Item N4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
July 16,
2008
Division: County
Administrator
Bulk Item: Yes
x
No
Department: County
Administrator
Staff Contact Person/Phone #: Connie Cvr 292-4441
AGENDA ITEM WORDING:
Approval of a resolution waiving prohibition against appearing before the Board in legislative and
quasi-judicial matters in Section 5 of the Employment Agreement with Thomas J. Willi.
ITEM BACKGROUND:
Mr. Willi contacted the County Administrator's office with the request in the waiving of Section 5 of
his contract with Monroe County so that he may conduct business with Monroe County and help avoid
any possible conflict for the services he provides to his clients.
PREVIOUS RELEVANT BOCC ACTION:
On 9/8/04, BOCC entered into an Employee Agreement with Mr. Willi to serve as County
Administrator starting 11/l/04. The agreement was modified on 11/16/05 and 1/25/06 and on 12/5/07
a Resolution, No. 484-2007 was adopted notifying of the termination effective 1/4/08.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST: N/A
COST TO COUNTY: N/A
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management _
DOCUMENTATION:
DISPOSITION:
Revised 8/06
Included x Not Required
AGENDA ITEM #
RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS WAIVING PROHIBITION AGAINST APPEARING
BEFORE THE BOARD IN LEGISLATIVE AND QUASI-JUDICIAL
MATTERS IN SECTION 5 OF THE EMPLOYMENT AGREEMENT WITH
THOMAS J. WILLI .
WHEREAS, the former County Administrator Thomas J. Willi is requesting the waiver of
prohibition against appearing before the board in legislative and quasi-judicial matters section 5 of his
employment agreement with Monroe County, Florida, Board of County Commissioners; and
WHEREAS, in section 5 of the employment agreement it states that for a period of twenty-
four (24) months from the effective date of termination or cancellation of the Agreement,
Administrator will not lobby the BOCC sitting in its legislative or quasi-judicial capacity; and
WHEREAS, also in section, 5 of the employment agreement it states that this section will
survive the termination or cancellation of this Agreement, but may be waived by a majority vote of
the BOCC at a public meeting; and
WHEREAS, Thomas J. Willi has requested that the Board approve the waiver;
NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
1. The prohibitions against lobbying and appearing before the Board of County
Commissioners in legislative and quasi-judicial matters, as provided in section 5 of the
employment agreement with Thomas J. Willi, are hereby waived.
2. This waiver does not extend to the prohibition against lobbying or appearing before the
Board of County Commissioners or any of their advisory boards, divisions or
departments with respect to the procurement by the County of goods or services.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
regular meeting of said Board held on the 16th day of July, 2008.
Mayor Mario Di Gennaro
Mayor Pro Tem Charles McCoy
Commissioner Sylvia J. Murphy
Commissioner George Neugent
Commissioner Dixie Spehar
ATTEST:
DANNY L. KOLHAGE, CLERK
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
Mayor Mario Di Gennaro
MONROE COUNTY ATTORNEY
ROVED AS T M.
UZANi' E A. UTTON
Co 1 T ATTY
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Page .1 of 2
Roth-Cee
From: Hutton-Suzanne
Sent: Wednesday, July 16, 2008 2:07 PM
To: Roth-Cee; kokenzie-hank; Druckemiller-Lisa
Subject: Please print •
From: Torn Willi [mailto:thomas-willi@hotmail.com]
Sent: Wednesday,July 16, 2008 1:41 PM
To: Hutton-Suzanne
Cc: gastessi-roman@monroecounty-fl.gov; Spehar-Dixie; McCoy-Sonny; DiGennaro-Mario; Murphy-Sylvia;
Neugent-George
Subject: Agenda Item N4
Due to a schedule conflict I will not be able to attend this afternoon's session.
• Please read the following statement into.the record on my behalf. Thank you.
Mayor and Commission,
T_ pologizc_for mo_bein9_auie-to_.a«tend_U~ -Teet g-th•s-aLernoO w It-was my ;nt wL- o spe k to the-Board i
i
person.
I asked the County Administrator's office to place the item on the agenda in the interest of full disclosure.
I recently started a land use and planning consulting firm. My intent was to clarify, for staff as well as my future
clients, what conflicts may be at issue during the 2-year period required under my previous employment
agreement. _
I have been treated professionally by county staff at every level and I thank them for that.
While it would be nice to have the contract section waived I would prefer that the issue not be used for political
reasons. Unfortunately, two members of the board are using this for selfish reasons and they are being helped
by the media in obfuscating the truth.
For the record, my employment agreement anticipated this type of request as this section includes language that
the (former) administrator can request the waiver.
Since my request, the issue has been thoroughly vetted by the County Attorney's office. There is no ethical
conflict.
I know that if I requested a vote on the item I would likely prevail because logic and reason would be part of the
decision-making process for the majority of the BOCC. Comment to the media from other members of the BOCC
concern me as a taxpayer. Is vindictiveness the preferred method to do business as a government?
For reasons to many to list, please withdraw item N4 from today's agenda.
The existing provision does not prevent my firm from doing business in any venue in the county. I may not be
able to personally appear, but members of my firm can. .
Logic and reason must prevail if Monroe County is to find itself on stable ground again. I have confidence in the
7/16/2008
.Da;ge 2 of 2
majority of this commission.
campaign with all that you have. The alternative is down
commissioner Spehar and commissioner McCoy, please
right frightening.
Thank you for your time and consideration.
Tom Willi
Summerland Key
Thanks Suzanne. Have a great week.
Use video conversation to talk face-to-face with Windows Live Messenger. a start .
7/16/2008