2. 07/01/1988 to 06/30/1991..06/21/1988 Agreement
J)ann!' 1L. Itolbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (306) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 29404641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
MEMORANDUM
To: Lucien C. Proby, County Attorney
From: Rosalie L. Connolly" Deputy Clerk
Subject: Resolution No. 240-1988
Date: June 28, 1988
As you are aware, on June 21, 1988, the Board of County
Commissioners adopted Resolution No. 240-1988 authorizing
the Mayor/Chairman of the Board to execute an Employment
Agreement by and between Monroe County and Randy Ludacer
concerning his employment as County Attorney.
Attached please find two certified copies of the Resolution
and two fully-executed copies of the Employment Agreement.
Rosalie L. C
Deputy Clerk
Attachments
cc: Mayor Lytton
Commissioner Freeman
Commissioner Hernandez
Commissioner Puto
Commissioner Stormont
County Administrator
F~nance Director
V"'i1e
EMPLOYMENT AGREEMENT
THIS
J....~
AGREEMENT,
entered
into
this
"'Is!-
day
of
, 1988, by and between Monroe County, a politi-
cal subdivision of the State of Florida, hereinafter referred to
as County, and Randy Ludacer, attorney at law, hereinafter
referred to as Employee;
WIT N E SSE T H:
WHEREAS, Employee is the County Attorney Select for County:
and
WHEREAS, County and Employee desire to reduce their agree-
ment to writing;
NOW, THEREFORE, intending to be legally bound for them-
selves, their successors assigns and heirs, the parties hereto
mutually agree as follows:
1. County hereby agrees to employ, engage and hire Employ-
ee as the County Attorney effective July 1, 1988, to be head of
the Legal Department of County, and to direct the legal staff of
the County Attorney's Office, and to perform services, including
the following:
a) To attend meetings of the Board of County
Commissioners and to render legal assistance,
opinions and advice as requested.
b) To review documents of legal significance for
legal sufficiency.
c) To confer with County Commissioners, Department
Heads, officers and employees, and with the public
when circumstances dictate, in reference to legal
questions involving County.
d) To meet with the above persons in both formal and
informal meetings individually or as groups.
e) To provide legal opinions, advice and guidance
orally or in writing, as required.
f) To supervise and participate in the conduct of the
legal affairs of the Board of County
Connnissioners.
g) To negotiate contracts, provide administrative
review, prepare legislation and conduct
litigation, involving County.
h) To supervise the professional and clerical staff
of the County Attorney's Office.
i) To perform other related duties as required by
County.
2. Employee hereby accepts emploYment as County Attorney
and agrees to faithfully, industriously and to the best of his
ability, experience and talents, and in accordance with the Code
of Professional Responsibility of the Florida Bar, perform the
duties that may be required of him, pursuant to the Agreement.
3. The term of this emploYment shall be thirty-six (36)
months from the date hereof, and may be modified only by agree-
ment of the parties.
4. County shall pay to Employee, and Employee shall accept
from County, as compensation for the services to be provided by
Employee, an annual salary in the amount of Sixty-five Thousand
($65,000.00) Dollars, which shall be paid in equal installments
bi-weekly, during the period of probation of three (3) months, as
other County employees are paid. After the probation is de-
termined satisfactorily, the annual salary of the Employee shall
be increased to Seventy Thousand ($70,000.00) Dollars per annum.
Employee shall be entitled to all of the benefits and services to
which other County employees are entitled including, but not
limited to medical, hospitalization and life insurance, retire-
ment, holidays, annual leave, sick leave, and Social Security
benefits. Connnencing with October 1, 1989 Employee may be
entitled to a cost of living increase in his annual salary,
computed by use of the "annual factor" as provided in Section
145.19 of the Florida Statutes. The "cumulative annual factor"
and the "initial factor," as defined in that statute, shall not
be utilized in the computation of the annual salary increase for
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Employee, and any such annual increases may be limited to a
maximum of seven (7%) percent of the previous years salary.
Merit raises may be awarded on an annual basis by the Board of
County Commissioners.
5. Employee shall devote all of his time, attention,
knowledge and skills solely to the legal matters of County, and
Employee shall not engage in the private practice of law.
6. County shall appropriate funds as may be required to
employ such personnel as may be required to maintain the Legal
Department of the County, including Assistant County Attorneys,
secretaries, and clerk-typists.
7. County shall provide suitable office space, utilities,
telephone service, custodial service, books, library, postage,
office supplies, photocopy equipment, furniture, office equipment
and other similar materials and equipment as may be necessary for
the proper and efficient function of the Legal Department.
8. County shall provide Employee during the term of his
employment with an automobile for use on County business, and
reimbursement for travel and lodging expenses incurred on County
business.
9. Employee shall be considered a probationary employee as
County Attorney for a period of ninety (90) days. Thereafter and
during the term of this Agreement, Employee's employment shall be
terminated:
a) For cause as defined by, and in accordance with the
provisions of, Section 9 of the Monroe County Employment Policies
and Procedures or in accordance with Paragraph 10 herein, and
then only upon the affirmative vote of three members of the Board
of County Commissioners.
b) Without cause, and not in accordance with the
provisions of Section 9 of the Monroe County Employment Policies
and Procedures, in which case Employee shall be entitled to
receive the salary which would otherwise be due him for the
remainder of the period of his contract had it not been terminat-
ed. In such case, Employee shall also be entitled to any earned
salary not yet paid, plus accrued annual leave not yet taken.
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10. In the event Employee's employment shall be terminated
for cause, and a Court of competent jurisdiction shall render a
judgment which becomes final after appeal, or without appeal,
that the termination was without cause under the provisions of
Section 9 of the Monroe County Employment Policies and Proce-
dures, Employee shall be entitled to the payment of the salary
due him for the remaining period of his contract plus accrued and
unused annual leave, as above, plus a reasonable attorney's fee
and court costs incurred in successfully bringing such legal
action.
In the event the office of County Attorney shall be
abolished by County during the term of this Agreement, it shall
be deemed to be a termination of employment without cause under
the provisions of this paragraph.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Byg~l ct
C/ a1:hrran
(SEAL)
Attest :DANNY L. KOLT-IACIT',' C1.'''rk
.... ~..._, .J..\-...a.
/d~.~~
/'\ I A
.<U~
RANDY LUDACER
&JJ..~ P ji f2M
Witness
~ <~ ~~
( ~f~ ~r: ~ / /) . ~'--
1tness ,"
f.l.PPflOVEIJ AS TO r:ORiV/
AND LEGAL SUFFlCIEftfCy'
BY ~;~:;7_ .~"-.
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