. Develop install and maintain centralized budgeting, personnel, and purchasing procedures. Organize the work of County divisions and departments, subJect to an administrative code developed by the Administrator and adopted by the Board, and review the departments, administration, and operation of the county and make recommendations pertaining thereto for re organization by the Board. Select, employ and supervise all personnel and fill all vacancies, positions, or employment under the jurisdiction of the Board. However, the employment of all department heads shall require confirmation by the Board of County Commissioners. Suspend, discharge, or remove an employee as provided for if: Monroe County Personnel Policy and Procedures. Negotiate leases, contracts, and other agreements, including consultant services for the County, subject to approval of the Board, and make recommendations concerning the nature and location of County improvements. See that all terms and conditions in all leases, contracts, and agreements are performed and notify the Board of any noted violation thereof. Order, upon advising the Board, any agency under his/her jurisdiction as specified in the administrative code to undertake any task for any other agency on a temporary basis if he/she deems it necessary for the proper and efficient administration of the County government to'do so. Attend all meetings of the Board with authority to participate in the discussion of any matter. Perform other duties as may be required of him/her by the Board of County Commissioners. Supervise the construction, acquisition, control, use and maintenance of all personal property, buildings, furnishings, and equipment owned or leased by the County. Serve as a officials, within the all Federal officials. liaison between the governing body and other County special tax district with the County, municipalities County, the county government of other counties and and State governmental agencies, officers, and It is the Boards intent to grant to this employee only chose powers and duties which are administrative or ministerial 1n nature and not to delegate any governmental power imbued in the Board of County Commissioners as the governing body of the County pursuant to l(e) ARTICLE VIII, of the State Constitution. To that end, the above specifically enumerated powers are to be construed as administrative in nature and in any exercise of governmental power the administrator shall only be performing the duty of advising the Board of County Commissioners in its role as the policy-setting governing body of the County. Further, it is the intent of the Board that said employee shall be the chief ad~inistrative official for Monroe County and shall be responsible for the administration of all departments which the Board has authority to control. Said employee shall be directly responsible to the Board and shall implement and execute the policies of the Board as promulgated by the Board in open official meetings; provided, however, that said employee shall not have authority to establish County policies, which policy decisions are hereby declared to be the jurisdiction of the Board in exercising its responsibilities and duties pursuant to the Constitution of the State of Florida and for any general or special laws enacted thereunder. KNOWLEDGE, ABILITIES AND SKILLS Ability to exercise judgement and discretion in formulating, interpreting and implementing County rules, regulations, policies and procedures. Ability to establish and maintain a working relationship with the community, departmental personnel and managers within and outside the purview of the county. Ability to analyze data and reports relating to the County's operational units and utilize professional management techniques to resolve problems. MINIMUM OUALIFICATIONS A combination of education and executive level experience to equal not less than 10 years. Prefer MPA or related degree, Experience must be at the executive level in public/municipal/county management, coordinating multiple departments, with direct accountability to an elected board, including liaison roles with external agencies/constituencies such as community leaders, vendors, media and state and federai governmental official. APPROVED BY: On this date I have received a copy of my job description relating to my employment with Monroe County. "-~ -~ Employee Slgnature Da{e7rr-