2nd Amendment 06/29/2010
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
July 2. 2010
TO:
Suzanne A. Hutton
County Attorney
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A TTN:
Kathy M Peters
Executive Assistant
FROM:
Isabel C. DeSantis, D. C.
At the Special BOCC Meeting held on June 29, 2010, Board of County Commissioner's
meeting, the Board approved the following:
Approval of amendments to contracts of County Administrator and County Attorney to
change the language in the Compensation and Transportation paragraphs to meet the intent of
the parties that the compensation be deemed general compensation, and comply with FRS.
Attached are photocopies of the subject documents for your handling. Should you have
any questions, please feel free to contact this office.
cc:
Zenaida Rojas, Payroll Supervisor
File
AMENDMENT No.2 TO EMPLOYMENT AGREEMENT
COUNTY ATTORNEY
THIS AMENDMENT is made and entered into this 21st day of July, 2010, between the
Board of County Commissioners of Monroe County, Florida, hereinafter "County", and Suzanne
A. Hutton, hereinafter "Attorney."
WHEREAS, on April 19, 2006, the parties entered into a 4-year agreement for
employment of Attorney as the County Attorney, commencing on May 1, 2006; and
WHEREAS, on October 21, 2009, the parties extended that agreement for a period of 18
months from May 1, 2010, through October 31,2011; and
WHEREAS, the contract has been interpreted by the County's auditors and the Florida
Retirement System (FRS) to preclude the inclusion in regular compensation, subject to state
retirement calculations, of the automobile allowance; and
WHEREAS, all prior and current Monroe County Administrators and prior Monroe
County Attorneys, the employees of Monroe County normally under contract, have received
automobile allowance as regular compensation, subject to FRS contributions and included in
retirement calculations; and
WHEREAS, both parties to this agreement contemplated that the compensation package,
other than employee insurance benefits, would be subject to County contributions to the FRS and
included in the final average compensation computation for calculating retirement benefits;
WHEREAS, the County has been making the contributions into the FRS for the
compensation heretofore described as salary and automobile allowance; and
WHEREAS, the parties find it in the best interests of both to amend the agreement to
render the existing contract consistent with expectations of the parties; now therefore,
IN CONSIDERATION OF the mutual covenants contained herein, The Parties agree as
follows:
1. The contract entered between the parties on April 19, 2006, as amended on October 21,
2009, shall be amended to revise paragraphs 6, and 7 to read, effective May 1,2006, as follows:
6. Compensation.
A. Amount. The Board will pay to Attorney, as and for a base salary, the sum of ONE
HUNDRED FIFTY-SIX_THOUSAND DOLLARS SIX HUNDRED ($156.600.00) per annum
for the first year of employment. The base salary shall be increased after one year, on May 1,
2007, by SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500), and, thereafter
according to the County policy of cost-of-living and merit increases provided to other County
employees.
B. Payment. Base salary payments will be paid in equal biweekly installments (26 pay
periods per annum), or as otherwise may be mutually agreed to in writing.
C. Professional Certification. Attorney is certified by the Florida Bar as a specialist in City,
County, and Local Government Law. Pursuant to Sec. 2-360(c), Monroe County Code, Attorney
shall be paid $250.00 monthly in addition to the base salary, as adjusted for cost-of-living and
merit increases.
D. Attorney shall be entitled to health, accidental death & dismemberment and life insurance
coverage under County group policies, and shall retain the right to the health insurance coverage
available to retirees who were hired prior to October 1, 2001, pursuant to Resolution No. 119-
2001, as modified by Resolutions No. 154-2003 and 354-2003. Nothing in this agreement shall
set aside Attorney's rights under the "Rule of70."
7. Transportation. Attorney agrees that she will be responsible for providing her own
motor vehicle for transportation within the limits of Monroe County that may be necessary,
required, or appropriate in fulfilling his responsibilities and duties under this Agreement. For
travel out of Monroe County by motor vehicle, Attorney will be reimbursed by Board on a per
trip basis at the rate allowed for under Chapter 112, Florida Statutes, with mileage calculated as
if departure commenced at the Monroe County-Miami-Dade County line and return ended at the
Monroe County-Miami-Dade County line. At its sole discretion, and upon request by Attorney,
Board may authorize the reimbursement of Attorney's actual expenditures where documented
evidence is provided detailing the actual expenses incurred.
2. In all other respects, the Agreement entered April 19, 2006, as amended October 21,
2009, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused these presents to be executed in their
respective names on the date first set above.
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner George Neugent
Commissioner Mario Di Gennaro
Commissioner Kim Wigington
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Attest: DANNY L. KOLHAGE, Clerk
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BOARD OF COUNTY COMMISSIONERSw
OF MONROE COUNTY, FLORIDA en
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Deputy Clerk
Mayor/Chairperson
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