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08/29/1989 MONROE COUNTY STANDARD EMPLOYMENT AGREEMENT Agreement entered into this 29th day of August 1989, for a period of 3 years by and between the Monroe County Board of County Commissioners, a political subdivi- sion of the State of Florida, hereinafter referred to as "Board" and THOMAS W. BROWN , hereinafter referred to as "Employee". In consideration of the mutual convenants, promises, and representations contained herein, the parties agree as follows: The Board hereby employs, engages, and hires Employee as the COUNTY ADMINISTRATOR under the direct management of the Board of County Commi ss i oners Employee shall carry out to the best of his ability the follow- ing 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, experi- ence 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) (b) Salary of $64,584.00 Benefits and services per annum. 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 provid- ed 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 County's inter- ests at national, state and local professional society functions. 3. The Employee shall be entitled to annual cost of liv- ing raises as may be awarded to Monroe County employ- ees each fiscal year beginning October 1. 4. Merit raises as may be awarded on an annual basis at the Monroe County Board of County Commissioners ap- proved 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 the practice of his profession in the private sector. 6. The Employee shall have the use of County services and personnel to carry out the functions of his job, in- cluding, but not limited to: A suitable automobile, legal, accounting, secretarial and clerical assis- tance. (Office space, utili ties, telephone services, custodial services, books, library, postage, office supplies, photocopy equipment, furniture, office equip- ment and computer equipment as may be necessary.) 7. Employee shall have the following amenities in addi- tion to those mentioned above: (a) An additional five (5) days administrative leave. 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 employee shall give the County Commis- sion 90 days notice, unless the parties shall other- wise agree. 2 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 Poli- cies 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 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 Admin- istration 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 six (6) months severance pay, together with payment for accrued annual leave not yet taken by him. Full payment shall be made by the Board wi thin twenty (20) days of such termination. Addi tionally, in the event that said Employee is re- moved 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 bringing said suit, if Employee is adjudicated not guilty under 9. (a). 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 provisions of this subsection. 3 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. (SEAL) DANNY L. KOLHAGE, Clerk ~~~~ CLERK ~IL-:.)~ WITNESS BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY /J/I~~~ MAYOR/CHAIRMAN JAl}- EMPLOYEE NAME AI'MottED A. TO,., '" AN~t!tL~ A .' ~ ,') !fie" 4 JOB DESCRIPl'ION TITLE: MCNroE COUNTY ALt-ITNISTRATOR ACCXX.JNTABILITY : The County Administrator reports directly to the Board of County Carmissioners. '!his posi tion shall be responsible for the administration of all deparbnents responsible to the Board of County Conmissioners 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 em:uneration and not by way of limi tation, have the following specific powers and duties to: MAJOR FUlCTICNS AND DUl'IES: Administer and carry out the directives and policies of the Board of County Carmissioners 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 wi thin the tine set by the Board and provide an annual report to the Board on the state of the County, the v.ork of the previous year, and any recorn:rendations as to actions or programs he deans necessary for the improverrent of the County and the welfare of its residents. Provide the Board, or individual rrembers thereof, upon request, with data or information concerning County government and to provide advice and reccmnendations on County government operations to the Board. Attends Commission meetings, prePares agenda, makes comprehensive reports, infonns and advises Comnission, makes reccmnendations. PrePare and sul:mi t to the Board of County Conmissioners, for its consideration and adoption, an annual operating budget, a capital budget, and a capital program. MAJOR FUNCTICNS AND OOTIES CXJNTINUED: Establish the schedules and procedures to be followed by all County departments, offices, and agencies in connection with the budget and supervise and administer all phases of the budgetary process. Keeps Board of County Cornnission infonned on County operations, financial conditions and future needs. Prepare and suhnit to the Board, after the end of each fiscal year, a complete report on the administrative acti vi ties of the County for the preceding year and sul::mi this reccmrendations. SUpervise the care and custody of all County property. Recornrrend to the Board a current position classification and pay plan for all positions in County service. Develop, install and maintain budgeting, personnel, and procedures. centralized purchasing Organize the work of County depart::Irents, 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 reccmnendations pertaining thereto for reorganization by the Board. Select, employ, and supervise all personnel and fill all vacancies, positions, or employment under the jurisdiction of the Board. However, the enployment of all departIrent heads shall require confinnation by the Board of County Comnissioners. SUspend, discharge, or remove any enployee as provided for in Monroe County Personnel Policy and Procedures. 2 MAJOR FtNCI'ICNS AND DUI'IFS CCNl'INUED: Negotiate leases, contracts, and other agreements, including consultant services for the County, subject to approval of the Board, and make reccmnendations concerning the nature and location of County improvements. See that leases, perfonned violation all tenns contracts, and notify thereof. and condi tions in all and agreements are the Board of any noted Order, upon advising 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 gClV"errnnent to do so. Attend all meetings of the Board with authori ty to participate in the discussion of any matter. Perfonn other duties as may be required of him by the Board of County Carmissioners. SUpervise the construction, acquisition, control, use and maintenance of all personal property, buildings, furnishings and equipnent owned or leased by the County. Serve as a liaison between the governing body and other County officials, special tax district wi thin the County, municipalities wi thin the County, the County governnent of other countries and all Federal and State governmental agencies, officers and officials. It is the Board's intent to grant to this employee only those powers and duties which are administrative or ministerial in nature and not to delegate any goverrnnental power imbued in the Board of County Conmissioners as the governing body of the County pursuant to I (e) ARTICLE VIII, of the state Constitution. To that end, the above specifically enumerated powers are to be 3 MAJOR FUNCI'ICNS AND DurIES CCNI'INUED: constructed as administrative in nature and in any exercise of govermnental paorer the administrator shall only be perfonning 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 deparbnents which the Board has authori ty to control. Said Employee shall be directly responsible to the Board and shall implenent 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 policy, 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 or for any general or special laws enacted thereunder. SP.EX::IAL SKILLS: Abili ty to exercise judgment and discretion in formulating, interpreting and implerrenting County rules, regulations, policies and procedures. Abili ty to establish and maintain a working relationship with the ccmruni ty , deparbnental 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 managerrent techniques to resolve problems. 4 MINIMDM (lJALIFICATICNS: A Masters Degree in Public Administration and three (3) years experience in public area management, or ten (10) years experience in administrative positions and five (5) years in public administration. APPROVED BY: Mayor Michael H. Puto Board of County Commissioners Date On this date, I received a copy of my job description relating to my wi th r-bnroe County. (~ Signature 1 //2/1' Date 5