Resolution 171-1984
RESOLUTION NO. 171-1984
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, TO EXECUTE AN AGREEMENT FOR
PROFESSIONAL SERVICES BY AND BETWEEN WINIFRED
SHERIDAN SMALLWOOD AND MONROE COUNTY,
FLORIDA.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board of County Commis-
sioners of Monroe County, Florida, is hereby authorized to
execute an Agreement by and between Winifred Sheridan Smallwood
and Monroe County, Florida, a copy of same being attached hereto,
for professional services.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 1st day of June, A.D. 1984.
BOARD.~~~~OUNTY COMM. ISSIONERS
OF.c_.M..~R.....COUNT6' .OR IDA
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Chairman
(Seal)
Attest DANNY L. KOLHAGF., Clerk
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APPROVED AS TO FORM
A GAL SUFFICIENCY.
,
BY
A G R " " N E N T
THIS AGREEEENT enteredintG on this
j C<.t<! t.
r51"" day of~, 1984,
by and b~t~een ~onr08 County, Florida, a political subdivision of
t~~ c~~~~ of ~lrTl'da
~_l_ u \...1..-0. l-..... _ -... -v...... ,
h2:::-einafter referr-:::d to as IICounty" and
Hinifn::d Sheridan Smalb<700d, he,--einafter referred to as "Employ-
co",,"
"'"~ .
In consideratioh of the mutual covenants, promises, and
rep~esentntions contained herein, the parties agree as follows:
1. The County hereby e~ploys, engages and hires the Employ-
ee effective March 21, 1984, as an Assistant County Attorney in
the ~~gal Deparcment of ~onroe County to perform services as
foIl 0':7 S :
(2) Actends meecings of the Board of County
COI::missioners and renders legal assistance,
'opinions and advice as requested.
(b) Reviews documents of legal significance.
(c) Confers with County COITmissioners, department
heads, officers, employ~es and the public in
refere~ce to legal questions.
Cd) Meets with the above in both formal and informal
meetings and/or individual contacts.
(e) Provides written and oral legal opinions, advice
and guidance as requested and required.
(f) Participates in the conduct of the legal affairs
of the Board of County Commissioners.
(g) Performs contract negotiations, administrative
review, legislation and litigation.
(h) Drafts and presents legislative bills to
delegation for consideration.
(i) Assists the County Attorney with the supervision
0,[ ~is s"L,~lff.
(j) Performs other related duties as required.
2. Employee agrees that sh? will at al~ times faithfully,
industriously, 2nd to the best of her ability, experience and
..
"
L.'~J::":~S, '.Dd ire accordance "\-litJl L:he Code of Professioncll Respon-
sibility, perforn all of the duties that may be required
r- .
or &:1Cl
from her ~ursuant to the terms hereof.
3. County shall pay Employee, and Employee shall accept
frOLll Cc.jncy, ln payment for Employee I s sC~2:"vices hereunder,
compensation as follows:
Ca.) A minimum initial salary of $30,000 per annum,
subject to such increases as the County may grant
from time to time.
Employee's salary shall not be
2:"educed or diminished for any reason during her
employment hereunder.
(b)
Such additional benefits and services
"
"" ('
C....:l
are
received from time to time by various other types
of County employees, including but not limited to
medical and hospitali~ation insurance for herself
'and her dependents, life insurance, retirement,
social security, leave time, compensatory rime/
payment for overtime and paid holidays.
..(c) Employee shall be reirn.bursed by County for all
'.
travel expenses and per diem incurred ln
connection with the conduct of County business
within or without Monroe County.
Cd) It is expressly provided and understood that
FmDlo\r~p l'S c ful1-time/PQrm~n~nt e~pl')vee a~C1' a
.......&.J......L ~ e -' (....L ..-..l.. ..-..J... c::._l...e<.... t__....o. 1..':".1.. .....'. J .......
Career Service Employee as defined by Section
2-37, f'Ionroe County Code.
4. County shall at its expense provide and make available
to E~ploY2e the opportunity to attend and participate in Continu-
ing Legal Education programs sponsored
,
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the Florida Bar or
others which are reasonably related to her duties as required by
the County Attorney.
c::
J .
E~ploY2e shall devote substantirrlly aJ.l of her time~
attention, knowledge and skills to the legal matters of the
County during the normal work week. Employee rnay, where no
r)
L
C")l':<~ict ",f interest exists, e:.:~:)'ge In the privEite praccice ot
.1...[:\';' our
her orr-hours only ~E em advisory c:ap.:city.
6. The parties acknowledge that this Employee has been
required to terminate her previous employment with the Florida
Legisla~ure, t~ke a substantial cut in salary and in benefits,
a~d entirely at her Qwn expense relocate herself and her family
to Key West to enter into this Agreement and therefore, County
agrees to nontermination of this Agreement by it for a period of
eighteen (13) months except dismissal for cause as defined by the
Monroe Ccunty Employment Policies and Procedure Manual or in the
event of the employee1s physical illness or disability which
completely prevents the employee from performing her job
responsibilities for an extended period of tim~ which is not
relnt8d i;:'1 any ';Jay LO the Employee I s employment vlith the County,
and 'h7"~lich arises from physical conditions which vlere knovln tc
exist at ~he time of conmencement of her employment with the
Cou~-~::y .
7. Employee may be terminated in the following manner:
~a) For Cause. Majority or three (3) Co~missioners of
the County COTmission may remove the Employee from
office for cause as set forth in Section 9.10 of
the Monroe County Employment Policies and
Procedures Manual in accordance with the
procedures set forth in the County Administration
Law of 1974 also knov~, as Part III of Chapter 125,
Florida Statutes, as amended.
(b)
Termination Without Cause.
A maioritv of three
~ "'
(3) COITunissioners of the Count:/ Commission meY
remove the Employee at any time without cause by
enactment of a resolution at any regularly
convened County Commission meeting in accordance
1;\'i th Lt:e procedures ~~ct for th :in the County
AUIllinistrCJtion LavJ of 1974, also KEO'tin as Pa.re II:'::
of Chapter 125, Florida Statutes, 2S amended.
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L.on:.:..J.. s ~ ~"
Up, ac"opticll1 of said re~>oh:tion by the Board, the County
shall cause to be paid to the Employee, th2 tala~ce
'du2 her i~ salary for the remainder of this eighteen (18) month
contLwct, together ~vith paymenL for accreed annual leave ane sick
leave noc yet taken by her. Full payment shall be made by County
'Iii thin t\i2I1 ty (20) days of slicl, terElina t ion.
the Board for cause under the provisions of paragraph 7. (a)
Adcitionally, in the event that said Employee is removed by
whicl~ shall becoTte final after appeal or withouL appeal, said
above, and a Court of competent jurisdiction renders a judgment
removal Shall then be deemed to have been a removal without cause
under the provisions of paragraph 7. (b) above, and said Employee
shall be entitled to salary payment for the remainder of her
eigh:een (18) month concra~t together with accrued annual and
sick leave not yet taken by her.
In addition, she shall receive
her reasonable attorneyfs fees and court costs incurred in
successfully bringing said suit.
In the event the County shall abolish the Employee's posi-
tio:." or:- ..Lay the Employee off, the same shall be deemed a removal
without cause under this subsection.
IN WITNESS lillEREOF, the parties hereto have executed this
agreement the d2v and year first above written.
COUNTY OF MONROE, STATE OF FLORIDA
By
Nayor and Chairman of the Board
of County COIT@issioners or
Monroe County, Florida
(SEAL)
Attest:
CI C' r rc
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HITNESS
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WINlrpRVDSHEB-
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APPROVEDAS TO FORM
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