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HomeMy WebLinkAboutResolution 092-2026 RESOLUTION NO. 092 -2026 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ADOPTING AN ADMINISTRATIVE PROCEDURE FOR COMPLAINTS AGAINST THE COUNTY ADMINISTRATOR AND COUNTY ATTORNEY; AUTHORIZING THE COUNTY ADMINISTRATOR TO IMPLEMENT THE PROCEDURE AS ADOPTED;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Monroe County, Florida(the "County"), is a "Public Employer" as defined by Subsection 447.203(2), Florida Statutes; and WHEREAS, the County Commission directly supervises the County Administrator and the County Attorney; and WHEREAS, the Board has determined that it would be best practice to formalize a procedure to process complaints brought against the County Administrator and/or County Attorney; and WHEREAS, the Personnel Policies and Procedures Committee met on March 27, 2026 and voted to recommend approval of this policy; and WHEREAS, the Board of County Commissioners finds that adoption of this proposed Policy "Complaints Against the County Administrator and County Attorney" is in the best interests of the County. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. Recitals. The above recitals are true and correct and incorporated into this Resolution by this Reference. Section 2.Approving Administrative Procedure. The Board of County Commissioners hereby approves this Policy "Complaints Against the County Administrator and County Attorney," to be added to the County's Personnel Policies and Procedures Manual as Section 10.02. A copy of this new policy is attached hereto as Exhibit "A". Section 3.Authorization. The County Administrator or designee and the County Attorney or designee are hereby authorized and directed to take all actions necessary to implement the policy. Section 4. Effective Date. This Resolution shall become effective upon adoption. EXHIBIT "A" MONROE COUNTY BOARD OF COUNTY COMMISSIONERS POLICY. COMPLAINTS AGAINST THE COUNTY ADMINISTRATOR AND COUNTY ATTORNEY EFFECTIVE DATE: 4 115 / 26 I. PURPOSE AND APPLICATION. The purpose of this procedure is to establish guidelines for the filing, processing, and prompt resolution of formal or informal complaints concerning the alleged actions or conduct of the County Administrator and County Attorney of Monroe County (the "County") within the scope of their employment. The County takes all complaints regarding the conduct of the County Administrator and County Attorney seriously, and such complaints shall be addressed in a fair and timely manner. The intake process is described below. Complaints will be processed in accordance with this policy as well as any and all applicable federal, state, or local laws and regulations. II. DEFINITIONS. a. Complainant: The individual making a complaint against the County Administrator or County Attorney. b. Subject: The individual against whom a complaint is being made, i.e., the County Administrator or County Attorney, the individuals contracted by the Board to fill those two top staff positions. c. Investigating Party. The person(s) tasked with conducting the investigation of the subject complaint on behalf of the County. The investigating party could be the County Attorney, the County's Conflict Counsel, or a third-party investigator retained for this purpose but under no circumstances shall the investigating party be the subject of the complaint or the Complainant. d. Conflict Counsel. An outside law firm specifically retained by the County for situations when the County Attorney and/or the County Attorney's Office has a conflict of interest. III. CONFIDENTIALITY AND PRIVACY INTERESTS. While residents deserve to have access to some information about complaints and complaint trends, while a complaint investigation is pending, this must be balanced with the interests of the parties for the application of a safe, fair, and impartial process with appropriate confidentiality as mandated by F.S. 119.071. Complainants and witnesses who face reprisals as a result of being involved in the complaint process may file separate complaints of retaliation, which will be processed and resolved in the same manner as the original complaint as described in this policy. IV. SUBMITTING A COMPLAINT.A Complainant may submit a complaint against the County Administrator or County Attorney to the Employee Services Director via County Clerk website, email, regular mail, oral communication. The complaint must identify the law or policy that is alleged to have been violated by the Subject. If the complaint is made orally, the Employee Services Director must reduce the complaint to writing. The Employee Services Director will request the signature of the Complainant attesting to the accuracy of the information contained in the written documentation prepared by the Employee Services Director and/or as amended by the Complainant to assure the complaint accurately reflects the Complainant's position. If the Complainant refuses or is unable to put the information in writing or sign a summary prepared by the Employee Services Director, the Employee Services Director shall document the complaint along with the Complainant's refusal or inability to sign. The absence of a signature shall not automatically preclude an investigation. If the complaint alleges a violation of law or County policy, the Employee Services Director shall proceed with the intake and resolution process outlined in Section VII below. V. INTAKE REQUIREMENTS. The Employee Services Director shall ensure that the following information is contained in the complaint: a. Date the complaint is presented; b. Name or other identifiable information regarding the subject of the complaint; c. Complainant contact information (Name,Address, Phone number, Email address); d. Nature of complaint, including providing as much detail as possible about the law or policy that is alleged to have been violated to assist in the resolution of the issue; and e. Desired outcome/remedy sought. VI. LEGAL ADVICE. The Employee Services Director shall consult with the County Attorney for legal advice regarding complaints against the County Administrator. The County Attorney may refer the matter to outside counsel in the appropriate circumstances. If a complaint is made against the County Attorney, the Employee Services Director shall seek legal advice from the County's Conflict Counsel. Conflict Counsel may refer the matter to other outside counsel in the appropriate circumstances. Nothing in this paragraph prevents the Board from appointing an Acting County Attorney or seeking outside counsel of its own choosing should the circumstances warrant. VII. INVESTIGATIVE PROCESS. a. Initial Analysis of Complaint. Upon completion of Sections V. and VI. above, the Employee Services Director shall, after notifying the Commissioners, refer the matter to the Investigating Party who shall analyze the complaint to determine if it(i) contains factual allegations that if presumed to be true, could constitute an actionable offense; or(ii) otherwise provides sufficient information and facts to warrant an internal investigation into the matters alleged. i. If it is determined that an investigation is warranted, the remaining procedures below shall be followed. ii. If it is determined that an investigation is not warranted, then the matter shall be closed and the Complainant notified of such closure. iii. No person who is either the Complainant or a Subject of the complaint shall be permitted to determine the sufficiency of the complaint or otherwise participate in the process set forth in this subsection VII, except as outlined in subsection(c) below. b. Investigation of a complaint. The Investigating Party shall investigate the complaint to see if it has merit. In conducting that investigation, the investigating party may speak to all interested witnesses, review any relevant documents including but not limited to emails and texts, and prepare a written report as more fully set forth below. c. Timeline for investigation of the complaint. Every effort will be made to complete a prompt and thorough investigation within 45 calendar days of the Investigating Party's retention to conduct the investigation. The Complainant and Subject shall be afforded due process, including the right to be informed of the factual allegations, and the opportunity to present information and documentation in support of their respective positions. Each party will be interviewed to present his or her facts in the investigation. For any investigations that exceed 45 days, regular updates concerning the progress of the investigation will be given to the Complainant and Subject. The Employee Services Director shall make every effort to ensure that the Investigating Party completes the investigation within the timelines set forth in this policy and shall be the point of contact for the investigation. d. Investigation report.After the investigation of a complaint concludes, the Investigating Party shall prepare a written report with findings of fact and conclusions of law relating to the complaint. The Employee Services Director shall provide the report to the Commissioners, the County Administrator, the County Attorney, and the Complainant. e. Confidentiality.All proceedings and records relating to an active investigation shall remain confidential as permitted under F.S. 119.071. f. Consideration of the investigative report. If any commissioner believes that the findings of the investigative report warrant discussion and potential action by the Board, then, within ninety (90) days following receipt of the investigative report, that commissioner shall place an item on the agenda at a regularly scheduled BOCC meeting. If the final action taken by the Board is something other than termination, the final action may be taken by the Board at this meeting. If a majority of commissioners indicate that the final action may be termination for cause, then the item shall then be placed on a subsequent agenda for final action of the Board. In this case, the item shall be scheduled in a manner that conforms to the notice provisions in the Subject's employment contract. g. Final Action. If a commissioner places an item on the agenda regarding the investigative report, the Board will take final action upon the report as guided by all relevant laws, County policies, and the contract of the subject of the complaint. In determining the appropriate disciplinary action to be imposed, the Board will consider, at a minimum, the following factors: 1. The seriousness and circumstances of the particular offense. 2. The past record of the employee and his or her length of service. 3. The lapse of time since the employee last received a disciplinary action. 4. The County's practice in similar cases. h. End of Active Investigation. The investigation shall be complete upon the occurrence of any of the following: i. The Employee Services Director determines that the complaint has not alleged a violation of law or County policy. ii. No commissioner places an item on the BOCC agenda within 90 days following presentation of the report. iii.An item is placed on the Board agenda and the Board takes final action as outlined in paragraph (g), above. i. Outcome Notification. The Employee Services Director shall notify the Subject and Complainant as to the outcome of the complaint after the end of the Active Investigation as set forth in paragraph h.