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Item F4LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: February 10, 2016 Department: Land Authority Bulk Item: Yes No X Staff Contact / Phone #: Ginny Stones / 294-0252 Agenda Item Wording: Approval of an employment agreement with Charles Pattison as Executive Director. Item Background: N/A Advisory Committee Action: N/A Previous Governing Board Action: On January 19, 2016 the Board selected Mr. Pattison as the top applicant for Executive Director and directed staff to negotiate an employment agreement with him. Contract/Agreement Changes: N/A Staff Recommendation: Total Cost: $ Indirect Cost: $ Budgeted: Yes _ No Cost to Land Authority: $ Source of Funds: Revenue Producing: Yes No _ Amount per Month: Year: Approved By: Attorney _ County Land Steward Documentation: Included: _ Not Required: EMPLOYMENT AGREEMENT This agreement entered into this day of February 2016, by and between the Monroe County Board of Commissioners acting as the Monroe County Comprehensive Plan Land Authority, a political subdivision of the State of Florida, hereinafter referred to as "Authority" and Charles G. Pattison, hereinafter referred to as "Employee." In consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: 1. Commencing April 4, 2016, the Authority hereby employs, engages, and hires Employee as the Executive Director to be the administrative head of the Authority and direct the Authority staff and to perform services as follows: (a) Attend meetings of the Authority Board of Directors as well as the Land Authority Advisory Committee, and render assistance, opinions, and advice as requested. (b) Confer with Authority members, Advisory Committee members, Monroe County staff, elected and appointed public officials, appropriate state and federal agencies, the general public, and public, nonprofit agencies in reference to Authority questions. (c) Meet with the above in both formal and informal meetings and/or individual contacts. (d) Provide written and oral options, advice, and guidance, as required, with respect to Authority business. (e) Direct and participate in the conduct of all affairs of the Authority. (f) Supervise a staff of professional and clerical employees. (g) Perform other related duties as required by Monroe County Ordinance No. 031-1986, as amended, which established the Authority. 2. Employee agrees that he will at all times faithfully, industriously, and to the best of his ability, experience, and talents, and in accordance with the code of ethics contained in the Monroe County Personnel Policies and Procedures Manual, perform all of the duties that may be required of and from him pursuant to the terms hereof. 3. The Authority shall pay Employee, and Employee shall accept from the Authority, in full payment for Employee's services hereunder, compensation as follows: (a) Salary of $125,000.00 per year. (b) All benefits and services received by Monroe County employees, including but not limited to medical and hospitalization insurance, life insurance, retirement, holidays, sick leave and Social Security benefits as provided in the Monroe County Personnel Policies and Procedures Manual and as it may be amended from time to time. (c) Cost of living raises as given to Monroe County employees. Annual performance evaluations shall be conducted by the Chairman of the Authority. The Chairman shall make the results of said evaluations known to all Authority members for considerations of merit raises. (d) The Authority shall reimburse Employee's reasonable moving expense(s) in an amount up to $5,000.00 4. Employee shall devote all of his time, attention, knowledge, and skills during working hours solely to Land Authority matters, and Employee shall not engage in the private practice sector. 5. The Authority shall appropriate funds as may be required to employ such administrative personnel as needed to maintain the Authority, including: legal, accounting, secretarial, and clerical assistance. 6. The Authority shall provide from Authority funds, office space, utilities, telephone services, facsimile services, custodial services, books, library, postage, office supplies, photocopy equipment, furniture, office equipment, including but not limited to a cellular phone and laptop computer as may be necessary for the proper and efficient functioning of the Authority. 7. The Authority shall reimburse the Employee for all eligible travel expenses on Authority business including use of Employee's private vehicle at standard rates and amounts provided to Monroe County employees. 8. The Authority shall reimburse the Employee for all tuition, costs, and eligible travel expenses associated with professional education programs related to his duties as Executive Director. The Authority shall reimburse the Employee for American Planning Association and American Institute of Certified Planners membership fees. 9. The Authority agrees to non -termination of this agreement for a period of forty-eight (48) months except as provided for in section 10 below. Prior to expiration of this agreement the Employee shall be given at least six (6) months' notice of the Authority's intent to extend or terminate the agreement. With the written agreement of both parties, this contract may be extended for similar periods. 10. The Employee may be removed from the position of Executive Director in the following manner: (a) Termination For Cause. A majority of three (3) Authority members may terminate the Employee for cause as set forth in Section 9 of the Monroe County Personnel Policies and Procedures Manuel and 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. (b) Termination Without Cause. A majority of three (3) Authority members may terminate the Employee at any time without cause by enactment of a resolution at any regularly convened Authority 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, the Authority shall cause to be paid to the Employee, salary for twenty (20) weeks together with Payment for accrued annual leave and sick leave not yet taken by him in the same amount and manner as paid to other Monroe County employees within twenty (20) days of such termination. Additionally, in the event that said Employee is removed by the Authority for cause under the provisions of paragraph 10(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 twenty (20) weeks, together with accrued annual leave and sick leave in the amount and manner as paid to other Monroe County employees not yet taken by him. In addition, he shall receive his reasonable attorney's fees and court costs incurred in successfully bringing said suit. In the event said legal challenge is resolved in favor of the Authority, Employee shall be liable to Authority for its reasonable attorney fees and costs. In the event that the Authority shall vote to abolish the office of Executive Director during Employee's term of office, the same shall be deemed a removal without cause under the provisions of this subsection. 11. The Employee may resign from the position of Executive Director at any time by providing the Chairman of the Authority sixty (60) days written notice. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. MONROE COUNTY LAND AUTHORITY, STATE OF FLORIDA By. David P. Rice, Chairman EMPLOYEE By: Charles G. Pattison Approved for Legal Sufficiency By: dee V. �St�on�easP,eA��� A