Item G5 G5
y;+ ' "tr, BOARD OF COUNTY COMMISSIONERS
County of Monroe , Mayor Michelle Coldiron,District 2
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{sJ ` °' 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
August 18, 2021
Agenda Item Number: G.5
Agenda Item Summary #8587
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Charles Pattison (305) 295-5180
9:15 A.M. Land Authority
AGENDA ITEM WORDING: Approval of a resolution designating the Executive Director
position for inclusion in the Senior Management Service Class of the Florida Retirement System and
approval to request Monroe County staff to submit and/or execute the associated SMSD-1 form if
necessary.
ITEM BACKGROUND: The employment agreement the Board approved with Christine Hurley
calls for the position of Land Authority Executive Director to be upgraded from the Regular Class to
the Senior Management Service Class of the Florida Retirement System (FRS). In order to
implement this re-classification, the Florida Statutes require that a Notice of Intent to designate the
position be publicly noticed. The required notice was published in The Citizen on July 30, 2021 and
August 6, 2021. Under the current FRS rate schedule, this re-classification will require the Land
Authority to increase the employer retirement contribution from 13.82% to 32.01% of Ms. Hurley's
annual salary. Although Ms. Hurley will not assume the duties of Executive Director until October
5, 2021, the effective date of the proposed resolution is October 1, 2021 to correspond with the FRS
monthly reporting cycle.
Staff s initial communication with FRS indicates FRS considers the Land Authority to be a
dependent special district. If FRS maintains this interpretation, the County's FRS Administrator will
be required to sign the SMSD-1 form and this action will consume one of the approximately 13
remaining positions the BOCC is allowed to designate as Senior Management Service Class.
ADVISORY COMMITTEE ACTION: N/A
PREVIOUS RELEVANT GOVERNING BOARD ACTION: On June 16, 2021 the Board
approved an employment agreement with Ms. Hurley requiring re-classification of the Executive
Director position to Senior Management Service Class.
CONTRACT/AGREEMENT CHANGES:
N/A
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G.5
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Resolution_revised
SMSD-1 Form
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Mark Rosch Completed 08/04/2021 8:48 AM
Charles Pattison Completed 08/04/2021 9:00 AM
Liz Yongue Completed 08/04/2021 11:18 AM
Board of County Commissioners Pending 08/18/2021 9:00 AM
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RESOLUTION NO. -2021
A RESOLUTION BY THE MONROE COUNTY COMPREHENSIVE PLAN )
LAND AUTHORITY DESIGNATING THE EXECUTIVE DIRECTOR
POSITION FOR INCLUSION IN THE SENIOR MANAGEMENT SERVICE
CLASS OF THE FLORIDA RETIREMENT SYSTEM; PROVIDING FOR AN
EFFECTIVE DATE.
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WHEREAS, the Florida legislature created a uniform system for attracting, retaining,
developing, and compensating highly competent senior-level managers at the highest executive ,
management level in order for the complex programs, divisions and departments of local
government to function effectively, efficiently, and productively; and 0
WHEREAS, Sections 121.021 and 121.055, Florida Statutes, define and govern
membership within the "Senior Management Service Class" of the Florida Retirement System,
enabling local agency employers to designate a specific number of non-elected positions within their w
respective agencies for inclusion within the Senior Management Service Class; and
WHEREAS, Section 121.055, Florida Statutes, provides that each position designated by
the local agency employer for inclusion within the Senior Management Service Class must be a
managerial or policy-making position, filled by an employee not subject to a continuing contract or
given Career Service protection, and who either heads an organizational unit or has responsibility
to effect or recommend personnel, budget, expenditure or policy decisions within that employee's
area of responsibility; and
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NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY, THAT:
1. Monroe County Comprehensive Plan Land Authority hereby designates the Executive
Director position for inclusion within the Senior Management Service Class of the Florida
Retirement System, as that term is defined in Section 121.055, Florida Statutes:
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2. As required by Section 121.055(1)(b)l.a, Florida Statutes, Notice of Intent to designate the
above-listed position was published once a week for two (2) consecutive weeks in a
newspaper of general circulation(The Citizen)within Monroe County. Proof of publications
is attached hereto as Exhibit"A."
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3. This Resolution shall be effective October 1, 2021. r i
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PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority, this
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18th day of August, 2021.
Commissioner Craig Cates
Mayor Michelle Coldiron
Commissioner Michael Forster
Commissioner Eddie Martinez
Chairman David Rice
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(Seal) 2
ATTEST: MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
Charles Pattison David P. Rice
Executive Director Chairman,
Approved as to form and legality: o
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Greg Oropeza, Esquire
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EXHIBIT A
Li
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext 219 F:(305)295-8025
legals@keysnews.com
MONROE CO LAND AUTHORITY
1200 TRUMAN AVE STE 207
KEY WEST FL 33040-7270 N
a
Mice of Intent to Designate Position for Inclusion
in the Senior Management Servlca Class
Account: 419929 Ticket: 3806085
Notice is hereby given that at its regular meeting to be held on
PUBLISHER'S AFI August 18,2021, beginning at 9:15 a.m.at the Harvey Government
Center, 1200 Truman Avenue,Key West,Florida,the Monroe County
STATE OF FLORIDA Comprehensive Plan Land Authority, will consider; adoption of a N
resolution designating the position of Monroe County Land Authority
COUNTY OF MONROE Executive Director for inclusion within the Senior Management Service
Class as defined in Section 121.055,Florida Statutes.
Section 2860105,Florida Statutes. If a person decides to appeal- U
Before the undersigned authority personally appeared any decision made by the Board with respect to any matter considered
( , at such hearings or meetings,he will need a record of the proceedings,
who on oath says that he or she is and for such purpose,he may need to ensure that a verbatim record
of the proceedings is made,which record includes the testimony and
w-- evidence upon which the appeal is to be based.
of the Key West Citizen,a daily ADA Assistance. If you are a person with a disability who needs
newspaper published in Key West,in Monroe County,Florida;that the attached special accommodations in order to participate in this proceeding,
please contact the County Administrator's Office, by phoning(305)
copy of advertisment,being a legal notice in the matter of was published in said 292-4441,between the hours of 8:30 a.m.-5:00 p.m.,no later than` CD
newspaper in the issues of: five;(5)calendar days prior to the scheduled meeting;it you are hearing
or voice impaired,call"711".
Friday,July 30,2021 Publication dates:Key West Citizen July 30,2021 and August 6,2021
Friday,August 6,2021 N
ay
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County,Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida every day,and
has been entered as periodicals matter at the post office in Key West,in said (n
Monroe County,Florida,for a period of 1 year next preceding the first publication
of the attached copy of advertisement;and affiant further says that he or she has
neither paid nor promised any,person,firm or corporation any discount, rebate,
commission or refund for turpose of securing this advertisement for publics
,tton in*Said ` wspap >
(Signature ofAf6ant)
Affi e i tbi"o;ed before me this d day of August 2021
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(N blic i natur >ry;
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(Notary Pu lic Prin ed Name) (Notary Seal)
My commission expires r
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Personally Known X Produced Identification_
6
Type of Identification Produced y
sue�nn Stamper
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COMMISSION#GG2
>' EXPIRES: Jule 27, 2022
Bonded'ffiru Aamn Notary
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SMSD-1 Florida Retirement System (IIIIIII IIII II'I III'I
Rev. 8/00 Senior Management Service Class Designated Position Form
Enrollment PO Box 9000
Tallahassee, FL 32315-9000
850-907-6500
Toll Free 844-377-1888
INSTRUCTIONS
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This form should be used only by State Public Defender Offices, State Attorney Offices and local agencies (disti
school boards, county agencies, community colleges, cities and independent special districts) designate
positions to the Senior Management Service Class (SMSC). The positions of Community College President, C
Manager, County Manager, appointed School Superintendent and most State government SMSC positions
compulsory and should not be designated on this form.
Under the provisions of Section 121.055, Florida Statutes, you may designate positions to be included in 1
Florida Retirement System's (FRS) SMSC.
The agency must:
Place appropriate notice of intent to designate position(s) in the SMSC in a newspaper
general circulation in the county or counties affected, once a week for two consecutive weeks
Complete the section below and submit this form (SMSD-1) to the Division of Retirement.
Comply with requirements and formula when designating positions to the SMSC.
The employee(s) must complete:
• State Agency Positions — Form SMS-1, Senior Management Service Optional Anne
Program Ballot/Enrollment Form.
• Local Agency Positions — Form SMS-3, Senior Management Service Class Ballot/Enrollmi ox
Form for local agency employees.
Agency Name: Agency Number
Position Title *Position Number **Date Position Effec. In ._
SMSC
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2.
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3.
*Position number should be 1 to 10 numeric digits. Numbers less than 10 digits should be preceded by zeros on your payrc
**Positions are effective the first of the month following the month the forms are received by the Division. 76
Please provide the total number of regularly established, filled positions reported by your agency to the Florida
Retirement System as of the date the position(s) are being designated to the SMSC:
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Our agency published the notice of intent to include the position(s) in the SMSC in the o
Name of Publication: Dates Position(s)Advertised:
Statement of Certification: I certify that the above position(s) has/have been designated by the employi GE
agency to be included in the Florida Retirement System's SMSC and that the position(s) meet the requirements
Section 121.055, Florida Statutes. Further, I acknowledge the documentation supporting the eligibility of t
position(s) for the SMSC is on file in our office.
Agency Head/Designee: Title: Date:
Rule 60S-1.0057, F.A.C.
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Section 121.055, Florida Statutes, establishes the Senior Management Service Class and sets forth the criteria for participation.
Although the Class was first established February 1, 1987, through subsequent legislation the criteria and requirements have bf
amended. Outlined below are the SMSC requirements for State and local agencies. Questions concerning the SMSC may
directed, in writing, to the Division of Retirement, P.O. Box 9000, Tallahassee, FL 32315-9000, or by calling (850) 488-8837 or
Free 1-877-377-3675
State Agency Senior Management Service Class (SMSC) requirements:
A position included in the SMSC requires the employee filling the position be a compulsory member in the SMSC, unless
incumbent elects in writing within 90 days of employment to participate in the State's Senior Management Optional Annuity Progr�
The following State positions are included in the SMSC:
Effective 02-01-87: All Senior Management Service positions with a State Agency.
Effective 01-01-90: Executive Director of the Ethics Commission, Auditor General and up to nine managerial or policy mak
positions within his office, all staff directors of Joint Committees of the Legislature, and up to 75 nonelective positions at the leve .
Committee Staff Director or higher, or equivalent managerial or policymaking positions within the House of Representatives
Senate as selected by the Speaker of the House of Representatives and President of the Senate, respectively. ur
Effective 01-01-91: Positions within the Executive Service of the State University System, University Presidents, and State Boarc
Administration senior managers who have policymaking authority and are so determined by the Governor, Treasurer, and Comptroll
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Effective 01-01-94: State Courts Administrator, Deputy State Courts Administrator, Clerk of the Supreme Court, Marshal of
Supreme Court, Justice Data Center Director, Executive Director of the Justice Administration Commission, Capital CollatE ,
Representative, Clerks of the District Courts of Appeals, Marshals of the District Courts of Appeals, and Trial Court Administrato
each judicial circuit are compulsory positions in the SMSC.
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Effective 01-01-94 Additional Designated Positions: The State Attorney and Public Defender in each judicial circuit may design
positions in their offices to the SMSC provided:
• a notice of intent to designate position(s) to the Class is published once a week for two consecutive weeks in a newspape
general circulation published in the county or counties affected:
x
• and the full-time positions are nonelective, managerial or policymaking filled by employees who serve at pleasure of as
employer without civil service protection, head organizational units or have responsibility to effect or recommend person
budget, expenditure, or policy decisions in their area of responsibility.
One nonelective full-time position may be designated for each State Attorney and Public Defender reporting to the Division
Retirement. Offices with 200 or more filled regularly established positions may designate additional elective positions provided ti .N
do not exceed 0.5 percent of the filled regularly established positions within the agency. A position designated to the SMSC shall
be removed from the Class unless the duties and responsibilities of the position change substantially and the position no longer me
the statutory requirements for SMSC participation or the position is abolished.
Local Agency Senior Management Service Class (SMSC) requirements:
A position included in the SMSC requires an employee filling the position to be a compulsory member of the SMSC, unless
incumbent elects to participate in a local annuity program. An employee of a local agency may make this election at any time wl
holding a position included in the SMSC. The following positions in local agencies are included in the SMSC:
Effective 01-01-90: Community College Presidents, appointed School Superintendents, County Managers/Administrators, and
Managers/Administrators are compulsory positions in the SMSC. 0.
Effective 01-01-94: Local agency employers may designate positions to the SMSC provided:
• a notice of intent to designate positions to the Class is published once a week for two consecutive weeks in a newspaper
general circulation published in the county or counties affected:
• and the full-time positions are nonelective, managerial or policymaking filled by employees that are not subject to a continu
contract who serve at the pleasure of the employer without civil service protection, and who head an organizational unil
have responsibility to effect or recommend personnel, budget, expenditure, or policy decisions in their areas of responsibility
Ten (10) nonelective full-time position may be designated for each local agency. Effective 06-17-98, local agencies with 100 or m
filled regularly established positions may designate additional nonelective positions provided they do not exceed 1 percent of
filled regularly established positions within the agency. A position designated to the SMSC shall not be removed from the CI;
unless the duties and responsibilities change substantially and the position no longer meets the statutory requirements for SM
participation or the position is abolished.
Rule 60S-1.0057, F.A.C.
Instruction Page 1 of 1
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