Item O7 07
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: 07
2023-2134
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall
No
AGENDA ITEM WORDING: Approval of resolution appointing Kevin G. Wilson as Acting County
Administrator; delegating authorities to Acting County Administrator;providing for severability; and
providing for an effective date.
ITEM BACKGROUND:
F.S. 125.73 states that a board of county commissioners may appoint an acting administrator in the case
of vacancy of the county administrator. Current County Administrator Roman Gastesi has announced
his desire to resign and retire effective Feb. 23, 2024. If the resignation is accepted, an Acting County
Administrator must be appointed to serve as the administrative head of the County until a successor is
appointed.
This resolution, if approved, would appoint Assistant County Administrator Kevin G. Wilson to serve
as Acting County Administrator, effective 5 pm on Feb. 23, 2024. An employment contract would be
brought back for BOCC approval at a later date.
PREVIOUS RELEVANT BOCC ACTION:
N/A
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Resolution -2024, appointment of KGW as Acting County Administrator and delegation of
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authority.pdf
FINANCIAL IMPACT:
TBD
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RESOLUTIONNO. -2024
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS REGARDING COUNTY
ADMINISTRATION; APPOINTING KEVIN G. WILSON AS
THE ACTING COUNTY ADMINISTRATOR;
DELEGATING AUTHORITIES TO THE ACTING COUNTY
ADMINISTRATOR; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Part III of Chapter 125 of the Florida Statutes, known as the County
Administration Law (the "Act'), expressly adopted by the Monroe County Board of County
Commissioners in Section 2-58 of the Monroe County Code of Ordinances (the "Code"),
applies to all non-charter counties within the State of Florida; and
WHEREAS, Section 125.73(1) of the Act states that all counties shall appoint a county
administrator, who shall be the administrative head of the county; and
WHEREAS, Roman Gastesi, the current County Administrator, has announced his
desire to resign and retire on February 23, 2024; and
WHEREAS, F.S. 125.73(4) states that the Board of County Commissioners may
appoint an acting administrator in the case of vacancy of the county administrator
until a successor has been appointed and qualified or the administrator returns; and
WHEREAS, F.S. 125.73(2) states that a county administrator shall be qualified by
administrative and executive experience and ability to serve as the chief administrator
of the county; and
WHEREAS, Assistant County Administrator Kevin G. Wilson meets the
requirements of F.S. 125.73(2) and is qualified to serve as the Acting County
Administrator; and
WHEREAS, pursuant to Section 125.73(4) of the Act, the Board wishes to appoint
Kevin G. Wilson to serve as the Acting County Administrator, conditional upon the
Board's acceptance of the resignation of Roman Gastesi; and
WHEREAS, the Board of County Commissioners wishes to provide for a delegation of
authority in order to ensure that the Acting County Administrator has the necessary powers
and authorities to serve in the capacity of Acting County Administrator; and
WHEREAS, Section 125.74 of the Act lists the power and duties that may be exercised by
the county administrator; and
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WHEREAS,in Section 2-58 of the Code,the Board specifies three additional powers
and duties above and beyond those specified in the Act, namely: (a) on construction
projects, the power to execute change orders up to $100,000 or 5% of the contract
price with certain reporting requirements and to extend the substantial completion
date; (b) to approve moving expenses for new employees and travel expenses for
interviewees; and (c) to execute "small contracts;" and
WHEREAS, various County policies including but not limited to the Monroe County
Purchasing Policy and the Monroe County Personnel Policies and Procedures Manual
place additional responsibilities and grant additional authorities to the County
Administrator; and
WHEREAS, the Board of County Commissioners wishes to ensure that all powers
and authorities that would be accorded to the County Administrator through the Act,
the Code, the Purchasing Policy, the Personnel Policies and Procedures Manual, and
other Monroe County policies and procedures, are made equally available to the
Acting County Administrator, through an express delegation of authority;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, AS FOLLOWS:
SECTION 1. FINDINGS. The findings contained in the recitals set forth above are true and
correct.
SECTION 2. APPOINTMENT OF ASSISTANT COUNTY ADMINISTRATOR. Kevin
G. Wilson is hereby appointed as the Acting County Administrator, subject to the following
provisions.
A. Duration: The appointment of Kevin G. Wilson shall commence at 5:00 p.m. on February
23, 2024, and shall continue until the effective date of appointment of a replacement
County Administrator by resolution of the Board.
B. Compensation: Compensation and other benefits shall be memorialized in an employment
agreement, to be presented separately.
SECTION 3. AUTHORITY OF ACTING COUNTY ADMINISTRATOR.
A. Legal Authority. The Acting County Administrator shall have the authority to carry
out all functions,powers and duties assigned to the position of County Administrator in
the Act,the Code,the general laws of Florida, and other applicable legislation,including
without limitation all other statutes, codes, the County's Comprehensive Plan, and all
resolutions,policies and procedures of the County. All delegations of responsibility and
authority to the County Administrator made by the Board apply equally to the Acting
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County Administrator during the term of his appointment unless expressly modified or
rescinded by the Board.
B. Administration: The Acting County Administrator shall carry out all functions
otherwise assigned to the County Administrator under the Act and the Code necessary
to serve as the administrative head of the County. Authorities delegated to the Acting
County Administrator in order to accomplish this purpose include signatory authority
for all contracts legally approved and entered into by the County pursuant to the Act,
the Code, general laws of the State of Florida, and the County's Purchasing Policy.
SECTION 4. SEVERABILITY. If any section, sentence, clause or provision of this
Resolution is held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not be construed to render invalid or unconstitutional the
remaining sections, sentences, clauses or provisions of this Resolution.
SECTION 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 21st of February 2024.
Mayor Holly Merrill Raschein
Mayor Pro Tem James K. Scholl
Commissioner Michelle Lincoln
Commissioner Craig Cates
Commissioner David Rice
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Holly Merrill Raschein, Mayor
Approved as to form and legal sufficiency:
Monroe County Attorney's Office 2-6-2024
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