Item F12 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11/20/12 - KL Division Human Resources
Bulk Item: Yes XX No _ Staff Contact Person: Teresa Aguiar 292-4458
AGENDA ITEM WORDING: Approval of employment agreement and confirmation of Pamela A.
Johnson as Executive Assistant to Commissioner Sylvia J. Murphy, District 5.
ITEM BACKGROUND: 2.03 B(7) of the Personnel Policies and Procedures requires approval of
the BOCC.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $58,000 yr. +benefits INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $58,000 yr. +benefits SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
"° Pig • �.�"
APPROVED BY: County Atty X OMB/Purc�asing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Pam Johnson Contract#
Effective Date: December 12, 2012
Expiration Date:
Contract Purpose/Description:
Employment agreement with Pamela A. Jonnson as Executive Assistant to
Commissioner Sylvia J. Murphy, District 5.
Contract Manager: Roman Gastesi 8780 County Administrator/1
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on 11-20-12 Agenda Deadline: 11-6-12
CONTRACT COSTS _
Total Dollar Value of Contract: $ 58,000 yr+ Current Year Portion: $
benefits
Budgeted? Yes® No ❑ Account Codes: 001-00101-510-120- .o
Grant: $ i q,4- % 5 - uo a '
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e .maintenance,utilities, janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed R v' er
Division Director Yes[:] No❑ j _
Risk Mana7asing
ent �(P/l Yes[:] No�O.M.B./Pu ��' Yes[:] No® -j 2,
County Attorney 6 9 i atv, Yes❑ No�
Comments:
OMB Form Revised 2/27/01 MCP#2
EMPLOYMENT AGREEMENT
BETWEEN MONROE COUNTY, FLORIDA
AND
PAMELA A. JOHNSON
FOR POSITION OF
EXECUTIVE ASSISTANT TO COMMISSIONER SYLVIA J. MURPHY
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 Pamela A. Johnson ("Employee").
WHEREAS, the position of Executive Assistant to County Commissioner Sylvia J.
Murphy, District 5, is currently open; and
WHEREAS, the BOCC has solicited applicants for the position; and
WHEREAS, Employee has interviewed and been selected for the position; and
WHEREAS, negotiations between the County and Employee have resulted in this
mutually acceptable Employment Agreement ("Agreement");
NOW THEREFORE, in consideration of the mutual promises contained herein the
County and Employee set forth herein, it is mutually agreed as follows:
1. EMPLOYMENT. Employee is hereby employed by the County as executive
assistant to County Commissioner Sylvia J. Murphy ("Commissioner"). Upon ratification by the
Board of County Commissioners,the status of the Employee will be a Contract Employee as that
term is defined in Section 2.03 of the Personnel Policies & Procedures Manual ("Manual").
2. DUTIES. Duties of the Employee will be as set forth in the Job Description
attached hereto as Exhibit A, the provisions of which are incorporated herein by reference.
3. 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 base salary in the amount of$50,000.00 (`Base Pay"). Except
as otherwise set forth herein,the Employee shall also continue to receive an annual base salary in
the amount of$8,000.00 in addition to the Base Pay for duties associated with Upper Keys
Health Care Taxing District("UKHCTD" or Trauma District"). In the event the Trauma District
is eliminated the Employee shall no longer be compensated the $8,000.00 and shall only receive
the Base Pay. The Employee will 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 County.
- l -
4. SOLE EMPLOYMENT. The Employee agrees that he or she will not perform
any work, consulting services, or other activities for any other person or entity, whether for
remuneration or at no charge, without the prior express written approval of the Commissioner.
5. TERM OF AGREEMENT; TERMINATION; CANCELLATION; GENERAL
RELEASE. The Employee understands that the appointment is a relationship that is highly
dependent 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 term to this Agreement; and
that the Employee can be terminated at any time upon twenty-four hours' written notice by the
Commissioner, with or without cause, but that in any event the Agreement will terminate at the
conclusion of the term of current office of the Commissioner. The Employee further understands
that in the event of termination, the Employee is free to apply 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 place the Employee in another position, and
specifically has no obligation to place the Employee in a position of equivalent or comparable
salary, grade, or benefits. In entering into this Agreement, the Employee therefore specifically
waives the right to utilize the grievance procedure set forth in Sections 9 and 10 of the Manual;
House Bill No. 2658, Chapter 69-1321, the Monroe County Career Service Council; as well as
any rights to which a Monroe County employee would otherwise be entitled under Chapter 447,
Florida Statutes. As used in this paragraph, the term "for cause"will mean (a) 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 investigation regarding any aspect of the business or
operation of the County, including but not limited to an investigation which is conducted by or at
the express direction of the BOCC; (d) conviction of a crime which is classified as a felony or a
crime involving moral turpitude; (e) gross neglect or willful and intentional misconduct; (f)
conviction of a crime; (g) violation of a provision of the Monroe 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 any litigation initiated by
either party, the prevailing party shall receive reasonable attorneys' fees, costs of litigation, and
related expenses, both 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 by Florida law. 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. Monroe County, Florida will
be the proper venue for any litigation involving this Agreement. This Agreement is not subject
to arbitration.
8. OTHER TERMS AND CONDITIONS.
A. Except as set forth herein, the Employee is subject to all terms and
conditions set forth in the Monroe County Personnel Policies & Procedures Manual ("Manual")
- 2 -
as may be amended from time to time. To the extent there is a conflict between the terms of this
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 competent jurisdiction, the
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 unconstitutional,
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 party shall not operate or be construed as
a waiver of any subsequent breach or violation by the other party.
D. The County and Employee acknowledge that each has shared equally in
the review of this Agreement and, accordingly,no court or administrative hearing officer shall
construe any provision of this Agreement more strictly against one party over the other party,
and every term, condition, covenant, and provision of this Agreement shall be construed simply
according to its fair meaning. Employee further acknowledges that she or he has had the
Agreement reviewed by an attorney, or has been given the opportunity to do so and has waived
that opportunity.
E. This Agreement incorporates and supersedes all prior negotiations,
correspondence, conversations, agreements, and/or understandings applicable to the matters
contained herein. It is further agreed that there are no commitments, agreements, inducements,
or understandings concerning the subject matter of this Agreement that are not contained herein,
and no deviation from the terms hereof shall be predicated upon any prior representations, offers,
promises, inducements, or agreements, whether oral or written, and by whomever made.
F. The text herein constitutes the entire agreement between the Employee
and the County, and this agreement cannot be amended except by a written document mutually
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.
..3 ..
IN WITNESS WHEREOF,the parties hereto have set their hands and seals, in the
County of Monroe, Florida, this_day of December, 2012.
On behalf of Monroe County, Florida
By:
Roman Gastesi, County Administrator
WITNESS: Employee
By: By: wait �vyivv
[Print Name:] Pamela A. J' hnson
MON,RlOE COUNTY ATTORNEY
A RO ED TO OR :
YNTH L. AL'
ASSISTANT COUNTY ATTORNEY
Date - n P#
- 4 -
MONROE COUNTY ADMINISTRATIVE SERVICES
QUALIFICATION FORM
GRADE"9"Or Above
NAME OF APPLICANT: Pam Johnson
POSITION APPLIED FOR: Executive Assistant - District 5
DEPARTMENT: BOCC AREA: Key Largo
MEETS BASIC REQUIREMENTS ® DOES NOT MEET BASIC REQUIREMENTS ❑
CLAIMING VETERANS PREFERENCE ❑ IS NOT CLAIMING VETERANS PREFERENCE
DATE OF REVIEW: 10/29/12
ACCORDING TO THE JOB DESCRIPTION,THESE MEETS THE DOES NOT MEET DOES NOT MEET THE MINIMUM
ARE THE MINIMUM QUALIFICATIONS: MINIMUM THE NEDUAIUM QUALIFICATIONS;HOWEVER DOES
QUALIFICATIONS QUALIFICATIONS POSSESS COMPARABLE
UALIFICATIONS AS LISTED
H.S. diploma or GED ❑ ❑
3 to 5 yrs.exp. ❑ ❑
El Ej
F-1 El El
❑ ❑ ❑
El 11 El
COMMENTS:
HR REPRESENTATIVE .. DATE
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C
U NTYSo �MONROE BOARD OF COUNTYCOMMISSIONERS
KEY WESTLORIDA 33040 Mayor David Rice,District 4
(305)2M4641 Mayor Pro Tern Kim Wigington,District 1
George Neugent,District 2
• Heather Carruthers,District 3
+ Sylvia Murphy,District 5
Employee Services Division
Human Resources Cl -6i b, 30, 2 t91 �
The Historic GAM Cigar Factory
1100 Simonton Street,2'd Floor Posting Date
Key West,FL 33040
MONROE COUNTY PROMOTIONALOPPORTUNITYNOTICE
THE POSITION OF EXECUTIVE ASSISTANT(COMMISSIONER AIDE).BOCC DISTRICT 5.KEY LARGO IS NOW OPEN
AT PAY GRADE 9 SALARY,$41,678.24-$60,433.90/40 HPW.(CONTRACT POSITION)
(DEPENDING ON QUALIFICATIONS)
• VETERANS PREFERENCE AVAILABLE: ®YES ❑NO
• SAFETY SENSITIVE POSITION: ❑ YES® NO
• GRANT POSITION(IF GRANT ENDS,POSITION WILL NOT BE CONTINUED) ❑ YES® NO
THIS POSITION: ❑ IS A CAREER SERVICE STATUS POSITION
®IS NOT A CAREER SERVICE STATUS POSITION
In accordance with the Monroe County Personnel Policies and Procedures, it is the policy of the Board of County
Commissioners to consider employees for promotional opportunities before applicants from the general public are
considered.
Promotional Opportunity Notices will be posted for a minimum of seven (7) calendar days (including the date of posting)
during which time employees under the auspices of the County Administrator will have the right to apply for these
positions before anyone outside the County service will be considered.
An employee wishing to apply for a position through the Promotional Opportunity process will complete the
Promotional Opportunity Application and submit it to the Personnel Representative in the lower,middle,or upper
keys for a date stamp to insure timely referral within the 7 day period. Supervisor and/or Department Head
signature can then be obtained by the employee or routed by the Personnel Representative, whichever is more
feasible.
Job interviews will be based on information on file and/or submitted with an application.
The County reserves the right to reject any applicati n not ub itted on a timely basis.
EMPLOYEES RVICIS NVISION DIRECTOR
MONROE COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER
CCCCO05
MONROE COUNTY
JOB DESCRIPTION
Position Title: EXECUTIVE ASSISTANT Date: 04/15/99
Position Level: 9 FLSA Status: Nonexempt Class Code: .d
GENERAL DESCRIPTION
Primary function is to perform highly specialized office and administrative work in supporting a Division
Director or Commissioner.
KEY RESPONSIBILITIES
1.*Act as personal secretary and or administrative aide.
2.*Prepare and/or research agenda items.
3. Assist in drafting and production of complex written correspondence and presentations.
4. Read,sort,and distribute all incoming and outgoing mail,as well as receive and screen callers.
5. Maintain supervisor's calendar and schedule,and make travel arrangements.
6. Help prepare annual budget and perform daily routine budgetary functions.
7. Take and transcribe dictation,i.e., letters, memos,and independently prepare routine letters, etc.
8. Take and transcribe minutes of meetings.
9. Perform routine clerical functions(typing,filing,copying documents).
* Indicates an"essential"job function.
... The infonmatioa oa 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
job.
Position Title: EXECUTIVE ASSISTANT Class Code: Position Level: 9
KEY JOB REQUIREMENTS
Education: H.S.Diploma or GED required.
Experience: 3 to 5 years.
Impact oJActions: Makes decisions and final recommendations which routinely affect the activities of an
entire department. Position duties may include responsibility for developing strategic
plans for one or more divisions.
Complexity: Analytic: Work is non-standardized and widely varied requiring the interpretation and
application of a substantial variety of procedures,policies,and/or precedents used in
combination.Frequently,the application of multiple,technical activities is employed;
therefore,analytical ability and inductive thinking are required. Problem solving
involves identification and analysis of diverse issues.
Decision Making. Analytic: Supervision is present to establish and review broad objectives relative to basic
position duties or departmental responsibilities.Independent judgment is required to
study previously established,often partially relevant guidelines;plan for various
interrelated activities;and coordinate such activities within a work unit or while
completing a project.
Communication Requires regular contacts to carry out programs and to explain specialized matters.Also
with Others: requires continuing contacts with officials at higher levels on matters requiring
cooperation,explanation and persuasion,as well as with the public involving the
enforcement of regulations,policies and procedures.
Managerial Skills: Has responsibility or authority which is limited to the direction of temporary workers.
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.
Requirements:
APPROVALS
Department Head:
Name: Signature: Date:
Division Director:
Name: Signature: Date:
County Administrator:
� µ.
Name: �,I(_I(Yl I;�1 '{�.] Signature': a Date:
On this date I have received a copy of my job description relating to my employment with Monroe
County.
Name: Signature: Date:
APPLICATION/RESUME CHECKLIST
NAME JOHNSON. PAMELA
POSITION TITMEXECUTIVE ASSISTANT LOCATION:BOCC DISTRICT 5, KEY
LARGO POSITION #: CCCCO05
DATE SUBN HTTED/RESUBMITTED: 11/01/12
1. ® DATE STAMP APPLICATION OR RESUME
® (insure that Promo Oppty has 3 page attachment: Safety Sens, EEO, Vet Pref Forms)
2. ❑ LAST 3 PAGES OF APPLICATION (Pg 13 — 15) TO THE APPLICANT FOR REFERENCE.
Explain to applicant—Important to Read—It explains our procedures.
3. ❑ COPY OF DRIVERS LICENSE AND SS CARD:
4. ❑ MENTION TO APPLICANT- IF POSITION APPLYING REQUIRES A DEGREE,MUST
REQUEST FROM SCHOOL(see pg 14).
® N/A
5. ❑ IF REQUESTING VETER PREF (Pg 8) MUST SUBMIT DD-214 (or comparable document)
N/A
6. ❑ ORIGINAL SIGNED AUTHORIZATION OF CREDENTIALS CHECK FORM
7. ❑ IF APPLYING FOR SAFETY SENSITIVE JOB (as noted on back of this form)
❑ CHECKED `YES' ON Attach 5-Pg 10. MUST FILL OUT `Alcohol & Control Substances
Authorization To Release Form'.
® N/A
8. ® LICENSE CLASS : (N/A) - N ; (CDL A) - ❑; (CDL B) - ❑ ; (CDL C) - ❑
9. N How did you learn about the position? ❑ Newspaper ❑ Employment Agency ❑ Friend
❑ Relative ❑ Walk-in ❑ Channel 76 ❑ Internet Website N Other
NOTES
❑NEW APPLICATIONS: 1-9
❑RESUBMITTALS: 4,5,6,7,8,9
❑RESUME: 1
NIN-HOUSE: 1,4,7, 8
KEY WEST HR OFFICE USE ONLY
NEW APPLICATIONS: []Scan ❑pull EEO form []Email or Letter(SS card/FL DL/3 yr DL record/Transcripts/Credentials Check)
RESUBMITTAL—Complete&Scan new checklist with application
IN-HOUSE: ®Scan ®pull EEO form
RESUME: []Scan []mail out/email application
Hunan Resources Rev 07/12
Exc (5) PROMOTIONAL OPPORTUNTTY/TRANSFER APPLIC
1ECA but 4105.12 MONADS COUffff ROCC
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SIGNATURE
DATE 0-31-12-
DEPARTWNTHEAD'S
SIGNATURF
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DATE AND TIME OF INTERVIEW
INTERVIEWER'S NAME,PHONE&LOCATION
REMARKS:
-717
RECEIVING DEPARTN EW HEAD'S SIGNATURE DATES
If selected for position and if the employee has been in pnetent position Iess dtan 6 months,prior approval of the Division
Duwkx(s)and County Administrator must be obtained in accordance with Section 2.12 Personnel Policies and PwoedureL
Current Division Director Division Director of position applied County Administrator
JOB INMMRVEM WHL]BE BASID ON MFORMA770N ON IM AM/Olt SZ MArl IM WMI 711CL5 APPLICATION
' rjI AL I ERSO 1141 . ri1 r.
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BELOW F`OR EiTERVIEWING DEPARTMENT RESOURCES USE ONLY
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DATE AND TIME OF INTERVIEW
INTERVIEWER'S NAME,PHONE&LOCATION
REMARKS:
RECEIMG DEPARTMENT HEAD'S SIGNATURE DATE
If selected for position and if the employee has been in Present position less than 6 months,prior approval of the Division
Duactor(s)and County Administrator must be obtained in accordance with Section 2.12 Personnel Policies and Procedures.
Curzent Division Director Division Director of position applied County Administrator
JOB INTMVMM WILL BE BASED ON INFORMATION ON FELH AND/OR St7131VII'I M WLHI nW APPLICATION
F11°11. SElLAI'(710 l °V1w 1 ; �.. ;'l l" lmi 1�C�LO YF °
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s MCA IMA 4705.12
March 14.2012
P 11
Safety,..Sensitive A A ENT 1
APPLICANTS APPLYING FOR SAFETY SENSITIVE PosmoNs ONLY
APPLICANT NAME DATE
POSITION APPLYING
IN HOUSE PROMOTIONAL OPPORTUNITY APPLICANT
Only fill out below if you are NOT currently in a safety sensitive position.
HAVE YOU HELD OR PREVIOUSLY APPLIED FOR SAFETY SENSITIVE POSITION,AS DEFINED -
BELOW, WITHIN THE PAST 3 YEARS OTHER THAN MONROE COUNTY EMPLOYMENT?
❑YES ONO
*If YES, have employee sign authorization to release form
OUTSIDE APPLICANT
HAVE YOU HELD OR PREVIOUSLY APPLIED FOR A SAFETY SENSITIVE POSITION, AS DEFINED
BELOW, WITHIN THE PAST 3 YEARS?
❑YES nNO
*If YES,have employee sign authorization to release form
D_EFMHON OF SAFETY SENSITIVE: A MOTOR VEHICLE OR COMBINATION OF MOTOR
VEHICLES USED TO TRANSPORT PASSENGERS OR PROPERTY OF THE MOTOR VEHICLE:
HAS A GROSS COMBINATION WEIGHT RATING OF 26,00IOR MORE POUNDS,INCLUSIVE OF
A TOWED UNIT WITH A GROSS VEHICLE WEIGHT RATING OF MORE THAN 10,000 POUNDS;
OR, HAS A GROSS VEHICLE WEIGHT RATING OF 269001 OR MORE POUNDS; OR, IS
DESIGNED TO TRANSPORT SIXTEEN(16)OR MORE PASSENGERS, INCLUDING THE DRIVER;
OR, IS OF ANY SIZE AND IS USED IN THE TRANSPORTATION OF MATERIALS FOUND TO BE
HAZARDOUS FOR THE PURPOSES OF THE HAZARDOUS MATERIALS TRANSPORTATION
ACT AND WHICH REQUIRE THE MOTOR VEHICLE TO BE PLACARDED UNDER THE
HAZARDOUS MATERIALS REGULATIONS(49 CY.R part 172,subpart F).
EFF 08/03/07
HR i%orm Rev:08/1l