1. 11/20/2012 AgreementDANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: December 10, 2012
TO: Thomas Ravenel, Assistant Finance Director
Finance Department
ATTN:
Payroll Department
FROM:
Pamela G. Hand C.
At the November 20, 2012, Board of County Commissioner's meeting the Board granted
approval of the following:
Item F12 Employment Agreement and confirmation of Pamela A. Johnson as Executive
Assistant to Commissioner Sylvia J. Murphy, District 5.
J Item F 13 Employment Agreement and confirmation of Isabel C. DeSantis as Executive
Assistant to Commissioner Danny L. Kolhage, District 1.
Attached is a copy of each of the above - mentioned for your handling. Should you have
any questions please feel free to contact our office.
cc: County Attorney w/o document
File
EMPLOYMENT AGREEMENT
BETWEEN MONROE COUNTY, FLORIDA
AND
ISABEL C. DESANTIS
FOR POSITION OF
EXECUTIVE ASSISTANT TO COMMISSIONER DANNY L. KOLHAGE
THIS AGREEMENT is entered into upon the date last below written by and between
Monroe County, Florida, acting through its Board of County Commissioners ( "Board or
"BOCC "), a political subdivision of the State of Florida, whose main business address is 1100
Simonton Street, Key West, Florida 33040, and Isabel C. DeSantis ("Employee ").
WHEREAS, the position of Executive Assistant to County Commissioner Danny L.
Kolhage, District I, is currently open; and
WHEREAS, the BOCC has solicited applicants for the position; and
WHEREAS, Employee has interviewed and been selected for the position; and
WHEREAS, negotiations between the County and Employee have resulted in this
mutually acceptable Employment Agreement ( "Agreement ");
NOW THEREFORE, in consideration of the mutual promises contained herein the
County and Employee set forth herein, it is mutually agreed as follows:
1. EMPLOYMENT. Employee is hereby employed by the County as executive
assistant to County Commissioner Danny L. Kolhage ( "Commissioner "). Employee understands
that he or she will initially be hired as an Emergency Temporary employee. Upon ratification by
the Board of County Commissioners, the status of the Employee will then be converted to
Contract Employee as that term is defined in Section 2.03 of the Personnel Policies & Procedures
Manual ( "Manual "), however, the date of hire will be treated as the date on which the Employee
was hired as an Emergency Temporary employee, and the Employee will be eligible for any and
all fringe benefits from the date of hire in accordance with the terms and conditions set forth in
the Manual.
2. DUTIES. Duties of the Employee will be as set forth in the Job Description
attached hereto as Exhibit A, the provisions of which are incorporated herein by reference.
3. COMPENSATION. In return for performance of the duties set forth in Exhibit A,
including but not limited to specific duties assigned by the Commissioner from time to time,
Employee shall receive an annual salary in the amount of $62,000.00. Except as otherwise set
forth herein, the Employee shall also receive all benefits set forth in the Monroe County
Personnel Policies & Procedures Manual ("Manual ") as said Manual may be amended from time
to time. County and Employee agree that the position of Executive Assistant will be a full -time
position deemed non - exempt under the Fair Labor Standards Act. Work hours performed,
annual leave, personal leave, and sick leave hours taken will be documented on a form or forms
to be provided by County.
4. SOLE EMPLOYMENT. The Employee agrees that he or she will not perform
any work, consulting services, or other activities for any other person or entity, whether for
remuneration or at no charge, without the prior express written approval of the Commissioner.
5. TERM OF AGREEMENT; TERMINATION; CANCELLATION; GENERAL
RELEASE. The Employee understands that the appointment is a relationship that is highly
dependent upon the personal and confidential relationship between the Employee and the
Commissioner. In entering into this Agreement, the Employee therefore understands that he or
she serves at the pleasure of the Commissioner; that there is no set term to this Agreement; and
that the Employee can be terminated at any time upon twenty -four hours' written notice by the
Commissioner, with or without cause, but that in any event the Agreement will terminate at the
conclusion of the term of current office of the Commissioner. The Employee further understands
that in the event of termination, the Employee is free to apply to the County for any other
position then currently open and the County is free to consider the Employee for any open
position, but that County has no obligation to place the Employee in another position, and
specifically has no obligation to place the Employee in a position of equivalent or comparable
salary, grade, or benefits. In entering into this Agreement, the Employee therefore specifically
waives the right to utilize the grievance procedure set forth in Sections 9 and 10 of the Manual;
House Bill No. 2658, Chapter 69 -1321, the Monroe County Career Service Council; as well as
any rights to which a Monroe County employee would otherwise be entitled under Chapter 447,
Florida Statutes. As used in this paragraph, the term "for cause" will mean (a) dishonesty with
respect to the business and operation of the County; (b) confirmed violation of the County's drug
policy; (c) refusal to cooperate in an investigation regarding any aspect of the business or
operation of the County, including but not limited to an investigation which is conducted by or at
the express direction of the BOCC; (d) conviction of a crime which is classified as a felony or a
crime involving moral turpitude; (e) gross neglect or willful and intentional misconduct; (f)
conviction of a crime; (g) violation of a provision of the Monroe County Code; or (h) breach of
any material term or condition of this Agreement by the Employee.
6. ATTORNEYS' FEES AND COSTS. In the event of any litigation initiated by
either party, the prevailing party shall receive reasonable attorneys' fees, costs of litigation, and
related expenses, both at the trial and appellate levels.
7. GOVERNING LAW; ATTORNEY'S FEES AND COSTS; VENUE. This
Agreement is made in the State of Florida and will be governed by Florida law. This Agreement
may be signed in more than one counterpart, in which case each counterpart will constitute an
original of this Agreement. Paragraph headings are for convenience only and are not intended to
expand or restrict the scope or substance of the provisions of this Agreement. Wherever used
herein, the singular will include the plural, the plural will include the singular, and pronouns will
be read as masculine, feminine, or neuter as the context requires. Monroe County, Florida will
be the proper venue for any litigation involving this Agreement. This Agreement is not subject
to arbitration.
OTHER TERMS AND CONDITIONS.
A. Except as set forth herein, the Employee is subject to all terms and
conditions set forth in the Monroe County Personnel Policies & Procedures Manual ( "Manual ")
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as may be amended from time to time. To the extent there is a conflict between the terms of this
Agreement and the Manual, the terms of this Agreement shall prevail.
B. If any provision, term, or portion of this Agreement shall be held to be
unconstitutional, illegal, invalid, or enforceable by a court of competent jurisdiction, the
remaining terms, conditions, and portions shall remain in full force and effect as if originally
agreed to without the term, condition, or portion that has been determined to be unconstitutional,
illegal, invalid or unenforceable.
C. The waiver by either the County or the Employee of a breach or violation
of any term or provision of this Agreement by the other party shall not operate or be construed as
a waiver of any subsequent breach or violation by the other party.
D. The County and Employee acknowledge that each has shared equally in
the review of this Agreement and, accordingly, no court or administrative hearing officer shall
construe any provision of this Agreement more strictly against one party over the other party,
and every term, condition, covenant, and provision of this Agreement shall be construed simply
according to its fair meaning. Employee further acknowledges that she or he has had the
Agreement reviewed by an attorney, or has been given the opportunity to do so and has waived
that opportunity.
E. This Agreement incorporates and supersedes all prior negotiations,
correspondence, conversations, agreements, and /or understandings applicable to the matters
contained herein. It is further agreed that there are no commitments, agreements, inducements,
or understandings concerning the subject matter of this Agreement that are not contained herein,
and no deviation from the terms hereof shall be predicated upon any prior representations, offers,
promises, inducements, or agreements, whether oral or written, and by whomever made.
F. The text herein constitutes the entire agreement between the Employee
and the County, and this agreement cannot be amended except by a written document mutually
agreed to and executed with the same formalities as this Agreement. The rights and obligations
of this Agreement are personal to the Employee and cannot be assigned or transferred.
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IN WITNESS WHEREOF, tle parties hereto have set their hands and seals, in the
County of Monroe, Florida, this ay of November, 2012.
WITNESS:
On behalf of Monroe County, Florida
Roman Gastesi, County Administrator
Employee
By: By:
[Print Name:] Isabel C. DeSantis
MO OE COUNTY ATTORNEY
R ED A ht F ffl M.
YNTHIA L. HALL
ASSIS ANT COUNTY ATTORNEY
Data _(o -30 2 ;L
MONROE COUNTY
JOB DESCRIPTION
Position Title: EXECUTTVE ASSISTANT TO COUNTY COMMISSIONER Date: 11/12/2008
Position Level: 9 FLSA Status: Non-Exempt Class Code: 9 -91
GENERAL DESCRIPTION
Primary function is to perform highly specialized office and administrative work in supporting a County
Commissioner.
KEY RESPONSMILTTIES
1. *Act as personal secretary and or administrative aide.
2. *Prepare and/or research agenda items.
3. Assist in drafting and production of complex written correspondence and presentations.
4. Read, sort, and distribute all incoming and outgoing mail, as well as receive and screen callers.
5. Maintain Commissioner's calendar and schedule, and make travel arrangements.
6. Help prepare annual budget and perform daily routine budgetary functions.
7. Take and transcribe dictation, i.e., letters, memos, and independently prepare routine letters, etc.
8. Take and transcribe minutes of meetings.
9. Perform routine clerical functions (typing, filing, copying documents).
10. Perform other duties as assigned by the Commissioner.
* Indicates an "essential" 'ob function.
The information on this description has been designed to indicate the general nature and level of work
performed by employees within this classification. It is not designed to contain or be interpreted as a
comprehensive inventory of all duties, responsibilities and qualifications required of employees assigned to this
'ob.
Position Title: EXECUTIVE ASSISTANT TO COUNTY CIass Code: 9 -91 Position Level: 9
COMMISSIONER
APPROVALS
Department Head:
Name: Signature: Date:
Division Director.
Name: Signature: Date:
County Administrator.
Name: Signature: Date:
On this date I have received a copy of my job description relating to my employment with Monroe
County.
Name: Signature: Date:
KEY JOB REQUIREMENTS
Education:
H.S. Diploma or GED required,
Exp erience:
3 to 5 years.
Impact ojActions:
Makes decisions and final recommendations which routinely affect the activities of the
Commissioner's office.
Complexity:
Analytic: Work is non - standardized and widely varied requiring the interpretation and
application of a substantial variety of procedures, policies, and/or precedents used in
combination. Frequently, the application of multiple, technical activities is employed;
therefore, analytical ability and inductive thinking are required. Problem solving involves
identification and analysis of diverse issues.
Decision Making. •
Analytic: Supervision is present to establish and review broad objectives relative to basic
position duties or departmental responsibilities. Independent judgment is required to
study previously established, often partially relevant guidelines; plan for various
interrelated activities; and coordinate such activities within a work unit or while
completing a project.
Communication
Requires regular contact with the public, County employees, and other government
with Others.
officials. This person will be the Commissioner's primary liaison to the public and
others.
Managerial Skills:
Has responsibility or Lu*arity which is limited to the direction of temporary workers.
Working Conditions/
Work requires only minor physical exertion and/or physical strain. Work environment
Physical Effort,
involves only ent exposure to disagreeable elements.
On Call
At the sole direction of the County Commissioner.
Requirements:
APPROVALS
Department Head:
Name: Signature: Date:
Division Director.
Name: Signature: Date:
County Administrator.
Name: Signature: Date:
On this date I have received a copy of my job description relating to my employment with Monroe
County.
Name: Signature: Date: