Resolution 207-1981
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RESOLUTION NO. 207-1981
AUTHORIZING THE MAYOR OF MONROE OF
MONROE COUNTY TO ENTER INTO AN EM-
PLOYEMENT AGREEMENT WITH THE COUNTY
ADMINISTRATOR, MR. KERMIT LEWIN, AND
IN SO DOING APPROVE SUCH EMPLOYMENT
CONTRACT.
WHEREAS, the Mayor and County Commission of Monroe County,
Florida has examined and entertained the proposed contract with
the County Administrator, Mr. Kermit Lewin, for a period of two
(2) years as is set forth in said contract and
WHEREAS, the County Commission desires to ratify said agree-
ment with the foresaid County Administrator and entitled the Mayor
of Monroe County, Florida, to enter into said agreement as was
presented at the meeting of July 14, A.D. 1981. Now, therefore
BE IT RESOLVED by the Mayor and County Commission of Monroe
County, Florida, that the contract presented at the regular meet-
ing of the County Commission of Monroe County on July 14, A.D.
1981, entitled Employment Agreement which is a contract with the
County and the County Administrator, Mr. Kermit Lewin, for a
period of two (2) years be in the same as hereby ratified.
THAT the Mayor of Monroe County, Florida, be and he is hereby
impowered and directed to enter insaid contract at is discribed
here and above, for and in behalf of Monroe County, Florida.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held on
the 14th day of July, A.D. 1981.
BOARD OF
OF
By
(SEAL)
Attest:
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APPROVED AI 10 FORM
A 'D AL SUFFICIENCY.
BY
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EMPLOYMENT AGREEMENT
COUNTY ADMINISTRATOR
THIS AGREEMENT, made and entered into this 1st day of
December, A.D. 1981, by and between the COUNTY OF MONROE, STATE
OF FLORIDA, a political subdivision of the State of Florida,
hereinafter called the "County", as Party of the First Part, and
KERMIT H. LEWIN, hereinafter called "Employee", as Party of the
Second Part, both of whom understand the following:
WITNESSETH:
WHEREAS, the County desires to employ the services of the
said KERMIT H. LEWIN as County Administrator of the County of Monroe
as provided by County Ordinance No. 13-1977, and
WHEREAS, it is the desire of the County Commission to provide
certain benefits, establish certain conditions of employment, and
to set working conditions of said Employee, and
WHEREAS, it is the desire of the County Commission to (1)
secure and retain the services of Employee and to provide inducement
for him to remaln in such employment; (2) to make possible full work
productivity by assuring Employee's morale and peace of mind with
respect to future security; (3) to act as a deterrent against
malfeasance or dishonesty for personal galn on the part of the
Employee; and (4) ~provide a just means for terminating Employee's
services at such time as he may be unable fully to discharge his
duties due to age or disability or when County may desire to other-
wlse terminate his employ; and
WHEREAS, the Employee desires to accept employment as
Administrator of said County;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants
hereinafter set forth, the parties hereto agree as follows:
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1. EMPLOYMENT AND TERM OF EMPLOYMENT
A. Monroe County hereby agrees to employ the Employee as
County Administrator of Monroe County to perform the functions and
duties set forth in this Agreement, and as specified by Florida
Statutes 125.74 and other applicable laws and to perform such other
legally permissible and proper duties and functions as the County
Commission in open regular meeting shall from time to time asslgn
to him.
B. The Employee does hereby accept said employment ln accordance
with the terms of this Agreement.
C. His appointment shall be for a period of two (2) years,
commencing December 1, 1981, and expiring, unless renewed on
November 30, 1983.
D. Nothing in this Agreement shall prevent, limit, or otherwise
interfere with the right of the County Commission to terminate the
services of the Employee at any time for cause. A cause sufficient
to justify termination by the Board of County Commissioners shall be
any of those matters described as "major offenses" in Section 9.01
of the Monroe County Employment Policies & Procedures Manual as they
now read and as they may be amended from time to time.
E. Nothing in this Agreement shall prevent, limit, or otherwise
interfere with the right of the Employee to resign at any time from
his position with the County, providing the Employee shall give the
County Commission ninety (90) days notice in advance, unless the
parties shall otherwise agree.
F. The parties agree that the Employee shall retain his Career
Service status and shall be subject to the same rules and regulations
as other County employees.
2. POWERS AND DUTIES
The Employee shall be responsible for the administration of
all departments responsible to the Board of County Commissioners
and for the proper administration of all affairs under the jurisdiction
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of the Board. To that end, the Employee shall by way of enumeration
and not by way of limitation, have the following specific powers and
duties to:
A. Administer and carry out the directives and policies of the
Board of County Commissioners and enforce all orders, Resolutions,
Ordinances, Administrative Orders, and regulations of the Board to
assure that they are faithfully executed.
B. Report to the Board on action taken pursuant to any directive
or policy within the time set by the Board and provide an annual
report to the Board on the state of the County, the work of the
previous year, and any recommendations as to actions or programs he
deems necessary for the improvement of the County and the welfare
of its residents.
C. Provide the Board, or individual members thereof, upon
request, with data or information concerning County government and
to provide advice and recommendations on County government operations
to the Board.
D. Prepare and submit to the Board of County Commissioners for
its consideration and adoption an annual operating budget, a capital
budget, and a capital program.
E. Establish the schedules and procedures to be followed by
all County departments, offices, and agencies in connection with the
budget and supervise and administer all phases of the budgetary
process.
F. Prepare and submit to the Board after the end of each
fiscal year a complete report on the administrative activities of
the County for the preceding year and submit his recommendations.
G. Supervise the care and custody of all County property.
H. Recommend to the Board a current position, classification)
and pay plan for all positions in County service.
T. Develop, install, and maintain centralized budgeting,
personnel, legal, purchasing procedures, and creation of a system
of Program Budgeting by Fiscal Year 1983-84.
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J. Organize the work of County departments, subject to an
administrative code developed by the Administrator and adopted by
the Board, and review the departments, administration, and operation
of the County and make recommendations pertaining thereto for re-
organization by the Board.
K. Select, employ, and supervlse all personnel and fill all
vacancies, positions, or employment under the jurisdiction of the
Board. However, the employment of all department heads shall require
confirmation by the Board of County Commissioners.
L. Suspend, discharge, or remove any employee under the
procedures adopted by the Board.
M. Negotiate leases, contracts, and other agreements, including
consultant services, for the County, subject to approval of the
Board, and make recommendations concerning the nature and location
of County improvements.
N. See that all terms and conditions in all leases, contracts,
and agreements are performed and notify the Board of any noted
violation thereof.
o. Order, upon advising the Board, any agency under his
jurisdiction as specified in the administrative code to undertake
any task for any other agency on a temporary basis if he deems it
necessary for the proper and efficient administration of the County
government do do so.
P. Attend all meetings of the Board with authority to participate
ln the discussion of any matter.
Q. Perform such other duties as may be required of him by the
Board of County Commissioners.
It is the Board's intent to grant to the Employee only those
powers and duties which are administrative or ministerial in nature
and not to delegate any governmental power imbued in the Board of
County Commissioners as the governing body of the County pursuant
to 1 (e), ARTICLE VIII of the State Constitution. To that end, the
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above specifically enumerated powers are to be construed as
administrative in nature anJ In any exercise of governmental power
the Administrator shall only be performing the Juty of advising the
Board of County Commissioners in its role as the policy-setting
governing body of the County.
Further, it is the intent of the Board that said Employee shall
be the chief administrative official for Monroe County and shall be
responsible for the administration of all departments which the Board
has authority to control. Said Employee shall be directly responsible
to the Board and shall implement and execute the policies of the
Board as promulgated by the Board In open official meetings; provided,
however, that said Employee shall not have authority to establish
County policy, which policy decisions are hereby declared to be the
exclusive jurisdiction of the Board in exercising of the State of
Florida or for any general or special laws enacted thereunder.
R. Supervise the construction, acquisition, control, use and
maintenance of all personal property, buildings, furnishings and
equipment owned or leased by the County.
S. Serve as a liaison between the governlng body and other
County officials, special tax districts within the County,
municipalities within the County, the County government of other
counties and all Federal and State governmental agencies, officers
and officials.
3. METHOD OF TERMINATION
A. For Cause. A 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
B.
125, Florida Statutes, as amended.
Termination Without Cause. A majority of three(3) Commissioners
of the County CommIssIon may remove the County Administrator 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.ad?ption of said resolution by the Board, the County
CommIssIon shall cause to be paid to the County Administrator
the balance due him in salary for the remainder of this two(2j
year Contract, together with payment for accrued annual leave
not yet taken by him.
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Additionally, in the event that said County Administrator is
removed by the Board for cause under the Provisions of 3.A. above,
and a Court of competent jurisdiction renders a judgment which shall
become final after appeal, or without appeal, that said removal for
cause was without foundation in law or fact and constitutes an abuse
of discretion, then in that event, said removal shall then be deemed
to have been a removal without cause under the Provisions of 3.B.
hereunder, and said Employee shall be entitled to salary payment for
the remainder of his two (2) year Contract together with accrued
annual leave not yet taken by him. He shall not be entitled to
reinstatement as County Administrator.
In the event that the Board shall vote to abolish the office of
County Administrator during Employee's term of office, the same shall
be deemed a removal without cause under the prOV1Slons of this subsection.
4. REDUCTION OF SALARY
The salary called for under this Agreement may at any time
during Employee's term be reduced by the Board of County Commissioners
so long as said reduction is a part of an across-the-board reduction
applicable to all County employees and so long as such reduction is
no greater a percentage than the applicable across-the-board reduction
for all County employees.
5. SALARY & BENEFITS
The County agrees to pay Employee for his services, an annual
salary of $36,000.00, payable bi-monthly. In addition to said salary,
he shall be entitled to accrue annual leave in accordance with the
Monroe County Employment Policies & Procedures ln like manner as
permanent employees and shall receive Retirement, Insurance, and Sick
Leave benefits as are provided permanent County employees. He shall
be entitled to receive reimbursement for travel and lodging while on
County business on an actual cost basis incurred and he shall keep
receipts for such travel and lodging for auditing purposes.
There shall be no requirement for prior approval in advance of travel
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outside of the County except in instances where it is known that said
travel will require absence from the County exceeding three (3) working
days.
Said Employee shall be provided by the County with a suitable
automobile, office, office equipment, office supplies, and personnel
as he shall deem necessary for performing his duties as County
Administrator.
6. PERFORMANCE
The Employee agrees to devote his time, energy, and ability to
the interest of the County and to faithfully perform his duties in
an efficient and business-like manner and ln full conformity with
all rules, regulations, and procedures as they exist at the time of
the execution of this Agreement and as said rules, regulations, and
procedures may be amended subsequent hereto.
7. COUNTY PROPERTY
All files concernlng County business ln the office of Employee
shall belong to and remain the property of the County. However, the
Employee shall have the right during the term of his employment and
after the termination of his employment to examine and copy all such
records prepared by him.
8. NON-ASSIGNABLE RIGHTS
The Employee's rights and obligations under this Agreement are
personal to him and are not assignable.
9. INTERPRETATION OF AGREEMENT
This Agreement shall be interpreted, construed, and governed
according to the laws of the State of Florida and this Agreement
represents the entire and integrated Agreement between the County
and the Employee and supersedes all prior negotiations, representations,
or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both the County and the
Employees.
10. PROFESSIONAL DEVELOPMENT
The County agrees to budget and to pay the dues and sub-
scriptions of Employee necessary for full participation in National,
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Regional, State, and local associations and organizations necessary
and desirable for the good of the County.
The County agrees to budget and to pay the travel and subsistence
expenses of Employee for travel.
IN WITNESS WHEREOF, the parties hereto have subscribed their
names and seals this day and year first above written.
BOARD OF COUNTY COMMISSIONERS
of MONROE COUNTY, FLORID~
BY/ J, 1;.IV~..x
~ rChairman~
(Seal)
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// - KERMIT H. LEWIN J
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