04/19/2006 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
April 21, 2006
TO:
Suzanne Hutton
County Attorney
ATTN:
FROM:
Kathy Peters
Executive Assistant
Pamela G. Hanc~
Deputy Clerk CJ'
At the April 19, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Employment Agreement between Monroe County and
Suzanne A. Hutton to serve as Monroe County Attorney.
Enclosed is a duplicate original of the above-mentioned for your handlling. Should you
have any questions please do not hesitate to contact this office.
cc: County Administrator
Finance
File/'
EMPLOYMENT AGREEMENT
THIS AGREEMENT is entered into the 19th day of April, 2006, by and between the Board
of County Commissioners of Monroe County ("Board), Florida, a political subdivision of the State
of Florida, whose address is 500 Whitehead Street, Key West, Florida 33040, and Suzanne A.
Hutton, an attorney licensed to practice law in the State of Florida, ("Attorney"), whose residential
address is 551 Pine Lane, Big Pine Key, Florida 33043.
WHEREAS, Attorney is presently filling the position of Interim County Attorney; and
WHEREAS, Board desires to hire Attorney as its County Attorney; and
WHEREAS, the parties have determined that the terms and conditions of this Agreement are
to the equitable benefit of both parties;
NOW, THEREFORE, the Board and Attorney hereby agree as follows:
1. Employment. Attorney is hereby employed by Board as County Attorney, which position shall
be a full-time position. Work hours performed, annual leave, personal leave, and sick leave hours
taken will be documented on a form or forms to be provided by Board. Board agrees that any
period of probationary service that may be applicable to the position of County Attorney under the
provisions of the Monroe County Personnel Policies and Procedures Manual is hereby waived.
2. Sole Client. Attorney agrees that she will not provide legal services, whether for a fee or pro
bono, for any other person or entity without the express written approval of the Board. It is the
intent of this section that Attorney will have no other private or public clients.
3. Post-Employment Restrictions. Attorney agrees that, for a period of twenty-four (24) calendar
months from the effective date of termination of this Agreement, Attorney shall conform to the
requirements of Chapter 2, Article XXI, Monroe County Code, governing lobbying and
procurement ethics for former officers and employees, and shall not represent clients before the
Board or any of its advisory bodies.
4. Disclosure of Financial Interests. Section 112.3145, Florida Statutes, requires financial disclosure
by a "local officer," and subsection (l)(a) defines local officer to include "any person holding one or
more of the following positions: ...county or municipal attorney." Attorney agrees to make such
disclosures on such forms and at such times as may be required by state law.
5. Term of Agreement; Termination.
A. Normal Term. The normal term of this Agreement will be for a period of forty-eight (48)
calendar months, commencing at 9:00 A.M. on the 1st day of May, 2006, and ending at 5:00 P.M.
on the 30th day of April, 2010.
B. Extension of Term. The parties shall have the following options for extension of term of
agreement, to be mutually exercised by written addendum to this agreement. The first renewal
option shall be for a term of eighteen months, and any further renewals shall each be for a term of
twelve months.
c. Termination of Agreement.
Hutton/Co.Atty.
1. By Board for Cause. This Agreement may be terminated by Board for cause by a majority
vote of the Board of County Commissioners at a duly noticed public meeting. At least fifteen (15)
days prior to the date on which the agenda for the Board of County Commissioners is prepared that
contains the item of termination to be acted upon, Board will provide to Attorney a detailed written
statement of the reason or reasons for which termination is being sought. The statement will
include, but not be limited to, the act or acts, omission or omissions, or default or defaults which
form the basis for which termination is sought, along with the relevant date or dates, time or times,
and location or locations. As used in this paragraph, "for cause" means (a) dishonesty with respect
to the business and operation of the Board; (b) confirmed violation of the Board's drug policy; (c)
refusal to cooperate in an investigation regarding any aspect of the business or operation of the
Board, which investigation is conducted by or at the express direction of the Board; (d) conviction
of a crime which is classified as a felony or a crime involving moral turpitude; and (e) gross neglect
or willful or intentional misconduct.
2. By Attorney for Breach. This Agreement may be terminated by Attorney upon a breach of
this Agreement by Board, provided the Board has not cured the breach within thirty (30) days
following receipt of the notice of the breach. If the breach has not been cured, termination will be
effective on the thirty-first day following receipt of written notice from Attorney by the Board.
Notice shall be deemed to be received by the Board if sent to the Mayor.
3. By Normal Expiration. This Agreement is terminated upon its normal expiration date as
stated in Section 5.A. Upon normal expiration without a renewal, Attorney will be entitled only to
payment for salary through the effective date of resignation, plus the full amount attributable to
accrued annual leave and one-half the amount attributable to accrued sick leave, as is provided to all
County employees of the length of service Attorney has with the County.
4. By Board Without Cause. Board may terminate this Agreement without cause, effective
thirty (30) days after giving written notice to Attorney by hand delivery or US mail, sent certified,
return receipt requested, deemed effective notice upon receipt or attempted delivery. Such
termination will be by majority vote of the Board at a duly noticed public meeting. Upon the vote of
termination, Board and Attorney may agree that Attorney remain within the Office of the County
Attorney, accepting an Assistant County Attorney position, retaining Senior Management status,
and to be paid at an annual salary which shall be computed by adjusting the Attorney's annual
salary as of March 15, 2006, for all merit and cost-of-living raises which Attorney would have
received during the time of this contract had Attorney remained in her position as an Assistant
County Attorney, and to transfer all accrued sick and annual leave to said position. In the event that
the parties do not agree to Attorney remaining in the Office of the County Attorney, within thirty
(30) days after the effective date of termination, County shall pay to Attorney a sum equal to one-
half of the per annum salary which Attorney is receiving as of the date of the vote of termination
plus payment for all unused annual leave and all unused sick leave. Upon payment in full or
reappointment to an Assistant County Attorney position, Attorney shall execute a general release in
favor of all officers, members, and employees of Board relating to any cause or causes of action
Attorney has, had, or may have related to the Agreement and the termination thereof. The general
release shall encompass all applicable federal, state, and local laws and ordinances relating to
claims of illegal discrimination, intentional and unintentional torts, whistle blower rights, and all
other types of claims whether known or unknown through the date of cancellation. To the extent
that it is prohibited by applicable federal, state or local law , this provision shall be deemed void and
of no effect.
Hutton/Co.Atty.
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D. Resignation. In the event that Attorney resigns from the position of County Attorney prior to the
normal expiration date of this Agreement, she shall be entitled only to payment for salary through
the effective date of resignation, plus the full amount attributable to accrued annual leave and one-
half the amount attributable to accrued sick leave, as provided to all County employees of the length
of service Attorney has with the County. At least thirty days prior to the effective date of
resignation, written notice of resignation shall be delivered to the Mayor by hand delivery or US
mail, sent certified, return receipt requested, deemed effective notice upon receipt or attempted
delivery.
6. Compensation.
A. Amount. The Board will pay to Attorney, as and for a base salary, the sum of ONE
HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) per annum for the first year of
employment. The base salary shall be increased thereafter according to the County policy of cost-
of-living and merit increases provided to other County employees.
B. Payment. Base salary payments will be paid in equal biweekly installments (26 pay
periods per annum), or as otherwise may be mutually agreed to in writing.
C. Professional Certification. Attorney is certified by the Florida Bar as a specialist in City,
County, and Local Government Law. Pursuant to Sec. 2-360(c), Monroe County Code, Attorney
shall be paid $250.00 monthly in addition to the base salary.
D. Attorney shall be entitled to health, accidental death & dismemberment and life insurance
coverage under County group policies, and shall retain the right to the health insurance coverage
available to retirees who were hired prior to October 1, 2001, pursuant to Resolution No. 119-2001,
as modified by Resolutions No. 154-2003 and 354-2003. Nothing in this agreement shall set aside
Attorney's rights under the "Rule of 70."
7. Transportation Allowance. Attorney agrees that she will be responsible for providing her own
motor vehicle for transportation within the limits of Monroe County that may be necessary,
required, or appropriate in fulfilling her responsibilities and duties under this Agreement. In lieu of
the preparation, maintenance, submission, review, approval, and auditing of detail travel expense
reimbursements, and as partial consideration for Attorney's entering into this Agreement, Board
agrees to pay to Attorney the sum of FIVE HUNDRED FIFTY DOLLARS ($550.00) per month as
and for a transportation allowance. For travel out of Monroe County by motor vehicle, Attorney will
be reimbursed by Board on a per trip basis at the rate allowed for under Chapter 112, Florida
Statutes, with mileage calculated as if departure commenced at the Monroe County-Dade County
line and return ended at the Monroe County-Dade County line. At its sole discretion, and upon
request by Attorney, Board may authorize the reimbursement of Attorney's actual expenditures
where documented evidence is provided detailing the actual expenses incurred.
8. Travel Reimbursement. Board agrees to pay to or reimburse Attorney for the costs of meals, other
expenses and lodging incurred by Attorney that may be necessary, required, or appropriate in
fulfilling Attorneys duties and responsibilities under this Agreement. Meals, other expenses and
lodging will be paid for or reimbursed at the rates specified in Section 112.061, Florida Statutes. At
its sole discretion, and upon request by Attorney, Board may authorize the reimbursement of
Attorney's actual expenditures where documented evidence is provided detailing the actual expenses
incurred.
Hutton/Co.Atty.
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9. Florida Retirement System. Board agrees that the position of County Attorney will be a position
classified as, and eligible for the benefits provided under, the Senior Management Service Class, in
accordance with Section 112.055, Florida Statutes. Board will contribute such amounts at such
times as is required by Section 112.055, Florida Statutes, and any other applicable law or statute.
10. Duties and Responsibilities.
A. General. Attorney will have those responsibilities and perform those duties which are listed in
the attached Position Description (Attachment A), incorporated herein by reference. If a duty or
responsibility contained in the Position Description is in conflict with a duty or responsibility
contained in this Agreement, the duty or responsibility specified in this Agreement will prevail.
B. Exemptions. Nothing in this Agreement or in the Board's policies, rules, and procedures will
limit Attorney's right to make passive [mancial investments; to participate in charitable service or
work with charitable organizations and other community activities, including trade and professional
organizations; or to undertake other activities which do not interfere with the performance of
Attorney's duties under this Agreement, it being mutually agreed that Attorney's participation in
such activities is of benefit to the Board.
C. Availability. Attorney will be reasonably available to Board members and key Board staff
twenty-four (24) hours per day. Such availability will be by telephone or electronic messaging, or in
person. Board shall maintain for Attorney cellular telephone service.
D. Ethical Considerations. Board and Attorney agree that, in general, it is the Board as a whole that
is the client entity of the Attorney. However, as recognized by the Rules of Professional Conduct of
The Florida Bar, the attorney-client relationship for organizational and governmental agencies is not
the same as the attorney-client relationship for private individuals, and Attorney's professional
relationship with the Board will be consistent with the requirements of Rule 4-1.13 of the Rules of
Professional Conduct.
E. Legal Opinions. Board and Attorney agree that from time to time Attorney will be requested to
render a legal opinion on matters of significance to the Board, the County Administrator, or the
County Clerk. Board and Attorney agree that, consistent with the ethical obligations of the Attorney
to the Board, (1) all requests for an opinion will be in writing; (2) all requests will be communicated
to Attorney directly by or through a County Commissioner, the County Administrator, or the
County Clerk; and (3) all opinions rendered will be in writing, addressed to the Board of County
Commissioners, and will be over the signature of the Attorney. It is expressly agreed the Attorney
will not entertain requests for, nor will render a written opinion to, individuals or entities who are
members of the general public or special interest groups, or who are representatives of
governmental agencies unless specifically directed to do so by a majority vote of the Board in a
duly noticed public meeting.
11. Professional Memberships. Attorney will maintain her membership in good standing with The
Florida Bar and the City, County & Government Law Section of The Florida Bar; and may become
a member of, and maintain membership status in divisions or sections of The Florida Bar which are
pertinent to the issues addressed by the County Attorney's office. Additionally, Attorney may
become a member of the American Bar Association and a member of the pertinent sections or
divisions. All dues and costs for obtaining and maintaining the memberships delineated above will
be paid for by Board.
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12. Local Liaisons. Attorney will maintain liaisons with the legal representatives of local
governmental and public agencies located within the geographical limits of Monroe County, to
include but not be limited to Islamorada, Village of Islands; City of Layton; City of Key Colony
Beach; City of Marathon; City of Key West; Florida Keys Mosquito Control District; Florida Keys
Aqueduct Authority; Monroe County Housing Authority; and the School Board of Monroe County.
13. Office Space, Staff and Supporting Services.
A. Office Space. Board will provide office space for Attorney.
B. Staff. Board will provide sufficient qualified staff to the office of County Attorney to assist
Attorney in efficiently, productively, and professionally meeting the mission, goals, and objectives
of the County Attorney's office and the duties of the Attorney. Staff will include, but not be limited
to, attorneys licensed to practice law in the State of Florida, paralegals and/or legal assistants, and
administrative support.
C. Supporting Services. Board will provide suitable utilities, telephone service, computer hardware
and software, electronic research and e-mail services, world wide web and internet access, books
and subscriptions, periodicals, office supplies, photocopy equipment, county web-page presence
and server access and storage space, postage, office equipment and furniture, and other similar
materials, equipment and services as may be necessary for the proper, productive, and efficient
operation of the office of County Attorney.
14. Annual Leave and Sick Leave; Transfer. Beginning with the first month of employment under
this Agreement, Attorney will earn and be credited with sick leave hours and annual leave hours at a
rate per month equal to the highest rate earned by any other employee or officer of Board. Attorney
shall retain all annual and sick leave accumulated as an assistant county attorney and as interim
county attorney. Attorney may accumulate unused annual leave without limit and no unused annual
leave shall be forfeited due to nonuse, any provisions of the Monroe County Personnel Policies and
Procedures Manual to the contrary notwithstanding.
15. On Call. Due to the nature of Attorney's duties and the requirements of the position of County
Attorney, interference with Attorney's private life is to be expected and it is recognized that
Attorney may from to time absent herself during normal business hours for personal reasons;
however, Attorney shall remain reasonably available to Board members and key Board staff by
telephone or other electronic means.
16. Participation in Educational and Board-Related Events. Board agrees to budget for and to pay
the costs incurred by Attorney in attending seminars, continuing legal education courses, Board-
related events and out-of-county meetings as may be necessary or appropriate to Attorney's duties
and responsibilities under this Agreement.
17. Indemnification and Cooperation.
A. Indemnification. The Board will defend, hold harmless, and indemnify Attorney against any tort,
professional liability, or other legal demand, claim, or action which is related directly or indirectly
to Attorney's actions in her capacity as County Attorney.
Hutton/Co.Atty. 5
B. Cooperation. In the event of actual or threatened litigation and/or administrative proceedings
involving the Board which arise out of an action or actions which occurred or are alleged to have
occurred while Attorney was acting in her capacity as County Attorney, Attorney will cooperate
with the Board and its counsel in defending and resolving the litigation or proceeding. In such
regard, Board agrees to pay Attorney's reasonable travel and subsistence expenses incurred in
cooperating with the Board and its counsel, including preparation for and actual discovery,
settlement, and trial and hearing or other resolution of such matters.
1. Attorney agrees that, unless required by law, she will not cooperate with or assist any
party, person, or entity who has, had, or may have, or asserts that he, she, or it has or may have any
claim of any nature against the Board, its agents, officers, or employees, unless the Board or its
authorized agent expressly consents in writing to waive this provision of this Agreement.
2. Attorney shall not disclose to any person, party, or entity any confidential, proprietary,
time-sensitive, or non-public information relating to the Board or its operations unless required by
law to do so.
18. Governing Law; Attorney's Fees and Costs; Venue. This agreement is made in the State of
Florida and shall be governed by Florida law. Venue for any action arising out of this agreement
shall be in Monroe County.
19. Form and Amendment of Agreement. This is the entire agreement between the parties and may
not be modified or amended except by a written document signed by the party against whom
enforcement is sought. This agreement may be signed in more than one counterpart, in which case
each counterpart will constitute an original of this agreement. Paragraph headings are for
convenience only and are not intended to expand or restrict the scope or substance of the provisions
of this agreement. Wherever used herein, the singular will include the plural, the plural will include
the singular, and pronouns will be read as masculine, feminine or neuter as the context requires. The
prevailing party in any litigation, arbitration or mediation relating to this agreement shall be entitled
to recover its reasonable attorneys' fees from the other party for all matters, including, but not
limited to, appeals.
.WHEREFORE, the parties hereto have signed and sealed this agreement on the date first
above written.
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(SEAL)
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MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
HuttonlCo.Atty.
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