Resolution 130-1981RESOLUTION 130 - 1981
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD
OF THE COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
TO EXECUTE AGREEMENT FOR PROFESSIONAL SERVICES BY
AND BETWEEN LUCIEN C. PROBY, JR. AND MONROE COUNTY,
FLORIDA.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, as follows:
That the Chairman of the Board of County Commissioners
of Monroe County, Florida, is hereby authorized to execute
an Agreement by and between Monroe County, Florida and Lucien
C. Proby, Jr. for professional services.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting held on the
21st day of April, 1981.
(SEAL)
Attest:
r
BOARD OF COUNTY COMMISSIONERS
OF PWE,_.COUNTY ,_ FLORIDA
By
APPROVED AS TO FOOM
U AL SUFRCiENCY
a: .-"ENT
Agreement _::i c�re i into this
21stday of April
I
1981, by and (n County, Florida, a political
subdivision of t':., State of Florida, hereinafter referred to
as "County" and T,uc,in :roby, hereinafter referred to as
"Employee."
In consideration of the mutual covenants, promises, and
representations contained herein, the parties agree as
follows:
1. County hereby employs, engages, and hires Employee
as the County Attorney to be head of legal department of
Monroe County and direct the legal staff of Monroe County
and to perform services as follows:
(a) Attend meetings of the Board of County Commissioners
and render legal assistance, opinions, and advice
as reQuested.
(b) Review all documents of legal significance.
Cc) Confers with County Commissioners, Department Heads,
officers, employees, and the public in _reference to
legal questions.
(d) Meets with the above in both formal and informal meet-
ings and/or individual contacts.
(e) Provides written and oral legal opinions, advice and
cruidance as required.
(f) Supervises and 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) Supervises a staff of professional and clerical
employees.
(j) Performs other related duties as required.
Page One of Three Pages
postage, off-c, _-;'i_s, -hotocopy equipment, furniture and
office equir�ent ;y '.,e-1-cessary for the proper and
efficient fuTIC". �f .!,e lecjal department.
7. County, :;n«11 provide Employee during the term of
this Agreement:
(a) An auto_-ioiDi le for use on County business; and
(b) Further, Employee shall be reimbursed by County
for all travel expenses on County business outside
of Monroe County as is afforded other County
employees.
8. The parties acknowledge that this Employee has
been required to terminate his extensive private legal
practice to enter into the agreement and therefore, County
agrees to nontermination of this agreement for a period of
eighteen (18) months except dismissal for cause as defined
by Monroe County Employment Policies and Procedure Manual.
9.
Employee Tnay be terminated in
the
following manner:
Cal
For Cause. Majority of three
(3)
Commissioners of
the County Commission may remove the Employee from
office for cause as set forth in Section 9.01 of the
Monroe County Employment Policies and Procedures
Manual in accordance with the procedures set forth
in the County Administration Law of 1974 also known
as Part III of Chapter. 125 Florida Statutes as
amended,
Cb.Z_ Termination Without Cause, ,A majority of three (3)
Commissioners of the County Commission may remove
the Employee at any time without cause by enactment
of a resolution at any regularly convened County
Commission meeting in accordance with the procedures
set forth in the%County Administration Law of 1974,
also known as Part III of Chapter 125,,Florida
Statutes, as amended.
Upon adoption of said resolution by the Board, the County
Commission shall cause to be paid to the Employee, the balance
Page Three of Four Pages
due him in sal�::r,, =<,r h�� ;minder of this eighteen (18)
month contract, ...--ier evith payment for accrued annual leave
s^1:11 ^ayment shall be made by County not yet taken »y
within twenty ('.0) ays of such termination.
Additionally, in the event that said Employee is removed
by the Board for cause under the provisions of 9. (a) above,
and a Court of competent jurisdiction renders a judgment which.
shall become final after appeal or without appeal, that said.
removal shall then be deemed to have been a removal without
cause under the provisions of 9. (b) hereunder and said Employee
shall be entitled to salary payment for the remainder of his
eighteen (18) month contract together with accrued annual leave
not yet taken by him, In addition, he shall receive his rea-
sonable attorney's fees and court costs incurred in success-
fully bringing said suit,
In the event that the Board shall vote to abolish the
office of County.Attorney during Employee's term of office, the
same shall be deemed a removal without cause under the provision
of this subsection. -
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
.COUNTY OF MONROE, STATE OF FLORIDA
By 'n r
M yor aped Chairman of the
card of County Commissioners
of -Monroe County, Florida
Attest:
000- LE RK
LUCIEN C. PROBY, JR.
Page Four of Four Pages
(-SEAL)