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Resolution 482-1989 Planning Department RESOLUTION NO. 482- 1989 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ- ING THE MAYOR TO EXECUTE AN EMPLOYMENT, AGREEMENT BY AND BETWEEN MONROE COUNTY, FLORIDA, AND GARTH C. COLLER BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Mayor/Chairman of said Board is hereby authorized to execute an Employment Agreement by and between Monroe County, Florida, and Garth C. Coller, a copy of same being attached hereto, for the purpose of employing the said Garth C. Coller as an Assistant County Attorney. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 9th day of August, A.D., 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By /Ii/;;UR/J Mayor/Chairman (SEAL) Attest: DA,N'NX L. :KOLHAGE, Clerlt ~. xP~"'1/&~ Clerk' APPROVED AS TO ~ I , BY ~DLEGAL SUFFlC(t~. Attorney's Office z[: O,p, h7 .-,..,. ." v "i/j" '"g l.,. ."..d y h '-' . '-;\.1I,r, -;., ,. UUU0..Ji:.! dC.:,i U::FJ'.J I... MONROE COUNTY STANDARD EMPLOYMENT AGREEMENT Agreement entered into this 9th day of August 1989, for a period of three (3) years by and between the Monroe County Board of County Commissioners, a political subdivi- sion of the state of Florida, hereinafter referred to as "Board" and Garth C. Coller , hereinafter referred to as "Employee" . In consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: The Board hereby employs, engages, and hires Employee as the _j\~~~stant County Attor~ under the direct management of the County Attorney and Employee shall carry out to the best of his ability the following func- tions and duties: In addition to the juri sdiction, authority and duties which may be conferred upon the Employee by other provisions of the Monroe County Code, the Employee shall have the following jurisdiction, authority and duties, as described in Addendum A (Attached signed copy of job description). 1. Employee agrees that he will at all times faithfully, industriously, and to the best of his ability, experi- ence and talents, perform all of the duties that may be requi red of and from him pursuant to the terms hereof. 2. This Board shall pay accept from the Board, Employee, and Employee shall in full payment for Employee's services hereunder, compensation as follows: (a) Salary of ____~OOO per annum. (b) Benefits and services received by other Monroe County Employees, including but not limited to life insurance, medical, hospitalization, dental and vision care, retirement, holidays, annual and sick leave and Social Security benefits as provid- ed by the Monroe County Personnel Policies and Procedures except as expressly amended below: (c) Employee, at the direction of the County Attor- ney shall represent the County's interests at national, state and local professional society functions. 3. The Employee shall be entitled to annual cost of liv- ing raises as may be awarded to Monroe County employ- ees each fiscal year. 4. Merit raises as may be awarded on an annual basis at the Monroe County Board of County Commissioners approved rate, if so recommended by the County Attorney. S. Employee shall devote all of his time, attention, knowledge, and skill during working hours solely to County matters, and Employee shall not engage in the practice of his profession in the private sector. 6. The Employee shall have the use of County services and personnel to carry out the functions of his job, in- cluding, but not limited to: Legal, accounting, secre- tarial and clerical assistance. (Office space, utili- ties, telephone services, custodial services, books, library, postage, office supplies, photocopy equip- ment, furniture, office equipment and computer equip- ment as may be necessary.) 7. Employee shall have the following amenities in addi- tion to those mentioned above: (a) At the County Attorney's discretion, employee may be reimbursed for tuition and costs of prof- essional education programs related to his duties. (b) An additional five (5) day administrative leave, at the County Attorney's discretion. 8. The Board shall reimburse the Employee for all travel and lodging expenses on approved County business. 9. Employee may be terminated in the fOllowing manner: 2 (a) For Cause. The County Attorney may remove the Employee from office for cause as set forth in the Monroe County Employment Policies and Proce- dures Manual in accordance with the procedure set forth in the County Administration Law of 1974, also known as Part I I I of Chapter 125, Florida Statutes, as amended. (b) Termination Without Cause. The County Attorney, with concurrence from the Board of Commissioners, may remove the Employee at any time without cause by enactment of a resolution at any regularly convened Board 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, the Board shall cause to be paid to the Employee six (6) months severance pay, together with payment for accrued annual leave not yet taken by him. Full payment shall be made by the Board within twenty (20) days of such termination. Addi tionally, in the event that said Employee is re- moved for cause under the provisions of 9.(a) above, and a court of competent jurisdiction renders a judgment which shall become final after appeal, he shall receive his reasonable attorney's fees and court costs incurred in successfully bringing said suit, if Employee is adjudicated not guilty under 9.(a). In the event that the Board shall vote to abolish the Employee's position during Employee's term of office, the same shall be deemed a removal without cause under the provisions of this subsection. 10. Notwithstanding Paragraph 9, the County Attorney shall review the Employee's performance at the end of the first year's employment. The basis for said review shall be an analysis of the Employee's performance as specified in Addendum A. 3 11. Employee may begin the period of his employment on or before August 10 , at the Coun- ty Attorney's discretion. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY MAYOR/CHAIRMAN (SEAL) CLERK BY ) )> Ov '- tL- EMPLOYEE NAME kR P ,kin WITNESS Attorney's Off,c.I' '''--,,- Br 4 O • . ASSISTANT COUNTY ATTORNEY • These positions are located in the Legal Department. Duties include providing legal counsel to the various Department Heads , Boards , Committees , etc. , and preparation of pleadings , etc. , while under the direction and supervision of the County Attorney. The prime work undertaken by the Assistant County Attorney (part-time) will be to handle court matters at the Marathon and Plantation Sub-Courthouses. RESPONSIBILITIES AND DUTIES The Assistant County Attorneys and (part-times) shall be under the direction and supervision of the County Attorney. They shall be responsible for the preparation of ordinances , resolu- tions , opinions , correspondence, pleadings , briefs , attendance at hearings , etc. , which are to be handled by this office and assigned to each Assistant by the County Attorney. . KNOWLEDGE REQUIRED BY THE JOB ''. Knowledge of the statutory and constitutional laws of the State of Florida, especially as they apply to County Government. Knowledge of judicial procedure, the methods and practices of pleading, and of effective techniques in presentation of cases. Knowledge of County operations and administration with particular emphasis relating to their legal significance and inter-related functions. • Knowledge of the principles , methods and practices of legal research. Ability to draft legal instruments , ordinances , and resolu- :a tions. Understand and handle County legal responsibilities in proceedings before the Court outside of the Key West area, when called on. LICENSE AND/OR CERTIFICATES Possession of a Juris Doctorate from an accredited law • { school , member of the Florida Bar qualified to practice in Federal Courts. At least four years experience in the practice of law. Shall not conduct a private practice of law while serving as an Assistant County Attorney. ADDENDUM "A" • .... ~.. . r;.~ '.' " ~I .. .', APPROVED BY: Department Head APPROVED /'" BY'~ V 'County Administrator DATE ,J' 5/lsltc' I I On this date I have received a copy of my job description relating to my employment with Monroe County. . :' " '-"~'JI'