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Resolution 286-2024 RESOLUTION NO. 286 -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 1 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 11 t of September 2024. MayorMerrill R h i Holly asc e n Yes Mayor Pro Tern James K. Scholl Yes . • CommissionerCraig Cates Yes . Commissioner • MichelleLincoln Yes Commissioner DavidRice Yes : • ,z r�: pry"+ i'1\S.`�-.:1)y,'`\-, ' {ti.;: c !S. _J ), ', .x,¢ BOARD OF COUNTY COMMISSIONERS x.k'° �416� TTESTJkVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA i � ;ss'.a�tl ��yim`f d��,���"�}4n.ac \r,c,',,,, Y�a`r a.,,� irk�,a'i� "a E�> \''':;::,„, -..,: .z a, Y ! 4�T r"f�r,�ea. A~ �I�epu Clerk Mayor Holly Merrill Raschein Approved as to form and legal sufficiency: Monroe County Attorney's Office 9-9-2024 0404). t 1/0147 t.