Item S5 Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Monday, September 9, 2024 4:25 PM
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 S5 BOCC 09/11/2024
Attachments: Resolution_returning_Guerra.pdf, AIS 3035 S5.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 resolution agreeing to hold open the Monroe County position ofpermanent Acquisition Manager
for a period of six (6) months, while Cynthia Guerra serves as Acting Executive Director of the Monroe County
Comprehensive Plan Land Authority;providing for an effective date. "
The Agenda Item Summary is attached.Once approved,this will be considered Add On Item S5.
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
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S5
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: S5
2023-3035
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall
n/a
AGENDA ITEM WORDING: Approval of resolution agreeing to hold open the Monroe County
position of permanent Acquisition Manager for a period of six (6) months, while Cynthia Guerra serves
as Acting Executive Director of the Monroe County Comprehensive Plan Land Authority; providing for
an effective date.
ITEM BACKGROUND:
Cynthia Guerra is currently employed by the Monroe County Board of County Commissioners as the
Acquisition Manager and Voluntary Home Buyout Program Fair Housing Coordinator ("Acquisition
Manager") for Monroe County, Florida. Guerra has applied to be named as the Acting Executive
Director of the Monroe County Comprehensive Plan Land Authority ("Land Authority"). If selected, it
is envisioned that Guerra would serve as the Executive Director of the Land Authority in an Acting
capacity for a period of six (6) months. Guerra wishes to ensure that she could return to her position as
a BOCC employee, as the Acquisition Manager, if for any reason she separates from her Acting
Executive Director of the Land Authority position. This resolution provides that she could return to her
BOCC Acquisition Manager position. The resolution further provides that therefore, the County would
only hire someone as a replacement for her in the Acquisition Manager position on an interim or
temporary basis, only. The resolution further provides that if Guerra is returned to her County position,
then the person who had been hired as Successor Acquisition Manager would either be terminated or
would be offered the opportunity to transfer to another BOCC position.
The provisions of this resolution terminate if Guerra is made the permanent Executive Director of the
Land Authority, or at the end of six months following adoption, whichever comes earlier.
PREVIOUS RELEVANT BOCC ACTION:
N/A
INSURANCE REQUIRED:
No
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CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Resolution returning Guerra.pdf
FINANCIAL IMPACT:
No cost, if Guerra accedes to the permanent Land Authority Executive Director position within six (6)
months.
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RESOLUTION NO. -2024
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AGREEING TO HOLD OPEN THE POSITION OF PERMANENT
ACQUISITION MANAGER FOR CYNTHIA GUERRA FOR A
PERIOD OF SIX(6) MONTHS
WHEREAS, Guerra is currently employed by Monroe County Board of County Commissioners ("BOCC")
as the Acquisition Manager and Voluntary Home Buyout Program ("VHBP") Fair Housing Coordinator
("Acquisition Manager") for Monroe County, Florida; and
WHEREAS, the Monroe County Comprehensive Plan Land Authority ("Land Authority") is a dependent
special district, created pursuant to F.S. 380.0663 by Monroe County Ordinance No. 031-1986, with an
Executive Director who is an employee of the Land Authority; and
WHEREAS, Guerra has applied to be named as the Acting Executive Director of the Land Authority,
following the resignation of Christine Hurley if chosen as the next County Administrator for Monroe County;
and
WHEREAS, Guerra wishes to ensure that she can return her position as a BOCC (County) employee if for
any reason she is discharged by the Land Authority as the Acting Executive Director of the Land Authority
during the first six (6) months of that appointment; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, AS FOLLOWS:
1. If Cynthia Guerra is selected as the Acting Executive Director for the Land Authority,then,for a period
of six (6) months following the date of the appointment, the Board of County Commissioners will not
employ a permanent successor in the Acquisition Manager position. The BOCC may employ an
employee to serve in the Acquisition Manager position ("Successor Acquisition Manager") in a
temporary, acting or interim position, only.
2. If, during that initial six (6) month time period, Guerra is separated from her position as the Acting
Executive Director of the Land Authority for any reason (including but not limited to resignation or
discharge), Guerra shall be eligible to be placed back in her Acquisition Manager position, and the
employee occupying the Successor Acquisition Manager position shall be separated from employment
or shall be given the opportunity to apply for any other BOCC position. Any termination or transfer
must comply with Monroe County Personnel Policies & Procedures Manual and local, state, and
federal law.
3. If the Successor Acquisition Manager is separated from BOCC employment as a result of placing
Guerra back in the position, and the Successor Acquisition Manager is unable to find another BOCC
position or chooses not to accept another BOCC position, then the Land Authority shall be liable for
any and all costs of unemployment benefits or other costs associated with discharging that employee.
4. If Guerra returns to the Acquisition Manager position, but the Successor Acquisition Manager cannot
be separated from employment for any reason, then the Land Authority shall be liable for the
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incremental cost of keeping the Successor Acquisition Manager as a BOCC employee in addition to
Guerra, including but not limited to the incremental cost of salary and benefits.
5. If Guerra is made the permanent Executive Director of the Land Authority during the first six (6)
months of her employment with the Land Authority, this Agreement shall terminate immediately.
6. This Resolution shall take effect immediately upon adoption by the BOCC.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the 1 Ph 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
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