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10/01/1987 EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this J ~ t day of OLtobe.r , A.D. 1987, by and between the COUNTY OF MONROE, STATE OF FLORIDA, a political subdivision of the State of Flori- da, hereinafter called the "County", as party of the First Part, and THOMAS W. BROWN, hereinafter called "Employee", as party of the Second Part, both of whom understand the following: WIT N E SSE T H: WHEREAS, the County desires to employ the services of the said THOMAS W. BROWN, as County Administrator of the County of Monroe as provided by County Ordinance No. 13-1977, and WHEREAS, it is the desire of the County Commission to provide certain benefits, establish certain conditions of employ- ment, and to set working conditions of said Employee, and WHEREAS, it is the desire of the County Commission to (1) secure and retain the services of Employee and to provide induce- ment for him to remain in such employment; (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security; (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of the Employee; and (4) to provide a just means for terminating Employee's services at such time as he may be unable fully to discharg1e his duties due to age or disability or when County may desire to otherwise terminate his employ; and WHEREAS, the Employee desires to accept employment as Administrator of said County; NOW, THEREFORE, IN CONSIDERATION of the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1. Employment and Term of Employment A. Monroe County hereby agrees to employ the Employee as County Administrator of Monroe County to perform the functions and duties set forth in this Agreement, and as specified by Florida Statutes 125.74 and other applicable laws and to perform such other legally permissible and proper duties and functions as the County Commission in open regular meeting shall from time to time assign to him. B. The Employee does hereby accept said employment in accordance with the terms of this Agreement. C. The Employee's appointment shall be for a period of two (2) years. D. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the County Commission to terminate the services of the Employee at any time for cause as set forth in the Monroe County Employment Policies & Procedures Manual as they now read and as they may be amended from time to time. E. Nothing 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 the Employ- ee shall give the County Commission ninety (90) days notice in advance, unless the parties shall otherwise agree. 2. Powers and Duties The Employee 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 Employee shall by way of enumera- tion and not by way of limitation, have the following specific powers and duties to: A. Administer and carry out the directives and policies of the Board of County Commissioners and enforce all orders, Resolu- tions, Ordinances, Administrative Orders, and regulations of the Board to assure that they are faithfully executed. B. 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 previous year, and any recommendations as to actions or programs he deems necessary for the improvement of the County and the w"elfare of its residents. 2 C. Provide the Board, or individual members thereof, upon request, with data or information concerning County government and to provide advice and reconnnendations on County government operations to the Board. D. Prepare and submit to the Board of County Connnissioners for its consideration and adoption an annual operating budget, a capital budget, and a capital program. E. Establish the schedules and procedures to be followed by all County Department offices, and agencies in connection with the budget and supervise and administer all phases of the budget- ary process. F. Prepare and submit to the Board after the end of each fiscal year a complete report on the finances and administrative activities of the County for the preceding year and submit his reconnnendations. G. Supervise the care and custody of all County property. H. Reconnnend to the Board a current position classifica- tion and pay plan for all positions in County service. I. Develop, install, and maintain centralized budgeting, personnel, legal, and purchasing procedures. J. Organize the work of County 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 reconnnendations pertaining thereto for reorganization by the Board. K. 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 Connnissioners. L. Suspend, discharge, or remove any employee under the jurisdiction of the Board pursuant to procedures adopted by the Board. M. Negotiate leases, contracts, and other agreements, including consultant services, for the County, subject to approv- al of the Board, and make reconnnendations concerning the nature and location of County improvements. 3 N. See that all terms and conditions in all leases, contracts, and agreements are performed and notify the Board of any noted violation thereof. O. Order, upon advis ing the Board, any agency under his jurisdiction as specified in the administrative code to undertake any task for any other agency on a temporary basis if he deems it necessary for the proper and efficient administration of the County government to do so. P. Attend all meetings of the Board with authority to participate in the discussion of any matter. Q. Perform such other duties as may be required of him by the Board of County Commissioners. It is Board's intent to grant to the Employee only those powers and duties which are administrative or ministerial in nature a.nd not to delegate any governmental power imbued in the Board of County Commissioners as the governing body of the County pursuant to l(e), Art. 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 administrative official for Monroe County and shall bE! responsible for the administration of all departments which the Board has authority to control, including those dis- tricts for which the Board sits as the governing body. 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; providing, however, that said Employee shall not have authority to establish County Policy, which policy decisions are hereby declared to be the exclusive jurisdiction of the Board in exercising of the State of Florida or for any general or special laws enacted thereunder. 4 R. Supervise the construction, acquis ition, control, use and main.tenance of all personal property, buildings, furnishings and equipment owned or leased by the County. S. Serve as a liaison between the governing body and other County Officials, special tax districts within the County, the County government of other Counties and all Federal and State governmental agencies, officers and officials. 3. Method of Termination A. For Cause. A majority of three (3) Commissioners of the County Commission may remove the Employee from office for cause as set forth in the Monroe County EmploYment Policies and Procedures Manual in accordance with the procedures set forth in the Coun.ty 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) Commissioners of the County Commission may remove the County Administrator at any time without cause by enactment of a resolu- tion at any regularly convened County Commission meeting in accordance with the procedures set forth in the County Adminis- tration Law of 1974 also known as Part III of Chapter 125, Florida Statutes, as amended. Upon adoption of said resolution by the Board, the County Commission shall cause to be paid to the County Administrator the balance due him in salary for the remainder of this two (2) year Contract, or paYment of twelve (12) months of salary, whichever is the greater amount, together with paYment for accrued annual and sick leave not yet taken by him as well as any and all other approved compensations that would normally be his due. All severance paYments shall be rendered to the Employee within twenty (20) days of his termination of County EmplOYment. Additionally, in the event that said County Administrator is removed by the Board for cause under the Provisions of 3.A above, and a Court of competent jurisdiction renders a judgment which shall become final after appeal, or without appeal, that said removal for cause was without foundation in law or fact and constitutes an abuse of discretion, then in that event, said 5 removal shall then be deemed to have been a removal without cause under the Provisions of 3.B, hereunder, and said Employee shall be entitled to salary payment for the remainder of his two (2) year Contract, or payment of twelve (12) months salary, whichever is the greater amount, together with payment for accrued annual and sick leave not yet taken by him as well as any and all other approved compensations that would normally be his due. In the event the employee is discharged prior to the expira- tion of this contract and prevails in a law suit contesting the validity of his discharge he shall be entitled to recover his reasonable attorney's fees and costs. Such suit shall not reinstate employee to the position of County Administrator. In the event that the Board shall vote to abolish the office of County Administrator during Employee's term of office, the same shall be deemed a removal without cause under the provisions of this subsection. 4. Reduction of Salary The salary called for under this Agreement may at any time during Employee's term be reduced by the Board of County Commis- sioners so long as said reduction is a part of an across-the- board reduction applicable to all County employees and so long as such reduction is no greater a percentage than the applicable across-the-board reduction for all County employees. 5. Salary and Benefits The County agrees to pay Employee for his services, an annual salary of $57,500.00, payable bi-weekly. In addition to said salary, he shall be entitled to accrue annual leave in accordance with the Monroe County Employment Policies and Proce- dures in like manner as permanent employees and shall receive retirement, holidays, life insurance, medical and hospitalization insurance, sick leave and any all other benefits as are provided permanent County employees. He shall be entitled to receive reimbursement for travel and lodging while on County business in the like manner afforded other County employees. There shall be no requirement for prior approval in advance of travel outside of the County except in instances where it is known that said travel 6 will require absence from the County exceeding three (3) working days. Said Employee shall be provided by the County with a suit- able automobile, office, office equipment, office supplies, and personnel as he shall deem necessary for performing his duties as County Administrator. Said Employee shall receive annual cost of living and other across-the-board salary raises as given to Monroe County employ- ees each fiscal year. 6. Performance The Employee agrees to devote his time, energy, and ability to the interest of the County and to faithfully perform his duties in an efficient and businesslike manner and in full conformity with all rules, regulations, and procedures as they exist at the time of the execution of this Agreement and as said rules, regulations, and procedures may be amended subsequent hereto. 7. County Property All files concerning County business in the office of Employee shall belong to and remain the property of the County. However, the Employee shall have the right during the term of his employment and after the termination of his employment to examine and copy all such records prepared by him. 8. Non-Assignable Rights The Employee's rights and obligations under this Agreement are personal to him and are not assignable. 9. Interpretation of Agreement This Agreement shall be interpreted, construed, and governed according to the laws of the State of Florida and this Agreement represents the entire and integrated Agreement between the County and the Employee and supersedes all prior negotiations, represen- tations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the County and the Employee. 10. Professional Development 7 The County agrees to budget and to pay the dues and sub- scriptions of Employee necessary for full participation in National, Regional, State and Local Associations and Organiza- tions necessary and desirable for the good of the County. The County agrees to budget and to pay the travel and subsistence expenses of Employee for travel. IN WITNESS WHEREOF, the parties hereto have subscribed their names and seals this day and year first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) Attest : DANNY L. KOL...TfAGE, Clerk ~~ i! ."" ,:~~ ." . r,)''''l ayor airman ,'-' I -t2L~/)',t. THOMAS W. BROWN B~ County Administrator 41rJts~~ ~.!~ WITNESS APP. V~.D,.. ~. s. rD. ~r..Of? ',~~.: ~ N L """,UFflC;" a ' ~7t ~---~,_._._-,- ~ ..<t!o,~'nCV.8 Office 8