Item R3 R.3
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
April 21, 2021
Agenda Item Number: R.3
Agenda Item Summary #3054
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
n/a
AGENDA ITEM WORDING: Approval of Third Addendum to the Employment Agreement with
County Attorney Robert Shillinger.
ITEM BACKGROUND: The County Attorney's Employment Agreement is scheduled to expire
on December 31, 2021. The proposed Second Addendum to that agreement would change the
expiration date to December 31, 2025. No other changes to the existing contract are proposed.
PREVIOUS RELEVANT BOCC ACTION: On 9/21/12, the Board entered into an employment
agreement with the County Attorney, which took effect on 11/1/12. On 7/20/16, the Board approved
the First Addendum to the Employment Agreement, extending the expiration date until 12/31/20.
On 7/15/20, the Board approved the Second Addendum, extending the expiration date until
December 31, 2020.
CONTRACT/AGREEMENT CHANGES:
Change termination date from 12/31/21 to 12/31/25
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
THIRD ADDENDUM TO EMPLOYMENT AGREEMENT Shillinger contract
Shillinger Agreement
Shillinger First Addendum
Shillinger Second Addendum
Shillinger CV as of March 2021
FINANCIAL IMPACT:
Effective Date: December 31, 2021
Expiration Date: December 31, 2025
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Total Dollar Value of Contract: $902,372.64,plus benefits and any merit/COLA.
Total Cost to County: same
Current Year Portion: $225,593.16 per year,plus benefits and any merit/COLA.
Budgeted: Yes.
Source of Funds: General, Risk, Planning Legal, and 304 Funds.
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: No
Revenue Producing: No If yes, amount: n/a
Grant: n/a
County Match: n/a
Insurance Required: n/a
Additional Details:
REVIEWED BY:
Cynthia Hall Completed 04/06/2021 8:49 AM
Bob Shillinger Completed 04/06/2021 1:00 PM
Purchasing Completed 04/06/2021 1:00 PM
Budget and Finance Completed 04/06/2021 1:02 PM
Maria Slavik Completed 04/06/2021 2:00 PM
Liz Yongue Completed 04/06/2021 2:59 PM
Board of County Commissioners Pending 04/21/2021 9:00 AM
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THIRD ADDENDUM TO EMPLOYMENT AGREEMENT
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Between the Board of County Commissioners of Monroe County and
Robert B. Shillinger, County Attorney
This Third Addendum to the Employment Agreement entered into September 21,
2012 ("2012 Agreement"), between the Board of County Commissioners of Monroe
County ("Board"), Florida and Robert B. Shillinger ("Attorney") for services as the County
Attorney, is entered into on this day of , 2021.
WHEREAS, the Attorney has served as County Attorney since November 1, 20121
and
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WHEREAS, the term of the agreement set forth in paragraph 5 A of the 2012
Agreement terminated at 5 pm on October 31, 2016; and
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WHEREAS, paragraph 5 B of the 2012 Agreement authorizes extension of the
term of the agreement by written addendum; and
WHEREAS, on July 20, 2016, the Board approved the First Addendum to the 0
Employment Agreement extending the expiration date until December 31, 2020; and
WHEREAS, on July 15, 2020, the Board approved the Second Addendum to the
Employment Agreement extending the expiration date until December 31, 2021; and
WHEREAS, the parties wish to extend the expiration date of this agreement until
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December 31, 2025; LU
IN CONSIDERATION OF the mutual covenants contained herein, the parties agree as
follows: LU
1. The 2012 Agreement entered into the parties on September 21, 2012, as amended
by the First Addendum entered into on July 20, 2016, as amended by the Second
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Addendum entered into on July 15, 2020, shall be further amended as follows:
a. Paragraph 5A shall be amended by changing the expiration date in the last
sentence in the paragraph from December 31, 2021 to December 31, 2025 LU
and shall now read:
Normal term. The normal term of this Agreement will be for a period of forty-
eight (48) calendar months, commencing at 9:00 A.M. on the 1st day of
November, 2012, and ending at 5:00 P.M. on the 31 st day of October, 2016.
Renewal and extension of this agreement shall commence at 5:00 P.M. on
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the 31St day of October 2016 and continue through 5:00 P.M. on the 31St
day of December 2025.
2. In all other respects, the Agreement entered into on September 21, 2012, as
amended on July 20, 2016 and July 15, 2020 shall remain in full force and effect.
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In witness whereof, the parties have caused these presents to be executed in their )
respective names on the date set forth above.
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Robert B. Shillinger, County Attorney
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(SEAL)
ATTEST: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor Michelle Coldiron
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EMPLOYMENT AGREEMENT (D) Ply
THIS AGREEMENT is entered into the day of 2012, by and between the
Board of County Commissioners of Monroe County('Board), Florida, a political subdivision of the
State of Florida, whose address is 500 Whitehead Street, Key West, Florida 33040, and Robert B.
Shillinger, an attorney licensed to practice law in the State of Florida, ("Attorney"), whose
residential address is 1106 10 Street,Key West,Florida 33040.
WHEREAS, Attorney is presently the Chief Assistant County Attorney; and
WHEREAS County Attorney Suzanne Hutton is retiring effective October 31, 2012;and
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WHEREAS, the Board voted on March 21, 2012 to hire Attorney as its County Attorney
effective November 1, 2012; and
WHEREAS, the parries have determined that the terms and conditions of this Agreement are
to the equitable benefit of both parties;
NOW, THEREFORE,the Board and Attorney hereby agree as follows:
1. Employment. Attorney is hereby employed by Board as County Attorney, which position shall
be a full-time position. Work hours performed, annual leave, personal leave, and sick leave hours
taken will be documented on a form or forms to be provided by Board. Board agrees that any
period of probationary service that may be applicable to the position of County Attorney under the
provisions of the Monroe County Personnel Policies and Procedures Manual is hereby waived.
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2. Sole Client. Except as provided for in Section 2-179 of the Monroe County Code, Attorney
agrees that he will not provide legal services, whether for a fee or pro bono, for any other person or
entity.
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3. Post-Employment Restrictions. Attorney agrees that, for a period of twenty-four (24) calendar
months from the effective date of termination of this Agreement, Attorney shall conform to the
requirements of Chapter 2, Article = Monroe County Code, governing lobbying and E
procurement ethics for former officers and employees, and shall not represent clients before the 2
Board or any of its advisory bodies.
4. Disclosure of Financial Interests. Section 112.3145, Florida Statutes, requires financial disclosure
by a "local officer," and subsection(1)(a) defines local officer to include "any person holding one or
more of the following positions: ...county or municipal attorney." Attorney agrees to make such W
disclosures on such forms and at such times as may be required by state law.
5. Term of Agreement; Termination.
A. Normal Term. The normal term of this Agreement will be for a period of forty-eight (48)
calendar months, commencing at 9:00 A.M. on the 1 st day of November, 2012, and ending at 5:00
P.M. on the 31"day of October, 2016.
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B. Extension of Term. The parries may extend the term of agreement by written addendum to this
agreement.
C. Termination of Agreement.
1. By Board for Cause. This Agreement may be terminated by Board for cause by a
majority vote of the Board of County Commissioners at a duly noticed public meeting.
At least fifteen(15) days prior to the date on which the agenda for the Board of County
Commissioners is prepared that contains the item of termination to be acted upon, Board
will provide to Attorney a detailed written statement of the reason or reasons for which
termination is being sought. The statement will include, but not be limited to, the act or
acts, omission or omissions, or default or defaults which form the basis for which
termination is sought, along with the relevant date or dates, time or times, and location
or locations. As used in this paragraph, "for cause" means (a) dishonesty with respect to
the business and operation of the Board; (b) confirmed violation of the Board's drug
policy; (c) refusal to cooperate in an investigation regarding any aspect of the business
or operation of the Board, which investigation is conducted by or at the express direction
of the Board; (d) conviction of a crime which is classified as a felony or a crime
involving moral turpitude, (e) gross neglect or willful or intentional misconduct; and (f)
"misconduct" as that term is defined in F.S. 443.036. If this Agreement is terminated by
the Board for cause as provided herein, Attorney shall be entitled to no severance pay as
that term is defined in F.S. 215.425(4) but Attorney shall be paid for the full amount
attributable for all accrued annual leave and accrued sick leave.
2. By Attorney for Breach. This Agreement may be terminated by Attorney upon a breach of
this Agreement by Board, provided the Board has not cured the breach within thirty (30) days
following receipt of the notice of the breach. If the breach has not been cured, termination will be
effective on the thirty-first day following receipt of written notice from Attorney by the Board.
Notice shall be deemed to be received by the Board if sent to the Mayor.
3. By Normal Expiration. This Agreement is terminated upon its normal expiration date as
stated in Section S.A. Upon normal expiration without a renewal, Attorney will be entitled only to
payment for salary through the effective date of resignation, plus for the full amount attributable for
all accrued annual leave and accrued sick leave.
4. By Board Without Cause. Board may terminate this Agreement without cause, effective
thirty (30) days after giving written notice to Attorney by hand delivery or US mail, sent certified,
return receipt requested, deemed effective notice upon receipt or attempted delivery. Such
termination will be by majority vote of the Board at a duly noticed public meeting. Upon the vote of
termination, Board and Attorney may agree that Attorney remain within the Office of the County ..
Attorney, accepting an Assistant County Attorney position, retaining Senior Management status,
and to be paid at an annual salary which shall be computed by adjusting the Attorney's annual
salary as of November 1, 2012, for all merit and cost-of-living raises which Attorney would have
received during the time of this contract had Attorney remained in his position as an Assistant
County Attorney and/or the Chief Assistant County Attorney, and to transfer all accrued sick and
annual leave to said position. In the event that the parties do not agree to Attorney remaining in the
Office of the County Attorney, within thirty(30) days after the effective date of termination, County
shall pay to Attorney a sum equal to twenty (20) weeks of the per annum salary which Attorney is
receiving as of the date of the vote of termination as severance, plus for the full amount attributable
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for all accrued annual leave and accrued sick leave. Upon payment in full or reappointment to an
Assistant County Attorney position, Attorney shall execute a general release in favor of all officers,
members, and employees of Board relating to any cause or causes of action Attorney has, had, or
may have related to the Agreement and the termination thereof. The general release shall encompass
all applicable federal, state, and local laws and ordinances relating to claims of illegal
discrimination, intentional and unintentional torts, whistle blower rights, and all other types of
claims whether known or unknown through the date of cancellation. To the extent that it is
prohibited by applicable federal, state or local law, this provision shall be deemed void and of no
effect.
D. Resignation. In the event that Attorney resigns from the position of County Attorney prior to the
normal expiration date of this Agreement, he shall be entitled only to payment for salary through the
effective date of resignation, plus for the full amount attributable for all accrued annual leave and
accrued sick leave. At least thirty days prior to the effective date of resignation, written notice of
resignation shall be delivered to the Mayor by hand delivery or US mail, sent certified, return
receipt requested, deemed effective notice upon receipt or attempted delivery.
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6. Compensation.
A Amount. The Board will pay to Attorney, as and for a base salary,the sum of ONE
HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($175,000.00)per annum for the first year
of employment. The base salary shall be increased 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.
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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 for any month paid pursuant to this
agreement during which the Attorney's certification remains active.
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
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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 of 70."
7. Transportation Allowance. Attorney agrees that he will be responsible for providing his 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 Monroe County Code Section 2-111, or its successor, or in the event of
the repeal thereof:, Chapter 112, Florida Statutes, with mileage calculated as if departure
commenced at the Monroe County-Dade County line and return ended at the Monroe County-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.
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8. Travel Reimbursement. Board agrees to pay to or reimburse Attorney for the costs of meals, other
expenses and lodging incurred by Attorney that may be necessary, required, or appropriate in
fulfilling Attorneys duties and responsibilities under this Agreement. Meals, other expenses and
lodging will be paid for or reimbursed at the rates specified in Monroe County Code Section 2-111,
or its successor, or in the event of the repeal thereof; Chapter 112, Florida Statutes. 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.
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9. Florida Retirement System. Board agrees that the position of County Attorney will be a position
classified as, and eligible for the benefits provided under, the Senior Management Service Class, in
accordance with Section 121.055, Florida Statutes. Board will contribute such amounts at such
times as is required by Section 121.055, Florida Statutes, and any other applicable law or statute.
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10. Duties and Responsibilities.
A. General. Attorney will have those responsibilities and perform those duties which are listed in
the attached Position Description (Attachment A), incorporated herein by reference. If a duty or
responsibility contained in the Position Description is in conflict with a duty or responsibility
contained in this Agreement,the duty or responsibility specified in this Agreement will prevail.
B. Exemptions. Nothing in this Agreement or in the Board's policies, rules, and procedures will
limit Attorney's right to make passive financial investments; to participate in charitable service or
work with charitable organizations and other community activities, including trade and professional
organizations; or to undertake other activities which do not interfere with the performance of
Attorney's duties under this Agreement, it being mutually agreed that Attorney's participation in
such activities is of benefit to the Board.
C. Availability. Attorney will be reasonably available to Board members and key Board staff
twenty-four(24)hours per day. Such availability will be by telephone or electronic messaging, or in
person. The Attorney shall provide his own cellular telephone and service at his own expense.
D. Ethical Considerations. Board and Attorney agree that, in general, it is the Board as a whole that
is the client entity of the Attorney. However, as recognized by the Rules of Professional Conduct of
The Florida Bar, the attomey-client relationship for organizational and governmental agencies is not
the same as the attorney-client relationship for private individuals, and Attorney's professional
relationship with the Board will be consistent with the requirements of Rule 4-1.13 of the Rules of
Professional Conduct.
E. Legal Opinions. Board and Attorney agree that from time to time Attorney will be requested to
render a legal opinion on matters of significance to the Board, the County Administrator, the
County Clerk, or other County Constitutional Officers. Board and Attorney agree that, consistent
with the ethical obligations of the Attorney to the Board, (1) all requests for an opinion will be in
writing; (2) all requests will be communicated to Attorney directly by or through a County
Commissioner, the County Administrator,the County Clerk, or other County Constitutional Officer;
and (3) all opinions rendered will be in writing, addressed to the Board of County Commissioners,
and will be over the signature of the Attorney. It is expressly agreed the Attorney will not entertain
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requests for, nor will render a written opinion to, individuals or entities who are members of the
general public or special interest groups, or who are representatives of governmental agencies
unless specifically directed to do so by a majority vote of the Board in a duly noticed public
meeting.
11. Professional Memberships. Attorney will maintain his membership in good standing with The
Florida.Bar and the City, County& Government Law Section of The Florida Bar; and may become
a member of, and maintain membership status in divisions or sections of The Florida Bar which are
pertinent to the issues addressed by the County Attorney's office. Additionally, Attorney may
become a member of the American Bar Association, the International Municipal Lawyers
Association, and a member of the pertinent sections or divisions the ABA and IMLA. All dues and
costs for obtaining and maintaining the memberships delineated above will be paid for by Board.
12. Local Liaisons. Attorney will maintain liaisons with the legal representatives of local
governmental and public agencies located within the geographical limits of Monroe County, to
include but not be limited to Islamorada, Village of Islands; City of Layton; City of Key Colony
Beach; City of Marathon; City of Key West; Florida Keys Mosquito Control District; Florida Keys
Aqueduct Authority; Monroe County Housing Authority; Key Largo Waste Water Treatment
District; and the School Board of Monroe County.
13. Office Space, Staff and Supporting Services.
A. Office Space. Board will provide office space for Attorney.
B. Staff. Board will provide sufficient qualified staff to the office of County Attorney to assist
Attorney in efficiently, productively, and professionally meeting the mission, goals, and objectives
of the County Attorney's office and the duties of the Attorney. Staff will include, but not be limited
to, attorneys licensed to practice law in the State of Florida, paralegals and/or legal assistants, and
administrative support.
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C. Supporting Services. Board will provide suitable utilities, telephone service, computer hardware
and software, electronic research and e-mail services, world wide web and internet access, books
and subscriptions, periodicals, office supplies, photocopy equipment, county web-page presence
and server access and storage space, postage, office equipment and furniture, and other similar
materials, equipment and services as may be necessary for the proper, productive, and efficient
operation of the office of County Attorney.
14. Annual Leave and Sick Leave; Transfer. Beginning with the first month of employment under ..
this Agreement, Attorney will earn and be credited with sick leave hours and annual leave hours at a
rate per month equal to the highest rate earned by any other employee or officer of Board. Attorney
shall retain all annual and sick leave accumulated as an assistant county attorney and as Chief
Assistant County Attorney. Attorney may accumulate unused annual leave without limit and no
unused annual leave shall be forfeited due to nonuse, any provisions of the Monroe County
Personnel Policies and Procedures Manual to the contrary notwithstanding.
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15. On Call. Due to the nature of Attorney's duties and the requirements of the position of County
Attorney, interference with Attorney's private life is to be expected and it is recognized that
Attorney may from to time absent himself during normal business hours for personal reasons;
however, Attorney shall remain reasonably available to Board members and key Board staff by
telephone or other electronic means.
16. Participation in Educational and Board-Related Events. Board agrees to budget for and to pay
the costs incurred by Attorney in attending seminars, continuing legal education courses, Board-
related events and out-of-county meetings as may be necessary or appropriate to Attorneys duties
and responsibilities under this Agreement. -
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17. Indemnification and Cooperation.
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A. Indemnification. The Board will defend, hold harmless, and indemnify Attorney against any tort,
professional liability, or other legal demand, claim, or action which is related directly or indirectly
to Attorney's actions in his capacity as County Attorney.
B. Cooperation. In the event of actual or threatened litigation and/or administrative proceedings
involving the Board which arise out of an action or actions which occurred or are alleged to have
occurred while Attorney was acting in his capacity as County Attorney and his prior capacities as
Chief Assistant County Attorney and Assistant County Attorney, Attorney will cooperate with the
Board and its counsel in defending and resolving the litigation or proceeding. In such regard, Board
agrees to pay Attorney's reasonable travel and subsistence expenses incurred in cooperating with the
Board and its counsel, including preparation for and actual discovery, settlement, and trial and
hearing or other resolution of such matters.
1. Attorney agrees that while this agreement is in effect, unless required by law, he will not
cooperate with or assist any party, person, or entity who has, had, or may have, or asserts that he,
she, or it has or may have any claim of any nature against the Board, its agents, officers, or
employees, unless the Board or its authorized agent expressly consents in writing to waive this
provision of this Agreement.
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2. Attorney shall not disclose to any person, party, or entity any confidential, proprietary,
time-sensitive, or non-public information relating to the Board or its operations unless required by E
law to do so.
18. Governing Law; Attorney's Fees and Costs; Venue. This agreement is made in the State of
Florida and shall be governed by Florida law. Venue for any action arising out of this agreement
shall be in Monroe County.
19. Form and Amendment of Agreement. This is the entire agreement between the parties and may
not be modified or amended except by a written document signed by the party against whom
enforcement is sought. 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. The
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prevailing party in any litigation, arbitration or mediation relating to this agreement shall be entitled
to recover its reasonable attorneys' fees from the other party for all matters, including, but not
limited to, appeals.
Wl`IEREFORE, the parties hereto have signed and sealed this agreement on the date first
above written.
(SEAL) BOARD OF COUNTY COMISSIONERS OF
Attest: DANNY L. KOLHAGE, Clerk MONROE COUNTY, FLORIDA
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By a By:
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Deputy Clerk Mayor/Chaff n
Witness s: ROBERT B. HILLINGER, ESQ.
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C& 6tf-Ce By:
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MONROE COUNTY
JOB DESCRIPTION
Position Title: COUNTY ATTORNEY Date: 05/22/00
Position Level: FLSA Status: Exempt Class Code: 17-1
GENERAL DESCRIPTION _
Primary function is to advise the Board of County commissioners,Division Directors and Department Heads on
all legal issues.
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KEY RESPONSIBILITIES
1. *Attend and advise at Board of County commissioner's meetings.
2. *Respond to Commissioner and staff inquiries;consider and advise on legal/policy issues. W
3. Drafts and/or approves county contracts.
4. *Review documents prepared by staff; revise same; review work of outside counsel and direct same.
5. *Represents County before legislative,public bodies and meetings,state cabinet,etc.
6. Make court appearances and litigation.
* Indicates an"essential"job 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.
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Attachment A
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Position Title: COUNTY ATTORNEY Class Code: 17-1 Position Level:
KEY JOB REQUIREMENTS
Education: Law Degree orequivalent doctoral degree required. _
Experience: Over 10 years.
Impact of Actions: The position has primary responsibility for the long-range future of Monroe County and
affects operation beyond the sco a of Monroe County Government.
Complexity: Multifaceted: Work is broad in scope covering virtually the entire County's operations. _
Policy,procedure,and precedent are created and/or approved by this position. Problem
solving requires understanding and evaluation of the impact on the County. 2
Decision Making: Multifacted: Supervision is present on a limited time basis to review broad objectives.
Independent judgment is required to review and approve major recommendations,
establish procedures,and coordinate technical and administrative recommendations with
County-wide policies.
Communication Requires continuing internal and external contacts involving difficult formal negotiations °'
with Others: calling for well-developed sense of timing and strategy and detailed explanation and
interpretation of policies,rules and regulations,and managing relationships at the highest
lcvel.
Mana,yc ri- Responsible for supervising multiple functions, with full responsibility for effective 'a
operation and results.
Working Conditions/ Work requires only minor physical exertion and/or physical strain. Work environment
Physical Effort: involves only infrequent exposure to disagreeable elements.
On Call None
Re uireitdo t.s.
Other: Must pass Florida Bar membership.
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APPROVALS
Department Head:
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Name: Signature: Date:
County Attorney:
Name: Suzanne A.Hutton Signature: Date:
Deputy County Administrator:
Name: Debbie Frederick Signature: Date:
On this date I have received a copy of my job description relating to my employment with Monroe County.
Name: Signature: Date:
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FIRST ADDENDUM TO EMPLOYMENT AGREEMENT
By and Between the Board of County Commissioners of Monroe County and
Robert B. Shillinger, County Attorney
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This First Addendum to the Employment Agreement entered into September 21,
2012 ("2012 Agreement"), by and between the Board of County Commissioners of r.0
Monroe County ("Board"), Florida and Robert B. Shillinger ("Att me ") for services as
the County Attorney, is entered into on this day of
2016.
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WHEREAS, the Attorney has served as County Attorney since November 1, •0
2012; and
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WHEREAS, paragraph 5 A of the 2012 Agreement terminates at 5 P.M. on 0
October 31, 2016; and E
WHEREAS, paragraph 5 B of the 2012 Agreement authorizes extension of the
term of the agreement by written addendum; and
WHEREAS, the parties wish to extend this agreement until December 31, 2020; U
NOW THEREFORE, IN CONSIDERATION OF the mutual covenants contained herein, U
the parties agree as follows:
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1. The 2012 Agreement entered into the parties on September 21, 2012 shall be
amended as follows: `0
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a. Paragraph 5 A shall be amended by adding two sentences to reflect an
extension of that agreement and the entire paragraph shall now read:
Normal term. The normal term of this Agreement will be for a period of
forty-eight (48) calendar months, commencing at 9:00 A.M. on the 1st day
of November, 2012, and ending at 5:00 P.M. on the 31st day of October,
2016. Renewal and extension of this agreement shall commence at 5:00
P.M. on the 31st day of October 2016 and continue through 5:00 P.M. on
the 31st day of December 2020. This First Addendum shall be construed
so there shall be no interruption in service by the Attorney.
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2. In all other respects, the Agreement entered into on September 21, 2012 shall
remain in full force and effect.
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In witness whereof, the parties have caused these presents to be executed in
their respective names on the date set forth above.
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Robert B. Shil nger, Con Attorney
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(SE,AL)
MY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS •y
OF MONROE COUNTY, FLORIDA
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puty Clerk Mayo e r Carruthers
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MONROE COUNTY
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ASSISTANT JOUNTY ATTORNEY
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AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY,FLORIDA
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DATE: August 2, 2016
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TO: Bob Shillinger,
County Attorney o
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ATTN. Kathy M. Peters, CP
FROM.• Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller
At the July 20, 2016 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item R7 Approval of First Addendum to the Employment Agreement with
County Attorney Robert Shillinger.
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500 Whitehead Street Suite 101,PO Box 1980,Key West FL 33040 Phone:305-295-3130 Fax:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
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SECOND ADDENDUM TO EMPLOYMENT AGREEMENT
Between the Board of County Commissioners of Monroe County and
Robert B. Shillinger, County Attorney
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This Second Addendum to the Employment Agreement entered into September
21, 2012 ("2012 Agreement"), between the Board of County Commissioners of Monroe
County ("Board"), Florida and Robert B. Shillinger ("A torney") for services as the County
Attorney, is entered into on this day of c 2020.
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WHEREAS, the Attorney has served as County Attorney since November 1, 2016;
and
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WHEREAS, paragraph 5 A of the 2012 Agreement terminated at 5 pm on October
31, 2016; and
WHEREAS, paragraph 5 B of the 2012 Agreement authorizes extension of the
term of the agreement by written addendum; and
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WHEREAS, on July 20, 2016, the Board approved the First Addendum to the W
Employment Agreement extending the expiration date until December 31, 2020; and
WHEREAS, the parties wish to extend this agreement until December 31, 2021; 0
IN CONSIDERATION OF the mutual covenants contained herein, the parties agree as
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follows:
1. The 2012 Agreement entered into the parties on September 21, 2012, as amended
by the First Addendum entered into on July 20, 2016, shall be further amended as U
follows:
a. Paragraph 5A shall be amended by changing the expiration date in the last
sentence in the paragraph from December 31, 2020 to December 31, 2021
and shall now read:
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Normal term. The normal term of this Agreement will be for a period of forty-
eight (48) calendar months, commencing at 9:00 A.M. on the 1st day of
November, 2012, and ending at 5:00 P.M. on the 31st day of October, 2016.
Renewal and extension of this agreement shall commence at 5:00 P.M. on
the 31 st day of October 2016 and continue through 5:00 P.M. on the 3181
day of December 2021.
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2. In all other respects, the Agreement entered into on September 21, 2012, as
amended on July 20, 2016 shall remain in full force and effect.
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In witness whereof, the parties have caused these presents to be executed in their
respective names on the date set forth above.
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vbert B. Shillinger, County Attorney
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OVIN
MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk May r He er Carruthers
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MONAOE COUNTY ATTORNEY
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R.3.e
ROBERT B. SHILLINGER, JR.
County Attorney
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, FL 33040
(305) 292-3470
sh ill inger-bob&monroecounty-fl.gov
BAR MEMBERSHIPS AND CERTIFICATIONS: * Florida (1995); Maryland (1996 - inactive);
U.S. District Courts for the Northern & Southern Districts (2003) of Florida; 11th Circuit Court of
Appeals (2005); & Supreme Court of the United States (2005). c
*Board Certified by Florida Bar as a specialist in City, County, & Local Government Law,
August 2004—present. x
PROFESSIONAL EXPERIENCE:
County Attorney November 2012 to present
Chief Assistant County Attorney April 2006 to October 2012
Assistant County Attorney December 2000 to April 2006
Monroe County Attorney's Office, Key West, Florida
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Principal lawyer and legal advisor to the Board of County Commissioners. Attend County )
Commission meetings and serve as parliamentarian to the Board. Responsible for the
legal review of resolutions, ordinances, contracts and instruments approved by the
Board. Supervise a staff of eight lawyers and five support personnel. Represent County 0
in litigation in federal and state courts, administrative proceedings, and before the
Florida Cabinet, which has oversight jurisdiction over Monroe County due to its F
designation as an Area of Critical State Concern. Supervise the County's Risk c
Management office. Also represent the County Constitutional Officers in certain matters,
and the County Canvassing Board.
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Prior to becoming County Attorney, served as Chief Assistant County Attorney for over 6 �?
years and Assistant County Attorney for over 5 years. In both capacities, primarily
litigated matters for the office with an emphasis on land use and other growth
management and code enforcement related matters.
Appellate Decisions. Neumont v. State, 967 So.2d 822 (Fla. 2007); *Hardin v. Monroe
County, 64 So.3d 707 (Fla. 3d Dist. 2011), rev. den. 2012 Fla. Lexis 1265; *Monroe c
County v. Sandra Carter(Carter 11), 41 So.3d. 954 (Fla. App. 3 Dist. 2010); rev. den. 54
So.2d 973; *Monroe County v. Sandra Carter(Carter 1), 14 So.3d 1019 (Fla. App. 3 Dist.
2009); *Key Largo Ocean Resorts Co-Op, Inc. v. Monroe County, et al., 5 So.2d 31
(Fla. App. 3 Dist. 2009), rev. den. 12 So.3d 752; Kessler v. Monroe County, 995 So.2d
505 (Fla. App. 3 Dist 2008); *Fla. Keys Citizens Coalition v. Walgreens, et al., 985 So.2d
543 (Fla. 3d DCA 2008); *Drewing v. Roberts, 912 So.2d 1235 (Fla. 3d DCA 2005); and
*Smart Planning & Growth Coalition v. Monroe County, 874 So.2d 592 (Fla. 3d DCA
2004); * = lead counsel. E
Assistant State Attorney September 1995 to December 2000
State Attorney's Office, 16th Circuit, Key West, Florida
Tried over 50 jury trials to verdict ranging from capital felonies to local ordinances.
Responsibilities included all phases of prosecution from investigations through post-
conviction relief.
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Executive Assistant/Press Secretary June 1992 to January 1993
U.S. Representative Frank Horton February 1988 to December 1990
Washington, D.C.
Directed the Upstate New York Congressman's efforts to secure Federal funding for
District projects. Advised him on legislative issues and policy matters. Wrote speeches
and press releases. Served as press contact and principal spokesman.
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Staff Assistant August 1987 to January 1988
U.S. Representative Jim Kolbe c
Washington, D.C.
Drafted legislative correspondence and performed staff work for Arizona Congressman.
EDUCATION:
University of Baltimore School of Law, Juris Doctor, Cum Laude, May 1995.
Wake Forest University, B.A. in Politics, History Minor, East European Studies, May 1987.
BAR ACTIVITIES:
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Florida Association of County Attorneys, Board of Directors Member, 2013 — present
Treasurer 2020-2021; elected Secretary for 1 year term starting July 2021
Florida Bar's City, County & Local Govt. Law Certification Committee, 2019 - present
Florida Bar Government Lawyer's Section, Executive Committee Member, 2015-2016
Judicial Nominating Commission, 16th Circuit, 2002 — present
Appointed by Governors Bush ('02, '03), Crist ('08), Scott ('12, `16) & DeSantis ('20)
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Elected Chairman 2006 — present
Marathon City Attorney Selection Committee, 2015
Key West City Attorney Selection Committee, 2006
Monroe County Red Mass Committee, 2007-present
COMMUNITY ACTIVITIES:
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Leadership Monroe County, Class XIX, 2011-2012
Member, The Basilica of St. Mary's Star of the Sea, 1995 - present
Knights of Columbus, 1995-present
Boy Scouts of America —various adult leadership positions, 2006-2017
Monroe County Red Mass Committee, 2007-present
PERSONAL:
Born and raised in Adelphi, Maryland ®_
Married: Mary D. Herrera-Shillinger
Two children: Natallie (1982) & Blake (1998); One grandchild: EJ (2006)
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