Agenda 01/22/2013 Item #16K3 1/22/2013 Item 16.K.3.
10/23/2012 Item 16.K.6.
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution terminating the Employment Agreement with the
Executive Manager to the Board of County Commissioners.
OBJECTIVE: To terminate the Employment Agreement with the Executive Manager to the
Board of County Commissioners pursuant to Section 6 of the Employment Agreement.
CONSIDERATIONS: On May 25, 2010,the Board of County Commissioners(Board) entered
into an Executive Manager to the Board of County Commissioners Employment Agreement with
Ian Mitchell (copy attached). Section 6 of the Employment Agreement entitled "Termination
and Severance Pay" requires the following two-part process in order for the Board to terminate
the Employment Agreement.
". • • in the event the COUNTY desires to terminate EMPLOYEE during such time that
EMPLOYEE is willing and able to perform the duties of Executive Manager to the Board of
County Commissioner, COUNTY may do so only in the following manner:
1) A resolution in intent to terminate EMPLOYEE shall be adopted by an
affirmative vote of a three fifths majority of the entire membership of the Board
only after said resolution has been placed on the agenda of a regularly scheduled
Board meeting and where said agenda item has been included as a part of the
published agenda of the Board meeting.
2. Upon adoption of a resolution of intent to terminate EMPLOYEE, the
Board may consider the adoption of a resolution terminating EMPLOYEE at a
regularly scheduled meeting of the Board not less than fourteen (l4) days
thereafter. The resolution terminating EMPLOYEE shall require an affirmative
vote of a three fifths majority of the entire membership of the Board for adoption.
In the event of termination, such termination shall be effective at such time and
upon such conditions as may be set by the Board in the resolution terminating
EMPLOYEE."
On September 26, 2012, the Board directed the County Attorney to review the Employment
Agreement for the purpose of initiating the termination process. On October 9, 2012, the Board
completed the first step in this process by adopting a Resolution confirming its intent to
terminate the Employment Agreement. The proposed Resolution is the second step in this
process.
Section 6. C. of the Employment Agreement sets forth the compensation due to the
employee as follows:
"C. In the event of termination in accordance with the procedures set forth in
Subsection 6.B, COUNTY agrees to pay EMPLOYEE,in addition to any amounts
then due EMPLOYEE, a lump sum cash payment equal to six (6) months
aggregate salary within ten (10) working days after the effective date of
termination.
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10/23/2012 Item 16.1.6.
EMPLOYEE shall also be compensated in accordance with CMA#5360—
Leaves of Absence for all vacation, holidays, and other accrued benefits to date.
EMPLOYEE's individual health, dental and term life insurance and dependent
health insurance benefits shall be provided for a period of twelve (12) months
after termination."
If approved by the Board,the Termination would be effective immediately.
FISCAL IMPACT: Total fiscal impact is approximately$64,662.05,calculated as follows:
32,866.44 6-month severance
2,500.00 Vacation Payout(this is an estimated amount,based on current balances)
23,790.90 Medical Insurance(family coverage)-$991.29 x 24 pay periods
429.12 Dental Insurance(single coverage)-$17.88 x 24 pay periods
538.08 Life Insurance=($22.42 x 24 pay periods)
1,831.98 ER FRS(payable on 6 month's severance+vacation term pay @ 5.18%)
2,705.53 ER SS&Medicare(@ 7.65%on severance and vacation term pay)
GROWTH MANAGEMENT PLAN IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Resolution was drafted by the County Attorney,
is legally sufficient,and requires majority support for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners adopts the attached
Resolution terminating the Employment Agreement with the Executive Manager to the Board of
County Commissioners.
PREPARED BY: Jeffrey A. Klatzkow,County Attorney
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1/22/2013 Item 16.K.3.
EXECUTIVE SUMMARY
Recommendation that the Board approve, and authorize the Chairman to sign, a
Settlement Agreement and a Confidentiality Agreement with Ian Mitchell.
OBJECTIVE: To resolve any and all disputes resulting from the termination of the
Employment Agreement with Ian Mitchell, the former Executive Manager to the Board of
County Commissioners.
CONSIDERATIONS: On May 25, 2010,the Board of County Commissioners (Board) entered
into an Executive Manager to the Board of County Commissioners Employment Agreement with
Ian Mitchell. Section 6 of the Employment Agreement entitled"Termination and Severance Pay"
requires the following two-part process in order for the Board to terminate the Employment
Agreement.
. in the event the COUNTY desires to terminate EMPLOYEE during such time that
EMPLOYEE is willing and able to perform the duties of Executive Manager to the Board of
County Commissioner, COUNTY may do so only in the following manner:
1) A resolution in intent to terminate EMPLOYEE shall be adopted by an
affirmative vote of a three fifths majority of the entire membership of the Board
only after said resolution has been placed on the agenda of a regularly scheduled
Board meeting and where said agenda item has been included as a part of the
published agenda of the Board meeting.
2. Upon adoption of a resolution of intent to terminate EMPLOYEE, the
Board may consider the adoption of a resolution terminating EMPLOYEE at a
regularly scheduled meeting of the Board not less than fourteen (14) days
thereafter. The resolution terminating EMPLOYEE shall require an affirmative
vote of a three fifths majority of the entire membership of the Board for adoption.
In the event of termination, such termination shall be effective at such time and
upon such conditions as may be set by the Board in the resolution terminating
EMPLOYEE."
On September 26, 2012, the Board directed the County Attorney to review the Employment
Agreement for the purpose of initiating the termination process and on October 9, 2012, the
Board completed the first step in this process by adopting a Resolution confirming its intent to
terminate the Employment Agreement. The Board then adopted Resolution No. 2012-202 on
October 23, 2012,terminating the Employment Agreement with its Executive Manager.
Section 6. C. of the Employment Agreement sets forth the compensation due to the employee as
follows:
"C. In the event of termination in accordance with the procedures set forth in
Subsection 6.B, COUNTY agrees to pay EMPLOYEE, in addition to any amounts
then due EMPLOYEE, a lump sum cash payment equal to six (6) months
aggregate salary within ten (10) working days after the effective date of
termination.
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1/22/2013 Item 16.K.3.
EMPLOYEE shall also be compensated in accordance with CMA#5360—
Leaves of Absence for all vacation, holidays, and other accrued benefits to date.
EMPLOYEE's individual health, dental and term life insurance and dependent
health insurance benefits shall be provided for a period of twelve (12) months
after termination."
Section 2 of the Employment Agreement provides in part:
"The EMPLOYEE shall work with the Office of the County Attorney to develop
a Confidentiality Agreement, subject to Board approval, that prevents the
divulgence, disclosure and release of confidential and/or sensitive information
acquired during the course of the EMPLOYEE's and the Executive Aide's
employment with the Board not otherwise authorized or compelled by law."
This requirement was never fulfilled.
At its December 11, 2012, the Board approved Commissioner Henning's motion to reconsider
the Termination Resolution, and the issue was placed on the January 8, 2013 meeting agenda.
During discussion of this item, several issues were raised, including whether the termination was
appropriate and no further action need be taken by the Board; whether Mr. Mitchell had
effectively resigned from the position, in which event severance would not be warranted;
whether the Resolution should be rescinded, thereby allowing Mr. Mitchell to return to his
position; and whether Mr. Mitchell was in breach of his Employment Agreement for failure to
have entered into a Confidentiality Agreement.
The Board then tabled further discussion and directed the County Attorney to initiate settlement
discussions with Mr. Mitchell. The Board's offer was to settle for back pay from the date of
termination (October 9, 2012) to January 9, 2013 plus 6 weeks of severance (similar to the
settlement with David Jackson) for a total of 17 weeks, plus signing the required Confidentiality
Agreement. Mr. Mitchell's counsel has advised the County Attorney that Mr. Mitchell does not
desire to return to his position as Executive Manager to the Board of County Commissioners,
believes he is entitled to his full 6 month severance package, but is willing to accept back pay
from the date of termination (October 9, 2012)to January 23, 2013 plus 6 weeks of severance for
a total of 19 weeks.
The proposed Settlement Agreement reflects the counteroffer of 19 weeks of severance, is
intended to resolve any and all disputes resulting from the termination of the Employment
Agreement and is contingent on both parties executing the required Confidentiality Agreement.
FISCAL IMPACT: Pursuant to Board direction, the total fiscal impact would be 19 weeks'
severance pay with associated employer-paid contributions to FRS, Social Security and Medicare
of approximately $27,099.30. Any and all earned and accrued leave and reimbursements for
expenses that Mr. Mitchell was entitled to has already been paid. In keeping with Section 6.C. of
his Employment Agreement, Mr. Mitchell's individual health, dental and term life insurance and
dependent health insurance benefits shall be provided through October 31, 2013 as previously
approved. No further compensation of any kind shall be due.
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1/22/2013 Item 16.K.3.
24,017.82 (This is a reduction from the 6-month severance of$32,866.44)
1,244.12 ER FRS (payable on 19 weeks severance @ 5.18%)
1,837.36 ER SS &Medicare (@ 7.65% on severance)
GROWTH MANAGEMENT PLAN IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Settlement Agreement was drafted by the
County Attorney, is legally sufficient, and requires majority support for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners approves, and authorizes
the Chairman to sign, a Settlement Agreement and Confidentiality Agreement with Ian Mitchell.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
•
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1/22/2013 Item 16.K.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3.
Item Summary: Recommendation that the Board approve, and authorize the Chairman to
sign, a Settlement Agreement and a Confidentiality Agreement with Ian Mitchell.
Meeting Date: 1/22/2013
Prepared By
Name:NeetVirginia
Title: Legal Assistant/Paralegal,County Attorney
1/15/2013 1:27:56 PM
Approved By
Name:KlatzkowJeff
Title: County Attorney
ate ,
Date: 1/15/2013 4:45:24 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 1/15/2013 5:12:25 PM
Name:KlatzkowJeff
Title: County Attorney
Date: 1/15/2013 5:29:45 PM
Name: OchsLeo
Title: County Manager
Date: 1/15/2013 5:43:34 PM
Aekk
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1/22/2013 Item 16.K.3.
SETTLEMENT OF EMPLOYMENT AGREEMENT DISPUTE
BETWEEN IAN MITCHELL AND COLLIER COUNTY
THIS SETTLEMENT AGREEMENT is made and entered into this 22nd day of
January, 2013, by and between the Collier County, a political subdivision of the State of Florida,
by and through its Board of County Commissioners (hereinafter referred to as the"County"), and
Ian Mitchell.
RECITALS:
WHEREAS, on May 25, 2010, the Board of County Commissioners entered into an
Executive Manager to the Board of County Commissioners Employment Agreement with Ian
Mitchell (copy attached). Section 6 of the Employment Agreement entitled "Termination and
Severance Pay" required the following two-part process in order for the Board to terminate the
Employment Agreement.
". . . in the event the COUNTY desires to terminate EMPLOYEE during such time that
EMPLOYEE is willing and able to perform the duties of Executive Manager to the Board of
County Commissioners, COUNTY may do so only in the following manner:
1. A resolution of intent to terminate EMPLOYEE shall be adopted by an
affirmative vote of a three fifths majority of the entire membership of the Board
only after said resolution has been placed on the agenda of a regularly scheduled
Board meeting and where said agenda item has been included as a part of the
published agenda of the Board meeting.
2. Upon adoption of a resolution of intent to terminate EMPLOYEE, the
Board may consider the adoption of a resolution terminating EMPLOYEE at a
regularly scheduled meeting of the Board not less than fourteen (14) days
thereafter. The resolution terminating EMPLOYEE shall require an affirmative
vote of a three fifths majority of the entire membership of the Board for adoption.
In the event of termination, such termination shall be effective at such time and
upon such conditions as may be set by the Board in the resolution terminating
EMPLOYEE;"and
WHEREAS, on September 26, 2012, the Board directed the County Attorney to
review the Employment Agreement for the purpose of initiating the termination process;
and
WHEREAS, on October 9, 2012, the Board completed the first step in this
process by adopting a Resolution confirming its intent to terminate the Employment
Agreement; and
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1/22/2013 Item 16.K.3.
WHEREAS, on October 23, 2012, the Board of County Commissioners adopted
Resolution No. 2012-202 terminating the Employment Agreement with the Executive Manager
to the Board of County Commissioner(hereinafter referred to as the "Termination Resolution");
and
WHEREAS, Section 6. C. of the Employment Agreement sets forth the compensation
due to the employee as follows:
"C. In the event of termination in accordance with the procedures set forth in
Subsection 6.B, COUNTY agrees to pay EMPLOYEE, in addition to any amounts
then due EMPLOYEE, a lump sum cash payment equal to six (6) months
aggregate salary within ten (10) working days after the effective date of
termination.
EMPLOYEE shall also be compensated in accordance with CMA#5360—Leaves
of Absence for all vacation, holidays, and other accrued benefits to date.
EMPLOYEE's individual health, dental and term life insurance and dependent
health insurance benefits shall be provided for a period of twelve (12) months
after termination;"and
WHEREAS, Section 2 of the Employment Agreement required Mr. Mitchell "work with
the Office of the County Attorney to develop a Confidentiality Agreement, subject to Board
approval, that prevents the divulgence, disclosure and release of confidential and/or sensitive
information acquired during the course of the EMPLOYEE's and the Executive Aide's
employment with the Board not otherwise authorized or compelled by law," which requirement
was never fulfilled; and
WHEREAS, on December 11, 2012, Commissioner Henning brought forward a request
that the Termination Resolution be reconsidered, which motion was approved by a majority of
the Board; and
WHEREAS, during its January 8, 2013 meeting, the Board reconsidered the Termination
Resolution. During discussion of this item, several issues were raised, including whether the
termination was appropriate and no further action need be taken by the Board; whether Mr.
Mitchell had effectively resigned from the position, in which event severance would not be
warranted; whether the Resolution should be rescinded, thereby allowing Mr. Mitchell to return
to his position; and whether Mr. Mitchell was in breach of his Employment Agreement for
failure to have entered into a Confidentiality Agreement; and
WHEREAS, the Board tabled further discussion of this item, and directed the County
Attorney to initiate settlement discussions with Mr. Mitchell; and
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WHEREAS, Mr. Mitchell does not desire to return to his position as Executive Manager
to the Board of County Commissioners, and believes he is entitled to his full severance package;
and
WHEREAS,the parties wish to end this issue and to settle their respective differences.
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
1. TERMINATION OF EMPLOYMENT AGREEMENT. The Employment
Agreement is hereby deemed to have been terminated effective October 23,2012.
2. SEVERANCE PAY. Within 10 business days from the date of this Settlement
Agreement, Mr. Mitchell shall receive the sum of$24,017.82,representing a total of 19 weeks of
compensation. The parties agree that any and all earned and accrued leave and reimbursements
for expenses that Mr. Mitchell was entitled to has already been paid. In keeping with Section
6.C. of his Employment Agreement, Mr. Mitchell's individual health, dental and term life
insurance and dependent health insurance benefits shall be provided through October 31, 2013.
No further compensation of any kind shall be due.
3. CONFIDENTIALITY AGREEMENT. This Agreement is contingent on both
parties execution of the Confidentiality Agreement attached hereto. The Confidentiality
Agreement shall be revocable on written notice to the County by Mr. Mitchell if and only if Mr.
Mitchell is not paid in accordance with the terms of this Agreement.
4. MUTUAL GENERAL RELEASE. To the extent authorized by Florida Law,
including Florida Statutes Sec. 215.425, in consideration of the mutual relinquishment of their
respective legal rights with reference to disputes and differences each party expressly releases
the other, and their heirs and legal representatives, from all liability for all known and unknown
claims and demands arising out of the Employment Agreement and Mr. Mitchell's role as the
Executive Manager to the Board of County Commissioners. In further consideration of the
foregoing, the parties also hereby release, acquit, satisfy, and forever discharge each other, of
and from all, and all manner of action and actions, suits, debts, dues, sums of money, covenants,
contracts, controversies, agreements, promises, damages, judgments, executions, claims and
demands whatsoever, in law or in equity, which they ever had, now have, or which any personal
representative, successor, heir or assign of them,hereafter can, shall or may have, against each of
them, for, upon or by reason of any matter, cause or thing whatsoever, from the beginning of the
world to the day of these presents. The Confidentiality Agreement shall survive this General
Release.
5. GENERAL PROVISIONS:
a. The provisions of this Settlement Agreement constitute the entire understanding
between the parties with respect to the subject matter set forth herein. This Agreement may not
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be amended or modified except in a written document signed by the parties, and no other Ask
representations or understandings are binding on the Board of County Commissioners and Mr.
Mitchell unless contained in a subsequent, duly adopted and executed written amendment to this
Settlement Agreement.
b. This Settlement Agreement shall be construed and administered in accordance
with Florida and any other applicable law. The sole and exclusive venue for any litigation
between the parties arising out of or related to this Agreement or any documents executed in
connection with this Agreement shall be in the Circuit Court in and for Collier County, Florida.
c. Should any provision of this Agreement be declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole, or
any part thereof, other than the part declared to be valid.
d. This Settlement Agreement shall become effective as of January 22, 2013.
e. The parties agree that they will execute any other documents as are necessary to
effectuate or carry out the intent of this Settlement Agreement.
IN WITNESS WHEREOF, the parties have caused this Settlement Agreement to be
executed by their appropriate representatives, as of the date first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY,FLORIDA
By: By:
,Deputy Clerk GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
WITNESSES: Ian Mitchell
By:
Print Name:
Print Name:
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
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16H3
EXECUTIVE MANAGER TO THE BOARD OF COUNTY COMMISSIONERS
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (hereinafter referred to as "Agreement") is made
and entered into this 25th day of May by and between COLLIER COUNTY, a political
subdivision of the State of Florida,by and through its Board of County Commissioners(hereinafter
referred to as "COUNTY") and IAN MITCHELL (hereinafter referred to as "EMPLOYEE"), both
of whom understand as follows:
WITNESSETH:
WHEREAS, from 2009 to 2010 EMPLOYEE has served Collier County in his capacity as
office supervisor for the Board of County Commissioners (sometimes referred to herein as the
"Board" or the `BCC") and has demonstrated the professional and administrative competence
desired by the COUNTY;and
WHEREAS,the COUNTY desires to employ the services of EMPLOYEE as the Executive
Manager to the Board of County Commissioners;and
WHEREAS,EMPLOYEE desires to be employed as the Executive Manager to the Board of
County Commissioners;and
WHEREAS, it is the desire of the COUNTY (1) to 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
employment security; and (3) to provide a specific term for the employment with a just means for
terminating EMPLOYEE's services.
NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth and for
other such good and valuable consideration, the receipt of which the parties hereto expressly •
acknowledge,the parties covenant and agree to the following terms and conditions:
Section 1. Duties:
EMPLOYEE is hereby employed as,and shall have the authority,duties and responsibilities
of, Executive Manager to the Board of County Commissioners' office. EMPLOYEE shall act as
office manager to the Board of County Commissioners (Board). EMPLOYEE shall report directly
to the Board and shall have sole responsibility for the employment and management of the
administrative staff and operation of the Board of County Commissioners' Office. EMPLOYEE's
general job description is attached as Exhibit 1.
In addition, EMPLOYEE is considered essential personnel and is required to be on site and
participatory during an emergency event or meeting. EMPLOYEE shall also develop written
policies for the day to day business of the office and such policies shall be approved by the Board.
EMPLOYEE is responsible for training new administrative staff and ensuring that duties are equally
distributed. EMPLOYEE shall either redistribute the responsibilities and workload of a
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Commissioner's Aide if the Aide is ill or on an excused absence and no temporary replacement is
available or EMPLOYEE shall assume the absent Aide's responsibilities.
Section 2. Administrative Staff:
As stated in Section 1 above, EMPLOYEE shall have direct responsibility for the
employment and management of the administrative staff, i.e., Commissioner Aides and
Receptionist,in consultation with the Board of County Commissioners,as follows:
A. The recruitment of an aide for each Commissioner will be achieved with full
consultation of the specific Commissioner for whom the aide is to work. The
recruitment procedure will follow the established policies of the County's
Human Resources Department and the assigned Human Resources Generalist
will assist with the recruitment. Upon achieving a short list of candidates, the
specific Commissioner will meet with each of the candidates and then
communicate his or her observations and hiring recommendation to the
Employee so that an offer of employment can be made. The recruitment of a
general office position (e.g., a Receptionist) will follow the same procedure
except that the participation and communication of each Commissioner will be
had prior the Employee extending an offer of employment.
B. The Employee will implement discipline within the office in accordance with
CMA#5351. When appropriate, after full communication and concurrence with
the specific Commissioner for an individual Aide, the standard disciplinary
procedures involving memorandums of concern, supervisory logs, written
counseling and behavior action plans for suspension, demotion, and termination
will be implemented. The Employee will confer with all the Commissioners, if
any disciplinary action will impact another Commissioner's ability to perform his
or her duties. Should there be any disagreement on a particular course of
disciplinary action that cannot be resolved, the matter will be brought before the
Board of County Commissioners for a recommended course of action. Verbal
counseling by the Employee will not require prior discussion with a specific
Commissioner but that Commissioner will be apprised of any such action taken.
The job descriptions of the Administrative staff are attached as Exhibit 2. Administrative
staff shall have the same benefits including without l imitation,all salary adjustments,cost of living
increases and merit pay consideration as employees under the County Manager agency and shall
follow the same personnel rules and procedures as adopted by the County Manager as they currently
exist or may be revised from time to time (the words "Executive Manager to the Board of County
Commissioners"shall replace"County Manager"or"County Administrator"where applicable).
With Board approval, EMPLOYEE may also elect from time to time to opt out of County
Manager rules and procedures or change those rules and procedures that would otherwise apply to
administrative staff. The EMPLOYEE shall work with the Office of the County Attorney to
develop a Confidentiality Agreement, subject to Board approval, that prevents the divulgence,
disclosure and release of confidential and/or sensitive information acquired during the course of the
EMPLOYEE's and the Executive Aides' employment with the Board not otherwise authorized or
compelled by law. AlsooN
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EMPLOYEE acknowledges and agrees that Commissioner Aides may freely meet with the
Commissioners to whom they are assigned to discuss issues or carry out assignments without the
permission but with the knowledge of EMPLOYEE unless designated confidential by the
Commissioner. Administrative staff shall be evaluated for purposes of performance appraisals and
merit pay consideration by the EMPLOYEE in conformity with criteria and procedures as set forth
in the Policies and Procedures of the County Manager agency after consultation with any
Commissioner(s) to whom any particular staff member may be assigned. Any conflict between a
Commissioner and EMPLOYEE regarding the evaluation of an administrative staff member shall
be resolved by the full Board of County Commissioners.
Section 3. Term of Employment:
A. EMPLOYEE agrees to remain in the exclusive employ of COUNTY for a period of
four (4) years and to neither accept other employment nor to become employed by any other
employer until termination of employment pursuant to this Agreement. The term of this Agreement
runs from May 27,2010 through May 26,2014.
B. Nearing the conclusion of the employment period stated herein and any applicable
extensions,this Employment Agreement may be re-negotiated by the COUNTY. The EMPLOYEE
shall be given one hundred eighty(180) days notice of Board's intent to re-negotiate the Agreement
or to allow the Agreement to expire without re-negotiation. In the event the Board does not give
notice to re-negotiate the Agreement shall expire and no salary, deferred compensation severance
payment or insurance benefits shall be provided EMPLOYEE or his dependents upon the expiration
of the Agreement. Elements of this Agreement may be changed at any time when mutually agreed
upon by the COUNTY and the EMPLOYEE.
C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
the COUNTY to terminate the services of EMPLOYEE at any time, subject only to the provisions
set forth in Section 6 of this Agreement.
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 COUNTY, subject only to the
provisions set forth in Section 7 of this Agreement.
Section 4. Suspension:
COUNTY may suspend the EMPLOYEE with full pay and benefits at any time during the
term of this Agreement,but only if:
A. A three fifths majority of the Board and EMPLOYEE agree,or;
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B. After a public hearing, a three fifths majority of the Board votes to suspend
EMPLOYEE for just cause, provided, however, that EMPLOYEE shall have been
given written notice setting forth any charges at least ten (10) days prior to such
hearing by the Board of County Commissioners' member(s) bringing such charges.
Just cause shall include only willful misconduct or willful failure or disregard of
EMPLOYEE's duties under this Employment Agreement.
Section 5. Salary:
A. COUNTY agrees to pay EMPLOYEE for his services rendered pursuant hereto an
annual base salary of$64,444.00 payable in biweekly installments.
B. COUNTY and EMPLOYEE agree that the Action Plan criteria in Section 9 and the
attached Job Description shall be used to evaluate the EMPLOYEE's performance. Such annual
performance based merit adjustment shall not exceed a maximum of ten percent (10%) of the
EMPLOYEE's annual base salary. The minimum increase for satisfactory performance under such
performance based merit system will equal the average percentage salary adjustment provided to all
County employees for the given fiscal year or three percent (3%) whichever is greater. All such -
merit adjustments shall be included in the EMPLOYEE's base salary or provided as a one-time
lump sum bonus,as determined by the COUNTY.
C. On the date that general wage adjustments (i.e., cost of living adjustments, special
study pay adjustments,etc.)are granted generally to Collier County employees,EMPLOYEE's base
salary shall be modified to reflect the general wage adjustment granted to other County employees.
Section 6. Termination and Severance Pav:
A. COUNTY may terminate the employment of EMPLOYEE during the pendency of this
Agreement, without notice and without any obligation to pay the severance pay designated in this
Section, as follows:
1) EMPLOYEE is convicted of any felony or any crime involving moral turpitude
or dishonesty.
2) EMPLOYEE uses illegal drugs;
3) EMPLOYEE commits any act or acts that harm the COUNTY's reputation,
standing,or credibility within the community.
B. Except as set forth in Subsection 6.A above, in the event the COUNTY desires to
terminate EMPLOYEE during such time that EMPLOYEE is willing and able to perform the duties
of Executive Manager to the Board of County Commissioners, COUNTY may do so only in the
following manner:
1) A resolution of intent to terminate EMPLOYEE shall be adopted by an
affirmative vote of a three fifths majority of the entire membership of the Board only
after said resolution has been placed on the agenda of a regularly scheduled Board
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meeting and where said agenda item has been included as a part of the published
agenda of the Board meeting.
2) Upon adoption of a resolution of intent to terminate EMPLOYEE, the
Board may consider the adoption of a resolution terminating EMPLOYEE at a
regularly scheduled meeting of the Board not less than fourteen (14) days thereafter.
The resolution terminating EMPLOYEE shall require an affirmative vote of a three
fifths majority of the entire membership of the Board for adoption. In the event of
termination, such termination shall be effective at such time and upon such conditions
as may be set by the Board in the resolution terminating EMPLOYEE.
C. In the event of termination in accordance with the procedures set forth in Subsection
6.B, COUNTY agrees to pay EMPLOYEE, in addition to any amounts then due EMPLOYEE, a
lump sum cash payment equal to six (6) months aggregate salary within ten(10)working days after
the effective date of termination.
EMPLOYEE shall also be compensated in accordance with CMA #5360 — Leaves of
Absence for all vacation, holidays, and other accrued benefits to date. EMPLOYEE's individual
health, dental and term life insurance and dependent health insurance benefits shall be provided for
a period of twelve(12)months after termination.
Section 7. Resignation:
In the event EMPLOYEE voluntarily resigns his position with COUNTY,before expiration
of the aforesaid term of his employment, the EMPLOYEE shall give COUNTY sixty (60) days
notice in advance. If EMPLOYEE voluntarily resigns, providing COUNTY with less than sixty
(60) days notice, EMPLOYEE shall forfeit any payment for accrued leave otherwise due and
owing.
Section S. Disability:
If EMPLOYEE is permanently disabled or is otherwise unable to perform his duties because
of sickness, accident, injury, mental incapacity or health for a period of four(4) successive weeks
beyond any accrued leave, COUNTY shall have the option consistent with applicable law to
terminate this Agreement,subject to the severance pay requirements of Section 6C.
Section 9. Performance Evaluation:
The COUNTY shall review and evaluate the performance of the EMPLOYEE in accordance
with the performance-based merit system as provided in Section 5. Written evaluations based on
said performance system will be provided by each County Commissioner to EMPLOYEE prior to
October 1, 2010, and prior to each October 1' thereafter for the term of this Agreement. A
summary of all evaluations will be prepared by the EMPLOYEE, distributed to the COUNTY, and
placed on the Board agenda for the last meeting in September for the term of this Agreement. A
merit system wage adjustment will take effect on October 1, 2010 and each October 1st thereafter
for the term of this Agreement. An updated Action Plan for EMPLOYEE will be developed in
good faith between the Board of County Commissioners and EMPLOYEE and adopted by the
Board prior to October 15t of each fiscal year for implementation in the next fiscal year.
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EMPLOYEE's performance evaluation shall be based upon, but not be limited, to the
following criteria:
(a) Whether EMPLOYEE fosters a "team environment" and regularly demonstrates the
ability to work in cooperation with co-workers and others on the job.
(b) Whether EMPLOYEE exhibits helpful, courteous and appropriate conduct towards
customers and others.
(c) Whether EMPLOYEE accepts advice and constructive feedback agreeably and
modifies behavior.
(d) Whether EMPLOYEE acts in a professional manner and promotes the concept of
professionalism with the public, BCC staff, constitutional officers and co-workers by
portraying a positive demeanor and engaging in activities that instill confidence and
respect for the BCC and BCC office.
(e) Whether EMPLOYEE's behavior towards co-workers demonstrates positive support
and respect.
(f) Whether EMPLOYEE provides encouragement, guidance and direction to
administrative staff with regard to development and improvement.
(g) Whether EMPLOYEE coaches, counsels and helps administrative staff to improve
office interaction,efficiency and to develop career plans.
(h) Whether EMPLOYEE maintains the confidence and trust of the Commission by not
divulging information or discussing information with inappropriate parties.
(i) Whether EMPLOYEE participates in emergency events and meetings, filling whatever
role deemed necessary in an emergency situation.
(j) Whether EMPLOYEE enables administrative staff to achieve potential career
progression by encouraging and allowing attendance at appropriate continuing
education and career-related classes.
Commissioners may solicit input from any source, internal or external,when conducting the
EMPLOYEE's performance evaluation.
Section 10. Hours of Work:
All duties required hereunder shall be performed by the EMPLOYEE personally,or through
the assistance of such Board of County Commissioners' office employees and EMPLOYEE shall
assume full responsibility for such performance. Nothing herein shall be deemed to absolve the
EMPLOYEE of personal responsibility for the duties set forth herein. The EMPLOYEE shall be
"on-call"twenty-four(24)hours a day, available to perform said duties and agrees to make himself
available as needed during said period. The manner and means of performance of the duties herein
shall be determined by the EMPLOYEE. All acts performed by the EMPLOYEE, explicitly or
implicitly, on behalf of the County,within the scope of his employment,shall be deemed authorized
by the County as its agent, except that any act which constitutes willful misconduct or which may
be unlawful shall be deemed to be an individual act of the EMPLOYEE without authority of the
County.
Section 11. Insurance.Vacation.and Sick Leave:
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A. COUNTY agrees to maintain in force for EMPLOYEE all health, life insurance or
other insurance policies provided by COUNTY to its other employees.
B. EMPLOYEE shall continue to accrue vacation, personal leave and sick days at the
same rate as other County employees. EMPLOYEE is highly encouraged to utilize his vacation
leave days not only for the EMPLOYEE's individual health and welfare, but also for the increased
effectiveness, and efficiency of the County as a whole. Unused vacation leave will be paid at
EMPLOYEE's current rate of salary upon termination, resignation or contract expiration.
C. COUNTY agrees to put into force and to make required premium payments for
EMPLOYEE for insurance policies for life,accident,disability income benefits,major medical,and
dental, and dependent's coverage group insurance covering EMPLOYEE and his dependents. Term
life insurance for EMPLOYEE shall be provided at a level of three times(3x)EMPLOYEE's annual
base salary. Disability insurance income benefits shall be at fifty percent (50%) of EMPLOYEE's
annual base salary. EMPLOYEE shall continue to have the option of participating in the County
Leave Bank.
D. All provisions of law and regulations and rules of the COUNTY relating to holidays
and other fringe benefits and working conditions as they now exist, or hereafter may be amended,
shall also apply to EMPLOYEE in the manner that they apply to other employees of the COUNTY,
in addition to benefits specifically enumerated in this Agreement.
E. COUNTY agrees that annually, on the EMPLOYEE's anniversary date of
employment with the County,the EMPLOYEE will be paid for all hours of accrued vacation leave
that exceeds three hundred-sixty(360)hours.
Section 12. Retirement:
EMPLOYEE shall continue to participate in the Florida Retirement System and receive the
same privileges and contributions as he received prior the execution of this Agreement. COUNTY
agrees to execute all necessary agreements provided by ICMA Retirement Corporation(ICMA-RC)
or NACO Public Employees Benefit Services Corporation(as determined by EMPLOYEE)and the
Florida Retirement System for EMPLOYEE's continued participation in said retirement plans.
Section 13. Dues and Subscriptions:
COUNTY agrees that the public is served by EMPLOYEE's participation in professional
organizations that enhance his professional development and in community organizations through
which EMPLOYEE can enhance the level of service provided to the COUNTY and its citizens.
COUNTY will budget for and pay for professional dues and subscriptions of EMPLOYEE
necessary for his continuation and full participation in national, regional, state, and local
associations and organizations necessary and desirable for his continued professional participation,
growth,and advancement,and for the good of the COUNTY.
Section 14. Professional Development:
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COUNTY agrees to budget for and to pay for travel and subsistence expenses of
EMPLOYEE for short courses, institutes, and seminars that are necessary for his professional
development and for the good of the COUNTY.
Section 15. Bonding:
COUNTY shall bear the full cost of any fidelity or other bonds required of the EMPLOYEE
under any law or ordinance.
Section 16. Other Terms and Conditions of Employment:
A. COUNTY shall provide EMPLOYEE at COUNTY expense a cell phone and any
necessary cellular service for use in carrying out EMPLOYEE's duties and responsibilities.
COUNTY shall also provide EMPLOYEE at COUNTY expense a laptop computer and any
necessary related service for use in carrying out EMPLOYEE's duties and responsibilities. Upon
the termination of this Agreement, for whatever reason, EMPLOYEE shall immediately return the
cell phone, the laptop computer and any related equipment to the COUNTY. EMPLOYEE
acknowledges that these services are generally for COUNTY business and that any personal use
shall be paid proportionately by the EMPLOYEE.
B. COUNTY, in consultation with the EMPLOYEE, shall fix any such other terms and
conditions of employment, as it may determine from tune to time, relating to the performance of
EMPLOYEE, provided such terms and conditions are not inconsistent with or in conflict with the
provisions of this Agreement or any other law.
Section 17. Notices:
Notices pursuant to this Agreement shall be in writing,transmitted by personal service or by
deposit in the custody of the United States Postal Service,postage prepaid,addressed as follows:
(1) COUNTY: Board of County Commissioners
Collier County Government Center
3301 East Tamiami Trail
Naples,Florida 34112
(2) EMPLOYEE: Ian Mitchell
9060 Palmas Grandes Blvd. Unit 104
Bonita Springs, Florida 34135
Section 18. General Provisions:
A. The text herein shall constitute the entire agreement between the parties and may not
be amended absent the mutual agreement of the parties as memorialized in a separate written
document.
B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and
executors of EMPLOYEE.
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C. This Agreement is a personal services contract and neither this Agreement nor
EMPLOYEE's obligations under this Agreement are assignable.
D. If any provision, or any portion thereof, contained in this Agreement is held
unconstitutional,invalid or unenforceable,the remainder of this Agreement,or portion thereof,shall
be deemed severable,shall not be affected,and shall remain in full force and effect.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida
has caused this Agreement to be signed and executed in its behalf by its Chairman,and duly attested
by its Clerk to the Board, and the EMPLOYEE has signed and executed this Agreement, the day
and year first above written.
L. v'r. `
ATTES ' , BOARD OF COUNTY COMMISSIONERS
�'„1 :........;� �r
DW14111,1T*E4tRopgeigeERK OF COLLIER COUNTY,FLORID
gle
'b - - . t a�r � BY .gar_ _ . ._
[ FRED W.COYLE,C . 1' .
ii°1/ EMPLOYEE:
�j� .�ii
��r� IAN MITCHEL
App ■ye. 4 o form and
legal liii y:
VV a
Jeffre7A. atzkow, County Attorney
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Class Code: 90014
Pay Grade: 23
COLLIER COUNTY, FLORIDA
CLASSIFICATION SPECIFICATION
CLASSIFICATION TITLE: EXECUTIVE MANAGER TO THE BCC
PURPOSE OF CLASSIFICATION
The purpose of this classification is to provide administrative assistance support to the Board of County Commissioners
(BOCC). Work involves providing and managing clerical and administrative support functions at the highest level of
County government. Employees in this class are in highly visible positions requiring frequent communication with all
levels of County government,external agencies and businesses,the media,and the general public.
ESSENTIAL FUNCTIONS
The following duties are normal for this position. The omission of specific statements of the duties does not
exclude them from the classification if the work is similar,related,or a logical assignment for this classification.
Other duties may be required and assigned
Maintains calendars for the BOCC; schedules and prepares for meetings, public petitions, workshops, and/or public
hearings; places advertisements and public notices as applicable;and handles all logistical arrangements pertaining to
the preparation and set up for the scheduled meetings/event.
Maintains frequent communication with all levels of County government, external agencies, local businesses,
community groups,the media,constituents, and the general public. Coordinates the collection and/or distribution of
information pertaining to BOCC activities.
Prepares reports,correspondence and other documents upon request. Prepares legal advertisements, BOCC change
sheets and other materials needed for scheduled meetings.
Coordinates advisory committees and/or task forces initiated by the BOCC. Maintains lists of members, monitors
term expirations where applicable; coordinates meeting schedules; and tracks project status, due dates, scheduled
presentations,etc.
Provides guidance to new Commissioners regarding County resources,business practices,policies and procedures.
Makes reservations and travel arrangements; and coordinates logistical arrangements for meetings (i.e. conference
rooms,catering,etc.)
Supervises subordinate clerical staff. Supervises, directs, and evaluates assigned staff, processing employee concerns
and problems,directing work,counseling,disciplining,and completing employee performance appraisals.
Prepares,presents and monitors the Board budget.
Establishes and maintains a variety of files and records,to include both automated and manual files.
Operates a personal computer,telephones,copiers and other general office equipment as necessary to complete essential
functions,to include the use of word processing,spreadsheet,database,or other system software.
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Collier County,Florida•Executive Manager to the BCC 90014
ADDITIONAL FUNCTIONS
Performs other related duties as required.
In the event of a declared state of emergency, employees in this classification may be called to work during days or
hours other than those for which they are regularly scheduled.
MINIMUM QUALIFICATIONS
Bachelor's degree in Public Administration,Business Administration,or closely related field;supplemented by three(3)
years previous experience and/or training that includes project management,budgetary review,public speaking,public
interaction, office administration in a municipal environment, and personal computer operations; or any equivalent
combination of education, training,and experience which provides the requisite knowledge,skills,and abilities for this
job.Fingerprinting required.
PERFORMANCE APTITUDES
Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria.
Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to
identify and select alternatives.
Human Interaction:Requires the ability to apply principles of persuasion and/or influence over others in a supervisory
capacity.
Equipment,Machinery,Tools,and Materials Utilization: Requires the ability to operate,maneuver and/or control
the actions of equipment,machinery,tools,and/or materials used in performing essential functions.
Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and
information.
Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the
ability to calculate decimals and percentages;the ability to utilize principles of fractions;and the ability to interpret
graphs.
Functional Reasoning: Requires the ability to apply principles of influence systems,such as motivation,incentive,and
leadership, and to exercise independent judgment to apply facts and principles for developing approaches and
techniques to resolve problems.
Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving
the evaluation of information against sensory,judgmental,or subjective criteria, as opposed to that which is clearly
measurable or verifiable.
Leadership:
Customer Service:
Financial Accountability:
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Collier County,Florida•Executive Manager to the BCC 90014
ADA COMPLIANCE
Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may
involve some lifting,carrying,pushing and/or pulling of objects and materials of light weight(5-10 pounds). Tasks
may involve extended periods of time at a keyboard or workstation.
Sensory Requirements: Some tasks require the ability to perceive and discriminate sounds and visual cues or signals.
Some tasks require the ability to communicate orally.
Environmental Factors: Essential functions are regularly g y performed without exposure to adverse environmental
conditions.
Collier County is an Equal Opportunity Employer.In compliance with the Americans with Disabilities Act, the County
will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and
current employees to discuss potential accommodations with the employer.
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Ey(i , g t -r. 2 . Class Code: 90009
Pay Grade: 16
COLLIER COUNTY,FLORIDA
CLASSIFICATION SPECIFICATION
CLASSIFICATION TITLE: ADMINISTRATIVE AIDE TO THE BCC
PURPOSE OF CLASSIFICATION
The purpose of this classification is to provide highly responsible, confidential and complex secretarial and
administrative duties for the Board of County Commissioners (BCC); to coordinate administrative office support
functions and activities; and to provide professional, effective and efficient public service assistance to the general
public.
ESSENTIAL FUNCTIONS
The following duties are normal for this position. The omission of specific statements of the duties does not
exclude them from the classification if the work is similar,related,or a logical assignment for this classification.
Other duties may be required and assigned.
Performs a wide variety of complex,responsible,and confidential duties for the BCC.
Serves as a liaison between supervisor and County staff, Board members, and the public; screens calls, visitors, and
mail. Coordinates Advisory Board Review annually. Attends meetings for Commissioners upon request.
Coordinates office support functions and activities of the BCC's office.
Researches, compiles, and analyzes data for special projects and various reports. Administers special projects and
activities as assigned. Prepares budgets and reviews expenditures.
Interprets County and departmental policies, rules, and regulations in response to inquiries; refers inquires as
appropriate.
Recommends organization or procedural changes affecting secretarial and clerical support activities particularly in the
areas of record keeping systems,forms control,office layout,and office procedures. Initiates and maintains a variety of
tiles and records. Types a variety of materials including general correspondence and memoranda.
Participates in the selection, supervision, training, and evaluation of clerical staff. Reviews and coordinates items for
signature. Assists supervisor with routine payroll,personnel,and purchasing duties as assigned. Responds to letters and
general correspondence of a routine nature.
Operates a personal computer,telephones,copiers and other general office equipment as necessary to complete essential
functions,to include the use of word processing,spreadsheet,database,or other system software.
ADDITIONAL FUNCTIONS
Prepares travel arrangements,maintains appointment schedules and calendars, arranges meetings and conferences,and
takes meeting minutes.
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Collier County,Florida•Administrative Aide to the BCC Code:
90009
Performs other related duties as required.
In the event of a declared state of emergency, employees in this classification may be called to work during days or
hours other than those for which they are regularly schuled.
MINIMUM QUALIFICATIONS
High school diploma or GED; with additional specialized coursework in secretarial and business administration;
supplemented by three years of progressively responsible experience performing secretarial and clerical work,including
some lead supervisory responsibilities; or any equivalent combination of education, training, and experience which
provides the requisite knowledge,skills,and abilities for this job.Fingerprinting required.
PERFORMANCE APTITUDES
Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria.
Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to
identify and select alternatives.
Human Interaction: Requires the ability to apply principles of persuasion and/or influence over others in a supervisory
capacity.
Equipment,Machinery,Tools,and Materials Utilization: Requires the ability to operate,maneuver and/or control
the actions of equipment,machinery,tools,and/or materials used in performing essential functions.
Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and
information.
Mathematical Aptitude: Requires the ability to perform addition,subtraction,multiplication and division;ability to
calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may
include ability to compute discount, interest, and ratios; may include ability to calculate surface areas, volumes,
weights,and measures.
Functional Reasoning: Requires the ability to apply principles of influence systems,such as motivation,incentive,and
leadership, and to exercise independent judgment to apply facts and principles for developing approaches and
techniques to resolve problems.
Situational Reasoning: Requires the ability to exercise judgment,decisiveness and creativity in situations involving
the evaluation of information against sensory,judgmental,or subjective criteria, as opposed to that which is clearly
measurable or verifiable.
Leadership:
Customer Service:
Financial Accountability:
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Collier County,Florida•Administrative Aide to the BCC Code:
90009
ADA COMPLIANCE
Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may
involve some lifting,carrying,pushing and/or pulling of objects and materials of light weight(5-10 pounds). Tasks
may involve extended periods of time at a keyboard or workstation.
Sensory Requirements: Some tasks require the ability to perceive and discriminate sounds and visual cues or signals.
Some tasks require the ability to communicate orally.
Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental
conditions.
Collier County is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the County
will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and
current employees to discuss potential accommodations with the employer.
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Chapter 5350
COMMITMENT TO FAIR TREATMENT
[Effective Date: April 9, 1999 (Revised: October 1,2001;Revised: October 1,2003;Revised: April
1,2006;Revised: May 11,2010)]
§5350-1.Purpose.
The purpose of this Instruction is to provide for the implementation of a commitment to fair
treatment procedure authorized by the County Manager.
§5350-2.Concept.
The County is committed to providing fair treatment to all employees and will ensure each
concern is handled in an efficient and equitable manner. The County has established a
commitment to fair treatment practice and procedure to provide a vehicle for employees to solve
problems or resolve disputes, which may rise regarding the application,meaning or interpretation
of the County's Human Resources Administrative Practices and Procedures. The commitment to
fair treatment procedure does not apply to new employees serving their initial six-month
probation, contract employees, temporary employees, and employee performance evaluation
ratings or hiring decisions. Appeal procedures for discharge, suspension, or disciplinary
demotion for regular full-time and regular part-time employees below the level of Department
Director but not including contract employees and Executive Aides to the Board of County
Commissioners, who are confidential employees working directly for the Commissioners, are
stated in CMA 5351, Discipline, under § 5351-2D, Suspension, Discharge and Disciplinary
Demotion Appeal Procedures.
§5350-3.Procedures.
A. The County encourages employees to discuss any concerns with their Supervisor and
ensures that employees may do so without fear of reprisal. It is the intent and desire of the
County to address complaints informally. Both Supervisors and employees are expected to
make every effort to resolve problems as they arise.
B. Three levels of review are provided to employees who are dissatisfied with the answer
received from their Supervisor. Employees shall first discuss the matter with their
immediate Supervisor within five working days of the occurrence of the incident. If
dissatisfied with the Supervisor's response, the employee has the option of appealing the
response at the following levels.'
Because the Executive Aides to the Board of County Commissioners only wort to a single supervisor, the
Executive Manager to the Board,they are only provided a single level of review. If unsatisfied with the response
provided by their supervisor, the Executive Aides may seek a final appeal of that response directly to the Human
Resources Director consistent with the articulated procedures provided in Level Three appeals.
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(1) Level One: The employee should reduce his/her concerns to writing for presentation
to his/her Department Director within five working days from the date of discussion
with the immediate Supervisor. Appeal forms may be utilized by the employee to
record the details of the situation, the immediate Supervisor's response and the
appropriate instruction, as applicable. A copy of the statement must be furnished by
the Department Director to the Human Resources Director. The Department Director
will schedule and conduct a meeting with the employee within five working days of
receipt of the appeal and will provide an answer within five working days of the
meeting. A meeting with all parties involved is encouraged before the Department
Director prepares his/her answer. If the employee is dissatisfied with the Department
Director's answer or the answer is not received within the specified time period, the
employee may appeal the action to the Division Administrator as provided in Level 2.
(2) Level Two: The employee may appeal by submitting the original document, the
Department Director's response and any additional comments to his/her Division
Administrator or designee. Copies of all documents must also be submitted to the
Human Resources Director. The appeal shall be filed within five working days from
the date of the Department Director's response. The Division Administrator or
designee will schedule and conduct a meeting with the employee within five working
days of receipt of the appeal and the employee will be provided an answer within five
working days of the meeting. A meeting with all parties involved is encouraged
before the Division Administrator or designee prepares his/her answer. Should the
employee be dissatisfied with the answer or not receive an answer within the
specified time period, the employee may appeal the action to the County Manager or
designee,as provided in Level 3.
(3) Level Three: To appeal to the County Manager's office, all previously submitted
forms and additional employee comments must be submitted to the County Manager's
Office with a copy to the Human Resources Director within five working days of
receipt of the Division Administrator's or designee's response. The employee may
discuss his/her concerns with the County Manager or his/her designee,if desired. The
County Manager, or his/her designee, will schedule and conduct a meeting within
seven working days of receipt of the appeal with a representative from Human
Resources in attendance. A meeting with all parties involved is encouraged before the
County Manager prepares his/her answer. A final decision will be rendered by the
County Manager's office within five working days of the meeting unless both parties
agree to a change of time. The County Manager's decision is final and no further
appeals are available through the County. The employee shall have the right to be
represented and/or accompanied by another employee during discussions with the
County Manager. Because it is the intent that this be an informal process, the
employee shall not be allowed to be represented by an attorney.
(4) General Provisions:
(a) There will be no retaliation against an employee for utilizing this process.
(b) Employees at Department Director level and equivalent (salary grade #29 and
above) and contract employees are not eligible to use this procedure.
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(c) Should the employee be dissatisfied with a decision or action of an individual in
another department, the appeals are addressed through the chain of command in
that department in accordance with this practice. The employee should also
inform his/her immediate Supervisor of the discussions taking place with
another department's chain of command.
(d) An appeal or request for a hearing that is not submitted within the time limits as
prescribed for each level where no written extension has been granted by the
due date shall be considered untimely; and, unless the lack of timeliness results
from circumstances over which the employee has no control, untimely appeals
will not be considered. An appeal not taken to the next step within the time
limits shall be considered settled on the basis of the last answer provided by
management. An appeal or request for a hearing that is not answered within the
time limits prescribed for the appropriate management representative at each
level shall entitle the employee to appeal to the next level.
(e) The time limits prescribed herein may be extended for good and sufficient
reasons by management due to illness, vacations, business trips, emergencies,
•
business scheduling conflicts, or other unusual circumstances, when deemed in
the best interest of assessing all available information to arrive at an equitable
solution. If the time limits are extended, the employee will be so advised in
writing
(f) The time limits as set forth in this procedure for the processing of complaints
and responses by management shall remain the same for employees regardless
of work schedules. For the purpose of this commitment to fair treatment
procedure, the working day shall be defined as regular business hours Monday
through Friday.
(g) All records, notes, correspondence, decisions and actions pertaining to the
complaint shall be maintained in the Human Resources Department. A copy of
the final resolution of all appeals shall be furnished to the employee and a copy
forwarded to the Human Resources Director for insertion in the Commitment to
Fair Treatment File.
(h) The Human Resources Department is responsible for administering the
commitment to fair treatment procedure and ensuring the appeal is handled in a
prompt and efficient manner.
(i) This procedure does not provide any guarantee of a job or position with the
County.
(j) It is not the County's practice to allow court reporters to participate in this
process. See also § 5351-2D, Suspension, Discharge and Disciplinary Demotion
Appeal Procedures,under CMA 5351, Discipline
§5350-4.Currency.
The Human Resources Department is responsible for maintaining the currency of this
Instruction.
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§5350-5.Reference.
Collier County Personnel Ordinance, Ordinance No. 2001-50: Commitment to Fair Treatment
for Regular Full-Time and Part-Time Employees Below the Level of Section Head: The County
has established a Commitment to Fair Treatment policy and procedure to provide a vehicle for
employees to solve problems or resolve disputes which may arise regarding the application,
meaning or interpretation of the County's Human Resources Practices and Procedures. The
Commitment to Fair Treatment procedure does not apply to probationary employees, temporary
employees or employee performance appraisal ratings. The County understands when people
work together disagreements are likely to occur. The County is committed to providing fair
treatment to all employees and will ensure each concern is handled in an efficient and equitable
manner. It is the intent and desire of the County to adjust complaints informally. Both
Supervisors and employees are expected to make every effort to resolve problems as they arise.
It is the responsibility of all involved parties to accept the final decision in this process.
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CMA 5351 16 H 3
DISCIPLINE
[Effective Date: April 9,1999(Revised:March 13,2000; Revised: October 1,2001;Revised:
October 1,2003; Revised: January 1,2005; Revised: April 1,2006; Revised: May 1, 2009;
Revised: May 11,2010)1
§5351-1.Purpose.
The purpose of this Instruction is to provide for the implementation of a disciplinary
procedure authorized by the County Manager.
§5351-2.Concept.
It is the practice of the County to implement a program of positive discipline. The County
believes employees are the most vital resource of County government. Therefore, when
employee behavior warrants.it, supervisors must take positive corrective action whenever
practical. These disciplinary procedures apply only to all regular full-time and part-time
employees below the level of Department Director but not including contract employees
and the Executive Aides to the Board of County Commissioners, who are confidential
employees working directly for the Commissioners. Department Directors, Fire Chiefs,
Chief — EMS, Division Administrators, County Attorney, Deputy County Attorney,
Deputy County Manager, Executive Aides to the Board of County Commissioners, the
County Manager, and all other contract employees reporting to the Board of County
Commissioners are exempt from this disciplinary procedure, serve at the will of the
County and may be suspended, discharged or demoted for any reason. All temporary and
seasonal employees and contractual staff of the County are also exempt from this
disciplinary procedure and may be separated at any time for any reason. Employees in
their initial probationary period (including any extension of their initial probationary
period) do not have appeal rights under this procedure. See CMA § 5321, Probationary
Period,for further definition of the probationary period.
A. Definitions:
(1) Behavior Action Plan: The Behavior Action Plan (BAP) is a document used to
administer progressive discipline actions to employees. A Behavior Action Plan
is used by a Supervisor/Manager/Director to document continued violations of
County standards after a verbal counseling session has taken place and behaviors
do not improve; or in cases when conduct warrants an immediate written warning,
suspension, disciplinary demotion or recommendation to terminate the
individual's employment.
The BAP will include a description of the incident or violation, including the
specific section of the CMA(s) violated; a summary of the employee's past
disciplinary actions, if applicable; the expectations for the employee to improve
his/her behavior through measurable improvements or goals; and the positive or
negative consequences of not meeting the improvements or goals that have been
rugeIofrI
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outlined.
The BAP will be prepared by the employee's Supervisor/Manager/Director in
consultation with the HR Generalist assigned to the department. The final
recommendation for disciplinary action must be approved by the Department
Director. Once the recommendation has been made, the Manager — Labor &
Employee Relations and Human Resources Director must approve the BAP
before it is issued to the employee. The BAP, along with any supporting
documentation, is delivered to the employee by his/her Director and HR
Generalist.
The BAP will become part of the documentation contained in the Human
Resources Personnel File.
(2) Supervisory Log/Record of Conversation: A supervisory log/record of
conversation is used to document the details of a verbal counseling session
between an employee and his/her supervisor. The log should include the date of
the occurrence, the action or behavior observed, the specific section of County
CMAs that was violated, and the date and initials when the supervisor reviewed
his/her concerns with the employee.
After action is taken on the Supervisory Log/Record of Conversation, it will be
retained in the employee's departmental file. In the event that further disciplinary
actions arc warranted, the Supervisory Log/Record of Conversation may be
included as supporting documentation with a BAP.
B. Factors In Discipline: Although internal consistency in administering discipline is
desirable, numerous factors should be considered in determining the appropriate
level of discipline to be administered.These factors include,but are not limited to:
(1) Employee's length of service.
(2) Intervals between performance or behavior problems.
(3) Employee's progress towards improving overall work performance or
behavior.
(4) Disciplinary history.
(5) Effectiveness of prior disciplinary actions.
(6) Severity of disciplined behavior.
(7) Repetition of disciplined behavior.
C. Philosophy: Supervisors should work with employees to improve performance or
behavior and may refer employees to the Employee Assistance Program whenever
possible. While the goal of discipline is to be corrective through a series of
progressive steps/actions, allowing the employee to improve his/her behavior, in
certain circumstances,progressive discipline may not be applicable.
Behavior Action Plan (BAP): Each disciplinary action, other than verbal
Page 2 of II
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Ahos
counseling, must be fully documented on a Behavior Action Plan and submitted to
the Human Resources Department prior to implementation.
Behaviors requiring immediate action: Some breaches of conduct are so severe,
however,that they warrant an immediate discharge or other disciplinary action. The
following include, but are not limited to, actions that may warrant immediate
discharge: workplace violence, violations of the Code of Ethics/Standards of
Conduct, or any applicable ethics laws or ordinances, insubordination, theft, sexual
harassment,or other severe misconduct or unsatisfactory performance or behavior.
Decisions regarding disciplinary actions are the responsibility of the Department
Director; however, disciplinary actions for violations of policies, practices or
procedures that fall under the purview of a department other than Human Resources
should be made in consultation with the Department Director having authority over
that policy, practice or procedure (i.e., Purchasing policies, Risk
Management/Safety policies,computer usage policies, etc.)
D. Disciplinary Actions:
(1) Verbal counseling session: A verbal counseling session takes place between
an employee and his/her supervisor when attitude, work habits, or conduct
does not fall within established guidelines or CMAs, with the objective being
to provide notice to the employee of his/her actions and to outline the steps
necessary to improve these actions to avoid further disciplinary measures.
Amok
(a) Supervisors should advise employees immediately whenever the
employee's attitude, work habits, or personal conduct falls below an
acceptable level.
(b) It is the responsibility of the employee's immediate supervisor to gather
all the information, weigh the facts and discuss any disciplinary or other
problems with the employee involved.
(c) The purpose of a verbal counseling session is to encourage employees to
improve their attitude, work habits, attendance, or behavior. Discussions
of this nature are commonly used when an employee disregards work
rules of a relatively minor nature. The supervisor will identify and define
the area in need of improvement and ask the employee what steps he/she
will take to make improvements in his/her behavior/performance.
(d) A verbal counseling session serves notice that if' improvement is not
forthcoming, or the misconduct reoccurs, then more formal disciplinary
action such as written counseling, suspension, demotion or discharge
may be taken. The supervisor should note the verbal counseling session
on the County's Supervisory Log Form/Record of Conversation (ROC)
Form and maintain this form in department records. The supervisor and
the employee should initial the Supervisory Log entry. If the employee
refuses to sign, it should be so indicated on the Supervisory Log/ROC
Form in the area reserved for the employee's initials. This form should
not be placed in the employee personnel file in the Human Resources
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CMA 5351
16H3
Department, but should be retained by the Supervisor. The Supervisory
Log Form/Record of Conversation (ROC) Form is a public record and
may become part of a personnel file in the event that further disciplinary
action is warranted.
(2) Written Counseling Session:
(a) in situations where verbal counseling has not resulted in the expected
improvement or when an employee exhibits further disciplinary
problems or when the employee's conduct warrants, a BAP shall be
issued. If misconduct is involved, the information should include a
description of the incident of misconduct and refer to times, dates,
locations, and the Code of Ethics/Standards of Conduct or other CMAs
violated as applicable.
(b) The employee's immediate Supervisor may initiate the BAP in
coordination with the Department Director and the assigned Human
Resources Generalist. Final decisions regarding discipline are the
responsibility of the Department Director. The signatures of the
supervisor, Department Director, Manager - Labor and Employee
Relations and Human Resources Director must be included on the
Behavior Action Plan. The BAP may be issued to the employee after
approvals listed above are obtained.
(c) The supervisor/Department Director and the assigned Human Resources
Generalist will meet with the employee to review the information on the
Behavior Action Plan and issue the written discipline. The employee's
signature is requested on the Behavior Action Plan to acknowledge
receipt; however, the signature may or may not indicate an employee's
agreement with the disciplinary action. If the employee refuses to sign, it
should be so indicated on the Behavior Action Plan in the area reserved
for the employee's signature.
(d) The Behavior Action Plan, documenting the conduct and, where
appropriate, the Code of Ethics/Standards of Conduct violated and
disciplinary action taken, are a public record and shall be retained in the
employee's personnel file in the Human Resources Department.
(3) Suspension:
(a) An employee may be suspended without pay by his/her immediate
supervisor, with the prior approval of the Department Director or his/her
designees and upon consultation with the assigned Human Resources
Generalist. Suspensions may be recommended for reasons provided in
the Code of Ethics/Standards of Conduct' or for other unacceptable
conduct.
(b) Under extreme or exigent circumstances, the immediate supervisor may
1. Editor's Note:See CMA 5311,Code of Ethics,and CMA 5311.1,Standards of Conduct.
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CMA 5351 r `e
place an employee on administrative leave with pay without the
approvals and consultation indicated above (weekends, night shift,
perceived danger to fellow employees, the public or to County property,.
safety concerns, etc.). Administrative Leave is outlined further in CMA
5360, Leaves of Absence. In these cases, the Supervisor should contact
the Department Director, the Human Resources Director and the Labor
and Employee Relations Manager as soon as possible.
(c) Suspensions shall be documented on a Behavior Action Plan which
describes unacceptable conduct and, where appropriate, the specific
section(s) of the Code of Ethics/Standards of Conduct or other CMAs
violated and the disciplinary action administered. The Behavior Action
Plan must be approved by the Supervisor, Department Director,
Manager - Labor and Employee Relations and Human Resources
Director before it is issued to the employee. The supervisor/Department
Director and the assigned Human Resources Generalist will meet with
the employee to review the information on the Behavior Action Plan and
issue the suspension. The employee's signature is requested on the
Behavior Action Plan to acknowledge receipt; however, the signature
may or may not indicate an employee's agreement with the disciplinary
action. If the employee refuses to sign, it should be so indicated on the
Behavior Action Plan in the area reserved for the employee's signature.
The original copy of the Behavior Action Plan shall be retained in the
employee's personnel file in the Human Resources Department. A
Personnel Action Report(PAR)should be completed when a suspension
occurs.
(d) Any employee recommended for suspension shall be given notice of
his/her appeal rights, if any, by separate letter/memorandum from the
Human Resources Department. A copy of the appeal procedure shall be
provided with this letter/memorandum.
(e) The suspension action becomes final should the employee fail to file a
request to appeal the suspension during the required time period.
(4) Termination of Employment/Disciplinary Demotion:
(a) Employees may be recommended for termination of employment or
demotion for misconduct, unacceptable job performance, job
abandonment and/or violations of the Code of Ethics/Standards of
Conduct. As noted in the Code of Ethics/Standards of' Conduct,2 the
reasons for discipline, including termination of employment or
demotion, outlined therein are examples and are not considered all
inclusive. Recommendations to terminate employment or demote regular
full-time and regular part-time employees who have completed their
initial probationary period may be made by the employee's Department
2. Editor's Note:See CMA 5311,Code of Ethics,and CMA 5311.1,Standards of Conduct.
Page 5 of I I
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CMA 5351 16 H 3
Director in coordination with the assigned Human Resources Generalist,
after consultation with the Manager-Labor and Employee Relations and
Human Resources Director. Following this consultation, the
recommendation shall be formalized by completion of a Behavior
Action Plan.3
(b) The Behavior Action Plan should fully describe the reasons for the
recommended termination or demotion and indicate the specific
section(s) of the Code of Ethics/Standard of Conduct or other CMAs
violated, as applicable, or other reasons for the recommended
termination or demotion.
(c) The Behavior Action Plan should be signed by the immediate supervisor
and Department Director and forwarded to the Labor and Employee
Relations Manager and the Human Resources Director for review and
approval prior to communication with the employee.
(d) The supervisor/Department Director and the assigned Human Resources
Generalist will meet with the employee to review the information on the
Behavior Action Plan and issue the termination or demotion. The
employee's signature is requested on the Behavior Action Plan to
acknowledge receipt: however,the signature may or may not indicate an
employee's agreement with the disciplinary action. If the employee
refuses to sign, it should be so indicated on the Behavior Action Plan in
the area reserved for the employee's signature.
(e) Employees may be placed on administrative leave with pay pending.
approval of the termination or demotion and will be entitled to a
termination/disciplinary demotion hearing upon written request. See §
5351-2D(2)and(3)below.
(t) Any employee recommended for discharge or demotion shall be given
notice of his/her appeal rights, if any, by a letter/memorandum from the
Department Director separate and apart from the BAP. A copy of the
appeal procedure shall be provided to the employee with the
letter/memorandum.
(g) The termination/demotion action becomes final should the employee fail
to file a request to appeal the action during the required time period.
(7) When disciplinary action is taken and a Behavior Action Plan is completed,an
employee may be placed on probation or given other disciplinary action as
warranted. When the employee meets the established goal(s), the probationary
period or other disciplinary action may be lifted. If the employee does not
meet the established goal(s), further disciplinary action may be taken, up to
and including discharge.
D. Appeal Process: No appeal will be allowed for any disciplinary action except
3.Editor's Note:The Bebsvior Action Plan is included at the esd of this CMA.
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CMA 5351
suspensions,terminations and disciplinary demotions as outlined beloj1 6t y
will, however, be permitted to submit statements outlining the reason(s), if any, or
their disagreement with the disciplinary action taken.
(1) Appeal of Suspension:
(a) The employee may request a hearing within five working days of receipt
of the notice of suspension before the Division Administrator/Chief or
his/her designee. The Department Director, and Human Resources
Director, or their respective designees, shall be in attendance. The
employee will be provided an opportunity to present evidence that the
suspension is inappropriate. The Department Director or his/her
designee, and the employee's supervisor, shall present the
reasons/documents for the suspension.
(b) Upon written request by the employee at least three working days prior
to the hearing, the County will allow the attendance of a reasonable
number of County employees who have direct knowledge of the incident
under review at the hearing as witnesses for the employee. The County
will be responsible for the wage or salaries of all County employee
witnesses who appear at the hearing at the request of the employee. A
list of witnesses, summary of testimony and other evidence, shall be
provided by both parties to the Human Resources Department at least
three working days prior to the hearing. The employee is responsible for
notifying his/her witnesses of the date and time they need to appear.
(c) The Division Administrator/Chief or his/her designee shall hear the facts
of the matter and take additional action, as necessary, to ensure all the
facts in the matter are detennined. Upon review of the facts, the Division
Administrator/Chief may uphold or overturn the recommended action,
or may recommend reduced disciplinary measures. The Division
Administrator/Chief, or his/her designee, shall render a final decision in
writing within ld working days of the hearing to the employee. In the
case of a suspension action, the decision of the Division
Administrator/Chief is final.
(d) If the suspension is upheld by Division Administrator or his/her
designee, the Behavior Action Plan documenting the suspension shall be
placed in the employee's personnel file in the Human Resources
Department. If the suspension is overturned by the Division
Administrator or his/her designee, or reduced disciplinary measures are
recommended, pay, if applicable, shall be reinstated to the employee and
documentation regarding the disciplinary action shall be placed in the
employee's personnel file.
(2) Appeal of Recommendation for Termination or Disciplinary Demotion:
(a) An appeal hearing, if requested in writing by the employee within five
working days of the action, will be coordinated by the Human Resources
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•
clot a►5351
16H3
Director or designee and is intended to present the factual reasons for the
termination/disciplinary demotion for verification or denial of those
facts by the employee. The hearing can be waived by the employee, in
which case the proposed disciplinary action will stand.
(b) The employee will receive notification of the hearing in writing a
minimum of three working days prior to the hearing from the Human
Resources Director or his/her designee. This notice will contain the date,
time and place of the hearing, reasons for the discharge/disciplinary
demotion and a copy of the approved Behavior Action Plan. Failure of
the employee to attend the scheduled hearing will be considered a
waiver of the hearing and the discharge will stand.
(c) The appeal hearing will be conducted by the Division Administrator or
his/her designee with assistance from the Human Resources Department.
The purpose of the hearing is to review the facts relating to the matter
and determine whether they support the decision and fall within
guidelines of existing CMAs. The employee will not be allowed to
' include testimony of witnesses or be represented by an attorney.
(d) The Division Administrator or his/her designee shall make a decision to
uphold or overturn the recommended action, or may recommend
reduced disciplinary measures within three working days of the
conclusion of the hearing. This decision will be communicated in
writing to the employee, the Human Resources Director,the employee's
immediate Supervisor and Department Director.
(e) During the period between the date when an employee has been
recommended for termination or disciplinary demotion and the date the
initial appeal hearing is held, the employee will be placed on paid
Administrative Leave of Absence.
(3) Appeal of final decision for Termination/Disciplinary Demotion:
(a) The employee may appeal a final decision for termination/disciplinary
demotion in writing to the Human Resources Director within five
working days upon receipt of the Division Administrator or designee's
determination. The hearing will be held before the County Manager or
his/her designee. The Human Resources Director will schedule the
hearing within 30 days of receiving the request for the hearing. The
hearing may only be rescheduled upon written request of either party,
and must be reset within a reasonable time. The Department Director
and Human Resources Director,or their respective designees, shall be in
attendance. The employee may be allowed to present witnesses, in
accordance with section (c) below, and documentation and may cross-
examine witnesses presented by the County. The employee will be
allowed representation by an attorney. The employee will have a right to
examine the evidence that forms the basis for the
termination/disciplinary demotion. The Department Director or his/her
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161-13
4.,
designee, with assistance and representation from the Office of the
County Attorney and the Human Resources Director or his/her designee,
as appropriate or as needed, shall present the reasons for the
termination/disciplinary demotion and will also be allowed to present
witnesses and documentation and will be allowed to cross-examine
witnesses presented by the employee. The County Manager or his/her
designee shall take action to ensure all facts in the matter are
determined.
(b) Judicial rules of procedure and evidence will not be applicable. The
County Manager or his/her designee shall render his/her decision within
10 working days of the hearing. The County Manager or his/her
designee shall communicate the decision in writing to the employee,
Human Resources Director, immediate supervisor, Department
Director, Division Administrator and any other applicable
representative(s). A court reporter shall document this process. All
witnesses providing testimony will be put under oath.
(c) Upon written request by the employee at least three working days prior
to the hearing, the County will allow the attendance of a reasonable
number of County employees at the hearing as witnesses for the
employee. The County will be responsible for the wage or salaries of all
County employee witnesses who appear at the hearing at the request of
the employee. A list of witnesses and summary of testimony and other
evidence shall be provided by both parties to the Human Resources
Department at least three working days prior to the hearing. The
employee is responsible for notifying his/her witnesses of the date and
time they need to appear.
(d) At the option of the County Manager or his/her designee, a Hearing
Officer may be selected to make the findings of fact. The person
selected will either be the County Manager's designee, an attorney who
is a member of the Florida Bar Association, or an arbitrator listed with
either the American Arbitration Association or the Federal Mediation
and Conciliation Service. All expenses of the Hearing Officer and Court
Reporter will be the responsibility of the employee's Department. The
Hearing Officer will prepare a written finding of facts and, if
appropriate, conclusions of law and submit them to the County Manager
within 10 business days following the close of the hearing. The Hearing
Officer will not make any recommendation as to the actual resolution of
the discharge/disciplinary demotion. The County Manager or his/her
designee will issue a final decision in writing within 10 working days
following receipt of the report from the Hearing Officer to the employee.
(e) If the discharge/disciplinary demotion is upheld by the County Manager
or his/her designee, the Behavior Action Plan documenting the
termination/disciplinary demotion shall be placed in the employee's
personnel file in the Human Resources Department.
Page 9ort1
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16H3
CMA 5351
(l) If the termination/disciplinary demotion is overturned by the County
Manager or his/her designee,pay and benefits, if applicable, and original
date of hire shall be reinstated to the employee and documentation
regarding the discharge/disciplinary demotion shall be placed in the
employee's personnel file.
(g) The County Manager, or his/her designee, may also recommend
alternative or reduced disciplinary measures in lieu of upholding the
discharge/disciplinary demotion. In such circumstances, the County
Manager or designee will determine the terms under which the employee
may return to work, including eligibility for return of pay and benefits.
While reasonable attempts will be made to maintain an employee in
his/her previous pay grade and classification, employees who accept the
conditions of alternate disciplinary measures may be transferred to
another position in the organization.
(h) During the period between the date when the Division Administrator
upholds the termination/disciplinary demotion decision and the date the
termination/post-disciplinary demotion hearing is held, the employee
will be placed on unpaid Administrative Leave of Absence.
(4) General Provisions:
(a) An appeal or request for a hearing that is not submitted within the time
limits as prescribed for each step, where no written extension has been
granted by the due date, shall be considered untimely; and, unless the
lack of timeliness results from circumstances over which the employee
has no control, untimely requests will not be considered. An appeal or
request for hearing not taken to the next step within the time limits shall
be considered settled on the basis of the last answer provided by
management. An appeal or request for a hearing that is not answered
within the time limits prescribed for the appropriate management
representative at each step shall entitle the employee to appeal to the
next step.
(b) The time limits prescribed herein may be extended for good and
sufficient reasons by management due to short term illness, vacations,
business trips, scheduling/workload conflicts, or emergencies, when
deemed in the best interest of assessing all available information to
arrive at an equitable solution. If the time limits are extended, the
employee will be so advised in writing.
(c) The time limits as set forth in this procedure for the processing of
complaints and responses by management shall remain the same for
employees regardless of work schedules. For the purpose of this
discipline procedure, the working day shall be defined as regular
business hours Monday through Friday. An employee who seeks an
extension of the time limits set forth herein must make the request to the
Human Resources Director in writing prior to the expiration of the time
Page 10 of 11
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CMA 5351 3
period to be extended.
(d) A court reporter shall be utilized to document the final appeal of
termination/disciplinary demotion processes.
§5351-3.Currency.
The Human Resources Department is responsible for maintaining the currency of this
Instruction.
§5351-4.Reference.
Collier County Personnel Ordinance, Ordinance No. 2001-50: Discipline: It is the policy
of the County to implement a policy of positive progressive discipline. The County
believes employees are the most vital resource of County government. Therefore,
Supervisors must take positive corrective action whenever practical. The disciplinary
procedures apply only to all regular full-time and part-time employees below the level of
Section Heads, Department Directors, Division Administrators, and all supervisory
employees directly reporting to the Board of County Commissioners, County Attorney,
and County Manager are exempt from the disciplinary policy, serve at the will of the
County, and may be discharged for any reason. All contractual employees of the County
are exempt from the disciplinary policy.
Page I I of I I
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1/22/2013 Item 16.K.3.
NON-DISCLOSURE AGREEMENT
THIS AGREEMENT(the"Agreement")is entered into on this 22nd day of January,2013,by and
between the Board of Collier County Commissioners of Collier County,Florida located at 3299 Tamiami
Trail East, Naples, Florida 34112(the "Board") and Ian Mitchell, Executive Manager to the Board of
County Commissioners("Mitchell")as required by Section 2 of Mitchell's Employment Agreement dated
May 25,2010.
Mitchell in his capacity as Executive Manager to the Board of County Commissioners often
participates in or is privy to the private, confidential discussions regarding the professional and personal
business of the five(5) individual Board members (collectively referred to herein as the Board). During
those discussions, the Board may share certain personal and private information with Mitchell that is
intended to be confidential. Therefore, in consideration of the mutual promises and covenants contained
in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged,the parties hereto agree as follows:
I. Definition of Confidential Information.
(a) For purposes of this Agreement, "Confidential Information" means any oral
communication that is personal, private or particular to the Board members and not generally known to
the public, or written communications not constituting public records as defined by Section 119, Florida
Statutes(2012),whenever and however disclosed. Confidential Information need not be novel or unique
in order to be designated Confidential Information. Mitchell acknowledges that Confidential Information
is personal and private to the Board and that the Board regards all of its Confidential Information as not
subject to disclosure.
(b) Notwithstanding anything in the foregoing to the contrary, Confidential
Information shall not include information which: (i) was known by Mitchell prior to receiving the
Confidential Information from the Board; (b) becomes rightfully known to Mitchell from a third-party
source not known by Mitchell (after diligent inquiry)to be under an obligation to the Board to maintain
confidentiality; (c) is or becomes publicly available through no fault of or failure to act by Mitchell in
breach of this Agreement; (d) concerns information that is protected pursuant to State or Federal
"Whistleblower" laws; or (e) is required to be disclosed in a judicial or administrative proceeding, or is
otherwise requested or required to be disclosed by law or regulation, although the requirements of
paragraph four(4)hereof shall apply prior to any disclosure being made.
2. Disclosure of Confidential Information.
From time to time, the Board may have disclosed Confidential Information to Mitchell
throughout the course of Mitchell's employment with Collier County. Mitchell will: (a)restrict disclosure
of any Confidential Information in connection with his past, current or future employment relationship
with the Board, (b)advise individual Board members who have disclosed such Confidential Information
to Mitchell in advance if he is compelled to disclose such information in accordance with the provisions
of section four (4) below, (c) shall keep all Confidential Information strictly confidential by using the
same reasonable degree of care that he would use if safeguarding his own Confidential Information; and
(d) not disclose any Confidential Information received by it to any third parties (except as otherwise
provided for herein).
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1/22/2013 Item 16.K.3.
3. Use of Confidential Information.
Mitchell agrees to use the Confidential Information solely in connection with his past,
current or future employment relationship with the Board and not for any purpose other than as authorized
by this Agreement without the prior written consent of an authorized representative of the Board. No
other right, whether expressed or implied, in the Confidential Information is granted to Mitchell
hereunder. All title and ownership of any Confidential Information will remain solely in the Board.
4. Compelled Disclosure of Confidential Information.
Notwithstanding anything in the foregoing to the contrary, Mitchell may disclose
Confidential Information pursuant to any governmental, judicial, or administrative order, subpoena,
discovery request, regulatory request or similar method, provided that Mitchell promptly notifies the
Board in writing of such demand for disclosure so that the Board, at its sole expense, may seek to make
such disclosure subject to a protective order or other appropriate remedy to preserve the confidentiality of
the Confidential Information. Mitchell agrees that it shall not oppose and shall cooperate with efforts by
the Board with respect to any such request for a protective order or other relief. Notwithstanding the
foregoing, if the Board is unable to obtain or does not seek a protective order and Mitchell is legally
requested or required to disclose such Confidential Information, disclosure of such Confidential
Information may be made without liability.
5. Term.
This Agreement shall remain in effect for a four-year term from the date Mitchell Amok
separates(whether by resignation,retirement or termination)from his employment with the Board.
6. Remedies.
Both parties acknowledge that the Confidential Information to be disclosed hereunder is
of a unique, personal and valuable character, and that the unauthorized dissemination of Confidential
Information will cause the Board to sustain damages. Therefore,both parties hereby agree that the Board
shall be entitled to the following remedies in the event of any dissemination of Confidential Information
by Mitchell in violation of the terms of this agreement: (1)Mitchell and the Board recognize that because
of the unique nature of Confidential Information it is difficult to determine the actual damages that will
result from an unauthorized disclosures. The parties agree, however, that the Board shall be entitled to
recover as liquidated damages, but not as a penalty, the total amount of severance actually paid out to
Mitchell (if any) upon the date of his separation from County employment, and (2) injunctive relief
preventing the dissemination of any Confidential Information in violation of the terms hereof. Such relief
shall be in addition to any other remedies available hereunder, whether at law or in equity. The Board
shall be entitled to recover its costs and fees, including reasonable attorneys' fees, incurred in obtaining
any such relief. Further, in the event of litigation relating to this Agreement,the prevailing party shall be
entitled to recover its reasonable attorney's fees and expenses.
7. Notice of Breach.
Mitchell shall notify the Board immediately upon discovery of any unauthorized use or
disclosure of Confidential Information by Mitchell, his agents or representatives, or any other breach of
this Agreement by Mitchell, his agents or representatives, and will cooperate with efforts by the Board to
Asook
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1/22/2013 Item 16.K.3.
help the Board regain possession of Confidential Information and prevent its further unauthorized use.
8. Miscellaneous.
(a) This Agreement constitutes the entire understanding between the parties and
supersedes any and all prior or contemporaneous understandings and agreements,whether oral or written,
between the parties,with respect to the subject matter hereof. This Agreement can only be modified by a
written amendment signed by the party against whom enforcement of such modification is sought.
(b) The validity, construction and performance of this Agreement shall be governed and
construed in accordance with the laws of State of Florida. The Federal and State courts located in Collier
County,Florida shall have sole and exclusive jurisdiction over any disputes arising under the terms of this
Agreement.
(c) Any failure by either party to enforce the other party's strict performance of any
provision of this Agreement will not constitute a waiver of its right to subsequently enforce such
provision or any other provision of this Agreement.
(d) Although the restrictions contained in this Agreement are considered by the parties to
be reasonable for the purpose of protecting the Confidential Information, if any such restriction is found
by a court of competent jurisdiction to be unenforceable, such provision will be modified, rewritten or
interpreted to include as much of its nature and scope as will render it enforceable. If it cannot be so
modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the
remainder of the Agreement will be enforced as if such provision was not included.
(e) Any notices or communications required or permitted to be given hereunder may be
delivered by hand, deposited with a nationally recognized overnight carrier, electronic-mail, or mailed by
certified mail, return receipt requested, postage prepaid, in each case, to the address of the other party.
All such notices or communications shall be deemed to have been given and received (a) in the case of
personal delivery or electronic-mail, on the date of such delivery, (b) in the case of delivery by a
nationally recognized overnight carrier,on the third business day following dispatch and(c) in the case of
mailing,on the seventh business day following such mailing.
(f) This Agreement is personal in nature, and neither party may directly or indirectly
assign or transfer it by operation of law or otherwise without the prior written consent of the other party.
All obligations contained in this Agreement shall extend to and be binding upon the parties to this
Agreement and their respective successors,assigns and designees.
(g) Paragraph headings used in this Agreement are for reference only and shall not be
used or relied upon in the interpretation of this Agreement.
•
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1/22/2013 Item 16.K.3.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date first
above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK, Clerk COLLIER COUNTY,FLORIDA
By: By:
GEORGIA A.HILLER,ESQ.
Dated: CHAIRWOMAN
(SEAL)
Approved as to form and
legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
•
By:
First Witness Ian Mitchell
mmitk
Type/print witness name
Second Witness
Type/print witness name
4 4.0,
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