Item N2 N2
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
February 21, 2024
Agenda Item Number: N2
2023-2074
BULK ITEM: Yes DEPARTMENT: Administration
TIME APPROXIMATE: STAFF CONTACT: Lindsey Ballard
n/a
AGENDA ITEM WORDING: Approval of the 5th amendment to the Employment Agreement of
Roman Gastesi, dated April 16, 2008, to waive the 60 days notice period for resignation in paragraph
7.G. and to accept his resignation effect effective February 23, 2024.
ITEM BACKGROUND:
Mr. Gastesi has tendered his resignation as County Administrator effective February 23, 2024. He
plans to retire 7 months, 25 days prior to the expiration of his current contract. Paragraph 7.G. of his
original employment agreement requires that he provide the BOCC 60 days notice of his resignation or
"forfeit the pay of the accrued sick and personal leave." The 5th amendment to the contract waives that
60 day notice requirement. That provision has survived the previous 4 amendments to Mr. Gastesi's
employment agreement.
PREVIOUS RELEVANT BOCC ACTION:
Original Employment Agreement approved on April 16, 2008.
1 st amendment approved on June 29, 2010
2nd amendment approved on December 14, 2011
3rd Amendment approved on December 9, 2015
4th Amendment approved on August 21, 2019
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
The 5th amendment waives the 60 day notice requirement in paragraph 7.G. for the Administrator to
give to tender his resignation. By entering into this agreement, Mr. Gastesi will not have to forfeit
entitlement to receive a payout for his accrued sick and personal leave.
STAFF RECOMMENDATION: Approval.
2670
DOCUMENTATION:
5th Amendment Gastesi.docx
FINANCIAL IMPACT:
Payroll estimates that the amendment will cost $136,466.85 in payment of accumulated sick and
vacation time.
2671
FIFTH AMENDMENT TO THE EMPLOYMENT AGREEMENT OF
COUNTY ADMINISTRATOR
THIS FIFTH AMENDMENT ("Amendment") to the Employment Agreement between Monroe
County, Florida and Roman Gastesi for the Position of County Administrator is entered into February
21, 2024 ("Effective Date"), by and between Monroe County, Florida, acting through its Board of County
Commissioners ("Board or "BOCC"), a political subdivision of the State of Florida, and Roman Gastesi
("Administrator") (hereinafter collectively, the "Parties").
WHEREAS, on April 16, 2008, the Parties entered into an Employment Agreement with the
Administrator, subsequently amended in 2010, 2011, 2015, and 2019, including contract extensions through
May 8, 2024; and
WHEREAS,paragraph 7(G) of the Employment Agreement("Agreement"), as currently drafted,
states the Agreement will be terminated upon the effective date of resignation by the County Administrator,
but requires the Administrator to forfeit the payment of accrued sick and vacation leave in the event that he
does not give at least sixty (60) days' written notice to the BOCC; and
WHEREAS,the Administrator desires to resign effective February 23, 2024; and
WHEREAS, the Board wishes to accept his resignation without the forfeiture of accrued sick and
vacation leave.
NOW THEREFORE, IN CONSIDERATION of the covenants and promises contained herein, the
PARTIES hereby agree as follows:
1. A new Paragraph 7(I) in the Agreement is added to the Agreement, to read as follows:
L Notwithstanding any language to the contrary anywhere in this Agreement, including
specifically the language contained in paragraph 7(G) of this Agreement, the Board of County
Commissioners reserves the right to waive the sixty (60) day notice requirement contained in
paragraph 7(G) of this Agreement and to accept the resignation of the Administrator without
requiring forfeiture of accrued sick and personal leave.
2. By entering in this Fifth Amendment, the Board accepts the resignation of the Administrator
effective February 23, 2024 and waives the sixty (60) day notice requirement in paragraph 7(G).
3. In all other respects, the terms and conditions set forth in the Employment Agreement between
Monroe County Board of County Commissioners and Roman Gastesi remain in full force and effect.
Fifth Amendment to Gastesi Employment Agreement
1
2672
WHEREFORE,the parties hereto have signed and sealed this agreement on the date first above
written.
(SEAL) BOARD OF COUNTY COMMISSIONERS OF
Attest: KEVIN MADOK, Clerk MONROE COUNTY
By: By:
Deputy Clerk Mayor/Chairperson
Witnesses:
Print Name:
ROMAN GASTESI
By:
Print Name:
Fifth Amendment to Gastesi Employment Agreement
2
2673