Item P15
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
ADD-ON
Meeting Date: March 15.2006
Division: County Attorney
Bulk Item: Yes
NoL
Department: County Attorney
AGENDA ITEM WORDING:
Approval of authority for Interim County Attorney to execute Personnel Action Form and any other
documents required to finalize cancellation of County Attorney's contract.
ITEM BACKGROUND:
At the 2/15/06 meeting, the BOCC cancelled the contract with the County Attorney. The terms of his
original agreement provide a formula for calculating a final payout. County procedure for final payment
requires processing a P AF, a copy of which is attached as back-up. Also provided as back-up is the
proposed release incorporating the release language of the original agreement and which has been
tendered to Mr. Collins. The agreement requires a release and a tendering of the final payout within
fifteen days after the effective date of cancellation.
PREVIOUS RELEVANT BOCC ACTION:
See Item Background.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: 5204.931.21
BUDGETED: Yes X_ No
COST TO COUNTY: 5204.931.21
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No2L
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing ~ Risk Manage
To Follow_
Not Required_
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
DISPOSITION:
AGENDA ITEM # PIS
Revised 2/27/01
Calculation of Combined Vacation/Sick/Gross Waaes for 9 months from Cancellation of Contract
Bal as of 2/18/06
3/4/2006
3/18/2006
4/1/2006
4/15/2006
4/29/2006
5/13/2006
5/27/2006
6/10/2006
6/24/2006
7/8/2006
7/22/2006
8/5/2006
8/19/2006
9/2/2006
9/16/2006
9/30/2006
10/14/2006
10/28/2006
11/11/2006
11/25/2006
12/9/2006
12/23/2006
Calculation of Net Pay
VaclSick/Gross Pay Out
Retirement (9.33%)
FL Bar Membership Dues
Am Bar Assoc Dues
Occupational License (Cty)
Occupational License (City)
Monroe Cty Bar Assoc
Upper Keys Bar Assosc
Total Gross
FICA (6.20%)
MEDICARE (1.45%)
Federal Withholding
Net Pay
Vacation
Accrual
Hourly
Rate
Sick
Accrual
Hourly
Rate
Sick Bi-Weekly
Pay Out Gross Waaes
Vacation
Pay Out
PIP
507.50
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7,00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
7.00
No accrual 1)
512.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
No accrual 2)
Adm Leave
Adm Leave
5,209.15
5,209.15 .
5,209.15
5,209.15
5,209.15
5,209.15
5,209.15
5,209.15
5,209.15
5,209.15
5,209.15
5,209.15
5,209.15
5,209.15
5,209.15
5,209.15
5,209.15
5,209.15
5,209.15
2,604.57 3)
Jf 1'1 C&, {,- ;
VaclSick
& Gross
654.50
65.1143 42,617.39
596.00
65.1143 38,808.19 101,578.42 183,004.00
183,004.00
14,474.10
299.99
410.63
22.50
206.25
28,13
28.13
198,473.73
3,579.61
2,877.87
68,298.29
123,717.96
f
').o<f, 9 3 I, '2- r
"}- ')... ~-
r ~ b, ~I
~((
Calculation of Cost to County
VaclSick/Gross,Benefits 198,473.73
FICA (6.20%) 3,579.61
MEDICARE (1.45%) 2,877.87
Total Cost To County 204,931.21 f"""
~
Exceotion to Standard Pay Rate. Vacation/Sick Accrual. and Reoortable Waaes to Retirement
Calculation of FICA
Gross as of 3/18/06
Total Gross Pay Out
Adj. Gross
FICA Max
Non-taxable FICA
Total Gross Pay Out
Non-taxable FICA
Taxable Gross
FICA (6,20%)
1 & 2) Employee does not accrue if in a non-paying status for more than 8 hours in a pay period.
3) PIP 12/23/2006
12/11-12/15
Hours Hourly Rate Gross Pay
40.00 65.1143 2,604.57
36,464.08
183,524.89
219,988.97
(94,200.00)
125,788.97
183,524.89
(125,788.97)
57,735.92
3,579.61
Mar 08 06 10:31a
II : ,'>,~:"," :,::L., ,..~'" '.' :~.::..""
I
EI\iJl>LOYl.:": N,\I\oU;: JOI.IN COL,LINS
First
J)IVISION: COUNTY 6J:I:ORNEY
p. 1
PAr I :<,~:'~S'.~:'~,.:.....:,:..:_" ,'.:'._'>~.~.Y :?i~:~:'.' I
S~I/-; .261.64-6189
,'ltfI
Lust
NI<:W/CLJKIU;l\T PII/FX'I: 347Q
J)I<;I~ARTMI~NT: COUNTY ATTORNeY
LOCATION: KEY WEST
ri()~!: 00l-6750J-120
-
ACCOt:yl' NIJ\1BER
HIRED:
BASE ENTRY LEVEL OR
_o/oABOVE ENTRY LEVEL (Justification Attached)
REPLACING:
DNEW POSITION: (JUSTIFICATION ATTACHED)
(Former Employee Name)
RESIGNED RETIRED TERMINATED DEMOTION PROMO OPPTY
ACCT/PROJ tf. CHG (above)D RECLASSIFIED 0 TRANSFER D SALARY INCREASE 0
TEMPORARY UP TO_ 0 SUSPWITHPAYDUNTIL_
..... ...... .......... ....... ~.l!.~r.~!li<?V.I?~ y.g.~X!h...... ....... 2:r:!!?~J~!~t............. ..............
: FROM .'OSITION TlTLF. COUNTY 6TI~9.~NFY CLASS COnF Jl:.L PUSITION1f -6XA.T()()~ :
: PAY STEP ~n~JJ~~JJ: SALARY ~l21UO~..9P_ I-IRI.,Y Ml9.J.:L RI.WEEK.L Y S4.?~.ilL.. HPW 40 :
....MN........................~~"~..............~.....................................~~...........~...........~.................
* Additional payout ofpt'ospective benefits all covered in Contract is attached.
l::<]TO BE PAID: ~AN:NUAL LEAVE I IHT/CT ~SICK LEAVE
nOO NOT PA Y N/A Per Contract
.........~........................M...............w.................M.~............~.............................................
: TO POSITION TITLE, . CI.ASS COOE _ POSiTION/1 :
: rAY Step SAI.ARY S HRI.Y _HI-WEEKLY L-. HPW 40
............_.~..............~....~...............................~...............~..........._.........................M~.......
~~F...EenvE DATI<~: Mar. 18, 2006
Health and Life Benefits will terminate on Decem.ber 18, 2006
APPROVAL SIGNATURES:
SlJPERVISOI{
J~crmission To Orive Wcndin~ I)L Check): LlvES"-Ol\O
IlF.PARTMI<:NT "IEAD
OATE
DATE
OIVISION I>IRECTOI~
I>ATR
BELOW FOR PERSONNEL USE ONLY
N I:W U1RFSIPROMOTIONS/RFCLt\~SIFlCA TrONS
'"1.n.,,l. 0
1111.ll1l\ 0
[)I' I j,'. \"'h 0 .
1{L'l'('hhD
(hil-'. ^1lI)
('l....>,;klisl 0
l,lUll1 ShL'l:IO
P,,~I .1 )'.. dr.
,",'Cl.rd 0
-'.:tiO I ,II ! 0
I'milll\:
W:liv,,'O
TrallSCl'iJlI D
I\Ie .'i/ ( 'olll
SuhO
s''1f.:1y ~~~,ilivc 0
( 'rill\ir~lI
Ilcl>;/,!fJ chwk 0
l,llhcr L1
hwml:r Empluyee 0
EXEMPT 181
SFWARATIONS
Orig Rcsig l-'ltlcrQ
Educ Rcimb past :yrO
,vatU} HR Cool'll 0
Rcsig Quest SetltD
Orig Term u.::ttcrD
RctirclUl1t Fllmu; Ct1ll1l'D
l~etircl11cnt Bookll,ll~ 0
NON EXEMP'I' 0
^b.lYC Entry Ju!ilil: 0
( \.tnpariSllI1 KL'JXlrl 0
CDDlpUIC't Input;
Et.:O
IlOH"=:= (tentp 10 rCl:,
~r.Dt to (oullty)
..:0 NlsD I'll ":0
OAI,L ^C"'ON~
-- (X'I'.,(Y(.'H__.
Pl:rsol1l1c1 J.U:pl'~-";~~lItaliv('
.~ ~1/0./p
nart
OMR
nntl:
EEO OffiCCT
Date
Employee Services Divi.'lion Director
l2I Deputy/ County Administrator
Date
Date
Mar 08 06 10:31a
p.3
M)DlTIONM. P A YOU"}, QF PROSPECTIVE BENEFCCSj\S_COVEREf> IN CQ.~JRACT
Pruli.:s~ional Mcmbcrsh.in~:
The Florida B(Il" - Membership Due... $400.00 - (paid thru 06/30/06)
$ 299.99
410.63
22.50
206.25
2S.13
28,13
American Bar A$sociution -- Membership Du\,;S $547.50 (Paid thru 08/31/06)
Dunisc D. Henriques, Tax Collector '. Occupational License ~ $30.00 / I 2 x 9 =
City Of Key West - Occupational License - $275.00 / 12 x 9--:
Monroe County Bar Association - $37.50 /12 x 9 '""
Upper Keys Bar Association - $37.50/12 x 9 ""
Tnmsporlatiol1 Allowance - $550.00 Month (To be paid out in lump sum as if employed until
12/] 7/06)
Salary - Same as now $128,838.00 (fo be paid out in lump sum as iferopJoyed until 12/17/06)
FRS - Covered on PAP
Sick Leave - 596 hrs_ (as of pay period cnding 12/18/06512 hrs +21 remaining pay periods).
Vacation LC<'lVC' '654.50 1m. (as of pay period 12/18/06507.5 hrs -I- 21 remaining pity period::;).
Insurance Covered BeneIits on P AF ( no p"yout)
Full and Final Release of All Claims
This release is made on the _ day of ,2006, by John R. Collins (referred to as "Attorney"),
to the Board of County Commissioners of Monroe County, Florida (referred to as "County").
WHEREAS, the parties entered into an employment contract (referred to as "Employment Agreement"
or "Agreement") commencing on January 15, 2003, for a term of four years; and
WHEREAS, the Agreement provides in Section 6.D for cancellation of the agreement prior to the
normal expiration by a majority vote of the Board and providing to Attorney 30 days written notice of the
cancellation; and
WHEREAS, the County did, by a majority vote of the Board of Cou
15, 2006, cancel the Agreement under the Section 6.D. "without cause"
issioners on February
ns of said Agreement; and
WHEREAS, the notice of the cancellation was delivered by
2006; and
WHEREAS, Section 6.D. of the Agreement sets fo
fifteen days of the effective date of cancellation, of a s
the Attorney will execute a general release in favor 0
relating to any cause of action the Attorney "has, had, or
cancellation thereof;" and
payment within
. . ed therein,
f the County
eement and the
WHEREAS, payment has been tendered
t 73.73, and the continuation of
ber 18, 2006, constitutes the full
Now therefore, 1, J
of health insurance
2006, as follows:
1. Attor e
County
Agre
s
onsideration of $198,473.73, and the continuation
ium cost to Attorney through December 18,
r of all officers, members, and employees of the
s on Attorney has, had, or may have related to the
f. This general release will encompass all applicable federal,
ting to claims of illegal discrimination, intentional and
, and all other types of claims whether known or unknown
throug of th Agreement.
2. nd agrees that this release is rendered upon receipt of compensation set
forth above nd satisfaction of any claims that the undersigned has, had, or may have
against the Co sors and assigns, and its respective officers, agents, employees and their
heirs, executors, ators, successors, and assigns; that any injuries or damages and the legal
liability for them ar uted and denied by County; and that payment of the settlement sum and other
consideration given n this agreement is not to be construed as an admission of liability by County, by
whom liability is denied.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this _ day of
, 2006, at , Florida.
John R. Collins
Full and Final Release of All Claims
This release is made on the _ day of ,2006, by John R. Collins (referred to as "Attorney"),
to the Board of County Commissioners of Monroe County, Florida (referred to as "County").
WHEREAS, the parties entered into an employment contract (referred to as "Employment Agreement"
or "Agreement") commencing on January 15, 2003, for a term of four years; and
WHEREAS, the Agreement provides in Section 6.D for cancellation of the agreement prior to the
normal expiration by a majority vote of the Board and providing to Attorney 30 days written notice of the
cancellation; and
WHEREAS, the County did, by a majority vote of the Board of Cou
15, 2006, cancel the Agreement under the Section 6.D. "without cause"
'inplissioners on February
ns of said Agreement; and
WHEREAS, the notice of the cancellation was delivered by
2006; and
WHEREAS, Section 6.D. of the Agreement sets fo
fifteen days of the effective date of cancellation, of a s
the Attorney will execute a general release in favor 0
relating to any cause of action the Attorney "has, had, or
cancellation thereof;" and
payment within
. ed therein,
f the County
eement and the
WHEREAS, payment has been tendered
3.73, and the continuation of
er 18, 2006, constitutes the full
onsideration of $198,473.73, and the continuation
ium cost to Attorney through December 18,
or of all officers, members, and employees of the
s on Attorney has, had, or may have related to the
. This general release will encompass all applicable federal,
ating to claims of illegal discrimination, intentional and
, and all other types of claims whether known or unknown
of t Agreement.
e any rights or claims that may arise after the date the waiver is
t waive any rights or claims he may have against any County officer,
er individual capacity, regardless of whether the claim or right arose
xecution of this General Release.
2. Attorney understands and agrees that this release is rendered upon receipt of compensation set
forth above as full settlement and satisfaction of any claims that the undersigned has, had, or may have
against the County, its successors and assigns, and its respective officers, agents, employees and their
heirs, executors, administrators, successors, and assigns; that any injuries or damages and the legal
liability for them are disputed and denied by County; and that payment of the settlement sum and other
consideration given in this agreement is not to be construed as an admission of liability by County, by
whom liability is denied.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this _ day of
, 2006, at , Florida.
John R. Collins