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Item P14* REVISED BACK—UP * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9/21/12 - MAR Department CouM Attorney Bulk Item: Yes X No Staff/Contact Person: Bob Shillinger x3470 AGENDA ITEM WORDING: Approval of Letter of Reprimand admonishing County Administrator Roman Gastesi for his actions pursuant to the findings and recommendations contained in the Monroe County Grand Jury report on the iPhone/iPad investigation and direction to staff for permanent placement in the County Administrator's personnel file. ITEM BACKGROUND: On 9/10112, the BOCC held a special meeting to discuss the Monroe County Grand Jury Report detailing their findings and recommendations regarding their iPhoneliPad investigation involving County staff and County property. Following discussion, the Board directed staff to prepare a Letter of Reprimand admonishing County Administrator Roman Gastesi for his actions pursuant to the findings and recommendations contained in the Grand Jury Report to be brought back to the Board for approval and direction to staff for permanent placement in the County Administrator's personnel file. PREVIOUS RELEVANT BOCC ACTION: 9/10/12 BOCC directed staff to prepare Letter of Reprimand and bring back to BOCC for approval/direction for placement in the County Administrator's personnel file CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes N/A No — DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No APPROVED BY: County Atty X AMOUNT PER MONTH Year OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # P-14 Revised 7/09 * REVISED RACK —UP: How includes proposed Letter ot Reprimand i f ,.---- BOARD OF COUNTY COMMISSIONERS ---1 ii l,1 '''' Mayor David Rice,District 4 Mayor Pro Tern Kim Wigington,District 1 -.- = ` ',. �'- Heather Carruthers,District 3 � ` 1 George Neugent,District 2 a r• , '.",.+r;,•, OUNTY o MONROE ��`,�.;, '� � � Sylvia Murphy,District 5 KEY WEST FLORIDA 33040 c r' r ., (305)294-4641 j �^ '�'i i. .J, #fit : September 21, 2012 Roman Gastesi, Jr. '' r County Administrator 6,5 >r ,,,,t, ,11ci, 1100 Simonton Street Key West, Florida 33040 Re: Letter of Reprimand Dear Mr. Gastesi: On behalf of the County Commission, I issue this letter of reprimand to you as a result of your conduct in the iPhone/iPad matter, which became the subject of a Grand Jury inquiry. You have admitted that you purchased four iPhones and one iPad for personal use from the former Senior Administrator of the County Technical Services Department,which, it turns out, she had purchased with County funds. While there is no credible evidence establishing that you knew these items had been purchased with County funds and apparently appropriated by said former Senior Administrator for personal gain, your conduct nevertheless merits censure. By engaging in these transactions, you have taken advantage of your public position for personal gain contrary to the County's Code of Ethics and to the standards set forth in your employment agreement. As the County Administrator, you are to be held to a higher standard of conduct than other employees. In fact, you are expected to set the example for all other employees to follow. In this matter, you have failed to meet that expectation. Furthermore, as the County's chief administrative officer, you should have realized that an employee with procurement authority should not be selling for cash any items of the same type as procured for the County. A person in your position should have recognized the potential for improper dealings by the person who sold the items to you. While your conduct in this episode has caused considerable embarrassment to the County and distraction from our mandate, we find that your overall performance as County Administrator, to date, has been a benefit to the County. We therefore decline to exercise our right to terminate your employment agreement and issue this letter of reprimand instead. However, you are hereby placed on notice that any further incidents of this nature or others causing disrepute to the County will not be tolerated. Sincerely, DAVID RICE, Mayor Board of County Commissioners Monroe County, Florida cc: Personnel File—Roman Gastesi, Jr. County Commission Danny L. Kolhage, Clerk BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9/21/12 - MAR Department County Attorney Bulk Item: Yes X No Staff/Contact Person: Bob Shillinger x3470 AGENDA ITEM WORDING: Approval of Letter of Reprimand admonishing County Administrator Roman Gastesi for his actions pursuant to the findings and recommendations contained in the Monroe County Grand Jury report on the iPhone/iPad investigation and direction to staff for permanent placement in the County Administrator's personnel file. ITEM BACKGROUND: On 9/10/12, the BOCC held a special meeting to discuss the Monroe County Grand Jury Report detailing their findings and recommendations regarding their iPhone/iPad investigation involving County staff and County property. Following discussion, the Board directed staff to prepare a Letter of Reprimand admonishing County Administrator Roman Gastesi for his actions pursuant to the findings and recommendations contained in the Grand Jury Report to be brought back to the Board for approval and direction to staff for permanent placement in the County Administrator's personnel file. PREVIOUS RELEVANT BOCC ACTION: 9/10/12 BOCC directed staff to prepare Letter of Reprimand and bring back to BOCC for approval/direction for placement in the County Administrator's personnel file CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes N/A No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty / ° OMB/Purchasing Risk Management DOCUMENTATION: Included TBP Not Required DISPOSITION: AGENDA ITEM # Revised 7/09