Resolution 143-1978
RESOLUTION NO. l43 - 1978
RESOLUTION AUTHORIZING CHAIRMAN OF BOARD TO
EXECUTE EMPLOYMENT AGREEMENT WITH COUNTY
ADMINISTRATOR.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
l. That the Chairman of the Board be and he is hereby
authorized to execute in behalf of the Board, the Employment Agreement
with the County Administrator.
RESOLVED in Regular Meeting at Key West, Monroe County, Florida
this 6th day of June, A.D. 1978.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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approva. , RIClIARD G. PAYHE
AS5t. Cct.mty KUorm:j
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EMPLOYMENT AGREEMENT
COUNTY ADMINISTRATOR
THIS AGREEMENT, made and entered into this 6th day of June,
A.D. 1978, 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 WILLIAM E. p. ROBERTS, JR.,
hereinafter called "Employee", as Party of the Second Part, both of
whom understand the following:
WIT N E SSE T H
WHEREAS, the County desires to employ the services of the said
WILLIAM E. P. ROBERTS, JR. as County Administrator of the County of
Monroe as provided by County Ordinance No. 13 - 1977 and Resolution
No. 87 - 1978, 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 remain 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 gain on the part of the Employee;
and (4) to 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 otherwise terminate
his employ; and
WHEREAS, the Employee desires to accept employment as Adminis-
trator of said County;
NOW THEREFORE, IN CONSIDERATION of the mutual covenants herein-
after set forth, the parties hereto agree as follows:
1. INTERIM AGREEMENT.
That the Interim Agreement entered into by the parties on
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April 4, 1978 is hereby cancelled and the rights of each party there-
under are hereby superceded by this Agreement.
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 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, and regulations of the Board to assure that they are faith-
fully 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 opera-
tions 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
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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, classifica-
tion and pay plan for all positions in County service.
(i) Develop, install and maintain centralized budgeting,
personnel, legal, and purchasing procedures.
(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 reorga-
nization by the Board.
(k) Select, employ;' and supervise 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.
(1) 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, con-
tracts and agreements are performed and notify the Board of any noted
violation thereof.
(0) 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
to do so.
(p) Attend all meetings of the Board with authority to
participate in the discussion of any matter.
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(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), Art. VIII of the State Constitution. To that end, the above
specifically enumberated powers are to be construed as administrative
in nature and in any exercise of governmental power the administrator
shall only be performing the duty 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 execu~e 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 juris-
diction of the Board in exercising its responsibilities and duties
pursuant to the Constitution 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 governing 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 off ic ia Is.
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3. TERM OF EMPLOYMENT.
A. Monroe County hereby agrees to employ the said
WILLIAM E. P. ROBERTS, JR. 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 per-
missible and proper duties and functions as the County Commission
in open regular meeting shall from time-to-time assign to him.
Bo His appointment shall be for a period of four (4)
years, commencing April 1, 1978, and expiring, unless renewed
on April 1, 1982.
C. 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 tLme 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 10.02 of the Monroe County Employment Policies
and Procedures Manual as they now read and as they may be amended
from time-to-time.
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D. 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 partes shall otherwise agree.
E. The Employee understands that he shall have no career
service status under the laws applicable to Monroe county and that he
is hereby contracted with to provide a specific service to the Board
for the term of his employment.
F. Employee agrees to remain in the exclusive employ of
the County until April 1, 1982, and neither to accept nor to become em-
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ployed by another employer until said termination dateA unless said -~~,~
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termination, date is effected as herein.cLLE provided.
The term "employed" shall not be construed to include
occasional teaching, writing, or consulting performed on Employee's
time off.
4. METHOD OF TERMINATION.
A. For Cause.
A constitutional majority (3) of the County Commission
may remove the Employee from office for cause as set forth in Section
lOo02 of the Monroe County Employment policies and Procedures Manual
except that said removal shall be made in accordance with the following
procedure:
The County Commission shall adopt a preliminary reso-
lution setting forth the reasons for the removal of the County Admini-
strator and after such adoption, furnish to the County Administrator,
a true copy of the approved resolution. After adoption of said preli-
minary resolution, the County may, by motion duly made and carried,
elect to suspend the County Administrator from employment with pay
for a period not to exceed 30 days.
After adoption of the preliminary resolution, the
County Administrator may, in writing addressed to the Clerk of the
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Board, request that a hearing be held on the preliminary resolution
of removal. Such a request must be made within seven (7) days of the
date of the adoption of said preliminary resolution of removal. Upon
receipt of a timely request for a hearing, the County Commission shall
convene a meeting no later than 30 days from the date of adoption of
the preliminary resolution of removal.
If the County Administrator shall fail to make such a
request in writing for a hearing within 7 days after the date of the
adoption of the preliminary resolution of removal, the County Commis-
sion shall be authorized to adopt a final resolution of removal at
any regularly convened County Commission meeting thereafter with or
without notice to the County Administrator.
In the event the County Administrator does make such
a request for a hearing in writing and in a timely manner - in that
event, after completion of said hearing, the Board may vote to adopt
a final resolution of removal or may vote to rescind the preliminary
resolution of removal, whichever they deem fitting and proper.
If a final resolution of r~moval is adopted, the
County Commission shall cause the County Administrator to be paid
any unpaid balance of his salary due him under the 30 day suspension
with payor due him for work days completed in the current or past
month, and thereafter, the County Commission shall have no obligation
to pay any further sum to said Administrator.
B. Termination without Cause.
A constitutional majority (3) 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.
Upon adoption 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 his four (4) 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 4.A abovesaid
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 4.B hereunder and said Employee shall be entitled
to salary payment for the remainder of his four (4) year contract
together with accrued annual leave not yet taken by him. In addition,
he shall receive his reasonable attorneys fees and court costs incurred
in successfully bringing said suit, but 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 provisions of
this subsection.
5. 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 Commis-
sioners 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.
6. SALARY & BENEFITS.
The County agrees to pay Employee for his services, an
annual salary of $30,000.00, payable bi-monthly. In addition to said
salary, he shall be entitled to accrue annual leave in accordance
with the Monroe County EmploymentPolicies and Procedures in 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 costs basis incurred and he shall,
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keep receipts for such travel and lodging for auditing purposes.
There shall be no requirement for prior approval in advance of
travel outside of the County except in instances where it is known
that said travel will require absence from the County exceeding 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.
7 . PERFORMANCE.
The Employee agrees to ~evote 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 in 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.
8. COUNTY PROPERTY.
All files concerning County business 1n 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.
9. NON-ASSIGNABLE RIGHTS.
The Employee's rights and obligations under this Agreement
are personal to him and are not assignable.
10. INTERPRETATION OF AGREEMENT.
This Agreement shall be interpreted, construed, and governed
according to the laws of the State of Florida and this Agreement repre-
sents the entire and integrated Agreement between the County and the
Employee and supersedes all prior negotiations, representations, or
agreements, either written or oral. ThE Agreement may be amended only
by written instrument signed by both the County and the Employee.
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11. PROFESSIONAL DEVELOPMENT.
The County agrees to budget and to pay the dues and sub-
scriptions of Employee necessary for full participation in national,
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 subs is-
tance expenses of Employee for professional travel.
IN WITNESS WHEREOF, the parties hereunto have subscribed
their namesand seals this day and year first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Witnesses .jas to the sign~)ture
of, WILLIAM E. p. ROBERTS, JR.
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