08/18/1987
AGREEMENT
Agreement entered into this 18th day of August
1987, by and between the Monroe County Board of County Commis-
sioners, a political subdivision of the State of Florida, herein-
after referred to as "Board" and Donald Leland Craig, hereinafter
referred to as "Employee."
In consideration of the mutual covenants, promises, and
representations contained herein, the parties agree as follows:
1. The Board hereby employs, engages, and hires Employee
as the Planning Director to be the administrative head of the
Planning, Building and Zoning Department under the direct manage-
ment of the County Administrator. 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 Director of Planning by other provi-
sions of the Monroe County Code, the Director of Planning shall
have the following jurisdiction, authority and duties:
a.) To serve as staff to the Planning Commission and
to inform such body of all facts and information at
this disposal with respect to applications for develop-
ment approval or any other matters brought before it;
b.) To assist the Planning Commission in the review of
the Florida Keys Comprehensive Land Use Plan, including
the capital improvements program, regulations, and
proposed amendments thereto;
c.) To maintain the Official Land Use District Map and
to make an annual presentation of the Map to the Board
of County Commissioners for certification;
d. ) To maintain development review files and other
public records related to the Department's affairs;
e.) To review, or cause to be reviewed, all applica-
tions for major conditional use and plat approval;
f. ) To review and approve or disapprove applications
for minor conditional use permits;
g.) To recommend amendments to the Comprehensive Land
Use Plan and regulations;
h.) To render interpretations of the LUP, regulations
or the boundaries of the official Land District Map;
i.) To evaluate and act upon claims of non-conforming
uses and structures;
j.) To work to coordinate all local, regional, state
and federal environmental and other land development
permitting processes affecting development in the
County;
k.) To plan for and evaluate all transportation
improvements for the County and coordinate such activi-
ties with the Department of Transportation of the State
of Florida;
1.) To issue certificates of compliance and sign
pre-application conference letters of understanding in
accordance with the procedures set forth in the Land
Use Plan;
m.) To enforce any provisions of the regulations
contained in the Land Use Plan or any other provisions
of the Monroe County Code;
n.) To establish such rules or procedure necessary for
the administration of his responsibilities under the
Land Use Plan; and
0.) Whenever requested to do so by the County Adminis-
trator or the Board of Commissioners, with the assis-
tance of other County Departments to conduct or cause
to be conducted surveys, investigations and studies,
and to prepare or cause to be prepared such reports,
maps, photographs, charts and exhibits as may be
required;
p.) Consults with and advises citizens, landowners,
realtors, developers and persons having an interest in
land use on the proper and orderly development of land
in accordance with established laws and ordinances;
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q.) Enforces compliance and works closely with associ-
ated County Department Heads for the enforcement,
amendment and implementation of the Zoning Ordinance
and other pertinent laws, regulations and ordinances;
r.) To work to coordinate all Regional, State and
Federal environmental permitting processes affecting
development in the County;
s.) Performs related work as required;
t.) To take such other actions and perform such other
functions non inconsistent with County regulations as
may be delegated by this Chapter.
2. Employee agrees that he will at all times faithfully,
industriously, and to the best of his ability, experience and
talents, and in accordance with the American Institute of Certi-
fied Planners code of Professional Responsibility, perform all of
the duties that may be required of and from him pursuant to the
terms hereof.
3. 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 $47,500 per annum.
b. ) Benefits and services received by other Monroe
County Employees, including but not limited to life
insurance, medical and hospitalization insurance,
retirement, holidays, sick leave and Social Security
benefits, except as expressly amended below:
1.) Annual leave shall accrue in accordance with
that provided for in the Monroe County Employee
Policies and Procedures Manual and as it may be
amended from time to time.
2. )
Medical
insurance
or
else
shall
self-insurance
coverage on the Employee
Board.
3.) At County Administrator's discretion, Employ-
ee may be reimbursed for tuition and costs of
be paid by
the
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professional education programs related to his
duties of as Director of Planning.
4.) Employee, at the direction of the County
Administrator,
shall
represent
the
County's
interests at national, state and local profession-
al society functions.
c. ) Annual cost of living raises as given to Monroe
County employees each fiscal year beginning October 1.
d.) Merit raises may be awarded on an annual basis at
a rate recommended by the County Administrator.
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Employee shall devote a11~s time, attention,
4.
knowledge, and skills solely to County matters, and Employee
shall not engage in the practice of his profession in the private
sector.
5. The Employee shall have the use of County services and
personnel to carry out the functions of his job including, but
not limited to:
a suitable automobile, 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.)
6. The Board shall reimburse the Employee for all travel
and lodging expenses on County business.
7. The Board agrees to nontermination of this agreement
for a period of twenty-four (24) months except dismissal for
cause as defined by the Monroe County Employment Policies and
Procedure Manual.
8. Employee may be terminated in the following manner:
a.) For Cause.
Majority of three (3) Board Members
may remove the Employee from office for cause as set
forth in Section 9.01 of the Monroe County Employment
Policies and Procedures Manual in accordance with the
4
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. A majority of three
(3) Board Members may remove 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 Emp loyee, the balance due him in
salary for the remainder of this twenty-four (24) month
contract, together with payment for accrued annual
leave not yet taken by him. Full payment shall be made
by the Board within twenty (20) days of such termina-
tion.
Additionally, in the event that said Employee is removed by
the Board for cause under the provisions of 9.(a) above, and a
Court of competent jurisdiction renders a judgment which shall
become final after appeal or without appeal, that said removal
shall then be deemed to have been a removal without cause under
the provisions of 9. (b) hereunder and said Employee shall be
entitled to salary payment for the remainder of his twenty-four
(24) month contract together with accrued annual leave not yet
taken by him. In addition, he shall receive his reasonable
attorney's fees and court costs incurred in successfully bringing
said suit.
In the event that the Board shall vote to abolish the office
of Planning Director during Employee's term of office, the same
shall be deemed a removal without cause under the provisions of
this subsection.
9. Notwithstanding Paragraphs 7 and 8 above, the Board and
Employee shall together with the County Administrator, review the
Employee's performance at the end of the first year's employment.
The criteria for performance at the end of the first year's
5
employment. The criteria for performance review shall be items
a.) through t.) of Paragraph 1 of this agreement. Three Board
members voting in concurrence with the County Administrator shall
be required for dismissal of the Employee, otherwise, the Employ-
ee shall be retained. Should the Employee be terminated at the
end of the annual review, he shall receive six months termination
pay and benefits.
10. Employee may begin the period of his employment on or
before September 15, 1987, at the County Administrator's dis-
cretion.
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
(SEAL)
Attest :DANNY L. KOLHAGE, Clerk
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