Item C12BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Dec 12, 2012
Bulk Item: Yes X No
Division: Employee Services
Department: Human Resources
Staff Contact /Phone #: T ere s a Aguiar X445 8
AGENDA ITEM WORDING: Approval to amend the employment agreement of Carol Schreck as
Executive Assistant to Commissioner Heather Carruthers to increase base salary to $52,000, and
authorization for County Administrator to execute the amended agreement.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION: Approval of Employment Agreement at the BDCC
meeting of December 17, 2008.
CONTRACT/AGREEMENT CHANGES: Paragraph 3. Compensation.
STAFF RECOMMENDATIONS: Approval.
Plus benefits
TOTAL COST $52,000 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
Plus benefits
COST TO COUNTY: 152 000 SOURCE OF FiJNDS: _Ad Valorem,
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
P,)14-
APPROVED BY: County Atty C OMB1Pu� phasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SAY
Contract with: Carol Schrek
Contract #
Effective Date: December 12, 2012
Expiration Date:
Contract Purpose/Description:
Amended Employment agreement to serve as aide to Commissioner Carruthers, District
3 to increase base salary -to- $52,000/year.
Contract Manager: Teresa Aguiar
X4458 County Administrator
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 12/12/2012
Agenda Deadline: 11/27/2012
CONTRACT COSTS
Total Dollar Value of Contract: $ 529000/ Current Year Portion: $
Budgeted? Yes
Grant: $
County Match: $
yr +ben.
No ❑ Account Codes: -MO/ L6i 1) 1 ac)
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above)
eg. maintenance, utilities, janitorial, salaries, etc.
CONTRACT REVIEW
Changes Date Out
Dat In Needed (1Reviewer
Division Director �,12 Yes❑ No
_ �I, �qf;�
—
Risk Management � ►' `Yes❑ No[v]/ i � ����
O.M.B./Purchasing Yes❑ No0 � I(-z�S -1?-
County Attorney � � I a01� Yes[] No'�f/
Comments:
OMB Form Revised 2/27/01 MCP #2
AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN MON ROE COUNTY AND CAROL SCHRECK
THIS AMENDMENT to agreement dated the 12th day of December, 2012 is entered into by and
between the Board of County Commissioners ("Board or "BOCC"), a political subdivision of the State of
Florida, and Carol Schreck (employee).
WHEREAS, there was an agreement entered into on December 30, 2008, between the parties;
and
WHEREAS, the employee's qualifications far exceed the minimum requirements for the position
of Executive Assistant. The employee possesses a Bachelor of Arts degree, many hours of graduate
training in management, and over 20 years of administrative and managerial experience; and
WHEREAS, the employee has exceeded and assumes responsibilities beyond those in the job
description; and
WHEREAS, it has become necessary to revise the salary;
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree
to amend the agreement as follows:
1. Paragraph 3 of the agreement shall be revised to read as follows:
2. COMPENSATION. In return for performance of the duties set forth in Exhibit A, including but not
limited to specific duties assigned by the Commissioner from time to time.. Employee shall receive an
annual salary in the amount of $52,000. Except as otherwise set forth herein, the Employee shall
also receive all benefits set forth in the Monroe County Personnel Policies & Procedures Manual
("Manual") as said Manual may be amended from time to time. County and Employee agree that
the position of Executive Assistant will be a full-time position deemed non-exempt under the Fair
Labor Standards Act. Work hours performed, annual leave, personal leave, and sick leave hours
taken will be documented on a form or forms to be provided by the County.
3. In all other respects, the remaining provisions of the agreement dated December 30, 2008 shall
remain in full force and effect.
WITNESS:
By:
[Print Name:]
On behalf of Monroe County, Florida
By.
Roman Gastesi, County Administrator
Employee:
By:
MON E "-AUNTY ATTORNEY
A C]V AST O
11-11 Nor- N HIA L. ALL
ASSIST 1TF
DUNTY ATTORNEY
Data.......- 7
EMPLOYMENT AGREEMENT
BETWEEN MONRQE COUNTY, FLORIDA
AND
CAROL SCHRECK
FOR POSITION OF
EXECUTIVE ASSISTANT T4 COMMISSIONER HEATHER CARRUTHERS
THIS AGREEMENT is entered into upon the date last below written by and between
Monroe County., Florida, acting through its Board of County Commissioners ("Board or
"BOCC"), a political subdivision of the State of Florida, whose main business address is 1100
Simonton Street, Key West, Florida 33040, and Carol Schreck ("Employee').
WHEREAS, the position of Executive Assistant to County Commimioncr Heather
Carruthers, District 3, is currently open; and
WHEREAS, the BUCC has solicited applicants for the position; and
S. Employee has interviewed and been selected for the position; and
S, negotiations b the County and Employee have in this
mutually acceptable Employment Agreement ("Avwx=r);
NOW F0 in considezation of the mutual promis
11es contained herein. the
County and Employee set forth herein, it is mutually as follows:
1. EMPLOYMENT- Employee is hereby employed by the County as executive
assistant to County Commissioner Carruthers ("Commissionee), Employee
,iderstswdsthat he or she will initially be hired as an F-nergency Temporary employee. Upon
ratification by the Board of s of the 'oners, the status .Employee will then be
converted to Contract Employee as that term is defined in Section 2.03 of the Personnel Policies
u res Manual ("Manual"), however, the date of hire will be treaW as the date on which
the Employee was hired as an envy Temporary employee, and the Em I will be
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eligible for any and all fringe benefits from the date of hire in accordance with the terms and
conditions set forth in the Manual.
2. DUTIES. Duties of the Employee will be as set forth in the Job Description
att hed hereto as Exhiibit A. the provisions of which are ftworporated herein by reference.
3. CDMPENSAnON. In return for performance of the duties set forth in Exhibit A,
including but not limited to specific duties assiped by the Commissioner from time to time,
Employee shall receive an annual salary in the amount of $41,679.24, Except as otherwise set
forth hmin, the Employee shall also receive all benefits set forth in the Monroe County
Personnel Policies dt FIXKxdum Manual ("Manual") as said Manual may be mended from time
to time. County and Employee agree that the position of Executive Assistant will be a full --time
position deemed non+exernpt under the Fair Labor Stancla Act. Work hours rform
Pe ed,
leave, personas leave, and sick leave hours taken will be documented an a formor forms
to be provided by County.
BE
4. SOLE EMPLOYMENT. The Employee a ees that he o
agrees r she will not perform
any work, consulting services, or other activities for an other person o ' . y p n r entity, whether for
remuneration or at no charge, without the prior express written approval of the Commissioner,
pp stoner.
5. TERM OF AGREEMENT; TERMINATION' CANCELLATION'
GENERAL
RELEASE.� ,
The Employee understands that the appointment is a relationshipthat is hi
dependent 1�Y
p upon the personal and confidential relationship between the Employee and .the
Commissioner. In entering into this Agreement the Employee therefore
understands that he or
she serves at the pleasure of the Commissioner; that there is no set to '
• � term to this Agreement, and
that the Employee can be terminated at an time upon twenty-four ' . Y P ty hours written notice by the
Commissioner, with or without cause, but that in an event the Agreement '
Y gr nt will terminate at the
conclusion of the team of current office of the Commissioner. The Employee
p oyee further understands
that in the event of termination, the Employee is free to apply Y PP Y to the County for any other
position then currently open and the County is free to consider the Employee for any open
position, but that County has no obligation to lace the Employee in an ' . Pother position, and
specifically has no obligation to place the Employee in a position of equivalent
sal this P eq valent or comparable
salary, grade, or benefits. In entering into this Agreement, the Employee there '
fore specifically
waives the right to utilize the grievance procedure set forth in Sections •
p ors 9 and I � of the Manual,
House Bill No. 2658, Chapter 69-13 21, the Monroe Count Care ' • y Career Service Council, as well as
any rights to which a Monroe County employee would otherwise be entitled . n tied under Chapter 447,
Florida Statutes. As used in this paragraph, the term "for cause"(a)•
P will ll mean dishonesty with
respect to the business and operation of the County; (b)confirmed violation of '
• the County s drug
policy; (c) refusal to cooperate in an n ardi
investigation regarding g g any aspect of the business or
operation of the County, including but not limited to an investigation which is co
the express g , conducted by or at
p direction of the BOCC; (d) conviction of a crime which is classi
fied as a felony or a
Grime involving moral turpitude; (e) gross neglect or willful and intentional ' nusconduct, (f)
conviction of a crime; (g) violation of a provision of the Monroe Co - County Code, or (h) breach of
any material term or condition of this Agreement by the Employee.
6. ATTORNEYS' FEES AND COSTS. In the event of an litigation initiated y itz gation initiated by
either party, the prevailing party shall receive reasonable attome ' •
ys fees, costs o f litigation, and
related expenses, bath at the trial and appellate levels.
7. GOVERNING LAW; ATTORNEY' S FEES AND COSTS; VENUE. This
Agreement is made in the State of Florida and will be governed bFloridag y Florilaw. This Agreement
may be signed in more than one counterpart, in which case each • . �P h counterpart will constitute an
original of this Agreement. Paragraph headings are for convenience ce only and are not intended to
expand or restrict the scope or substance of the provisions of this e
herein, P Agr ement. wherever used
ein, the singular will include the plural, the plural will include the e singular, and pronouns will
be read as masculine, feminine, or neuter as the context requires. Monroe CoFloridabe the proper � County, Floriwill
P p venue for any litigation involving this Agreement. This Agreement
to arbitration,
gr ent is not subject
8. OTHER TERMS AND CONDITIONS.
A. Except as set forth herein, the Employee is subject to all
Y J terms and
conditions set forth in the Monroe Count Personnel Policies 66
Y c es &Procedures Manual ( Manual"
}
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as may be amended from time to time. To the extent there is a conflict between the terms of this
s
Agreement and the Manual, the terms of this Agreement shall prevail.
B. If any provision, term, or portion of this Agreement shall be held to be
unconstitutional, illegal, invalid, or enforceable by a court of jun"sdiction, cony etent the
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remaining terms, conditions, and portions shall remain in full force and effect as if originally
agreed to without the term, condition, or portion that has been determined to be unconstitution
al,
illegal, invalid or unenforceable.
C. The waiver by either the County or the Employee of a breach or ,violation
of any term or provision of this Agreement by the other art shall not operate or b . party p e construed as
a waiver of any subsequent breach or violation by the other party,
Y
D. The County and Employee acknowledge that each has shared uall in
the review of this Agreement � y
gr t and, accordingly, no court or administrative hearing officer shall
construe any provision of this Agreement more strictly against one part over the other
.. Y p�Y�
and every term, condition, covenants and provision of this Agreement shall be con ' . gr' construed simply
according to its far meaning. Employee further acknowledges that she or he has had
ig the
Agreement reviewed by an attorney, or has been given the opportunity to do so and h
that opportunity,
pp y as waived
E. This Agreement incorporates and supersedes all negotiations,
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correspondence, conversations, agreements, and/or understandings applicable to the
g pp matters
contained herein. It is further agreed that there are no commitments agreements, inducements'..
cements,
or understandings concerning the subject matter of this Agreement that are not con ' . � tamed herein,
and no deviation from the terms hereof shall be predicated uponany prior r y p representations, offers,
promises, inducements, or agreements, whether oral or wntte and b whomever � y made,
F. The text herein constitutes the entire agreement between the ee
and the County, Employee and this agreement p Y
ty� gre ent cannot be amended except by a written document mutual/
' ' Y
agreed to and executed with the same formalities as this Agreement. The rights and obligations
of this Agreement are personal to the Employee and cannot be assigned or transferred,
ansferred.
WIE
IN WITNESS VMEREOF, the parties hereto have set their hands
and seats, in the
County of Monroe, Florida, this JD ay of December 2008.
WITNESS:
On behalf of Monroe County, Florida
BY: IV130 08
Roman Gastesi, County Administrator
Employee
By: � By:
[Print N e:] Carol Schreck
tjN"+.j L. I qt.,L...
MONROE COUNTY ATTORNEY
A =ROVAS TO R :
CYNTHIA AL
ASSISTANT COUNTY ATTORNEY
Date. - 9- aQ 6 -a - �
-
-4-
Aguiar-Teresa
From: Carruthers -Heather
Sent: Tuesday, November 27, 2012 10:10 AM
To: Gastesi-Roman
Cc: Aguiar-Teresa; Frederick -Debbie
Subject: Personnel
Hello Roman -
Today is the deadline for December agenda and, per our discussion, I want to be sure you or Teresa
include a bulk agenda item regarding Carol's salary. I am recommendingan increase to$52,000 for the
following reasons.
Dualifications
Carol's qualifications far exceed the minimum requirements for her position, She has a Bachelor of Arts
degree and many hours of graduate training in management. The position requires a high school diploma a
or a G.E.D. She came to the position as my aide with over 20 years of administrative and managerial
experience. The position requires just three to five years of work experience.
In addition, Carol has considerable local networking assets that have raven beneficial to the County. She
iP ty
has been involved with local non -profits, has been on the boards of the Ke West Attractions Association
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and the Business Guild, and served on the TDC's DAC I. She has a knowledge of how our community
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functions that has been helpful to me and exceeds one's expectations of an aide.
Res onsib'lities
Carol ably manages the administrative tasks associated with her position, includingsecretarial duties,
,
making travel arrangements, etc. She has far exceeded these basic s. job responsibilities in several ways.
Y
■ On the Higgs Beach renovation project, Carol has been the primary organizer of public meetings,
,
researcher of funding opportunities and liaison with the Friends of Higgs Beach and the Scenic
Byways Committee. Her energy has helped keep the project moving forward.
• Before we had a funding source for the Cudjoe Regional System, Carol investigated financing
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options, including a thorough vetting of the possibility of a toll on the 18-mile stretch.
• Carol is instrumental in coordinating meetings and sharing information amongbuilding
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i
departments and n preparing presentations as it relates to windstorm insurance.
■ when conflicts in my schedule prevent me from attending certain meetings., Carol represents me.
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• Carol has also offered to assist other departments (like OMB) with ]
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special projects.
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Carol's research, management, organizational and networking skills allow her to assume responsibilities
far be � P
beyond those called for in her job description. This allows me to tackle projects in greater detail to be
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far better prepared and contribute far more to the County than possible without her.
In sum, the capabilities, caliber of work product and qualifications that Carol
brings to her position more
than justify this increase. Please add an AIS for this increase to the December agenda.
Best,
Heather