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Item S4 Liz Yongue From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov> Sent: Monday, September 9, 2024 11:31 AM To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock; Senior Management Team and Aides; Liz Yongue; InternalAudit; Hunt-Kacey Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne; Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch- Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Valcheva-Svilena; Beyers-John; Powell-Barbara Subject: Add On item S4 BOCC 09/11/2024 Attachments: AIS 3031 S4.pdf, Resolution=2024_Wilson_.pdf, Resolution_092-2024.pdf, Resolution_150-2024_Wilson_compensation.pdf Importance: High Good Morning, Please be advised,the following Add On Item is set for inclusion day-of meeting prior to the approval of the Agenda: "Approval of a resolution thanking Kevin G. Wilson for his service as Acting County Administrator and rescinding prior Monroe County Resolutions 092-2024 and 150-2024. " The Agenda Item Summary is attached.Once approved,this will be considered Add On Item S4. Sincerely, Executive Administrator Monroe County Administrator's Office 1100 Simonton Street, Suite 2-205 Key West, FL 33040 (305)292-4441 (Office) (305)850-8694(Cell) Courier Stop#1 Notary Public w.r o n r y e c_ u�n1y:�:V_e.gpy gqjz..- Y .�.. _rn groecou�_n�.Y..-.�..:. .Y. PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. 1 S4 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 September 11, 2024 Agenda Item Number: S4 2023-3031 BULK ITEM: Yes DEPARTMENT: Employee Services TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall N/A AGENDA ITEM WORDING: Approval of a resolution thanking Kevin G. Wilson for his service as Acting County Administrator and rescinding prior Monroe County Resolutions 092-2024 and 150-2024. ITEM BACKGROUND: On 2/21/2024, the Board of County Commissioners (BOCC) adopted Resolution No. 092-2024, appointing Kevin G. Wilson, P.E. as the Acting County Administrator, effective 2/23/2024, upon the retirement of County Administrator Roman Gastesi. On 4/17/2024, the BOCC adopted Resolution No. 150-2024, setting compensation for Mr. Wilson in that position. The current resolution rescinds both of the prior resolutions. PREVIOUS RELEVANT BOCC ACTION: 2/21/2024: BOCC adopts Resolution No. 092-2024 4/17/2024: BOCC adopts Resolution No. 150-2024 INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Resolution -2024_Wilson_.pdf Resolution 092-2024.pdf Resolution 150-2024 Wilson co pensation.pdf 1 FINANCIAL IMPACT: Fund: F 001, Cost Center: CC 05000 2 RESOLUTIONNO. -2024 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA, REINSTATING KEVIN WILSON TO THE POSITION OF ASSISTANT COUNTY ADMINISTRATOR AND THANKING HIM FOR HIS SERVICE. WHEREAS, on February 21, 2024, the Monroe County Board of County Commissioners adopted Resolution No. 92-2024, appointing Kevin Wilson, who at the time held the position of Assistant County Administrator, to the position of Acting County Administrator, effective February 23, 2024, and WHEREAS, since February 23, 2024, Kevin Wilson has faithfully executed the duties and responsibilities of the position; and WHEREAS, the Monroe County Board of County Commissioners thanks Kevin Wilson for undertaking the significant additional responsibilities and for his excellent service to Monroe County in that position, and WHEREAS, the Board of County Commissioners has decided to appoint Christine Hurley as the next County Administrator, effective September 12, 2024; and WHEREAS, on April 17, 2024, the Board of County Commissioners adopted Resolution No. 150-2024, setting the compensation for Mr. Wilson while he served in the position of Acting County Administrator. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: 1. The above recitals are incorporated by reference. 2. Effective September 12, 2024 at 8:00 a.m., Kevin Wilson shall return to the position of Assistant County Administrator for Monroe County, Florida. 3. Resolution No. 92-2024 and Resolution No. 150-2024 are rescinded and replaced with the current resolution. 4. Any cost of living or merit increases that shall be awarded to Mr. Wilson for the current fiscal year (FY 2023-24) shall be applied on a pro rata basis, with 50% applied to his salary as Assistant County Administrator and 50% applied to his salary as Acting County Administrator. 1 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 1 I' day of September 2024. Mayor Holly Merrill Raschein Mayor Pro Tem James K. Scholl Commissioner Craig Cates Commissioner Michelle Lincoln Commissioner David Rice (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor Holly Merrill Raschein Approved as to form and legal sufficiency: Monroe County Attorney's Office 9-9-2024 2 RESOLUTION NO. 092 -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 1 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 2 County Administrator during the term ofhis 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 S. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the Board of County Commissioners of Morn-oe County, Florida, at a regular meeting held on the 21 st of February 2024. Mayor Holly Merrill Raschein Yes Mayor Pro Tern James K. Scholl Yes Commissioner Craig Cates Yes Commissioner Michelle Lincoln Yes 'OF Yes Commissioner David Rice -S BOARD OF COUNTY COMMISSIONERS wµa EVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Holly Merrill Raschein, Mayor rT'J co -T1 C:,- Approved as to form and legal sufficiency: Monroe County Attorney's Office 2-6-2024 3 RESOLUTION NO. 150-2024 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,APPROVING A COMPENSATION CHANGE FOR ACTING COUNTY ADMINISTRATOR KEVIN WILSON WHEREAS, former County Administrator Roman Gastesi retired on February 23, 2024; and WHEREAS, Kevin Wilson, who at the time held the position of Assistant County Administrator, was appointed to the position of Acting County Administrator, effective February 23, 2024; and WHEREAS,the position of County Administrator carries significantly increased duties and responsibilities; and WHEREAS,Monroe County now wishes to compensate Mr. Wilson for the duties and responsibilities for which are now in his charge; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: 1. Effective April 7, 2024, Kevin Wilson shall be compensated at an annual salary of $288,759.97 for the duration of his assignment to the position of Acting County Administrator. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 17TH of April 2024. Mayor Holly Merrill Raschein Yes Mayor Pro Tem James K. Scholl Yes Commissioner Craig Cates Yes Commissioner Michelle Lincoln Yes Commissioner David Rice Yes v (S>1AL) BOARD OF COUNTY COMMISSIONERS Y4 ATtTESilTIVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA a .P' \7 Wyy: _ ,a6ry M By: By: "t1 As D uty Clerk Mayor Holly Merrill Raschei Approved as to form and legal sufficiency: =_a Monroe County Attorney's Office 4-2-2024