04/21/1981� AC,RFFMFNT
Agreement entered into this 21stday of April
1981, by and between Monroe County, Florida, a political
subdivision of the State of Florida, hereinafter referred to
as "County" and Lucien Proby, hereinafter referred to as
"Employee."
In consideration of the mutual covenants, promises, and
representations contained herein, the parties agree as
follows:
1. County hereby employs, engages, and hires Employee
as the County Attorney to be head of legal department of
Monroe County and direct the legal staff of Monroe County
and to perform services as follows:
(a) Attend meetings of the Board of County Commissioners
and render legal assistance, opinions, and advice
as requested.
(b) Review all documents of legal significance.
(c) Confers with County Commissioners, Department Heads,
officers, employees, and the public in reference to
legal questions.
(d) Meets with the above in both formal and informal meet-
ings and/or individual contacts.
(e) Provides written and oral legal opinions, advice and
guidance as required.
(f) Supervises and participates in the conduct of the legal
affairs of the Board of County Commissioners.
(g) Performs contract negotiations, administrative review,
legislation and litigation.
(h) Drafts and presents legislative bills to delegation
for consideration.
(i) Supervises a staff of professional and clerical
employees.
(j) Performs other related duties as required.
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2. Employee agrees that he will at all times faith-
fully, industriously, and to the best of his ability, experience,
and talents, and in accordance with the Code of Professional
Responsibility, perform all of the duties that may be required
of and from him pursuant to the terms hereof.
3. County shall pay Employee, and Employee shall accept
from County, in full payment for Employee's services hereunder,
compensation as follows:
(a) Salary of $60,000.00 per annum.
(b) Benefits and services received by other county
employees, including but not limited to medical
and hospitalization insurance, retirement, holidays,
and Social Security benefits.
(c) It is expressly understood that Employee, as county
attorney, shall be a Career Service Employee as
defined by Sec. 2-37, Monroe County Code.
4, 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. Provided, however, the parties acknowledge that Employee
has conducted a private legal practice prior to the date of
this Agreement and has a professional obligation to wind up
and conclude the affairs of certain of his clients. The
parties agree that Employee shall continue to represent
certain clients, the names of which shall be provided to
County, on matters existing as of the date of this Agreement.
Employee agrees to conclude the affairs of said clients in
an expeditious manner and to undertake no further legal
matters for said clients.
5. 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,
6. County shall provide office space, utilities,
telephone services, custodial services, books, library,
Page Two of Four Pages
postage, office supplies, photocopy equipment, furniture and
office equipment as may be necessary for the proper and
efficient functioning of the legal department.
7. County shall provide Employee during the term of
this Agreement;
(a) An automobile for use on County business; and
(b) Further, Employee shall be reimbursed by County
for all travel expenses on County business outside
of Monroe County as is afforded other County
employees.
8. The parties acknowledge that this Employee has
been required to terminate his extensive private legal
practice to enter into the agreement and therefore, County
agrees to nontermination of this agreement for a period of
eighteen (18) months except dismissal for cause as defined
by Monroe County Employment Policies and Procedure Manual.
9. Employee may be terminated in the following manner:
Cal For Cause. Majority of three (3) Commissioners of
the County Coiivnission 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 procedures set forth
in the County Administration Law of 1974 also known
as Part III of Chapter. 125 Florida Statutes as
amended,
Cbl_ Termination Without Cause, A majority of three (3)
Commissioners of the County Commission may remove
the Employee at any time without cause by enactment
of a resolution at any regularly convened County
Commission ,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 by the Board, the County
Commission shall cause to be paid to the Employee, the balance
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e '
due him in salary for the remainder of this eighteen (18)
month contract, together with payment for accrued annual leave
not yet taken by him. Full payment shall be made by County
within twenty (20) days of 'such termination.
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
eighteen (18) month contract together with accrued annual leave
not yet taken by him. In addition, he shall receive his rea-
sonable attorney's fees and court costs incurred in success-
fully bringing said suit.
In the event that the Board shall vote to abolish the
office of County Attorney during Employee's term of office, the
same shall be deemed a removal without cause under the provision
of this subsection.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
COUNTY OF -MONROE, STATE OF FLORIDA
�y
Gl/
By T •
yor apC Chairman of the
oard of County Commissioners
of Monroe County, Florida
Attest;
(-S EAL )
E RK
41
t &I'Z,
LUC EN C. PROBY, JR.
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